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REVIEWED RESUB2 BLD2022-1324+STORM COV.+8.1.2023_2.11.31_PM+3700987 DRAFTAfter recording return to: City Clerk City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Document Title(s) RESUB Aug 02 2023 CITY OF EDMONDS DEVELOPMENT SERVICES DEPARTMENT Declaration of Covenant - Private Stormwater BMP Reference Number(s) of Related Documents City of Edmonds (permit number) BLD2022-1324 Grantor(s) (Last, First and Middle Initial) Haider, Ron Grantee: City of Edmonds BLD2022-1324 Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter) PUGET SOUND MCHY DEPOT 5 AC TRS BLK 000 D-02 - S 80FT OF W 270FT LT 3 LESS N 70FT OF W120FT & LESS S 1 OFT Assessor's Property Tax Parcel/Account Number at the Time of Recording: 00548900000302 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 I8.30 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: 915 Brookmere St. 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: I. 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. 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. 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). 8. This covenant shall run with the land and be binding upon the Owners. Dated: AMY 2 3 EL-;;� - ;;�,Z� (Signature) RcYly -" I ! 40 1 (Print Name) (Signature) (Print Name) State of Washington ss. County of Snohomish APPROVED: CITY OF EDMONDS (Signature) (Print Name) (Title) On this day personally appeared before me iSotQ N ow4o (Yl.n Moa H et f 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 this ;?to day of l^nn•? , 2GO. NOTARY PUBLIC STATE OF WASHINGTON SYLVIA DESHAYES Lic. No. 185592 MYAppantment Expires JUNE 16, 2024 (Signature) S�I��� ��S1,a!VW (Name legibly printed or stamped) Notary Public in and for the State of Washington. Residing at: Lu Arlwovn My commission expires 0le - 1 b - Do a-y Exhibit A Legal description PUGET SOUND MCHY DEPOT 5 AC TRS BLK 000 D-02 - S 80FT OF W 270FT LT 3 LESS N 70FT OF W 120FT & LESS S 10FT Exhibi 6 -Site Plan I I DOWNSPOUT RIM = 114.80 I I INV. = 114.15 I I I I 25' VEGETATED Flow PATH / DISPERSION TRENCH I DISPERSION TRENCH FOR ROOF AREA C I TYPE I CATCH BASIN e�`t FOR ROOF AREA E/ SPLASH BLOCK/ ROCK PAD 2'W x 10'L I I 12" SUMP HERRING BONE GRATEa OVER 21W x 101 / FOR ROOF AREA i rc TOP EL - 114.45 I i �Cs�' RIM - 114.50 4 '� TOP EL = 11,7.U0 6" PERF PVC INV. 116.00 I 2'W x 3 6" PERF. PVC INV. = 113.45 BOTTOM OF TRENCH EL 112.45 INV. - 113.50 = BOTTOMiUr TRENCH EL. = 115.00 I RIM. = 111.25 INV. = 110.24 - PER COE BMP T5.10B V-4.4 I PICP PERMEABLE PAVERS PER.00E BMP T5.10B V-4.4 I PER COE BMP T5.10B V-4.6 25' VEGETATED FLOW PATH I PER COE BMP T5.15 (TYP.) TYPE I CATCH BASIN -----fiAbrME+AiED+L9W.. TH - I /1'2" SUMP HERRING BONE GRATE COVER PICP PERMEABLE PAVERS •-'-'- •-'-'-•-•- RIM = 117.05 PER COE BMP T5.15 (TYP.) r-'° -`° - _ _ _ - _ INV. = 116.05 DOWNSPOUT e I M = 113.25 r­ •-•-• i DOWNSPOUT It V. = 113.00 RIM = 117.50 L-,-•--- INV. =116.75 CONNECT WALL FOOTING Iffn DRAINS TO DISPERSION (TYP.) FI LOT 8 TRENCH DRAIN DOWN o I RIM = 114.65 RIM = 111.50 n •I INV. = 114.15 V. = 111.00 IL- JS PERMEABLE PAVERS _ WITH CHECK DAMS PER COE BMP T5.15, -•_._._._. SD-623, AND SD-637 I 25' VEGE1 Ar D I FLOW PA TIRE -DRAIN-• _--- RIM = OWNSPOUT I . _ . 114.80 IN = 114.15-----' - - - - - - - - - - - 8 SDCO; awneraner 25' VEGETATED FLOW PATH - - --------------- e - - - - - omi 5i nacre - - - -- - - - - ° i RIM 4 ---INV. 1i34S-- - - - DISPERSION TRENCH D WAY TO TRANSI110N i ROOF B AND WALKWAY' AREA TYPE BASIN ©© ERMEABLE 2'W8x 13'L TOP EL.=1110.75 12" CONCRPETE TO ASPHALT HERRING BONE GRAZE COVER WI IN R.O.W. 7ii11 6" PERF. PVC INV.=�109.75 _ ROM OF TRENCH EL. 108.75 RIM = 114.25 i INV. = 113.25 i PER COE BMP T5.104 V-4.5 DISPERSION TRENCH ___mI_ ii�PE l- 6Ai6N-BASIN- _ _ _ _ - - -----------------------------__-_ -_FOR ROOF AREA D � - 4d�W��r#8N'+�---..---°^---- s�___- 12" SUMP TOP EL. = 114.20 HERRING BONE GRATE COVER 6 PERF. PVC-IFP�- rm=--------- 1 RIM = 10.80 BOTTOM OF TRENCH EL - 112.20 INV. = 109.80 PER COE BMP T5.1OB V-4.4 o ao Fees