HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 8/27/2003 RETURN ADDRESS GRANTOR(S)(Last,First and Middle Initial)
Dave Cooper Cooper,Dave
3236 Wheaton Way
Bremerton WA 98310
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 Cooker's Fuel, relating to real property legally
described as follows:
Lot 5 of Survey recorded under Auditor's File 1773853 Records of Mason County Washington
and being a portion of the NE '/4 of the SE'/4 of Section 21,Township 23 North,Range 1 West,
W.M.,Mason County,Washington
County Assessor's Property Tax Parcel Number 12321 75 00050
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 WASHNGTON,
ss_ (INDIVIDUAL ACKNOWLEDGMENT)
County of MASON
1, ,Notary Public in and for the State of Washington,residing at
, do hereby certify that on this day of ,200_,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 ,200_.
Notary Public in and for the State of Washington,residing at
in said County.
My Commission expires
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