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Home My WebLink About2015-11-09 - Rylee Ann LLC - Stormwater Covenants\\ Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3191334 Recorded 10:01 AM 12/16/2015 COVEN Page: 1 of 19 $91.00 CITY OF EAST WENATCHEE When Recorded Please Return to: Dana Barnard, City Clerk City of East Wenatchee 271 9" Street NE East Wenatchee, WA 98802 The information contained in this boxed section is for recording purposes only in accordance with RCW 36.18 and RCW 65.04 and is not to be relied upon for any other purposes, and shall not affect the intent of or any warranty contained in the document Document Title: Declaration of Storm Water System Treatment Facility Maintenance Restrictions and Covenants Reference Number of Documents Released: N/A Reference Numbers of Related Documents: N/A Grantor: RYLEE ANN LLC Grantee: City of East Wenatchee Legal Description (Abbreviated): LOT 12 EX TX 30-45-124-299-385-405-506: EAST WEN 11/2-22-20 (MIDDLE SCHOOL -FOOTBALL FIELD). Full legal on page 4 Parcel Number(s): 03800001201 DECLARATION OF STORM WATER SYSTEM TREATMENT FACILITY MAINTENANCE RESTRICTIONS AND COVENANTS Grantors declare and covenant as follows: 1. Grantors incorporate all exhibits attached to this Declaration by reference. 2. The City of East Wenatchee is the beneficiary of all conditions and restrictions set forth in this Declaration. Grantors own real property located at 339 9th Street NE, East Wenatchee, Washington. The legal description of the property is set forth in the attached Exhibit A. 4. In relation to the property, Grantors have completed work associated with the project identified as East Wenatchee File # BP's 1980-1985 & 2009-2011. 5. As a condition of development, Grantors have designed and constructed a private storm water drainage system ("System") to serve the real property. To ensure the System functions as designed, the design engineer has prepared an operation and maintenance manual (attached as Exhibit B) in accordance with the requirements of the East Wenatchee Municipal Code. 6. Likewise, to ensure the System functions as designed, Grantors are perpetually responsible for the maintenance and repair of the System. 7. Grantors will inspect, maintain, and repair the System in accordance with the requirements of the East Wenatchee Municipal Code, with the operation and maintenance manual, and with the plans that are attached as Exhibit B. 8. The Grantors shall not reduce, expand or otherwise modify the design or operation of the System without first obtaining review by and written approval from the City of East Wenatchee 9. Grantors shall maintain the records of the installation of the System. Likewise, Grantors shall make records of all maintenance and repairs done on the System. Grantors shall retain these records for at least five years. Grantors agree to submit copies of these records to the City by December 1 of each year. Grantors will also make these records available to the City within five day upon receiving a written request from the City or any other agency having jurisdiction. 10. If the Grantors receive prior, written approval from the City to subdivide the property, Grantors agree to implement a long-term funding mechanism to support the continued inspection, maintenance, and repair of the System. The Grantors shall implement such a funding mechanism by creating an Owner's Association by further declarations and covenants binding upon the real property, binding upon all subdivided lots, and binding upon any purchasers of a subdivided lot, and binding upon Grantors' successors and assigns. 11. To inspect the condition of the System, the City has the right to enter the real property at reasonable times and with reasonable notice. The Grantors agree to fully comply with all written notices of corrective action issued by the City or by any agency with jurisdiction. 12. If the Grantors fail to fully and timely comply as required by a written notice of corrective action, then the City, or any agency with jurisdiction, may enter the real property to perform all work necessary to bring the System into compliance with these Covenants. The Grantors agree to pay all costs and expenses incurred by the City, or any agency with jurisdiction, for such repairs and maintenance. These costs include, but are not limited to: the cost of personnel or contractors, the cost of equipment, the cost of any design and engineering, and the cost of materials. The City will bill Grantors for all costs associated with any remedial work done by the City. Measured from the time the remedial work is completed, the City will charge interest (as allowed by law) and will place a lien on the property for any unpaid costs. 13. Grantors waive any and all claims for damages against the City arising from the design, construction, inspection, repair and/or maintenance of the System. 14. Grantors agree to indemnify, defend and hold harmless the City from any and all claims arising from the design, construction, inspection, repair or maintenance of the System. 15. Unless Grantors receive prior, written approval from the City, the Grantors may not amend or modify the restrictions and conditions set forth in this Declaration. 16. If one of the parties initiates legal action to enforce the terms of this Declaration, each party shall bear its own costs, attorney's fees, expert fees, and other fees. 17. The law of the State of Washington governs the interpretation and enforcement of this Declaration. Any dispute regarding the interpretation or enforcement of this Declaration shall by resolved by the Douglas County Superior Court. Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 2 of 19 18. The conditions and restrictions contained in this Declaration, along with the City's right to enforce them, are covenants that run with the real property in perpetuity. Accordingly, the conditions and restriction contained in this Declaration apply and are forever binding upon Grantors, heirs, executors, administrators, subsequent purchasers, grantees, or assigns. 19. If the Douglas County Superior Court determines that any provision of this Declaration is illegal, invalid or unenforceable, the remaining provisions of the Declaration will remain in full force and effect Grantee - C Y OF EAST ATCHEE BY: ATTEST: (1 i+7MQ� �,i�LliFy�Qi StevsZC Lacy, Mayor City Clerk Dana Barnard ------ ------- Grantor Date: /! ` q- l 5 Date: CERTIFICATE OF ACKNOWLEDGMENT LLEEM. ACKERMAN Stateof Ldldl,;ma� } Y PUBLIC Ss. WASHOOTOMCountyof 06,iI),g r } SIONE>PIt1ES On this day personally appeared before me ��net s-l�i�gC toe known[BER 6, 2019 the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for ,thl�-�el��uses and purposes therein mentioned. Given under my hand and official seal this t,�— day of %% a / , L wS I Notary Public residing at P , M/AC &A, DANA BARNARD My Appointment Expires: �• (o-i q NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES CERTIFICATE OF ACKNOWLEDGMENT MAY 21, 2018 State of WA } } SS. County of jlk.6105 } On this day personally appeared before me 9ewi C " M to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged to me that he/she/they signed the same as his/her/their free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this —Q K day of �Q(t(m , aglz� By: � tM na aJCLr n" Notary Public residing at 0100-v, My Appointment Expires: Sat k O Declaration of Storm Water System Restrictions and covenants (Ver 7/30/2015) Page 3 of 19 Exhibit A Legal Description TRACT 12, EAST WENATCHEE LAND COMPANY'S PLAT OF SECTION 11 AND PART OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 20 EAST OF THE WILLAMETTE MERIDIAN, DOUGLAS COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME A OF PLATS, PAGE 196, EXCEPT THE FOLLOWING DESCRIBED PARCELS: (1) COMMENCING AT THE SOUTHWEST CORNER OF SAID TRACT 12, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE NORTH 67°22.5' EAST ALONG THE SOUTH BOUNDARY OF SAID TRACT 12 FOR 199.0 FEET; THENCE NORTH 22037.5' WEST FOR 150.0 FEET; THENCE SOUTH 67°22.5' WEST FOR 100.0 FEET; THENCE NORTH 22037.5' WEST FOR 140.0 FEET; THENCE SOUTH 67022.5' WEST FOR 99.0 FEET TO THE WEST BOUNDARY OF SAID TRACT 12; THENCE SOUTH 22°37.5' EAST ALONG SAID WEST BOUNDARY FOR 290.0 FEET TO THE TRUE POINT OF BEGINNING. (2) COMMENCING AT THE SOUTHEAST CORNER OF SAID TRACT 12, THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; THENCE SOUTH 67°22.5' WEST ALONG THE SOUTH BOUNDARY OF SAID TRACT 12 FOR 170.0 FEET; THENCE NORTH 22035' WEST FOR 350.0 FEET; THENCE NORTH 67022.5' EAST FOR 170.0 FEET TO THE EAST BOUNDARY OF SAID TRACT 12; THENCE SOUTH 22035' EAST ALONG SAID BOUNDARY FOR 350.0 FEET TO THE TRUE POINT OF BEGINNING (3) COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 12; THENCE SOUTH 67002' 14" WEST ALONG THE NORTH LINE OF SAID LOT 12 A DISTANCE OF 79.21 FEET TO A POINT ON NON -TANGENT CURVE WITH A RADIAL BEARING OF SOUTH 05014'48" WEST AND A RADIUS OF 162.57 FEET; THENCE SOUTHEASTERLY ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 45053'08" AN ARC DISTANCE OF 130.19 FEET; THENCE NORTH 23007'52" WEST ALONG THE EAST LINE OF SAID LOT 12 A DISTANCE OF 98.71 FEET TO THE POINT OF BEGINNING. Declaration of Stoma Water System Restrictions and Covenants (Ver 7/30/2015) Page 4 of 19 Exhibit B Operations and Maintenance Manual STORM DRAINAGE OPERATIONS AND MAINTENANCE Rylee Ann Apartments City of East Wenatchee, Washington March 2015 This document is intended to provide guidance to ensure that the private on -site stormwater systems remain functional. The inspection, maintenance, and repair of the system components are the responsibility of the property Owner / Manager. Stormwater System Components • Infiltration Ponds — The infiltration ponds collect runoff from the private drives, parking areas and the onsite building roofs. The infiltration ponds should be inspected semi- annually and preferably after a large rain even. All trash and debris should be removed from the ponds, conveyance swales and overflow structure grates on a regular basis. Vegetation within the ponds should be maintained per the site specific planting plan. Additionally, the property Owner / Manager should limit travel through the pond area to foot traffic only. The pond overflow near Ninth Street shall be maintained such that there is no vegetation within the overflow that will obstruct potential flows. Also, the overflow should be kept free of trash and debris. Armor should be replaced if soil or filter fabric becomes exposed. If standing water is observed and the ponds aren't draining properly it is recommended that the Owner / Manager seek assistance from someone experienced with this type of investigation (Public Works, contractor, engineer). • Infiltration Trenches — Runoff from the private drives, parking areas and building roofs is conveyed to the infiltration trenches from the infiltration ponds. Additionally, the foundation drains for the onsite structures are conveyed to the infiltration trenches. Like the ponds, the infiltration trenches are the responsibility of the property Owner / Manager. The trenches should be inspected at least annually and preferably after a large rain event. If standing water is observed and it appears that the infiltration trenches aren't draining properly it is recommended that the Owner / Manager seek assistance from someone experienced with this type of investigation (Public Works, contractor, engineer). Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 5 of 19 Catch Basins — Only the catch basins located outside of the public right-of-way are the responsibility of the Owner / Manager (this includes the catch basins in and around the infiltration trenches). Catch basins should be inspected at least annually and preferably after a large rain event. Check for and clean any accumulated sediment or materials that have collected inside the catch basin. Note: Do NOT pressure wash or flush the catch basins and wash the sediment downstream. Doing so will wash the sediment into, and contaminate, the infiltration trenches. Remove the grate and remove sediment with a shovel. There is no need to be overly meticulous as the intent is to simply provide volume for additional sediment to collect in subsequent storms. Inspection Tasks and Schedule These components should be inspected at least annually, preferably after a major rain event. Inspections shall use this report as well as the criteria from the Stormwater Management Manual for Eastern Washington (SWMMEW), as necessary. Contact the local public works department or the project engineer for assistance. Each of the above -listed components should be checked and a written record of the inspections shall be kept by the Property Owner/Manager. Maintenance Schedule and Tasks Damaged or nonfunctioning components shall be repaired in a timely manner. The size, placement, and composition of stormwater components may not be altered without written approval from the governing jurisdiction. Recommended Maintenance Criteria Attached are Maintenance Requirements from the SWMMEW. These are intended as a guidance tool for inspection, and not necessarily specific instructions. Declaration of Storm Water System Restrictions and Covenants (Ver 7130/2015) Page 6 of 19 $1N3W3AONdWl 3115 s 3 ��,•eseewag ` a 3' 3FJfJ01 IUM013AW NNV 331AM _ 1SE a s 13 AIR 1�EA r5as1 yp9pi3's? ' R.' P' E . EP3E p p9� py p�a5e y�PSE y(�Es3A Ag9ig�gq�gg!g Ilggl1E11,�a,B�g� Sg� g4i� °d3171lPy FBA qBq!& EF3!!!lYPY9lS"1 x . • w e ee Y � 3 1 f e n � ..leMQeP.SEaane E1i.5s>.l191ate9EPa1.9iEet,9� Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 7 of 19 an •&n�uaiiE',u3 H1ONE3HUOl NMd 39"lVdU UNtl Mavu9 61NWIMOadN11311S 1N3[9dO13A30 NNV 331AN .. 9133HS 33S I' I [ I a 1 ppF { ri � 9 i 1 I , I , I 717 s E [ t 1 y G -------------------------------------------------- iY3 �QYyg $F I$gg r Oil 1! i¢g 8��iil gill � r. . 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Trash or debris (in the basin) that exceeds No trash or debris in the 60%of the sump depth as measured from the catch basin. bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6Inches clearance from the debris surface to the invert of the lowest pipe. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes free blocking more than 1/3 of its height. of trash or debris. Dead animals or vegetation that could No dead animals or generate odors that could cause complaints vegetation present within or dangerous gases (e.g., methane). the catch basin. Sediment Sediment (in the basin) that exceeds 60 No sediment in the catch percent of the sump depth as measured from basin the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest pipe. Stmcture Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 1/4 inch and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on the separation of more than 314 inch of the frame riser rings or top slab and from the top slab. Frame not securely firmly attached. attached Fractures or Maintenance person judges that structure is Basin replaced or repaired Cracks in unsound, to design standards. Basin Walls/ Bottom Grout fillet has separated or cracked wider Pipe is regrouted and than 12 inch and longer than 1 foot at the secure at basin wail. joint of any inietioutlet pipe or any evidence of sail particles entering catch basin through cracks. Settlement/ If failure of basin has created a safety, Basin replaced or repaired Misalignment function, or design problem. to design standards. Vegetation Vegetation growing across and blocking more No vegetation blocking 0% of the basin opening. opening to basin. ation growing in inleUoutlet pipe joints rthat No vegetation or root more than six inches tall and less than growth present. hes apart. 5A-8 Chapter 5— Runoff Treatment Facility Design September 2004 Declaration of Storm Water System Restrictions and Covenants (Ver 7/302015) Page 14 of 19 No. 5 — Catch Basins Maintenance Defect Conditions When Maintenance is. Needed Results Expected When Component Maintenance is performed Contamination See "Wetponds" (Na 1). No pollution present and Pollution Catch Basin Cover Cover Not in Cover is missing or only partially in place. Catch basin cover is closed Place Any open catch basin requires maintenance. Locking Mechanism cannot be opened by one Mechanism opens with Mechanism maintenance person with proper tools. Bolts proper tools. Not Working into frame have less than 1121nch of thread. Cover Difficult One maintenance person cannot remove lid Cover can be removed by to Remove after applying normal lifting pressure. one maintenance person. (Intent is keep cover from sealing off access to maintenance.) Ladder Ladder Rungs Ladder is unsafe due to missing rungs, not Ladder meets design Unsafe securely attached to basin wall, standards and allows misalignment, rust, cracks, or sharp edges. maintenance person safe access. Metal Grates Grate opening Grate with opening wider than 7/0 inch. Grate opening meets (If Applicable) Unsafe design standards. Trash and Trash and debris that is blocking more than Grate free of trash and Debris 20% of grate surface Wetting capacity. debris. Damaged or Grate missing or broken members) of the Grate is in place and meets Missing. grate, design standards. No. 6— Debris Barriers (e.g., Trash Racks) Maintenance Defect Condition When Maintenance is Results Expected When Components Needed Maintenance is Performed General Trash and Debris Trash or debris that is plugging more than 20%of the openings in the barrier. Barrier cleared to design Flow capacity. Metal Damaged/ Bars are bent out of shape more than 3 Bars in place with no bends more Missing inches. than 314 inch. Bars. Bars are missing or entire barrier Bars in place according to design. missing. Bars are loose and rust is causing 50% deterioration to any part of barrier. Bamer replaced or repaired to design standards. Inlet/Outlet Debris barrier missing or not attached to Barrier frmly attached to pipe Pipe pipe September 2004 Chapter 5— Runoff Treatment Facility Design 5A-9 Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 15 of 19 Maintenance Requirements for Infiltration Ponds Needed Maintenance 19 Performed General Trash & Debris See "Detention Ponds". See "Detention Ponds". Poisonous/Noxi See "Detention Ponds". See "Detention Ponds". ous Vegetation Contaminants See "Detention Ponds". See "Detention Ponds". and Pollution Rodent Hales See "Detention Ponds". See "Detention Ponds". Storage Area Sediment Water ponding in infiltration pond after Sediment is removed and/or facility is rainfall ceases and appropriate time cleaned so that infiltration system allowed for Infiltration. works according to design. (A percolation test pit or test of facility indicates facility is only working at 90%of its designed capabilities. If two inches or more sediment is present, remove). Filter Sags (if Filled with Sediment and debris fill bag more than Fitter bag is replaced or system is applicable) Sediment and 1/2 full. redesigned. Debris Rock Filters Sediment and By visual inspection, little or no water Gravel in rock fitter is replaced. Debris flows through filter during heavy rain storms. Side Slopes of Erosion See "Detention Ponds". See "Detention Ponds". Pond Emergency Tree Growth See "Detention Ponds". See "Detention Ponds% Overflow Spillway and Berms over 4 feet in height. Piping See "Detention Ponds". See "Detention Ponds". Emergency Rock Missing See "Detention Ponds". See "Detention Ponds". Overflow Spillway Erosion See "Detention Ponds'. See "Detention Ponds". Preaettling facility or sump 6" or designed sediment trap depth of Sediment is removed. Ponds and filled with sediment. Vaults Sediment and/or debris Chapter 6— Flow Control Facility Design September Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 16 of 19 Maintenance Requirements for Detention Ponds I component Defect 1 Needed 11 Maintenance Is Performed General Trash & Debris Any trash and debris which Trash and debris cleared from she. exceed 5 cubic feet per 1,000 square feet (this is about equal to the amount of trash it would take to rill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. Poisonous Any poisonous or nuisance No danger of poisonous vegetation Vegetation and vegetation which may constitute a where maintenance personnel or the noxious weeds hazard to maintenance personnel or public might normally be. the public. (Coordinate with local health Any evidence of noxious weeds as department) defined by Slate or local regulations. Complete eradication of noxious (Apply requirements of adopted weeds may not be possible. Compliance with State or local Integrated Pest Management (IPM) eradication policies required policies for the use of herbicides). Contaminants Any evidence of oil, gasoline, No contaminants or pollutants and Pollution contaminants or other pollutants present. (Coordinate removal/cleanup with local water quality response agency). Rodent Holes Any evidence of rodent holes if Rodents destroyed and dam or berm facility is acting as a dam or berm, or repaired. (Coordinate with local any evidence of water piping through health department and Ecology Dam dam or berm via rodent holes. Safety Office if pone exceeds 10 acre feet) Beaver Dams Dam results in change or function of Facility is returned to design the facility. function. (Coordinate trapping of beavers and removal of dams with appropriate permitting agencies) Insects When insects such as wasps and Insects destroyed or removed from hornets interfere with maintenance site. activities. Apply insecticides in compliance with adopted IPM policies. 6A-2 Chapter 6— Flow Control Facility Design September 2004 Declaration of Storm Water System Restrictions and Covenants (Ver 7130/2015) Page 17 of 19 e I Needed Maintenance Is Performed Tree Growth Tree growth does not allow Trees do not hinder maintenance and Hazard maintenance access or interferes activities. Harvested trees should be Trees with maintenance activity (i.e., slope recycled into mulch or other mowing, silt removal, vectoring, or beneficial uses (e.g., alders for equipment movements). If trees are firewood). not interfering with access or Remove hazard trees maintenance, do not remove If dead, diseased, or dying trees are Identified (Use a certified Arbodst to determine health of tree or removal requirements) Side Slopes of Erosion Eroded damage over 2 inches deep Slopes should be stabilized using Pond where cause of damage is still appropriate erosion control present or where there is potential measure(s); e.g., rock for continued erosion. reinforcement, planting of grass, Any erosion observed on a compaction. compacted berm embankment. If erosion is occurring on compacted berms a licensed civil engineer should be consulted to resolve source of erosion. Storage Area Sediment Accumulated sediment that exceeds Sediment cleaned out to designed 10% of the designed pond depth pond shape and depth; pond unless otherwise specified or affects reseeded if necessary to control inletting or outletting condition of the erosion. facility. Liner (If Liner is visible and has more than Liner repaired or replaced. Liner is Applicable) three 114-inch holes in it. fully covered. Pond Berms Settlements Any part of berm which has settled 4 Dike is built back to the design (Dikes) inches lower than the design elevation. elevation. If settlement is apparent measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berth or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. Piping Discernable water flow through pond Piping eliminated. Erosion potential berm. Ongoing erosion with resolved. potential for erosion to continue. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. September 2004 Chapter 6 — Flow Control Facility Design 6A-3 Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 18 of 19 Pefect Maintenance Is Performed Emergency Tree Growth Tree growth on emergency spillways Trees should be removed. If root Overflow/Spill create blockage problems and may system is small (base less than 4 way and cause failure of the berm due to inches) the root system may be left Berms over 4 uncontrolled overtopping. in place. Otherwise the roots should feet in height Tree growth on berms over feet in be removed and the berm restored. height may lead to piping through A licensed civil engineershould be the berm which could lead to failure consulted for proper berm/spilhvay restoration. of the berm. Piping Discernible water flow through pond Piping eliminated. Erosion potential berm. Ongoing erosion with resolved. potential for erosion to continue. (Recommend a Goelhechnical engineer be called in to inspect and evaluate condition and recommend repair of condition. Emergency Emergency Only one layer of rock exists above Rocks and pad depth are restored to Overflow/Spill Overflow/ native soil in area five square feel or design standards. way Spillway larger, or any exposure of native soil at the top of out flow path of spillway. (Rip -rap on inside slopes need not be replaced.) Erosion See "Side slopes of Pond" 6A-4 Chapter 6— Flow Control Facility Design September 2004 Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 19 of 19