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Home My WebLink About2008-06-17 - Calvin and Janae White Family LTD - Stormwater CovenantsReturn Document to: Calvin G. White Development Diversified 800 N. Eastmont Ave. East Wenatchee, WA 98802 3124874 Page: 1 of 15 06/18/2008 11:16A Douglas County Document Title: Stormwater Management Agreement & Declaration of Easement Reference Number(s) of Related documents: Valley Mall Square Binding Site Plan Grantor: Calvin and Janae White Family LTD Partnership Grantee: Legal Description: Part of Lot 35 East Wenatchee Land Company Plat of Sec. 11 and Part of Sec. 2, Township 22 N., Range 20, EWM. Full Legal found on Exhibit A Parcel Number(s): 03700003603 STORMWATER MANAGEMENT AGREEMENT AND DECLARATION OF EASEMENT THIS AGREEMENT AND DECLARATION OF EASEMENT ("Agreement") made this 16th day of June, 2008, by and between CITY OF EAST WENATCHEE, ("City") East Wenatchee, Washington, a municipal corporation duly organized under the laws of the State of Washington, with its municipal office located at 271 91h St. NE, East Wenatchee, Washington, 98802 and Calvin and Janae White Family LTD Partnership ("Grantor"). BACKGROUND Grantor owns land located at 201 Valley Mall Parkway, in the City of East Wenatchee, East Wenatchee, Washington, as more specifically described in Exhibit A. This Agreement refers to this land as the "Premises". Grantor applied for approval of a binding site plan known as Valley Mall Square (East Wenatchee File #BSP 2005-01) to divide the Premises into 3 lots and a tract for future development. Prior to final approval of a binding site plan, Grantor is required to install a stormwater drainage system designed by an engineer and subject to approval from the City. The Premises contain a private stormwater system designed for improvements on Lots 2, 3, and part of Tract 4. The system was designed by Forsgren Associates, Inc. A copy of the design plan and record drawings are on file with the East Wenatchee Community Development Department. As part of the final approval process for the binding site plan, Grantor must include stormwater management maintenance instructions for the continued maintenance of the on -site stormwater management system to insure continued functioning of the system at its design capacity. This Agreement sets forth the ownership and maintenance responsibilities for the stormwater facilities installed on the Premises and imposes the ownership and maintenance responsibilities upon Grantor, his heirs, personal representatives and assigns and upon successor owners of the Premises, and sets forth the rights of the City. NOW, THEREFORE, intending to be legally bound hereby and in consideration of receiving approval of its Final Binding Site Plan from the City, and in consideration of receiving permits from the City to develop the Premises, Grantor, for Grantor and the heirs, personal representatives and assigns of Grantor, covenant and declare as follows: 5W Maintenance/Easement Agreement Valley Mall Sq. BSP 2005-01 Page 1 o1"4 3124874 Page: 2 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County 1. The stormwater facilities will be owned by Grantor, his heirs, personal representatives, successors and assigns. 2. All drainage courses, swales, stormwater inlets, pipes, conduits, detention basins and other stormwater facilities shall be maintained by Grantor, his heirs, personal representatives, successors and assigns, in a first-class condition in conformance with the Final Plan, as approved the City, including any accompanying stormwater management plans and information, and as recorded in the Douglas County Auditor's Office, and in a manner sufficient to meet or exceed the performance standards and specifications set forth on the Final Plan, as approved by the City, including any accompanying stormwater management plans and information, and as recorded in the Douglas County Auditor's Office. These responsibilities and maintenance measures are attached as Exhibit B. 3. Grantor, his heirs, personal representatives, successors and assigns, shall be responsible for performing the foregoing maintenance. 4. Grantor shall not change or interfere with the stormwater drainage system without the prior written approval of the City. 5. Grantor, for himself, his heirs, personal representatives, successors and assigns, agrees that the failure to maintain all drainage courses, swales, stormwater inlets, pipes, conduits, detention basins, and other stormwater management facilities in a first-class condition in conformance with this Agreement, and the Final Plan, as approved by the City, including any accompanying stormwater management plans and information, and as recorded in the Douglas County Auditor's Office, shall constitute a nuisance and shall be abatable by the City as such. 6. In accordance with the requirements of East Wenatchee Municipal Code Section 13.10.210(C)(2)(d)(i), Grantor, for himself, his heirs, personal representatives, successors and assigns, authorize the City, at any time and from time to time, by its authorized representatives, to enter upon the Premises to inspect the stormwater facilities. 7. The City may require that Grantor, and assigns or any future owner or occupier of the Premises or any part thereof, take such corrective measures as the City may deem reasonably necessary to bring the Premises into compliance with this Agreement, and with the Final Plan, as approved by the City, including any accompanying stormwater management plans and information, and as recorded in the Douglas County Auditor's Office. 8. Upon the failure of the owner or occupier of the Premises or any part thereof to comply with the terms of this Stormwater Management Agreement or to take corrective measures following reasonable notice from the City, the City, through its authorized representatives, may take such corrective measures as it deems reasonably necessary to bring the Premises into compliance with this Agreement, with the Final Plan, as approved by the City, including any accompanying stormwater management plans and information, and as recorded in the Douglas County Auditor's Office, including, but not limited to, the removal of any blockage or obstruction from drainage pipes and swales, and may charge the cost thereof to Grantor, his heirs, personal representatives, successors and assigns, or any owner of the Premises or any part thereof and, in default of such payment, may cause a municipal lien to be imposed upon the Premises or any part thereof. 9. If ownership or maintenance responsibility of the stormwater management facilities is assigned to a home owners' association, condominium unit owners' association, or similar entity, the City shall be notified. If such association fails to properly maintain the stormwater management facilities, the City shall have the same rights granted to municipalities under Section 705 of the Washington Municipalities Planning Code, Act of July 31, 1968, P.L. 805, No. 247, with reference to maintenance of common open SW Maintenance/Easement Agreement Valley Mall Sq. BSP 2005-01 Page 2 of 4 3124874 Page: 3 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County space, to maintain the stormwater management facilities. Any association so formed shall be bound by this Agreement. 10. Grantor imposes upon the Premises for the benefit of all present and future owners of the Premises or part of the Premises, the City, and all other property owners affected by the stormwater facilities, the perpetual right, privilege and easement for the draining of stormwater in and through the drainage courses, swales, stormwater inlets, pipes, conduits, detention basins and other stormwater facilities depicted on the plan or plans submitted to the City or hereafter made of record and now or hereafter installed on or constructed upon the Premises and, in addition, easements of access to the stormwater facilities. IL Grantor agrees to indemnify the City and all of its elected and appointed officials, agents and employees (hereafter collectively referred to as the "Indemnitees") against and hold Indemnitees harmless from any and all liability, loss or damage, including attorneys' fees and costs of investigation and defense, as a result of claims, demands, costs or judgments against Indemnitees which arise as a result of the design, installation, construction or maintenance of the stormwater facilities. 12. It is the intent of the parties to this Agreement that personal liability and maintenance obligations shall pass to subsequent title owners upon change in ownership of the Premises or any lot created from the Premises, and such subsequent owners shall assume all personal liability and maintenance obligations for the time period during which they hold title. Personal liability shall remain for any violations of this Agreement and Declaration of Easement which occurred during the period in which an owner held title. 13. This Agreement and Declaration of Easement shall be binding upon the Grantor, any successors and assigns of Grantor, and all present and future owners of the Premises or any part thereof and is intended to be recorded in order to give notice to future owners of the Premises of their duties and responsibilities with respect to the stormwater facilities. Grantor shall include a specific reference to this Agreement in any deed of conveyance for the Premises or any part thereof. 14. This Agreement and Declaration of Easement may be amended only by written instrument signed on behalf of all owners of the Premises and the City. 15. When the sense so requires, words of any gender used in this Agreement and Declaration of Easement shall be held to include any other gender, and the words in the singular number shall be held to include the plural, and vice versa IN WITNESS WHEREOF, the undersigned have caused this Agreement and Declaration to be executed on the day and year first above written. SW Maintenance/Easement Agreement Valley Malt Sq. BSP 2005-01 Page 3 of 4 11111111111111111111111111111111111111111111111111111 GRANTOR Calvin and Janae White Family LTD Partnership "/ >d By Calico, LLC Cal y' G. White 9 Z' Z'�'a — Calvi. i , Managing Member n G Date: 3124874 Page: 4 of 15 06/18/2008 11:16A Douglas County Date: �1—t," Jana B. W tte, Mant Member Date: CERTIFICATE OF ACKNOWLEDGMENT State of } } ss. County of(�r _ } On this day personally appeared before me Calvin G. White 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 signed the same as his free and voluntary act and deed, for the uses and purposes therein ll. Given under my hand and official sea! this day of gAAly SIONNy'o 94`'- Stgnature of otary Publicp� ONRY NOTARY PUBLIC in and for the,.+' Z State of Washington, residing at O AY Dates f �(K��o • . 100 OF CERTIFICATE OF ACKNOWLEDGMENT State of 06P e } } ss. County of �OM/4_s } On this day personally appeared before me Janae B. White to me known to be the individual, or individuals described in and who executed the within and foregoing instrument, and acknowledged to me that she signed the same as her free and voluntary act and deed, for the uses and purposes therein me n under my hand and official seal this -�J day of u%1 -2-0o Signature ofNotary Public Ce �aT ANY• NOTARY PUBLIC in and for th -" IZ 0 State of Washington, residing at � Q r .. ...� �"• 'y .. Date: G[t' a oo OFW�`'�, CITY OF EAST WENATCHEE By: ` GK/�^G� G•/7.O Lorrai . Barnett, Community Development Director SW Maintenance/Easement Agreement Valley Mall Sq. BSP 2005-01 Page 4 of 4 314874 Page: 5 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County EXHIBIT A LEGAL DESCRIPTION Douglas County Assessor's Parcel #037-000-036-03 THE SOUTH HALF OF LOT 36, EAST WENATCHEE LAND COMPANY'S PLAT OF SECTION 11 AND PART OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 20. E.W.M., DOUGLAS COUNTY, WASHINGTON, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME A OF PLATS, PACE 196, TOGETHER WITH THE WESTERLY HALF OF VACATED STREET ADJACENT TO AND ABUTTING SAID PREMISES ON THE EAST, VACATED OCTOBER 6, 1920 BY DOUGLAS COUNTY COMMISSIONERS; EXCEPT THAT PORTION THEREOF CONVEYED .TO THE STATE OF WASHINGTON FOR HIGHWAY PURPOSES BY DEED RECORDED SEPTEMBER 13, 1930, UNDER AUDITOR'S NO. 83192, AND EXCEPT THAT PORTION THEREOF CONVEYED TO THE TOWN OF EAST WENATCHEE FOR ROAD PURPOSES BY DEED RECORDED MAY 19. 1970. UNDER AUDITOR'S NOS. 156975 AND 156978, AND EXCEPT THAT PORTION THEREOF, IF ANY, LYING NORTHERLY OF A LINE MEASURED 265.5 FEET SOUTHERLY OF AND PARALLEL WITH THE NORTHERLY LINE OF SAID LOT, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF EAST WENATCHEE, A MUNICIPAL CORPORATION, BY DEED RECORDED JULY 25, 2002, UNDER AUDITOR'S NO. 3050571, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF EAST WENATCHEE, A MUNICIPAL CORPORATION, BY DEED RECORDED OCTOBER 8, 2003, UNDER AUDITOR'S NO. 3066583. SW Maintenance/Easement Agreement-- Exhibit A Valley Mail Sq. BSP 2005-01 Page I of I 3124874 Page; 6 of 15 061113/2008 11 : 16A CALVIN AND JANAE WHI AGR 56.00 Douglas County EXHIBIT B Stormwater Operations and Maintenance Requirements MAINTENANCE REQUIREMENTS FOR FLOW CONTROL, CONVEYANCE, AND WQ FACILITIES DETENTION PONDS Maintenance Defect or Problem Conditions When Maintenance Is Results Expected When -Component..... Needed Maintenance Is Performed General Trash & Debris Any trash and debris which exceed 1 cubic Trash and debris cleared from foot per 1,000 square feet (this is about site. equal to the amount of trash it would take to fill up one standard size office garbage can). In general, there should be no visual evidence of dumping. Poisonous Any poisonous or nuisance vegetation No danger of poisonous Vegetation or which may constitute a hazard to vegetation where personnel or Noxious Weeds personnel or the public, the public might normally be. Contaminants Oil, gasoline, or other contaminants of one No contaminants present other and Pollution gallon or more, or any amount found that than a surface film. could: 1) cause damage to plant, animal, or marine life; constitute a fire hazard; 20 constitute a fire hazard or 3) be flushed downstream during rain storms. Unmowed If facility Is located In private residential When mowing Is needed, Grass/Ground area, mowing is needed when grass grass/ground cover should be Cover exceeds 16 Inches in height. In other mowed to 2 Inches in height. areas, the general policy is to make the Mowing of selected higher use pond site match adjacent ground cover areas rather than the entire slope and terrain as tong as there is no may be acceptable for some interference with the function of the facilii . situations. Rodent Holes Any evidence of rodent holes If facility is en s as roye and dam or acting as a dam or berm, or any evidence berm repaired. of water piping through dam or berm via rodent holes or other causes. Insects When insects such as wasps and hornets Insects destroyed or removed interfere with maintenance activities. from site. Mosquito complaints accompanied by Mosquito control: Swallow presence of high mosquito larvae nesting boxes or approved concentrations (aquatic phase). larvicide applied, Tree Growth Tree growth threatens integrity of berms Trees do not hinder maintenance acting as dams, does not allow activities. Harvested trees should maintenance access, or interferes with be recycled into mulch or other maintenance activity (i.e., slope mowing, beneficial uses (e.g., alders for silt removal, vactoring, or equipment firewood). movements). If trees are a threat to berm integrity or not Interfering with access, leave trees alone. Side Slopes of Pond Erosion Eroded damage over 2 inches deep Slopes should be stabilized by where cause of damage is still present or using appropriate erosion control where there is potential for continued measure(s); e.g., rock erosion. Any erosion observed on a reinforcement, planting of grass, compacted berm embankment. compaction. 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 10% Sediment cleaned out to of the designed pond depth. designed pond shape and depth; pond reseeded if necessary to control erosion. Liner Damage (If Liner is visible and has more than three- Liner repaired or replaced, Applicable) inch holes in It. Pond Berms (Dikes) Settlement Any pad of berm that has settled 4 inches Dike should be built back to the lower than the design elevation. Settling design elevation. can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. Emergency Tree Growth Tree growth on emergency spillways Trees should be removed. If root Overflow/ create bloeka a problems and may cause system is small (baseless than 4 1 of 10 SW Maintenance/Easement Agreement — Exhibit B Valley Mal Sq. BSP 2005-01 3124874 Page: 7 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County Stormwater Operations and Maintenance Requirements Spillway and failure of the berm due to uncontrolled inches) the root system may be Berms over 4 overtopping. left in place. Otherwise the roots feet in height. should be removed and the berm Tree growth on berms over 4 feet in restored. A licensed civil engineer height may lead to piping through the should be consulted for proper berm which could lead to failure of the bermispRlway restoration. berm. Emergency Rock Missing Only one layer of rock exists above native Replace rocks to design Overflow/ soil in area five square feet or larger, or standards. Spillway any exposure of native soil at the top of out flow path of spillway. Rip -rap on inside slopes need not be replaced. 2of10 SW Maintenance/Easement Agreement — Exhibit S Valley Mall Sq, BSP 2005-01 3124874 Page: 8 of 15 06/18/2008 11:16A CALVIN AND JANAE UK AGR 56.00 Douglas County Stormwater Operations and Maintenance Requirements INFILTRATION FACILITIES Maintenance Defect or Problem Conditions When Maintenance Is Needed Results Expected When Component Maintenance Is Performed Infiltration Pond Trash 8 Debris See "Detention Ponds" Table No. 1 Sea "Detention Ponds" Table No, Genera! Poisonous Vegetation See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. or Noxious Weeds 1 Contaminants and See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Pollution 1 Unmowed See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Grass/Ground Cover 1 Rodent Holes See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Insects See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No, Infiltration Pond Erosion See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Side Slopes 1 Infiltration Pond Tree Growth See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Emergency Overflow t Spillway and Berms over d feel in height. Infiltration Pond Rock Missing See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Emergency Overflow 1 Spillway Infiltration Facility Sediment A percolation test pit (ponds) or test of Sediment is removed and/or Storage Area facility indicates facility is only working at facility is cleaned so that infiltration 90% of its designed capabilities, if two system works according to design. inches or more sediment is present, Ponds are reseeded if necessary remove. to control erosion. In rltrabon Facility Sediment and Debris By visual Inspection, little or no water Replaced gravel in rock filter, Rock Filters (If flows through filter during heavy rain Infiltration Facility Sump Filled with Any sediment and debris filling vault to Clean out sump to design depth. Sump Sediment and Debris 10% of depth from sump bottom to (If Applicable) bottom of outlet pipe or obstructing flow into the connector pipe. Infiltration Facility Filled with Sediment Sediment and debris fill bag more than 1/2 Replaced filter bag or redesign Filter Baggs(If A licable and Debr'ss full. system. Infiltration Facility Sediment Remove when 6" or more. Sediment cleaned out to designed Pre -settling Ponds pond shape and depth or sediment and Vaults is removed from vault, Ponds are reseeded If necessary to control erosion. Note, Sediment accumulation of more than 0.25 inches per year may indicate excessive erosion is occurring upstream of the facility or that conveyance systems are not being properly maintained. The contributing drainage area should be checked for erosion problems or inadequate maintenance of conveyance systems if excessive sedimentation is noted in an infiltration facility. Chech twice a year during first 2 years of operation; once a year thereafter, Clean manholes/catch basins, repair damaged Intets/outlets, clean trash racks. 3of10 SW Maintenance/Easement Agreement -- Exhibit B Valley Mall Sq. BSP 2005-01 1111111111111111111111111111111111111111111111111111111 312474 Page: 9 of 15 06/18/2008 11:16A Douglas County Stormwater Operations and Maintenance Requirements CATCH BASINS Maintenance Component Defect or Problem Conditions When Maintenance Is Needed Results Expected When Maintenance Is Performed General Trash & Debris (Includes Sediment) Trash or debris of more than 1/2 cubic foot which is located immediately in front of the catch basin opening or is blocking No Trash or debris located immediately in front of catch basin opening. capacky of the basin by more than 10%. Trash or debris (in the basin) that exceeds 113 the depth from he bottom of basin to invert the lowest pipe Into or out No trash or debris In the catch basin. of the basin. Trash or debris in any inlet or outlet pipe Inlet and outlet pipes free of trash blocking more than 113 of its height. or debris. Dead animals or vegetation that could No dead animals or vegetation generate odors that could cause present within the catch basin. complaints or dangerous gases (e.g., methane Deposits of garbage exceeding 1 cubic foot In volume. No condition present which would attract or support the breeding of insects or rodents. Structure Damage to Corner of frame extends more than 314 Frame is even with curb. Frame andlor Top inch past curb face into the street (if Slab applicable), Top slab has holes larger than 2 square Top slab is free of holes and Inches or cracks wider than 114 Inch cracks. (intent is to make sure all material is running into basin). Frame not sitting flush on top slab, i.e., Frame is sitting flush on top slab. separation of more than 314 Inch of the frame from the top slab. Cracks in Basin Cracks wider than an Inch and longer than Basin replaced or repaired to wallsl8ottom 3 feet, any evidence of soil particles design standards. entering catch basin through cracks, or maintenance person judges that structure Is unsound. Cracks wider than 112 inch and longer than 1 toot at the joint of any inletloutlet pipe or any evidence of soil particles No cracks more t 14 me wide at the joint of inlat/outlet pipe. enterina catch basin through Basin has settled more than 1 inch or has Settlement/ rotated more than 2 inches out of Basin replaced or repaired to Misalignment alignment. design standards. Fire Hazard Presence of chemicals such as natural No flammable chemicals present. gas, oil and gasoline. Vegetation Vegetation growing across and blocking No vegetation blocking opening to more than 10% of the basin opening. basin. Vegetation growing in inleiloutlet pipe No vegetation or root growth joints that is more than 6 Inches tall and present. less than 6 Inches apart. Pollution Nonflammable chemicals of more than 112 cubic foot per three feet of basin length. No pollution present other than surface film. Catch Basin Cover Cover Not in Place Cover is missing or only partially in place. Catch basin cover is closed Any open catch basin requires maintenance. Locking Mechanism Mechanism cannot be opened by on Mechanism opens wilh proper Not working maintenance person with proper tools. Bolts into frame have less than ''/, Inch of tools. Cover Difficult to One maintenance person cannot remove Cover can be removed by one Remove Ud after applying 80 lbs, of lift; Intent Is maintenance person. keep cover from sealing off access to maintenance. 4of10 SW Maintenance/Easement Agreement — Exhibit B Valley Mall Sq. BSP 2005-01 31474 Page: 10 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County Starmwater Operations and Maintenance Requirements Ladder Ladder Rungs Unsafe Ladder is unsafe due to missing rungs, Ladder meets design standards. misalignment, rust, cracks, or sharp and allows maintenance person edges. safe access. Metal Grates Unsafe Grate Grate with opening wider than 118 inch. Grate opening meets design (If Applicable) Opening standards. Trash and Debris Trash and debris that is blocking more Grate free of trash and debris. than 20% of grate surface. Damaged or Missing. Grate missing or broken membegsj of Grate Is in place and meets design the grate. standards. 5 of 10 SW Maintenance/Easement Agreement — Exhibit B Valley Mall Sq. BSP 2005-01 1111111111111111111111111111111111111111111111111111111IN AND , CAL 314874 Page: 11 of 15 06/18/2088 11:16A Douglas County Stormwater Operations and Maintenance Requirements ENERGY DISSIPATERS Maintenance Defect or Problem Conditions When Maintenance Is Needed 1 Results Expected When Component Maintenance Is Performed External: Rock Pad Missing of Moved Only one layer of rock exists above native Replace rocks to design Rock soil in area five square feet or larger, or standards. any exposure of native soil. Dispersion Trench Pipe Plugged with Accumulated sediment that exceeds 20% Pipe ciearredlflushed so that it Sediment of the design depth. matches design. Not Discharging Visual evidence of water discharging at Trench must be redesigned or Water Properly concentrated points along trench (normal rebuilt to standards. condition Is a "sheet flaw" of water along trench), Intent is to prevent erosion dam as Perforations Plugged. Over 112 of perforations In pipe are Clean or replace perforated pipe. Plugged wo debris and sediment. Water Flows Out Top Maintenance person observes water Facility must be rebuilt or of "Distributor' Catch flowing out during any storm less than the redesigned to standards. Basin. design storm or its causing or appears likely to cause a Receiving Area Over- Water in receiving area is causing or has No danger of landslides. Saturated potential of causing landslide problems. Internal: Manhole/Chamber Worn or Damaged Structure dissipating flow deteriorates Replace structure to design Post. Baffles, Side of tot/2 or original size or any concentrated standards. Chamber worn spot exceeding one square foot which would make structure unsound. 6of10 SW Maintenance/Easement Agreement — Exhibit B Valley Mail Sq. BSP 2005-01 3124874 Page: 12 of 15 hill 111111111111111111111111111111111111111111 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County StormWater Operations and Maintenance Requirements CONVEYANCE PIPES AND DITCHES Maintenance Defect or Problem Conditions When Maintenance is Needed Results Expected When Component Maintenance is Performed Pipes Sediment &Debris Accumulated sediment that exceeds 20% P$e cleaned of all sediment and of the diameter of the pipe. debris. Vegetation Vegetation that reduces free movement of All vegetation removed so water water through pipes: flows freely through plpes. Damaged Protective coating is damaged; rust is Pipe repaired or repiaeed, causing more than 50% deterioration to any part of pipe. Any dent that decreases the cross section Pipe repaired or replaced. area of pipe by more than 20%. Open Ditches Trash & Debris Trash and debris exceeds 1 cubic Foot par Trash and debris cleared from 1,000 square feet of ditch and slopes. ditches. Sediment Accumulated sediment that exceeds 20% Ditch cleaned/Rushed of all of the design depth. sediment and debrls so that It matches design. Vegetation Vegetation that reduces free movement of Water flows freely through water through ditches. ditches. Erosion Damage to See "Detention Ponds" Table No. 1 See "Detention Ponds" Table No. Slopes Rock Lining Out of Maintenance person can see native soil Replace rocks to design Place or Missing (If beneath the rock lining. standards. Applicable). 7of10 SW Maintenance/Easement Agreement — Exhibit B Valley Mall Sq. BSP 2005-01 3124874 Page: 13 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County Stormwater Operations and Maintenance Requirements GROUNDS (LANDSCAPING) Maintenance Component Defect or Problem Conditions When Maintenance Is Needed Results Expected When Maintenance Is Performed General Weeds (Nonpoisonous Weeds growing in more than 20% of the landscaped area (trees and shrubs only). Weeds present In less than 59/a of the landscaped area. not noxious) Safety Hazard Any presence of poison Ivy or other poisonous vegetation. No poisonous vegetation present in landscaped area. Trash or Litter Paper, cans, bottles, totaling more than f cublc foot within a landscaped area (trees Area clear of litter. and shrubs only) of 1,000 square feet. Trees and Shrubs Damaged Limbs or parts of trees or shrubs that are split or broken which affect more than 25% of the total foliage of the tree or Trees and shrubs with less than 5% of total foliage with split or broken limbs. shrub. Trees or shrubs that have been blown Tree or shrub in place free of down or knocked over. injury. Trees or shrubs which are not adequately Tree or shrub In place and supported or are leaning over, causing exposure of the roots. adequately supported; remove any dead or diseased trees. 8 of '10 SW Maintenance/Easement Agreement— Exhibit B Valley Mall Sq. BSP 2005-01 0 3124874 Page: 14 of 15 06/18/2008 11:16A CALVIN AND JANAE WHI AGR 56.00 Douglas County Stormwater Operations and Maintenance Requirements BASIC BIOINFILTRATION SWALE Maintenance Defect or Problem Conditions When Maintenance Is Needed Results Expected When Component Maintenance Is Performed Swale Section Sediment Sediment depth exceeds 2 inches Remove sediment deposits on Accumulation on grass treatment area of the Grass bioswale. When finished, Swale should be level from side to side and drain freely toward outlet. There should be no areas of standing water once inflow ties ceased. Standing Water When water stands in the Swale between Any of the following may apply: storms and does not drain freely. remove sediment or trash blockages, improve grade from head to foot of swats. remove clogged check dams, add underdrains or convert to a wet blofiltration Swale. Constant easeflow When small quantities of water continually Add a low -flow pea -gravel drain flow through the swats, even when it has the length of the Swale or bypass been dry for weeks, and an eroded, the base flow around the Swale. muddy channel has formed in the &wale bottom. Poor Vegetation When grass is sparse or bare or eroded Determine why grass growth Is Coverage patches occur in more than 10% of the poor and correct that condition. swats bottom. Re -plant with plugs of grass from the upper slope: plant in the Swale bottom at 8-Inch intervals, or re- seed Into loosened, fertile soil. Defective Vegetation When the grass becomes excessively tall Mow vegetation or remove (greater than 10 Inches) or when nuisance nuisance vegetation so that flow weeds and other vegetation starts to take not impeded. Grass should be over. mowed to a height of 3 to 4 Inches. Remove grass clippings. Excessive Shading Grass growth is poor because sunlight If possible, trim back over -hanging does not reach Swale. limbs, remove brushy vegetation on adjacent slopes. Trash and Debris Trash and debris accumulated in the Remove trash and debris from Accumulation bioswale. bioswale. ErosionlScoudng Eroded or scoured sware bottom due to For ruts or bare areas less than 12 flow channelization, or higher flows. Inches wide, repair the damaged area by filling with crushed gravel. The grass will creep in over the rock in time. If bare areas are large, generally greater than 12 Inches wide, the Swale should be re -graded and re -seeded. For smaller bare areas, overseed when bare spots are evident, or take plugs of grass from the upper slope and plant in the swele bottom at 8-Inch intervals. Inletl0utlet Sediment and Debris Inletloutlet areas clogged with sediment Remove material so that there is and/or debris. no clogging or blockage in the inlet and outlet area. Flow Spreader Concentrated Flow Flow spreader uneven or clogged so that Level the spreader and clean so flows are not uniformly distributed through that flows are spread evenly over entire Swale width. entire Swale width. 9of10 SW Maintenance/Easement Agreement— Exhibit B Valley Mall Sq. BSP 2005-01 3124874 Page: 15 of 15 06/18/2008 11:16A Douglas County Stormwater Operations and Maintenance Requirements Drywells The structural fife of a drywell Is approximately 20 years, although hydraulic failure could potentially occur at anytime. Drywell performance Is dependent upon proper installation, regularly scheduled maintenance and contaminants reaching swale and drywell facility. The following schedule is recommended as a guide; actual arhorb da mnv naarl fn hp variad hngnd i innn nhcwrvad nP&rmAnr.P.. Maintenance Interval Description of maintenance to be performed every 3 months Visually Inspect. every 6 months Remove debris and sediment. annuall Check for structural damage. Whichever is more frequent above schedule or below observed events:, following substantial >24 hr rainfall event If possible, observe facilities in operation during the rainfall event. Alm to identify and correct problem following intense but short duration event following snowme[t event It is especially important to observe the facilities if the melt occurred concurrently with frozen ground conditions. DEFINITIONS OF MAINTENANCE TASKS: 1) Visual Inspection: Ensure metal grate and drywell are free of debris and obstructions. Remove any debris from on top of or around drywell and grate. Remove grate and inspect drywell for debris and sediment build-up in the barrel. Debris needs to be removed immediately, if possible. Sediment needs to be cleaned out before depth reaches the lowest row of slots providing outflow from drywell barrel. Anytime that standing water is noticed in a drywell or swale more than 24 hours after an event has ceased, a visual inspection Is warranted. When standing water Is observed, the Inspector should be aware of any signs of illicit discharge. 1f any of the following are observed, in addition to the sod and topsoil being affected and requiring replacement, if it is evident that discharge was made directly into the drywell, the drywell and affected surrounding drain rock must be replaced as soon as possible: oil sheen, spilled paint, burned area due to battery acid, multl-colored appearance of antifreeze, brown to black fuel oil, or any other materials that may be deemed deleterious to water quality. Sod, topsoil and drain rock removed must be handled and disposed of in a manner consistent with a hazardous material. 2) Remove Debris and Sediment: Remove any large debris that would interfere with the vactoring (suction removal) of the drywell. Sediment must be completely suctioned out of the drywell barrel. Care should be taken to note the depth of the sediment. If it appears that the sediment is increasing with depth at each Inspection, this may be a sign that the swale is not functioning properly; stormwater may be ponding and spilling, carrying sediment laden stormwater into the drywell, rather than infiltrating at the design rate. 3) Check for Structural Damage: Inspect metal frame and grate, adjustment rings, mortar or any other visible parts of the drywell structure. The metal frame and grate should sit flush on the top ring. Any separation of 3/4 inch of greater must be adjusted and repaired. The drywall should be replaced or repaired to design standards if it has settled more than 2 inches or if standing water fails to drain out of the barrel slots, Adjustment rings should be free of cracks. Crack repair should adhere be performed when: location of crack maximum width of crack top ring of drywell 1/4 inch drywell barrel 1/2 inch and longer than 3 feet drywell floor 1/2 inch and longer than 1 foot It should be noted that any crack, regardless of location or width, in which sediment is observed, needs to be repaired as soon as possible. Cracks should be repaired with mortar similar to that used between the adjustment rings. Mortar or grout should be waterproof and of the non -shrink variety. 10 of 10 SW Maintenance/Easement Agreement — Exhibit B Valley Mall Sq. 8SP 2005-01