HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 10/12/2011 RETURN ADDRESS
O'ReillyAutomotive Stores Inc. (�Attn:Liz Dugger
233 South Patterson
Springfield.MO 65802
DECLARATION OF COVENANTS ASSOCIATED WITH
PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES
GRANTOR(S): O'REILLY AUTOMOTIVE STORES,INC.
GRANTEE;MASON COUNTY DEPARTMENT OF PUBLIC WORKS
In consideration of approval of the development known as
O'Reilly Auto Parts—Belfair,WA ,relating to real property legally described as follows:
County Assessor's Property Tax Parcel Number: 12322-50-00942
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.
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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 b nefit of all the citizens of Mason County.
Signature Signature
Ted F. Wise, Co-President& COO of
O'Reilly Automotive Stores, Inc.
Owner Owner
233 South Patterson
Address Address
Springfield, MO 65802
City, State, Zip City, State, Zip
Phone: (417) 862-2674 Phone:
STATE OF MISSOURI,
ss.
County of GREENE
IA otary Public in and for the State of Missouri,do hereby certify that on this
=,day of COe Jg 6 r , O-LL,personally appeared before me Ted F.Wise,Co-President and COO of
O'Reilly Automotive Stores,Inc., to me known to be the individual described in and who executed the
within instrument and acknowledged that he signed and sealed the same on behalf of said company as his
free and voluntary act and deed for the uses and purposes herein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL _a �i SEAL this ay oM{D�, 20JA_.
ELI7ABETH A.DUGGER
Notary public,state of Missoun kuln and the of Missouri, residing at
Christian County
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