Recorded Stormwater Covenant BLD20181095.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 BLD20181095
Grantor(s) (Last, First and Middle Initial)
WRIGLEY DOUGLAS R \ CYNTHIA D
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 25 TWP 27 RGE 03RT-167) BEG SE COR NW1/4 NE1/4 TH N88* 52 27W 30FT TH
N00*35 56E 292FT TH N88*52 27W 520.12FT TO TPB TH N00* 33 15E 116FT TH N88*52
27W 74.3FT THS00*33 15W 116FT TH S88*52 27E74.3FT TO POB
Assessor's Property Tax Parcel/Account Number at the Time of Recording:
27032500107800
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 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: Perforated Stub Out
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: 21423 98'' Ave W, EDMONDS, WA 98020 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 firture
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.
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: 6'''1-9 ) [ q
DECLARANT(S):
YIyVV '
(Signature)
-Ddt4gL/A-1 �Z Wri 4�2Y
(Print Name)
(Signature)
(Print Name)
State of Washington
ss.
County of Snohomish
APPROVED:
CITY OF EDMONDS
Gu
(Sign -e)
(Print Name)
(Title
On this day personally appeared before me Da„ " t' . t,yrc
{Declarant(s)} to me known to be the individual, oY 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 Z-`Z day of V`ka A , 2019.
`�\1/1111111q►/l►,, (Sign re)
(Name legibly printed or stamped)
Notary Public in and for the State of Washington.
COMM. Elm � Residing 3EK 30, �Qtl
` g at:L`{ M LA—)D c>,4
My commission expires
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Exhibit A
Legal description
BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHEAST QUARTER OF SEC77ON 25,
TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M.;
THENCE NORTH 88 52 27" WEST, 30 FEET,•
THENCE NORTH 035 56' EAST, 292 FEET
THENCE NORTH 885227' WEST, 520.12 FEET TO THE TRUE
POINT OF BEGINNING,•
7HENCE NORTH 033'15" EAST, 116 FEET,•
THENCE NORTH 885227' WEST, 74.3 FEET;
THENCE SOUTH 033'15" WEST, 116 FEET;
THENCE SOUTH 885227" EAST, 74.3 FEET TO THE TRUE POINT
OF BEGINNING.
SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON.
SUBJECT TO EASEMENTS, RESTRICTIONS AND RESERVA77ONS OF
RECORD.
REFER TO SURVEY RECORDED UNDER AUDITORS FILE NUMBER
FOR ADD1710N SURVEY CONTROL INFORMATION.
Exhibit B
Site Plan
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