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202208100325
COVENANTS Rec: $20&50
8/10/2022 2:34 PM 6 PG
SNOHOMISH COUNTY, WA
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DECLARATION OF COVENANT
Private Stermwater BW
W]MMEAS, the undersigned Declarant(s) have installed one or more stommater
facilities wider Edmonds Comommity Devekq mumt Code (ECDC) Chapter 18.30 known as
"stormwater best management practices (BMP)" as selected bellow:
Panicable Pavement
J6 1nfi1tration Treruch/GallerYMrywell
O Detention PWTank/V=h
❑ Concentrated Flow Dispersion
C) Infiltration Tank/Va dt
0 Sheet Flow Dhspersiou
G Reduced Irapavious Footprint
Q Rain Garden/ Bieretemtim Cell
VAFMMEAS, the City of Edmonds has allowed installation of the BMP, subject to the
execution and recording of dais Decoration of Covenant; NOW, THEREFORE,
THE UNDERSIGNED DEGTARANT(S), being the owners of the real pnersperty ("the
Property") located at the following address: -t Map sT &Z
in the City of
FAnonds, Washings, and legally described on Exh&ft A attached hereto and komporated
hetein by this reference as if set forth in full, hereby coves and agrees, an behalf of
himseMiumselodmmselves,ruself and his/hedtheirMs sacs and assigns, as follows:
1 _ Dmlarant(s) warrant drat brIshdtheylit is/are the owner(s) of the property described on
Exhibit A and have the suthMAY to impose this covenant on the WOPCrty and bind all
fume owners, successors, and assigns of to Des)- The Dedlarant(s), Emote
owners, sucLemoas, and assigns of the Declarant(s) shall be referred to collectively as
"Owners."
2. The Owners of the Property agree than the Property contains one or more stommwatra
maaagemcnt ficilities referred to as a "BMP," which was installed to mitigate the
storiumater 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 shallhhde all pretJrt devices
upstream, the infiltration facility, and a mininmmn of Meet of soil beneath the
infiltration cow layer, defined as the elevation at which runoff enters native
Soil.&
b_ For bin -retention or rain garden BMPs, the BMP shall include all pretreatrment
devices upstream, the retention facility, the vegetation within the retention
facility, and a minimumn of 3--fret of soil beneath the ikon contact layer,
defined as the elevation at which runoff enters native soils. While specific plants
are not necessarily required, a quanbiative amount of vegetation coverage is
required and may be subject to maintenance redplests per Section 5.
c. For dispersion based BMPs
_ �-V1CeS
upstream, the dispersion mechms (device, and all elements of the downstream
vegetated flow path, including restrictions on slopes and surface _.._ ...,_ , AS
d. Vor detention 13MPs. the BW shal! Mclnde a'! ruetreatment 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 frill ten toot (it)'} driveway width when .isiug
wheel strip driveways.
3. The Owners shall maintain the size, placement, anal design of the BMP as depicted on the
approved site plan, Exhibit B, attached hereto and incorporated herein by this reference
W; in full, ai -n details shall be tnaintainod and i;,
widiout written approval either from the Engineering Division of the City of Edmonds or
from the City of t;dmov,.. fertilisers and
pesticides shall not be used where a BMP is located. All costs of maintenance and repair
be the sole respoiisibility of the Owners.
4. The Owners shall inspect BMPs mnually for physical defects- After major storm events,
the system shall also be checkeu w ensure that the overflow system is working properly_
The Owtiers also shall maintain all bivii's �u lacy itl i,,;i.o:i
basis.
5. The City ; f 1� d tT,u r i : 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 skgruwat c r BMP facility. If, as the result of any such kspection,
the City of Edmonds determines that the BMP is in disrepaior, requires main!ten-- - or
repair, or is otherwise not functioning as provided in we: site plan, tie Cuy Eugmi ml. or
his designee shall have the right, but not the obligation, to order the Owners to rain
or repair the same. The Owners agree to maintain reasonable one -roan access to all
portion. ,f'the BMP w:: hall avoid pr_ a nanent or loot �->le obstructions ►rum blocking a
reasonable path of access by City iopectors. Such obstruction may be the sole cat) .: for
the City to request maintenance as noted. above-
6. 1 f tht�! Cis. of Edmonds determines that the BMP requbes maintenance ptns€rant
to Section 5, the City of Edmonds shall provide notice to the Ovvnm of the deadline
within which such maintenance or repair must be completed. Said notice may furber
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 Oamem
The City's ojEcers, agents, employees, and contractors shell have the fight, which is
the , desci i _ -d on i::. r1 in ordr-r
J O-
to perform such work- The Owners shall bear the cost of all work performed_
7. The Owners shill indc-mnify, defend and hold harmless the City of Edmonds, its officers,
officials, employees and agents from any and all claims, demands, suits, ;ienalties, losses,
damages, judgments, att=ys' fees and/or costs of any kind der, arising out of
OF in anyway rig from the approval of the BMP(sj the installation and presence of
fire BMP(sj and the acts or omissions of the Owners, their officers, e.Vloyees,
contractors, and agevs relating to tine construction, operation and maintenanm of the
BMP(s) on the Pmpmty, except for the QWs intentional and 'MA tmtious ads, and
waive and release the City of F.dmomids from any and all claims for damages and
injunctive relief which the Owners may themselves have now or in the fie, by reason
Of the eonsma±lion, maintenance and operation of said BMP(s).
8. TuA--jz4-c)-t.
lis covenant shall rum with the land and be binding upon. the Owners.
Dam: z-a ?.a
D
(PrmtName)
State of Washmgtan )
ss-
County of gsehemisb 1t: •-5 )
APPROVED: CITY OF EDMONDS
JAG(, 1#440--au
(am}
JEFF WHATMORE
(PrintName)
ENGINEERING TECH
(T1)
On this day personaRy Weaved before mine C3 r e q C54- l-
(Decla mit(s)) to me known to be the individualcar bed ifi andwhocxecuftd
the within and foregomg msMment, and arJmOwledged that helshe/theyht signed file same as
histheddWkfuts free and vohmrary act and deed, for the uses and purposes therem mentioned.
SUBSCRIBED AND SWORN before me this dsy of As 2o2d
g�0 tS;gm e)
•��0 A ran: (Name legibly Printed or )
W �� PuB1 � : Z Notary Public in and for the Stye of Washington
Lv;. P10- ,p.I Redding st 5 er Mil
�9, ,''-fir ;? '.Z�•':'' My commission expimrs b I V9 �
of w ��.
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