Fillable DECLARATION OF COVENANT (City of Sammamish)

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DECLARATION OF COVENANT (City of Sammamish)

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RECORDING REQUESTED BY
AND WHEN RECORDED MAIL
TO:
CITY OF SAMMAMISH
C/O PERMIT CENTER
801 228
TH
AVENUE SE
SAMMAMISH, WA 98075
DECLARATION OF COVENANT
FOR INSPECTION AND MAINTENANCE OF STORMWATER
FACILITIES AND FLOW CONTROL BMPS
Grantor(s):
Grantee: City of Sammamish
Legal Description of Property:
Additional Legal(s) on:
Assessor's Tax Parcel ID#:
IN CONSIDERATION of the approved City of Sammamish (hereafter referred to as CITY) residential
building permit, commercial building permit, clearing and grading permit, subdivision permit,
or short subdivision permit for Application No. relating to the real property
(PROPERTY) described above, the Grantor(s), the owner(s) in fee of that Property, hereby covenant(s)
with the City of Sammamish, a political subdivision of the state of Washington, and its successors and
assigns, that Grantor(s) will observe,
consent to, and abide by the conditions and obligations set forth and
described in Paragraphs 1 through 8 below. Grantor(s) hereby grant(s), covenant(s), and agree(s) as
follows:
1.
Grantor(s) or Grantor(s) successors and assigns (hereafter referred to as OWNERS) shall retain,
uphold, and protect the stormwater management devices, features, pathways, limits, and restrictions,
known as flow control best management practices (BMPs) as shown on the approved Flow Control
BMP Site Plan for the Property attached hereto, and incorporated herein, as Exhibit “A”.
2.
The OWNERS shall, at their own cost, operate, maintain, and keep in good repair, the PROPERTY’s
BMPs as described in the approved Design Drawings and Maintenance Details for each BMP attached
hereto, and incorporated herein, as Exhibit “B”.
3.
At the OWNERS option, OWNERS shall
a. Allow the CITY to enter the PROPERTY upon at least 14 days advanced notice for the purpose
of inspecting the BMPs; or
b. In lieu of inspection by the CITY, the OWNERS may engage a licensed civil engineer,
registered in the State of Washington, with expertise in drainage, to inspect the BMPs and
provide a written report to the CITY describing their condition.
If the engineer option is chosen, the OWNERS shall provide written notice to the CITY’s Public
Works Department (DEPARTMENT) within seven days of receiving the CITY’s notice of
inspection. Within 30 days of giving such a notice to the CITY, the OWNERS or their engineer shall
provide the engineer’s report to the DEPARTMENT. If the report is not provided to the CITY in a
timely manner, as specified above, the CITY may inspect the BMPs without further notice.
4.
If the DEPARTMENT determines from its inspection, or from the engineer’s report provided in
accordance with Paragraph 3, that maintenance, repair, restoration, and/or mitigation work is
required for the BMPs, the DEPARTMENT shall notify the OWNERS of the specific maintenance,
repair, restoration, and/or mitigation work (WORK) required under Title 13 of the Sammamish
Municipal Code (SMC). The DEPARTMENT shall also set a reasonable deadline for the OWNERS
to complete the WORK.
Failure to complete the WORK within the time frame set by the DEPARTMENT and/or to properly
maintain the BMPs, may constitute a violation of SMC Title 13 and may subject the OWNERS to
an enforcement action.
5.
Apart from performing routine landscape maintenance, the OWNERS shall obtain written approval
from the DEPARTMENT before performing any alterations or modifications to the BMPs.
6.
Any notice or approval required to be given by one party to the other under the provisions of this
Declaration of Covenant shall be effective upon personal delivery to the other party, or after three
(3) business days from the date that the notice or approval is mailed to the current address on record
of each party. The parties shall promptly notify each other of any change of address.
7.
This Declaration of Covenant is intended to promote the efficient and effective management of
surface water drainage on the PROPERTY, and it shall inure to the benefit of the City of Sammamish
and its successors and assigns. This Declaration of Covenant shall run with the land and be binding
upon OWNERS successors and assigns.
8.
This Declaration of Covenant may be terminated by execution of a written agreement by the
OWNER(S) and the City of Sammamish and said agreement shall be recorded with King County.
IN WITNESS WHEREOF, this Declaration of Covenant for the Inspection and Maintenance of
Stormwater Facilities and BMPs is executed this day of , 20 .
GRANTOR, owner of the Property
GRANTOR, owner of the Property
STATE OF WASHINGTON )
COUNTY OF KING )ss.
On this da
y personally appeared before me:
, to me known to be the individual(s) described
in
and who executed the within and foregoing instrument and acknowledged that they signed the same
as
their free and voluntary act and deed, for the uses and purposes therein stated.
Given under my hand and official seal this day of , 20 .
Printed name
Notary Public in and for the State of Washington,
residing at
My
appointment expires:
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DECLARATION OF COVENANT (City of Sammamish)

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Completed 24 January 2021

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