3. The City of Mukilteo shall have nonexclusive perpetual access easement on the
Property for ingress and egress over the Property for the sole purposes of inspecting and
monitoring the Property’s BMPs, and if applicable in accordance with the terms of
Paragraph 4 below, performing any corrective work required to bring the Property’s
BMPs into compliance with the Mukilteo Municipal Code.
4. If the City of Mukilteo determines that maintenance, repair, restoration, and/or
mitigation work is required to be done to the BMPs and has not been performed by the
Property owner(s), the Public Works Director of the City of Mukilteo shall give notice to
the Property owner(s) of the specific maintenance, repair, restoration, and/or mitigation
work (Work) required pursuant to the Mukilteo Municipal Code. The Director shall also
set a reasonable time in which the Work is to be completed by the Property owner(s). If
the Work is not completed within the time set by the Director, the City of Mukilteo may,
but is not obligated to, perform the required Work. Prior to performing the Work, the
City shall provide written notice to the Property owner(s) stating City of Mukilteo will
not commence such Work until at least seven (7) days after notice is mailed. If, within
the sole discretion of the Public Works Director, there exists an imminent or present
danger, the owner hereby waives the seven (7) day notice period and the Work may begin
5. The owner(s) of the Property shall assume all responsibility for the cost of any
Work required to be done to the BMPs. Such responsibility shall include reimbursement
to the City of Mukilteo within thirty (30) days of the receipt of the invoice for any such
Work performed by the City of Mukilteo in accordance with the terms of Paragraph 3
above. Overdue payments will accrue interest at the current legal rate for liquidated
6. Apart from performing routine landscape maintenance, the Property owner(s) is
(are) hereby required to obtain written approval from the City of Mukilteo prior to
performing any alterations or modifications to the BMPs.
7. Any notice or consent required to be given or otherwise provided for the
provisions of this Declaration of Covenant and Grant of Easement shall be effective upon
personal delivery, or three days after mailing by Certified mail, return receipt requested,
whichever occurs sooner.
8. This Declaration of Covenant and Grant of Easement is intended to promote the
efficient and effective management of surface water drainage on the Property, and it shall
inure to the benefit of all the citizens of Mukilteo, its successors and assigns. This
Declaration of Covenant and Grant of Easement shall run with the land and be binding
upon Grantor(s), and Grantor’s(s’) successors in interest and assigns.
9. This Declaration of Covenant and Grant of Easement may be terminated by
execution of a written agreement by Grantor(s) and the City of Mukilteo expressing their
mutual agreement to terminate this Declaration of Covenant and Grant of Easement.