A COVENANT to the City of Vancouver, State of Washington, hereinafter "City", entered
Into in conjunction with Activity # of certain real property as more particularly described in Exhibit "A”, hereinafter "SITE" whereby the owners of said real property on behalf of themselves and all their heirs, assigns and successors in interest into whose ownership said property may pass, covenant that the City shall be granted an easement as more particularl y described in Exhibit “B” to access the storm water control and treatment facilities as shown on Exhibit "C", hereinafter "FACILITIES".
Owners herein covenant and agree to the City of Vancouver on behalf of themselves and all of their heirs, assigns and successors in interest into whose ownership the SITE might pass, as follows, it being specifically agreed and covenanted that this is a covenant running with the land hereinafter described in Exhibit "A”.
1. It is the purpose of this covenant to ensure that the City is allowed access to the storm water control and treatment facilities as shown on Exhibit “C”. The purpose of City access is for the inspection of facilities for compliance with VMC
14.25, Storm water Control Ordinance and its successors. A secondary purpose is for emergency maintenance to prevent flooding or pollution for other properties.
2. If the parties responsible for long-term maintenance fail to maintain their facilities to acceptable standards, the City shall issue a written notice specifying required actions to be taken in order to bring the facilities into compliance. If these actions are not performed in a timely manner, the City may perform this maintenance and bill the parties responsible for the maintenance in accordance with VMC
14.25.230.
Covenant Running with the Land
1

3.
4.
5.
Nothing in this covenant shall be construed to provide for public use of or entry into the storm water quantity and quality facilities area as s hown on Exhibit “C”.
However, representatives and agents of the City are hereby authorized to make reasonable entry upon such land for purposes related to administering this covenant.
The provision of this covenant is enforceable in law or equity by the City of
Vancouver and its successors.
This covenant and all of its provisions, and each of the exhibits, shall be binding upon the owners and any and all of their heirs, assigns and successors in interest into whose ownership FACILITIES may pass, and any obligations made herein by owners, shall be enforceable against all of their heirs, assigns and successors in interest into whose ownership the FACILITIES may pass.
Attachments: Exhibit A (Legal description of the parcel(s).)
Exhibit B (Legal description of easement.)
Exhibit C (8.5 x 11 inch legible copy of engineering plan showing the
Storm facilities and the easement)
Covenant Running with the Land
2

IN WITNESS WHEREOF, of parties here to have caused this agreement to be executed the day and year indicated below.
Dated this day of 20
STATE OF WASHINGTON )
) :ss
COUNTY OF CLARK )
By:
I hereby certify that I know or have satisfactory evidence that
Owner
Dated this signed this instrument, on oath stated that he/she was authorized to execute such, and acknowledge it to be the free and voluntary act for the uses and purposes mentioned in this instrument. day of 20
Signature of Notary
Printed Name of Notary
Notary Public for the State of WA, residing
My commission expires:
APPROVED AS TO FORM AND CONTENT ONLY:
CITY OF VANCOUVER, WASHINGTON
By:
Eric Holmes
City Manager (or his designate)
Approved as to form:
/s/ Ted H. Gathe (previously approved as to form)
City Attorney
Covenant running with the land – Individual