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HomeMy WebLinkAboutcommented12740-F-AGRT-Declaration of Covenant-DRNG Facilities-2018-09-24 (002)Return Address: City Clerk’s Office City of Renton 1055 S Grady Way Renton, WA 98057 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS Grantor: Grantee: City of Renton, a Washington municipal corporation Legal Description: Assessor's Tax Parcel ID#: IN CONSIDERATION of the approved City of Renton (check one of the following) Residential Building Permit Commercial Building Permit Clearing and Grading Permit Civil Construction or Utility Permit for Permit(s)_____________________ (Construction/Building/Utility Permit #) 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 (“City of Renton” or “City”), a municipal corporation 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 9 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 ") shall at their own cost, operate, maintain, and keep in good repair, the Property's drainage facilities constructed as required in the approved construction plans and specifications __________________ (Project Plan #) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) _____________________________ (Construction/Building/Utility Permit #). The Property's drainage facilities are shown and/or listed on Exhibit A – Site Plan. The Property’s drainage facilities shall be maintained in compliance with the operation and maintenance schedule included and attached herein as Exhibit B – Operations and Maintenance. Drainage facilities include pipes, channels, flow control facilities, water quality facilities, on-site best management practices (BMPs) and other engineered structures designed to manage and/or Page 1 of 20 treat stormwater on the Property. On-site BMPs include dispersion and infiltration devices, bioretention, permeable pavements, rainwater harvesting systems, tree retention credit, reduced impervious surface footprint, vegetated roofs and other measures designed to mimic pre-developed hydrology and minimize 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 the Renton Municipal Code. City of Renton shall provide at least thirty (30) days’ written notice to the Owners that entry on the Property is planned for the inspection of drainage facilities. After the thirty (30) days, the Owners shall allow the City of Renton to enter for the sole purpose of inspecting drainage facilities. 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 drainage facilities 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 (15) days of receiving the City’s notice of inspection. Within thirty (30) days of giving this notice, the Owners, or engineer on behalf of the Owners, shall provide the engineer’s report to the City of Renton. If the report is not provided in a timely manner as specified above, the City of Renton may inspect the drainage facilities without further notice. 3.If City of Renton determines from its inspection, or from an engineer’s report provided in accordance with Paragraph 2, that maintenance, repair, restoration, and/or mitigation work is required to be done to any of the drainage facilities, City of Renton shall notify the Owners of the specific maintenance, repair, restoration, and/or mitigation work (“Work”) required pursuant to the Renton Municipal Code. The City shall also set a reasonable deadline for the Owners to complete the Work, or to provide 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 drainage facilities unless an engineer’s report has been provided verifying completion of the Work. If the Work is not completed within the time frame set by the City, the City may initiate an enforcement action and/or perform the Work and hereby is given access to the Property 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 Work will begin immediately. 4.The Owners shall assume all responsibility for the cost of any Work, or any measures taken by the City to address conditions as described in Paragraph 3. 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 maximum legal rate allowed by RCW 19.52.020 (currently twelve percent (12%)). If the City initiates legal action to enforce this agreement, the prevailing party in such action is entitled to recover reasonable litigation costs and attorney’s fees. 5.The Owners are 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 drainage facilities referenced in this Declaration of Covenant. Page 2 of 20 6.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. 7.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. 8.This Declaration of Covenant is intended to protect the value and desirability and promote efficient and effective management of surface water drainage 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. 9.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 property records. IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of Drainage Facilities is executed this _____ day of ____________________, 20_____. GRANTOR, owner of the Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: , 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 _____ day of ___________________, 20_____. Printed name Notary Public in and for the State of Washington, residing at My appointment expires Page 3 of 20 date to be entered signature & notarized EXHIBIT B 1.0 INTRODUCTION/GENERAL INFORMATION Catch basins are located on the Renton Self Storage site that collect runoff from the project site and route that runoff through conveyance piping to the southwest corner of the site where runoff enters a detention pond which provides flow control for the new land covers on the project site. Level 2 Flow Control is the required means of providing Flow Control for this project. Water quality treatment will be provided in a modular wetland to meet the City of Renton’s Enhanced Basic Water Quality. The release mechanism from the detention pond is a control structure located on the east side of the pond, which has a riser pipe inside of it that releases runoff at a slow rate and tends to back up water in the pond during peak storm events. The release to the downstream drainage course is also through the modular wetland, to the existing wetland onsite. All facilities on the project site should be maintained on a regular basis of at least twice a year at an interval of every six months. Should vegetation become sparse or should it die out, then it should be replaced around the site to match what the design conditions of the site were when the site was initially constructed. The following pages of this report delineate the requirements for flow control, conveyance, and water quality facilities maintenance. Please refer to these documents when performing your maintenance on the project site. Page 5 of 20 OPERATIONS AND MAINTENANCE GENERAL PUMP MAINTENAINCE GUIDELINES The storm water pump(s) shall be inspected per the manufacturer's operation and maintenance manual. Listed below are general maintenance guidelines for storm water pumps. 1) Inspect cables and cable entry for damage and/or leaks 2) Check motor insulation. 3) Check external parts (screws, bolts and nuts are tight) 4) Check seal chamber oil 5) Check impeller for wear or damage 6) Inspect floats and switches and test that the pump(s) are starting and stopping at the set elevations 7) Operate pumps and test the operating release rate(s) to ensure the pump(s) are functioning properly Page 6 of 20 Page 7 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 8 of 20 Page 9 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 10 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 11 of 20 Page 12 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 13 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 14 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 15 of 20 Page 16 of 20APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES Page 17 of 20 Maintenance Procedures Screening Device 1. Remove grate or manhole cover to gain access to the screening device in the Pre- Treatment Chamber. Vault type units do not have screening device. Maintenance can be performed without entry. 2. Remove all pollutants collected by the screening device. Removal can be done manually or with the use of a vacuum truck. The hose of the vacuum truck will not damage the screening device. 3. Screening device can easily be removed from the Pre-Treatment Chamber to gain access to separation chamber and media filters below. Replace grate or manhole cover when completed. Separation Chamber 1. Perform maintenance procedures of screening device listed above before maintaining the separation chamber. 2. With a pressure washer spray down pollutants accumulated on walls and cartridge filters. 3. Vacuum out Separation Chamber and remove all accumulated pollutants. Replace screening device, grate or manhole cover when completed. Cartridge Filters 1. Perform maintenance procedures on screening device and separation chamber before maintaining cartridge filters. 2. Enter separation chamber. 3. Unscrew the two bolts holding the lid on each cartridge filter and remove lid. 4. Remove each of 4 to 8 media cages holding the media in place. 5. Spray down the cartridge filter to remove any accumulated pollutants. 6. Vacuum out old media and accumulated pollutants. 7. Reinstall media cages and fill with new media from manufacturer or outside supplier. Manufacturer will provide specification of media and sources to purchase. 8. Replace the lid and tighten down bolts. Replace screening device, grate or manhole cover when completed. Drain Down Filter 1. Remove hatch or manhole cover over discharge chamber and enter chamber. 2. Unlock and lift drain down filter housing and remove old media block. Replace with new media block. Lower drain down filter housing and lock into place. 3. Exit chamber and replace hatch or manhole cover. Page 18 of 20 Maintenance Notes 1. Following maintenance and/or inspection, it is recommended the maintenance operator prepare a maintenance/inspection record. The record should include any maintenance activities performed, amount and description of debris collected, and condition of the system and its various filter mechanisms. 2. The owner should keep maintenance/inspection record(s) for a minimum of five years from the date of maintenance. These records should be made available to the governing municipality for inspection upon request at any time. 3. Transport all debris, trash, organics and sediments to approved facility for disposal in accordance with local and state requirements. 4. Entry into chambers may require confined space training based on state and local regulations. 5. No fertilizer shall be used in the Biofiltration Chamber. 6. Irrigation should be provided as recommended by manufacturer and/or landscape architect. Amount of irrigation required is dependent on plant species. Some plants may require irrigation. Page 19 of 20 12740.017.doc EXHIBIT C LEGAL DESCRIPTION PARCEL A: THE EAST 230 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON. EXCEPT: THE NORTH 42 FEET THEREOF CONVEYED TO KING COUNTY FOR S. E. 128TH STREET BY DEED RECORDED UNDER RECORDING NUMBER 5849731. PARCEL B: THE EAST 330 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 15, TOWNSHIP 23 NORTH, RANGE 5 EAST, WILLAMETTE MERIDIAN, IN KING COUNTY WASHINGTON. EXCEPT: THE EAST 230 FEET THEREOF. ALSO EXCEPT: THE NORTH 190 FEET THEREOF. Page 20 of 20