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Return Address:
______________________________
______________________________
______________________________
WASHINGTON STATE RECORDER’S Cover Sheet
Document Title(s) (or transactions contained therein): (all areas applicable to your document
must be filled in)
DECLARATION OF COVENANT AND GRANT OF EASEMENT
Reference Number(s) of Documents assigned or released:
Additional reference numbers on page of document
Grantor(s): (Last name first, then first name and initials)
1.
2.
[ ] Additional names on page ____ of document
__________________________________
Grantee(s): (Last name first, then first name and initials)
1. CITY OF MUKILTEO
2.
[ ] Additional names on page _____ of document
Legal Description: (abbreviated form i.e. lot, block, plat name, section-township-range)
[ ] Additional legal on page _____ of document
Assessor's Property Tax Parcel Account Number(s):
The Auditor/Recorder will rely on the information provided on the form. The staff will not read the
document to verify the accuracy or completeness of the indexing information provided herein.
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When Recorded Mail to:
______________________________
______________________________
______________________________
DECLARATION OF COVENANT AND GRANT OF EASEMENT
For Stormwater Best Management Practices
Grantor(s): ________________________________________________
Grantee(s): City of Mukilteo
Property Address: ________________________________________________
Property Tax Parcel No.: ________________________________________________
IN CONSIDERATION of the following approved City of Mukilteo permit Application
No. ______________ issued for improvements associated with the property located at
, the Grantor(s), the owner(s) in fee of the
above-described parcel of land, hereby covenants with the City of Mukilteo, a political
subdivision of the State of Washington, its successors in interest and assigns, that it will
observe, consent to, and abide by the conditions and obligations set forth and described
below with regard to the Property, and hereby grants an access easement on and to the
Property to the City of Mukilteo, for the purposes described in Paragraph 3 below.
Grantor(s) hereby grants covenants, and agrees as follows:
1. Owner(s) of the Property shall retain, uphold, and protect the stormwater
management devices, features, pathways, limits, and restrictions, known as best
management practices (BMPs), shown on the Site Plan for the Property attached hereto
and incorporated herein as Exhibit A.
2. Owner(s) of the Property shall, at their own cost, operate, maintain, and keep in
good repair, the Property’s BMPs as shown in Exhibit B Details, and as described in the
approved Maintenance Manual and Requirements for each BMP attached hereto and
incorporated herein as Exhibit C.
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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
immediately.
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
damages.
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.
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IN WITNESS WHEREOF, this Declaration of Covenant and Grant of Easement is
executed this ____________ day of ___________________, 20_____.
GRANTOR(S):
By: By:
Its: Its:
STATE OF WASHINGTON )
) ss.
COUNTY OF ____________ )
I certify that I know or have satisfactory evidence that _____________________
___________________ is the person(s) who appeared before me, and acknowledge that
he/she/they signed and delivered this instrument as his/her/their free and voluntary act for
the uses and purposes set forth.
DATED THIS day of ___________________, 20__.
NOTARY PUBLIC in and for the
State of Washington
Residing at:
My Commission Expires:
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EXHIBIT A
SITE PLAN
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EXHIBIT B
STORMWATER FACILITY and BMP DETAILS
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EXHIBIT C
OPERATIONS and MAINTENANCE MANUAL REQUIREMENTS
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