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Home My WebLink About2015-12-01 - B and H Holdings LLC, Howard Vroman - Stormwater CovenantsThad L. Duvall, Auditor, Douglas County, WA. AFN # 3191328 Recorded 09:55 AM 12116/2015 COVEN Page: 1 of 15 $87.00 CITY OF EAST WENATCHEE When Recorded Please Return to: Dana Barnard, City Clerk City of East Wenatchee 27196 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: B AND H HOLDINGS LLC (AUTHORIZED SIGNATORY: HOWARD VROMAN) Grantee: City of East Wenatchee Legal Description (Abbreviated): TAX 178 IN SWSW: A/B/A PCL B OF BLA #3186412. Full legal on nape 4. DECLARATION OF STORM WATER SYSTEM TREATMENT FACILITY MAINTENANCE RESTRICTIONS AND COVENANTS Grantors declare and covenant as follows: 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 795 GRANT RD, 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 2021. 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. 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 7/302015) Page 2 of 15 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 CITY OF EA"NA w BY: ///l � ATTEST: Ste6en'C. Lacy, Mayor City Clerk Dana Barnard Gr r Date: 12 01 16 Date: Ix1 b2l IS CERTIICATE QFACKIVOWLEDGMENT State of } } ss. County of ( } On this day personall ppeared before me %biniQ n 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 puwoses there i mentioned. Given under my hand and official seal this day of�, �L TA I 1. � r" � � 1• �_rl � . if � Notary Public State of Washington NANCY E HESTON My Appointment Expires Jun 30, 2016 CERTIFICATE OFACKNOWLEDGMENT State of I�A1A- } } as. County of _%`a.< } On this day personally appeared before me >i RO .v P_ �r 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 1' �1 day of iljm n, 020/S By: X)&/P &il1Ll X !b. &rnard Notary Public residing at I My Appointment Expires: S (- t 113 DANA BARNARD Ni�TARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 21 201R Declaration of Storm Water System Restrictions and Covenants (Ver moao15) Page 3 of 15 Exhibit A Legal Description THAT PORTION OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 20 E W. M., DOUGLAS COUNTY WASHINGTON MORE PARTICULARLY DESCRIBED AS FOLLOWS; COMMENCING AT THE SOUTHWEST CORNER OF SECTION 12M TOWNSHIP 22 NORTH, RANGE 20 E.W.M.; THENCE EAST ALONG THE SOUTH LINE OF SAID SECTION SOUTH 89048'09" EAST A DISTANCE OF 1143.30 FEET; THENCE NORTH 00027'38" WEST A DISTANCE OF 35.00 FEET THE INTERSECTION OF THE NORTHERLY RIGHT OF WAY OF GRANT ROAD AND THE WESTERLY RIGHT OF WAY OF NORTH GEORGIA AVENUE, A REBAR AND CAP AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°27'38" WEST FOR A DISTANCE OF 234.97 FEET ALONG THE WEST RIGHT OF WAY OF THE NORTH GEORGIA AVENUE; THENCE NORTH 89050'33" WEST FOR A DISTANCE OF 150.23 FEET; THENCE NORTH 00°28' 16" WEST FOR A DISTANCE OF 147.66 FEET; THENCE SOUTH 89°35'23" WEST FOR A DISTANCE OF 35.65 FEET; THENCE SOUTH 00°28'35" EAST FOR A DISTANCE OF 215.22 FEET; THENCE SOUTH 00'26' 19" EAST FOR DISTANCE OF 125.94 FEET; THENCE NORTH 89035'23" EAST FOR A DISTANCE OF 30.94 FEET; THENCE SOUTH 0001 I'51" WEST FOR A DISTANCE OF 41.33 FEET; THENCE SOUTH 89148'09" EAST FOR A DISTANCE OF 155.42 FEET TO THE TRUE POINT OF BEGINNING. Declaration of Stonn Water System Restrictions and Covenants (Ver 7/30/2015) Page 4 of 15 Exhibit B Operations and Maintenance Manual STORM DRAINAGE OPERATIONS AND MAINTENANCE Bob's Burgers and Brew City of East Wenatchee, Washington November2015 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 Trench — Runoff from the private drives, parking areas and building roof is collected and conveyed to the infiltration trench via a series of catch basins that are connected by closed, underground pipes. The infiltration trench is the responsibility of the property Owner / Manager. The trench should be inspected at least annually and preferably after a large rain event. If standing water is observed and it appears that the infiltration trench is not draining properly it is recommended that the Owner / Manager seek assistance from someone experienced with this type of investigation (Public Works, contractor, engineer). • Catch Basins — Only the catch basins located outside of the public right-of-way are the responsibility of the Owner / Manager. 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. Declaration of Storm Water System Restrictions and Covenants (Ver 7/302015) Page 5 of 15 Each of the above -listed components should be checked and a written record of the inspections shalt 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 7/302015) Page 6 of 15 ' ;e8 fitfi � I � -------7-- --- p* , I I 4!J? !d ate• e•! .oee.'d •' C� jjj C A lie a E P �^ _ 17 TaW° aa.aai«a« t- t 8 : = pfiE aFE 9 ayEA tg`S 8F F� Y �g9 €g •€g �B& 9€C ak y8 'E BOB'S BURGERS AND BREW 795 GRANT ROAD COMMERCIAL SITE PLAN GRADING AND DRAINAGE PLAN (RANT ROAD 6 e TFF e€ 4 TOFF ENICE 011w Mod Declaration of Storm Water System Restrictions and Covenants (Ver 7/302015) Page 7 of 15 ' i'V [ B1�`�F •��kp§la and ''BH ?B jHHGti E S� HdGv� � d7e'H i9a A !�faH8 `yry'-x9 g i rF _ s �dtA H if a n a`s4iY ;Ba$s L9� d[B°�"3 �d d 212 s Q i a ad W�Wp E x� N IK� ti ry' Al e B xip � �B it \ � o N � I j� $ $ b HB 1 rd 4y!y H gg�ddd sBa HEM d H ) jtl. sg9 ! 4i�9�aE iiB a. Im, Pd ll$B q 'B ; se�® 4vi H, v S BOB'S BURGERS AND BREW 795 GRANT ROAD COMMERCIAL SITE PLAN GRADING AND UUINAGE DETAILS EAST M W.TCHFr WA 8gig� 3aHS y�& 93 x� !•.SHa�E�E B °d� vHefly BH A e f ,ppB TORRENCE Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 8 of 15 Appendix SA — Recommended Maintenance Criteria The foci lity-specifle maintenance standards comai tied in this section are intended to be conditions for determining if maintenance actions are required as identified through inspection. 'rhey are not intended to be measures of the facilirv's required condition atilt[ times between inspections. In other words, exceedance of these conditions at any lime between inspections and/or maintenance does not automatically constitute a violation of these standards. However, based upon inspection observations, the inspection and maintenance schedules shall be adjusted to minimize the length of time that a facility is in a condition that requires a maintenance action. No. 1— Wetponds Maintenance Defect Condition. When Maintenance Is Result. Expected When Component Needed Maintenance is Performed General Trash. Debris Any fresh and debris which exceed 5 Trash and debris cleared from aM. cubic feet per 1.000 square feet (this is about equal to the amount of trash h would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. It less than threshold, all trash antl debris will be removed as part of next scheduled maintenance. Poisonous Any poisonous or nuisance No danger of poisonous vegetation Vegetation and vegetation which my constitute a where maintenance personnel or the Noxious hazard to maintenance personnel or public might normally be. (Coordinate Weeds the public. with ideal health department) Any evidence of noxious weeds as Complete eradication of noxious weeds defined by state or local regulations. may not be possible. Compliancewah state or local eradication policies (Apply requirements ofacopted IPM required, policies for the use of herbicides). Contaminants Any evidence of oil, gasoline, No Contaminants or pollutants present. and Pollution contaminants or other pollutants (Coordinate removal/cleanup with local water quality response agency). Rodent Holes Any evidence of rodent holes if Rodents destroyed and dam or berm llie, Ay is acting as a dam or berm. or repaired, (Coordinate with local health any evitlence ofwater piping through department coordinate with Ecology dam or berm via rodent holes. Dam Safety Office it pond exceeds 10 aae-fee ) September 2004 Chapter 5— Runoff Treatment Facility Design 5A-1 Declaration of Storm Water System Restrictions and Covenants (Ver MOM) Page 9 of 15 No. 1 —Wetponds Defect Conditions When Maintenance is Results Executed When Needed Maintenance Is Performed ri Beaver Dams Dam results in change or function of Facility is returned to design function. the facility. trapping of beavers and removal of removal ofdamseswin appropriate permitting agencies.) Insects Men insects such as wasps and Insects destroyed or removed from site. hornets interfere with maintenance activities. Apply insecticides in compliance with adopted IPM policies. 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 beneficial mowing. silt removal. vactoring, or uses (eg.. alders for firewood), equipment movements). If trees are not interfering win access or Remove hazard trees, maintenance, do not remove. If dead diseased, or dying trees are identified, fUse a certified Arsonist to determine health of tree or removal requirements.) Side Slopes Erosion Eroded damage over 2 inches deep Slopes should be stabilized using of Pond where cause of damage is still appropriate erosion control measures). present or where there is potential for e.g., rock reinforcement, planting of continued erosion, grass, compaction. Any erasion observed an a if erosion Is occurring on compacted compacted berm embankment. berms, a licensed civil engineer should be consulted to resolve source of erosion. Storage Area Sediment Add. noted sediment that exceeds Sediment cleaned out to designed pond 10% ofthe designed pond depth shape and depth: pond reseeded if unleaeotbe,Iwimiupicihad or affects necessary to control erosion. inlefting or oudetting condition of the facility. Liner,d Linens visible and has more than Linefrepaired or replaced. Liner is fully Appllwble) three ll4-inch holes in it coveretl. 541-2 Chapters— Runoff Treatment Facility Design September2004 Declaration of Storm Water System Restrictions and Covenants (Ver 7130/2015) Page 10 of 15 No. 1— Wetponds Maintenance Defect Conditions When Maintenance is Results Expected When Component Needed Malntenance is Performed Pond Berms Settlements Any part of berm which has settled 4 Dike is built back to the design IDlkesl inch as lower than the design elevation, elevation. e berm to determine amount of bermto determinetof amount settlement Settling can be an indication of more severe Problems with the berm or outlet works- A licensed ciml engineer should be consulted to determine the source of the set ement Piping Cousin. his water 1"Itimagh Pend Piping eliminated, Erosion potential berm. Ongoing erosion with potential resoled. for erosion to continue. (Recommend a Goethechnical engineer be called in to inspect and evaluate condition and recommend repair of condition) Emergency Tree Growth Tree growth on emergency spillways Trees should be removed. If root Wargowl creates blockage problems and may system is small (base less than Spillway and cause failure of the berm due to inches) the root system may be left in Berms over4 uncontrolled overtopping. place. Othemise the roots should be resin height. removed and the berm restated. A Tree growth on berms over 4 feet in licensed civil engineer should be hail," may lead to piping through the consulted for proper benNspilbvay berm which could lead to failure of restoration, the berm. Piping Discernable water now through pond Piping eliminated. Erosion potential berm. Ongoing erosion with potential resolved. for erosion to continue. 'Ru<unmand.xreulbenhMut engineer be called in to inspect and evaluate condition and recommend repair ofcondtion.t September2004 Chapter 5— Runoff Treatreent Facility Design 5A-3 Declaration of Storm Water System Restrictions and Covenants (Ver 7/302015) Page 11 of 15 No. 1 — Wetponds Maintenance Defeot Conditions When Maintenance Is Results Expected When Component Needed Maintenance is Perform4N Emergency Emergency Only one layer of took exists above Rocks and pad depth are restored to OveNowl Ova ow/ native soilin area five square feet or design standards. Spillway larger, or any exposure of native sail Spillway at the top of out flow path of spillway. (Rip -rap on inside slopes need not be replaced.) General Water level First cell is empty, doesn't hold water. Line the first cell to maintain at least feet of water Although the second cell may drain, the first cell must remain full to control turbulence of the incoming flow and reduce sediment resuspension. Trash and Accumulation that exceeds i CF per Trash and debris removed from pond. Debris 10i of pond area. Inlat/Outlel Pipe InleVOutlet pipe clogged with No clogging or blockage in the inlet sediment and/or debris material. and count piping. Sediment Sediment accumulations in pond Sediment removed from pond bottom. Accumulation in bottom that exceeds the depth of Pond Bottom sediment zone plus 6-inches, usually in the first cell. Oil Sheen on Prevalent and visible all sheen. Oil removed from water using oil - Water absorbent pads or vactor truck Source of oil located and corrected. If chronic low levels of oil persist plant wetland plants such as Juncos effusus (soft rush) which can uptake small concentrations of of, Erosion Erosion of the pond's side slopes Slopes stabilized using proper andlor scouring ofthe pond bottom, erosion control measures and repair that exceeds 6-inches, orwhem methods continued erosion is prevalent Son ement of Any pad of these components that Dikemerm is repaired to Pend Oike/Berm has settled 4-inches or lower than the specifications. design elevation, or inspector determines dikelberm is unsound. Internal Berm Berm d'Mding Its should be level. Bann surface is leveled so that water flows evenly over entire length of berm. Overflow Rock is missing and soil is exposed Rocks replaced to specifications. Spillway at top of spillway or outside slope. SA-4 Chapter 5— Runoff Treatment Feci Design September 2004 Declaration of Stom1 Water System Restrictions and Covenants (Ver 7/3020I5) Page 12 of 15 No. 5—Catch Basins Maintenance Defect Conditions When Maintenance Is Needed Results Expected When Component Maintenance is performed General Trash & Trash or debits which is located immediately No Trash or debris located Debris in front of the catch basin opening or is immediately in front of blocking inletting capacity of the basin by catch basin or on grate more than 10%. opening. No trash or debris in the Trash or debris (in the basin) that exceeds 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 6 inches clearance from the debris surface to the invert of the lowest pipe. Inlet and outlet pipes free of trash or debris. Trash or debris in any inlet or outlet pipe blocking more than 113 of its height. No dead animals or Dead animals or vegetation that could 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. Structure Top slab has holes larger than 2 square Top slab is free of holes Damage to inches or cracks wider than 114 inch and cracks. Frame and/or Top Slab (Intent is to make sure no material is running into basin). Frame is sitting Flush on the Frame not sitting flush on top slab, i.e., ¢wlaralin✓.�. J wrxe 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 Pipe is regrouted and Grnut.fdlet has separated or cracked wider than 12 inch and longer than 1 foot at the secure at basin wall. joint of any inletoutlet pipe or any evidence of soil 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 than 10 % of the basin opening. opening to basin. Vegetation growing in inleVoutlet pipe joints No vegetation or root that is more than six inches tall and less than growth present, six inches apart. 5A-5 Chapter 5— Runoff Treatment Facility Design September 2004 Declaration of Storm Water System Restrictions and Covenants (Ver 7/302015) Page 14 of 15 No. 5—Catch Basins Maintenance Defect Conditions When Maintenance Is Needed Results Expected When Component Maintenance is performed Contamination See' Wetponds" (No. 1). No pollution present. and Form ion 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 1/2 inch of thread. Cover DifficNt 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 7/8 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 inletting capacity. debris. Damaged or Grate missing or broken member(s) 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 Missing inches. Bars in place with no bends more than 314 inch. Bars. Bars in place according to design. liars are niissmg or entire barrier missing. Barrier replaced or repaired to design standards. Bars are loose and rust is causing 50% deterioration to any part of barrier. Inlet/Outlet Pipe Debris barrier missing or not attached to pipe Barrier firmly attached to pipe September 2004 Chapter 5— Runoff Treatment Facility Design 5A-9 Declaration of Storm Water System Restrictions and Covenants (Ver 7/302015) Page 15 of 15