Loading...
HomeMy WebLinkAboutRC 20170718000448 Return Address: City Clerk's Office ������,������������������������������� 1� . C�t of Renton +� �����������������������I�������� y L�� / ��� �'U����� 1055 S Grady Way Renton,WA 98057 �a��►�A�t� �ac:�7$.40 Pages.6 ?t18I141?2:2d PINt KING CQtlNTY,YVk DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor:_ jerl �TI1qo �+Pst.� �S��G �rn�pNt� � LLG Grantee: City of Renton Legal Description: 1� S A t�I-�L N DS �G �GC.�fiW�r l�l G 'C�D T1=F(G �'1 T T1�4i? ' r- CGE� � L lV S/DL_ i-4'�j.� � 1'1� Ki i�tt� � l l� , Assessor's Tax Parcel ID#: �,���(p —c�p2�j IN CONSIDERATION of the approved City of Renton � I�p25 t Co permit for application file No.LUA/SWP 13—GYj(5C� 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. Grantar(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 on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) („� (5'p d Z�f` .The property's stormwater facilities and/or best management practices ("BMPs")are shown and/or listed on E�chibit 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 3 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 e�sts 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 ar BMP on the Properly 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 property records. IN WITNESS WHEREOF,this Declaration o�Covenant for the Inspection and Maintenance of Stormwater Facilities and BMPs is executed this �6�����day of a.�j,{,{�� , 20���" N 1 � � GRANT R, owner of the Property ' � /= n �-�____ GRANTOR, owner of the Property Page 2 of 3 Form Approved by City Attorney 10/2013 �(�\i�'�'rrl�G'� STATE OF ) COUNTY OF�F- )ss. U�-��,ge. On this day personally appeared before me: �Yl TV� �.� ,to me known to be the individual�escribed 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��Q�ay of _��1� ,20 \�- . h' �2. o��_____�,_ Printed nam C�C��rti'���t� �. BRITTNEY KLAGGE Notary Public in and for the State of i#as}�er�; :�������`; Notary Pubiic - Califomia Q :�� :. z residing at z : Y� Riverside County z z Commission # 2110040 D My Comm.Expires May 29,2019 ��� � ��Zr� �.-utl(,�1 My appointment expires_��..��,�'1 `r�'(.?l� Page 3 of 3 Form Approved by City Attomey 10/2013 EXHIBIT A z , � � � _ � N � � m 10 F. _,P�RF. PhP PRtvATE• � �+ CONNECTION 7YPiCA1. ` �� t' lJt�ittEO iNFIJTRATft}N , � [YPiCAl. EACH L4T I ,; �,Ot 1 4L.F.A t2' N-1 = .i_ �, O� 3 ti RRNATE DW11t�ilYGE r �50+33.0.�3.5' lT. �-��T �,0� k ---�_e�rc_��.� — ----- — — -- —��F'—�`---- — —�wznrA�E — — — -- — — NEWPORT COURT NE :. RIVATE ACCESS � rr Exhibit"B" Maintenance Requirements Maintenance needs vary from site to site based on the type of land use activity, implementation of source controls, and weather conditions. The StormFilter shall be inspected quarterly or at a frequency recommended by the supplier. Inspection and maintenance shall include the following: 1. The operation and maintenance instructions from the manufacturer shall be kept along with an inspection and maintenance log. The maintenance log shall be available for review by City of Renton inspectors. 2. Routine maintenance shall include inspecting for debris, vegetation, and sediment accumulation, flushing the underdrain, and removing or replacing media. 3. Maintenance is required when 1/4 inch of sediment has accumulatedon top of the cartridge hood, or 2 inches of sediment have accumulated on the floor. If the cartridges are in standing water more than 12 hours after rainfall has occurred, maintenance is required. The inspector should make sure that the cartridges are not submerged due to backwater conditions caused by high groundwater, plugged pipes, or high hydraulic grade lines. 4. CSF (leaf compost) media used for Enhanced Basic or Spagnum Bog Protection treatment should be replaced according to the sediment recommendations above or at a minimum of every two years. 5. Media shall be disposed of in accordance with applicable regulations, including the Seattle-King County Department of Public Health solid waste regulations (Title 10) and state dangerous waste regulations (WAC 173-303). In most cases, the media may be disposed of as solid waste. Storm Filter Conditions: 1. The Homeowner's Association or Facility Owner(s) shall enter into a service contract with an approved contractor or StormFilter0 representative for the long term maintenance of the system located on private property to be maintained by the Homeowners Association or Facility Owners. 2. The ZPG media StormFilter0 systems are designed to treat 35 percent of the developed two-year peak flow rate for all the impervious areas to be constructed (including the building). 3. Facility inspection, maintenance, and reporting are required by the City of Renton Surface Water Utility for the Property Owner maintained StormFilter0 in perpetuity. The facility inspection, maintenance and reporting is required per the Ecology National Pollutant Discharge Elimination System Phase II Municipal Storm water Permit (Section SS.C.4.c.iii). Facility owners are responsible for ensuring that storm water facilities are properly maintained and functioning as designed and permitted. The StormFilter0 facility shall be inspected every six months by the supplier during the first year of operation as offered with the purchase of the StormFilter0 systems. Inspections will be used to determine the site-specific maintenance schedules and requirements. Maintenance procedures should follow those given in the most recent version of the StormFilter0 Operation and Maintenance Manual. During the first year of operation of the facility, written records of the inspections and maintenance shall be submitted to the City of Renton Surface Water Utility Private Storm water Inspection Program. 4. Following the first year of operation, the facility owner(s) shall annually have the StormFilter0 inspected and maintained per the procedures in the most recent version of the StormFilter0 Operation and Maintenance Manual. Written records of the inspection and maintenance shall be submitted to the City of Renton Surface Water Utility, to the attention of Surface Water Utility Private Storm water Facility Inspection Program. If more frequent inspection and maintenance of the StormFilter0 is required by the manufacturer or is needed to ensure performance of the facility, then the additional inspection and maintenance reports completed within the year shall be provided with the annual report. 5. Written records of the inspection and maintenance shall be submitted to the City of Renton Surface Water Utility, to the attention of Surface Water Utility Private Stormwater Facility Inspection Program. Inspection reports will be used to determine future site-specific maintenance schedules and requirements. 6. A letter signed by the Homeowner's Association or property owner(s) agreeing to the required inspection and maintenance schedule is required as a condition of granting this adjustment. The letter is to make the property owner(s) aware of the possible increase in the cost of maintenance, inspection, and replacement of cartridges that may result from placing the filtration system without presetting. The letter shall be submitted to the City prior to construction permit approval.