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Home My WebLink AboutRC 20160729001169 , ' � , Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton,WA 9805� 20160729001169 CITY OF RENTON COV 78.00 PAG�e-003 OF 007 07/29/203d 12:11 KING COUNTY, WA DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF STORMWATER FACILITIES AND BMPS Grantor: Avana Trails LLC Grantee: City of Renton Legal Description: See attached Exhibit C Assessor's Tax Parcel ID#: 292305-9022, 292305-9168 and 292305-9023 IN CONSIDERATION of the approved City of Renton Utility Construction permit for application file No. LUA/SWP U13003818 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 and/or best management practices('BMPs") constructed as required in the approved construction plans and specifications U13003818 on file with the City of Renton and submitted to the City of Renton for the review and approval of permit(s) U13003818 .The property's stormwater 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. Stormwater facilities include pipes, swales,tanks,vaults,ponds,and other engineered structures designed to manage and/or treat stormwater on the Property. Stormwater 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 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 Page 1 of 3 Form Approved by City Attomey 10/2013 -� 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 ageement 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. Thi Declaration of Covenant ma be terminated b execution of a written a reement b the 10. s y y g Y 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 Maintenance of Stormwater Facilities and BMPs is executed this�day of�J i.{,/�.. ,20�. � NTOR,owner of the Property GRANTOR,owner of the Property Page 2 of 3 Form Approved by City Attorney 10/2013 STATE OF WASHINGTON ) COUNTY OF KING )ss. On this day personally appeared before me: �.1 d e L /��C-Z l s��J ,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 y of _ /ti , ,20�. �/r ,: ' , /. -, G �="� � N � � Printed name pppppnepmp Notary Public in and for the State of Washington, LAURlE M. NYBERG residing at NQTARY PUBLIC STATE 4F WASHINGTON ,, � COMMISSiQN EXPIRES l.�!�I I�� AUGUSt zy 2017 My appointment expires v� � �� Page 3 of 3 Form Approved by City Attorney 10/2013 ExN IB�T A `� �, ` �"� ' �Y �� '� pE1ENTi0N � VA��T � � � ;�s' �� PERSA� ) � �� '-� 1�� pIS �N �TYP \ w �� ,,� 1REN � N `" �• � � �.,a -� DR YWE`� � \ q �TYP ) � �� _ �' � \ Q ` \ �� S� 1,ZNp STREET �� \ �--�---�,�- �\ pE1E�TIaN �� VA�� v � � \ � �� N � Ft.T , ,\ SCP`E 3�a � � G�p�1�� 0 �� 150F'C. ��NC�� \ j_ �� % _ � �\ . �� . EXHIBIT B Your property contains a stormwater management flow control BMP (best management practice) called "limited infiltration," which was installed to mitigate the stormwater quantity and quality impacts of some or all of the impervious surfaces on your property. Limited infiltration is a method of soaking runoff from impervious area (such as paved areas and roofs) into the ground. Infiltration devices, such as gravel filled trenches, drywells, and ground surFace depressions, facilitate this process by putting runoff in direct contact with the soil and holding the runoff long enough to soak most of it into the ground. To be successful, the soil condition around the infiltration device must be able to soak water into the ground for a reasonable number of years. The infiltration devices used on your property include the following as indicated on the flow control BMP site plan: drywells. The size, placement, and composition of these devices 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. Infiltration devices must be inspected annually and after major storm events to identify I and repair any physical defects. Maintenance and operation of the system should focus on ensuring the system's viability by preventing sediment-laden flows from entering the device. Excessive sedimentation will result in a plugged or non-functioning facility. If the infiltration device has a catch basin, sediment accumulation must be removed on a yearly basis or more frequently if necessary. Prolonged ponding around or atop a device may indicate a plugged facility. If the device becomes plugged, it must be replaced. Keeping the areas that drain to infiltration devices well swept and clean will enhance the longevity of these devices. For roofs, frequent cleaning of gutters will reduce sediment loads to these devices. Your property contains a stormwater management flow control 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 flow control 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 flow control BMP site plan: gravel filled trenches. The size, placement, composition, and downstream flowpaths of these devices 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. 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 flow 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. 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. � � ' , • EXHIBIT C The south half of the south half of the northwest quarter of the southeast quarter of Section 29, Township 23 North, Range 5 East,W.M., in King County,Washington; EXCEPT that portion thereof, lying within the 60 foot wide right of way for Secondary State Highway No. 5C (formerly known as John F. Benson Road), as established by order filed March 19, 1912 under Volume 16 of the King County Commissioner's Records, page 592; AND EXCEPT that portion conveyed to King County by deed recorded May 14, 1999 under Recording No. 9905141847. AND EXCEPT that portion conveyed to Richard R. Niemi, Sydney J. Nieme, Darlene R. Bjornstad and the Darlene R. Bjornstad Trust by judgment recorded April 19, 2012 and June 8, 2012 under Recording Nos. 20120419000630 and 20120608001092 and 20120608001093 and deed recorded May 29, 2012 under Recording No. 20120529000485. AND EXCEPT that portion conveyed to the City of Renton by deed recorded April 1, 2016 under Recording No. 20160401000038. AND EXCEPT that portion conveyed to the City of Renton by deed recorded April 4, 2016 under Recording No. 20160404001343. TOGETHER WITH The north quarter of the west half of the west half of the east half of the southwest quarter of the southeast quarter of Section 29, Township 23 North, Range 5 East, W.M., in King County, Washington. EXCEPT that portion conveyed to the City of Renton by deed recorded April 4, 2016 under Recording No. 20160404000221. � �