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Draft covenant.pdfAfter recording return to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 M Grantor(s) (Last. First and Middle Initial) T Grantee(s) (Last, First and Middle Initial) IBM= -1&gZ,L'j'!escrij4W, breviated f*rm: i.e.- lot. glat or section.. lownshin. range. guarter/ijuarter' Assessor's Property Tax Parcel/Account Number at the Time of Recording: I The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. WHEREAS, the undersigned Declarant(s) have installed a stormwater facility under Edmonds Community Development Code Chapter 18.30 known as a "low impact development best management practices (LID BMP)" in lieu of other required more conventional stormwater systems, as selected below: Q rywell Permeable Pavement CJ D Ll Gravelless Chamber Ll Rain Garden/ Rinretention Cell 1)4 Other Qii 'T LJ Infiltration Trench WHEREAS, the City of Edmonds has allowed installation of the LID BMP, subject to the execution and recording of this Declaration of Covenant; NOW, THEREFORE, THE UNDERSIGNED DECLARANT(S), being the owners of the real property ("the Property") located at the following 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/tliemselves/itself and his/her/their/its successors and assigns, as follows: I Declarant(s) warrant that he/she/they are the owners of the property described on Exhib I . I It rl I A and have the authority to impose this covenant on the property and bind a utu owners, successors, and assigns of the. Declarant(s). The Declarant(Q1, future owne.1 successors, and assigns of the Declarant(s) shall be referred to collectively as "Owners." 1 The Owners of the property described on Exhibit A agree that the property contains a stormwater management facility called a "LID BMP," 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. "Low impact development" means development conducted in a way that seeks to minimize or completely prevent alterations to the natural hydrology of the site. Low impact development includes site planning and design to reduce alterations of natural soil and vegetation covet-, minimize impervious surfaces, and specific practices that help to replicate natural hydrology such as permeable pavements, green rloofss, soil -amendments, bioretention systems, .-nd-dispersion oft-unoff. 1 The Owners of the property described on Exhibit A shall maintain the size, placement, and design of the LID BMP as depicted on the approved site plan, Exhibit B, and design details shall be maintained and may not be changed without written approval either the Engineering Division of the City of Edmonds or through a future development permit from the City of Edmonds. Chemical fertilizers and pesticides shall not be used where LID BMP is located. . All costs of maintenance and repair shall be the sole responsibility of the Owners. it. The Owners of the property b. physicalects.majorormeve nts, the system shall also be checked to ensure that the overflow system is working property. The Owners also shall maintain all LID • so it functions as designed basis. hereby5The City of Edmonds is - Owners the right, but - obligation, repair,enter upon the property described on Exhibit A at all reasonable times for the purpose of inspecting the private stor-mwater LID BMP facility. If, as the result of any such inspection the City of Edmonds determines that the LID BMP is in disrepair, requires maintenance or the City Engineer or his designee shall have the right, but not the obligation, to the Owners- --d on Exhibit A to maintain or repair the same. 6. If the City of Edmonds determines that the LID BMP requiresrepair pursuant to Section 5, - City of Edmonds., notice to the Owners of the repairdeadline within which such maintenance or must be completed, Said notice , further advise that, should the violator fail to pet -form required maintenance or .. repairs within the established deadline, the work may be done by Engineerdesignated by the City and the expense thereof shall be charged officers,The City's *-employees,4 contractors shall have the right, which is herebygranted by the Owners, to enter r property to perform such work. The Owners shall bear the cost of all work performed. 7The Owners shall indemnify, defend and hold harmless the City of Edmonds, its officers, employees and agents from any anall claims, demands, suits, penalties, losses, and/ordamages, judgments, attorneys' fees whatsoever, or in any way resulting from the approval of the LID BMP, the installation and presence of the LTD BMP, and ., ,.cts or omissions of the Owners, relatingcontractors, and agents p` �t ■ r on the property, except for thetortiousacts,d 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 i 8. This covenant shall run with the land and be binding upon the Declarant(s), as the owner of the property described on Exhibit A, and on Declarant's successors and assigns as to such property. C� — I Dated- 1 � _ / �..�.. .....m� ... _.., ....... ...,.. ,.......... C. nature) (PrintName) W Cam" .�.. . (Signature) w�..� � r` al (Print Name) MEMMAMM 4 1 M APPROVED: (: sir �o .... 6 (Print Name) (Title) On this day personally appeared 1`i1 "' i 1 me known to 1' the individual, or in#ivi1 a s described in and who executed the within 1 foregoing instrument, and acknowledgedsigned the same a. his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN before me this day of ,:�,� , 2019 � A � ..... .... .. ......- ( DAN JONESr Notary Public (Name legibly printed or stamped) State of Washington My Appointment Expires Jul 29, 2020 Notary Public i at for tet;rt;te of Washington. Residing at:.,,,,, My commission expires e ����� N EXHIBIT A LOT A, CITY OF EDMONDS SP 8-1-75, RECORDED JUNE 27, 1975 UNDER RECORDING NUMBER 2393256. SAID SHORT PLAT BEING AN AMENDMENT OF SHORT PLAT RECORDED APRIL 14, 1975 UNDER RECORDING NUMBER 2381454, BEING A PORTION OF GOVERNMENT LOT 3, SECTION 13, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., IN SNOHOMISH COUNTY, WASHINGTON. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.