RECORDED STORMWATER COVENANT202411250159
COVENANTS
R— $308.50
11/25/2024 12:15 PM I of
6
SNOHOMISH COUNTY. WA
Felton Family Trust
Attn: Samuel P. Felton, Trustee
8415 Talbot Road -
Edmonds, Washington
98026-5044
RECEIVED
NOV 25 2024
CITY OF EDMONDS
DEVELOPMENT
SERVICES DEPARTMENT
Declaration of Covenant - Private Stormwater BMP
Grantor:
Felton, Samuel P. [Trustee]
Felton, Lin C. [Trustee]
on behalf of the Felton Family Trust
Grantee:
City of Edmonds
Legal. Description:
Talbot Park BLK 000 D-00 - Lot 16
Assessor's Parcel Number at Time of Recording:
00594400001600 ,
202411250159 Document: COVENANTS Rec: $308.50 Page-2 of 6
Record Date:11/25/2024 12:15 PM Snohomish County, WA
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
o Infiltration Trench/Gallery/Drywell
❑ Detention Pipe/Tank/Vault
❑ Concentrated Flow Dispersion
■ Other: Fill Dispersion
❑ 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), being the owners of the real property ("the
Property") located at the following address: 8415 Talbot Road
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 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 BM[Ps, 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.
202411250159 Document: COVENANTS Rec: S308.50 Page-3 of 6
Record Date:11/25/2024 12:15 PM Snohomish County, WA
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 BMWs 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 BMWs 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 fiuther 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
202411250159 Document: COVENANTS Rec: $308.50 Page-4 of 6
Record Date:11/25/2024 12:15 PM Snohomish County, WA
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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: %j
DECLARANITS: APPROVED: CITY OF EDMONDS
(Signature) (Signature)
Samuel P. Felton Natalie Griggs
(Print Name) (Print Name)
Engineering Technician
(Signature) (Title)
Lin C. Felton
(Print Name)
Statef of Washington )
- ss.
County of Snohomish )
On this day personally appeared before me Samuel P. and Lin C. Felton
{Declarants} to me known to be the individuals described in and who executed the within and
foregoing instrument, and acknowledged that they signed the same as their free and voluntary act
and deed, for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN before me this `�s ' day of. N vve�.. be.- , 20l i
DAVID FLETCHER
Notary Public
State of Washington
Commission # 20118544
My Comm. Expires Oct 18, 202.8
(Signature)
/l i'
yi d c �yi�'� e,✓—
(Name legibly printed or stamped)
Notary Public in and for the State of Washington.
Residing at: �3
My commission expires 16 - �-�r
202411250159 Document: COVENANTS Rec: $308.50 Page-5 of 6
Record Date:11/25/2024 12:15 PM Snohomish County, WA
Exhibit A
Legal description
Talbot Park BLK 000 D-00 - Lot 16
202411250159 Document: COVENANTS Rec: S308.50 Page-6 of 6
Record Date:11/25/2024 12:15 PM Snohomish County, WA
Exhibit B
Site Plan
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