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HomeMy WebLinkAboutRC 20140106000049 Return Address: City Clerk's Office 20140106000049 City of Renton CITY OF RENTON COV 79.00 PAGE-001 OF 008 1055 S Grady Way 01/06/2014 08:37 KING COUNTY, WA Renton,WA 98057 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor: Housing Authority of the City of Renton, Washington, a public body corporate and politic, d/b/a "Kirkland Avenue Townhomes" Grantee: City of Renton Legal Description: Lots 1, 2, and 4 of block 7, corrected plat of Renton Highlands No. 2, Together with an easement for driveway purposes as established by instrument recorded under recording number 9204070551 Assessor's Tax Parcel ID# 7227800185, 7227800190, 7227800200 IN CONSIDERATION of the approved City of Renton B13000863, B13000864, B13000866 and U13005424 permits for application file No. LUA 13-000206/SWP 27-3706 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. 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 of the described property") shall at their own cost, operate,maintain,and keep in good repair,the Property's stormwater facilities,the stormwater facilities constructed within the City's right-of-way fronting said Property, and/or best management practices("BMPs") constructed as required in the approved construction plans and specifications SWP 27-3706 on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) B13000863, B13000864, B13000866 and U13005424 . The property's stormwater facilities,the stormwater facilities constructed within the City's right-of-way fronting said Property 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. Stormwater facilities include pipes, swales,tanks,vaults,ponds, infiltration galleries below pervious concrete pavement parking lot,private sidewalks, and other engineered structures designed to manage and/or treat stormwater on the Property, and biofiltration facilities,raingardens, and pervious sidewalks within the City's rights of way fronting said Property. Stormwater BMPs include dispersion and infiltration devices,native vegetated areas, permeable pavements, vegetated roofs,rainwater har testing systems,reduced impervious surface coverage,and other measures designed to reduce the amount of stormwater runoff on the Property. Page 1 of 3 Form Approved by City Attorney 10/2013 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 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 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 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(s1) 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. Page 2 of 3 Form Approved by City Attorney 10/2013 r • • IN WITNESS WHEREOF,this Declaration of Covenant Lor the Inspection and Maintenance of Stormwater Facilities and BMPs is executed this / a day of noKiktkX.4% ,2013. All' RAN it / / Housing Authority of th- Cit of Renton, Washington, a public body corporate and politic By Mark Gropper Its Executive Director STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: TellArtk b(o[ t( ,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 Ian'"day •f N Oki ernbe.f ,20 13 • 44444. LLS ley n " PectnC PO\‘rII Printed name 0), •O .1/ Notary Public in and for the State of Washington, o\VARY N? , residing at V PUBIAC �l .•••O �`,`� % R,ev ban , Wit WA• My appointment expires a 1 `t lav II- Page }Page 3 of 3 Form Approved by City Attorney 10/2013 • EXHIBIT A DECLARATION OF COVENANT—KIRKLAND AVENUE TOWNHOMES -- 10.-'t' \4'46;4 414V' .....-5: ' EXHIBIT a.Aaa I N O ,' ��o). ��� �'�' i,. ,. %,����� f KIRKLAND AVENUE TOWNHOMES ) �:i . .j'- I"'/� ' :,14�1I �i�p�� .I 1 (- wmeNs.wse ran' \t 1". n.. / t�f • \\•\N uurts. M' I i 46 i 40l '�1/�� msnNoimulrw,� �.. /��,d b':: NNNs,s„ �15i ,r/ � } �(/1! DESIGNATED AREA OF RIGHT \''--....,,e'''.- ° DNGSi �iN •�� I ,., ' TO INGRESS AND EGRESS "' '� I '1 0 a4 ?��grAL t. �‘ u�-�dl ►,�`,�;;i;� r SHOWN IN GREY srtu �ro- �/� 117,c4 ,fri F' + / Ob j \YID �' \, 41 � ,y�I // h� 1 Z UNrt,l •,� /�I �r Y V/ • fre 4101 5 u ii Agm • 11 11111 UM Ma mein 41 I : �i • is n• n430,1 _� rq, e� 1,{4VOtAI �� it li►o" ��,4p.. I` •�� ,.SII i msxm •�a.�% 6iurine A II mfiUM1NV 1 \\\l•,\..'''. \--. Jr ..�. GRANTOR SHALL MAINTAIN AND KEEP IN GOOD ( a j r all UNIT IJ CII. REPAIRS ALL BIOFILTRATION FACILITIES I z I ` z , "RAINGARDENS"AND POROUS CONCRETE SIDEW K g ;,;, ,� " % �_ WITHIN THE RIGHTS-OF-WAY OF KIRKLAND AVE NE, i ' ,¢–�I "' C'a . to NR3 I `_'a – – — NE 15TH ST AND NE 16TH ST FRONTING THE \ I <4110. ' i '__ PROPERTY AND ALL ON-SITE STORMWATER i 1 V► \eWM 1 ( / I I'' FACILITIES INCLUDING INFILTRATION GALLERIES \, .1 _1 . 101 I I' r.. manmNeR BELOW PERVIOUS CONCRETE PAVEMENT PARKING }I fitdko. ID a UN 1 �; I i� • LOT AND PRIVATE SIDEWALKS. . ,:(I •C e • .t.---1! fU1R1�M .` rall led'RN,II• _ 11 I \ I I V.4i.1FS - –i 1%.!..a �� \ ��e I meunni I\ '^I. f= -1IE15IIiSTRE_EL 4 • Declaration of Covenant EXHIBIT B KIRKLAND AVENUE TOWNHOMES MAINTENANCE INSTRUCTION FOR RAIN GARDENS Your property and the rights-of-way fronting your property as shown and described on Exhibit "A" contain a stormwater management flow control BMP (best management practice) called a "rain garden," which was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious or non-native pervious surfaces on your property. Rain gardens, also known as "bioretention," are vegetated closed depressions or ponds that retain and filter stormwater from an area of impervious surface or non-native pervious surface. The soil in the rain garden has been enhanced to encourage and support vigorous plant growth that serves to filter the water and sustain infiltration capacity. Depending on soil conditions, rain gardens may have water in them throughout the wet season and may overflow during major storm events. The size, placement, and design of the rain garden as depicted by the flow control BMP site plan and design details must be maintained and may not be changed without written approval either from the City of Renton or through a future development permit from the City of Renton. Plant materials may be changed to suit tastes, but chemical fertilizers and pesticides must not be used. Mulch may be added and additional compost should be worked into the soil over time. Rain gardens must be inspected annually for physical defects. After major storm events, the system should be checked to see that the overflow system is working properly. If erosion channels or bare spots are evident, they should be stabilized with soil, plant material, mulch, or landscape rock. A supplemental watering program may be needed the first year to ensure the long-term survival of the rain garden's vegetation. Vegetation should be maintained as follows: 1) replace all dead vegetation as soon as possible; 2) remove fallen leaves and debris as needed; 3) remove all noxious vegetation when discovered; 4) manually weed without herbicides or pesticides; 5) during drought conditions, use mulch to prevent excess solar damage and water loss. • Declaration of Covenant EXHIBIT B KIRKLAND AVENUE TOWNHOMES MAINTENANCE INSTRUCTION FOR PERMEABLE PAVEMENT Non-vegetated Permeable Pavement Your property and the rights-of-way fronting your property as shown and described on Exhibit "A" contain a stormwater management flow control BMP (best management practice) called "permeable pavement," which was installed to minimize the stormwater quantity and quality impacts of some or all of the paved surfaces on your property. Permeable pavements reduce the amount of rainfall that becomes runoff by allowing water to seep through the pavement into a free-draining gravel or sand bed, where it can be infiltrated into the ground. The type(s) of permeable pavement used on your property is: 0 porous concrete, ❑ porous asphaltic concrete, ❑ permeable pavers, ❑ modular grid pavement. The area covered by permeable pavement as depicted by the flow control BMP site plan and design details must be maintained as permeable pavement and may not be changed without written approval either from the City of Renton or through a future development permit from the City of Renton. Permeable pavements must be inspected after one major storm each year to make sure it is working properly. Prolonged ponding or standing water on the pavement surface is a sign that the system is defective and may need to be replaced. If this occurs, contact the pavement installer or the City of Renton for further instructions. A typical permeable pavement system has a life expectancy of approximately 25-years. To help extend the useful life of the system, the surface of the permeable pavement should be kept clean and free of leaves, debris, and sediment through regular sweeping or vacuum sweeping. The owner is responsible for the repair of all ruts, deformation, and/or broken paving units. ' I t, • • • Declaration of Covenant EXHIBIT B KIRKLAND AVENUE TOWNHOMES MAINTENANCE INSTRUCTIONS FOR INFILTRATION GALLERY UNDER PERMEABLE PAVEMENT NO.2—INFILTRATION FACILITIES Maintenance Defect or Problem Conditions When Maintenance Is Needed Results Expected When Component Maintenance Is Performed Inlet/Outlet Pipes Sediment Sediment filling 20%or more of the pipe. Inlet/outlet pipes clear of sediment. accumulation Trash and debris Trash and debris accumulated in inlet/outlet No trash or debris in pipes. pipes(includes floatables and non-floatables). Damaged Cracks wider than V2-inch at the joint of the No cracks more than Y.-inch wide at inlet/outlet pipes or any evidence of soil entering the joint of the inlet/outlet pipe. at the joints of the inlet/outlet pipes. Access Manhole Cover./lid not in place Cover/lid is missing or only partially in place. Manhole access covered. Any open manhole requires immediate. maintenance. Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper tools. not working maintenance person with proper tools.Bolts cannot be seated. Self-locking cover/lid does not work. Coverllid difficult to One maintenance person cannot remove Cover/lid can be removed and remove cover/lid after applying 80 lbs of lift. reinstalled by one maintenance person. Ladder rungs unsafe Missing rungs,misalignment,rust,or cracks. Ladder meets design standards. Allows maintenance person safe access. Large access Damaged or difficult Large access doors or plates cannot be Replace or repair access door so it doors/plate lo open openedlremoved using normal equipment. can opened as designed. Gaps,doesn't cover Large access doors not flat and/or access Doors close flat and covers access completely opening not completely covered. opening completely. Lifting Rings missing, Lifting rings not capable of lifting weight of door Lifting rings sufficient to lift or rusted or plate. remove door or plate. Infiltration Pond. Plugged Filter bag more than 112 full. Replace filter bag or redesign Tank,Vault,Trench, system. or Small Basin Filter Bags • Infiltration Pond, Sediment 6"or more of sediment has accumulated. Pre-settling occurs as designed Tank,Vault,Trench, accumulation or Small Basin Pre- settling Ponds and Vaults Infiltration Pond, Plugged High water level on upstream side of filter Rock filter replaced evaluate need Rock Filter remains for extended period of time or little or no for filter and remove if not water flows through filter during heavy rain necessary. storms. Infiltration Pond Rock missing Only one layer of rock exists above native soil in Spillway restored to design Emergency Overflow area five square feet or larger.or any exposure of standards. Spillway native soil at the top of out flow path of spillway. Rip-rap on inside slopes need not be replaced. Tree growth Tree growth impedes flow or threatens stability of Trees removed. spillway.