Recorded Stormwater Covenant - Lot 2.pdfAfter recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
i ill III NI' IA ll' NY � ul III NI VI �1911II
201902260095fid�" NSHINGTON
Declaration of Covenant - Private Stormwater Facility
Reference Number(s) of Related Documents
City of Edmonds (permit number)
Grantor(s) (Last, First and Middle Initial)
HIRSCH, DOUGLAS A.
HIRSCH, JAYMIE L.
Grantee(s) (Last, First and Middle Initial)
City of Edmonds
PLN20160012, BLD20171295, ENG2017039
Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter)
LOT 2
THAT PORTION OF TRACT 52, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT
THEREOF IN VOLUME 3 OF PLATS, PAGE 76 IN SNOHOMISH COUNTY, WASHINGTON.
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
PARCEL NUMBER: 00434600005206
- .his Jouverrf so - a CPJeS ( rtsft (.f1/I�.�i4-
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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.
DECLARATION OF COVENANT
Private Stormwater Facility
WHEREAS, the undersigned Declarant(s) have installed one or more stormwater
facilities under Edmonds Community Development Code Chapter 18.30 known as a "low impact
development best management practices (LID BMP)" as selected below:
❑ Permeable Pavement
❑ Rain Garden / Bioretention Cell
❑ Drywell
✓ Infiltration Trench
✓ Other: Pervious aagrcgatc drivewav
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 address: 9304 192nd Street SW 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/themselves/itself and his/her/their/its successors and assigns, as follows:
1. Declarant(s) warrant that he/she/they are the owners of the property described on Exhibit
A and have the authority to impose this covenant on the property and bind all future owners,
successors, and assigns of the Declarant(s). The Declarant(s), future owners, successors,
and assigns of the Declarant(s) shall be referred to collectively as "Owners."
2. The Owners of the Property agree that the Property contains one or more stormwater
management facilities referred to as an "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 cover, minimize impervious surfaces, and specific
practices that help to replicate natural hydrology such as permeable pavements, green
roofs, soil amendments, bioretention systems, and dispersion of runoff.
3. The Owners 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 from 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.
4. The Owners shall inspect LID BMPs annually for physical defects. After major storm
events, the system shall also be checked to ensure that the overflow system is working
properly. The Owners also shall maintain all LID BMPs so they function as designed on a
year-round basis.
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 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
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 to maintain
or repair the same.
6. If the City of Edmonds determines that the LID BMP 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 LID BMP(s), the installation and presence
of the LID BMP(s), and the acts or omissions of the Owners, their officers, employees,
contractors, and agents relating to the construction, operation and maintenance of the LID
BMP(s) 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 LID BMP(s).
8. This covenant shall run with the land and be binding upon the Owners.
9. This unique BMP type, utilizing a porous material without a pavement section, has been
approved as a pilot project by the City of Edmonds. Accordingly, the following special
provisions are added to the standard covenant for drainage facilities:
a. The driveway gravel section shall contain no less than 6" of washed rock
free of fines, no more than 3" of crushed surfacing rock, and not less than
8" combined.
b. Where infiltration rates are impacted and required maintenance, the gravel
surfacing shall be removed from the driveway surfaces completely and
replaced to a depth where (1) negligible fines are observed or, (2) 4"
minimum, whichever is greater.
c. Replaced rock may be the same rock removed from the driveway surface
provided that the rock is completely washed free of fines at an appropriate
location which does not drain back to the driveway surfaces and which
allows for proper management of the sediment laden water in accordance
with Edmonds municipal code before placing the rock back in the driveway
surface.
d. Nothing in this covenant shall restrict the owner from converting the
aggregate driveway to a pervious pavement driveway with proper
permitting. Should the driveway be legally and properly converted to
standard porous pavements, the provisions of Section 9 shall no longer be
binding on the owner.
Dated: *Zf7 20Ei
DECLARANT(S):
(Snat )
(Print N' e)
(Signature)
(Print Name)
State of Washington
ss.
County of Snohomish
APPROVED:
CITY OF EDMONDS
(Signature)
(Print Name)
On this day personally appeared before me 924=w / '00zCLs
{Declarant(s)I to me known to be the individua , or individuals descri bed in and who executed
the within and foregoing instrument, and acknowledged that he/she/they signed the same as
his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN before me this ay of , ^ -/
(S' nature)
Al f ..�, .
_ 6Y�C3� �� . �.U1� � � vV1C�✓l
0 T1 (Name legibly printed or stamped)
0131 Jr. ": Notary Public in and for the State of Washington.
Residing at:
°p '�,;r ,, My commission expires G(-tq-i9
Exhibit A
Legal description
LOT 2
THAT PORTION OF TRACT 52, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76 IN SNOHOMISH
COUNTY, WASHINGTON.
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST SOUTHERLY CORNER OF SAID TRACT 52; THENCE
NORTH 70'39'33" WEST ALONG THE MOST SOUTHERLY LINE THEREOF A DISTANCE
OF 140.21 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH
70'39'33" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 15.82 FEET;
THENCE NORTH 19'41'10" EAST 51.93 FEET; THENCE NORTH 11'34'20" EAST 65.30
FEET; THENCE NORTH 01°16'15" WEST 31.17 FEET TO THE BEGINNING OF A CURVE
TO THE RIGHT HAVING A RADIUS OF 98.00 FEET A RADIAL LINE THROUGH SAID
POINT BEING SOUTH 66°59'39" WEST; THENCE ALONG THE ARC OF SAID CURVE
PASSING THROUGH A CENTRAL ANGLE OF 14'36'59" AN ARC DISTANCE OF 25.00
FEET; THENCE SOUTH 64'15'39" EAST 117.83 FEET; THENCE SOUTH 18'18'13"
WEST 104.77 FEET; THENCE SOUTH 79°19'40" WEST 56.87 FEET; THENCE NORTH
70°18'50" WEST 20.00 FEET; THENCE SOUTH 19`14'10" WEST 20.00 FEET TO THE
TRUE POINT OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Exhibit B
Site Plan
INFILTRATION TRENCH.
SEE DETAILS PACE 2
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1917 SF PERVIOUS
AGGREGATE DRIVEWAY -
BYPASS INFILTRATION SYSTEM C9 x
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496 SF IMPERVIOUS
BYPASS SPHALTRATT[DWi S Slpd
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A> SITE PLAN