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Home My WebLink AboutRC 20140612000389 Return Address: City Clerk's Office City of Renton 1055 S Grady Way 01 01 I II 0111 II I 010 011 I I Renton,WA 98057 20140612000389 CITY OF RENTON COV 75.00 PAGE-001 OF 004 06/12/2014 11:55 KING COUNTY, WA DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor: I V C. (2 E-r4 To n! C 0 WI L. L. �,• Grantee: City of Renton Legal Description: A I 1__A(1.1 ED Assessor's Tax Parcel ID#: 2 q 2.3 US- q 125 IN CONSIDERATION of the approved City of Renton 14 2.3 U O 2 I (o I permit for application file No.LUA/SWP 13 0 4 0 0 5 1 relating to the real property("Property") described above,the Grantor(s),the owner(s)in fee of that Property,hereby covenants(covenant)with the City of 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 10 below with regard to the Property,and hereby grants(grant) an easement as described in Paragraphs 2 and 3. Grantor(s)hereby grants(grant),covenants(covenant),and agrees(agree)as follows: 1. The Grantor(s)or his/her(their)successors in interest and assigns("Owners of the described property")shall at their own cost,operate,maintain,and keep in good repair,the Property's stormwater facilities and/or best management practices("BMPs") constructed as required in the approved construction plans and specifications 3 7 U on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) C 0/4SrKtI GTI Onl Pi 041 T.The property's stormwater facilities and/or best management practices("BMPs")are shown and/or listed on Exhibit A.The property's stormwater facilities and/or BMPs shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B. Stormwater facilities include pipes,swales,tanks,vaults,ponds,and other engineered structures designed to manage and/or treat stormwater on the Property. Stormwater BMPs include dispersion and infiltration devices,native vegetated areas,permeable pavements,vegetated roofs,rainwater harvesting systems,reduced impervious surface coverage,and other measures designed to reduce the amount of stormwater runoff on the • Property. 2. City of Renton shall have the right to ingress and egress over those portions of the Property necessary to perform inspections of the stormwater facilities and BMPs and conduct maintenance activities specified in this Declaration of Covenant and in accordance with RMC 4-6-030. 3. If City of Renton determines that maintenance or repair work is required to be done to any of the stormwater facilities or BMPs,City of Renton shall give notice of the specific maintenance and/or repair work required pursuant to RMC 4-6-030. The City shall also set a reasonable time in which such Page 1 of 2'H Form Approved by City Attorney 10/2013 ' work is to be completed by the Owners. If the above required maintenance or repair is not completed within the time set by the City,the City may perform the required maintenance or repair,and hereby is given access to the Property,subject to the exclusion in Paragraph 2 above,for such purposes. Written notice will be sent to the Owners stating the City's intention to perform such work. This work will not commence until at least seven(7)days after such notice is mailed. If,within the sole discretion of the City,there exists an imminent or present danger,the seven(7)day notice period will be waived and maintenance and/or repair work will begin immediately. 4. If at any time the City of Renton reasonably determines that a stormwater facility or BMP on the Property creates any of the hazardous conditions listed in RMC 4-4-060 G or relevant municipal successor's codes as applicable and herein incorporated by reference,the City may take measures specified therein. 5. The Owners shall assume all responsibility for the cost of any maintenance or repair work completed by the City as described in Paragraph 3 or any measures taken by the City to address hazardous conditions as described in Paragraph 4. Such responsibility shall include reimbursement to the City within thirty(30)days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate as liquidated damages. If legal action ensues,the prevailing party is entitled to recover reasonable litigation costs and attorney's fees. 6. The Owners are hereby required to obtain written approval from City of Renton prior to filling,piping,cutting,or removing vegetation(except in routine landscape maintenance)in open vegetated stormwater facilities(such as swales,channels,ditches,ponds,etc.),or performing any alterations or modifications to the stormwater facilities and BMPs referenced in this Declaration of Covenant. 7. Any notice or consent required to be given or otherwise provided for by the provisions of this Agreement shall be effective upon personal delivery,or three(3)days after mailing by Certified Mail, return receipt requested. 8. With regard to the matters addressed herein,this agreement constitutes the entire agreement between the parties,and supersedes all prior discussions,negotiations,and all agreements whatsoever whether oral or written. 9. This Declaration of Covenant is intended to protect the value and desirability of the real property described above,and 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(s')successors in interest,and assigns. 10. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City that is recorded by King County in its real prope• r-cords. IN WITNESS WHEREOF,this Declaration of Covenant fo- t Inspection and Maintenance of Stormwater Facilities and BMPs is executed this .9"day of (,( `r, ,20 I '4 . ��' GRAN ��iswner of the Property GRANTOR,owner of the Property Page 2 of)'1 Form Approved by City Attorney 10/2013 • M 1CMtGq.,•l STATE OF WAISI'IIWGTf N ) COUNTY OF LANG )ss. 6Ri4R.19 On this day personally appeared before me: t 70.1 S I CLL ,to me known to be the individual(s)described in and who executed the within and foregoing 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 tL"day of J U 4E: ,20 11' . 411 Pcited name c in and for the State of„<,-,61)24,4/44,,„ CYNTHIA MARIE HAASding at I Notary Public-Michigan Oakland County Commission Expires Aug 15,2020 c,ng m the County-of [e My appointment expires S-.2 Page 3 of)`I Form Approved by City Attorney 10/2013 'LEGAL DESCRIPTION THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 23 NORTH. RANGE 5 EAST, W.M.. KING COUNTY. WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTH QUARTER CORNER OF SAID SECTION; THENCE SOUTH 86'48'01'WEST ALONG THE SOUTH LINE OF SAID SECTION, 368.01 FEET; THENCE NORTH 0311'59'WEST, 50.00 FEET TO THE NORTHERLY MARGIN OF SAID SE 176TH STREET. THE TRUE POINT OF BEGINNING AND A POINT ON A NON-TANGENT CURVE FROM WHICH THE CENTER BEARS NORTH 0311'59'%EST, 308.17 FEET DISTANT; THENCE WESTERLY ALONG SAID NORTHERLY MARGIN ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 0952'14'AND AN ARC LENGTH OF 51.30 FEET; THENCE NORTH 01'4316'EAST 199.25 FEET; THENCE ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET, A CENTRAL ANGLE OF 24'59'11' AND AN ARC LENGTH OF 10.90 FEET; THENCE NORTH 01'43'16`EAST, 204.04 FEET, MORE OR LESS, TO THE SOUTHERLY MARGIN OF SE 174TH STREET, AS CONVEYED TO KING COUNTY BY INSTRUMENT RECORDED UNDER RECORDING N0: 1598785; THENCE SOUTH 78'51'09'EAST, 303.40 FEET. MORE OR LESS. TO THE WESTERLY MARGIN OF SR 515. AS CONVEYED TO THE STATE OF.WASHINGTON BY INSTRUMENT RECORDED UNDER RECORDING NO. 741031-0279 AND A POINT ON A NON-TANGENT CURVE FROM WHICH THE CENTER BEAR SOUTH 65'04'12' WEST, 755 FEET DISTANT; THENCE ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 20'02'47'AND AN ARC LENGTH OF 264.15 FEET; - THENCE SOUTH 4721'02'WEST, 21.60 FEET TO THE NORTHERLY MARGIN OF SE 176TH STREET, AS CONVEYED TO KING COUNTY BY INSTRUMENT RECORDED UNDER RECORDING NO. 5284856; THENCE SOUTH 86'48'01'WEST. 308.01 FEET TO THE TRUE POINT OF BEGINNING. (MORE COMMONLY KNOWN AS LOT A, KING COUNTY BOUNDARY LINE.ADJUSTMENT NUMBER S91L0069, RECORDED UNDER RECORDING NUMBER 9104261602, IN KING COUNTY, WASHINGTON) y oFy