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HomeMy WebLinkAboutRC 20110413000838 • 1111111111111111111111111 20110413000838 CHICAGO TITLE COV 65.00 PAGE-001 OF 004 04/13/2011 14:14 • KING COUNTY, WA RECORDING REQUESTED BY AND • WHEN RECORDED MAIL TO: CITY CLERK'S OFFICE CITY OF RENTON 1055 SOUTH GRADY WAY RENTON. WA 98057 DECLARATION OF COVENANT FOR MAINTENANCE AND INSPECTION OF FLOW CONTROL BMPS Grantor: Tt'i e•z LLC, Grantee: City of Renton `` Legal Description: t 1 tL► t 4 rtd J ?R„iL \ e—t 33i Lp I- $10 S Additional Legal(s)on: Assessor's Tax Parcel ID#: -33043c on b IN CONSIDERATION of the approved City of Renton(check one of the following)%residential building permit, ❑ commercial building permit, 0 clearing and grading permit, 0 subdivision permit,or ❑short subdivision permit for Application File NorL A/SW7 ( 05g- relating to the real property("Property")described above,the Grantor(s),the owner(s)in fee of that Property,hereby CHICAGO TITLE INS. CO l'WF# o covenants(covenant)with City or 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 I through 8 below with regard to the Property. Grantor(s)hereby grants(grant), covenants(covenant), and agrees(agree)as follows: 1. Grantor(s)or his/her(their)successors in interest and assigns("Owners")shall retain,uphold, and protect the stonuwater management devices,features,pathways,limits,and restrictions,known as flow control best management practices("BMPs"),shown on the approved Flow Control BMP Site Plan for the Property attached hereto and incorporated herein as Exhibit A. 2. The Owners shall at their own cost,operate,maintain,and keep in good repair,the Property's BMPs as described in the approved Design and Maintenance Details for each BMP attached hereto and incorporated herein as Exhibit B. 3. City or Renton shall provide at least 30 days written notice to the Owners that entry on the Property is planned for the inspection of the BMPs, After the 30 days,the Owners shall allow the City of Renton to enter for the sole purpose of inspecting the BMPs, In Iieu 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 BMPs 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 30 days of giving this notice, the Owners,or the 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 County may inspect the BMPs without further notice. 4. If the City determines from its inspection,or from an engineer's report provided in accordance with Paragraph 3, that maintenance,repair,restoration,and/or mitigation work is required for the BMPs, The City shall notify the Owners of the specific maintenance,repair,restoration,and/or mitigation work (Work)required under RMC 4-6-030. The City shall also set a reasonable deadline for completing the Work or providing 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 BMPs unless an engineer's report has been provided verifying completion of the Work. If the work is not completed properly within the time frame set by the City,the City may initiate an enforcement action. Failure to properly maintain the BMPs is a violation of RMC 4-6-030 and may subject the Owners to enforcement under the RMC 1-3,including fines and penalties. 5. Apart from performing routine landscape maintenance,the Owners are hereby required to obtain written approval from the City or Renton before performing any alterations or modifications to the BMPs. 6. Any notice or approval required to be given by one party to the other under the provisions of this Declaration of Covenant shall be effective upon personal delivery to the other party,or after three(3) days from the date that the notice or approval is mailed with delivery confirmation to the current address on record with each Party. The parties shall notify each other of any change to their addresses. 7. This Declaration of Covenant is intended to promote the efficient and effective management of surface water drainage on the Property,and it 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. 8. This Declaration of Covenant may be terminated by execution of a written agreement by the Owners and the City of Renton that is recorded by King County in its real property records. • IN WITNESS WI-TMREOF, this Declaration of Covenant for the Maintenance and Inspection of Flow Control BMPs is executed this 12 day oft•'•` ,20 1( , C&t c` e R LLC GR'liii')R, owner ..the Property • TOR, owner of the Property . • STATE OF w•,bh,t^`d4-12'^ COUNTY OF VC.L.1"13 ss. I certify that I know or have satisfactory evidence that I.cP OGp artk.t. (is/are)the person(s)who appeared before Ine,and said person(s)acknowledged that Lie. signed this instrument, on oath stated that h e. &3 authorized to execute the instrument and acknowledge it as the hi 4.11t�cs r t 7:,ed C 4eb ctrl,•.- 44 C SikeYkek t.. LL(ss of the free and voluntary act of such party(ies)for the uses and purpinstrument mentioned in this instrumento be ,, °° strociia• T�4Dated: erttlEDI( i r,,, a .,, Q/Cf._. P• sy `••` ��votary name printed or typed: /yi q re, /3e,- e al/6/4— i i X44. % 1,totary Public in and for the State of L.vim s/�,;�A„., o i aeiesiding at Set'nrviah-) ;s N 1,: 9pyiN� /4.3 /UIy appointment expires: i�/ o/z ;et �r.�AN. af..1• r��a`. �� 44....F*°°°°°° LPB 20-O5(ir) Page 3 of 12