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HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 7/13/2009 r 1945475 MASON CO WA 08/25/2009 02:21 PM DELL KRUEGER •31587 Roo Fu: 563.00 Pages: 2 I Illull Illnl III Iln Illla Mill IIII I111110111111111111111111 RETURN ADDRESS GRANTOR(S)(Last,First and Middle Initial) KRUEGER PROPERTY INVSTMNTS LLC KRUEGER PROPERTY INVSTMNTS LLC 14241 E STATE ROUTE 106 BELFAIR WA 98528-8533 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 Krueger#23371 SR-3 Commercial Parcel, relating to real property legally described as follows: The North half of the South half of Tract 4,Sam B.Thelees Home&Garden Tracts,as per plat recorded in Volume 4 of Plats,Page 20,records of Mason County,Washington. County Assessor's Property Tax Parcel Number: 12332-50-00009 The undersigned,as owner(s),covenant and agree that: L 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 home 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. Sigkature 'Signature Lester E. Krueger Betty L. Krueger Owner, Krueger Property Inv., LLC Owner, Krueger Property Inv., LLC 14241 E. St. Rt. 106 14241 E. St. Rt. 106 Address Address Belfair, WA 98528 Belfair, WA 98528 City,State,Zip City,State,Zip Phone:360-275-2336 Phone: 360-275-2336 STATE OF WASHINGTON, ss. (INDIVIDUAL ACKNOWLEDGEMENT) County of MASON I,Qn,6"4Vb.Lbs6kJ,Notary Public in and for the State of Washington,residing at Port QVdy'J do hereby certify that on this 13 eday of 10 200'L,personally appeared before me(eSkr f.L4vA r! e fps L. to me known to be the individual S described in and who executed the within instrument and acknowledged thar _signed and sealed the same as e v free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this 13 day of 0 J-gly .,2001—. /NJ 'p�y Notary Public in and for the State of Washington,residing at 3oNE Rema.+c.1"1 ut Fufiat/ in said County. My Commission expires 10/3i/1c1 1 ►IOTAW �h i Wps�� 1945475 Page 2 of 2 08/25/2009 02:21:36 PM Mason County,WA