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ENG RECORDED STORMWATER COVENANT202407150174 COVENANTS Re $308.50 7/15/2024 10:50 AM 1 of 6 SNOHOMISH COUNTY, WA 400 After recording return to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020. Document Title(s) Declaration of Covenant - Private Stormwater Facility Reference Number(s) of Related Documents N/A Grantor(s) (Last, First and Middle Initial) Paradise Heights HLD, LLC Grantee(s) (Last. First and Middle hutial) City of Edmonds Legal Description (abbreviated form; i.e., lot, plat or section,. township, range, quarter/quarter) SEC 25 TWP, 27 RGE 031RT-79) BEG SE COR S W I/4 NWl/4 SWI/4 TH W 15FT TH N TO S LN CO RD TH NWLY ALG CO RD 168.1917T TPB TH S PLT E LN SW I14 NW 1 /4 SWIA TO PT 150FT N OF S LN SD SUB TH N88*32 OOW 260.05FT M1LTO N LN ST RD 1 W TH N01*00 OOE TO S LN CO RD TH SELY ALG SD LN TPB LESS S/IIY Assessor's Property. Tax Parcet/Account Number at the Time -of Recording: O 12 3 29Do/2o/o0 o 12-3 Z 90D / 3,02de C/A329�/3olcfp v! 2 32goo� �czvq v /2 3 P_-%n� .2Diov o /� � 32 ?OeA202, 6 /2 3i29ea;. 3o/06, 0/2.3.2-9vo2�oZva, 0��3.29vc3zo�oo, 0�232�o�3.zozoo, 0/�329�3�a1�j The Auditor/Recorder will rely on the Information provided on this form. The staff will not rend the document to verify the aceuracyr completeness of the indexing Information provided herein_ 0 / Z 3 a.9 ob .3w•2 o0 202407150174 Document: COVENANTS Rec: S308.50 Page-2 of 6 Record Date:7/15/2024 10:50 AM Snohomish County, WA DECLARATION OF COVENANT Privatestormwater, Facility WHEREAS, the undersigned Declarant(s).have installed.a stormwater facility under -Edmonds Community-Developmeiit`C-ode Chapter 18 30 known as w1ow impact development best management practices (LID BMP)" in lieu of other required more conventional stormwater systems, as selected: below- 0 Permeable: Pavement Rain Garden / Bioretention Cell Infiltration Trench. D ,Drywell #J Gravelless Chamber O Other WHEREAS; -.the :City of.Edmonds has allowed installation 6f.the LIDBMP, 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") locatedat: the following -address: 546: Paradise Ln . 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-1 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--4 the LIDBMP 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- of 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. 202407150174 Document: COVENANTS Rec: S308.50 Page-3 of 6 Record Date:7/15/2024 10:50 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 toi ensure that the overflow system is working properly. The Owners also shall maintain aff L11> 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 determine_ s 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 LIP -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 :maybe 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 verform such work. The Owners shallbear-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 tof any .kind whatsoever,. arising out of or in any way resulting from. the approval of the. LID BMP, the installation and presence of the LIDBMP; 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 allclaims for damages and injunctive relief which the. Owners.. may themselveshave 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. 202407150174 Document: COVENANTS Rec: S308.50 Page-4 of 6 Record Datc:7/15/2024 10:50 AM Snohomish County, WA Dated- DECLARANT(S): APPROVED: CITY OF EDMONDS " ze:: ( ignature).. (PrintName) (Signature) (Print'Name) J W.P►�'���'{�Q/LZ (Signature. Jeff Whatmore (Print Name) (Title) Engineering Tech State. ofWashington- ): ss:. County of Snohomish On this day personally appeared; before me. �it'�6J 5Ynn"tYL {Declarant(s)) to me known to. be the individual;.' or individuals described"in and who executed . ,the within and ,foregoing: instrument., and acknowledged that belshe/the i.ned 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 .. day of. " � �,.sma (signature) NttitNlllll//f�j PIP e?'� • : s (Name legibly printed or stamped) NOTAgy Tp . . • ��.� = Notary Public"in and=for: the -State of Washington. P ueuc • S Residing at: 0D)-nQNt5jGJ �cn'•,cb %'� .'�,,� 2,0��. • My commission expires 202407150174 Document: COVENANTS Rec: $308.50 Page-5 of 6 Record Date:7/15/2024 10:50 AM Snohomish County, WA EJXFMIT B. SITE PLAN r.. �w 202407150174 Document: COVENANTS Rec: $308.50 Page-6 of 6 Record Date:7/15/2024 10:50 AM Snohomish County, WA F.OMIT 'A: LEGAL DESCRIPTION AFW. 27012500M26M. All INAT PORTION .0F'THE SOUTH HALF OF THE SOUTHEAST QUARTER OF WE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 25` 70MV P 27 NORIK RANGE 3 EAST, W.N., IN SN0HOMISK COUNTY WASHING7DN, LYING NORTH OF STATE ROAD NO. 1-W AND SOWN OF. COUNTY ROAD,. EXCEPT THE EAST 15-FEET THEREOF, AS MEASURED ON THE SOUTH UNt ;i CWT 7HE NEST 262.90 FEET°OF SAID. SOUTHWEST .QUARTET! OF THE NORWKST QUARTER OF THE SOUIHN£ST QUAR ER,. MEASURED ON THE NORTN'UN& AND EXCEPT THE FOLLOWING DESCRIBED TRACT` EIEGYNNING AFA= POINT ON' THE SOU7H 11NE OF`SA/DVSOUIM€ST Ql7AR1ER' O1r THE NORTHWEST QUARTER OF THE SOUTHEAST WARTER.'15-FEET NEST OF THE SOUTHEAST-CMER THEREOF THENCE-NORIN .y' EAST 9554 FEET ;7O :THE SOU7HERI Y UNE QF ZOUN7Y'RO* )HENCE NORTHM MERLY ALONG THE SWINERLY UNE OF COUNTY ROAD 168.19 FEET• IHENCE SOUTH 1' NEST 71.94 FEET, MORE OR LEA, TV THE NORTHEAST CORNER OF TRACT CONVEYED 90 . OT70 E: MARTEN AND WF& -BY DEED UNDER RECORDING NO. 102MIt THENCE NORTH 8852' NEST 26Q05 FEET, MORE OR 'TES.% TO WE NOWHERLY LINE OF STAIE;ROAD P- )HENCE SOUTHEASTERLY ALONG WE NORTHERLY LINE OF SAID STATE ROAD 236015 FEET, MORE OR LESS .70 POINT A- ON THE SOUTH UNE OF SAID S1BVINS/ON/, 180 FEET NEST OF THE SOUTHEAST C0fiNER_. WM0F, THENCE SOUTH .88:32' EAST 165 FEET 70 THE TRUE POINT OF BEaNN/M ALSO EXCEPT POR710M CUNW= 701HE STATE OF WASNN07iJN! UNDER RECORDING Wa 2159660. SITUATE IN THE COUNTY OF SNOHOM19f, STATE OIF`WASHINGTON.