20140325114942678.pdfAfter recording return to:
City Cleric
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stormwater Facility
Deference Number(s) of Related Documents
BLD20131301
Grantor(s) (Last, First and Middle Initial)
Grantee(s) (Last, First and Middle Initial)
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section,. township, range, gaarter/quarter)
Oscar E Jensens Seattle Sub Trs Blk 006 D-00 Lot 5
11
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
00481600600500
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.
(KNE777486.110C1\00006.900170\ )
DECLARATION OF COVENANT
Private Stormwater Facility
WHEREAS, the undersigned Declarant has installed a stormwater facility known as a
"rain garden" in lieu of other required more conventional stormwater systems; and
WHEREAS, the City of Edmonds has allowed installation of the rain garden as an
infiltration facility, subject to the execution and recording of this Declaration of Covenant;
NOW, THEREFORE,
THE UNDERSIGNED DECLARANT, being the owner of the real property ("the
Property") located at the following address: 19110 80t" Ave W
in the City of Edmonds,
Washington, and legally described on Exhibit A attached hereto and incorporated herein by this
reference as if set forth in full, hereby covenants and agrees, on behalf of himself/herself/itself
and his/her/its successors and assigns, as follows:
1. Declarant warrants that he/she 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 a "rain garden," 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. Rain gardens, also known as
"bioretention," are vegetated closed depressions or ponds that retain and filter stormwater
from an area of impervious surface or non-native pervious surface. The soil in the rain
garden has been enhanced to encourage and support vigorous plant growth that serves to
filter the water and sustain infiltration capacity. Depending on soil conditions, rain
gardens may have water in them throughout the wet season and may overflow during
major storm events.
3. The Owners of the property described on Exhibit A shall maintain the size, placement,
and design of the rain garden as depicted on the approved site plan, Exhibit B, and
design details 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. Plant materials may be changed to suit
individual preferences, but chemical fertilizers and pesticides must not be used. Mulch
may be added and additional compost should be worked into the soil over time. All costs
of such maintenance and repair shall be the sole responsibility of the Owners.
4. The Owners of the property described on Exhibit A shall inspect rain gardens annually
for physical defects. After major storm events, the system shall also be checked to ensure
that the overflow system is working properly. If erosion channels or bare spots are
{KNE777486.DOC;1\06006.900170\ }
evident, they shall be stabilized with soil, plant material, mulch, or landscape rock. A
supplemental watering program may be needed the first year to ensure the long-term
survival of the rain garden's vegetation. The Owners also shall maintain vegetation as
follows: 1) replace all dead vegetation as soon as possible; 2) remove fallen leaves and
debris as needed; 3) remove all noxious vegetation when discovered; 4) manually weed
without herbicides or pesticides; 5) during drought conditions, use mulch to prevent
excess solar damage and water loss.
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 rain garden facility. If, as the result of any such
inspection the City of Edmonds determines that the rain garden 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 rain garden 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 within 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 rain gardens, the installation and
presence of the rain gardens, and the acts or omissions of the Owners, their officers,
employees, contractors, and agents relating to the construction, operation and
maintenance of the rain gardens on the property, except for the City's intentional and
willful tortious acts, and 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 rain gardens.
8. 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.
Dated: !
{KNE777486.DOC;1\00006.900170\ }
DECLARANT:
(Signature)
(Print Name)
State of Washington
M
County of Snohomish
APPROVED
CITY OF EDMONDS
(Signature)
(Print Name)
(Title)
On this day personally appeared before me o MJ&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 f day o2P
fl AA 'I
OF L
(Signature)
Ct A- t C-3
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CC - (Name legibly printed or stamped)
PU B OCI Notary Public in and for the State of Washington.
Residing at: t--ynyj Wdr
o0- iT/1' �r W� S My commission expires , Wj Cif'//111111111\0
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