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DRAFT ENG BLD2024-0257+STORM COVENANT+11.22.2024_6.42.37_PM+4636045After 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) Grantee: City of Edmonds Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter) LEGAL DESCRIPTION: THAT PORTION Or VACA lEi7 LOTS I8.T9 AND 20, BLUR CIO, ORIGNAi PLAT OF NORT" EOMONDS. WASHNG,TON, ACCORDING TO THE 'PLAT THEREOF RECORD& IN VOLUME 2 OF PLATS, RACE 75, RECORDS OF SNOHOMiSH COUNTY. WASHINGTON. AND OF VAC:ATt6 NE4hPORT AVENUE DESCRIBED AS FOLLOWS. BEGINNING AT A POINT NORTH 38'34 EAST 14.00 FEET FROM THE INTERSECTION O- THE CENTERLINE SF NEWPORT AVENUE AND THE SOUTHEASTERLY LINE OF SECOND AVENUE; THEI4CE SOUTH 51'26' EAST 10.00 FEES NORTHEASTERLY FROM AND PARALLEL MTH THE C£NTERUNE OF NEWPORT AVENUE, A DISTANCE Or 113.00 FEET; THENCE 'SOUTH 38' 14' WEST' 100-00 FEET, THENCE NORTH 51'26' WEST 113.00 FEET TO THE SOUTHEASTERLY MARO#N OF SECOND AVENUE, THENCE NORTH 3814' EAST 100.00 FEET TO THE POINT OF BEGINNING. PURSUANT TO :STIPULATION AND AGREED .NJL'fGUtNT REFORMING DEED AND QUIETING 11ITLE To FLEA+ PROPERTY UNDER ACTIO14 FILED UNDER Sir`+3i-4OM)St3 COUNTY SUPERgd3R COURT CAUSE NUMBER 13-2—M29--9; SITUATE IN THE COUNTY OF SNOM OMISH, STATE OF WASHINGTON Assessor's Property Tax Parcel/Account Number Alt the Tim of Recording-. 27031300409000 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 ❑ 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), being the owners of the real property ("the Property") located at the following address: 1520 10th PL N Edmonds, WA 98020 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, 8. Dated: 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. DECLARANT(S): (Signature) (Print Name) (Signature) (Print Name) State of Washington M County of Snohomish APPROVED: CITY OF EDMONDS (Signature) (Print Name) (Title) On this day personally appeared before me {Declarant(s)I to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged that he/she/they/it signed the same as his/her/their/its free and voluntary act and deed, for the uses and purposes therein mentioned. SUBSCRIBED AND SWORN before me this day of (Signature) 20 . (Name legibly printed or stamped) Notary Public in and for the State of Washington. Residing at: My commission expires Exhibit A Legal description LEGAL DESCRIPTION, THAT PORTION OF VACATEO LOTS 18,19 AND 20. SLOCK 40. ORIGINAL PLAT Or NORTH EDMONDS. WASHINGTON, ACCORDING TO 7HE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 75, RECMS OF S-NOf40M#SH COUNTY, WASH;NG",ON, AND OF VACAIED NEWPORT AVENUE DESMISED AS FOLLO*S- -BEGINNING AT A POINT NORTH 3W3A' EAST 10.00 FEE-t FROM THE INTERSECTION OF THE CENTFRONE OF N-PWPORT AVENUE AND THE SOL"THEASTERLY LINE OF SECOND A�rr-NUE, T HE MENCE SOIL 517fi* EAST MOD FEET NORTHEASTERLY FROM AND PARALLEL WITH CENTERUNE OF NEWPORT AVENUE, A DISTANCE OF 113.00 FEET, THENCE SOUTH 38- 34' WEST 100.00 FEET, THENCE NOR114 51*26' WEST 113.00 FEET TO THE SOUTHEASTERLY MARON OF SECOND AVENUE; THENCE NORTH 38*3** EAST 100.00 FEET TO THE POINT 'OF SECANNING, PURSUANT TO STIPULATION AND AGREED JUDWENT REFORMING DEED AND WICTING TITLE TO REAL PROPERTY UNDER ACTION FILED UNDER SNOHOMISH COUNTY SUPERIOP COURT CAUSE NUMBER 13-2-08829-9: SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON EXHIBIT B 10th PLACE N N 40' 10'59" E 100.00' PERVIOUS PAVER DRIVEWAY DRIVEWAY SLOPE SHALL NOT EXCEED 14% PER ECDC18.80.060 PER SD-623 EA 8' DIAM X 4' DEEP RYWELLS IM = 119 OTTOM=114ER SD-638 A911 TYPE 1 CATCH I9A9]M911- 12 aP F19LF4"PVC7@22% RVI SAVER WK PER SD-623 4PYC DRAIN z -Los NOTE: DRAIN 112 OF ROOF TO EACH DRYWELL A C, O C G J� o , NEW 2 STORY RESIDENCE c� .m F.F.+121.0 0 ROOF = 3,685 SF �2 SEP 119 If 4" PVC @ 2% N 40'10'59" E 100.00'