ENG-COVENANT-BLD20191013After recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stormwater Facility
Reference Number(s) of Related Documents
City of Edmonds (permit number) BLD2019-1013
Grantor(s) (Last, First and Middle Initial)
Echelbarger Homes & Land, LLC
Grantee(s) (Last, First and Middle Initial)
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter)
Lot 1, City of Edmonds Subdivision, PLN20170028,
Recorded under AFN 20195205001, Snohomish County,
Washington.
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
01187000000100
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
❑
Infiltration Trench
❑
Rain Garden / Bioretention Cell
❑
Gravelless Chamber
12
Drywell
❑
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: 720 13th Way 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:
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.
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.
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).
This covenant shall run with the land and be binding upon the Owners.
Dated: % D — / / ` 2z)/ C!
DECLARANT(S):
(Signature)
Todd Echelbarger, VP
(Print Name)
(Signature)
(Print Name)
State of Washington
SS.
County of Snohomish
APPROVED:
CITY OF EDMONDS
(Signature)
(Print Name)
(Title)
On this day personally appeared before me Todd Echelbarger
(Declarant(s)} to me known to be the individual, or individuals described 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 _LL_ day of P_ , 201q.
QuAA-1—
LYNN K ROWE (Signature n
Notary Public L OLJ'c-
State of Washington
My Appointment Expires (Name legibly printed or stamped)
May 12, 2021 Notary Public in and for the State of Washington.
Residing at: Lz,-k, 5fe-vt n5
My commission expires JT-- I a - J
Exhibit A
Legal description
Lot 1, City of Edmonds Subdivision, PLN20170028,
Recorded under AFN 201905205001, Situate in the County
of Snohomish, State of Washington.
Exhibit B
Site Plan
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