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HomeMy WebLinkAboutRC 20120131000953 111 II 1131111111111111 2012013100095 , FIRST AMERICAN COV 3 PAGE-001 OF 006 67.00 01/31/2012 11:36 KING COUNTY, WA RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF RENTON 1055 SOUTH GRADY WAY RENTON,WA 98057 DECLARATION OF COVENANT W FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Bronte Homes LLC Grantee:City of Renton Legal Description: Lots 1-8 Duvall 8 Short Plat as conveyed to King County by instrument recorded under recording number 20120110900001 Additional Legal(s)on: Assessor's Tax Parcel ID#: 1023059005& 1023059481-1023059487 IN CONSIDERATION of the approved City of Renton(check one of the following)0 residential building permit,0 commercial building permit,O clearing and grading permit,O subdivision permit,or 0 short subdivision permit for Application File No.LUA/SWP relating to the real property("Property")described above,the Grantor(s),the owner(s)in fee of that Property,hereby • f covenants(covenant)with City or Renton,a political subdivision of the state of Washington,that he/she(they)will observe,consent to,and abide by the conditions and obligations set forth and described in Paragraphs 1 through 8 below with regard to the Property. Grantor(s)hereby grants(grant), covenants(covenant),and agrees(agree)as follows: 1. Grantor(s)or his/her(their)successors in interest and assigns("Owners")shall retain,uphold, and protect the stormwater management devices,features,pathways,limits,and restrictions,known as flow control best management practices("BMPs"),shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost,operate,maintain,and keep in good repair,the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. City or Renton shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs. After the 30 days,the Owners shall allow the City of Renton to enter for the sole purpose of inspecting the BMPs. In lieu of inspection by the City,the Owners may elect to engage a licensed civil engineer registered in the state of Washington who has expertise in drainage to inspect the BMPs and provide a written report describing their condition. If the engineer option is chosen,the Owners shall provide written notice to the City of Renton within fifteen days of receiving the City's notice of inspection. Within 30 days of giving this notice,the Owners,or the engineer on behalf of the Owners,shall provide the engineer's report to the Cityof Renton. If the report is not provided in a timely manner as specified above,the County may inspect the BMPs without further notice. 4. If the City determines from its inspection,or from an engineer's report provided in accordance with Paragraph 3,that maintenance,repair,restoration,and/or mitigation work is required for the BMPs, The City shall notify the Owners of the specific maintenance,repair,restoration,and/or mitigation work (Work)required under RMC 4-6-030. The City shall also set a reasonable deadline for completing the Work or providing an engineer's report that verifies completion of the Work. After the deadline has . • passed,the Owners shall allow the City access to re-inspect the BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by the City,the City may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of RMC 4-6-030 and may subject the Owners to enforcement under the RMC 1-3,including fines and penalties. 5. Apart from performing routine landscape maintenance,the Owners are hereby required to obtain written approval from the City or Renton before performing any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party,or after three(3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property,and it shall inure to the benefit of all the citizens of the City of Renton and its successors and assigns. This Declaration of Covenant shall run with the land and be binding upon Grantor(s),and Grantor's(e)successors in interest and assigns. • 8. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City of Renton that is recorded by King County in its real property records. • 5- 1 thisDeclaration of Covenant for the Maintenance and Inspection of IN WITNESS WHEREOF, P Flow Control BMPs is executed this day of -1 a ktn ,20 1-7- GRANTOR,own re of the Property GRANTOR,owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: "Ia � tit)Q ,to me known to be the individual(s)described in and who executed the�tvithin and fordgoing instrument and acknowledged that they signed the same as their free and voluntary act and deed,for the uses and purposes therein stated. Given under my hand and official seal this 0 day of -.I a klk Y ,20 1 . • Printed name 40111011111 Notary Public in and for the State of Washington, 111101410,4141. residing at WA /10g7, 1111111111111 Mslirrrlf t 11 *SIM 1133 164-A c .SW ioz "Jvnw( My appointment expires 1 V/ / 1S • DUVALL PLAT DECLARATION OF COVENANT EXHIBIT A 1. Lots 1-8 of the Duvall Short Plat contain stormwater management flow control BMPs (best management practices). A flow control BMP site plan showing the location of flow control BMP that was constructed on each lot, as part of the individual lot building permit,was submitted to the City for review and approval as part of the City's Building Permit application review and approval process. A copy of the flow control BMP site plan is on file with the City of Renton. The flow control BMPs required for Lots 1-8 of the Duvall Short Plat include the Reduced Impervious Surface ("restricted footprint") BMP and the Perforated Pipe Connection BMP. 2. All the lots in this plat contain a stormwater management flow control BMP (best management practice) known as "restricted footprint,"the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. Common impervious surfaces include, but are not limited to, roof, walkways, patios,driveways, parking lots, or storage areas, areas that are paved, graveled, or made of packed or oiled earthen materials, or other surfaces that similarly impede the natural infiltration of surface and storm water runoff. The total impervious surface allowed per lot may not exceed the square feet as shown in the table below without written approval from the City of Renton or through a future development permit from the City of Renton. Lot Parcel Number Lot Address Maximum Number Impervious Surface Allowed Lot 1 1023059005 1003 Duvall Avenue NE 4,292.6 Lot 2 1023059481 1009 Duvall Avenue NE 3,092.0 . Lot 3' 1'023059482"' " '1015 Duvall Avenue NE 3,094.0 Lot 4 1023059483 10;17 Chelan Place NE 2,925.0 Lot 5 1023059484 1011 Chelan Place NE 2,925.0 Lot 6 1023059485 4608 NE 10th Street 4,095.0 Lot 7 .1023059486 4602 NE 10th Street 4,248.0 Lot 8 1023059487 1018 Chelan Ave NE 3,846.0 3. All lots in this short plat contain a stormwater management flow control BMP (best management practice) known as "perforated pipe connection". The location of the perforated pipe connection on each lot is shown on the flow control BMP site plan that was submitted to the City as part of the individual lot Building Permit application review and approval process. The perforated pipe connection flow control BMP must be maintained by the lot owner and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. The soil over top of the perforated portion of the system must not be compacted or covered with impervious materials. DUVALL PLAT DECLARATION OF COVENANT EXHIBIT B PERFORATED PIPE CONNECTION MAINTENANCE INSTRUCTIONS All lots contain a stormwater management flow control BMP (best management practice) called a "perforated pipe connection,"which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on each lot. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom,designed to "leak" runoff, conveyed by the pipe, into a gravel-filled trench where it can be soaked into the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a ditch or roadway pipe system. The size and composition of the perforated pipe connection as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval from the City of Renton.The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. RESTRICTIVE FOOTPRINT MAINTENANCE INSTRUCTIONS All lots contain a stormwater management flow control BMP (best management practice) known as "restricted footprint,"the practice of restricting the amount of impervious surface that may be added to a property so as to minimize the stormwater runoff impacts caused by impervious surface. The total impervious surface on your property may not exceed the maximum allowed without written approval from the City of Renton.