ENG STORMWATER COVENANT202304280262
COVENANTS
Rec: $208.50
4/28/2023 2:11 PM I of 6
SNOHOMISH COUNTY,
WA
After recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stol'mwater BMP
Reference Number(s) of Related Documents
City of Edmonds. (permit number) BLD2022-1087
Grantors) (Last, First and Middle Initial)
SELECT HOMES, INC.
Grantee:
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter)
LOT 1, OF CITY OF EDMONDS' SUBDIVISION, PLN2021-0039.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
AFN: 202211145002
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
27041900112700
The Auditor/Recorder will rely on.the information provided on this form. The staff will not read the document to verify theaccaracy or
completeness of the indexing information provided herein.
202304280262 Document: COVENANTS Rec: S208.50 Page-2 of 6
Record Date:4/28/2023 2:11 PM Snohomish County, WA
DECLARATION OF COVENANT
Private Stormwater BMP
WHEREAS; the undersigned Declararnt(s) have installed one or more stormwater
facilities .under Edmonds Comrnunity Development Code (ECDC) Chapter 18.30 known as
"stormwater best management practices (BMP)" as selected below;
❑ Permeable Pavement
M Infiltration Trench/Gallery/Diywell
❑ Detention Pipe%Tank/Vault
❑ Concentrated Flow Dispersion
0 Other:
❑ Infiltration Tarik%Vault
❑ . Sheet Flow Dispersion
❑ Reduced Impervious Footprint
❑ Rain Garden / Bioretention Cell
WHREAS, the City of Edmonds has all 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: 7918 203rd St 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 Declarants) 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 "BNIP," 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 3-feet of soil beneath the
infiltration contact Payer, defined as the.elevation at which runoff enters native soils.
b. For bio-retention or main 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 its 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
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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 though
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.
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 al1 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
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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: [PI 2 . p ["I"
ECLARANT(S): APPROVED: CITY OF EDMONDS
J Ul��x
(Signature)0''
(Signature
�/':?.I f JEFF WHATMORE
(Title)
(Print Name)
Corporation
STATE OF WASHINGTON )
ss.
COUNTY OF )
(Print Name)
ENGINEERING TECH
(Title)
On this; day of 202?, before me, the under -signed, a Notary
Public 'in and for the State of Washington, duly commissioned and sworn, personally appeared
�#..*?Ad 4itl . to me known to be the 1%I°l: a of;,��
the corporation that executed the foregoing instrument, and acknowledged the said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that _ ?t . ', was authorized to execute said instrument and that the
seal affixed is the corporate seal of said corporation.
WITNESS my hand and official seal hereto affixed the day and year first above written.
`����.��►�AANAI y�4i,4
�; • Qg�° ? °9 0- % NO ARY PUBLIC iri and or the
NOTARY �j► ;
• ��� a State of Washing ton, residing at
gjk•`b;M..�?:`��`` 1�.,
My. commission expires fJ%
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Record Date:4/28/2023 2:11 PM Snohomish County, WA
Exhibit A
Legal description
LOT 1, OF CITY OF EDMONDS SUBDIVISION, PLN202.1-0039.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
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Record Date:4/28/2023 2:11 PM Snohomish County, WA
Exhibit B
Site Plan
—SD— —SD,It