ENG RECORDED STORMWATER COVENANT202503040300
COVENANTS Rec: $308.50
3/4/2025 2 48 PM 6 PG
SNOHOMISH COUNTY. WA
leu rccol-ding rcUn,n lo:
ClcT•k
1 of Edmond%
I Fifth Vt cnuc North
nionds, N A 08020
Document Title(s)
Declaration of Covenant - Private Stormwater BMP
Reference Number(s) of Related Documents
City of Edmonds (permit member) 1)� L 2- C
Grantor(s) (Last, First and Middle Initial)
Jj )t1 C
Grantee:
City of Edmonds
Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quancr/quaner)
[L It 'T\n;Pz} lLG(= U t4-13 j I!,L& 4h0.�i?_ t 1 v v
(� DV'T L.0 T 1 'M S ',*'3g 'L.3L- i$5.3 i F.`
114H,I TM S6 '*S9 44E 21&f li( ,��l�c1 -
Z3bJ Ail ri I PG
Assessor's Property Tax Parcel/Account Number at the "fime of Recording:
r � 14gOli 200300
The Auditor/Reorder 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.
DI't I ARA] ION OF COVENANT
Private Storn►water BM
\\ I 111\ 1 :\ S, lhr nntIrt signed I )cclarant(s) have installed one or more stormwatcr
tarrhtics under l'�lmolids Community Development Code (F.CDC) Chapter 18.30 known as
"stormwatcr best management practices (13M11')" as selected below:
U Permeable Pavement
❑ Infiltration Trcnch/Gallery/Drywell
❑ Detention Pipe/TankNault
U Concentrated Flow Dispersion
;Other:_=?G3 }-Ctj�. Fi
J-Jer S+n
U Infiltration "tank/Vault
Q4. Sheet Flow Dispersion
U Reduced Impervious Footprint
U 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 DECLARAN-II(S), being the owners of th� real propertv ("the
Property") located at the following address: _1 �_l_ _'� (� )4 S` �v ¢ (ti
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 owners) 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 stormwatcr
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 n►noff 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.
e. For dispersion based WIN. the BMP shall include all pretreatment devices
upslrram, the dispersion mechanism/device, and all elements of the downstream
vegetated flow path, including restrictions on slopes and surface materials, as
required by 1:('IX' 18.30.
d. For detention BMPs, the BMI'shall include all pretreatment devices upstream, the
detention device, and the control stricture device.
c. 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.
?. 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
a_s 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.
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 property.
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 stormwatcr 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,
attonu•vs' fees and/or costs of any kind whatsoever, arising out of
%nllnii! from the approval of the 13MP(s), the installation and presence of
the 14NIP(s), and the acts or omissions of the Owners, their officers, employees,
c+miractors. and agents relating to the construction, operation and maintenance of the
]IMP(s) on the Propcity, except for the City's intentional and willful tortious acts, and
\rai\"c Mid release the City of I?dmonds from any and all claims for damages and
injunclive relief which the. Owners may themselves have now or in the future, by reason
of the constniction, maintenance and operation of said RMP(s).
This covenant shall nun with the land and be binding upon the Owners.
Dated:
DECLARANT(S):
(Signature)
- --
(Pr wName)
-
(Signature)
NJ�,,--
(Print Name)
State of Washington
.M
County of Snohomish
APPROVED: CITY OF EDMONDS
(Signature
Jeff Whatrnore
(Print Name)
_ En9ineedng Tech
(Title)
On this day personally appeared before me
Declarant(s)) 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 thisL day ot`lc��r
CAROLINE f ELLIOTT (Signa ure)
Notary Public ✓ i.
State of Washington —jk
—
Commission # 130758 (Name legibly printed or stamped)
My Comm. Expires Aug 20, 2027 Notary Public in and or the State of Washington.
Residing
My commission expires
1, xhihit A
(.�!al (Ic"c 1 iplIMI
`FC 18 ]AV1' 27 R(it; 04WI'-1713) 13EG 460.42F'I, N OF SW COR
GO VT 1 OT 1 T'11 S8 3*38 23E 185.311.1" 1'P13 'ITI S38*04 29W
144.51-T 1'li S67*59 44E' 218FT TFI NO 1 *01 37E 182.5FT TVI N83* 38
'3W 117FT ']'PR
EXHIBIT B
DRAINAGE SITE PLAN