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HomeMy WebLinkAboutRC 20220525000422Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-1 of 9 Record Date:5/25/2022 9:33 AM King County, WA Return Address: City Clerk's Office City of Renton 1055 S Grady Way Renton,. WA198057 DECLARATION OF COVENANT FOR INSPECTION AND MAINTENANCE OF DRAINAGE FACILITIES AND OWSITE. BMPS Grantor.:. 1S REO Opportunity 1, LLC Grantee: City of Renton, a Washington municipal corporation: Legal Description Portions Tracts 1, 2`and 3, Harries Garden Home Tracts :(full legal in Exhibit C) Assessor's Tax Parcel Ib#: '3119900.005, 311:9900.01D and 3119.900:011 INCONSIDERATION of the approved City of Renton (check one of the foilowing) 0 Residential Building Permit QCommercial Building Permit 0 Clearing.and Grading Permit Q Civil :Construction or Utility Permit for Permit(s) C17002053 (construction/auildinq%uti►ityPermtr#) relating to the real property ("Property"') described above, the Grantor(s), the owner($) in fee of that Property, hereby covenants (covenant) with the City of Renton ("City`of Renton" or"City?% a -municipal corporation of the state of Washington, that. he/she .(they) will observe,consent to, and abid el by the:conditions and obligations setforth and described in: Paragraphs 1 through 9 below with. regard to the Property, and hereby grants (grant). an easement as described in Paragraphs 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 COwriers ") shall at.theirown cost,: operote,..mairitain, and keep in: good repair, the Property's' drainage facilities constructed as required in the approved construction plans and specifications: C17002053 (Project_ Plan #). on file with the City. of Renton and submitted to the City of Renton for the review and approval of permit(s) 2170.02053(constructo»/euiidny/utllty Permit #),The. Property's drainage facilities are shown and or Listed on ;Exhiblt A — Site, Plan, The Property's drainage facilities shall be- maintained. in compliance' .with the operation and. maintenance schedule included and attached herein as Exhibit. B —.Operations and Maintenance. Drainage facilities include pipes,: channels, flow: control, facilities;, water quaiity .facil,itles, on -site best ,man:agement practices .(BMPs) and :other engineered structures. designed to manage and/or Page 1 of 19 Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-2 of 9 Record Date:5/25/2022 9:33 AM King County, WA treat stormwater.on the Property. 'On -site BMPs include dispersion and infiltration devices; bioretention; -permeable pavements, rainwater harvesting systems; 'tree retention credit, .reduced impervious surface footprint, vegetated roofs and other measures designed to mimic pre -developed hydrology:and minimize stormwater runoff:onthe 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 sto.rmwater facilities.. and BMPs and conduct maintenance. activities' specified in. this, Declaration of Covenant and in accordance. with .the Renton:IVlunicipal Code. City of Renton shall provide at least thirty (30.) days! written no..tice to; the Owner-sthat entry on the Property is. planned'forthe inspection of drainage facilities. After the thirty (30), days;.the Owners shall ;allow the. City of Renton to enter for the. sole purpose: of inspectingldrairiage facilities: In lieu of inspection by the Cty,..the Owners may elect to engage: -a licensed civil engineer registered in: the.state o;f.Washington who has expertise:n drainage to inspect; the drainage facilities and, provide. a written report desc.ribirig 'their condition: If the engineer option is chosen,'the, Owners shall provide.'Written notice to the City of Renton within fifteen .(15) days of receiving the City's: notice:of inspection; With In,thitty %) days.of givirig his notice., the Qwners, 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:facilities 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 (.."W..orV) required pursuant to the. Renton Municipal. Code.'The City shall. also seta' 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 verifyingcompletion of the Work. If .the Work .is not completed within -the. time frame set by the, City, the .City may ,initiate an enforcement action and/or perform the 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 its mailed. If,. within the.!sole discretion of. the City,, there exists an 'imminent or present danger, the seven (7) day notice period will bewaived' and Work will begin 'Immediately. 4. The Qwners shall assume: all responsibility for the cost of any Work,:or any measures taken -by the .City to address conditions as described in Paragraph 3. Such responsibility shall include. reimbprsementto'the City within thirty (3Q) days of the: receipt of the invoice for'a.ny suchW rk performed. 0 erdue ;payments will :require:, payment of'interest at the.. maxi.muin 'legal cafe allowed, by RCWN 19.52 020 (currently. tw. elve percent (S2%)).. If the City initiates legal action, to enforce this. agreement, the' prevailing party in Such action:. ls. entitled,to recover reasonable: litigation costs. and attorneY's fees.. S. The Qwners. a.re required to obtain written apprOv.:at'fro.m City of Renton prior to filling, piping, cutting,. or removing vegetation (except 'iri routine landscape maintenance) in: open vegetated stormwater facilitles (such as swaJ;es, channels,..dltches,. ponds; etc:), or 'performing any alterations or modifications to the drainage.facilities referenced in this Decfaration.of Covenant: Page 2 of 19 Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-3 of 9 Record Date:5/25/2022 9:33 AM King County, WA 6. Any notice or consent required to be:given or.otherwise provided for by 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 matter::s. addressed_ herein, this::agreernent constitutgsthe entire _agreement .between the parties, and supersede s all prior discussions, negotiations, and allagreements Whatsoever whether oral or written. S... 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 inurd.fo the ben..efit of all the citizens of the City of Renton. and its successors. and assigns .'This Declaration of Covenant shalt rpn with the land. and be binding upon Grantors) and Grantor's, s') successors in interest,, .and assigns.. 9.. This. Declaration of.Covenant.maybe terminated by .execution of a, written agreement .bythe. Owner&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. Drainage Facilities is. executed ths;134, :day`of A P R i L 20 as u�GRANT, .. ,. owner of the Property. GRANTOR, owner of the Property STATE; OF WASHINGTON. :) COUNTY OF KING; On this day personally appeared' before me �i dnt�l conaanjt neocu to me known to be the individuals) described 7n an .who executed the within and foregoing instrument. and acknowledged that they signed the same as their free and voluntary act *a:nd deed; forthe uses and purposes'therein stated. Given und.ermy hand and: off c al.seal this-13-day,of APM.. 201L_- Notary PubHe M� State of Washington Printed name MEGAN GL Notary Public in and for the state.. of LICENSE # 162710 Washington, residing at MY COMMISSION EXPIRES NOVEMBER29,2024 1I�1ClY1C(� wfi My; appointment expires i\ 12.q ?A 24 Page 3 of 19 Instrument Number: 22m2mm£Dommnt:cOvRec#g.50 Pag4of9 Record Dat 52Z52Z G2m33 w« King County, WA v2�ƒ�®! ) _: . �© . \ { ` /ENmON g. ^ Lo* E Sl Gam{ VRcv4sU F-MC . :\ST���,1. . '�E , � �� t • qtROEAgE 'PAVERS, j { )} \ z � m,! , �{ 3 \ ® |A 2§ 7 | � . Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-5 of 9 Record Date:5/25/2022 9:33 AM King County, WA Exhibit 8 Sunset's -Edge Townhames, SR.'-'o. rm Drainage gel Faci-lities Operation and Maintenance... Manual: Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-6 of 9 Record Date:5/25/2022 9:33 AM King County, WA Stormfifter Maintenance Report - Date; Inspected By: Systern: Observations M.'anthwShte Last" Service,: 0.11. inTore . bay,(Y/N). Sediment Depth- in Forebay'(ioches); 91'edirn-eht Depth on Vault: Mon Any Observed -Structural, Damag�e (Y/N) Drainage Area Observation. Excesslyp 011 kpaOin,g (YIN); Sediment AcCUffitilatioft dn N.Vemeht. (Y-/N)' Erosion. of Landscape Areas (Y./N.); I ifyes,,despribe-1�.- storrnFilter Cartridge Replacement Maintenance Activities Remove Trash OndDeb tit -(Y/N),— DeWls Replace Cartriclges .(Y./N.)-.. Details; Sediment Removal (YjN),:: Details; Estimated Quantity of Sed'.ement Removed.(CF): Minor ,.Structural. Repairs -'(Y/N)- Qetall'.s; Instrument Number: 20220525000422 Document:COV Rec: S211.50 Page-7 of 9 Record Date:5/25/2022 9:33 AM King County, WA Vortechs inspection & Maintenance Log Date Water Floatable Describe Maintenance Performed By Depth to Layer Sediment Thickness Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-8 of 9 Record Date:5/25/2022 9:33 AM King County, WA 0 & MINSTRUCTIONS FOR PERMEABLE PAVEMENT, Instrument Number: 20220525000422 Document:COV Rec: $211.50 Page-9 of 9 Record Date:5/25/2022 9:33 AM King County, WA Exhibit C Legal Descriptions. TAX PARCEL 3119900005 TRACT 1, HARRIES GARDEN HOME TR.,ACT&I ACCORDING TO THE PLAT THEREOF RECORDED IN.VOL.UME 34.OF:PLAT.S,.PAGE,X RECORDS..OF KING COUNTY, WASHI.NGTQN; TAX'. PARCEL :3119900010: THE15OUTH"50 FEET OF TRACT-2; :HARRIES GARDEN HOME TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME.34.OF PLATS, PAGE 38, RECORDS OF KING COUNTY, WASHINGTON. TAX PARCEL .3119900011`:. ALL THAT PORTION .OF TRACT 3, HARRIES .GARDEN HOME TRACTS, ACCO.RDIN.G: TO. THE. PLAT THEREOFRECORDED IN'VOLUME:34.OP PLATS; PAGE 38, IN KING''COUNTY, WASHINGTON; EXCEPT THE. NORTH 50 00. FEET THEREOF, .AND: THAT P:ORTION.:OF THE: NORTH 50 FEET OF TRACT .'2,. HARRIES GARDEN HOME TRACTS,. :ACCORDING TO. THE PLAT THEREOF RECORDED IN. VOLUME 34 OF PLATS, PAGE 38 IN KING COUNTY, WASHINGTON, MORE, 'PARTICULARLY. AS FOLLOWS: 'BEGINNING AT THEWORTHEAST C:ORNER:OF SAID-TRACT2, SAID POINT BEING:ALS'O ON THE WEST MARGIN OF: SUNSET BOULEVARD N.E. (SUNSET' HWY.). AS NOW ESTABLISHED AND,SAID. POINT BEING ANON TANGENT POINT ON A CURVE TO THE LEFT FROM WHICH POINT THE' RADIUS OF SAID CURVE BEARS SOUTH 78023'41" :EAST AT 985.37 FEET;. THENCE ALONG: THE EAST LINE OF SAID TRACT AND ALON:G'SAID; CURVE AND MARGIN, THROUGH A -CENTRAL ANGLE OF.2°57'18' . AN ARG..DISTANCE OF 50.82 FEET TO -A POINT OF NON TANGENCY FROM WHICH POINT THE RADIUS` OF SAID CURVE BEARS SOUTH 81 °20'591- EAST AT 985.37 FEET., SAID; POINT`BEING ALSO: T.HE..SOUTHEAST .CORNER OPTHE SAID:NORT.H :50 FEET OF TRACT 2; THENCE SOUTH 89051'00" WEST, ALONG THE .SOUTH LINE :OF SAID. NORTH 50 FEET,,.185.11 FEET TO THE SOUTHWEST CORNER OFSAID NORTH :50 FEET;, THENCE. NORTH.15°1:0'30" WEST ALONG. THE.INEST LINE OF SAID: TRACTS-2 AND: 3,. A. DISTANCE OF f03.54 FEET TO..THE NORTHWEST CORNER' OF THE SOUTH' 50.00 FEET OF SAID. TRACT 3;. THENCE :NORTH 89051'00" .EAST ALONG THE. NORTH; LINE THEREOF 1:26.55 FEET; THENCE SOUTR00°09'00" EAST 50:00 FEET TO A POINT ON THE NORTH LINE OF SAID TRACT 2; THENCE NORTH'89°51'0.0" EAST ALONG. SAID LINE'94.47 FEET TO THE.POINT OF *BEGINNING... ALSO KNOWN AS LOT 2 OF'CITY`OF RENTON LO:T;LINE ADJUSTMENT NO. LUA 95-154 LLA RECORDED ON N;OVEMBER:116, 1995 AS RECORDING NO. 9511169011,; IN THE OFFICIAL RECORDS OF KING COUNTY, WASHINGTON.