Design & Construction Specifications - Town of Kernersville

More documents

Recommendations

Info

NORTH CAROLINA )) STORMWATER CONTROLFORSYTH COUNTY ) MAINTENANCE LIENTHIS agreement made and entered this the ______ day of ________________, 20___, by andbetween the TOWN OF KERNERSVILLE, a North Carolina Municipal Corporation, Party of the FirstPart, hereinafter referred to as "TOWN" and ____________________________, of_____________________________________, Party of the Second Part, hereinafter referred to as"PROPERTY OWNER";W I T N E S S E T HWHEREAS, the Town of Kernersville has enacted a Watershed Protection Ordinance pursuantto the requirements of North Carolina General Statute 160A-174, wherein certain property locatedwithin the Town of Kernersville is subject to mandatory restrictions related to stormwater control; andWHEREAS, the Town of Kernersville allows in said Ordinance the development of propertywithin public water supply watersheds provided that certain engineered stormwater controls areprovided by the property owner; andWHEREAS, the Town of Kernersville is obligated under provisions of North Carolina GeneralStatute 160A-174 and regulations promulgated by the Division of Environmental Management,Department of Environment, Health and Natural Resources, of the State of North Carolina to beresponsible for the maintenance of said engineered stormwater controls; andWHEREAS, provisions of the Watershed Protection Ordinance of the Town of Kernersvillerequire that the property owner build and maintain said engineered stormwater controls in compliancewith the requirements of the Division of Environmental Management and the Town of Kernersville asan express condition of the development of property within the public water supply watersheds withinthe jurisdiction of the Town of Kernersville and that to insure the completion of such engineeredstormwater controls, the property owner has deposited with the Town of Kernersville financial securityas required under Section 403 of the Watershed Protection Ordinance of the Town of Kernersville;NOW THEREFORE, in consideration of the release of the financial security required by Section403 of the Watershed Ordinance of the Town of Kernersville and to insure the continued maintenanceof all engineered stormwater controls required for the development of the real property moreparticularly described in the attached Exhibit A, the parties agree as follows:1. GRANT OF LIEN - The Property Owner hereby gives, grants and conveys unto the Towna lien upon the real property described in the attached Exhibit A which is incorporated herein as if fullyset forth. Said lien shall insure the continued maintenance of certain engineered stormwater controlsin conformity with the Operation and Maintenance Agreement of the Property Owner and the Town asset forth in the attached Exhibit B.2. DEFAULT BY PROPERTY OWNER - In the event that the Property Owner or anysuccessor in interest fails to maintain the engineered stormwater controls located on the propertydescribed in the attached Exhibit A in conformity with the Operation and Maintenance Agreement set
forth in Exhibit B attached and any subsequent modifications or additions thereto, the WatershedAdministrator of the Town shall notify the Property Owner in writing of such violations. If theviolations are not corrected within thirty (30) days of the receipt of notice violation, the WatershedAdministrator may declare the Property Owner in default by mailing to the Property Owner a Notice ofDefault or by other- wise notifying the Property Owner of the default by methods allowed under Rule 4of the North Carolina Rules of Civil Procedure. Upon service of the Notice of Default. The Town mayenter the property and make such repairs to the stormwater control structure(s) as to bring theproperty in compliance with the Operation and Maintenance Agreement. The cost of such repairs shallconstitute a lien upon the real property described in the attached Exhibit A. Upon service of Notice ofDefault, the Town may enter the property and take such corrective measures as are required to bringthe engineered stormwater controls in compliance with the Operation and Maintenance Agreement(Exhibit B attached). The Town may employ the services of a licensed professional engineer toevaluate the stormwater control structure(s) and to develop plans and specifications of correctiveactions necessary. All costs incurred by the Town to bring the stormwater control structure(s) intocompliance, including all engineering costs and reasonable attorney fees shall be assessed under theterms of this lien against the Property Owner, as a lien upon the real property described in theAttached Exhibit A.3. ENFORCEMENT OF LIEN - In the event that the Property Owner is in default as definedin Paragraph 2 above, the Town may file suit in the District Court of Forsyth County to enforce thislien. Upon receipt of a Judgment in its favor, the Town may satisfy the same by selling the realproperty described in the attached Exhibit A at public sale in the manner prescribed under Article 29Aof Chapter 1 of the General Statutes of the State of North Carolina.4. SUBORDINATION - Upon the request of the Property Owner, the Town shallsubordinate this lien to the first deed of trust which encumbers the real property described in theattached Exhibit A, provided that the Watershed Administrator of the Town first certify that as of thedate of the subordination the Property Owner is in full compliance with all requirements of theMaintenance and Operation Agreement set forth in the attached Exhibit B. This lien shall maintain nolower than second priority and upon the execution hereof the Property Owner shall submit unto theWatershed Administrator an opinion of title of a licensed attorney certifying that no lien exists superiorin priority to this lien except that which shall be subject to the subordination agreement contemplatedherein, save and except Ad Valorem taxes which are due but not currently payable.5. BANKRUPTCY - In the event that the Property Owner or any successor in interest shallbe subject to a bankruptcy petition or shall make a general assignment for the benefit of creditors orshall have a receiver appointed, the Town may elect to declare the Property Owner in default of thislien and may proceed with enforcement of the lien as provided in Paragraph 3 herein.6. GENERAL PROVISIONS -(a) Modification of this Agreement shall be in writing, signed, duly executed by theparties hereto, and kept on file with the original agreement.(b) Any offer, notice, election, or other communication, which any party heretomay be required or desire to give to any other party, shall be in writing and shall beconsidered delivered when deposited in the United State's mail, certified with postageprepaid, addressed to the last known address of the parties as shown below:Town of Kernersville134 East Mountain StreetKernersville, NC 27284__________________________________________________________________________________________(c) The parties agree that the terms and provisions of this Agreement shall bebinding upon, and inure to the benefit of, the parties, their heirs, executors,administrators, successors in interest and assigns.
Page 1 and 2:
TOWN OF KERNERSVILLEDESIGN AND CONS
Page 3 and 4:
TABLE OF CONTENTSITEMPAGE NUMBERDef
Page 5 and 6:
Drainage Maintenance Easement - A p
Page 7 and 8:
Stabilizing Vegetation - Any vegeta
Page 9 and 10:
Thoroughfare, Major - A public stre
Page 11 and 12:
STREETDESIGN STANDARDSGENERAL:For a
Page 13 and 14:
the Public Works Department, and al
Page 15 and 16:
Private StreetAlthough not encourag
Page 17 and 18:
C. Horizontal Street DesignAlignmen
Page 19 and 20:
practical. The vertical curve contr
Page 21 and 22:
G. BridgeStructures, which are to s
Page 23 and 24:
A. Intersection Sight DistanceIn or
Page 25 and 26:
Operating Speed(MPH)Table 3.2Minimu
Page 27 and 28:
60 650Source: AASHTO Green Book, 19
Page 29 and 30:
Design CriteriaRoadway Design Table
Page 31 and 32:
10. Maximum storm drainage pipe gra
Page 33 and 34:
) Contact person and phone numberc)
Page 35 and 36:
C. Revisions to Approved Plans:1. A
Page 37 and 38:
Design Drawing RequirementsPlans su
Page 39 and 40:
_____ 22. Match lines between sheet
Page 47 and 48:
CONSTRUCTION/INSPECTION STANDARDSGE
Page 49 and 50: ase placement, another proof roll m
Page 51 and 52: 9. Place stone base for curb and gu
Page 53 and 54: 2. Storm Drainage - A watertight sy
Page 55 and 56: 2. Authoritya. The CSS has all the
Page 57 and 58: 3. Limitationsa. The Inspector may
Page 59 and 60: (c)(d)of Aldermen, the Ordinance(s)
Page 61: STANDARD DRAWINGSTABLE OF CONTENTSI
Page 83 and 84: TOWN OF KERNERSVILLEDEPARTMENT OF P
Page 85 and 86: B. CONSTRUCTION REQUIREMENTS:1. The
Page 87 and 88: DATE:______________________________
Page 89 and 90: Town of KernersvillePublic Works De
Page 91 and 92: Watershed Permit Application - Low
Page 93 and 94: Watershed Permit - High DensitySite
Page 95 and 96: NORTH CAROLINA )) DEED OF EASEMENTF
Page 97 and 98: STATE OF NORTH CAROLINACOUNTY OF FO
Page 99: STATE OF NORTH CAROLINA )COUNTY OF
Page 103 and 104: Notary PublicEXHIBIT APROPERTY DESC
Page 105 and 106: PROCEDURE FOR BONDING IMPROVEMENTSB
Page 107 and 108: PROCEDURE FOR THE COMPLETIONof“PR
Page 109 and 110: SECTION 2DESIGN GUIDELINES.Relation
Page 111 and 112: Sidewalks and Pedestrians - Minimum
Page 113: Highways and Large Through Corridor
show all

Design & Construction Specifications - Town of Kernersville

Create successful ePaper yourself

Delete template?

Save as template?