Loading...
ENG RECORDED STORMWATER COVENANT - LF202407150174 COVENANTS Ree: $308.50 7/15/2024 10:50 AM 1 of 6 SNOHOMISH COUNTY, WA 40 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 Gfantor(s) (Last, First and Middle Initial) Paradise Heights HLD, LLC . Grantee(s) (Cask First and Middle-Initial) 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 SWI14 NWIA SWl/4 TH W 15Fr TH N TO S LN CO RD TH NWLY ALG CO RD 168.19Fr TPB TH S PLT E LN SW1/4 NWIA SWIA TO PT 15OFT N OF S LN SD SUB TH N88*32 OOW 260.05FT M/LTO 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 Parcel/AceountNumber at the Time,of Recording -2403256056268 0 12 3 29Do/2o/ov Olz3 Z 90d / 3.020e Q/,2329ov�3c�ap vj 2 32goo/ �czvg v /z 3 z-g41CM .2oioo o /� 3z 9vc��o2o0, a /2 3:29eaz 3oioa, o/z�3�-9oo2�oZva, 0��3.29vo3zo�ot�, 0/232�0�320200, 29A�3a/�j The Auditor/Recorder will rely on the information provided on this form The staff will not rend the document to verify the aceurac or completeness of the•indexing•informationprovided:heretn/�3ZI t�0•���� 202407150174 Document: COVENANTS Rec: $308.50 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`Developmeilt`C.ode'ChaPter18.30 known as a'"low 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 Ut Infiltration Trench. 0 .Drywell t] Gravelless Chamber ;Other 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 DECLARA Property") located at the following. address: ,the owners of the real property ("the 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- 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) shallbe .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 41 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, nunimizeAmpervious surfaces, and specific practices that'help to replicate natural hydrology such as permeable pavements,. green roofs,. soilamendments„ bioretention, systems,: and dispersion -of runoff.. 3. The Owners of the property described on Exhibit A shallmaintain the size, placement, :and design. -,of, -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 theCity 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 grid repair shall. be the sole responsibility of the Owners. 202407150174 Document: COVENANTS Rec: $308.50 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 alsoi shall maintain alf 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 determine_ s that the LID -BMP 4s 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; tor 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 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 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-saidLIDD 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: $308.50 Page-4 of 6 Record Date:7/15/2024 10:50 AM Snohomish County, WA Dated; Z--11-, DECLARANT(S): APPROVED: CITY OF EDMONDs ( ignature).. (PrintName) (Signature) (Print'Name), State. of Washington- ): ss:. County of Snohomish JdJ,W>v� (Signature. . Jeff Whatmore (Print Name) (Title) Engineering Tech On this day personally appeared; before me: V�� �.JYru L'YL {Declarant(s)) to me known to. be the individual;.' or individuals described in and who executed . the within and foregoinginstrument, 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 day of.. . 'aO M N„pNlllll/q�j `,.y�`���►.g.�:�4�, (Signa�e) NWE OTAgy = (Name legibly printed or stamped) • 41� •.� = Notary Public in and for: the -State of Washington. • 'DUBLIC Residing at: DYE ON U,- , ,#2,0��;.• My commission expires Fi a.oarl t'VAS�•11NG�O��\\ 202407150174 Document: COVENANTS Rec: S308.50 Page-5 of 6 Record Date:7/15/2024 10:50 AM Snohomish County, WA .I J�SD EX IIBIT B: SITE PLAN SD; i - J BUILDING=B i / \ r vim. BUILDING C / - M ' r Andy, Roam in 'X28' PtRQPOSiO OR/VE NTMRLIER Scale I " = 50' 202407150174 Document: COVENANTS Rec: S308.50 Page-6 of 6 Record Date:7/15/2024 10:50 AM Snohomish County, WA MMMlT 'A: LEGAL DESCRIPTION APN. 27032500i02600. ALL INAT PORTION :OF THE SOU7H HALF OF THE SOUTHNEST QUARTER OF THE NORTHEAST QUARTER OF THE SOUINNEST QUARTER OF SECTION 25`- 70MVP 27 NORIK RANGE 3 EAST, W.M., IN SNOHOMISH- COUNTY WASHINGTON, L1?NG NORTH OF STATE ROAD NO. 1-WAND SOUTH OIF.COUNTY ROAD;, EXCEPT THE EAST 15-FEET 7HEREOF AS MEASURED ON THE SOUTH UK ZiCEP,T THE HEST 262.90 FF&ET OF SAND. SOIIHNEST .QUARTER OF, WE,NORTHEEST QUARTER OF THE SOU7HNEST OUAR ER,.MEASURED ON THE NORTH'1lNE; AND EXCEPT THE FOlLOWNG DESCRIBED TRACT• BEGINNING AT k POINT ON, TIDE `SOU H- LIfVE OF SAIVr SOU7HKST, QUARW'OF THE NORIK ST WARIER OF THE SOUTHNEST QUAR7fR.'15.FEET NEStOF THE SOUTHEAST -CORNER THEREOF; THENCE-NORIH .1' EIST 9554 FEET 10 :THE SOUTHERLY. UNE QF CWNYY'ROQ THENCE NORTHMfSTERLY ALONG THE SWINERLY LINE OF COUNTY ROAD 168.19 FEET,• THENCE SOUTH 1' NEST 71.94 FEET, MORE OR lF� 70 THE NORTHEAST CORNER OF TRACT COWYEYEDT0� . ' ; .. OTTO-E: ALMRTEN'AND KfF& -BY DEED UNDER RECORDING NO. 1029M THENCE NORTH 88jr NEST 26aw FEET, MORE OR 'LESS, TO THE NORTHERLY LINE OF STATE.ROAD 1=N; THENCE SOUTHEASTERLY ALONG THE NORTHER Y LINE OF SAID STATE ROAD 23605 FEET, MORE OR LESS, .TO POINT A -ON THE SOUTH LINE OF SAID SUBDINSION, 180 FEET NEST CF THE SOUTHEAST COfiNER: THEINEOF; WHETGOE SOUTH.88:32' EAST W FEET TO 1HE TRUE POINT OF BEGINNING; ALSO EXCEPT PORTION CQNW= 701HE STATE OF WASNN07VN UNDER RECORDING ,NR 2159660l. SITUATE IN THE COUNTY OF SNOHOM19H, STATE OF`WASHINGTON.'