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Draft Covenant.pdfAfter 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 City of Edmonds (permit number) Grantor(s) (Last, First and Middle Initial) Christophilis, Konstantinos A Christophilis, Nikki Grantee(s) (Last, First and Middle Initial) City of Edmonds Legal Description (abbreviated form; i.e., lot, plat or section, township, range, quarter/quarter) SEC 23 TWP 27 RGE 03 RT-15) BAAP ON N LN EDMONDS ST WH ALLEY RUNG THRU BLK 11 PROD WOULD INT THE R ANG TO SD N LN ST 120FT TH ANG R 90* FOR 60FT TH ANG R 90* FOR 120FT TO N LN ST TH NELY ALG SD N LNST TO POB Assessor's Property Tax Parcel/Account Number at the Time of Recording: 27032300101700 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 indeidng information provided herein. DECLARATION OF COVENANT Private Stormwater Facility WHEREAS, the undersigned Declarant(s) have installed one or more stormwater facilities under Edmonds Community Development Code Chapter 18.30 known as a "low impact development best management practices (LID BMP)" as selected below: ❑ Permeable Pavement ❑ ❑ Rain Garden / Bioretention Cell ❑ ® Drywell ❑ Infiltration Trench Gravelless Chamber Other 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: 115 Edmonds street 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 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 stormwater management facilities referred to as an "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. The Owners 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 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 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 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 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(s), the installation and presence of the LID 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 LID 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 LID BMP(s). 8. This covenant shall run with the land and be binding upon the Owners. Dated: 5- Z ' I DECLARANT(S): (Signature) Haj'+ e 0Win I (Title) (Print Name) Corporation STATE OF WASHINGTON ) ss. COUNTY OF ) APPROVED: CITY OF EDMONDS (Si attire) IA�k ZLA A-U (Print Name) �Vt(ik'MCT4ch��r i 1� (Title) On this V-6k day of AAA Y , 20 /'? , before me, the under -signed, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared k . Chi'sbof J41-s to me known to be the Home owner of I is &.b wnds st- and acknowledged the said instrument to be the free and voluntary act and deed e€-said -se;per-atien for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrumentthat the WITNESS my hand and official seal hereto affixed the day and year first above written. NYUAN Notary Publiclic NOTAY PUBLIC in and for the No State of Washington State of Washington, residing at My Appointment Expires Dec28,2020 %3710 Ha✓bow Pointe 8JW4. S14/ MKkt rf-fieo . WA . Dated: 5j2i5 ( q DECLARANT(S): (Signature) +1/rmwa 1A)AP (Title) (Print Name) Corporation STATE OF WASHINGTON ) ss. COUNTY OF ) APPROVED: CITY OF EDMONDS I '�NC4, AD a (Signs ,e A'A�\y\,p 7,daik_ (Print Name) M ' ��� Y1� n � �_ (Title) (I On this 28f� day of R4, 20A before me, the under -signed, a Notary Public in and for the State of ashington, duly commissioned and sworn, personally a geared /i�k/Cr' G'��is�D,•��%v to me known to be the of / /J ,,, ^ 0P)A,r S , , and acknowledged the said instrument to be the free and voluntary act and deed den, for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument s WITNESS my hand and official seal hereto affixed the day and year first above written. WENYUAN SHI Notary Public State of Washington My Appointment Expires Dec 28, 2020 NOTARY PUBLIC in and for the State of Washington, residing at .;.-TIC Hcwb~ { e i-ie_ aha . S w Exhibit A Legal description ALL THAT PORTION OF GOVERNMENT LOTS 1 AND 2, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING ON THE NORTH LINE OF EDMONDS STREET IN EDMONDS, WHERE THE EAST LINE OF SAID ALLEY RUNNING THROUGH BLOCK 11, IN A NORTHERLY AND SOUTHERLY DIRECTION IN PLAT OF EDMONDS, PRODUCED NORTH, CROSSES THE SAID NORTH LINE OF EDMONDS STREET; THENCE IN A NORTHEASTERLY DIRECTION AND AT RIGHT ANGLES TO SAID EDMONDS STREET 120 FEET; THENCE IN A SOUTHEASTERLY DIRECTION AND PARALLEL TO SAID NORTH LINE OF EDMONDS STREET 60 FEET; THENCE IN A SOUTHWESTERLY DIRECTION ON A LINE AT RIGHT ANGLES TO SAID NORTH LINE OF EDMONDS STREET; THENCE IN A NORTHWESTERLY DIRECTION ALONG THE NORTH LINE OF SAID EDMONDS STREET 60 FEET TO PLACE OF BEGINNING. SITUATED IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. EXHIBIT B - SITE PLAN Nso� 9j•\ \,. �g9"r of