RESUB 1-BLD2022-0926+Stormwater Covenant+3.7.2023_12.59.35_PM+3406574After recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stormwater BMP
Reference Number(s) of Related Documents
City of Edmonds (permit number)
Grantor(s) (Last, First and Middle Initial)
Landsverk Quality Homes Inc.
Grantee:
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter)
See Exhibit A
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
00434600006102,00434600006104,00434600006105,
00434600006106,00434600006201
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 BMP
WHEREAS, the undersigned Declarant(s) have installed one or more stormwater
facilities under Edmonds Community Development Code (ECDC) Chapter 18.30 known as
"stormwater best management practices (BMP)" as selected below:
❑ Permeable Pavement
❑ Infiltration Trench/Gallery/Drywell
0 Detention Pipe/Tank/Vault
❑ Concentrated Flow Dispersion
❑ Other:
❑ Infiltration Tank/Vault
❑ Sheet Flow Dispersion
❑ Reduced Impervious Footprint
❑ Rain Garden / Bioretention Cell
WHEREAS, the City of Edmonds has allowed installation of the BMP, subject to the
execution and recording of this Declaration of Covenant; NOW, THEREFORE,
THE UNDERSIGNED DECLARANT(S),
Property") located at the following address: 19128,
9500 190th St SW
being the owners of the real property ("the
19126, 19124, and 19122 94th Ave W and
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/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 Declarant(s) 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 '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.
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 layer, defined as the elevation at which runoff enters native soils.
b. For bio-retention or rain 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 is 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
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 through
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.
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 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
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:
DECLARANT(S): APPROVED: CITY OF EDMONDS
(Signature)
(Title)
(Signature)
(Print Name)
(Print Name) (Title)
Corporation
STATE OF WASHINGTON )
ss.
COUNTY OF )
On this day of , 20, before me, the under -signed, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
to me known to be the 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 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.
NOTARY PUBLIC in and for the
State of Washington, residing at
My commission expires
Exhibit A
Legal description
LEGAL DESCRIPTION
PARCEL NO.00434600006201
THE WEST 112.70 FEET OF TRACT 62 AND THE EAST 50.00 FEET OF TRACTS 80 AND 81, ALL
IN EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON.
(ALSO KNOWN AS PARCEL B, CITY OF EDMONDS LOT LINE ADJUSTMENT RECORDED
UNDER RECORDING NO. 8311180116)
PARCEL NO.00434600006102
THE NORTH 88 FEET OF THE WEST 137 FEET OF TRACT 61, EDMONDS SEA VIEW TRACTS,
ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 76,
RECORDS OF SNOHOMISH COUNTY, WASHINGTON.
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES AS RECORDED
UNDER AUDITOR'S FILE NO'S. 1926981 AND 1926982, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON; AND,
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
(ALSO KNOWN AS PARCEL 1, CITY OF EDMONDS SHORT SUBDIVISION #5-52-66,
RECORDED UNDER RECORDING NO. 8710230442)
PARCEL NO.00434600006104
THE SOUTH 88 FEET OF THE NORTH 176 FEET OF HE WEST 137 FEET OF TRACT 61,
EDMONDS SEA VIEW TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 3 OF PLATS, PAGE 76, RECORDS OF SNOHOMISH COUNTY, WASHINGTON;
TOGETHER WITH AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS RECORDED
UNDER AUDITOR'S FILE NO'S 1926981 AND 1926982, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON; AND,
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
(ALSO KNOWN AS PARCEL 2, CITY OF EDMONDS SHORT SUBDIVISION #5-52-66,
RECORDED UNDER RECORDING NO. 8710230442)
PARCEL NO.00434600006105
THE WEST 137 FEET OF TRACT 61, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, ON PAGE 76, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON;
EXCEPT THE NORTH 176 FEET THEREOF; AND,
TOGETHER WITH EASEMENTS FOR INGRESS, EGRESS AND UTILITIES AS RECORDED
UNDER AUDITOR'S FILE NO'S. 1926981 AND 1926982, RECORDS OF SNOHOMISH COUNTY,
WASHINGTON; AND,
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
(ALSO KNOWN AS PARCEL 3, CITY OF EDMONDS SHORT SUBDIVISION #S-52-66,
RECORDED UNDER RECORDING NO. 8710230442)
PARCEL NO.00434600006106
THE SOUTH 82 FEET OF TRACT 61, EDMONDS SEA VIEW TRACTS, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, ON PAGE 76, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON;
EXCEPT THE WEST 137 FEET THEREOF;
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
ALL SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
Exhibit B
Site Plan
'50'33" W 8.94' TYPE 48-0 W/ SOLID LID
_ RIM.192.59
k \IE 187.59 (12' IN, S)
IE: 187.59 (12' 011r, NW)
LL
N
0
\ \ELOTA
N 89'1523 W 50.00 I 6' F0077 DRAIN IN
1 a 6I ROOF DRAIN
71PE-2 48-0 W/ SOLID LID
RIM.,208.65
0 198.50 (12' IN, S)
IE: 198.50 (12' OUT, N)
TYPE-2 48 0 W/ SOLID LID
RIM.211.01
IE: 204.50 (12' IN, E)
IE 204.50 (12' OUT, N)
EXHIBIT B
p
IE 243.85 (12' S)
2,1
BLF 12' SD 0 35.74X—
CONTROL R
IE: 238.00 (12' OUT, W)
9LF 12' 14 0
F7
C)
+
LOT C
J
SLF 12' SD 0 1.50X
—DETENTION VAULT
(97' x 16' x 8)
- CB#4
WQ FILTER
RIM:244.83
IE 235.25 (12' IN, E)
IE' 232.80 (12' OUT, W)
5' x 10' GRATE
00
•CB#7
RIM:251.60
IE 246.31 (12' OUT, N)
LOTD
CLEAN OUT TABLE
CO #
RIM
CO I.E.
1 (FOOTING)
211
207
2
247
245
3
247
244.75
4 (FOOTING)
213
208.9
5 (FOOTING)
214
211
6
247
245
7 (FOOTING)
216.5
209
8
251
248
I I I
I � I
I O I
I ^ I
I I
I fI
cf)I
I I
I
I
O I
NL
=61'2638'
=25.00'
=26.81'
SCALE: V = 50'
0 25 50