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ENG STORMWATER COVENANT202308160085 COVENANTS R— $208.50 8/16/2023 10:43 AM 1 of 6 SNOHOMISH COUNTY, WA bey ,j Return Name ?—D Zo q, Street Address (� 4-kftjA1 Wn 01) W ek- D ® S C� City, State, ZIP Standard Cover Sheet 44S0- Snohomish County Recording A Division of the Auditor's Office TheAuditor/Recorder will rely on the information provided on the form. The staffwill not read the document to verify the accuracy or completeness of the indexing information provided herein. Document Titl`e(�s, ) 1. lL¢. G� t 0 (i 3. 2. 4. Reference Number(s) of Related Documents Additional reference numbers on page Grantor(s) 1, C-1eVa 'e- U3 Last Name L First Name 501 G-1 Middle Initial 2. cpMtx- Last Name First Name Middle Initial Additional names on page Grantee(s) -`' , 1. �� �I C) Last Name First Name Middle Initial 2. Last Name ' First Name Middle Initial Additional names on page Legal Description (abbreviated form: ie lot, block, plat or section, township, range) a-7 Q-0_ D 3 Qi Assessor's Property Tax Parcel/ Account Number Number not yet assigned Ml0016 S © ® 000 oZO t Additional numbers on page 202308160085 Document: COVENANTS Rec: $208.50 Page-2 of 6 Record Date:8/16/2023 10:43 AM Snohomish County, WA R ES U B BLD2022-0279 Jul 18 2022 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT 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: ❑ Drywell ® Permeable Pavement ❑ Gravelless Chamber ❑ Rain Garden / Bioretention Cell ® Other Perforated Stubout ❑ Infiltration Trench Level Spreader Splashblock 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: 1400 9th Ave N Edmonds, WA 98020 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: 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. 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. 202308160085 Document: COVENANTS Rec: $208.50 Page-3 of 6 Record Date:8/16/2023 10:43 AM Snohomish County, WA 4. The Owners of the property described on Exhibit A shall inspect LID 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 LID BMP so it functions 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 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 LID 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. 202308160085 Document: COVENANTS Rec: $208.50 Page-4 of 6 Record Date:8/16/2023 10:43 AM Snohomish County, WA Dated: ''l LIB' Y DECLARANT(S): t � , Z-c%z- Z . APPROVED: CITY OF EDMONDS (Signature) (Signature) h--C-,s f A Jeff Whatmore (Pr Name} (Print Name) Engineering Tech (Signature) (Title) (Print Name) State of Washington } ss. County of Snohomish ) On this day personally appeared before me D2El 6 At .Ke U Cif 3 Cj'ej !ej S1 dAnn {Declarant(s)I 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 his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN before me this irctday of , 2022. - (Si nature) (Name legibly printed or stamped) Notary Public in and for the State of Washington. ` Residing at: ��„„ KATHLEEN MOFFEI"r My commission expires � '2A9Jb ' Notary Public -State of -Washington ;_ commission !t_198938 My Comm, Expires Feb i2, 2026 202308160085 Document: COVENANTS Rec: S208.50 Page-5 of 6 Record Date:8/16/2023 10:43 AM Snohomish County, WA Exhibit A Section 13 Township 27 Range 03 Quarter SE WALLACE TRACTS BLK000 D-01 LOT 2 OF CITY ED SP PLN-2019-0036 REC AFN 202108315004 BEING PTN OF SD PLAT 202308160085 Document: COVENANTS Rec: $208.50 Page-6 of 6 Record Date:8/16/2023 10:43 AM Snohomish County, WA I Z i W a' � F Qf PERVIOUS CB #4, TY E I DRIVEWAY RIM=88.7 [E=T.7 I a: v 7 til (LO� Ij COF 50' Z j ROW 50, FLOW PATH EXHIBIT B 6" PVC FOOTING DRAIN CONNECTION (CONNECT TO EX. STUB PROVIDED W/SHORT PLAT IE=t85.2 CONNECT TO EX. STUB w PROVIDED W/SHORT PLAT T IE=f85.8 `4 50' FLOW S88'35'18_E z 10 LF PERF. PATH MID.) 20.00'' STUB OUT Qo0 i S8 -35'1 E 140.00 I I SPLASH • f BLOCKS PROP. L — J SFR �II � 4" PVC 50' FLOW �II 'p DOWNSPOUT PATH (TYP.) CONNECTION N8835'18"E — 150,00' } o� PUGET DR. 2'x10' LEVEL SPREADER O.F. ELEV.=91.0 IE=90.0