HomeMy WebLinkAbout2015-04-01 - George and Marisa Chang - Stormwater CovenantsThad L. Duvall, Auditor, Douglas County, WA,
AFN # 3194538 Recorded 05/16/2016 at 11:50:57AM,
COVEN Pages: 7 $79.0o
CITY OF EAST WENATCHEE
When Recorded Please Return to:
Dana Barnard, City Clerk
City of East Wenatchee
271 9" Street NE
East Wenatchee, WA 98802
The information contained in this boxed section is for recording purposes only in accordance with RCW 36.18 and RCW 65.0z
and is not to be relied upon for any other purposes, and shall not affect the intent of or any warranty contained in the document
Reference Number of Documents Released: N/A
Reference Numbers of Related Documents: N/A
Grantor: GEORGE S. AND MARISA K. CHANG
Grantee: City of East Wenatchee
Legal Description (Abbreviated): A PORTION OF THE SW'/a OF SECTION 12, TOWNSHIP 22 N. 20 E.W.M.
FULL LEGAL ON PAGE 4.
DECLARATION OF STORM WATER SYSTEM TREATMENT FACILITY
MAINTENANCE RESTRICTIONS AND COVENANTS
Grantors declare and covenant as follows:
Grantors incorporate all exhibits attached to this Declaration by reference.
2. The City of East Wenatchee is the beneficiary of all conditions and restrictions set
forth in this Declaration.
Grantors own real property located at 684 3`d STREET NE, East Wenatchee,
Washington. The legal description of the property is set forth in the attached Exhibit
A.
4. In relation to the property, Grantors have completed work associated with the project
identified as East Wenatchee File # CUP2014-01 and Building Permit # BP1897.
As a condition of development, Grantors have designed and constructed a private
storm water drainage system ("System") to serve the real property. To ensure the
System functions as designed, the design engineer has prepared an operation and
maintenance manual (attached as Exhibit B) in accordance with the requirements of
the East Wenatchee Municipal Code.
6. Likewise, to ensure the System functions as designed, Grantors are perpetually
responsible for the maintenance and repair of the System.
Grantors will inspect, maintain, and repair the System in accordance with the
requirements of the East Wenatchee Municipal Code, with the operation and
maintenance manual, and with the plans that are attached as Exhibit B.
,/;qy ;3 hd <4rtt- N E
8. The Grantors shall not reduce, expand or otherwise modify the design or operation of
the System without first obtaining review by and written approval from the City of
East Wenatchee
9. Grantors shall maintain the records of the installation of the System. Likewise,
Grantors shall make records of all maintenance and repairs done on the System.
Grantors shall retain these records for at least five years. Grantors agree to submit
copies of these records to the City by December 1 of each year. Grantors will also
make these records available to the City within five day upon receiving a written
request from the City or any other agency having jurisdiction.
10. If the Grantors receive prior, written approval from the City to subdivide the property,
Grantors agree to implement a long-term funding mechanism to support the continued
inspection, maintenance, and repair of the System. The Grantors shall implement such
a funding mechanism by creating an Owner's Association by further declarations and
covenants binding upon the real property, binding upon all subdivided lots, and
binding upon any purchasers of a subdivided lot, and binding upon Grantors'
successors and assigns.
11. To inspect the condition of the System, the City has the right to enter the real property
at reasonable times and with reasonable notice. The Grantors agree to fully comply
with all written notices of corrective action issued by the City or by any agency with
jurisdiction.
12. If the Grantors fail to fully and timely comply as required by a written notice of
corrective action, then the City, or any agency with jurisdiction, may enter the real
property to perform all work necessary to bring the System into compliance with
these Covenants. The Grantors agree to pay all costs and expenses incurred by the
City, or any agency with jurisdiction, for such repairs and maintenance. These costs
include, but are not limited to: the cost of personnel or contractors, the cost of
equipment, the cost of any design and engineering, and the cost of materials. The City
will bill Grantors for all costs associated with any remedial work done by the City.
Measured from the time the remedial work is completed, the City will charge interest
(as allowed by law) and will place a lien on the property for any unpaid costs.
13. Grantors waive any and all claims for damages against the City arising from the
design, construction, inspection, repair and/or maintenance of the System.
14. Grantors agree to indemnify, defend and hold harmless the City from any and all
claims arising from the design, construction, inspection, repair or maintenance of the
System.
15. Unless Grantors receive prior, written approval from the City, the Grantors may not
amend or modify the restrictions and conditions set forth in this Declaration.
16. If one of the parties initiates legal action to enforce the terms of this Declaration, each
party shall bear its own costs, attorney's fees, expert fees, and other fees.
17. The law of the State of Washington governs the interpretation and enforcement of this
Declaration. Any dispute regarding the interpretation or enforcement of this
Declaration shall by resolved by the Douglas County Superior Court.
Declaration of Stoma Water System Restrictions and Covenants (Ver 7/30/2015)
Page 2 of 7
18. The conditions and restrictions contained in this Declaration, along with the City's
right to enforce them, are covenants that run with the real property in perpetuity.
Accordingly, the conditions and restriction contained in this Declaration apply and
are forever binding upon Grantors, heirs, executors, administrators, subsequent
purchasers, grantees, or assigns.
19. If the Douglas County Superior Court determines that any provision of this
Declaration is illegal, invalid or unenforceable, the remaining provisions of the
Declaration will remain in full force and effect
Grantee — CITY OF EAST WENATCH
BY: / ATTEST:
Ste en C. Lacy, MayU Dana Barnard, City Clerk
Marisa K. Chang
Date: ,�-- S— l/:�;, V Date:
CERTIFICATE r� OFACKNOWLEDGMENT
State of Ai R }
} ss.
County of 1) o Cr`'?,
On this day personally appeared before me Gzeo rye �. C 1 ka ti�to me known to be
the individual, or individuals described in and who executed the within and foregoing
instrument, and acknowledged to me that he/she/they signed the same as his/her/their free
and voluntary act and deed, for the uses and purposes therein mentioned. Given under
my hand and official seal this _"day of VY1,0—J `-o (P
By: � l�l(
Notary Public residing at �5�, na(r EC�t P W /}
My Appointment Expires: '3 —q ,-.1 a
CERTIFICATE OFACKNOWLEDGMENT
State of }
} SS.
County of t1 ff C"— ID, ( Q 51 }
On this day personally appeared before me lM CL rc'SQ 1c. C &n� me known to be
the individual, or individuals described in and who executed the withitrland foregoing
instrument, and acknowledged to me that he/she/they signed the same as his/her/their free
and voluntary act and deed, for the uses and purposes therein mentioned. Given under
my hand and official seal this k day of VWCL (0 .
By: —
Notary Public residing at Fn s L Pa LL)
My Appointment Expires: 'Z - g'- a
NOTARY
etc
NOTAgy
ftleuG
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 3 of 7
Exhibit A
Legal Description
THE WESTERLY ONE-HALF OF THE FOLLOWING DESCRIBED TRACT OF LAND:
A TRACT OF LAND LYING AND LOCATED IN THE SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 12, TOWNSHIP 22 NORTH, RANGE 20 E W.M.
MORE PARTICULARLY DESCRIBED AS COMMENCING AT THE SOUTH QUARTER
CORNER OF SAID SECTION 12; THENCE RUNNING WEST ALONG THE SOUTH
LINE OF SAID SECTION A DISTANCE OF 1,495 FEET; THENCE NORTH AND
PARALLEL WITH THE EAST BOUNDARY LINE OF THE SOUTHWEST QUARTER
OF THE SOUTHWEST QUARTER OF SAID SECTION 12, A DISTANCE OF 1,322.6
FEET, MORE OR LESS TO A POINT ON THE NORTH LINE OF THE SOUTH HALF OF
THE SOUTHWEST QUARTER OF SAID SECTION 12, WHICH IS THE TRUE POINT OF
BEGINNING; THENCE WEST ALONG SAID LINE A DISTANCE OF 230 FEET; THENCE
SOUTH 189.4 FEET; THENCE EAST 230 FEET; THENCE NORTH 189.4 FEET TO THE
TRUE POINT OF BEGINNING.
SOURCE: STATUTORY WARRANTY DEED AFN#3175893
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 4 of 7
Exhibit
Operations and Maintenance Manual
Declaration of Storm Water Syste
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Declaration of Storm Water System Restrictions and Covenants (Ver V30/2015)
Page 6 of 7
Declaration of Storm Water System Restrictions and Covenants (Ver 7/30/2015)
Page 7 of 7
RECEIPT
62300
Douglas County, WAAuditor
213 S. Rainier
Transaction#:
62300
P.O. Box 456
Receipt #:
40632
Waterville, WA 98858
(509) 888-6404
Cashier Date:
5/16/2016 11:50:57AM
Print Date:
5/16/2016 11:50:59AM
Total Fees:
$79.00
Date Received: 5/16/2016 11:42:57AM
CITY OF EAST WENATCHEE
Location:
Main
Total Payments:
$79.00
271 NINTH STREET
Return Code:
MAIL
Balance Due:
$0.00
EAST WENATCHEE,WA 98801
Trans Type:
Recording
Reference:
Cash Tendered:
Escrow Balance: $(79.00)
Cashier:
MJORDAN
Change:
$0.00
Payment
ESCROW
$79.00
Miscellaneous Item
COVER LETTER
BK/PG: / DOC #: Pages: 1 Date: 5/16/2016
11:50:57AM
0.00
Official Record
BK/PG: / DOC #: 3194538 Pages: 7 Date: 5/16/2016 11:50:57AM
RecordingFee 79.00
Page 1 of 1