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2001, 05-24 Drainage Declaration of Covenants111�II Ilfl{ AFTER RECORDING RETURN TO: Spokane CamtyPublic Works Development Engineering Sevices, 2n° Floor 1026 W. Broadway Ave Spokane, WA 99260-0170 II II III1 rnv II II Document Title: Drainage Declaration of Covenant Grantor. Randy!). Miitchell and DarleneL. lrfnchell and Michael D. Hume Granter. Spokane County and Longview Homeowners Association Abbreviated Legal Description: Section 19, Township 25 North, Range 45 East, Wit, Longview PUD Assessor's Tax Parcel Numbers: 55192.0305, 55I92.0306, 55192.0330, 55192.0322, 55192.0323 County Reference No. P-1870 I) III Pa e: 001 of11:11 VA m Rattailbra SPOKANE COUNTY ENGINEER'S OFFICE Spokane County, Washington DRAINAGE DECLARATION OF COVENANTS' In consideration of the approval by Spokane County of Longview PUD, hereinafter 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 other drainage facilities, if not properly maintained by the property owner(s) or the Longview Homeowners Association. Spokane County does not accept the responsibility to inspect or maintain drainage facilities located outside of public rights -of -way. Neither does Spolcane County accept any liability for any failure by the property owner(s) to properly 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 private properties, a notice of such failure may be given to the property owner(s). If not corrected within the period indicated on said notice, Spokane County has the right to coifed the maintenance failure, or have it corrected, at the expense of the property owner(s). Spokane County does not accept the responsibility of maintaining the drainage course on private 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 to deficient construction and/or maintenance of drainage courses in drainage easements on private property. Any building that is constructed on a lot in this plat shall be set at such an elevation so as to provide positive drainage away from any drainage entry point to the building (including but not limited to a window well, a window unprotected by a window well, or a doorway). Said positive drainage shall consist of a minimum slope of 3 % away from the building fora distance of at least 10 feet from the budding. The lots shall be graded so that either, a) all runoff is routed away from 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 treatment swales, shall be constructed in accordance with the approved plans on file 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 stormwater runoff than what is normally observed or anticipated Bet -Anse stormwater runoff from Page 1of 3 IIIIII IIIIIIII IIO7191145313A Kra a TAPP m tin m tnnQmc ra Wd adjacent properties have discharged onto this plat pnor to development, stonnwater nmoff will likely continue to do so after development. The property owner(s) in Lot 8, Block 3, within this plat, shall maintain all water quality treatment swales and drainage facilities located on or adjacent to their respective properties, including any portion of a water quality treatment swale situated in a public right-of-way adjacent to their respective properties, in conformance with the approved plans on file at the Spokane County Engineer's Office. The Longview Homeowners Association, or its successors in interest, shall maintain the water quality treatment swales and drainage facilities located in common areas and Tracts A, C, D, E and G, in conformance with the approved plans on file at the Spokane County 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 obstruct 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 structures/facilities as needed. No structures, including fences, shall be constructed directly over or within a water quality treatment swale without 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 liability for any failure by the lot owner(s) to properly maintain such facilities. If the property owner(s) in Lot 8, Block 3, within this plat fail to maintain the water quality treatment swales and/or drainage facilities located on or adjacent to their property, the Longview Homeowners Association shall be responsible for the proper maintenance of said water quality swales and/or drainage facilities. If Longview Homeowners Association, or their successors in interest, fail to maintain the water quality treatment swales and/or drainage facilities in either Lot 8, Block 3, or Tracts A, C, D, E and G, in conformance with the accepted drainage plan on file at the Spokane County Engineer's Office, the County Engineer may give a notice of such failure to the Longview 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 Longview Homeowners Association, or their successors in interest. The Longview Homeowners Association shall be responsible for payment of all claims and other liabilities that may become due for said maintenance responsibilities. Should the Longview Homeowners Association be terminated for any reason, the successors in interest shall be the individual lot owners, or their successors in interest, who are members of Longview Homeowners Association at the time of said termination. The successors in interest shall share equally in the responsibility and cost of maintaining said drainage 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 obligation to participate in the maintenance of the drainage facilities as provided herein. IN ' S WHEREOF, the }ndy eignyfl pas caused this instrument to be a ccuted on this -"/ day of 200 State of Washington County of Spokane )ss ) • I certify that I know or have satisfactory evidence that Randy D. Mltchell is the person w,ho appeared before me, and said person admowkdgcd that he signed this instrument and acknowledged it to be his frec and voluntary act for the uscs and proposes mentioned in the instrument Dated � y/G/ Notary tic in and for the State of Washington. My A ointment Expires: /D,/ 9,00' Page2of 3 �IIIIII I1IIIIIII II II III I IIII 1111 0611312001 �1L134 Mr MU Elil? mV CIA m ^�t,, etuPam rn Wt 1N W11&ESS WHEREOF, the undersigned has caused this instrument to be executed on thi <A1 day of 2001. Ovicaro (7` , kid Darlene L. Mitchell State of Washington County of Spokane )ss I certify that I kmow or have satisfactory evidence that Darlene L. htchell is the person who appeared before me, and said person acknowledged that she signed this instrument and aelmowledged it to be her free and voluntary act for the uses and purposes mentioned in the instrument Dated My A pointment Expires: /Uy c,f Notary 'blc in and for the State of Wach;n on v Arida Michael D. Hume State of Washington ) )ss County of Spokane ) I certify that I know or have satisfactory evidence that Michael D. Hume is the person who appeared before me, and said person acmowledged that he signed this instrument and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated 6//2/pf tert`�-"NpTAenSRt. S% !fie punt° :a: "AM tittO ,2 /fGv4tf� Notary Public in and for the State of Washington. My Appointment Expires: R,.2.5/7--2 Page of 9/3/2015 LONGVIEW P.U.D. OWNERS ASSOCIATION Detail Report - Corporations - WA Secretary of State LONGVIEW P.U.D. OWNERS ASSOCIATION UBI# 602095359 Status ACTIVE Category Regular Corporation Type Nonprofit State of Incorporation WA Expiration Date 01/312016 Filing Date 01/23/2001 Registered Agent Tom Hormel 17719 E 4TH GREENACRES, WA 99016 Governing Persons HORMEL, TOM GREENACRES, WA President Rider, Sheila GREENACRES, WA Secretary Saling, Ron SPOKANE VALLEY, WA Treasurer https://www.sos.wa.gov/corps/search-app.aspdf/detail/602095359 1/1