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HomeMy WebLinkAboutDeclaration of Covenants Storm Drainage Facilities - PLN General - 10/13/2008 RETURN ADDRESS GRANTOR(S)(Last,First,Middle Initial) Dwight S.McKay McKay,Dwight S. 590 EIsland Lake Drive Shelton, WA 98584-7821 GRANTEE; MASON COUNTY DEPARTMENT OF PUBLIC WORKS DECLARATION OF COVENANTS ASSOCIATED WITH PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES Declaration of Covenant In consideration of approval of the development known as Shelton Springs Road Mini Storags Shelton WA 98584 relating to real property legally described as follows: Lot 3 of SPIT 2413 County Assessor's Property Tax Parcel Number 42012-21-90003 The undersigned,as owner(s),covenant and agree that: 1. If at any time Mason County reasonably determines that maintenance or repair work is required to be done to the existing, approved storm drainage facilities installed on the property described above and located outside of any public right-of-way(which will mean repair and or clean out of the existing system only to the same standards as originally installed and approved), the Director of the Department of Public Works shall give the current owners seven days notice that the County intends to perform such maintenance or repairs,or to have them performed by others. If the current owners have not completed or are not diligently pursuing the repair or maintenance of the system and it becomes necessary for Mason County to perform the work, the current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the County within thirty days of receipt of the invoice. Overdue payments will require payment of interest at the current legal rate for liquidated judgments,and any costs or fees incurred by the County, should any legal action be required to collect such payments, will be borne by the parties responsible for said reimbursements. 2. If at any time Mason County reasonably determines that the existing and approved storm drainage system on the property poses a hazard to life and limb,or endangers property,or adversely affects the safety and operations of a public way,due to failure, damage or non-maintenance of the existing on-site storm system,and that the situation is so adverse as to preclude written notice to said owners, the Director of the Department of Public Works may take the measures necessary to eliminate the hazardous situation(which will mean repair or clean out of the existing system only to the same standards as originally installed and approved) provided the Director has first made a reasonable effort to locate said owner before acting. The current owners will assume responsibility for the cost of such maintenance or repair;and will reimburse the County within thirty days of receipt of the invoice.Overdue payments will require payment of interest at the current legal rate for liquidated judgments, and any costs or fees incurred by the County,should any be borne by the parties responsible for said reimbursements. 3.The owner shall keep the Mason County Public Works Department informed at all times as to the name,address and telephone number of the contact person responsible for the performance of maintenance or repair work to the storm drainage facilities. These covenants are intended to protect the value and desirability of the real property described above,and to benefit all the citizens of Mason County.They shall run with the land and be binding on all parties having or acquiring from the current owners or their successors,any right,title or interest therein,and to the benefit of all the citizens of Mason County. Signature Signature Owner Owner Address Address City,State,Zip City,State,Zip Phone: Phone: STATE OF WASHINGTON, ss. (INDIVIDUAL ACKNOWLEDGEMENT) County of MASON I, Notary Public in and for the State of Washington,residing at .do hereby certify that on this_day of 2008 personally appeared before me to me known to be the individual_described in and who executed the within instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this_day of 2008 Notary Public in and for the State of Washington,residing at in said County. My Commission expires RETURN ADDRESS GRANTOR(S)(Last,First,Middle Initial) Dwight S.McKay McKay,Dwight S. 590 EIsland Lake Drive Shelton, WA 98584-7821 GRANTEE; MASON COUNTY DEPARTMENT OF PUBLIC WORKS DECLARATION OF COVENANTS ASSOCIATED WITH PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES Declaration of Covenant In consideration of approval of the development known as Shelton Springs Road Mini Storage.Shelton, WA 98584 relating to real property legally described as follows: Lot 4 of SP#2413 County Assessor's Property Tax Parcel Number 42012-21-90004 The undersigned,as owner(s),covenant and agree that: 1. If at any time Mason County reasonably determines that maintenance or repair work is required to be done to the existing, approved storm drainage facilities installed on the property described above and located outside of any public right-of-way(which will mean repair and or clean out of the existing system only to the same standards as originally installed and approved), the Director of the Department of Public Works shall give the current owners seven days notice that the County intends to perform such maintenance or repairs,or to have them performed by others. If the current owners have not completed or are not diligently pursuing the repair or maintenance of the system and it becomes necessary for Mason County to perform the work, the current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the County within thirty days of receipt of the invoice. Overdue payments will require payment of interest at the current legal rate for liquidated judgments,and any costs or fees incurred by the County, should any legal action be required to collect such payments, will be bome by the parties responsible for said reimbursements. 2. If at any time Mason County reasonably determines that the existing and approved storm drainage system on the property poses a hazard to life and limb,or endangers property,or adversely affects the safety and operations of a public way,due to failure,damage or non-maintenance of the existing on-site storm system,and that the situation is so adverse as to preclude written notice to said owners, the Director of the Department of Public Works may take the measures necessary to eliminate the hazardous situation(which will mean repair or clean out of the existing system only to the same standards as originally installed and approved) provided the Director has first made a reasonable effort to locate said owner before acting. The current owners will assume responsibility for the cost of such maintenance or repair;and will reimburse the County within thirty days of receipt of the invoice.Overdue payments will require payment of interest at the current legal rate for liquidated judgments,and any costs or fees incurred by the County,should any be borne by the parties responsible for said reimbursements. 3.The owner shall keep the Mason County Public Works Department informed at all times as to the name,address and telephone number of the contact person responsible for the performance of maintenance or repair work to the stone drainage facilities. These covenants are intended to protect the value and desirability of the real property described above,and to benefit all the citizens of Mason County.They shall run with the land and be binding on all parties having or acquiring from the current owners or their successors,any right,title or interest therein,and to the benefit of all the citizens of Mason County. Signature Signature Owner Owner Address Address City,State,Zip City,State,Zip Phone: Phone: STATE OF WASHINGTON, ss. (INDIVIDUAL ACKNOWLEDGEMENT) County of MASON I, Notary Public in and for the State of Washington,residing at ,do hereby certify that on this—day of , 2008 personally appeared before me to me known to be the individual_described in and who executed the within instrument and acknowledged that signed and sealed the same as free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this_day of 2008 Notary Public in and for the State of Washington,residing at in said County. My Commission expires