RECORDED-20150609.pdfCA
After recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
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896PGS
016 934am 7800SH COUNTY, NSHINGTON
Document Title(s)
Declaration of Covenant - Private Stormwater Facility
Reference Number(s) of Related Documents
BLD20150609
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, quarter/quarter)
FOURTNERS HOMESTEAD PLAT BLK 012 D-07 - N 70FT OF W 120FT BLK 12
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
00450701200007
I he 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.DOC,1\00006.900170\ )
DECLARATION OF COVENANT
Private Stormwater Facility
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:
1 Permeable Pavement ❑
Rain Garden / Bioretention Cell ❑
❑ Infiltration Trench
Drywell
Gravelless Chamber
Other
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: ZZ H O ( a S art AaE 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/themselves/itself and his/her/their/its successors and assigns, as follows:
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 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 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.
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 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 of the property described on Exhibit A 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
BMP so it functions 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 of the property described on Exhibit A 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, the installation and presence
of the LID BMP, and the acts or omissions of the Owners, their officers, employees,
contractors, and agents relating to the construction, operation and maintenance of the LID
BMPs 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 BMPs.
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.
DECLARANT:
(Signature) z
(Print Name)
State of Washington
ss.
County of Snohomish
APPROVED
CITY OF EDMONDS
(Signatu
(Print Name)
(Title)
On this day personally appeared before mel m D4 r 1 l,j I 'S- GykU Or— (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.
� Q
SUBSCRIBED AND SWORN before me this �� day of O—, O " ��- X01 S
Notary Public
State of Washington
ALLISON D SWEENEY
My Appointment Expires Dec 2, 2018
{ KNE777486. DOC; 1 \00006.900170\ }
(Signature) �
(Name legibly printed or stamped)
Notary Public in and for the State of Washington.
Residing at:��f��'
My commission expires
EXHIBIT A
LEGAL DESCRIPTION
THE NORTH 70 FEET OF THE WEST 120 FEET CIM TRACT 12, FOURTNEWS HOMESTEAD
PLAT, ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 1, OF PLATS, PACE 97,
RECORDS OF SNOT OMISH COUNTY, WASHINGTON;
SITUATE IN THE COUNTY OF SNOROMIS11,STATE OF WASHINGTON.
Exhibit A obtained from document recorded under recording number 200906250589 subject to change
upon title examination.
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