HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 7/27/1999 DECLARATION OF COVENANTS ASSOCIATED WITH
PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES
Declaration of Covenant z� i
onsi a 'on a o al of d elopment known as//X
relating to real property legally described as follows:
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
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Y
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 t the benefit of all the citizens of Mason County.
9 F /
O ner owner
STATE OF WASHINGTON,
ss. (INDIVIDUAL ACKNOWLEDGEMENT)
County of MASON
I, Kathy L Baertschiger ,Notary Public in and for the
State of Washington, residing at Belfair WA ,do
hereby certify that on this 27th day of July
19 99 ,personally appeared before me Thomas N Miller
to me known to
be the individual he described in and who executed the within
instrument and acknowledged that he signed and sealed
the same as he free and voluntary act and deed for the
uses and purposes herein mentioned.
Jul GIVEN UNDER MY HAND AND OFFICIAL SEAL this 27th day of
y , 19
99
*PERTSCy;�
i Notary Public in and the
;�jN ekA�S' State of Washington, residing
at Belfair WA
:o • �\v zs _in said County.
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expires 5/7/02
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