Loading...
HomeMy WebLinkAboutRC 20180911001278Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-1 of 7 Record Date:9/11/2018 3:17 PM Electronically Recorded King County, WA Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton, WA 98057 DE CLARATION OF COVENANT FOR INSPECTIONAND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor: IFonnell Family LLC Grantee: City of Renton Legal Description: LOT 3 CITY OF ItLi�TON ip'T LINE ADJUSTMENT NO LUA 15-000237 (BONNELL FAMILY LLC; _ LOTLINE, ADJUSTMENT) RECORDING NO 20151006900005 (BEING A PORTION OF NE QTR NON Q I R STR 19-23-05) Assessor's Tax Marcel. III#: 1923059I04 � _ _ IN CONSIDERATION of the approved City of Renton Dutch Bros. Drive-Thru Coffee Standpermit for application file No. LUA/SWP______.._-.. .. _—_. 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 l through 10 below with regard to the Property, and hereby grants(grant) an easement as described in Paragraphs 2 and 3. Grantor(s) hereby grants(grant), coven ants(covet ian:t), 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 Denton and submitted to the City of Renton for the review and approval of permits).. B15007950 _ The property's storrawater facilities and/or best management practices ("BMPs") are shown and/or listed on Exhibit 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. St:orrnwater :facilities include pipes, swales, tanks, vaults, ponds, and other engineered structures designed to manage and/or treat stormwater water on the Property. Storinwater 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 storrnwater 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 tune in which such Page I of 3 F^orni Approved by City Attorney 10/2013 Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-2 of 7 Record Date:9/11/2018 3:17 PM King County, WA 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 corninence until at least seven (7) days after such notice is Trialled. 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 maintenance and/or repair work will begin immediately. 4. If at any time the City of Renton reasonably determines that a stormwater facility or BMP on the Property creates any of the hazardous conditions listed in RM(..4-4-060 G or relevant municipal successor's codes as applicable and herein incorporated by reference, the City may take measures specified therein. S. 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 attomey'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) ntenance) in open vegetated stormwateT facilities (such as swales, channels, ditches, ponds, etc.), or performing any alterations or modifications to the storrnwater 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 .1 Agreement shall. be effective upon personal delivery, or three (3) days after mailing by Certified Mail, return receipt requested. 8. With regard to the matter's 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 WJTNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of Stormwater Facilities and BMPs is executed this Z!L/xN, day of' e 20 14 A, / GXANTOR, owner of the Property GRANTOR, owner of the Property Page 2 of 3 Form Approved by City Attomey 10/2013 Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-3 of 7 Record Date:9/11/2018 3:17 PM King County, WA COUNTY 0FK.1NG )SS' On this day personally appeared before me: '. ,_ _.___ __... _._ ..._ .__., to me ]mown to be the individuals described in and who executed the wit .-n 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 L day of a A9u Printed name , Notary Public in and for the State of Washington, tq;at2l'Y G'Ubhc residing at Broth G;" "tAjjshirigtc^r� My Appointrne nt Exp rep Oct 8, 2018 My appointzxaent expires .w.._ _ . _ _ ------ Page 3 of 3 Form Approved by City Attorney 10/2013 Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-4 of 7 Record Date:9/11/2018 3:17 PM King County, WA CY Ln ilI-J cr CL rD 'J z L) I < w< U 10"3 C) w 0 C) ci U U) CC C> CD V) Uj IIII ti 57< mlmmffmrmmmkwlmm owl_ w w w z CO M 0 ��v w UT en Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-5 of 7 Record Date:9/11/2018 3:17 PM King County, WA The owner or operator of the project shall be responsible for maintaining the stormwater facilities in accordance with local requirements. Proper maintenance is important for adequate functioning of the storrnwater facilities. The following maintenance program is recommended for this project: APPENDIX A 1V9A('NTFNANcFw REQUIREMENTS FOR S'i3OW CONTROL, CONVEYANCE, AND WQ FAC:ILITIES . 5 — CATCH BASINSAND IOL. Maintenance Defect O Problern Condition When Maintenance Is Needed Results Expected When Component Maintenance is Performed structure Sediment Sediment exceeds 60% of the depth from the Sump of catch basin contains no bottom of the catch basin to the invest of the sediment. lowest pipe into or out of the catch basin or Is within 6 inches of the Invert of the lowest pipe Inn or out of the catch hasin, Trash and debris Trash or debris of more then % cubic foot which No Trash or debris blocking or is located irnsnediately in front of the catch lasin potentially blockeng erntsanca to opening or is blacking capacity of the catch basin catch basin, by more than t 0%. Trash or debris in the catch basin that exceeds No trash or debris in the catch basin 'f:, the depth from the bottom of basin to invert the lowest pipe into or out of the basin. Bead animals or vegetation that could generate No dead animals or vegetation odors that could cause complaints or dangerous present within catch basin. gases (e.g., meihane). Deposits of garbage exceeding I cubic foot in No emid➢ ion present which would volume. attract or support the breeding of insects or rodents.. Damage to frame Cosner of frame extends more than % inch past Frame is even with curb. and/or top slab curb face into the street (if applicable). ...... .__.... Top slab has holes larger than 2 square inches or Top slab is free of holes and cracks. cracks wider than '/, inch, Frame hot sitting flush on tap slab, i.a. __.__... Frame is sitting flush can top .slate, separation of more than '1 inch of the frame from➢ the top slab. Cracks in walls or Cracks wider than r. inch and longer than 3 feat„ Catch basin Is sealed and bottom any evidence of soil particles entering catch structurally sound. basin through cracks, or maintenance person judges that catch basin Is unsound. Cracks wider than ! inch and linger than I foot ._..---._......_....____.._... No cracks more than % leach wide at at the joint of any iniet/outtet pipe ar any evidence the joint of arlet?outfet pipe, of soot particles entering catch basin through _. cracks. Settlement/ Catch basin has settled more than 1 Inch or has Basin replaced or repaired to designY misalignment rotated more than 2 inches out of alignment. standards. Damaged pique joints Cracks wider than P inch at the joint of the No cracks more than %-inch wade at inletloutiet pipes or any evidence of soil entering the Joint of InleUoutlat pipes, the catch basin at the joint of the inledoutlet pipes. Contaminants and Any evidence of contaminants or pollution such Materials removed and disposed of pollution as rail, gasoline, concrete Slurries or paint. according to applicable regulations. Source contrail BMPs implemented if appropriate, No contaminants present other than a surface oil Solna. InleliCti0et Pjpe Sediment Sediment filling 20% or snore of the pipe. mleUoutlet pipes clear of sediment, accumulation Trash and debris Trash and debris accumulated in inletloutlet No trash or debris in pipes. pipes (includes Roatabies and non-fGoatables),. Damaged Cracks wider than l-inch at the joint of the No cracks more than "%Anch wide at inbUoutlet pipes or any evidence of soil entering the joint of the inledoutiet pipe. at the joints of the inletioutlet pipes. 2009 Surface Venter Design Manuat ..._ Appendix A J/9/2009 A-9 Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-6 of 7 Record Date:9/11/2018 3:17 PM King County, WA APPENDIX A MAINTENANCE REQUIREMENTS FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES 5 -- CATCH BASINS AND MANHOLES Maintenance Clefeet Rec presblern Condition When Mairnernance is Needed Results Expected When Component Maintenance is Perforoted Metal Grates Unsafe grate opening Grade with opening v0do r than 'Is inoh. Grate opening nerets design (Catch Basins) standards. Trash and debris Trash and debris that is blocking more than 20% Grate free of trash and debris, of grate surface. footnote to guidelines for disposal Damaged or missing Grate missing or broken member(s) of the agate. Grate is in place and meets design y opera structure requires urgent standards, Maintenance, Manhole Cover/Lid Cover/lid not in place Covertlid is missing or only partially In place. Cover/lid protects opening to Any open structure requires urgent Structure. malintenance. Lacking mechanism Mechanism cannot be opened by one Mechanised opens with proper tools, Not Working maintenance person with proper reels- Solis cannot be srs ated. Self -larking caraver/#id does not wo," Cov'r,id diinC alR Co One maintenance person cannot remove CoveriRd can be removed and RernRaere cover/lid after applying 80 lies. of fift. reinstalled by one maintenance Person, 1/9/2009 2009 Surface Water Design Manual Appendix A A-i!? Instrument Number: 20180911001278 Document:COV Rec: $105.00 Page-7 of 7 Record Date:9/11/2018 3:17 PM King County, WA APPENDIX A MAINTENANCE REQUIREMENTS FOR. FLOW CCb7`d`i'FiOL, CONNVFYANCT, AND WQ FA.CIIA-riES O. 6 — CONVEYANCE PIPES AND DITCHES Maintenance Defect or Problems C ondithans When Maintenance is Needed Results Extracted When Component Maintenance is Performed Pipes Sediment & debris Accumulated sediment or debris that exceeds Water flows freely through pillms. accumulation 20 of the diameter of the pipe. Vegetationfroots Vegetation/roots that reduce free mr wernent of Water flows freely through pipes, ._ water through pipes, Contaminants and Any evidence of ccntarninwrts or pollution such Materials removed and disposed of pontuion as oil, gas6me, concrete slurnes or paint. according to applicable regulations. Source control [3MPS implemented if apprapritate. No contaminants _..._____......_......_._......- _...... _... present other than a surface cif l�Prn. Carnage to protective _.._.__ _..__ Protective coating is damaged; mast or corrosion .� __. _ _._ ._.. _ pipe repaired or replaced. coating or corrosion is weakening the stn.ectural Integrity of any part of pipe. Caarrraged Any dent that decreases the cross section area of Pipe repaired err replaced. pipe by more than 20 % or is determined to have ... ...... .._...... weakened structural integrity of the pipe.. Ditches Trash and debris _ Trash and debris exceeds 1 cubic foot per 1,000 Trash and debris cleared train square feet of ditch and slopes, ditches. ..4. editnent Accumulated sediment that eyceeds 20 % of the Ditch deaned1flusl' ed of all sedir ent accumulation _.. design depth. _. ._.__....... and debris see that It matches design,. Noxious weeds Any noxious ornuisance vegetation which sylay Noxious and nuisance vegetation constitute a hazard to County personnel or the removed according to applicable public. regulations, No danger of noxious vegetation where County personnel or the public might normally be,. Contaminants and Any evidence of contaminants or pollution such Materials removed and disposed of pollution as oil, gasoline, concrete slurries or paint. according to applicable regulations, Source control BMPs implenrented it apptropriate. No contaminants present other than ¢a surface oil Mot. Vegetation Vegetation that reduces free movement of waster Water flows freely through ditches. ._ through {.filches. ..._ Erosion damage to .............®.®.......�_.®...., ........__.. Any erosion observed an a ditch 51opn; .................... _—... Slopes are not erading, iope:s Rock lining out of One layer or less of rock exists above native soil Replace rocks to design slandards. place or missing (it area 5 square feet or more, any exposed native Appiicable) soil. 2009 Surface Water Design Manual _. Appendix A E/9/7.009 A-l1