Loading...
REVIEWED NOT RECORDED RESUB2 BLD2022-1323+STORM COV. 4.3.2023_6.44.26_PM+3460865After 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 BLD2022-1323 Grantor(s) ELCFA LLC, a Washington limited liability company Grantee: City of Edmonds Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter) LOT A, CITY OF EDMONDS LLA NO. PLN2018-0027, REC. 201809215002, BEING A PTN OF LOT 26, SKELTON'S LAKE MCALEER 5 ACRE TRACTS, VOL. 6, P. 21, IN THE NE 1/4 SEC 31, TWP 27 N, RGE 4E, W.M., SNOHOMISH COUNTY APN:00576700002614 Property Address: 8215 236th St SW, Edmonds, WA 98026-5060 Assessor's Property Tax Parcel/Account Number at the Time of Recording: 00576700002614 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 12 Detention Pipe/Tank/Vault ❑ Concentrated Flow Dispersion M Other: Biopod (Oldcastle) ❑ 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: 8215 236TH ST SW, EDMONDS, WA 98026 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 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). This covenant shall run with the land and be binding upon the Owners. ELCFA LLC, a Washington limited liability company By: ELCFA Manager LLC, a Washington limited liability company Its: Managing Member By: Housing Hope Properties, a Washington nonprofit corporation Its: Manager By: Printed Name: Title: STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISH ) APPROVED: CITY OF EDMONDS (Signature) (Print Name) (Title) I certify that I know or have satisfactory evidence that is the person who appeared before me and said person acknowledged that said person signed this instrument, on oath stated that said person was authorized to execute the instrument and acknowledged it as the of Housing Hope Properties, the Manager of ELCFA Manager LLC, the Managing Member of ELCFA LLC, a Washington limited liability company, to be the free and voluntary act such party for the uses and purposes mentioned in the instrument. DATED: Print Name: Residing at: My appointment expires: Exhibit A Legal description THE LAND REFERRED TO HEREIN BELOW IS SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WA, AND IS DESCRIBED AS FOLLOWS: LOT A, CITY OF EDMONDS LOT LINE ADJUSTMENT NO. PLN2018-0027, RECORDED SEPTEMBER 21, 2018 UNDER RECORDING NO. 201809215002, IN SNOHOMISH COUNTY, WASHINGTON. ® ju — f/a c I o c INTERCEPTOR \ 1Lo \\� I = a TRENCH \ r = I - s it c \ o ®I U I 0 0 001000 , , ,irQioiHIHIHioi _ i SDCB,TYPE I TYPICAL BIOPOD TREATMENT DETENTION VAULT 20' WIDE x 232' LONG x 7' DEEP 12" STORM o U / FLOW CONTROL TYPICAL i \ - n (IN -VAULT) \ \ _l HFi _ BIOPOD I, — \ Arno TREATMENT 459 SDCB, TYPE II-48" __-- s -=-= SD -_ --- TYPICAL — -- 6" TRENCH DRAIN ------- i--------- 6" TRENCH DRAIN loof Z SD SD o--0X SD \ \ SD-- SD .� SD SD SD� 236TH STREET SW CONNECT TO EXISTING STORM DRAINAGE EXHIBIT B - SITE PLAN SCALE: 1" = 50'