ENG RECORDED STORMWATER COVENANTAfter recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
202406030484
COVENANTS Rec: $308.50
6/3/2024 3:37 PM 6 PG
SNOHOMISH COUNTY, WA
Declaration of Covenant - Private Stormwater Facility
Reference Number(s) of Related Documents
N/A
Grantor(s) (Last, First and Middle Initial)
Brian F. Duffy & Nancy L. Duffy
Grantee(s) (Last, First and Middle Initial)
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section,. township, range, quarter/quarter)
Portion of Government Lot 5, Section 32, Township 27 North, Rang 4 East, W.M.
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
27043200200100
The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or
completeness of the indexing information provided herein.
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:
❑ Permeable Pavement
❑ Rain Garden / Bioretention Cell
❑ Infiltration Trench
❑ Drywell
❑ Gravelless Chamber
® Other Dispersion Trench
Catch Basins
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: 23511 74th Ave W Edmonds, WA 98026
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 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.
3. 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.
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.
Exhibit A
All that portion of Government Lot 5, Section 32 North, Range 4 East, W.M. described as
follows:
Beginning on the west shore of Lake Ballinger, also known as Lake McAleer, 240 feet north
of the south line of Government Lot 5;
Thence south 120 feet;
Thence west to the east line of Pacific Northwest Traction C. right of way,
Thence north 120 feet;
Thence east to point of beginning.
Together with Shoreland of Second Class adjoining thereto.
Situate in the City of Edmonds, County of Snohomish, State of Washington
Dated: -51 3e/ 'Z
DECLARANT(S):
(Signature)
?d i h t—
(Print Name)
(W X,
(Sig to )
�61,J
(Print Namej
State of Washington
APPROVED:
CITY OF EDMONDS
41,
(Signatu
Jeff Whatmore
(Print Name)
Engineering Tech
(Title)
ss.
County of Snohomish )
On this day personally appeared before me VV�%l.l'► �'' 1(J�!
{Declarant(s)) 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
CHARITY F SHORT
Notary Public
State of Washington
Commission # 22018940
My Comm. Expires Jun 1, 2026
24
(Name legib)y printed or stamped)
Notary Public in and for the State of V ashington.
Residing at:'
My commission expires .
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Exhibit B
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