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After recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
201512230545 pGT,
PGS1223/20118r NASHOMISH COUNT 0IN
Document Title(s) Rif— Recof-d +0
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Declaration of Covenant - Private Stormwater LID Measure
Grantor(s) (Last, First and Middle Initial)
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City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section,. township, range, quarter/quarter)
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Assessor's Property Tax Parcel/Account Number at the Time of Recording:
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The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verity the accuracy or
completeness of the indexing information provided herein.
KNE777486-DOC; 1100006.900170\ )
Pri vate Stormwater Facility
WHEREAS, the undersigned Declarant has installed a stormwater runoff reduction
method known as "permeable pavement" in lieu of other required, more conventional
stormwater systems; and
WHEREAS, the City of Edmonds has allowed installation of the permeable pavement as
a runoff reduction method, subject to the execution and recording of this Declaration of
Covenant; NOW, THEREFORE,
THE UNDERSIGNED DECLARANT, being the owner of the real property ("the
oca'ed t the fo" * address:
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"2� in the City of
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herein by is reference as set Olt In y covenants and agrees, on behalf of
ims If er elflitself his erlits successors
e 1h and s, as follows:
Declarant warrants that he/she/it is the owner of the property described on Exhibit A and
has the authority to impose this covenant on the property and bind all future owners,
successors, and assigns of Declarant. The Declarant, future owners, successors, and
assigns of the Declarant shall be referred to collectively as "Owners."
2. The Owners of the property described on Exhibit A agree that the property contains a
stormwater management BMP (best management practice) called "permeable pavement,"
which was installed to mitigate the stormwater quantity and quality impacts of some or
all of the impervious or non-native pervious surfaces on the property. Permeable
pavement is a paving system that allows rainfall to percolate into an underlying aggregate
storage reservoir where stormwater is stored and infiltrated to the underlying soil. A
permeable pavement system consists of a pervious wearing course (e.g., porous asphalt,
pervious concrete paver blocks, concrete open celled paving grids, or plastic lattices filled
with turf or stone) and an aggregate sub -base course installed over native soil. The
permeable pavement BMP described here is designed to manage only the water that falls
upon it, and is not intended to take stormwater run-on from other areas.
3. The Owners of the property described on Exhibit A shall maintain the size and
placement of the permeable pavement as depicted on the approved site plan, attached
hereto as Exhibit B and incorporated herein by this reference, and the size and placement
shall be maintained and may not be changed without written approval either from the
Engineering Division of the City of Edmonds or through a future development permit
from the City of Edmonds. Permeable pavement materials may be changed with other
permeable pavement materials to suit individual preferences but it may not be replaced
with an impervious surface material. If, due to replacement or repair of utilities,
permeable pavement is removed, those materials shall be replaced with a permeable
pavement material. . All costs of such maintenance and repair shall be the sole
responsibility of the Owners.
(KNE777486.DOC; 1 W0006.9001701 )
4. The Owners of the property described on Exhibit A shall inspect the permeable pavement
annually for physical defects. After major storm events, the system shall also be checked
to ensure that the overflow system is working properly.
5. The City of Edmonds is hereby granted by the Owners the right, but not the obligation, to
enter upon the property described on Exhibit A at all reasonable times for the purpose of
inspecting the private stormwater permeable pavement runoff reduction method. If, as the
result of any such inspection, the City of Edmonds determines that the permeable
pavement is in disrepair, requires maintenance or repair, or is otherwise not functioning
as provided in the BMP site plan, the City Engineer or his designee shall have the right,
but not the obligation, to order the Owners of the property described on Exhibit A to
maintain or repair the same.
6. If the City of Edmonds determines that the permeable pavement requires maintenance or
repair pursuant to Section 5, the City of Edmonds shall provide notice to the Owners of
the deadline within which such maintenance or repair must be completed. Said notice
may further advise that, should the violator fail to perform required maintenance or make
repairs by the established deadline, the work may be done by the City or a contractor
designated by the City Engineer and the expense thereof shall be charged to the Owners.
The City's officers, agents, employees, and contractors shall have the right, which is
hereby granted by the Owners, to enter upon the property described on Exhibit A in order
to perform such work. The Owners shall bear the cost of all work performed.
7. The Owners shall indemnify, defend and hold harmless the City of Edmonds, its officers,
officials, employees and agents from any and all claims, demands, suits, penalties, losses,
damages, judgments, attorneys' fees and/or costs of any kind whatsoever, arising out of
or in any way resulting from the approval of the permeable pavement; the installation and
presence of the permeable pavement; and the acts or omissions of the . Owners, their
officers, employees, contractors, and agents relating to the construction, operation and
maintenance of the permeable pavement on the property, except for the City's intentional
and willful tortious acts. In addition, Owners hereby waive and release the City of
Edmonds from any and all claims for damages and injunctive relief which the Owners
may themselves have now or in the future, by reason of the construction, maintenance
and operation of said permeable pavement.
This covenant shall run with the land and be binding upon the Declarant, as the owner of
the property described on Exhibit A, and on Declarant's successors and assigns as to such
property.
7
[KNE777486.DOC; 1100006.900170\)
0, A
(Print Name)
State of Washington
ss.
County of Snohomish
"a
(Sign tur
, 6
(Print Name)
('Title)
On this day personally appeared before me (Declarant) to me
known to be the individual, or individuals described in and who executed the within and
foregoing instrument, and acknowledged that he, she or they signed the same as his, her or their
free and voluntary act and deed, for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN before me this qday of 20
(Signa ure)
Notary Public
State of Washington
NAM MAI
My Appointrnent Expires Jan 14, 2017
(KNE777486DOC; 1 \00006.900170\ I
(Name legibly printed or stamped)
Notary Public in and for the State of Washington.
Residing at:
My commission expires
NNE -
Exhibit A
LEGAL DESCRIPTION
THE WEST 100 FEET OF THE NORTH 216 FEET OF TRACT 4,
SOLNER'S FIVE ACRE TRACTS, ACCORDING TO THE PLAT THEREOF
RECORDED IN VOLUME 7 OF PLATS, PAGE 25, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON, SITUATED IN THE COUNTY OF SNOHOMISH,
STATE OF WASHINGTON
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