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HomeMy WebLinkAboutL_Drainage Covenant_180221_FReturn 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: Renton Special Care Community, LLC Grantee: Citv of Renton. a Washington muniripal rnrnnrntinn Legal Description: AKER'S FARMS NO 5 LOT 14 AND S HALF OF LOT 15 BLK 28 CO LOT LINE ELIMINATION NO LUA17-000387-LC RECORDING NO 2017072701 Assessor's Tax Parcel ID#: 008700-0293 IN CONSIDERATION of the approved City of Renton (check one ofthefollowing) ❑ Residential Building Permit Commercial Building Permit Clearing and Grading Permit © Civil Construction or Utility Permit for Permit(s) 17002683 (construction/Building/Utility permit#)relatingto 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 17-000057 (Project Plan #) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) 17002683 (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 Pagel of 5 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 (1S) 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 5 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 DeclaratkM of Covenant for the Inspecti Drainage Facilities is executed this day of 'r' -(1 '+ 1 GITANTOR, owner ofthe Property GRANTOR, owner of the Property STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: on and Maintenance of 2019 . )) i Am (q�bpp— )k1 , 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, forthe uses and purposes therein stated. l Given under my hand and official seal this l �b day of 20—L2 —. `o\r�a°TAR<�'' i i � 4 AOB1. ///IIIVV 6\- O� / ok _ I �S e11�I Printed name Notary Public in and for the State of Washington, residing at (�',Viix- My appointment expires Y, Il 11 Page 3 of 5 EXHIBIT A - ON -SITE BMP SITE PLAN TOTAL LOT SITE AREA 61 150 SF 1.40 AC PERMIT 17002683 ADDRESS: 17033 108TH AVE SE RENTON WA 98055 PARCEL UMBER: 0087000285 0087000293 NEW REPLACED IMPERV. AREA 43 072 SF DISTURBED AR 87 170 SF ON —SITE BMP S USED: PERMEABLE PAVEMENT LEGEND SCALE: 1" = 60' 12" 0 STORM PIPE g' DRAIN PIPE 0 60' 120' ---- PROPERTY LINE APPLICANT: RENTON SPECIAL CAR COMMUNITY, LLC 2731 77TH AVE SE, SUITE 203 - R/W (� MERCER ISLAND, WASHINGTON 98040 - - - - - - - CONTOUR (206) 778-4725 SECTION/TOWNSHIP/RANGE: 29-23-5 PERVIOUS PAVEMENT TOTAL SITE ACREAGE: 1.40 AC o TYPE 1 CB OPEN GRATE TOTAL IMPERVIOUS AREA 43,072 SF o TYPE 1 CB SOLID LID TOTAL PERVIOUS PVMT AREA: 18,078 SF BUILDING SETBACKS: O TYPE 2 CB OPEN GRATE FRONT: 15' ® TYPE 2 CB SOLID LID REAR: 10' ® DOWN SPOUT SIDE: 4' SIDE (ROAD): 15' o YARD DRAIN 99*0 DETENTION PIPE, TYP DRIVE AREA A KN I RI'ING ARKI G I - 1 II I I COTTAGE A I d 2.825 SF COTTAGE R i w 4,827 SF 1 e CONCRETE C TYARD w II al 00 i I MODULAR WETLAND l N corracE c COTTAGE D 4,827 SF \\ 4,827 SF % j / SE 172ND ST__ _ _. _ - � I Page 4 of 5 EXHIBIT B - OPERATION AND MAINTENANCE MAINTENANCE INSTRUCTIONS FOR PERMEABLE PAVEMENT (NON -VEGETATED) Your property contains an on -site BMP (best management practice) called `permeablepavement," which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep through the pavement into a free -draining gravel or sand bed, where it can be infiltrated into the ground. This on -site BMP shall be maintained per Appendix A of the City of Renton's Surface Water Design Manual. Permeable Pavements The type(s) of permeable pavement used on your property is (CHECK THE BOX(ES) THAT APPLY): ❑ Porous concrete ® Porous asphalt ❑ Permeable pavers ❑ Modular grid pavement MAINTENANCE RESTRICTIONS The area covered by permeable pavement as depicted by the site plan and design details must be maintained as permeable pavement and may not be changed without written approval from the City of Renton or through a future development permit from the City of Renton. INSPECTION FREQUENCY AND MAINTENANCE GUIDELINES • Permeable pavements must be inspected after one major storm each year to make sure it is working properly. More frequent inspection is recommended. • Prolonged ponding or standing water on the pavement surface is a sign that the system is defective and may need to be replaced. If this occurs, contact the pavement installer or the City of Renton for further instructions. • A typical permeable pavement system has a life expectancy of approximately 25 years. To help extend the useful life of the system, the surface of the permeable pavement should be kept clean, stable and free of leaves, debris, and sediment through regular sweeping or vacuum sweeping. Aggregate fill in modular grid pavement may need periodic surface replenishment. • The owner is responsible for the repair of all ruts, deformation, and/or broken paving grids or pavers. • Modular grid pavement and permeable pavers filled with gravel or with gravel in the joints may need to be refilled periodically. Page 5 of 5