Declaration of Covenant - #00177-Landsverk.pdfELECTRONICALLY RECORDED
201603100177 5
03110/2016 10:44 AM 77.00
SNOHOMISH COUNTY, WASHINGTON
After recording return to:
City Clerk
City of Ed1nonds
121 1+°ifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stonnwater Facility
Reference Number(s) of Related Documents
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Grantee(s) (Last, First and Middle Initial)
City of Echnonds
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THIS DOCUMENT OF RECORDASA CUStiOMER
COUM SY AND ACOPIS NO LIABILITY FOR THE
ACCURACY OR VALIDITY OF THE 00CUMICNT.
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The AuditorlRecorder wwill rely on the information provided on this form. The staff will not read the document to verify the accuracy or
completeness of the irrrlereirr irul'orolation provided herein.
After recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
Declaration of Covenant - Private Stormwater Facility
Reference Number(s) of Related Documents
N/A
Grantor(s) (Last, First and Middle Initial)
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CHICAGO TITLE INSURANCE COMPANY HAS PLACED
THIS DOCUMENT OF RECORD ASA CUSTOMER
COURT S'? ANDACCtPTSNO LIABILITY FOR THE
Grantee(s) (Last, First and Middle Initial) ACCURACY OR VALIDITY OF: THE DOCUMENT.
City of Edmonds
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Assessor's property Tax Parcel/Account Number at the Time of Recording:
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"rhe rladifor/Recorder will rely on 1,;Irt. hrl"rarynation provided on this form. The staff will not read the document to verify the accuracy or
coanpletrness of the lodexitt iwrforg):�tion pr-ovided herein.
DECLARATION OF COVENANT
Private Stormwater Facility
WHEREAS, the undersigned Declarant(s) have installed a stormwater facility under
Edmonds Community Development Code Chapter 18.30 known as a "low impact development
best management practices (LID BMP)" in lieu of other required more conventional stormwater
systems, as selected below:
❑ Drywell
❑ Permeable Pavement ❑ Gravelless Chamber
14 Rain Garden / Bioretention Cell ❑ Other
❑ Infiltration Trench
WHEREAS, the City of Edmonds has allowed installation of the LID 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:Ig32?s' W...
}q g " t 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 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 described on Exhibit A agree that the property contains a
stormwater management facility called a "LID 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. "Low impact development" means development
conducted in a way that seeks to minimize or completely prevent alterations to the natural
hydrology of the site. Low impact development includes site planning and design to
reduce alterations of natural soil and vegetation cover, minimize impervious surfaces, and
specific practices that help to replicate natural hydrology such as permeable pavements,
green roofs, soil amendments, bioretention systems, and dispersion of runoff.
3. The Owners of the property described on Exhibit A shall maintain the size, placement,
and design of the LID BMP as depicted on the approved site plan, Exhibit B, 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
LID BMP is located. . All costs of maintenance and repair shall be the sole responsibility
of the Owners.
4, The Owners of the property described on Exhibit A shall inspect LID 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 LID
BMP so it functions 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 LID BMP facility. If, as the result of any such
inspection the City of Edmonds determines that the LID BMP is in disrepair, requires
maintenance or repair, or is otherwise not functioning as provided in the BMP site plan,
the City Engineer or his designee shall have the right, but not the obligation, to order the
Owners of the property described on Exhibit A to maintain or repair the same.
6, If the City of Edmonds determines that the LID 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 violator 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 LID BMP, the installation and presence
of the LID BMP, and the acts or omissions of the Owners, their officers, employees,
contractors, and agents relating to the construction, operation and maintenance of the LID
BMPs 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 LID BMPs.
8. This covenant shall run with the land and be binding upon the Declarant(s), as the owner
of the property described on Exhibit A, and on Declarant's successors and assigns as to
such property.
Dated::
DECLARANT(.' ): APPROVED:
IVa/. 0'p_ Q ~ CITY OF EDMONDS
'. i 1�1a"
�,. ur�
��.)(Signature)
(Print Name) (Print Name)
(Signature) (Title)
(Print Name)
State of Washington
ss.
County of Snohomish
On this day personally appeared before me"
f Declarant(s)I to me known to be the individu at, or individuals described in and who executed
th+ ,wrthi n and foregoing instrument, and acknowledged tht i � she/they signed the same as
iiVk c;rhtieir free and voluntary act and deed, for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN before me this 0, clay of ��.... r 201
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� at�ire
1
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(Name egbh
y printed or
stamped)
Notary Public in and for the State of Washington.
m�tie
Residing
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commission expires
My co..�
SOUTH 130 FEET OF THE WEST HALF OF THE NORHTWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 27 NORTH, RANGE 4
EAST, W.M., IN SHOHOMISH COUNTY, WASHINGTON;
EXCEPT THE WEST 20 FEET THEREOF FOR ROAD; (ALSO KNOWN AS SOUTH 130 FEET OF
TRACT 59, MAPLEWOOD GARDEN TRACTS, AN UNRECORDED PLAT).
SITUATE IN THE COUINTY OF SHOHOMISH, STATE OF WASHINGTON.