Loading...
HomeMy WebLinkAbout2016-08-02 - DB Wenatchee LLC, Dutch Bros Coffee - Stormwater CovenantsThad L. Duvall, Auditor, Douglas County, WA. AFN # 3196647 Recorded 08/11/2016 at 10:48:48AM, COVEN Pages: 13 $85.00 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 3 6. 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 Water System Treatment Facility Maintenance Restrictions and Covenants Reference Number of Documents Released: N/A Reference Numbers of Related Documents: 3 ] 53106 Grantor: DB WENATCHEE LLC Grantee: City of East Wenatchee Legal Description (Abbreviated): TAX 173 IN SWSW: A/K/A PCL A OF BLS #3153106. Full legal on page 4. Parcel Number(s): 22201230050 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 685 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 # BP 1577. 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 7/3020I5) Page 2 of 13 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. Grantee - M 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 OF EAST WENA AT ST G,�'z�—i City Clerk D. o Date: 411 to CERTIFI TE OF A CKNO WLED GMENT State of �1% } p } SS. County of cyfcll�j } On this day personally appeared before me J 64 e!S A C LGCho me known to 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 t and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this —4?ALd.day of R 1 By: Notary Public residing at My Appointment Expires: CERTIFICATE OF ACTOWLEDGMENT State of ' K } } SS. County of tJO�tGt��1 i } i On this day personally appeared before me S+evet^ Ci• LAdq 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 thereiji mentioned. Given under my hand and official seal this 14A day of Si", aZ0 /to By: Notary Public residing at My Appointment Expires: 8 DANA BARNARD NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES MAY 21. 2018 DANA BARNARD NOTARY PUBLIC STATE OF WASHINGTON COWASSION EMFIES Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 3 of 13 Exhibit A Legal Description THE DISTANCES OF THIS DESCRIPTION ARE IN GRID. MULTIPLY BY A COMBINED SCALE FACTOR OF 1.000021800 TO DERIVE GROUND DISTANCES. A PORTION OF LAND LOCATED IN THE SOUTHWEST CORNER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 20 EAST OF THE WILLAMETTE MERIDIAN, DOUGLAS COUNTY, WASHINGTON: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION; THENCE SOUTH 89048'09" EAST FOR A DISTANCE OF 439.89 FEET; THENCE NORTH 00°39'45" WEST FOR A DISTANCE OF 30.00 FEET; THENCE SOUTH 89048'09" EAST A DISTANCE OF 123.83 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89048'09" EAST FOR A DISTANCE OF 52.19 FEET; THENCE BEARING NORTH 00039'45" WEST A DISTANCE OF 247.39 FEET; THENCE NORTH 89045'53" WEST A DISTANCE OF 72.64 FEET; THENCE SOUTH 00°39'45" EAST A DISTANCE OF 117.43 FEET; THENCE SOUTH 89°48'09" EAST A DISTANCE OF 44.00 FEET; THENCE SOUTH 00039'45" EAST A DISTANCE OF 55.52 FEET; THENCE SOUTH 89020' 15" WEST A DISTANCE OF 18.00 FEET; THENCE SOUTH 00°39'45" EAST AS DISTANCE OF 16.00 FEET; THENCE SOUTH 08°51'46" WEST A DISTANCE OF 33.61 FEET; THENCE SOUTH 00°39'45" EAST A DISTANCE OF 25.00 FEET TOP THE TRUE POINT OF BEGINNING. Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 4 of 13 Exhibit B Operations and Maintenance Manual 11.1 Objective: Inadequate maintenance or improper operation is a common cause of failure for stormwater facilities. To ensure the stormwater control facilities are adequately maintained and properly operated, the owner shall plan for and perform appropriate preventive maintenance and performance checks at regular intervals. 11.2 Guidelines: The owner shall operate and maintain the facilities in accordance with as Operation and Maintenance (O&M) plan that is prepared in accordance with the provisions in Chapter 6 of the Stormwater Management Manual for Eastern Washington (Stormwater Manual). This section of this report is intended to provide the basis for the O&M plan. The O&M plan shall address all proposed stormwater facilities and BMPs, and identify the owner responsible for maintenance and operation. A copy of the plan shall be retained onsite or within reasonable access to the site, and shall be transferred with the property to the any new owner. A log of maintenance activity that indicates what actions were taken shall be kept and be available for inspection by the local jurisdiction. 11.3 Supplemental Guidelines: The description of each BMP in Chapter 5, 6, and 7 of the Stormwater Manual includes a section on maintenance. Chapter 6 includes a schedule of maintenance standards for drainage facilities to be constructed on the project site. See attached maintenance requirements. 11.4 Maintenance Criteria: A. Infiltration Pond: a. Provision should be made for regular and perpetual maintenance of the infiltration pond, including replacement and/or reconstruction of the treatment infiltration medium. Maintenance should be conducted when water remains in the pond for more than 72 hours or overflows the pond. An O&M plan, approved be the local jurisdiction, should ensure maintaining the desired efficiency of the infiltration facility. b. Debris/sediment accumulation — Removal of accumulated debris/sediment in the pond should be conducted every 6 months or as needed to prevent clogging, or when water remains in the pond for greater than 72 hours. Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 5 of 13 c. The treatment soil should be replaced or amended as needed to ensure it is maintaining adequate treatment capacity. d. See Stormwater Manual Appendix 6A for additional maintenance requirements. e. Written record of all inspections and maintenance should be kept. B. Catch Basins and Drain Pipes: a. Provision should be made for regular and perpetual maintenance of the catch basins and drain pipe. b. See Stormwater Manual Appendix 6A for maintenance requirements. c. Written record of all inspections and maintenance should be kept Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 6 of 13 w I I F Z GRANT R D, i T DRAINAGE PLAN 91 w« GT,Fji eozwrreK n.e ( i�t FI COFFEE OUTLET �-, rl l\4 -.- Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 7 of 13 Maintenance Requirements for Infiltration Ponds e 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 Holes 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 Bags (if Filled with Sediment and debris fill bag more than Filter 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 filter 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 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". Pre -settling Facility or sump 6" or designed sediment trap depth of Sediment is removed. Ponds and filled with sediment. Vaults Sediment and/or debris 6A-10 Chapter 6— Flow Control Facility Design September 2OO4 Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 8 of 13 No. 6—Catch Basins Maintenance Defect Conditions When Maintenance is Needed Results Expected When Component Maintenance is performed. General Trash & Trash or debris 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. 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 6 Inches 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 ore than 113 of its height. of trash or debris. als or vegetation that could r No dead animals or dors that could cause complaints vegetation present within us gases Is 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 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 112 inch and longer than 1 foot at the secure at basin wall. joint of any inlettoutlet pipe or any evidence of soil particles entering catch basin through cracks. SettlemenU 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 inletfoutlet pipe joints No vegetation or root that is more than six inches tall and less than growth present. six inches apart. 5A•8 Chapter 5 — Runoff Treatment Facility Design September 2004 Declaration of Stoma Water System Restrictions and Covenants (Ver 7/30/2015) Page 9 of 13 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 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 propertools. Not Working into frame have less than 112 inch 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 718 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 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 Trash or debris that is plugging more Barrier cleared to design flow Debris than 20%of the openings in the barrier. capacity. Metal Damaged/ Bars are bent out of shape more than 3 Bars in place with no bends more Missing inches. than 3/4 inch. Bars. Bars are missing or entire barrier Bars in place according to design. missing. Bars are loose and rust is causing 50% Barrier replaced or repaired to deterioration to any part of barrier. design standards. Inlet/Outlet Debris barrier missing or not attached to Barrier firmly attached to pipe Pipe pipe September 2004 Chapter 5— Runoff Treatment Facility Design 5A-9 Declaration of Stonn Water System Restrictions and Covenants (Ver 7/30/2015) Page 10 of 13 Maintenance Requirements for Detention Ponds e: General Trash & Debris Any trash and debris which Trash and debris cleared from site. exceed 6 cubic feet per 1,000 square feet (this is about equal to the amount of trash it would take to fill 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 State or local regulations. Complete eradication of noxious (Apply requirements of adopted weeds may not be possible. Integrated Pest Management (IPM) Compliance with Stale or local policies for the use of herbicides). eradication policies required 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 7/30/2015) Page 11 of 13 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 Arborist 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 1/4-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 berm 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 12 of 13 b 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 4 feet in be removed and the berm restored. height may lead to piping through A licensed civil engineer should be the berm which could lead to failure consulted for proper bermtspillway of the berm. restoration. Piping Discernible 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. 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 feet 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 Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015) Page 13 of 13