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HomeMy WebLinkAboutDeclaration of Covenants - PLN General - 10/4/2014 ' RETURN ADDRESS Edward Melillo 1001 Fourth Ave. Suite 3200 Seattle,WA 98154 DECLARATION OF COVENANTS "VSSOCIATED WITH PRIVATELY MAINTAINED STORM DRAINAGE FACILITIES GRANTOR(S)High Maintenance,L.L.C. dba Stonehenge Gardens GRANTEE; MASON COUNTY DEPARTMENT OF PUBLIC WORKS In consideration of approval of the development known as Stonehenge Gardens,relating to real property legally described as follows: (SWD 1900923) All that portion of the Southeast quarter of Section 2, Township 23 North, Range 2 West, W.M., in Mason County,Washington, described as follows: BEGINNING at a point on the North line of said Southeast quarter,which point lies South 85°41'48"East 492.85 feet from the Northwest comer of said Southeast quarter;thence South 85°41'48"East along said North line 326.46 feet;thence South 31°45'51"East 831.27 feet to intersect the centerline of the existing road at a point on a curve from which the center lies South 11°19'07"East and 350.00 feet distant;thence Southwesterly along said centerline along said curve to the left through a central angle of 22°56'28"an arc distance of 140.14 feet to a point of tangency; thence South 55°44'25"West along said centerline 82.64 feet; thence North 34°15'35"West 1006.30 feet to the POINT OF BEGINNING. County Assessor's Property Tax Parcel Number: 22302-42-00170 The undersigned, as owner(s)(agents), 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 I Y 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 Edward M. Melillo - CEO Owner Agent 1001 Fourth Ave. Suite 3200 Address Address Seattle, WA 98154 City, State,Zip City, State, Zip Phone: Phone:206-621-8433 STATE OF WASHINGTON, ss. (INDIVIDUAL ACKNOWLEDGEMENT) County of-N4A SCLbL !-IQ e I, f*-gARDLge Fs:HM ,Notary Public in and for the State of Washington, residing at S&kfn-6- ,do hereby certify that on this y�day of Oc-beb- , 20 i`1 ,personally appeared before me 1;owaa M• m a 1.11 c to me known to be the individual_described in and who executed the within instrument and acknowledged that�F a signed and sealed the same as His free and voluntary act and deed for the uses and purposes herein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of oc-. , 20 H 4j�Q..t�''•s��N N ary Public in and for the State of Washington,residing at �Vi xs 1 AR YA�'�':� : 5g� wA- It►►r in said County. No N; My Commission expires 09, � , 20,s— PUgL G :O F0s � A �,► STONEHENGE GARDENS EDWARD MELILLO ESQ. 1001 4TH AVE. #3200 SEATTLE WA 98154 r 2031234 MASON CO WA Name and Return Address 10/14/2014 10:57 AM DECL MELILLO #77632 Rec Fee: $125.00 Pages: 4 I IIIIIII IIIIII III IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII 111111111111111111111111 C,��tic�rct ��-�_1�,t\ a RECEIVED 0-�. , Pr c� 1l-- OCT 131014 4Z6_9-CE AR 5 DOCUMENT TITLE (S) �e 7b UY\ v vac` t REFERENCE NUMBER(S) (if applicable) GRANTOR(S) fir) MI0,k'n GRANTEE (S) l"St)V1C-`� LEGAL DESCRIPTION (Abby.Form: quarter/quarter,section,township&range,or name of platted area with lot and/or block) �2Ciov1 PARCEL NUMBER dok 0 I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date Io - f� - ?�