Recorded Stormwater Covenant BLD20180414.pdfAfter recording return to:
City Clerk
City of Edmonds
121 Fifth Avenue North
Edmonds, WA 98020
Document Title(s)
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Declaration of Covenant - Private Stormwater Facility
Reference Number(s) of Related Documents
City of Edmonds (permit number) BLD20180414
Grantor(s) (Last, First and Middle Initial)
Almark Corporation
Grantee(s) (Last, First and Middle Initial)
City of Edmonds
Legal Description (abbreviated form; i e , lot, plat or section, township, range, quarter/quarter)
Portion of NE 1/4, NW 1/4, Section 19, T.27N., RAE., W.M.
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
27041900214600
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.
RECEIVED
NOV 2 8 2016
DEVELOPMENT SERVICES
COUNTER
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: 19816 86th Place W
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.
3. 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.
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: //L7-" 1,L
DECLARANT(S):
APPROVED:
CITY OF EDMONDS
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(Signature) (Signature)
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(Print Name) (Print Name)
(Signature)
(Print Name)
State of Washington
County of Snohomish
(Title)
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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 signed the same as
his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN before me this day of
(Signature)
201.
(Name legibly printed or stamped)
Notary Public in and for the State of Washington.
Residing at:
My commission expires
State of Washington
County of Snohomish
I certify that I know or have ,satisfaptory evidence that
is the person who appeared before me and said person acknowledged th e%she/they
signed this instrument, on oath stated tha ie he/they was/were authorize to execute the
instrument and acknoy�ledged it as the
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of hl"1rg�r to be
the free and voluntary act of such party for the uses and purposes mentioned in the
instrument.
Given under my hand and official seal this _day of __AW , 2011,
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Not c n and for the State of Washington
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Residing at
My appointment expires
Exhibit A
Legal description
LOT 3 OF CITY OF EDMONDS SHORT PLAT NO. PLN-2016-0006, RECORDED OCTOBER 12,
2017, UNDER RECORDING NO.201710125001, BEING A PORTION OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 27 NORTH,
RANGE 4 EAST, W.M.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVATIONS OF RECORD.
CLEANOUT
FOOTING DRAINS ONLY
INV=395.03 �
EXHIBIT B
NO SCALE
CB #4
TYPE 1L
W/SOLID COVER
TOP=400.5t
INV IN=396.07 (E) 4" PVC (RD)
INV IN=396.47 (E) 4" PVC O.F. FROM CB #3
INV OUT=395.97 (S) 4" PVC TO TRENCH 3B
INV OUT=396.47 (W) 4" PVC O.F. TO CB #2
4- PVC (FD) O 2.OS MIN.
TRENCH 3A (L=35.0')
TOP OF ROCK=396.47
INV=395.97
BOTTOM OF ROCK=394.97
TRENCH 3B (L=35.0')
TOP OF ROCK=396.47
INV=395.97
BOTTOM OF ROCK=394.97
TRENCH 4 (L=38.0')
TOP OF ROCK=396.47
INV=395.97
BOTTOM OF ROCK=394.97
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INV IN=396.07 (E) 4" PVC (RD)
INV OUT=395.97 (N) 4" PVC TO TRENCH 3A
INV OUT=396.47 MIN. (W) 4" PVC O.F. TO CB #4
CB #2
TYPE 1L
W/SOLID COVER
INV IN=396.47 (E) 6" PVC O.F. FROM CB #4
INV IN=396.07 (E) 6" PVC FROM CO #1
INV OUT=395.97 (N) 4" PVC TO TRENCH #4
INV OUT=396.47 (SW) 6" PVC O.F. TO YD #1
W/SOLID COVER
TOP=397.5t
INV IN=396.38 (NE) 6" PVC O.F.
INV OUT=396.38 (S) 6" PVC
CB
W/FRAME & GRATE
TOP=401.03
INV=398.03 co
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INV=397.71