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ENG STORMWATER COVENANT (2)After recording return to.. City Clerk City of FAmonds 121 Filth Avenue North Edmonds, WA 98020 Document Title(s) Declaration of Covenant - Private Stormwater Facility Reference Number(s) of Related Documents NIA Grantor(s) (wt, Fns, and Middle bia.p Hill, Danielle Grantee(s) (LAst. First and Middle Initial) City of Edmonds 202204180518 EASEMENT Rec. $208.50 4/18/2022 2:41 PM 6 PG SNOHOMISH COUNTY, WA Legal Description (abbreviated farm; i.e.. lot, plat or section.. township, range. qu&nwquaner) NE 1/4, SE 1/4, SECTION 7, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M. Assessor's Property Tax Parcel/Account Number at the Time of Recording: 0059-440000-8701 The Auditor/Reeorder wtll rely on the Information provided on" form. The staff wig nog read the document to verify the accuracy or completeness of the lodexing Information provided herein. 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: ❑ Permeable Pavement (] Drywell ❑ Rain Garden / Bioretention Cell ❑ Gravelless Chamber ® Infiltration Trench © 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: 8112 Talbot Rd 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 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. 3. 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 f or physical defects. After major storm events, the that the overflow system system shall also be checked to ensure is working pro rl y BMP so it functions as deli The Owners also shall maintain all LID fined on a year-round basis. j• The City of Edmonds is hereby granted by the Owners the right, but not the obligation, to inspecting the Property described on Exhibit A at all reasonable times for the purpose of 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 LTD 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. Dated: 06/17/2021 DECLARANT(S): 06 17 2021 (Signature) Danielle Hill (Print Name) (Signature) (Print Name) State of Washington ss. County of Snohomish APPROVED. CITY OF EDMONDS A W "'au (Signature) Jeff Whatmore (Print Name) Engineering Tech (Title) On this day personally appeared before me Danielle Hill (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 Ms/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. ---who provided identification of: Driver's License SUBSCRIBED AND SWORN before me this 17th day of June f� \Ui�1�u�di+ir4s�le' DESHA ELISA ROBERTS Notary Public - State of Florida 11� * � o Commission 0 14H 70994 Expire! on December 10, 2024 (Signature) DESHA ELISA ROBERTS (Name legibly printed or stamped) Notary Public in and for the State of Florida fl_ Residing Osceola My commission expires My commission # HH 70894 Notarized online using audio -video communication Exhibit A LOT 87, PLAT OF TALBOT PARK AS RECORDED IN VOLUME 12 OF PLATS AT PAGE 107, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THAT PORTION OF LOT 87 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 87; THENCE SOUTH 180 02' 30" WEST A DISTANCE OF 158.40 FEET; THENCE NORTH 710 57' 30" WEST A DISTANCE OF 18.05 FEET TO A POINT ON THE WESTERLY LINE OF SAID LOT 87; THENCE NORTH 240 32' 34" EAST ALONG SAID WESTERLY LINE A DISTANCE OF 159.43 FEET TO THE POINT OF BEGINNING; SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. m &Vvlpl- s 14389* (SAM OF WARM) N W20*00' E 120 TALBOT ROAD ..... ... 4**A� Snohomish County Recording A Division of the Auditor's Office Transaction # Receipt # Cashier Date: Cashier: 2320461 380620 04/18/2022 SAUJJR Agent Code: PUB Attention: Name: PUBLIC Address: EASEMENT Inst. #: 202204180518 From: HILL DANIELLE GENERAL RECORDING FEE V2 To. CITY OF EDMONDS Pages: 6 $208.50 PAYMENT: CREDIT CARD 112918436 Subtotal Credit Card Amount Charged Total Payments: Total Fees: $ 208.50 $ 208.50 AMOUNT: $208.50 $208.50 Garth Fell CountyAuditor Clifton Harty Licensing and Recording Manager Source: eRecording Returned: eRecording $208.50 3000 Rockefeller Avenue, MtS 204 1 Everett, Washington 98201 I (425) 388-3483 recording@snoco.org I www.snoco.org 4/18/2022 2:41:38PM Page 1 of 1