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HomeMy WebLinkAboutRC 20180801001611Instrument Number: 20180801001611 Document:COV Rec: 5104.00 Page -1 of 6 Record Date:8/1/2018 4:37 PM Electronically Recorded King County, WA 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: Toll Bros., Inc. Grantee: City of Renton, a Washington municipal corporation Legal Description: Lot 10 of the plat of Cedarcroft, King County Recording number 20180111000472. See additional legal on Exhibit C Assessor's Tax Parcel IDth 1472230100 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/auilding/Utiliry 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 a) on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) B 18 0 0 3 717 (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 13 -- 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 6 Instrument Number: 20180801001611 Document:COV Rec: $104.00 Page -2 of 6 Record Date:8/1/2018 4:37 PM King County, WA 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 6 Instrument Number: 20180801001611 Document:COV Rec: 5104.00 Page -3 of 6 Record Date:8/1/2018 4:37 PM King County, WA 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 Toll Bros., Inc, a Pennsylvania corporation By: Brian Wulfestleg A_. Its: Vice President STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: _ rl'arlud- if __ _ 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 a)l 20 Printed name Notary Public in and for the State of Washington, residing at My appointment expires p Page 3 of 6 Instrument Number: 20180801001611 Document:COV Rec: 5104.00 Page -4 of 6 Record Date:8/1/2018 4:37 PM King County, WA 9 rn T r LO O Do Z (n 1 ELE% 372 N00.86'45"E 80.00 EXHI BIT ANOTES ELErcqFrSITE OTHER BMPS IN YATH APPENDIX C OF THE SURFACE WATER 3i 4DES IGN MANUAL MAY BE USED, SHOWN ON THE FLOW CONTROL BNP PLAN ALL INFORMATION REQUIREO ON THE SECTION CORRESPONDING TO THE FLOW X •¢ ^.y CONTROL BMP APPLIED ON THE SITE. SCALE= 1"=20' 41 THE SUBDIVISION THIS LOT IS IN HAS ON—SITE POND FORINFILTRATION AND )NFILLTRATES ALL OF SITE s of �! STORM WATER DISCHARGE. GRAVEL PATH r-- Q j REAR n PATIO io t\ 9,990 S.F. Il JACKSON SHINGLE r GARAGE 1 0 �Q , STORM DRAINAGE ` `CONNECTION E1 NOg+A'37�Fp8 x L6 • b ° 24:2. < ELEV Lk L -24,23' a 37 •e s e 16' DRIVEWAY AT RIGHT OF WAY LEGAL DESCRIPTION LOT 10 OF THE PLAT OF CEOARCROFT IMPERVIOUS AREAS HOUSE/GARAGE/FRONT-2,575 S.F. PORCH/REAR PATIO (UNDER EAVE) 67 DRIVEWAY- 645 S.F. WALKWAY- 114 S.F.. GRAVEL PATH 265 S.F. TOTAL- 3.600 S.F. TOTAL IMPERVIOUS 36% MAX IMPERVIOUS ALLOWED 55% NOTES TAX LOT N0.-1472230100 SITE ADDRESS -14529 161ST AVE CEDARCROFT FLOW CONTROL BMP SITE PLAN 4of6 TOLL WA LP KIRKLAND, WA 98033 X •¢ ^.y n s 4. . Cn • 4 s of �Q , STORM DRAINAGE ` `CONNECTION E1 NOg+A'37�Fp8 x L6 • b ° 24:2. < ELEV Lk L -24,23' a 37 •e s e 16' DRIVEWAY AT RIGHT OF WAY LEGAL DESCRIPTION LOT 10 OF THE PLAT OF CEOARCROFT IMPERVIOUS AREAS HOUSE/GARAGE/FRONT-2,575 S.F. PORCH/REAR PATIO (UNDER EAVE) 67 DRIVEWAY- 645 S.F. WALKWAY- 114 S.F.. GRAVEL PATH 265 S.F. TOTAL- 3.600 S.F. TOTAL IMPERVIOUS 36% MAX IMPERVIOUS ALLOWED 55% NOTES TAX LOT N0.-1472230100 SITE ADDRESS -14529 161ST AVE CEDARCROFT FLOW CONTROL BMP SITE PLAN 4of6 TOLL WA LP KIRKLAND, WA 98033 Instrument Number: 20180801001611 Document:COV Rec: 5104.00 Page -5 of 6 Record Date:8/1/2018 4:37 PM King County, WA EXHIBIT B FLOW CONTROL BMP DESIGN & MAINTENANCE DETAILS Perforated Pipe Your property contains a stormwater management flow control BMP (best management practice) called a "perforated pipe connection," which was installed to reduce the stormwater runoff impacts of some or all of the impervious surface on your property. A perforated pipe connection is a length of drainage conveyance pipe with holes in the bottom, designed to "leak" runoff, conveyed by the pipe, into a gravel filled trench where it can be soaked into the surrounding soil. The connection is intended to provide opportunity for infiltration of any runoff that is being conveyed from an impervious surface (usually a roof) to a local drainage system such as a ditch or roadway pipe system. The size and composition of the perforated pipe connection as depicted by the flow control BMP site pian and design details must be maintained and may not be changed without written approval either from the King County Water and Land Resources Division or through a future development permit from King County, The soil overtop of the perforated portion of the system must not be compacted or covered with impervious materials. PERFORATED PIPE CONNECTION C.2.11.A PLAN 1AEW SECTION VIEW Page 5 of 6 TO ROAD DRAINAGE SYSI£M PERFORATED PIPE CONNECTIM TRENCH NON COMPACTED RANDOM FILL sb FILTER FABRIC �- G' DUI PERF PIPE I-IrZ- . SW WASHED ROCK Instrument Number: 20180801001611 Document:COV Rec: 5104.00 Page-6 of 6 Record Date:8/1/2018 4:37 PM King County, WA EXHIBIT C - LEGAL DESCRIPTION LOT 10, OF THE PLAT OF CEDARCROFT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 281 OF PLATS, PAGES 026 THROUGH 031, RECORDS OF KING COUNTY, WASHINGTON. UNDER RECORDING NUMBER 20180111000472. Page 6 of 6