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20080826144422.pdfAfter recording return to: City of Edmonds City Clerk's Office 121 5th Avenue North Edmonds, WA 98020 200808250542 CONFORMED COPY5 PGS OMScfJ�46,00SNOHIH jGiON Document Title(s) Rainwater Harvesting Siem Notice and Covenant Reference Number(s) of Related Documents Grantor(s) (Last, First and Middle Initial) Pu get_ Consumers Co-op, a Washington non -7 profit corporation Grantee(s) (last. First and Middle initial) ECOVED 906 City of Edmonds Snohomish County,Washington 99 �� ff4 DEPT. Bf6 UIL lIQ EPT. Legal Description (abbreviated form; ix., lot, plat or section,_ township, range, quarter/quarter) Parcel 1: THAT PORTION OF THE NW 1/4 OF THE NW .114 OF THE NE 114 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST W_M_, IN SNOHOMISH COUNTY, WASHINGTON; — Parcel 2: THAT PORTION OF THE NW 1/4 OF THE NW 1/4 OF THE NE 1/4 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST W_M., IN SNOHOMISH COUNTY, WASHINGTON; ... Assessor's Property Tax Parcel/Account Number at the Time of Recording: 27033600107700 Recording Requested by And When Recorded Mail To: KENNETH A. BLOCH Wolfstone, Panchot & Bloch, P.S., Inc. 1111 Third Avenue, Suite 1800 Seattle, Washington 98101 Document Title RAINWATER HARVESTING SYSTEM NOTICE AND COVENANT Grantor: PUGET CONSUMERS CO-OP, a Washington non-profit corporation Grantee: CITY OF EDMOND& Assessor's Tax Parcel ID#: 27033600107700 RAINWATER HARVESTING SYSTEM NOTICE AND COVENANT THIS NOTICE AND COVENANT made this 20°1i day of August, 2008, by Puget Consumers Co- op, a Washington non-profit corporation ("PCC"), whose address is 4201 Roosevelt Way N.E., Seattle, Washington 98105. RECITALS WHEREAS, PCC is the sub -lessee of the Lessee's entire interest in two separate ground leases of real property in the City of Edmonds, County of Snohomish; State of Washington, which property is legally described in Exhibit A attached hereto (the "Premises"); WHEREAS, PCC is in the process of installing a Rainwater Harvesting System in according with the plumbing policy and permit procedures of the City of Edmonds; WHEREAS, the Rainwater Harvesting System will be used by PCC to serve only its indoor. toilets and all of its exterior landscaping; WHEREAS, PCC is required to maintain the Rainwater Harvesting System pursuant to the requfirements o€ the uniform plumbing code as adopted by the City of Edmonds, including installation and maintenance of a backflow protection system; WHEREAS, the abandonment or removal of the Rainwater Harvesting System requires permits andapproval from the City of Edmonds. 1BFP703461.D0Q 1100006.90000011 Rainwater Harvesting System Notice and Covenant - 1 NOW, THEREFORE, in consideration of the right to install and use a Rainwater Harvesting System on the premises, PCC does hereby covenant as follows: 1. The Rainwater Harvesting System installed by PCC shall comply with all of the installation requirements of the City of Edmonds and shall include the installation of a back flow protection system; and, 2. The Rainwater Harvesting System and back flow protection system installed by PCC on the premises shall at all times be maintained in accordance with the policies and procedures of the plumbing code of the city of Edmonds; and, 3_ PCC shall not abandon nor remove the Rainwater Harvesting System from the Premises without the approval of the City of Edmonds and issuance of the requisite permits. 4. PCC shall not relinquish its right to occupancy of the Premises without first removing the Rainwater Harvesting System from the Premises in accordance with Paragraph 3 above or alternatively contractually requiring the next occupant to be bound by all of the terms of this Notice and Covenant. 5. Should PCC abandon or remove the Rainwater Harvesting System from the Premises without the approval of the City of Edmonds or issuance of the requisite permits, or relinquish its right to occupancy of the Premises without first removing the Rainwater Harvesting System from the Premises in accordance with Paragraph 3 above or alternatively without contractually requiring the next occupant to be bound by all of the terms of this Notice and Covenant, PCC shall pay the City of Edmonds One Hundred Dollars ($100.00) per full or partial day commencing on the 31" day after receipt by PCC of written notice of the deficiency and an opportunity to cure, that the Rainwater Harvesting System is not removed from the Premises with the approval of the City of Edmonds and requisite permits as reimbursement for the City of Edmonds' administrative expenses of pursuing compliance with Paragraphs 3 and/or 4 of this- agreement. The. aforementioned One Hundred Dollar per day payment by PCC to the City of Edmonds for breaching the terms of Paragraph 3 and/or 4 shall be in addition to, not in lieu of, any and all other compensatory damages that the City of Edmonds may be entitled to under the law. DATED the day and year first above written. PUGET CONSUMERS CO-OP, a Washington non-profit corporation By: Its: C AGREED AS TO FORM: CITY OF ED By: - - Its:. (BFP70346 LD0C, t/0000G.900000/) Rainwater Harvesting System Notice and Covenant- 2 STATE OF WASHINGTON ) ss. COUNTY OF ) I CERTIFY that I know or have satisfactory evidence that bandy Lee is the person who appeared before me, on oath stated that he was authorized to execute the instrument, acknowledged himself as the CFO of PUGET CONSUMERS CO-OP, and he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the instrument. DATED: August 20, 2008 SHARON A. CHA DLER NOTARY PUBLIC STATE OF WASHfNGTON COMMISSION EXPIRES JANUARY 19, 2012 Sharon Chandler NOTARY PUBLIC in and for the State of Washington, residing at King County My appointment expires , L {BFP703461.D0C;1/00006.4000004 Rainwater Harvesting System Notice and Covenant - 3 PARCEL I THAT PORTION OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST W.M., IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE SOUTH 0051'04" WEST ALONG THE WEST LINE OF SAID SUBDIVISION, 210.00 FEET; THENCE SOUTH 8845'18' EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 37.50 FEET TO THE EAST MARGIN OF 100T" AVENUE WEST AND THE TRUE POINT OF BEGINNING; THENCE: SOUTH 0051'04" WEST ALONG SAID EAST MARGIN, 119.83 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE. NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION; THENCE SOUTH 88044'17" EAST ALONG SAID NORTH LINE, 292.12 FEET TO THE SOUTHEAST CORNER OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4; THENCE NORTH 00040'16" EAST" 179.92 FEET; THENCE NORTH 88045'18` WEST 160.01 FEET; THENCE SOUTH 00040'16" WEST 60.00 FEET; THENCE NORTH 8845'18' WEST 131.73 FEET TO THE TRUE POINT OF BEGINNING; PARCEL 2: THAT PORTION! OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 36, TOWNSHIP 27 NORTH, RANGE 3 EAST W_M_, IN SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION; l THENCE SOUTH 00051'04' WEST ALONG THE WEST LINE OF SAID SUBDIVISION, 210.00 FEET; THENCE SOUTH 88°45'18' EAST PARALLEL TO THE NORTH LINE OF SAID SUBDIVISION, 37.50 FEET TO THE EAST MARGIN .OF 100"' AVENUE WEST; THENCE SOUTH 00°51'04` WEST, ALONG SAID EAST MARGIN, 119.83 FEET TO THE NORTH LINE OF THE SOUTH 1/2 OF THE NORTHWEST 1/4 OF THE NORTHWEST 1/4 OF THE NORTHEAST 114 OF SAID SECTION AND. THE TRUE .POINT O BEGINNING;