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Home My WebLink About2012-03-01 - SDS Wenatchee LLC - Stormwater CovenantsThad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 COVEN Page: 1 of 15 $76.00 CITY OF EAST WENATCHEE When Recorded Please Return to: Dana Barnard, City Clerk City of East Wenatchee 2719" 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 itself. Document Title: Declaration of Storm Waster System Treatment Facility Maintenance Restrictions and Covenants Reference Number of Documents Released: N/A Reference Numbers of Related Documents---I&-g—�— 3 Grantor: SDS Wenatchee, LLC Grantee: City of East Wenatchee Legal Description (Abbreviated): Part of Lot 1, East Wenatchee Land Company Plat in Section 14, Township 22 N., Range 20 E. W.M., Douglas County, Washington Parcel Number(s): 04400000101 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. 3. Grantors own real property located at 470 and 474 Grant Road, 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 # SP 2010-02 - SDS Wenatchee, LLC Short Plat. 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, with the plans that are attached as Exhibit B. 8. 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 Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 2 of 15 make these records available to the City within five days upon receiving a written request from the City or any other agency having jurisdiction. 9. Unless the Grantors receive prior, written approval from the City, the Grantors may not subdivide the real property. 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. Grantors shall record this Declaration with each subsequent plat, short plat, or binding site plan covering the real property. 17. 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. 18. 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. 19. 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 Declaration of Storm Water System Restrictions and Covenants (Ver2-28-2012) Page 2 of 3 Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 3 of 15 are forever binding upon Grantors, heirs, executors, administrators, subsequent purchasers, grantees, or assigns. 20. 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 Date:.—/ — / Z- Date: CERTIFICATE OFACKNOWLEDGMENT State of } } SS. County of } On this day personally appeared before me 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 day of , Bv: Notary Public residing at _ My Appointment Expires: WILLIAM H BROOKS CERTIFICATE OF ACKNOWLEDGMENT Notary Public State of G/ifstt., Yy Pa t./ } State of Woshingtory } SS. My Commission Expires County of STaAe } July 23, 2015 On this day personally appeared before me SAC10 #j • 51 IVladto me own To De 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 h d and official seal his 1 J:� tr AQG H 2ot 2. Y•B d ` % Notary Public residing at Sj?yk A 1QE w A My Appointment Expires: -i /2 3' 20/S Declaration of Storm Water System Restrictions and Covenants (Ver2-28-2012) Page 3 of 3 Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 4 of 15 Exhibit A LEGAL DESCRIPTIONS LOT 1, EAST WENATCFIEE LAND COMPANY'S PLAT OF SECTION 14, TOWNSHIP 22 NORThI; RANGE 20, EW.M, DOUGLAS COUNTY, WAS MCION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME A OF PLATS, PAGE 192, EXCEPT THE SOUTH 285 FEET MEREOF, AND ALSO EXCEPT THENOMH 110 FEET OF THE EAST 135 FEET THEREOF, AND ALSO EXCEPT THE NORTH 10 FEET THEREOF CONVEYED TO DOUGLAS COUNTY, WASHINGTON FOR ROAD PURPOSES BY DEEDS RECORDEDDUNE 18,1956 AND SEPTE2�MER 24,196Z UNDER AUDITOR'S NOS M510 AND 13669% RESPECTIVELY, ALSO EXCEPT THE SOUTH 170 FEETOF THE NORTH 180 FEET OF T73E W 57212 FEET THEREOF, AND ALSO EXCEPT T73E WEST 209 FEET TFIEREOF LYING SOUTHERLY OF THE NORTH 180 FEET THEREOF, AND EXCEPT THAT PORTION CONVEYED TO THE CITY OF EAST WENATCHME BY DEED RECORDED OCTOBER 03,1990, UNDER AUDITORS N0.263918. Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 5 of 15 OPERATION & MAINTENANCE MANUAL for 470 GRANT ROAD EAST WENATCHEE, WASHINGTON FEBRUARY 2012 WCE No. 2010-714 Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 6 of 15 STORM DRAINAGE POND AND FACILITIES OPERATION & MAINTENANCE MANUAL DEVELOPMENT AT 470 GRANT ROAD EAST WENATCHEE, WA (SDS SP2010-02) Douglas County, WA WCE No. 2010-714 Dated February 3, 2012 By Mason Talkington, E.I.T. of: Whipple Consulting Engineers (WCE) 2528 N Sullivan Road Spokane Valley, WA 99216 Under the direction of: Todd R. Whipple, P.E. Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 7 of 15 470 GRANT ROAD — E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL 1.00 PURPOSE This plan is intended to provide general operations and maintenance guidelines for the onsite storm drainage facilities located at the East Wenatchee Walgreen's, store number 13971 (the Tenant), located at the southwest intersection of Grant Road and Highline Drive at 470 Grant Road. Implementation of these guidelines will ensure that the drainage facilities installed will function as designed, and continue to discharge stormwater at the design outflow rates. 2.00 INTRODUCTION Generally, the drainage system is intended to treat and discharge the increase in stormwater runoff generated by on -site impervious areas. The drainage system routes the stormwater into a pond, where excess stormwater is discharged via drywells instead of pooling up on the drive aisles and parking lots. The drainage facilities in this site consist of a single detention pond located at the southwest corner of the site with a series of storm drain pipe and catch basins that collect and convey stormwater to the onsite pond. It is therefore of the utmost importance to provide adequate operations and maintenance activities to ensure that the pond remains silt or dirt free, as free flowing silt or dirt will affect the pond storage volume as well as the ability of the drywell to discharge stormwater. Should these facilities fill up or become clogged, the only remedy would be to remove the silt and debris. Therefore, periodic maintenance is a must. A full set of engineering drawings will be available for review at the City of East Wenatchee Public Works. 3.00 GENERAL OPERATIONAL CHARACTERISTICS The drainage facilities for the 470 Grant Road site are generally very simple, and have low maintenance requirements. A periodic visual inspection of the facilities will usually identify any required maintenance. Most maintenance will consist of mowing, watering and keeping the swales and ponds free of deleterious debris and sediment. However, a specific inspection schedule should be followed to ensure proper and safe operating conditions. See Section 4.0 for recommended maintenance schedules. Whipple Consulting Engineers Page 2 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 8 of 15 470 GRANT ROAD -- E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL 3.10 Drainage Pond Runoff from the onsite impervious surfaces will sheet flow to the detention pond located at the southwest corner of the site and also to catch basins located in low spots throughout the site. For this site, there is only one pond for storage and discharge, which will require maintenance. • Onsite pond located at the southwest corner of the site 3.20 Gutters, Curb Inlets, and Storm System Pipes As noted above, the storm drainage system within this site consists of one storm drainage pond and a series of storm drain pipe networks. Catch basins have been placed in low spots and on -grade locations to intercept stormwater flowing across the site, effectively capturing the stormwater in the catch basin and then conveying the stormwater to the storm drainage pond via storm drain pipe. The storm drainage facilities also include a roof drain storm pipe network that conveys stormwater runoff from the site's building roofs to the storm drainage pond. All structures should be inspected multiple times throughout the course of the year to prevent sediment and deleterious materials from blocking/plugging the catch basin inlets and storm drain pipes. An inspection schedule is outlined in Section 4.12 within this document. Whipple Consulting Engineers Page 3 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 9 of 15 470 GRANT ROAD — E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL 4.00 MAINTENANCE REQUIREMENTS AND SCHEDULES General Proper maintenance procedures are a necessity for the functionality of the drainage facilities. Improper maintenance, or lack of attentive maintenance measures, may result in substantial onsite and downstream impacts. It is strongly recommended that the Tenant designate an individual who will be responsible for making sure the maintenance measures are implemented. Warning: The Tenant is responsible for removing, disposing, and replacing the soil and grass sod located in drainage facilities situated within the private property at such time the City engineer deems necessary. The Tenant shall be responsible for payment of all claims and other liabilities which may become due for said maintenance responsibilities. The City of East Wenatchee does not accept the responsibility to inspect and/or maintain the drainage easements, nor does the City accept any liability for failure by the Tenant to properly maintain such areas. if the Tenant fails to maintain the drainage facilities in conformance with the accepted drainage plan on file at the City engineer's office, a notice of such failure maybe given to the Tenant by the City engineer. If not corrected within the period indicated on said notice, the city has the right to correct the maintenance failure, or ha%e it corrected, at the expense of the Tenant. 4.10 Drainage System All drainage facilities located outside of the City of East Wenatchee road rights -of -way and within tracts are expected to be maintained by the Tenant. If the site stores are abandoned at any point in time, the maintenance responsibilities will become that of the property owner. Whipple Consulting Engineers Page 4 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 10 of 15 470 GRANT ROAD — E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL 4.11 Treatment and Storage Inspection Generally, maintenance personnel are to conduct a visual inspection of the drainage facilities in the spring and fall. Additionally an inspection should be done immediately following a substantial rainfall or snowmelt event. This rainfall event could be that it rained noticeably hard for a short period (30 minutes or more) or that it rained steadily for a long period (6 hours or more) or if a significant rainfall, associated with a "Chinook Wind", fell on snow and caused a rapid snow melt event to occur. For long duration storms, greater than 24 hours, maintenance personnel are to inspect the drainage facilities during the storm event to identify any developing problems and safely correct them before they become major problems. Inspect all gutters, inlets, drywells, ponds or other appurtenances, making sure that they are clear of debris and obstructions. 2. Inspect the pond banks/sides/berms, making sure there are no breaches or breaks in the sides of the pond. Immediately repair any breaches or breaks, with a sandy loess soil, compacted in place and follow up after the storm event with more substantial maintenance activities. 3. Inspect the pond bottoms and be sure that they are free of trash or other debris that would prevent the infiltration of storm water. Additionally, the drywell, conveyance pipes, and catch basins within the ponds should be checked to be sure that they are free of debris and remain free draining. These above noted storm event related visual inspections (no. 1, 2, and 3) are in addition to the maintenance schedules noted for each item. 4.12 Conveyance Inspection of the following items should be performed once in the spring and once in the fall as noted: • Drainage Structures (catch basins, inlets and drywells) — should be visually inspected by either looking through or removing the grate to ensure that no build up of sediment or other deleterious material is blocking the opening to the pipe. If encountered, maintenance personnel should be contacted to remove the extra sediment and deleterious material from the structures. • Pipes, — pipe ends should be inspected for breakage, crushing or other damage which could impede stormwater flows. • Gutters — should be evaluated for settling, cracking, spalling or other damage Whipple Consulting Engineers Page 5 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 11 of 15 470 GRANT ROAD — E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL that would impede the flow of stormwater or other runoff from reaching the curb inlets and pond bottoms. Grassy Pond - should be evaluated for mowing damage, under -watering, over - watering and the presence of extra sediment. In the event that any of these elements are found, remediation back to a green healthy stand of mowed grass should be performed. Extra sediment should always be removed from the pond bottom or side slopes. 4.13 Inlets Inspections and maintenance of the inlet should be done during inspections of the swales, making sure that each of these inlets is clear of obstructions and debris, and in good condition. If there is any obstruction present, it should be removed immediately. 4.30 Pond Perimeter Fence The pond perimeter fence should be maintained by the Tenant, and should be inspected yearly for any large gaps, weathering, corrosion, or any other means that could comprom ise the structure and purpose of the fence. Whipple Consulting Engineers Page 6 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 12 of 15 470 GRANT ROAD — E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL 5.00 Recommended Set -Aside Funds for Maintenance & Future Replacement Costs LIST OF QUANTITIES Description Units Quantity Unit Price Total 8" Pipe LF 245 $15.00 $3,675.00 12" Pipe LF 605 $22.00 $13,310,00 15" Pipe LF 82 $30.00 $2,460.00 Pipe Total $19,445.00 Inlets EA 2 $300.00 $600.00 Type A Drywells EA 2 $2,200.00 $4,400.00 Catch Basin EA 7 $700.00 $4,900.00 Structure Total $9,900.00 ANNUAL MAINTENANCE AND OPERATION COSTS Description Units Quantity Unit Price Total Inspect Structures DAY 1 $50.00 $50.00 Flush/Clean Inlets EA 2 $100.00 $200.00 Inspect Ponds and Clean Outlets LS 1 $500.00 $500.00 Mowing & Irrigation of Ponds DAY 2 $250.00 $500.00 Annual Maintenance Cost $1,250.00 Whipple Consulting Engineers Page 7 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 13 of 15 470 GRANT ROAD — E. WENATCHEE STORM DRAINAGE PONDS AND FACILITIES OPERATION & MAINTENANCE MANUAL. REPLACEMENT COST Description Total Assume 50% of Pipe is Replaced in 20 years (=Pipe Total*0.5) $9,722.50 Assume 25% of Structures are Replaced in 20 years (=Structure Total*0.25) $2,475.00 Total Present Value (PV) of Replaced Pipe and Structures $12,197.50 Future Value of Pipe and Structures (FV), assume inflation=4%, n=20 FV = PV(F/P, 4%, n=20) $26,726.22 Annual Set -Aside for Future Replacement (A), assume interest=6%, n=20 A = FV(A/F, 6%, n=20) $1,789.97 Annual Maintenance and Operation Costs (from subtotal above) $1,250.00 Total Annual Costs $3,039.97 NOTE. F/P, A/F factors are from interest tables Whipple Consulting Engineers Page 8 of 8 470 Grant Rd Drainage O&M Manual Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3158148 Recorded 03:46 PM 03/02/2012 Page: 14 of 15 APPENDIX Thad L. Duvall, Auditor, Douglas County, WA. 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