02-18-2020 Planning Commission Packet

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WHEREAS,the Declarant desires to subject the Property to certain conditions and restrictions imposed by the MCWD as a condition to issuance of Permit#18-347 for the mutual benefit of the MCWD and the owners of the Property. NOW,THEREFORE,Declarant makes this Declaration and hereby declares that this Declaration shall constitute covenants to run with the Property in perpetuity, and further declares that the Property shall be owned, used, occupied and conveyed subject to the covenants,restrictions, easements, charges and liens set forth in this Declaration, all of which shall be binding on all persons owning or acquiring any right,title or interest in the Property, and their heirs, successors,personal representatives and assigns. All features requiring maintenance identified on the scaled site plan for the Property attached hereto and incorporated herein as Attachment A will be maintained in perpetuity in accordance with as follows: 1. STORMWATER FACILITIES a. Raingardens,infiltration basins and filtration basins. Raingardens, infiltration basins and filtration basins will be inspected annually to ensure continued live storage capacity at or above the design volume. Invasive vegetation, excess sediment and debris will be removed as needed and healthy plant growth will be maintained to ensure that the facilities continue to perform per design. b. Grit chambers,sump catch basins and sump manholes. Grit chambers, sump catch basins and sump manholes will be inspected in the spring, summer and fall of each year. All sediment and debris will be removed as needed such that the stormwater facilities operate as designed and permitted. c. Reporting. The Declarant will submit to the MCWD annually a brief written report that describes stormwater facility maintenance activities performed under this declaration, including dates, locations of inspections and the maintenance activities performed. 1. Violation. Both the Declarant and a subsequent property owner are liable to the MCWD for performance under this Declaration, and the MCWD may seek any remedy in law or equity against the Declarant as long as the declarant owns the Property and thereafter against the property owner to enforce the Declaration. 2. "Property owner" as used in this Declaration means the owner of the property on which is located the facilities to which the obligations herein apply. 3. Recitals. The recitals set forth above are expressly incorporated herein.