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Home My WebLink AboutCAG2023-344 - Supplement - 6329 South 212, LLC - Hawthorne Declaration of Stormwater Facility Maintenance Covenant - 06/14/2023 6/15/23,8:36 AM Landmark Web Official Records Search Instrument Number:20230614000101 Document:COV Rec: S208.50 Page-1 of 6 Record Date:6/14/2023 8:59 AM Electronically Recorded King County,WA WHEN RECORDED RETURN TO: City of Kent 220 Fourth Avenue South Kent, Washington 98032 Attn: City Clerks Office Grantor: 6329 SOUTH 212 LLC Grantee: Qty of Kent Abbreviated Legal Description: A PORTION OF SW 1/4 OF THE NE 1/4 OF SECTION 11, TOWNSHIP 22 N., RANGE 04 E., W.M. CITY OF KENT, KING COUNTY, WASHINGTON Additional Legal Description on page 5 of Document. Assessor Parcel No. 112204-9082 STR: Project Name: Astral Apartments (Permit No. KIVA #RECC-2223152) DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT IN CONSIDERATION OF THE City of Kent ("City") approval for: 6329 SOUTH 212 LLC located at 6329 S 212th St, Kent, WA 98032 relating to real property legally described as follows: See attached Exhibit"A" The undersigned Grantor(s) declares that the above-described property("Property")is subject to a privately maintained stormwater drainage, detention, and/or stormwater DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT- Page 1 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 1/6 6/15/23,8:36 AM Landmark Web Official Records Search Instrument Number:20230614000101 Document:COV Rec: $208.50 Page-2 of 6 Record Date:6/14/2023 8:59 AM King County,WA treatment system (the "Stormwater Facilities"), and also covenants and agrees as follows: DUTIES OF GRANTOR(S): 1. Grantor(s) shall regularly inspect and maintain/repair the private Stormwater Facilities on the Property in accordance with the standards specified in the City of Kent Stormwater Design Manual ("KSWDM"), specifically including Appendix A ("Maintenance Requirements for Privately Maintained Drainage Facilities"), as now collectively enacted or hereafter amended, which are incorporated by this reference as if fully set forth herein. 2. Grantor(s) shall inspect the Stormwater Facilities as often as conditions require to meet the standards specified by the KSWDM, but in any event at least once each year. Grantor(s) shall, within four weeks after each inspection, maintain/repair the Stormwater Facilities as required by the KSWDM. 3. Grantor(s) shall incnart Parh PlPment of the Stormwater Facilities whenever the City's Public Works Director ("Director"), in his/her sole discretion, determines that, pursuant to the KSWDM, unacceptable conditions exist within or adjoining to the Stormwater Facilities. Similarly, the Director, in his/her sole discretion, may require the Grantor(s) to complete the maintenance/repair of the Stormwater Facilities within a shorter time period than allowed in Section 2, above. 4. Grantor(s), in effecting this maintenance/repair, shall restore the Stormwater Facilities to an acceptable condition to the extent listed and/or described in the KSWDM. 5. Grantor(s) is hereby required to obtain written approval (not to be unreasonably withheld, conditioned or delayed) from the Director prior to grading, filling, piping, cutting or removing vegetation (except for routine and minor landscape maintenance) in open vegetated drainage facilities (such as biofiltration swales, channels, ditches, ponds, etc.) or performing any alterations or modifications to the Stormwater Facilities. Grantor(s) shall obtain all necessary permits and provide all required land surveys as required by the Kent City Code and state and federal laws. 6. Grantor(s) is hereby required to keep free all debris, including preventing materials stored outside from leaking, spilling, or being dumped in the stormwater system, or that may collect on top of, or in, roof downspout infiltration systems, yard drains with overflow, or any dry well, grated drain cover, catch basin or infiltration system, if any, located within the Property. 7. Grantor(s) shall assume all responsibility for the implementation and cost of any maintenance and/or repairs to the Stormwater Facilities. DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT— Page 2 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 2/6 6/15/23,8:36 AM Landmark Web Official Records Search Instrument Number:20230614000101 Document:COV Rec: $208.50 Page-3 of 6 Record Date:6/14/2023 8:59 AM King County,WA RIGHTS OF THE CITY: 1. The City shall have ingress and egress rights to the portion of the Property containing the Stormwater Facilities for inspection and monitoring of the Stormwater Facilities in order to determine that performance, operational flows, and/or absence of defects in the Stormwater Facilities, are in accordance with the KSWDM. The City shall provide at least forty-eight (48) hours' advance written notice to Grantor(s) prior to entering the Property, except in the event of an emergency when no notice is required. 2. If the City determines that, pursuant to the KSWDM, the Stormwater Facilities require maintenance and/or repair work,the Director shall deliver written notice to the Grantor specifically describing the required maintenance and/or repair. The notice shall also set a reasonable time in which Grantor must complete the described work. The notice shall also state that the City or its authorized agent may perform the authorized maintenance and/or repair if the Grantor(s) fails to complete the maintenance and/or repair within the time allowed. 3. If the Grantor(s) does not complete the required maintenance and/or repair within the time allowed as set forth in the Director's notice, the City or its authorized agent will not commence the maintenance and/or repair work described in the Director's notice until at least seven (7) calendar days after the expiration of the time allotted to Grantor to make the maintenance and/or repair. However, if the Director determines, at his or her sole discretion, that an imminent danger exists, the City's obligation to provide written notice shall be deemed waived, and the City or its authorized agent may immediately begin the required maintenance and/or repair work. 4. If the City or its authorized agent performs the required maintenance and/or repairs to the Stormwater Facilities, Grantor(s) shall reimburse the City all its costs incurred in completing the maintenance and/or repairs within thirty (30) calendar days of Grantor's receipt of the City's invoice for that work, accompanied by supporting evidence of the costs being billed. Overdue payments shall accrue interest at the rate of twelve percent (12%) per annum. 5. If the Director determines, in his/her sole discretion, that the Stormwater Facilities, if originally constructed in accordance with the City's approved design, need further modifications, Grantor(s) authorize the City to enter the portion of the Property containing the Stormwater Facilities in order to make these modifications at the City's cost, provided the City provides at least thirty (30) days' advance written notice to Grantor(s) specifically describing the planned modifications. In no event shall the City be entitled to relocate or expand the DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT— Page 3 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 3/6 6/15/23,8:36 AM Landmark Web Official Records Search Instrument Number:20230614000101 Document:COV Rec: $208.50 Page-4 of 6 Record Date:6/14/2023 8:59 AM King County,WA Stormwater Facilities. Following any such modifications, the City shall restore the surface of the Property impacted by the City's Work to the condition existing immediately prior to such work. This provision does not apply to modifications required by further development permit applications by Grantor(s). Any notice or consent required to be given or otherwise provided for by the provisions of this agreement shall be effective either upon personal delivery or three (3) calendar days after mailing by Certified Mail, return receipt requested. This Covenant is intended to protect the value and desirability of the property described above, including the larger parcel(s), if any, benefited by the Stormwater Facilities. Further, this Covenant shall be a covenant running with the land forever and be binding upon the Grantor, its heirs, successors and assigns. [signature page follows] DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT— Page 4 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 4/6 6/15/23,8:36 AM Landmark Web Official Records Search Instrument Number:20230614000101 Document:COV Rec: $208.50 Page-5 of 6 Record Date:6/14/2023 8:59 AM King County,WA GRANTOR(S) 6329 SOUTH 212 LLC, a Washington limited liability company 60 BV: (Sign) (Date) Kelli Jo Norris, orized Signatory (Print Name) 2801 Alaskan Way,Suite 310 (Address) a_t l ,WA 98121 STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this _ _ day of_ , 20 3, before me a Notary Public in and for the State of Washington, personally appeared _gerrcetri _to me known to be the Manager of 6329 SOUTH 212 LLC, a)Washington limited liability company, that executed the foregoing instrument, and acknowledged it to be the free and voluntary act of said corporation,for the uses and purposes mentioned in this instrument,and on oath stated that they were authorized to execute said instrument. -Notary Seal Must Appear Within This Box- IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year first above written. QNotar publicr � i Name) _ Notary public � state Of Washington NOTARY PUBLIC, in a for the State Cot" Issfon#20110697 of Washington, residing at S +�y CoMrn.IwxpireS jVi 31. Z024 My appointment expires 2�._�� DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT — Page 5 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 5/6 6/15/23,8:36 AM Landmark Web Official Records Search Instrument Number:20230614000101 Document:COV Rec: $208.50 Page-6 of 6 Record Date:6/14/2023 8:59 AM King County,WA EXHIBIT A: Legal Description The land referred to herein below is situated in the County of King, State of Washington, and is described as follows: Parcel A: Lot 2 of City of Kent Short Plat No. SPC-89-10 (Van Doren's Landing II, SP-89-10), recorded under recording no. 8910241400, in King County, Washington. Parcel B: A non-exclusive easement (access easement) for pedestrian and vehicular access, ingress and egress as established under recording nos. 8907281973 and 9806102034. Parcel C: A non-exclusive easement(Bioswale Easement and Maintenance Agreement) for storm water drainage as established under recording no. 20040220000379. DECLARATION OF STORMWATER FACILITY MAINTENANCE COVENANT— Page 6 https://recordsearch.kingcounty.gov/LandmarkWeb/search/index?theme=.blue&section=searchCriteriaParcelld&quickSearchSelection=# 6/6