NOT RECORDED PENDING FINAL SIGNATURES RESUB 2-BLD2022-1556+Stormwater Covenant+3.15.2024_9.56.19_AM+4137362After recording return to: City
Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title
Declaration of Covenant - Private Stormwater BMPs
Reference Number(s) of Related Documents
City of Edmonds Building Permit Number BLD2022-1556
Grantor(s)
DRT Holdings, LLC
Grantee:
City of Edmonds
Legal Description
LOT 6, BLOCK 4, SEATTLE HEIGHTS DIVISION FOUR, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 11, RECORDS OF
SNOHOMISH COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
Snohomish County Assessor's Property Tax Parcel Number 00566900400600
Page 1 of 6
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:
❑x Detention Arch Tank System; and
❑x Proprietary Media Filter
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), being the owners of the real property ("the
Property") located at the following address: 7509 212th Street Southwest, 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/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 detention BMPs, the BMP shall include all pretreatment devices upstream, the
detention device, and the control structure device; and
b. For Proprietary Media Filter, the BMP shall include the water quality treatment
device and the device filter media.
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.
Page 2 of 6
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).
Page 3 of 6
8. This covenant shall run with the land and be binding upon the Owners.
Dated: Ma,a •
DECLARANT:
DRT Holdings, L.L.C.
Signa re
Managing Member
(Title)
Lauren Golembiewski
APPROVED:
of Edmonds
(Signature)
(Title)
(Print Name) (Print Name)
Corporation
STATE OF WASHINGTON )
�''ff
) ss.
COUNTY OF � "OkOVW' 6k)
On this I L ' day of 20 2� , before me, the under -signed, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
1_,a ufe,A (-I n Itv 5 - Cyy-e,Lu to me known to be the vwav A _9n M 'm ~ oyf iZT+D
the corporation that executed the foregoing instrument, and acknowledged the said instrum t to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that !$tn2 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.
MARY HEGRA
NOTARYPUBLIC117t;
STATE OF WASHING 1,, ,
COMMISSION EXPIRES
APRIL 17, 2027
HEGRAT
NOTARYPUBLICf177672
STATE OF WASHINGTON
COMMISSION
APRIL 17E2 27ES
RY PJJWC in a4d4or the
State of Washington, residing at
EA vrto v t.J A -
My commission expires ' F O
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Exhibit A
Legal Description
LOT 6, BLOCK 4, SEATTLE HEIGHTS DIVISION FOUR, ACCORDING TO THE PLAT
THEREOF RECORDED IN VOLUME 9 OF PLATS, PAGE 11, RECORDS OF SNOHOMISH
COUNTY, WASHINGTON.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON
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Exhibit B
Site Plan
20 0 20
SCALE IN FEET
UNDERGROUND STORMWATER
ARCH TANK DETENTION SYSTEM
PROPRIETARY MEDIA FILTER
WATER QUALITY DEVICE
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WAREHOUSE BUILDING I
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PARCEL NUMBER I
00566900400600
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OFFICE BUILDING
7509 212TH STREET SW
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212TH STREET SOUTHWEST
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