27679 ENGINEERS REVIEW
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AF'TER RECORDiNG RETURN TO:
Spokane County Public Works
Developmont Engineering Services, 2"° Floor
1026 W. Broadway Ave
Spokane, WA 99260-0170
Documeut Tltle: Dralnage Declaration of Covenant
Grantor: C& G Partnership, a Washington General Partner, Grant C. Rice, a mamed person, and Naomi C. Scotberg, a married
person, each as their sole and separate property
Graatee: Spokanc Counry and Shelley Lakc Homeowners Association
Abbreviated Legal Descrlpdon: Section 24, Township 25 North, Range 44 East. W t%1 , Shclley Lake PUD, 4 r"
Addition
Assessor's Tax Parcel Numbers: 45245.9151
County Relerence: Plac No. P-1750-94
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SPOKANE COUNTY ENGINEER'S OFFICE
Spokane County, Washington
DRAINAGE DECLARATION OF COVENANTS
In considerarion of the approval by Spokane Counry ot Shelley Lake PLTD, 4"'{
Addition, hereinaRer referred to as the "plat", undersigned covenants and agrees that:
Spokane County and its authorized agents are hereby granted the right to ingress and egress to, over and from
all public drainage easements for the purposes of inspection and emergency maintenance of water quality
treatment swales, ponds, ditches, culverts and any otller drainage facilities, if not properly maintained by the
property owner(s) or the Shelley Lake Homeowners Associarion. Spokane County does not accept the
responsibility to inspect or maintain drainage facilities located outside of public rights-of-way. Neither does
Spokane County accept any liability for any failure by the property owmer(s) to properIy maintain such
facilities.
The property owner(s) within this plat shall be held responsible for keeping open and maintaining the surface
path of natural or man-made drainage flow over and across their respective properties. If the property owners
fail to maintain the surface path of natural or man-made drainage flow, or drainage facilities on privatc.~
properties, a norice of such tailure may be given to the property o%%rner(s). If not corrected within the perioci
indicated on said notice, Spokane County has the right to correct the ma:ntenancc failure, or have it correcteci,
at the expense of the property owner(s).
Spokane County does not accept the responsibility of maintaining the drainage course on pnvate lots or
floodplain areas within private lots, nor the responsibility for any damage whatsoever, including, but not
limited to, inverse condemnation to any properties due co deticient construction and,'or rr.aintenance of
drainage courses in drainagc casemc;nts un private propem'.
Any building that is constructcd an a lot in this plat shall be sc:t at SuCh ail elel'ation 5o as :u prot ide positive
drainage away from any drainage entry point to the building (including but not limited to a window well, a
window unproLected by a window well, or a doorway). Said positive drainage shall consist of a minimum
slope of 3% away from the building for a distance of at least 10 feet from the building. The lots shall be
graded so that either, a) all runoff is routed away firom the building and conveyed over the lot to a natural
drainage swale or approved drainage facility, or b) drainage intercepted on the lot is disposed of on the lot in
an approved drainage facility. All drainage facilities for this plat, including any water quality treahnent
swales, shall be constructed in accordance with the approved pians on tile at the Spokane County Engineer's
Office. Any proposed changes to the approved road and drainage plans must be approved by the Spokane
County Engineer's Office prior to construction of said changes.
There may exist properties located uphill and adjacent to this subdivision that periodically discharge
stormwater runoff onto individual lots within this plat. Stormwater runoff from nearby uphill properties should
be expected, and during snow melt periods or wet seasons the lots may be subjected to higher amounts of
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stormwater runoff than what is normally observed or anticipated. Because stormwater runoff from adjacent
properties have discharged onto this plat prior to development, stormwater runoff will likely continue to do so
after development.
The Shelley La.ke Homeowners Association, or ics successors in ►nterest, shall maintain the water qualitv
treatment swales and drainage facilities located in Tract A, Tract B, Tract C and Tract D, in conformance with
the approved plans on file at the Spokane Counry Engineer's Office. Maintenance of water quality swales and
drainage facilities includes, but is not limited to: maintenance of a permanent ground cover (live, native-type
dryland grasses or lawn turf, with optional shrubbery and/or trees which do not obswct the flow and
percolation of storm drainage water in the drainage swale as indicated by the approved plans) on all water
quality treatment swales and drainage ditches; removing and disposing of the soil and ground cover at such
time Spokane County deems necessary, and replacing the soil and ground cover; keeping open and cleaning
drywells, pipes, catch basins, ditches, drainage ponds and swales; and the replacement of drainage
struetures/facilities as needed. No sdvctures, including fences, shall be constructed directly over or within a
water qualiry treatment swale arithout the expressed written consent of the Spokane County Engineer.
Spokane County does not accept the responsibility to inspect and/or maintain these drainage facilities nor does
Spokane County accept any liabiliry for any failure by the lot owner(s) to properly maintain such facilities.
If Shelley Lake Homeow-ners Association, or their successors in mterest, fail to maintain the water qualiry
treatment swa]es and/or drainage facilities in Tract A, Tract B, Tract C and Tract D, in conformance with the
accepted drainage plan on file at the Spokane County Engineer's Office, the County Engineer may give a
norice of such failwe to the Shelley Lake Homeowners Association, or their successors in interest. If not
corrected within the period indicated on said notice, Spokane County has the right to correct the maintenance
failure, or have it corrected, at the expense of the Shelley Lake Homeowners Association, or their successors in
interest. The Shelley Lake Homeowners Association shall be responsible for payment of all claicils and
other liabilities that may become due for said maintenance responsibilities.
Should the Shellev Lake Homeowners Assuciation be terminated for any reason, the successors in interest
shall be the individual lot owners, or their successors in mterest, who are members of Shelley Lake
Homeowners Association at the time of said termination. The successors in interest shall share equally in the
responsibility and cost of maintaining said drainabe facilities.
This covenant and agreement shall run with the land in perpetuity, and shall be binding upon the owner, their
heirs, successors and assigns, including the oblibation to participate in the maintenance of the drainage
facilities as provided herein.
IN WITNESS JE REOF, the undersigned has caused this instrumc~nt to be executed on this ~ day of
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Grant C. Rice ~ z
State of VVashington %
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igi5 Counry of Spokane ) ~~~J Q1~
I cectify that I l.ztow or have satisfactory evidence that Grant C. Rice is the person %vha appeared before me, and said
person acknowledged that he signed this instrument and acknowledged ic co be his free and voluntary act for the uses
and pwposes mentioned in the instrument.
Dated 3 O"IS, '
Notar}, Public in a.ud for the State o- W hington.
My Appointment Expires: All 01
IN WITNESS VVHEREOF, the undersigned has caused this instrument to be executed on this t IF'Uday of '
,
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State of Washington ^ ~O%; aNH4rM -Ob
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cowicy or spokane ) = 4, ; ro
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On this ~ day of , 2007 , before me pe~saal ~~1 _'I SC'UTBE RO comc
known to be the individual described hcrein and who executed the N~~ ~e ~ ~n~udlent and
acknowledged that she signed the same as her free and voluntary act ~ purposes tl~erein
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mentioned. 0~-
Given under my hand and official seal the day and year last above written.
Dated 2~ ~ 3 ! 03 _
~ _ "~4~ ~
Notary Public in and
for the State of Washington.
My Appointrnent Expires: 4tl 9 to ~
SHELLEY LAKE HOMEDWNERS ASSOCI.ATION
A Washin n Corporati
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gy: ( itle)
State of Wastungton )
)ss
County of Spokane )
I certify that I know or have satis£actory evidence that ~e oi- f L. !-lt, 4-j~ n Z-~ is tiie person who appeared
bcfore me, and said person acknowledged that heJshe signed this '~unent, on oath stated that helshe was authoriud to
execute the insdnnnent and aclwowledged it as the l~itc.ot of SHELLEY LAKE HOMEOWNERS
ASSOCIATION to be the free and voluntary act of such party for the uses and purposes mentioned in tha insmmenc.
Dated 3 -
Notary Public in and
for the State of Washington.
My Appointment Expires:
,