NOT RECORDED STORM COVENANTAfter recording return to:
City Clerk
City of Edmonds
121 FWh Avenue North
Edmonds, WA 99020
Document Tide(s)
Declaration of Covenant - Private StOMMM er BW
Reference Numbers) of Related Documents
City of Edmonds (permit number) 3L�ZO1F1lSS3
Grantor(s) ttwt� rica and Mddle bam►)
Grantee:
City of Edmonds
Legal Description fo=: i.e., lot, plat or s-fion, township, m-tcdv--tcr)
&&fitin !Pj iownshj p a- " 4 "tier Me U*
Assessor's Property Tax Parcel/Atxount Number at the Time of Recording:
j -1 Oq IgooIo3Sroo
The AnawlRecorder w➢R ray an the information provided as this form. The suffwJB nut read to decamenc to va* the accuracy or
eampletemu of tLe mdeamft;.formatios provided Lem
DECLARATION OF COVENANT
Private Stormdvater 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 (BMPr as selected below:
APermeable Pavement
36 Infiltration Trench/Gallery/Drywell
❑ Detention Pipe/Tank/Vault
❑ Concentrated Flow Dispersion
❑ Other:
❑ 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 a the
Property'l located at the following address: {PSG &T 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 fia hereby covenants and agrees, on behalf of
himself/herself/themselvesJitself 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 bmd all
firt= owners, successors, and assigns of the Declarant(s). The Declarant(s), fiiture
owners, successors, and assigns of the Declarant(s) shall be referred to collectively as
"Owners 2,
2. The Owners of the Property agree that the Property contains one or more stormwater
management facilities referred to as a "BW," 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 BMWs, the BMP shall include all pretreatment devices upstream, the
detention device, and the control structure device.
e. For reduced impervious footprints, the BW 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 fiill, 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 fimction 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 BUT 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 F,xlubit 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: )L I 2y t 1-0 Z-D
D (S):
(S )
(Print Name)
APPROVED: CITY OF EDMONDS
(Signature)
(Print Name)
(Signature) (Title)
(Print Name)
State of Washington
ss-
County of Seehemisb \4--g )
On this day personally appeared before me r e o r-
{Declarant(s)} to me known to be the individual, a individuals described " and who executed
the within and foregoing instrument, and acknowledged that he/she/they/it signed the same as
his/her/theirlits free and voluntary act and dwd, for the uses and purposes therein mentioned -
SUBSCRIBED AND SWORN before me this ,Zo day of 2024
1SMTQ.•. Sys EI'.oi'•ifi Lr-
W: a
pT A R y �; (Name legibly printed or stamped')
?� PUB`%G = Notary Public in and for the State of Washington.
• a Residin¢ at:
• Q ry' O
Z My commission expires e% k J %!�g
OF
Exhibit A
Legal description
LEGAL DESCRIPTION
LOT z CRY OF EDNOI)S MW PLAT NO S-25-74 RECORDED UM
RECORDW NO 20190322037C WHICH IS AN Ai LENT OF
RECORDJW NOS. 2357897 AND 2357898. KM A PORWN OF THE
NORTHWEST QWRTER OF HE NORTHEAST QUARTER OF SECTION 18.
TOWNSHP 27 NIORIK RANGE 4 EAST, W.A. RECORDS OF SNOMIM
COLWY. WA90 TOk..
TOGETHER WITH AN MEMENT FOR UYGRES'S, EGRESS AND UTILITIES AS
DISLi.OSED BY 201903220377, WAM 6 AN AGENT TO RECORDING
NO. 235789&
SITUATE IN THE COUNTY OF SNOHM/lSM. STATE OF WASIBAIG'10UIt
EXHIBIT B
4" FOOTING DRAIN (TYP.) CLEANOUT
SEE DETAIL INTO INFILTRATION
TRENCH OBSERVATION-
F__ CLEANOUT PORTS
f o 080X12X3.S' a L
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PUSH -ON TEE
RIM. 346.65f C0l10
IE 343 (6" PVC IN, S) C0 9 BUBBLE -UP
IE. 343 (6" PVC OUT, N) CATCH BASIN
---` SCALE: 1" _
C08 6" ROOF-
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-0015 I
C017 014 I
PROPOSED FLOW
COI6 I PATH (TV.)
I
GARAGE T.O.&
D OMM I I AT 347' I
C012 - I I
03 1
AD.U.
FIN. F1R
AT 347' --PROPOSED FLO
ARROW TYP.
C0l1
C0113
1 34LF-4" PVC 0 1%