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Home My WebLink AboutBLD96-01359 Declaration of Covenants Stormwater Review - PLN General - 11/14/1996 MASON COUNTY PUBLIC WORKS DIRECTOR/COUNTY ROAD ENGINEER Shehon,Wadwigton 98584 DATE: November 14, 1996 INTER-DEPARTMENTAL COMMUNICATIONS TO: Pam Bennett Cummings, DCD - Planner FROM: Alan A. Tahja, P/W- Co. Hydr. Engr. SUB.I: Stormwater Review NAME: Skookum Lumber Company SEP96-0263 MIS96-0767 BLD96-1284 Public Works has been delivered a copy of a recorded Declaration of Covenants Associated with Privately Maintained Storm Drainage Facilities to cover the vehicle washrack being constructed at the Skookum Lumber Company facility. The Auditor's file number for the Skookum Lumber Company Washrack is 637573 . The O&M Covenant is in the form provided by Public Works, and is considered acceptable in spite of the omission of"Mason County" from three paragraphs on the form. This omission is considered by Public Works to be unintentional, and by accepting the covenant, Public Works will administer the covenant as though the entity"Mason County" was present. This omission may have been intentional since the washrack is being installed as part of the NPDES permit the lumber company is operating under. Ecology may be the entity who monitors the maintenance for the washrack, and by omission of specifically naming the County as the administering agency, the covenant could be argued to be expanded to include Ecology as well as the County as the responsible agency. Either way, the applicant has signified their recognition of the need for ongoing maintenance, and their willingness to abide by the normal O&M Standards, regardless of who identifies the need. Si cerely, U Man A. Tahja File: H:\WP\STRMWTR\REVIEWS\SKM-LMBR.RV2 1 / a DECLARATION OF COVENANTS ASSOCIATED WITH �' � PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES Declaration of Covenant In consideration of approval of the development known as Skookum Lumber Vehicle Washrack, relating to real property legally described as follows: The Southeast quarter (SE 1/4) of the Northwest quarter (NW 1/4); AND, all those portions of the South half (S 1/2) of the Northeast quarter (NE 1/4), the Northeast quarter (NE 1/4) of the Southwest quarter (SW 1/4) and the Northwest quarter (NW 1/4) of the Northwest quarter (NW 1/4) of the Southeast quarter (SE 1/4) which lie Northerly of the Northwest boundary of the Northern Pacific Railroad Company (now Burlington Northern Railroad Company) right-of-way, all in Section twenty four (24), Township nineteen (19) North, Range four (4) West, W.M. TOGETHER WITH a non-exclusive easement, 30 feet in width, for road and utility purposes, the centerline of which is the centerline of an existing road which runs in a Northwesterly direction from Secondary State Highway No. 108 (formerly Highway No. 9-D) to the above described land, over and across that portion of Section twenty-four (24), Township nineteen (19) North, Range four (4) West, W.M., lying Northerly of said Highway No. 108 and Southerly of the Northern Pacific Railroad (now Burlington Northern Railroad Company) right-of-way, as described in instrument recorded August 11, 1972, Auditor's File No. 271895, and as amended by instrument recorded September 23, 1975, Auditor's File No. 306640. ALSO, TOGETHER WITH AND SUBJECT TO a non-exclusive easement for ingress, egress and public utilities, over, under and across an existing road as now established and in use over and across the South half(S 1/2) of the Northeast quarter (NE 1/4) of Section twenty-four (24), Township nineteen (19) North, Range four (4) West, W.M. AND over and across all that portion of the Northwest quarter (NW 1/4) of Section nineteen (19), Township nineteen (19)North, Range three (3) West, W.M., lying Northerly and Westerly of State Highway No. 108, EXCEPTING therefrom the North 1100 feet thereof. The undersigned, as owners(s), covenant and agree that: 1. If at anytime 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 Page 1 of 3 94116cv.doc y days notice that the County intends to perform such maintenance or repairs, or to have the 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 to perform the work, the current owners will assume responsibility for the cost of such maintenance or repair and will reimburse the County within 30 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 born by the parties responsible for said reimbursements. 2. If at anytime 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 30 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 Page 2 of 3 94116cv.doc r 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 of the citizens of Mason County. ll. Signature ` V -lGe r 7 V►-u�l �1.'� Plant Engineer F vim'- hLL Address City, State, Zip Phone: `.� L 12�- °'►�2 l c Phone: ff of`-� 7 f"2 _ —7 STATE OF WASHINGTON ss (INDIVIDUAL ACKNOWLEDGMENT) County of I, Q otary Public in and for the State of Washington, residing at - do hereby certify that on this day of 1 ersona y appeared before me D. Z, S to me known to be the individual drscribed in and�w}o executed the within instrument VIC acknowledged that �l� . . r/t9 : signed and sealed the same as free anAvoluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of 19 lc t Notary Public in and for the State of Washington, residing at in saio Co u t My commission expires . 1.2-110 Page 3 of 3