HomeMy WebLinkAboutRC 20180419000924Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -1 of 7
Record Date:4/19/2018 2:54 PM
Electronically Recorded King County, WA
Return Address:
City Clerk's Office
City of Renton
10;55 S Grady Way
Renton, WA 98,05
DECLARATIONOF COVENANT AND EASEMENT FOR INSPECTION
AND MAINTENANCE OF DRAINAGE FACILITIES AND ON-SITE BMPS
GrantorWeston Heights, LLC
Crrrrttee. City of Renton �.__..�.�._..
[,egal Description Weston Heights Lot 1
Assessor's Tax Parcel I #: 9308200120
IN CONSIDERATION of the approved City of Renton (check one of the following)
residential building permit, it coarrniercial building permit, 0 clearing and grading permit,
Il subdivision permit, or U short subdivision permit for application file No..
LUA/Swp LUA1 000958 relating to the real property ("Property") described above the
Grantor(s), tP e owner(s) in fee of that property, hereby covenants(covenant) with the City of Lenton, a
political subdivision of the state of Washington, that he/she(they) will observe, consent to, and abide by
the conditions and obligations set forth and described in Paragraphs I through 9 below with regard to the
Property, and hereby grants(grant) an easement as described in paragraphs 2 and 3. Grantor(s) hereby
grants(grant), covenants(covenant), and agrees(agree) as follows:
I. The Grantor(s) orr his/her(their) successors in interest and assigns ("Owners ") shall at their
own cost, operate, maintain, and keep in goad': repair, the Property's drainage facilities constructed as
required in the approved construction plans and specifications 3895 on (role with the City of
[penton and submitted to the City of Renton for the review and approval of permit($)
U151-0'06162 & B17005466 .The property's drainage facilities are shown and/or listed on Exhibit
A. The property's drainage facilities shall be maintained in compliance with the operation and
maintenance schedule included and attached herein as Exhibit B. Drainage facilities include pipes,
channels, flow controlfacilities, water quality facilities, ort -site best management practices (BMPs) and
other engineered structures designed to manage acrd/or treat stortilwater on the Property. On-site BMPs
include dispersion and infiltration devices, bioretention, permeable pavements, rainwater harvesting
systems,, gree retention credit, reduced impervious surface :footprint, vegetated roofs and other measures
designed to nrirnic pre -developed hydrology and minimize storarrwater runoff on the property.
. City of Renton shall have the right to ingress and egress over those portions of the property
necessary to perform inspections of the stonnwater 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 30 days written notice to the Owners that entry on the Property i
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Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -2 of 7
Record Date:4/19/2018 2:54 PM King County, WA
planned for the inspection of drainage facilities. After the 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 (lie 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 days of receiving the City's notice of inspection. Within 3O 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 facififies 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 thne frame set
by the City, the City may initiate an enforcement. action and/or perform the required maintenance, repair,
restoration, and/or mitigation 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
maintenance and/or repair work will begin immediately.
4. The Owners shall assume all responsibility for the cost of any maintenance, repair 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 maxinium legal rate allowed
by RCW 19,52.020 (currently twelve percent (12%)). If the City initiates legal action to enforce this
agreement, the prevailing pawl, in such action is entitled to recover reasonable litigation costs and
attorney's fees.
5. 1"he 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.
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 agreentent
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
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Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -3 of 7
Record Date:4/19/2018 2:54 I'M King County, WA
Declaration of Covenant shall run with the land and be binding on Grantor(s), and Grantor's(s)
successors in interest, and assigns,
9'. This Declaration of Covenant may be terminated by execution of a written agreernent 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'Maintellance of
Drainage Facilities is executed this day of �JEP\,fKkr 20 ell
owner of the Property
GRANTOR, owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss,
On this day personally appeared before me:
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 d of
20 L" . .....
of
DANAESANDS Printed narne
Wary Pubfic Notary Public in and for the State of Washington,
Swp of Washington
My Appoiritment ExpRf es residing at
Mar 20, 2021
My appointment expires
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Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -4 of 7
Record Date:4/19/2018 2:54 PM King County, WA
WESTON CEXHIBIT
LEGEND
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Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -5 of 7
Record Date:4/19/2018 2:54 PM King County, WA
M'AINI'ENAINCIEI,N,S"rRIJCTIONS FOR BASIC DISPERSION
Your property contains an on-site BMP (best management practice) called "basic dispersion," which
was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious
surfaces or non-native pervious surfaces on your property.
Basic dispersion is a strategy for utilizing any available capacity of onsite vegetated areas to retain,
absorb, and filter the runoff" from developed surfaces. This on-site BMP has two primary components
that must be maintained:
(1) The devices that disperse runoff from the developed surfaces and
(2) The vegetated area over which runoff is dispersed.
Dispersion Devices
The dispersion devices used on your property include the following as indicated on the site
plan (CHECKTHE BO(ES) TIJAT APPLY):
Of splash blocks, J%rock pads, Ll gravel filled trenches, $1sheet flow.
The size, placement, composition, and downstream flowpaths of these devices as depicted by the site
plan and design details must be maintained and may not be changed without written approval from the
City of Denton or through a future development permit from the City of Renton,
1014-1
This on-site BMP has two primary components that must be maintained per Appendix A of the City of
Renton's Surface Water Design Manual:
(1) The devices that disperse runoff' from the developed surfaces and
(2) The vegetated flowpath area over which runoff is dispersed.
Maintenance of Dispersion Devices
• Dispersion devices must be inspected annually and after major storm events to identify and
repair any physical defects,
• When native soil is exposed or erosion channels are present, the sources of the erosion or
concentrated llow need to be identified and mitigated.
• Concentrated flow can be mitigated by leveling the edge of the pervious area and/or realigning
or replenishing the rocks in the dispersion device, such as in rock pads and gravel filled
trenches.
Maintenance of Vegetated Flowpaths
The vegetated area over which runoff is dispersed must be maintained in good condition free
of bare spots and obstructions that would concentrate flows.
Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -6 of 7
Record Date:4/19/2018 2:54 PM King County, WA
These basic dispersion on-site BMP maintenance and operation instructions must be recorded as an
attachment to the required declaration of covenant and grant of easement per Requirenient 3 of
Section C.1.3 4 of the City of Renton Su�fixe Water Design Manual. 'Fhe intent of these instructions is
to explain to future property owners, the ptjq)ose of the BMP and how it must be maintained and
operated.. These instructions, are intended to be: a minimum; the City of Renton may require additional
instructions based on site-specific conditions, See the City of Renton's, Surface Water Design Manual
website for additional information and updates.
Instrument Number: 20180419000924 Document:COV Rec: $80.00 Page -7 of 7
Record Date:4/19/2018 2:54 PM King County, WA
HOUSE
LEVEL OUTLET
PLAN VIEW OF DRIVEWAY
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ROOF DOWNSPOUT6"
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18" MINelf
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DISPERSION,
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SEE SECTIO
SEE SECTION C2.1.3
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SPLASH
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EXTENSION
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SIDE VIEW
NTS
PLAN VIEW OF DRIVEWAY
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