Road & Drainage Maint - 2001 Feb
DRAFT
ROAD AND DRAINAGE MAINTENANCE COVENANT
FOR SAFEWAY
THIS COVENANT is recorded in connection with the two lot Binding Site Plan Subdivision
division of the property described below and the shared use of the existing roadway and
drainage system to serve the parcels described The purpose of this Covenant shall be to
provide adequate funds for the repair and maintenance of the road and drainage system
described below for the continued use and benefit of the owners thereof This Covenant
touches and concerns the land and shall run with the land for as long as the roadway
described below is used to serve one or more of the lots described below
1. Owners.
The term "owner" shall mean any person holding beneficiary interest in a lot
described in paragraph 3 below or any subdivision thereof whether by deed, real estate
contract or other instrument evidencing the ownership of the lot.
2. Responsibility of Owners.
The owners of each lot or subdivision thereof shall designate a "Responsible
Owner" for purposes of administering the Covenant. The affirmative vote of 50 percent of the
owners of the lots described herein, or any subdivision thereof, shall be sufficient to designate
the responsible owner Until such time as 50% of the lots in the subdivision are sold, the
original subdivision owner(s) shall be the responsible owner, after which time the original
owner may call a meeting of the lot owners for the purpose of explaining the duties of the
"responsible owner" choosing a new "responsible owner" and giving them monies collected to
date together with any bank accounts and bank statements related to this matter
The "responsible owner" shall serve for a minimum of one year, after which he/she may
call lot owners together and designate a new "responsible owner" and assign maintenance
duties, monies and statements over to them at that time.
3. Property served by the Road and Drainage System and Subject to the
Terms of this Covenant.
NEW PARCEL B
THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST,
WILLAMETTE MERIIDAN, THURSTON COUNTY, LYING SOUTHERLY OF SR 507
(YELM AVENUE EAST) EXCEPTING THEREFROM THE WEST 150 FEET OF THE
NORTH 125 FEET OF THE SAID SOUTH 385 FEET AND ALSO EXCEPT THE
Prepared by AHR Engineers
02/07/01
DRAFT
SOUTH 231.12 FEET AS MEASURED AT RIGHT ANGLES TO THE SOUTH LINE OF
SAID PREMISES AND EXCEPTING THE WEST 30 FEET FOR VANCIL ROAD.
EXCEPT PARCEL A DESCRIBED AS.
BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507
(YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE
SOUTH 50043'10" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR 507, A
DISTANCE OF 641 80 FEET, TO THE TRUE POINT OF BEGINNING. THENCE
SOUTH 38038'15" WEST A DISTANCE OF 40.01 FEET, THENCE SOUTH 51007'04"
EAST FOR DISTANCE OF 62.08 FEET, THENCE SOUTH 01001'20" WEST A
DISTANCE OF 53.63 FEET, THENCE SOUTH 89000'11" EAST A DISTANCE OF
118.67 FEET, THENCE NORTH 01001'20" EAST A DISTANCE OF 11039 FEET TO
THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 (YELM AVENUE
EAST), THENCE NORTH 50043'10" WEST FOR A DISTANCE OF 182.46 FEET
ALONG THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 TO THE
POINT OF BEGINNING.
EXCEPT PARCEL C DESCRIBED AS:
BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF SR 507
(YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE
SOUTH 50043'10" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR 507 A
DISTANCE OF 294.58 FEET; THENCE SOUTH 39002'54" WEST A DISTANCE OF
105.71 FEET; THENCE NORTH 89000"12" WEST A DISTANCE OF 151.08 FEET TO
THE EAST BOUNDARY OF THE 30 FOOT RIGHT-OF-WAY ON VANCIL ROAD;
THENCE NORTH 00059'52" EAST ALONG THE EAST 30 FOOT RIGHT-OF-WAY OF
VANCIL ROAD A DISTANCE OF 106.01 FEET; THENCE NORTH 89033'39" WEST A
DISTANCE OF 15 FEET TO THE EAST BOUNDARY OF THE 15 FOOT RIGHT -OF-
WAY ALONG VANCIL ROAD THENCE NORTH 00059'53" EAST A DISTANCE OF
159.88 FEET ALONG THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF-WAY TO
THE POINT OF BEGINNING.
NEW PARCEL D:
THE SOUTH 231.12 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST
QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17
NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, THURSTON COUNTY. SAID
DISTANCE MEASURED AT RIGHT ANGLE TO THE SOUTH LINE OF SAID
PREMISES EXCEPT THE WEST 300 FEET MEASURED AT RIGHT ANGLES TO THE
WEST LINE OF THE SOUTH 135 FEET AND EXCEPTING THE WEST 30 FEET FOR
VANCIL ROAD.
The term "lots" shall also include each new lot which may be created by the further
division of property described above
Prepared by AHR Engineers
02/07/01
DRAFT
4 Roadway and drainage system to be covered by this Agreement.
That private road and drainage system existing in the easement area shown on the City of
Yelm Binding Site Plan Subdivision Lot Division filed together with this document recorded
under AF# , records of Thurston County Auditor, specifically
the road located between New Parcel B and Parcel D as described in Paragraph 3 of this
agreement.
5. Standards of Maintenance.
Maintenance shall include, but not be limited to, road surfacing, shoulders, cross
walks, gates, signs, storm drainage collection and retention facilities, and vegetation control.
The roadway shall be maintained in a safe condition consistent with the City of
Yelm standards for private roads. The "Full" or "Entire" surface of the roadway shall be
maintained so as to allow free and reasonable passage of such vehicular traffic as may be
reasonable and necessary in order that all parties may enjoy full and free use of the parcels of
real property affected hereby Where any question exists as to the standards to be applied,
the owners may obtain a recommendation from a licensed professional engineer whose written
recommendations may be followed in lieu of the standards identified above.
All service and repairs to the roadway and storm drainage system shall be
performed by licensed and bonded contractors for such work.
6. Maintenance Items and Proposed Schedule.
A. The storm drainage system relies on percolation into underlying gravel
soils for storm water dispersion. See Engineering Plans for details. It is imperative to provide
regular and preventive maintenance on the road and drainage system to attain operational
longevity as the system was designed and approved by the City of Yelm.
B Cleaning of catch basins at the east and west end of the private road as
required or a minimum of once annually
C Inspection of wet vault manhole structures and percolation trench system
annually Cleaning of the wet vault manhole structures as required or once every three years
minimum.
D Inspection of roadway for cracks, potholes, settlements, or other defects
as required or once per year minimum. Sealing of roadway cracks, pothole repairs, or other
roadway defects shall be repaired or replaced on an as-need basis
E. Oil/petroleum removal from wet vaults shall be done on an as-needed
basis if required from spills or incidents regarding petroleum products Oil may be skimmed for
Prepared by AHR Engineers
02/07/01
DRAFT
recovery or a licensed pumper truck may remove oily water as required to clear structures
upstream from retention/percolation trenches.
F Exceptions The Safeway #1619 roof storm retention trench is within the
road and drainage easement area but is to be fully maintained by Safeway, as Parcel liB"
property owner to the north. The water main and fire hydrants in the roadway area, which
benefit both Parcels "B" and "D", are to be maintained by the City of Yelm. Any other utility
such as cable TV, telephone, gas, and power shall be maintained separately by the benefiting
property owner and utility company Any repair work done to a utility in the road and drainage
area resulting in damage to any part of the road or drainage system shall be repaired
immediately and paid for by damaging party or benefiting property owner of said utility repairs
1. Funds.
A. Normal Expenses
Undeveloped Lots.
The owner of lot not developed by a permanent structure shall pay the
minimum sum of $250 00 per year to cover the owner's pro rata share of normal road and
drainage maintenance expenses. Said amount can be adjusted as required to meet pro rata
share of costs.
ii. Developed Lots.
The owner of each lot developed with any permanent structure shall pay
the minimum sum of $1,000 00 per year to cover the owner's pro rata share of normal road
and drainage maintenance expenses.
B. Extraordinary Use and Repairs.
The responsible owner may. at any time, assess additional charges for
emergency repairs or extraordinary repairs where approval of such charges is made in writing
by the owners of not less than X of the lots described in paragraph 3 If agreement
cannot be reached on the appropriate additional charge, the responsible owner may obtain
opinion of a licensed professional engineer to ascertain the amount of the extra assessment,
which opinion shall be binding on all parties.
C. Cost Sharina.
The cost of maintenance and repair of the jointly used roadway and
storm drainage system shall be shared equally by all parties and their heirs, executors.
administrators, agents, or assigns who use said facility
8. Collections and Expenditures.
Prepared by AHR Engineers
02/07/01
DRAFT
The responsible owner shall have the authority to collect funds as provided
herein and to contract for purposes of accomplishing the provisions of this Covenant. In so
acting, said owner shall be acting on behalf of all owners for the limited purposes described
herein
9. Changes.
The owners shall annually review the charges set forth herein and may change
the charges specified herein. An affirmative vote of 60 percent of the property owners of the
lots described herein shall be sufficient to effect a change in the rates Any other changes to
this Covenant shall be approved in writing and signed by the owners of record of 66
percent! 75 percent (check one) of the owners of the lots described herein.
10. Removal or Additions.
A. Removal.
Any lot may be removed from the requirements of this Covenant by
recording a declaration that said lot shall not gain any access by reason of the above-
described roadway, but not otherwise
B. Additions.
Property in addition to that described in paragraph 3 and roads in
addition to that described in paragraph 4 may be added to this Covenant by the affirmative
action, in writing of 66-213 percent! 75 percent (check one) of the owners
of record of the lots described in paragraph 3.
11. Administration.
The responsible owner shall be authorized to open and maintain bank accounts
and engage the services of licensed professionals to assist in the administration of this
Covenant. In the event funds are not paid when due, said owner may maintain an action to
collect the funds and shall be entitled to costs and a reasonable attorney's fee upon recovery
All costs incurred by the owner shall be charged to the account described above
12. Continuing Obligation.
The Covenants herein are necessary for the full use and enjoyment of the
property described herein and shall be binding upon all owners, their heirs, successors or
assigns.
In the event any property changes hands, the new owner shall be responsible
for all past due charges outstanding against the lot at the time of transfer
Prepared by AHR Engineers
02/07/01
b
DRAFT
SIGNED THIS
day of
,20
(To be signed by all owners of record of property
described in paragraph 3 )
STATE OF WASHINGTON )
) ss.
County of )
On this day personally appeared before me ,
to me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that signed the same as free and
voluntary act and deed, for the uses and purposes therein mentioned
GIVEN under my hand and official seal this
day of
,20
NOTARY PUBLIC in and for the State of
Washington, residing at
Print Name
My Commission Expires.
Prepared by AHR Engineers
02/07/01