HomeMy WebLinkAboutDeclaration of Covenants Storm Drainage - PLN General - 1/27/2010 1952519 MASON CO WA
01/27/2010 12:03 PM COV
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RETURN ADDRESS GRANTOR:
QUALITY FOOD CENTERS,A DIVISION
OF FRED MEYER STORES, INC,
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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 Quality Food Centers Fueling Facility No. 101,
relating to real property legally described as follows:
a portion of Lot One of Short Subdivision No. 2938, recorded under Auditor's File No. 1753627 in
Volume 3,Page 104,Records of Mason County,Washington,being a portion of the Northwest Quarter of
the Southeast Quarter in Section 29, Township 23 North, Range l West, W. M. , in Mason County,
Washington.
County Assessor's Property Tax Parcel Number 12329-42-9001.
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 in connection with the
Fueling Facility 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
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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. 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.
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STATE OF WASHINGTON,
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County of
I, S V�V11 Q 1 �R%► ,Notary Public in and for the State of Washington, do hereby certify that
on this day of January, 2010, personally appeared before me
i o t" A - "CLVIst VA and said person signed this instrument and
acknowledge (he/she) was authorized to execute this instrument and acknowledged it as the
►2�u of Quality Food Centers,a division of Fred Meyer Stores,Inc.,to
be the free and voluntary act and de d of such party for the uses and purposes herein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this Z day of -Jc1. Lko..r� ,2010.
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