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ENG Stormwater Covenantw Snohomish County Recording A Division of the Auditors Office Transaction # 2380519 Agent Code: PUB Receipt # 436202 Attention: Cashier Date: 11/03/2022 Name: PUB:.IC Cashier: NBOHLING Address: Garth Fell County Auditor Clifton Harty bcens,ng and Recording Manager Source: Counter Returned: Counter COVENANTS Inst. 0: 202211030055 From: JOHANNESSEN KARI J To: CITY OF EDMONDS GENERAL RECORDING FEE V2 $208.50 Pages: 6 DAYMENT: CREDIT CARD 123747096 AMOUNT $208.50 Subtotal $208.50 Credit Card Amount Charged $208.50 Total Payments: Total Fees: S 208.50 S 208.50 3000 Rockefeller Avenue. ?,VS 204 1 Everett. Washington 98201 i (425) 388-3483 recording(gsn000.org I wnvw snoco org 1 l3r2022 10:17 06AM Page 1 of 1 After recording return to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds. WA 98020 Document Title(s) Ihclaration of Covenant - Private Stormwatcr B1\fl' Reference Number(s) of Related Documents City of Edmonds (permit number) BLD2020-0965 Grantor(S) (last• Foss and Mrddbe Inrtiali KARI J. JOHANNESSEN Grantee: City of Edmonds 202211030055 COVENANTS Rec: S208.50 1 ' i-12022 10 16 AM 6 PG SNOHOMISH COUNTY, WA Legal Description eaht+tc%-.trcd t,rm. i c .:.,t P!x.-r tcctirn, township, rtin gc. quarter quarAri LOT 2, OF CITY OF EDMONDS SUBDIVISION, PLN20180031. SITUATE IN THE COUNTY OF SNOHOMISH. STATE OF WASHINGTON. Sec . - 5 Axxcuor's Property Tax �areel/Account Number at the *rime of Recording: -W �Z-7 0325 003 / &&00 I he Auditor,Raorder "ill rrl'i on the infurmativa prmided un this form. Iht slaff"dl nig read the document to %,riff, thr acturao or complettem of the tndttin% in prm ided herein. c. For dispersion based BMPs, the BMP shall include all pretreatment devices upstream. the dispersion mechanismrdevice, and all elements of the downstream vegetated flow path, including restrictions on slopes and surface materials, as required by FCDC 18.30. d. For detention B%, IPs, 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 arc 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 lull, 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 tic overflow system is working properly. The Owners also shall maintain all BNIPs so they function as designed on a year-round basis. S. The City of Edmonds is hereby granted by the Owners the right, but not the obligation, to enter upon the Property described on f:xhibit A at all reasonable times for the purpose of inspecting the private stormvutcr MOP 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 Ov\ners 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 rca3onablc puth 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 O%nCTS 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 Owner,. The City's officers, agents, employees. and contractors shall have the right, which is hereby granted by the 0%%mcrs, 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, DECLARATION OF COVENANT Private Stormwater BMP W1M.'RI?AS, the undersigned Declarant(s) have installed one or more storm%vater facilities under Edmonds Community Development Code (ECDC) Chapter 18.30 known as ..stormwatcr best management practices (BMP)" as selected below: 0 Permeable Pavement ® Infiltration 'trench/GalkryfDr ,wcll 0 Detention Piperl'ankNault O Concentrated Flow Dispersion O Other: O Infiltration "fank/Vault 0 Sheet Floe Dispersion O Reduced Impervious Footprint 0 Rain Garden / Bioretention Cell %%,I IERFAS, 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 DECI.ARANT(S), being the o%%-ners of the real property ("the Property") located at the follo%ing address: 10729 226TH St SW. EDMONDS. WA 96020 in the City of Edmonds, Washington, and legally described on Exhibit A attached hereto and incorporated herein by this rcfcrcncc as if set forth in full, hereby covenants and agrees, on behalf of himself'herself7thcrosclvcs'itsclf and his.'hentheirlits successors and assigns, as follows: 1. Declarant(s) warrant that he/shc/they/it isiare 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 "0\kmers." 2. The Owners of the Property agree that the Property contains one or more storm%tiatcr management facilities referred to as a "BMP," which was installed to mitigate the stormwatcr quantity and quality impacts of some or all of the impervious or non-nativc pervious surfaces on the property. a. For infiltration-bascd BMPs, the BMP shall include all pretreatment devices upstream, the infiltration facility, and a minimum of 3-feet of soil bencath the infiltration contact layer, defined as the elevation at which ninolY 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. 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: k 1 - 2- - 22, DECLrARANT(S): MIN M1JLVL�//.TW/MWI9WIIWW_ �/ • . All (Print Name) (Signature) (Print Name) State of Washington ss. County of Snohomish APPROVED: CITY OF EDMONDS zgra # off. (Signature) Natalie Griggs (Print Name) Engineering Technician (Title) On this day personally appeared before me L-Wilberly Pe %f ever\ (Dcclarant(s)) to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/shelthey/it signed the same as hiAcr/thcirfrts free and voluntary act and deed, for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN before me this 9 day of 120 Ve 9(20 Apl- c (signature)Le�, LEXINE HILLIER Naary P„eac ri (Name legibly printed or stamped) State of wasnlnscon g y P � P� Commission 0 172167 Notary Public in and for the State of Washington. MY Cantu. Expkos May 31. 2026 Residing at:,? t 40 7� v �' �� l c � �(•sao.ds w My commission expires Exhibit B Sitc Plan i 0 i IT 2 6TH Sr SW - - -SU- - - Aso-- - -SD-- - - - <f, 226TH ST SW Exhibit A Legal description LOT 2, OF CITY OF EDMONDS SUBDIVISION. PLN20180031. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.