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20150504000293
PCAGE-0ITYN 81.00
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KING COUNTY,10WA4
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: Raymond Ng
Grantee:City of Renton
Legal Description: See page 5 _
Additional Legal(s)on:
Assessor's Tax Parcel ID#: 182305-9100
IN CONSIDERATION of the approved City of Renton(check one of the following)D residential
building permit,®commercial building permit,D clearing and grading permit,U subdivision permit,or
D short subdivision permit for Application File No.LUAiS WP 314003952 —relating to the
real property("Property")described above,the Grantor(s),the owner(s)in fee of that Property,hereby •
covenants(eovenant)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 1 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 stormwater 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 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 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 WHEREOF,this Declaration of Covenant for the Maintenance and Inspection of
Flow Control BMPs is executed this .' day of ,20 u .
,r -_— ___,A1101.9
G •r.✓i-',owner of 'roperty
GRANTOR,owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss.
On this day personally appeared before me:
INk __ Ni,,-r i _____,to me known to be the individual(s)described in
and who ex, -,8 ;d the within and forego,'`_instrument and acknowledged that they signed the same as
their free an' tary act and deed,fo th. uses and purposes therein stated.
Given.under my hand and official seal this 3 day of ¢ j ,20 IN 5.
10111.1Vs. , ,__.._ �1Iii * _ . db.—.5
Printed name
Notary Public in and for the State of Washington,
residing at •
N.
My appointment exp a 31 Y-) 1 ie. ____
1 MOLLY D. DOUGLAS ?
'1 NOTARY PUBLIC �
't STATE OF WASHINGTON ;t
COMMISSION EXPIRES {�
1' MARCH 5 2016
,
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y,�� `i1*_ EXHIBIT A
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BMP SITE PLAN
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LEGAL DESCRIPTION-ASSESSOR TAX PARCEL # 182305-9100
THAT PORTION OF GOVERNMENT LOT 11, SECTION 18, TOWNSHIP 23 NORTH,
RANGE 5 EAST, W.M. , IN KING COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE CENTER LINES OF THE CITY OF
SEATTLE'S CEDAR RIVER PIPELINE AND RAINIER AVENUE SOUTH (PRIMARY
STATE HIGHWAY NO. 5) AS NOW ESTABLISHED;THENCE SOUTH 3°57 '35"
WEST ALONG THE CENTERLINE OF SAID RAINIER AVENUE SOUTH A DISTANCE
OF 317.37 FEET TO THE INTERSECTION OF SOUTHWEST HARRIS PLACE
(MITCHELL STREET) ; THENCE SOUTH 75°24'47" WEST ALONG SAID
CENTERLINE A DISTANCE OF 311.83 FEET TO THE INTERSECTION OF THE
NORTHERLY EXTENSION OF A LINE 0.50 FEET WEST AND PARALLEL TO AN
EXISTING 8 INCH CONCRETE WALL; THENCE SOUTH 00°12 '28" EAST ALONG
SAID LINE A DISTANCE OF 11.87 FEET TO THE TRUE POINT OF
BEGINNING, SAID POINT ALSO BEING ON THE NORTHERLY LINE OF PARCEL
"B" AS DESCRIBED IN THAT CERTAIN VACATION ORDINANCE OF THE CITY
OF RENTON NO. 3204 AND FILED UNDER KING COUNTY RECORDING NUMBER
7803270680; THENCE CONTINUING SOUTH 00°12'28" EAST A DISTANCE OF
77 .27 FEET TO THE NORTHERLY LINE OF SOUTHWEST SUNSET BOULEVARD
(PRIMARY STATE HIGHWAY NO. 2) SAID POINT BEING ON A CURVE, THE
CENTER OF WHICH BEARS SOUTH 07°58 '07" EAST; THENCE WESTERLY ALONG
SAID NORTHERLY LINE ON A CURVE TO THE LEFT WITH A RADIUS OF 1005
FEET, A DISTANCE OF 100 .00 FEET TO A POINT OF REVERSE CURVE THE
CENTER OF WHICH BEARS NORTH 13°40 ' 13" WEST; THENCE ALONG SAID
CURVE TO THE RIGHT WITH A RADIUS OF 1115 FEET, A DISTANCE OF
87.27 FEET TO A POINT OF COMPOUND CURVE, THE CENTER OF WHICH
BEARS NORTH 09°11'06" WEST; THENCE ALONG SAID CURVE TO THE RIGHT
WITH A RADIUS OF 16 FEET, A DISTANCE OF 31.12 FEET TO A POINT OF
TANGENCY; THENCE NORTH 19°42 '20" EAST A DISTANCE OF 26. 19 FEET TO
A POINT OF CURVE; THENCE ALONG SAID CURVE TO THE RIGHT WITH A
RADIUS OF 42 .37 FEET A DISTANCE OF 41.20 FEET TO A POINT OF
TANGENCY, SAID POINT BEING OF THE NORTHERLY LINE OF SAID PARCEL
"B" ; THENCE NORTH 75°24 '47" EAST ALONG SAID NORTHERLY LINE A
• DISTANCE OF 167.30 FEET TO THE TRUE POINT OF BEGINNING.
SUBJECT TO CONDITIONS, RESTRICTION AND EASEMENTS OF RECORD.
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NO.5-CATCH BASINS AND MANHOLES E.g I
Maintenance Defect or Problem Condition When Maintenance le Needed Results Expected When
Component Maintenance is Performed
Skuchre Sediment Sediment exceeds 60%of the depth from the Sump of catch basin contains no
bottom of the catch basin to the invert of the sediment
lowest pipe into or out of the catch basin or in
within 6 indite of the invert of the lowest pipe
into ar out of the catch basin.
Trash and debris Trash ar debris of more than'A ethic feat which No Trash or debris bloating or
is located immediately in front of the catch basin potentially blocking entrance to
opening or is blocking capacity of the catch basin catch basin.
by more then 1096.
Trash or debits in the catch basin that exceeds No trash or debris in the catch basin.
ifs the depth from the bottom of basin Mimed.the -
lowest pipe into wart of the basin.
Dead animals or vegetation that coed generate No dead animals orvegetation--- —
adore that mild cause complaints or dangerous present within catch basin.
gases(e.g.,methane).
Deposits of garbage exceeding 1 cubic foot in No condition present which would
vakan& attract or support the breeding of
insects or rodents.
Damage to frame Corner of frame extends more than 3i inch past Frame is even with curb.
and/or tap slab curb face into the street(If eppireble).
Top slab hes hates larger than 2 square inches or Top slab is Free of holes and cracks_
cracks wider then Y.inch.
Frame not silting flush on top slab,in.. Frame is sitting flush an lop slab_
separation of more than 3:inch of the frame from
the top stab.
Cracks in walls or Cracks wider then!4 inch and longer than 3 feet, Catch basin is sealed and
bad= any evidence of soil particles entering catch structurally sound_
bassi through cracks,or maintenance person
judges that catch basin is unsound.
Cracks wider then%inch and longer than 1 foot No cracks more than 1/4 inch wide at
at the joint of any inletfouitet pipe ar any evidence the joint of inlet/outlet pipe.
of soil particles entering catch basin through
cracks.
Settlement/ Catch basin hessettled more then 1 inch or has Basin replaced or repaired to design
miaeignrnent rotated more then 2 itches out of alignment standards.
Damaged pipe joints Cracks wider than i 4-inch al the joint of the No cracks mom than Y-itch wide at
irlethxntlet pipes or any evidence of sod entering the joint of in letioutlel pipes`
the catch basin at the joint of the inlet/outlet
Ore.
Contaminants and Any evidence of conlarniterts or pollution such Materials removed and disposed of
pollution as oil,gasoline,concrete slurries or paint according to applicable regulations.
Source control BMAPs implemented if
appropriate. No contaminants
present other then a surface oil film.
Inlet/Outlet Pipe Sediment Sediment filling 20%or mare of the pipe. Inlet/outlet pipes dear of sediment_
accumulation
Trash and debris Trash and debris accumulated in irdetloutlel No trash or debris in pipes.
pipes(includes tloetabfes and non-floatabl�ee).
Damaged Cracks wider then'A-inch at the Mint of the No cracks more than Y.-itch wide at
inlet/outlet pipes or any evidence of sod entering the joint of the inlet/outlet pipe.
at the joints of the inletfoutlet pipes.
2009 Surface Water Design Manual—Appendix A 1/9/2009
A-9
NO.5-CATCH BASINS AND MANHOLES
Maintenance Defect or Problem Condition When Maintenance is Needed Results Expected When
Component Maintenance is Performed
Metal Grates Unsafe grate opening Gratewithopening wider than rfs inch.. Grate opening meals design.
(Catch Basins) standards,
Trash end debris Trash and debris dada blocking more than 20% Grate free of trash and debris_
of grate surface. footnote to guidelines for disposal
Damaged or missing Grate musing sir broken member(s)of the grata Grate is m place and meets design
My open structure requires urgent. standardb.-
maintenance.
Manhole Cover/Lid Coverrid not in place Covedfid is missing or only partially in place. Cove lid protects opening to
Any open structure requires urgent structure.
maintenance_ •
Locking mechanism Mechanism cannot be opened by one Mechanism opens with proper tools.
Not Working meirtenanoe person with proper tools.Bolts
cannot be seated. Self-iocldng caverllld does not --
worir_
Covedid difficult to One maintenance parson cannot remove Covedfid can be removed and
Remove cover/Ed after applying 80 lbs.of lift reinstalled by one maintenance
person.
1/9/2009 - - 2009 Surface Water Design Manual—Appendix A
A-14
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NO.6-CONVEYANCE PIPES AND DITCHES
Maintenance Defect or Problem Conditions When Maintenance is Needed Results Expected When
Component Maintenance is Performed
Pipes Sediment&debris Accumulated aecliment or debris that exceeds Water flows freely through pipes.
accumulation 20%of the diameter of the pipe
Vegetation/roots Vegetation roots that reduce free movement of Water dons freely through pipes.
wafer through pipes.
Contaminants and Any evidence of contaminants or pollution such Materials removed and disposed of
pollution as oil,gasoline,concrete slurries or paint awarding to applicable regulations.
Source control BMPs implemented if
appropriate. No contaminants
present other then a surface oil film.
Damage to protective Protective coaling is damaged;not or carroxiun fie repaired or replaced_-
coating or corrosion• is weakening the structural integrity of any part of
p4e-
Damaged- - Any dent that decreases the cross section area of Pre repaired or replaced_
pipe by mare then 211%or a determined to have
weakened structural integrity of the pipe.
Ditches Trash and-debris Trash and debris exceeds t cubic look per 1.000 Trash and debris cleared from
square feet of ditch and slopes. ditches.
Sediment Axxunulated sediment that exceeds 20%of the Ditch cleaned/flushed of all sediment
accuelation design depth. and debris so that it matches design.
Noxious weeds Any noxious or nuisance vegetation whish may Naxose and nuisance vegetation
constitute a hazard to County personnel or the removed awarding in applicable
regulations. No danger of nmdous
vegetation where County personnel
or the public might normally be.
Contaminants and Any evidence of cantarnoen s or pollution such Materials removed.and disposed of
pollution as ail,gasoline,concrete slurries or paint. according to applicable regulations.
Source control BMPs implemented if
appropriate. No contaminants
present other than a surface oil film.
Vegetation Vegetation that reduces free movement of water Water flows freely through ditches.
through aches_
Erosion damage to Any erosion observed on a ditch dope. Slopes ere nal eroding.
slopes
Rocs lining out of One layer or less of rock exists above native soil Replace rocks to design standards.
place or missing(If area S squats feet or more,any exposed native
Applicable) sort
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2004 Surface Water Design Manual—Appendix A
1/9/20(19
A-1P
Ci.5.3 MAINTENANCE INSTRUCTIONS FOR A RAIN GARDEN
If the rain garden flow control BMP is proposed for a project;the following maintenance and operation
instructions must be recorded as an attachment to the required declaration of covenant and grant of
easement per Requirement 3 of Section C.I33(p.C-I S). The intent of these instructions is to explain to
future property owners,the purpose of the BMP and how it must be maintained and operated_ These
instructions are intended to be a minimum;DDES may require additional instructions based on site-
specific conditions. Also,as the County gains more experience with the maintenance and operation of
these BMPs,future updates to the instructions will be posted on King.County's Surface Water Design
Manual website.
a TEXT OF INSTRUCTIONS
Your property contains 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-.-
"bioretentiori,"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 fitter 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 King
County Water and Land Resources.Division or through a future development permit from.King County.
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 sod,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.
20(19 Surface Water Design Manual—Appendix C
C-63 thlf?W0