RECORDED STORMWATER COVENANT.pdfAfter recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
11111111111111111111111111 INIII
1010812018 i:50�m N04,00
Declaration of Covenant - Private Stormwater Facilities
Reference Number(s) of Related Documents
City of Edmonds Permit BLD20161610
Grantor(s) (Last, First and Middle Initial)
Select Homes, Inc.
Grantee(s) (Last, First and Middle Initial)
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section,. township, range, quarter/quarter)
SECTION 24 TOWNSHIP 27 RANGE 3 QUARTER SW
CITY OF EDMONDS BLK 086 D-01 LOTS 23 & 24
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
00434208602301
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.
Stonnwater LID covenant Page I of 6
DECLARATION OF COVENANT
Private Stormwater Facility
WHEREAS, the undersigned Declarant(s) have installed one or more stormwater
facilities that use soil infiltration to manage the stormwater runoff from said property known as a
"low impact development best management practices (LID BMP)"; and
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: 753 Bell Street 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/theirselves/itself and his/her/their/its successors and assigns, as follows:
1. Declarant(s) warrant that he/she/they are the owner 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 described on Exhibit A agree that the property contains a
stormwater management facility/facilities called a "LID BMP," 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, infiltration and bioretention systems, and dispersion of
runoff.
3. The Owners of the property described on Exhibit A shall maintain the size, placement,
and design of the LID BMP(s) 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(s) is located. All costs of maintenance and repair shall be
the sole responsibility of the Owners.
4. The Owners of the property described on Exhibit A shall inspect LID BMP(s) 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 the LID
BMP(s) so it functions as designed on a year-round basis.
Stormwater LID covenant Page 2 of 6
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/facilities. If, as the result of any such
inspection the City of Edmonds determines that the LID BMP(s) 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 LID BMP(s) 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 and operation of said LID BMP(s).
8. This covenant shall run with the land and be binding upon the Declarant(s), as the owners
of the property described on Exhibit A, and on Declarant's successors and assigns as to
such property.
Stonmvater LID covenant Page 3 of 6
Dated:�7'k Mbc.,- 7 �< ZU)k
DECLARANT(S):
APPROVED:
CITY OF EDMONDS
(Signature) (- ignature)
VVA�C�p
(Print Name) (Print Name)
(Signature)
(Print Name)
State of Washington
ss.
County of Snohomish
�/t-Y'�Ii�t�.�f/UC7 T�zlfiDJiC;II•�N
(Title)
On this day personally appeared before me
{Declarant(s)} to me known to be the individual, or individuals describe'A in Aid 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 �� day of 2016
�����, �VLASr�IT�''•i, . (Signat e)
.' (Name legibly printed or stamped)
_ COMM.r Notary Public in and for the State of Washington.
• �'j Residin at: Lv v�nc„a
-'0. L • • • •. •� ►,�,aA�fi My commission expires 9
Stormwater LID covenant Page 4 of 6
Exhibit A
(Property Legal Description)
LEGAL DESCRIPTION
LOT 23 AND 24, BLOCK 86, CITY OF EDMONDS, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 39, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
.
Stormwater LID covenant Page 5 of 6
Exhibit B
N
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ALLEY
753 BELL
STREET
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INFIL 77?A77ON
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DRY WELL
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BELL ST
Stonnwater LID covenant Page 6 of 6