DRAFT Storm Covenant-BLD2020-4012 BinderAfter recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stormwater BMP
Reference Number(s) of Related Documents
City of Edmonds (permit number) BLD2020-0413
Grantor(s) (Last, Hirst and Middle Initial)
VEILLEUX GAETAN R & BINDER DEBORAH J
Grantee:
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter; quarter)
SEC 18 TWP 27 RGE 04RT-18Q-1) BAAP 1301.48FT N & 599.26FT E
OF SW COR SW114 TH E 115FT TH S 105FT THW 115FT N 105FT
TO POB
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
27041800303700
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verifv the accurae_v or
completeness of the indexing information provided herein.
DECLARATION OF COVENANT
Private Stormwater BMP
WHEREAS, the undersigned Declarant(s) have installed one or more stormwater
facilities under Edmonds Community Development Code (ECDC) Chapter 18.30 known as
"stormwater best management practices (BMP)" as selected below:
❑ Permeable Pavement
❑ Infiltration Trench/Gallery/Drywell
❑ Detention Pipe/Tank/Vault
❑ Concentrated Flow Dispersion
® Other: Perforated Stub -out Connection
❑ Infiltration Tank/Vault
® Sheet Flow Dispersion
❑ Reduced Impervious Footprint
❑ Rain Garden / Bioretention Cell
WHEREAS, the City of Edmonds has allowed installation of the 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: 8912 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/it is/are the owner(s) 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 a "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.
a. For infiltration -based BMPs, the BMP shall include all pretreatment devices
upstream, the infiltration facility, and a minimum of Meet of soil beneath the
infiltration contact layer, defined as the elevation at which runoff enters native
soils.
b. For bio-retention or rain garden BMPs, the BMP shall include all pretreatment
devices upstream, the retention facility, the vegetation within the retention
facility, and a minimum of 3-feet of soil beneath the infiltration contact layer,
defined as the elevation at which runoff enters native soils. While specific plants
are not necessarily required, a quantitative amount of vegetation coverage is
required and may be subject to maintenance requests per Section 5.
c. For dispersion based BMPs, the BMP shall include all pretreatment devices
upstream, the dispersion mechanism/device, and all elements of the downstream
vegetated flow path, including restrictions on slopes and surface materials, as
required by ECDC 18.30.
d. For detention BMPs, the BMP shall include all pretreatment devices upstream, the
detention device, and the control structure device.
e. For reduced impervious footprints, the BMP shall include all areas which are used
as mitigation credits, including a full ten foot (10') driveway width when using
wheel strip driveways.
3. The Owners shall maintain the size, placement, and design of the BMP as depicted on the
approved site plan, Exhibit B, attached hereto and incorporated herein by this reference
as if set forth in full, 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 a BMP is located. All costs of maintenance and repair
shall be the sole responsibility of the Owners.
4. The Owners shall inspect 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 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 BMP facility. If, as the result of any such inspection,
the City of Edmonds determines that the BMP is in disrepair, requires maintenance or
repair, or is otherwise not functioning as provided in the 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. The Owners agree to maintain reasonable one-man access to all
portions of the BMP and shall avoid permanent or lockable obstructions from blocking a
reasonable path of access by City inspectors. Such obstruction may be the sole cause for
the City to request maintenance as noted above.
6. If the City of Edmonds determines that the 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 Owners 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 BMP(s), the installation and presence of
the 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
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 BMP(s).
8. This covenant shall run with the land and be binding upon the Owners.
Dated:fa/;-(, kg ()
DECLARANT(S):
(Signature) !�
l �ralz �1 der
(Print Name)
(Signature)
(Print Name)
State of Washington )
ss.
County of Snohomish )
APPROVED: CITY OF EDMONDS
DRAFT
(Signature)
(Print Name)
(Title)
w DL-,x'z
On this day personally appeared before me rb y j , �,�. � C�a,, (le; �iet�
{Declarant(s)I 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/it signed the same as
his/her/their/its free and voluntary act and deed, for the uses and purposes therein; mentioned.
SUBSCRIBED AND SWORN before me this Z(da f ]'u„�,i , 20Z
�.N-OkEW R hrF�i�l�i
(Signature)
FQ
3s� a (Name legibly printed or stamped)
q� y'4 L`° _`,2 Notary Public in a d for the State of Washington.
4
/� �h�����a��� '�� — Residing at: C�
,,hl�`,WASH\NG`,_`_ My commission expires Lo
Exhibit A
Legal description
BEGINNING A T THE SOU TNWESTERL Y CORNER OF SECTION 18;
THENCE ALONG THE WEST LINE OF SAID SECTION 18, NORTH 0037'08" EAST
1301.48 FEE T,•
THENCE ALONG THE SOUTH MARGIN OF THE COUNTY ROAD, SOUTH 89 31 'S2
EAST 599.24 FEET TO THE NORTHWESTERLY CORNER OF THE TRACT HEREIN
DESCRIBED AS THE TRUE POINT OF BEGINNING;
THENCE CONTINUE SOUTH 8931'52" EAST ALONG SAID SOUTH MARGIN OF THE
COUNTY ROAD A DISTANCE OF 115.00 FEET,•
THENCE SOUTH A DISTANCE OF 105.00 FEET;
THENCE NORTH 8931'52" WEST PARALLEL WITH THE SOUTH MARGIN OF 192ND
STREET SOUTHWEST A DISTANCE OF 115.00 FEET, -
THENCE NORTH A DISTANCE OF 105.00 FEET TO THE TRUE POINT OF
BEGINNING.
(ALSO KNOWN AS A PORTION OF TRACT 14, BLOCK 2, SUNSET ACRES,
ACCORDING TO THE UNRECORDED PLAT THEREOF.)
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHING TON.
Exhibit B
Site Plan
I SHEET FLOW DISPERSION --,,I
10 FT VEGETA77VE' FLOW PAT� I.
I E L
1 _
11