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Home My WebLink Aboutitem4 DECLARATION OF STORMWATER FACILITY 17162D001-DRNG-TREE RETN Covenant-2017-09-25 MAINTENANCE COVENANT – Page 1 Return Address: Terrance Randall Wilson Wilson Law Group of Washington P.O. Box 158 Kent, WA 98035 (206) 805-6238 Please print or type information WASHINGTON STATE RECORDER’S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): Declaration of Storm Drainage and Tree Maintenance and Repair Covenant Reference Number(s) of Document(s) Assigned or Released: Grantor(s): 1. Virtuoso Ventures 6, LLC 2. 3. Grantee(s): 1. City of Renton 2. 3. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range): The North half of Lot 6, Block 4, of Aker’s Farm No. 6, as per plat recorded in Volume 42 of Plats, Page 15, Records of King County. Additional legal is on page 2 of document. Assessor's Property Tax Parcel/Account Number(s): Not yet assigned 008800-0280 The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. DECLARATION OF STORMWATER FACILITY 17162D001-DRNG-TREE RETN Covenant-2017-09-25 MAINTENANCE COVENANT – Page 2 Declaration of Storm Drainage and Tree Maintenance and Repair Covenant IN CONSIDERATION OF THE City of Renton (“City”) approval for: City of Renton Short Plat Number LUA-14-001083-SHPL-A/LUA001284/LND-20-0609; located at __16204 114th Ave SE____ relating to real property legally described as follows: The North half of Lot 6, Block 4, of Aker’s Farm No. 6, as per plat recorded in Volume 42 of Plats, Page 15, Records of King County. The undersigned Grantor(s) declares that the above-described property (“Property”) is subject to an approved privately maintained stormwater drainage, detention, and/or stormwater treatment system (the “Stormwater Facilities”), as well as approved Tree Retention and Maintenance requirements (the “Tree Requirements”) and also covenants and agrees as follows: DUTIES OF GRANTOR(S): 1. Grantor(s) shall regularly inspect and maintain/repair the private Stormwater Facilities and Trees on the Property in accordance with the standards specified in the approved Civil Engineering Plans under City of Renton Nu mber U15006542 (the “Civil Plans”) on file with the City pursuant to City Codes as now collectively enacted or hereafter amended, which are incorporated by this reference as if fully set forth herein. 2. Grantor(s) shall inspect the Stormwater Facilities and Trees as often as conditions require, but in any event at least once each year. Grantor(s) shall, within four weeks after each inspection, maintain/repair the Stormwater Facilities and/or Trees as required by City Code and in accordance with the Civil Plans. 3. Grantor(s) shall inspect each element of the Stormwater Facilities and Trees whenever the City’s authorized staff member, in his/her sole discretion, determines that unacceptable conditions exist within or adjoining to the Stormwater Facilities and/or Tree Requirements. Similarly, the City’s authorized staff member, in his/her sole discretion, may require the Grantor(s) to complete the maintenance/repair of the Stormwater Facilities and Tree Requirements within a shorter time period than allowed in Section 2, above. DECLARATION OF STORMWATER FACILITY 17162D001-DRNG-TREE RETN Covenant-2017-09-25 MAINTENANCE COVENANT – Page 3 4. Grantor(s), in effecting this maintenance/repair, shall restore the Stormwater Facilities and Tree Requirements to an acceptable condition to comport with the Civil Plans, City Code, or otherwise directed by the City’s authorized staff member. 5. Grantor(s) is hereby required to obtain written approval from the City prior to grading, filling, piping, cutting or removing vegetation (except for routine and minor landscape maintenance) in open vegetated drainage facilities (such as biofiltration swales, channels, ditches, ponds, etc.) or performing any alterations or modifications to the Stormwater Facilities or Tree Requirements. In such event, Grantor(s) shall obtain all necessary permits and provide all required plans and reports as required by City Code and state and federal laws. 6. Grantor(s) is hereby required to keep the Stormwater Facilities free from all debris, including preventing materials stored outside from leaking, spilling, or being dumped in the stormwater system, or that may collect on top of, or in, roof downspout infiltration systems, yard drains with overflow, or any dry well, grated drain cover, catch basin or infiltration system, if any, located with in privately owned lots that are part of the overall Stormwater Facilities located within the development. 7. Grantor(s) shall assume all responsibility for the implementation and cost of any maintenance and/or repairs to the Stormwater Facilities and Tree Requirements. 8. Upon recording of the Short Plat described herein, the owner of Lot 4, over which the Stormwater Facilities are located, shall be deemed the “Designated Owner” for purposes of coordination, maintenance, repair, and notice as each relates to the covenant terms contained herein. 9. Each owner of a lot within the recorded Short Plat except the Designated Owner shall be responsible for a pro-rata 1/4th share of the cost of any maintenance or repair of the Stormwater Facilities. Each owner of a lot within the recorded Short Plat is solely responsible for the cost of any maintenance or repair of the Tree Requirements as they may be located on each owner’s respective lot. 10. Within 30 calendar days of the Designated Owner providing copies of the invoice(s) for any maintenance and/or repair of the Stormwater Facilities as described herein, the remaining lot owners shall submit their pro rata share (1/4th) payment to the Designated Owner. The Designated Owner shall forward all payments to the person(s) or entit(y)(ies) which provided the maintenance and/or repair service. 11. If any lot owner fails to provide their pro rata share payment within 30 calendar days, the Designated Owner may cause a lien to be recorded against that lot owner's parcel in the amount of payment due plus any interest, late fees, and/or costs incurred by the Designated Owner in recording the lien. DECLARATION OF STORMWATER FACILITY 17162D001-DRNG-TREE RETN Covenant-2017-09-25 MAINTENANCE COVENANT – Page 4 12. The Designated Owner should keep a record book of maintenance and/or repair of the Stormwater Facilities as described herein, of payments made to those who performed the maintenance and/or repair services, and of the pro rata payments made by the lot owners. 13. Upon written agreement by a simple majority vote of the lot owners within the Short Plat, the Designated Owner may be changed to the owner of any lot within the Short Plat, provided that such owner accepts appointment as the Designated Owner. Such written agreement and acceptance of appointment shall be recorded in the records of King County, Washington. All lot owners (including the current Designated Owner) shall be given the opportunity to vote, and if they choose not to vote (by not appearing at the designated voting time or by not returning a written ballot by the due date noted), a simple majority of those lot owners who do choose to vote shall be sufficient to establish a new Designated Owner. RIGHTS OF THE CITY: 1. The City shall have ingress and egress rights to the Property for inspection and monitoring of the Stormwater Facilities and Tree Requirements in order to determine that performance, operational flows, and/or absence of defects in the Stormwater Facilities and Tree Requirements, are in accordance with City Code. 2. If the City determines that, pursuant to the Civil Plans and City Code, the Stormwater Facilities or Tree Requirements require maintenance and/or repair work, the City shall deliver written notice to the Grantor specifically describing the required maintenance and/or repair. The notice shall also set a reasonable time in which Grantor must complete the described work. The notice shall also state that the City or its authorized agent may perform the authorized maintenance and/or repair if the Grantor(s) fails to complete the maintenance and/or repair within the time allowed. 3. If the Grantor(s) does not complete the required maintenance and/or repair within the time allowed as set forth in the City’s notice, the City or its authorized agent will not commence the maintenance and/or repair work described in the City’s notice until at least seven (7) calendar days after the expiration of the time allotted to Grantor to make the maintenance and/or repair. However, if the City determines, at its sole discretion, that an imminent danger exists, the City’s obligation to provide written notice shall be deemed waived, and the City or its authorized agent may immediately begin the required maintenance and/or repair work. DECLARATION OF STORMWATER FACILITY 17162D001-DRNG-TREE RETN Covenant-2017-09-25 MAINTENANCE COVENANT – Page 5 4. If the City or its authorized agent performs the required maintenance and/or repairs to the Stormwater Facilities or Tree Requirements, Grantor(s) shall reimburse the City all its costs incurred in completing the maintenance and/or repairs within thirty (30) calendar days of Grantor’s receipt of the City’s invoice for that work, accompanied by supporting evidence of the costs being billed. Overdue payments shall accrue interest at the rate of twelve percent (12%) per annum. Any notice or consent required to be given or otherwise provided for by the provisions of this agreement shall be effective either upon personal delivery or three (3) calendar days after mailing by Certified Mail, return receipt requested. This Covenant is intended to protect the value and desirability of the property described above, including the larger parcel(s), if any, benefited by the Stormwater Facilities. Further, this Covenant shall be a covenant running with the land forever and be binding upon the Grantor, its heirs, successors and assigns. GRANTOR VIRTUOSO VENTURES 6, LLC, a Washington limited liability company (Print Name) (Sign) (Date) (Its) DECLARATION OF STORMWATER FACILITY 17162D001-DRNG-TREE RETN Covenant-2017-09-25 MAINTENANCE COVENANT – Page 6 STATE OF WASHINGTON ) ) ss. COUNTY OF KING ) On this day of , 20____, before me a Notary Public in and for the State of Washington, personally appeared to me known to be the ______________________ of Virtuoso Ventures 6, LLC, a Washington limited liability company, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said company, for the uses and purposes mentioned in this instrument, and on oath stated that he/she was authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. (Printed Name) NOTARY PUBLIC, in and for the State of Washington, residing at My appointment expires