Loading...
Hard File ScannedCity of Yelm Invoice No. CDD-02-046 Community Development Department INVOICE - - Customer Name C&S Development Address P.O. Box 468 City McKenna State WA ZIP 98558 Phone 360-458-6804 Date 4/1/02 Order No. BLA-02-8305-YL Rep Mill Circle FOB Lots 12,13,16,17 Qty Description Unit Price TOTAL 1 Boundary Line Adjustment County Recording Fees $73.00 $73.00 SubTotal $73.00 Payment Details Shipping & Handling $0.00 O Cash Taxes WA O Check O TOTAL $73.00 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YOU -.. ,,,.~ { ~` FFCEIFr n 150632 r~;lasraN Gear~r~ -, auciroK "i G L Yr~i F IA, W A. rnafi CiiY GF YEL~i •- FILE 1dG.. 3~22334r # Pq_ ip Du_s Dt!°1 DECLA~€iTIG4 GDCuNEi~T rEEc ` lB,pp rIL"t NG.: 34223a'S -~ # Fn_ DCi.: t y! Ati? EDU~iCARY Like" aC.; ¢ r, 'U'i~hE! 7A VUEjhti~r rEE: yj, pp raTAl Oe'FEKKEG rEE ----- 73, pp TC:TaL ;;~a C;yAKGE =EE -----~ p.30 r~irAL KECaKDING FEE -----. ;3,pG A^iCUkr ;Che:_r) S:ECcIVEO --- ' ~ _p, pp AfDUNT iCa_r~) kEreiVED ---- p,~p Ar~GUeir iti.a, i KECEIVED ----- p, pp A~=iGUNT ~uthrr-; KECEIVED ---- p, pp CHANGE --------". x1,v ~~~ KECEiF'T €?M eturn Address ity of Yelm athie Carlson 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakwood Homes 2. Michael and Julienne Dimmick Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 1/4 of the NE 1/4 of Section 25, Township 17N, Range 1 East Assessor's Property Tax Parcel/Account Number: 62310001200,62310001300,62310001600, & 62310001700 ~-'~ THIS SKETCH IS ATTACHED TO ORDER NO.: ~b O,~ y ~Z"~ ~~ (~'!LlL~al7l ®!r G~OIL~ c~0l,~icC'~!B ~'~TGI ~~ ,1 PORTION OF THE SEl;''s OF THE .VEl; s Of _°ECTION 25, TO NT'SHIP 17 NORTH. Rd NG CfTY OF TELN THURSTGY COC;YT' TRACT "B" I~ 0 4 3 2 0 1 ,~ TRACT '~A" .,a...~p? ,a .a,. a ~ 29 = - 28 F s 27 ~ 26 = 25 © ~= O ~e ~ ~' O 8= M.., ~ - i:w .o u :...n,r.....:, ~~ v ~ DEDfCdT 7 8 x a 9 t o 10 a/ a tECr: -~ 0 8= - 0 8= o ~= , ,~, 19 0 s - 0 ~__ .u ~ i 20 . __ _____ ' ____~ ~ DEmcareD To Pcaic cse 0 ' Y ~..e 11 18 a9 21 ~ ~ x ~ - ; w . -, .. m „o_. _ _ o o ~' 12 17 °v s 22 ' a -`a - :~. MIS x .. , „-~ F a' 13 16 23 - n. o c s - _.a ,.., ,~.., 14 15 ' 24 e , $ _ o - , ~ ~/ ' -~ ~ .. ..,, „ ~ - 4 ,;a a . ~•' ` -- S'• .r . ,,.R, , > , ory a.:~ GSOrh3 xc+ ~ n ~ ew.o... a...a .w .. x.. oa.... i i THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, AND IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS, OR LOCATION OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTERS RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER PARTICULARS. - eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment; BLA-02-8305-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakwood Homes 2. Michael and Julienne Dimmick 3. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 1/4 of the NE 1/4 of Section 25, Township 17 N, Range 1 East Assessor's Property Tax Parcel/Account Number: 62310001200,62310001300,62310001600, & 62310001700 .~, ~ DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number D,~ - R"3©.S -'/ L , on the ~ I ~ day of ~ b ~_,.~,~ by the Planning Department, subject to the following covenants and conditio s: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. r~~ .--^ DATED this 23 day of ~ ~~ k ~~ ~, , 19 ~~~ Grantor Grantor Gr cr Grart:,i 34223 P~~e ~ `34 10 nor ~~~ ar, ThurstanbC~11WR6R STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me~ ..r' ~ ~Y` i 1~: ~~ 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. 1 ~ ~ ~" GIVEN under my hand and official seal this `7 day of ~?,~~(~ 1L,t~..._ '~`~ ~: `C~. y r ~' a'~~j~10TAf~ y~9 Z :~ m . d : U ~y..,-,,»,-.~ to I '9, • Y ~ •. ' lJ[S~I~i ~~~~,°~'~~~AS~~ STATE OF WASHING~(d`j~~ ss. COUNTY OF THURSTON ) NOTARY PUBLIC in anc /1Washington residing at _ the State ee~~ c> ~ l ~ ~~ l vs-. On this day personally appeared before me ~ ~~~E ~ ~~~ ~ ~ ~ ~w,2 ` ~~ f~,JY~i ~. `~ to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that Y,~ signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. t~h GIVEN under my hand and official seal this day of ~C-l~ r- Q~~ -,,w, '~ ~, . • ; .. : •~~~ _ ,~, O tJd for t / ' ;. ~~ P11E311~ NOTARY PUBLIC in a the State o ~~ ~~~ ~f~~/]'\•~(/.y~~ t ~ ~il~as~h~i~ngton residding a~Jt^ ~/ ~~ ,, r (`/ ~ . _ , ~, fj', ~I' ~j l~~ r,~ ~.tiS i~ ~Jr1~ `/L~~~S~ ~1 (/~/\ C.- /L ~ \ { ~1~~ ~ ~ r"/ ~~ AUDI'1`a'R'S'~ERTIFICATE File for record at the request of this day of , 19_, at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy INIVIVhIVIU~NNIIIIM~IM~IIIIWIIINIVI ~~ ~"~~F "'~::. TRANSNATION Oakwood Homes 9607 S. Tacoma Way Tacoma, WA 98499 RE: Order No.: T-3-10024725 Liability: $ 300.00 Charge: $ 300.00 Tax: $ 24.00 Total: $ 324.00 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES OAKWOOD HOMES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March 01, 2002 Transnation Title Insurance Company 3905 Martin Way East, Suite A, Olympia, WA 98506 Phone: 360-459-8800 Fax: 360-459-3193 ,.,,,,oo ....~.• ~u~~~~~~~~u~~u~~~~~~~~~uIIIIYI~II~~~I~l~~l~~l aN.~:=<~a IIIII IIIII IIIII 111111 IIII IIII IIIIIIII III IIIII 1111 IIII as ~~b;'~ae~ i i ~ asR ncr $tR as Thurston Co, WR Authorized Signature Order No.: 10024725 SCHEDULE A 1. Name of Assured: Oakwood Homes 2. Date of Guarantee: March 01, 2002 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Michael Dimmick and Julienne Dimmick, husband and wife, as to Lot 12 and Oakwood Mobile Homes, Inc., a North Carolina corporation, as to Lot 13 c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 Subdivision Guarantee 3422334 Fage~ 5 of 10 03!~6!~00~ 11~36A nFf' !1R AA Thurston Co, WA Order No.: 10024725 4. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 5. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 Subdivision Guarantee I~III~IIVII~VIIII~~III~VII~N~NIIn~ }~~y~"..,,. Order No.: 10024725 6. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 7. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001600 Year Amount Billed Amount Paid Amount Due 2002 $ 403.25 $0.00 $403.25 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 16 8. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001700 Year Amount Billed Amount Paid Amount Due 2002 $ 403.25 $0.00 $403.25 2001 $425.84 $212.92 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 17 9. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. 3422334 Subdivision Guarantee 0~~c~r2004o 1 ~fiR nFr. ~iR A6 Thurston Order No.: 10024725 10. ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY MILL CIRCLE COMMUNITY ASSOCIATION. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SHORT SUBDIVISION NO. SS-8155, AS RECORDED UNDER RECORDING NO'S. 9509270176 AND 9509270177. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 12. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1, 1996 RECORDING NO.: 3016733 REGARDING: Payment by developer to YELM COMMUNITY SCHOOL DISTRICT NO. 2 in order to mitigate the impact on the school district of additional students which will be generated by the subdivision described herein. Thurston County will not issue a building permit for any lot without proof of payment of the sums required under said agreement. 13. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MILL CIRCLE ESTATES, AS RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856. RIGHTS OR BENEFITS, if any, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 14. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151857 REGARDING: STORMWATER FACILITY MAINTENANCE AGREEMENT 15. WARRANTY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151858 REGARDING: IMPROVEMENTS 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: BILL OF SALE RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151859 PURPOSE: WATER MAINS AREA AFFECTED: A PORTION OF SAID PREMISES Subdivision Guarantee 3422334 Pa~e~ 8 of 10 03?~6;'~N@~ 11 ~ 36H nFr gtR AA Thurston L'~, WA Order No.: 10024725 17. Covenants, conditions and restrictions imposed by instrument recorded on MAY 6, 1998, under Recording No. 3151861, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. 18 19. 20. 21 Provisions contained in the Articles of Incorporation and Bylaws of MILL CIRCLE COMMUNITY ASSOCIATION recorded May 6, 1998, under Recording No. 3151862. DECLARATION OF LIENS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: MAY 6, 1998 3151863 A LIEN IN LIEU OF OPEN SPACE IMPOSED IN THE AMOUNT OF $549.38 AGAINST EACH LOT IN FAVOR OF THE CITY OF YELM, WASHINGTON ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 3, 1998 RECORDING NO.: 3176833 REGARDING: ORDINANCE #607 -UTILITY LOCAL IMPROVEMENT DISTRICT (ULID) DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MICHAEL DIMMICK AND JULIENNE DIMMICK TRUSTEE: TRANSNATION TITLE BENEFICIARY: OAKWOOD ACCEPTANCE CORPORATION, LLC ORIGINAL AMOUNT: $166,633.10 DATED: FEBRUARY 15, 2002 RECORDED: FEBRUARY 26, 2002 RECORDING NO.: 3415029 AFFECTS: LOT 12 22. The manufactured home, if any located on the land described in Exhibit "A" herein is not classified as real estate pursuant to RCW 65.20 and is expressly excluded from the coverage of this guarantee. cb Subdivision Guarantee 3422334 Pa~e~ 9 ~t 16 d°?~~;~'~0N2 11 ~ 3fiii nFf' t1R AA Thurston La, WF Order No.: 10024725 EXHIBIT A LEGAL DESCRIPTION: LOTS 12, 13, 16 AND 17 OF THE PLAT OF MILL CIRCLE ESTATES, AS PER PLAT RECORDED MAY 6, 1998 UNDER RECORDING N0. 3151856, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. 3422334 Fage~ 10 of 16 03r~tF~00c 11~3fiA r~Er. ~t8 A0 Thurs~~n Go, WA 3L/-~~~yaa 335- b 0 H ~ N O O 0 0 0 0 N O O 0 0 00 M ~~ o Y b He 3 N y ~+° ~y ~ N fi ~S >~ h ~ y O x ~o. II V 4 cy6 y C ~ n q~ y~ A h b b C ~ H b w N V n ~y U ~~~~" ~ ~~g~~ ~-. as. a ~~~> ~' ~~y~~ o ~ ° `sJ ~y~~~ ~s~~~ ~ m~~" y. N ltl~b ~g~ '" ~xn ~ ~~~ ~ ~~~ o~ ~~ b P~ m mw V ~ s H I --~f I I I I I _ I I y ~~ n. 4 U i G _ ,,. I I I l I I ~ I I \ ' . -~ _ { :~ '1 ~ i I / I ] / ] / ] ----_~\ ] ] ~I .I~~~ „1.P~~ ~ 107TH LOOP SE ] _ `. / ~ 5 00'46'47 W ~ ~ \~ / .. r~-__ 166.18 __~~~ ~ / -T / ~ ~ / . - , / / / 1 ~o. ~ oX~F oy yG I I -100 q~?OO I7 Ip D7 o~ nm'ti z im m a ,°a ° ~q _ '~O~mA o u n I ~ o~_m I "~ ~s I -I-> ~tn o m ~g I O~ 2 I I 1 ~ / V \ \~ // ]7.00 77.00 \ I o_n ~ \ I \ ~ kn m A i h ~ l m u ~"~ m 4 ~ ``' ` o b ° ~ oz ° i -_s b f o o w ° ~ I G. . I I 1 ti I y C+7 I I b i I ~ I r N 00'46'4]' E i N 00'46'47" E I 1j ~------` Q 7a.oo 7zo0 I T I 2 m N I I I I '-s ~, F o l m z ~ - 1 \ m a ~ ~ ~ ~ \ \ \ G N y ~ I q V C ~ m e ~ m c: ~ n \ \ \ p A D 11 ~ ~ p ..• II A II ~ V ~ \ \ \ 4 (n "y lvil m V I p ~ Ib A \ \ \ , Jl ~ ow \ ~~ °o ~ e \ C~ a~os. ~ \ _i ~Z BC ~ I v SOVJ. O or X ° _ ~, . a N ~~ \ v /~ ~~3: '/ ~K: ~ ---- S d0p~1 ,~ -Y--- -- '~~ // \ ~~r~ I I ~~ ___J ] ~~f-,_ _ I I I ~ ,r.. / I - _-_-i--_ ~ I I I ~.:.4, ~ I I I I I . n~..:oA / I I I I I .n / i I I s~ I I p~i~ 3 m X lr~" ZOO m X Cr~ ZO Y Cr1. O ZOO y Crh O ZOO 1y G1 Cr'O1 20N C1'A 20N G"~ 20N Cr'~+ ZON -1 O A O O CI OYy (l OYy n OYy G) OY'y ~ 0'1w O-1 (J m-.` 41 0 IY-1 y y AWb ~ Am(t ~ AvW yy ANA ~ A~~ Amy AtwQ ANA O ti^1 Z ~ D F A A A nA A DA ~y°~ cAO~ COOM CA ~ 41 m~ 1 ~ ~ ~ -i y0 -10 -10 Z 2 OY 2 O ~ OY OY ~ 0 O ~ x A x AO 1~ 00 0 ~ N O A AO ~l O A AO ~ ~ AO ~ AO ~ ~ AO m AO m O ~~ ~~ mT O 0 m; ~ m; m m; mm~ ~ mi mS m; m3 ~ ; m n m I I -------7 I I I I ~ I l a_I I I I i ~~ y ~~o O ,b I o C" a 7 p D n ~~ ni Z 1~y Y Iti 22 Dn I m ~1} 1 I I I I I T--- I I I I I I I I ~.- I \ \ Sys ~+~j ` \ COPY REQUEST' IFORIvI Person Requesting: f ~1 Date Requested: 3 ~- Daytime Phone: -~ _ L ~ ~_ ~>~_ Deputy Requesting: DOCUMENT TYPE /.VOLUME/ PAGE/'AF NUMBER TOTALS ~1 ~ - ~~ ~-~ C''S"- ~ ~ ~ f}~- ~ • ..................................... Total Foes ....................................... Plotter: Bltieline: 8'/zXll: 11X17: Certified: Paid: Due: No Fee: Bill: Receipt Number: Mail: Pick-up: Drop Box: Fax: Fax Number; © Mailing Address: (z~. .` ~ ', y ~ ~ f'G') --~_` lx ~~ _r Ordered Mylar from at R.C. Date: Time: Deputy: DATE TIME DEPUTY ACTION TAKEN' Copies Completed By:(aepmy~s inhiz~s) Date: Mailed By:(acpocy•s IofGa~s> Date: Copies Pecked Up By: (pent name) Date: ,. ~~~ ~~ CITY OF YELM DEFERRED DOCUMENT RECORDING COVER SHEET _~ DATE: ~ ` S (`<~ Name ~<E ~~ ~~~~~~~ VVl((-b\ Signature: C~ . ~ % ~ -~~'~ Ill Phone: ~~1a0 - ~/~~ w'~!`~li~ **PLEASE LIMIT BATCHES TO 20 DOCUMENTS** (Include a separate cover sheet for each hatch) TYPE OF bOCUMENT ~1~CC ~C~~~R ~ ;l`~1 ~:~- r 10. ~, 17. 18. T9` BATCH OF >AGES ~ FEE S 5 S s s S S S $.~ S $ .~ 5 S S 5 5 S TOTAL: $ IFOR AUDITOR'S USE ONLY) RECORDING: S eturn Address ity of Yelm athie Carlson O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. 3. Ret'erence Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakwood Homes 2. Michael and Julienne Dimmick Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 1/4 of the NE 1/4 of Section 25, Township 17N, Range 1 East Assessor's Property Tax Parcel/Account Number: 62310001200,62310001300,62310001600, & 62310001700 TRANSNATION Oakwood Homes 9607 S. Tacoma Way Tacoma, WA 98499 RE Order No.: T-3-10024725 Liability: $ 300.00 Charge: $ 300.00 Tax: $ 24.00 Total: $ 324.00 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES OAKWOOD HOMES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March O1, 2002 Tr:utsnation Tidc Insnuncc Company 3905 Martin Way Enst, Suite A, Olympia, WA 98506 Phone: 360-459-5800 Fax: 360-459-3193 Subdivision Guarantee WA.12.11.00 Page 1 of 7 Authorized Signature Order No.: 10024725 SCHEDULER 1. Name of Assured: Oakwood Homes 2. Date of Guarantee: March O1, 2002 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Michael Dimmick and Julienne Dimmick, husband and wife, as to Lot 12 and Oakwood Mobile Homes, Inc., a North Carolina corporation, as to Lot 13 c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 Subdivision Guarantee Page 2 of 7 Order Na,: 10024725 4. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (ist half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 5. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 Subdivision Guarantee Page 3 of 7 Order NO.: 10024725 6. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 7. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001600 Year Amount Billed Amount Paid Amount Due 2002 $ 403.25 $0.00 $403.25 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 16 8. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax AccountNo.: 62310001700 Year Amount Billed Amount Paid Amount Due 2002 $ 403.25 $0.00 $403.25 2001 $425.84 $212.92 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 17 9. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. Subdivision Guarantee Page 4 of 7 Order No.: 10024725 10. ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY MILL CIRCLE COMMUNITY ASSOCIATION. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SHORT SUBDIVISION NO. SS-8155, AS RECORDED UNDER RECORDING NO'S. 9509270176 AND 9509270177. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 12. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1, 1996 RECORDING NO.: 3016733 REGARDING: Payment by developer to YELM COMMUNITY SCHOOL DISTRICT NO. 2 in order to mitigate the impact on the school district of additional students which will be generated by the subdivision described herein. Thurston County will not issue a building permit for any lot without proof of payment of the sums required under said agreement. 13. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MILL CIRCLE ESTATES, AS RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856. RIGHTS OR BENEFITS, if any, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 14. 15 16 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151857 REGARDING: STORMWATER FACILITY MAINTENANCE AGREEMENT WARRANTY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: MAY 6, 1998 3151858 IMPROVEMENTS EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: PURPOSE: AREA AFFECTED: BILL OF SALE RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151859 WATER MAINS A PORTION OF SAID PREMISES Subdivision Guarantee Page 5 of 7 Order No.: 10024725 17. Covenants, conditions and restrictions imposed by instrument recorded on MAY 6, 1998, under Recording No. 3151861, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. 18. Provisions contained in the Articles of Incorporation and Bylaws of MILL CIRCLE COMMUNITY ASSOCIATION recorded May 6, 1998, under Recording No. 3151862. 19. DECLARATION OF LIENS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151863 REGARDING: ALIEN IN LIEU OF OPEN SPACE IMPOSED IN THE AMOUNT OF $549.38 AGAINST EACH LOT IN FAVOR OF THE CITY OF YELM, WASHINGTON 20. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 3,1998 RECORDING NO.: 3176833 REGARDING: ORDINANCE #607 -UTILITY LOCAL IMPROVEMENT DISTRICT (ULID) 21. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MICHAEL DIMMICK AND JULIENNE DIMMICK TRUSTEE: TRANSNATION TITLE BENEFICIARY: OAKWOOD ACCEPTANCE CORPORATION, LLC ORIGINAL AMOUNT: $166,633.10 DATED: FEBRUARY 15, 2002 RECORDED: FEBRUARY 26,2002 RECORDING NO.: 3415029 AFFECTS: LOT 12 22. The manufactured home, if any located on the land described in Exhibit "A" herein is not classified as real estate pursuant to RCW 65.20 and is expressly excluded from the coverage of this guarantee. cb Subdivision Guarantee Page 6 of 7 Order Na.: 10024725 EXHIBIT A LEGAL DESCRIPTION: LOTS 12, 13, 16 AND 17 OF THE PLAT OF MILL CIRCLE ESTATES, AS PER PLAT RECORDED MAY 6, 1998 UNDER RECORDING N0. 3151856, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. __ ~~ THIS SKETCH JS ATTACHED TO ORDER NO.: ~d ~~ `~ ~,2,~ (P~1LGI Zl ®!~ L}u702~ ¢:OG~C~IL~ lE~7TL171L~~ d PORTION OF THE SEI;'1 OF THE .VEl; 1 OF SECTION 25, TO IYA'SHIP 17 :NORTH RANG CITY OF }"ELLf THURSTC,V CD OW T' TRACT "'B"' ~ 107C s you .m.n vin ] / :.o a-.• .am ,ow ~~..--x':17: - s _ ~, i 6 _° -- a o ,[.o 0 5s a 4 T"~ - 3 ,2 1 »~L_ -~----- ~ --°',' ---- --s DEDICATED TO PUBLIC USE iS ,] _____ ___-.P r - ' Il = 18 ° 9 P - ~ .~ x - a a: i2 17 ,, b9 _ - 0 ' '~ O I ~ _ ~ N. a ' th; i ,,,~ n a ~ _ ~ a l 9 ~_~ ,]~, ~' % ~~> '~ 14 15 - a ~. ~ ~/ - ~' -'-------L - ---_ / TRACT "A•. `'- ______ ______. 0 fi o ~ a e ~ a s 0 8 ... ].. ~s.n .. i 25 T~ 20' GD 22 C, 23 0 m1:] 24 c :-.~E . ~Pe~° ~ J 33 .. ~.':~_.~ ~1 u.. iw¢ W[[ i Y l yp+av ~y usoa~rs WLT ] n ] wvw... cwna "w __ ~ _ THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, AND IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS, OR LOCATION OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTERS RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER PARTICULARS. urn Address ~ of Yelm ni Merriman Box 479 m, WA 98597 Document title(s) (or transactions contained therein): L. Boundary Line Adjustment; BLA-02-8305-YL 3. Keference Number(s) of Documents assigned or released: (on page of doeuments(s)) Grantor(s) (Last name, first name, middle initial) L Oakwood Homes 2. Michael and Julienne Dimmick 3. Grantee(s) (Last name, erst name, middle initial) L The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) SE 1/4 of the NE 1/4 of Section 25, Township 17 N, Range 1 East Assessor's Property Tax Parcel/Account Number: 62310001200,62310001300,62310001600, & 62310001700 DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Bounda Line Adjustment Number ~~,'~? - X 3v,~ ~ ~~/ ~-- , on the ~ I ~"" day of (Y ~}2C,4 ,-~'' T by the Planning Department, subject to the following covenants and conditio s: 1. That all subsequent deeds will contain provisions for private roads in the manner described herein. 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of--way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this ~~ day of __ ~ ~c I'1 tc Gar ~~ , 19 ~~~c~~ Grantor Grantor Grantoi ~ ~ /'~ , Grp cr STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~~ ~~c ,+~ C tivt~i ~~~ r~~~ 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. ~ ~~ ~~ ~ ~~ r ..• GIVEN under my hand and official seal this `~ day of - ~'- ~~ti' ; ''~ «~ .._ ,-- (`'~°!~ ~.~.~~~ v C10TARy m'; i .U ~~ ~~ / ' Pt1Bl_IC 'Vial ~~ • ~ 19-~5 • :/ STATE OF WASHING~1`bfd`j~~ ss. COUNTY OF THURSTON ) NOTARY PUBLIC in any Washington residing at . /, On this day personally appeared before me ~~~~L~t~rf~. ~ ~~'-~~n `~ ~ Y~Y~t~ \ ~~ t~r~~Y~i C ~L to me known to be the individualsdescribed in and who executed the within and foregoing instrument, and acknowledged that ~ -r~ signed the same as ~ ~r ~:;~r" free and voluntary act and deed, for the uses and purposes therein mentioned. th GIVEN under my hand and official seal this ' ~ day of ~ 1C',l (C~~ .--~ (_~~c~ .L~. ~ _..ea~~ A~ _ 3, .4; ~-~~ R, IUI~R,~~~a~4 i ~, ;,~, i ~ • ~.• 1~ ?0 '`tit i ~ r~~.` ~'~+~ ~'~ ; p'~~~~0 fart / ;~ ~ ,, ~~ •. pUf31_IG NOTARY PUBLIC in a the State o 11 ' ~i N), ~, • ~ ~111ashington residing at - r ~~~ . u.:~f~ ,~~ y~, {z ,, ~. (l ~ ~ ~ ~ ,~ .t•.,-' . ~ t'-CNV~Y~I<~.~~ v ~1v~ ~. _ X ~ ~ r~ U'7 F' r- / (~.~ ~~~OFt„~p,~ ~ ~. AU RTIFICATE File for record at the. request of this day of , 19_, at minutes past o'clock _.m., and recorded in Volume pf Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy TRANSNATIQN March 07, 2002 Oakwood Homes 9607 S. Tacoma Way Tacoma, WA 98499 Re: Order No.: T-3-10024725 Title Officer: Phyllis Kroger Buyer/Borrower(s): Subject Property: Order Summary Thank you for placing this order with Transnation Title Insurance Company. If you need assistance on this file, please contact: For TITLE assistance, please contact: Phyllis Kroger, Title Officer pkroger@Landam.com Marcy Mobley, Title Assistant mmobley@Landam.com .Phone: (360) 459-2331 Fax: (360)493-2236 If you need ESCROW assistance, please call (360) 459-8800. Additional copies have been sent to: Transnation Title Inanrance Company 3905 M:ntu~ Way East, Suited, Olyiupiu, WA 98506 Phone: 360-459-8800 Fax: 360-459-3193 Cover Page wn.ae.oi.ao tssueu aY TRANSNATION TITLP INSIIRANCG COMPANY ~~- Transnation A LANDAMfIUC.4 COt+d'ANY GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, TRANSNATION TITLE INSURANCE COMPANY, a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers, the Guarantee to become valid when countersigned by an authorized officer or agent of the Company. TRANSNATION TITLE INSURANCE COMPANY ~~ Attest: ~ ~a~, ~ ~~~,,,Q, Secretary \0~1~~1E I MSUg4yf F ^ 3U'}- z s' By: stir. Ia nv1 ~r s ARIZONA President CLTA Guarantee Face Page (Rev. 12-15-95) Form 1025-14 ORIGINAL TRANSNATION Oakwood Homes 9607 S. Tacoma Way Tacoma, WA 98499 RE: Order No.: T-3-10024725 Liability: $ 300.00 Charge: $ 300.00 Tax: $ 24.00 Total: $ 324.00 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES OAKWOOD HOMES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March O1, 2002 r~~~~~~, sy Authorized Signature Transnatiun Tide Insurance Company 3905 Martin Way East, Suite A, OLlrtupia, WA 9ffi06 Phouc: 3G0-459-8300 Fax: 3G0-459-3193 Subdivision Guarantee Page 1 of 6 wa.tz.it.oa Order No.: 10024725 SCHEDULE A 1. Name of Assured: Oakwood Homes 2. Date of Guarantee: March O1, 2002 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Michael Dimmick and Julienne Dimmick, husband and wife, as to Lot 12 and Oakwood Mobile Homes, Inc., a North Carolina corporation, as to Lot 13 c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 Subdivision Guarantee Page 2 of 6 Order No.: 10024725 4. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 5. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 6. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 7. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. Subdivision Guarantee - Page 3 of 6 Order NO.: 10024725 ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY MILL CIRCLE COMMUNITY ASSOCIATION. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SHORT SUBDIVISION NO. SS-8155, AS RECORDED UNDER RECORDING NO'S. 9509270176 AND 9509270177. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 10. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1,1996 RECORDING NO.: 3016733 REGARDING: Payment by developer to YELM COMMUNITY SCHOOL DISTRICT NO. 2 in order to mitigate the impact on the school district of additional students which will be generated by the subdivision described herein. Thurston County will not issue a building permit for any lot without proof of payment of the sums required under said agreement. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MILL CIRCLE ESTATES, AS RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856. RIGHTS OR BENEFITS, if any, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 12. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151857 REGARDING: STORMWATER FACILITY MAINTENANCE AGREEMENT 13. WARRANTY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED: MAY 6, 1998 RECORDING NO.: 3151858 REGARDING: IMPROVEMENTS 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: BILL OF SALE RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151859 PURPOSE: WATER MAINS AREA AFFECTED: A PORTION OF SAID PREMISES Subdivision Guarantee Page 4 of 6 Order No.: 10024725 15. Covenants, conditions and restrictions imposed by instrument recorded on MAY 6, 1998, under Recording No. 3151861, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. 16. Provisions contained in the Articles of Incorporation and Bylaws of MILL CIRCLE COMMUNITY ASSOCIATION recorded May 6, 1998, under Recording No. 3151862. 17. DECLARATION OF LIENS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: MAY 6, 1998 3151863 A LIEN IN LIEU OF OPEN SPACE IMPOSED IN THE AMOUNT OF $549.38 AGAINST EACH LOT IN FAVOR OF THE CITY OF YELM, WASHINGTON 18. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 3, 1998 RECORDING NO.: 3176833 REGARDING: ORDINANCE #607 -UTILITY LOCAL IMPROVEMENT DISTRICT(ULID) 19. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MICHAEL DIMMICK AND JULIENNE DIMMICK TRUSTEE: TRANSNATION TITLE BENEFICIARY: OAKWOOD ACCEPTANCE CORPORATION, LLC ORIGINAL AMOUNT: $166,633.10 DATED: FEBRUARY 15, 2002 RECORDED: FEBRUARY 26,2002 RECORDING NO.: 3415029 AFFECTS: LOT 12 20. The manufactured home, if any located on the land described in Exhibit "A" herein is not classified as real estate pursuant to RCW 65.20 and is expressly excluded from the coverage . of this guarantee. cb Subdivision Guarantee Page 5 of 6 Order No.: 10024725 EXHIBIT A LEGAL DESCRIPTION: LOTS 12 AND 13 OF THE PLAT OF MILL CIRCLE ESTATES, AS PER PLAT RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. TH1S SKETCH /S ATTACHED TO ORDER NO.: /~ ~'~ ~~ ~Z ~0_lal ~ ®/r ct'~'JOQ.~ CC'0lRIC~~lE' !E'~TG^J ~~ .4 PORTION OF THE SEl;'1 OF THE NEI/1 OF _°ECTiON 25, TO {IT'SHIP 17 .YORTK RdA'G C1T}' OF YELN THURSTO.V COUNT'. .;,. ._..„ _.. , ._. _._. .,.: TRACT ..8..: 107: ~]~ va .<, . _ IIr .ate _~___ ] MCe ] °a ' _ ~ =b ~\ : esa.S] •0 OJ 5 fe,]]] ~ DeDrcar :5. / '' :; u ' o ,<. j , 0 0 r , r -.n~~ usna.., u : 5 ___ _~- . . < u ~ r . e _-_'~<_-_- 20 '~" ~ l mss DEDIC.3TED TO PL'BUCe USE i .~,,, i , y a 4 11 9 18 21 ` _ P ~ ~ x - - ~ a 9 ~ a' ~'' 12 ~'' b~~9 17 22 ° ~ - , ~ I ' ~ a 13 16 ::; 23 a 2 la ' ' . o c~ ~ r o o , ve..v ~u ]e a 9 ~~~ ]]oa . I I 14 15 ~ ' 24 = 1 "' \ o / , „ e o , ~ ~ - ~/ - ' - ~„ ,.,. - 'emu n~,:a °~'~~~ _~' _ ., ],,. J_.~E:, .. y - 0 S ~. TRACT ..A - :.o.... m. xm .~o- . ,. `ua. p =: __-., _ ::, e .'. _ ~ ,vn ..ee . ti ~« , g - 29 - 28 $ 27 ~ : 26 25 - ~e. , > , o~,<,,a. o~rn a' 'O~" E'= 0 s= ~ q' J g ~ u, Y SECncti I] a-~' x ee.S.. a i]Ca~e ~ __ ...... -... I I .._.. n. .:G-. THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, AND IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS, OR LOCATION OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTERS RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER PARTICULARS. SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurances are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, advuse claims or other masers against the title, whether or no[ shown by the public records. (b) (q Taxes or assessments of any razing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may resuh in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (I) or (2) are shown by [he records of [he razing au[horry or by the public records. (c) p) Unpa[ented Mtung claims; (2) reservations or exceptions in parents or in Ac[s authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public rewrds. 2. Notwilhslanding any specinc assurances which are provided in Schedule A of this Guaranlre, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances. adverse claims or other matters affecting the tide to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Pan 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways Ira which such land abuts, or the right ro maintain therein vaults, tunnels, ramps or any shuaure or improvemems; or any rights or easements therein. unless such progeny, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other mailers, whether or not shown by the public records, (I) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which resuh in no loss m the Assured; or (3) which do not result in the invahdiry or potential invalidity of any judicial or nonyudicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referted loin Schedule A. (d) The validity, legal effect or priority of any mater shown or referted to in this Guaramee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assored": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": me land described or referted m in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any progeny beyond the lines of the area described or referted to in Schedule (A)(C) or in Pan 2, no[ any right, tltle, interest, estate or easemem in abusing sheers, roads, avenues, alleys, lanes, ways or waterways. (c)"mortgage": mortgage, deed oftmst, trust deed, or other security instmment. (d) "public rewrds": records established under stale smmtes a[ Date of Guarantee for the purpose of imparting constmctive notice of metiers relating m real property to purchasers for value and without knowledge. (e) "date": the ef(eaive date 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come m an Assured hereunder o(any claim of title or imerest which is adverse to the title to the estate or interest, as stated herein, and which ought cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given m the Company, then all liability of the Company shall terminate with regard m the maver or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only m the extern of the prejudice. 3. No Duly [o Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which [he Assured is a party, notwithstanding the nature of any allegmion in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant [o Cooperate. Even though the Company has no duty to defend or prosecme as sal forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to insumte and prosecute any action or proceeding mmrpose a defense, as limited in (b), or m do any other act which in its opinion may be necessary or desirable ro establish the ride ro the estate or interest as stated herein, or to establish the Gen rights of the Assured, or m prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of [his Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. I(the Company shall exercise its rights under this paragraph, i[ shall do so diligently. (b) If the Company elepa ro exucise its options as stated in Paragraph 4(a) the Company shall have the right to select wunsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assmed and shall not be liable Cor and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incured by an AssureA in the defense of thosecauses of action which allege masers not covered by this Guarantee. (c) Whenever Ne Company shall have brought an action or imerposed a defense az perrniued by the provisions of this Guarantee, the Company may pursue any litigadon to final determination by a court of competentjurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or procceding, an Assured shall secure to the Company the right ro so prosecute or provide Cor the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured far this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, CLTA Guarantee Conditions and Stipulations obtaining witnesses, prosecuting or defending the acrion or lawful act which in the opinion o[ the Company may be necessary or desirable to establish the title to the estate or imerest as stated herein or to establish the lieu rights of the Assured. If the Company is prejudiced by the failure o(the Assured to (urrush the required cooperation the Company's obligations m the Assured under the Guarantee shall [errruna[e. 5. Proof of Loss or Damage. In addition to and after the notices requited under Section 2 of these Conditions and Sdpula[ions have been provided to the Company, a proof of loss or damage signed and swum w by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain [he facts giving rise to the loss or damage. The proof of loss or darbage shall describe the masers covered by this Guarantee which constitute the basis of loss or damage and shall state, ro the extent possible, the bazis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of [he Assured to provide the required proof of loss or damage, the Company's obligation to such azsured under the Guarantee shall terrrtinate. In addidon, the Assured may reasonably be required to submit to examination under oath by any authorized represenative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, corespondenee and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably penvn to the loss or damage. Further, if requested by any authorized represenative of the Company, the Assured shall grant its permission, in writing, for any authorized represemefive of the Company to examine, inspect and wpy roll records, books, ledgers, checks, cortespondence and memoranda in the cusmdy or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidemial by the Assured provided m the Company pursuam to this Section shall no[ be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the adtrunistmfion of the claim. Failure of the Assured to subrru[ for examination under oath, produce other reasonably requested information or gram permission to secure reasonably necessary information from tNrd parties as required in the above paragraph, unless prohibited by law or governmental regulation shall terminate any liability of the Company under this Guaramee to the Assured for that claim. 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guaramee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amoum of Liability or to Purchase the Indebtedness- The Company shall have the option m pay or settle or compromise for or in the name o(Ihe Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a IieMOlder, the Company shall have the option to purchase the indebtedness ucmed by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable auomeys' foes end expenses incurted by the Assmed claimant which wem authorized by the Company up to the fime of purchase. Such purchase, payment or tender of paymem of the (till amoum of the Cuammce shell terminate all liability of the Company hereunder In the even) after notice of claim has been given to the Company by tue Assured the Company offers to purchase said indebtedness, me owner of such indebtedness shall nansfer and assign said indebtedness, together with any eollateml security, m the Company upon payment of the purchase price Upon me exercise by me Company o(the oprion provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the paymem required in that paragraph, shall terrttinate, including any obligation to continue the defense or prosecufion of any litigation for which the Company has exercised its opfions under Paragraph 4, and the Guaramee shall be surtendercd ro the Company for cancellation (b) To Pay or Otherwise Settle With Parties Other "than the Assured or Witlt the Assured Claimant. To pay or otherwise sMde with other parries for o[ in the name of an Assored daimnnl any claim assured against under this Guaramee, together with any costs, attorneys' fees and expenses incurted by tlse Assored claimant which were auhorzed by the Company up to me lime of paymem and which the Company is obligated to pay. Upon theexercise by the Company of fie option provided for in Paragraph (b) the Company's obligation to the Assured Dodo this Guarantee for Ne claimed loss or damage, other than to make the payment reynired in that paragraph, shall termnate, including any obligation to wntinue the defense or prosecution of any litigation Cor which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guaramee is a wnvaa of Indemnify against actual monetary loss or damage sustained or incured by the Assured claimam who has suffered loss or damage by reason ofreliance upon the assurances set forth in this Guarantee and only m the extent herein described, and subject to the Exclusions Emm Coverage of This Guaramee. The liability oC the Company under this Guarantee to the Assored shall not exceed the leas[ of: (a) the amount of liability stated in Schedule A or in Part 2; (b) me amoum of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee. as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the lime the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lieu or encumbrance azsured against by this Guaramee. 8. Limitation of Liability. (a) If the Company establishes the tide, or remove the alleged defect, lien or encumbrance, or cures soy other maver assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations wnh respect [o that matter and shall not be liable for any loss or damage caused thereby. CONDITIONS AND STIPULATIONS CONTINUED ON BACK COVER uuiu~%uc iu:~y r:vi suu aye 2LJ6 '1'K.~VSNATION TITLE X001 Date 3/07/02 Page 1 TRANSNATION TITLE INSURANCE COMPANY 3905 MARTIN WAY E., SUITE A OLYMPIA, WA 98506 Phone: (360) 459 - 8800 I N V O I C E OAKWOOD HOMES 9607 S. TACOMA WAY TACOMA, WA 98499 Order Number: 10024725 Title Officer: Closer: County: THURSTON Property Desc: Buyer: Seller: Date Description 3/07/02 PLAT CERTIFICATE 3/07/02 SALES TAX 5896811 Customer Reference: Detail Liability Amount Invoice Total: 300.00 24.00 324.00* FIN: 94-0386820 °~`~~~~::.. TRANSNATION Oakwood Homes 9607 S. Tacoma Way Tacoma, WA 98499 RE: Order No.: T-3-10024725 Liability: $ 300.00 Charge: $ 300.00 Tax: $ 24.00 Total: $ 324.00 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. TRANSNATION TITLE INSURANCE COMPANY a corporation herein called the Company, GUARANTEES OAKWOOD HOMES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March O1, 2002 Transnation Title Insurance Company 3905 Martin Way East, Suite A, Olympia, WA 98506 Phone: 360-459-8800 Fax: 360-459-3193 Subdivision Guarantee WA.12.11.00 Page 1 of 7 Order No.: 10024725 SCHEDULE A 1. Name of Assured: Oakwood Homes 2. Date of Guarantee: March O1, 2002 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Michael Dimmick and Julienne Dimmick, husband and wife, as to Lot 12 and Oakwood Mobile Homes, Inc., a North Carolina corporation, as to Lot 13 c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 Subdivision Guarantee Page 2 of 7 Order No.: 10024725 4. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001200 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 12 5. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2001 $ 212.92 $0.00 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 Subdivision Guarantee Page 3 of 7 Order No.: 10024725 6. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001300 Year Amount Billed Amount Paid Amount Due 2002 $ 403.24 $0.00 $403.24 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 13 7. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001600 Year Amount Billed Amount Paid Amount Due 2002 $ 403.25 $0.00 $403.25 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. 8. 9 The current levy code is TCA 170. AFFECTS LOT 16 General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 62310001700 Year Amount Billed Amount Paid Amount Due 2002 $ 403.25 $0.00 $403.25 2001 $425.84 $212.92 $212.92 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. AFFECTS LOT 17 Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. Subdivision Guarantee Page 4 of 7 Order No.: 10024725 10. ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY MILL CIRCLE COMMUNITY ASSOCIATION. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SHORT SUBDIVISION N0. SS-8155, AS RECORDED UNDER RECORDING NO'S. 9509270176 AND 9509270177. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 12. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 1, 1996 RECORDING NO.: 3016733 REGARDING: Payment by developer to YELM COMMUNITY SCHOOL DISTRICT N0. 2 in order to mitigate the impact on the school district of additional students which will be generated by the subdivision described herein. Thurston County will not issue a building permit for any lot without proof of payment of the sums required under said agreement. 13. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MILL CIRCLE ESTATES, AS RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856. RIGHTS OR BENEFITS, if any, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 14. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151857 REGARDING: STORMWATER FACILITY MAINTENANCE AGREEMENT 15. WARRANTY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151858 REGARDING: IMPROVEMENTS 16. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: BILL OF SALE RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151859 PURPOSE: WATER MAINS AREA AFFECTED: A PORTION OF SAID PREMISES Subdivision Guarantee Page 5 of 7 Order No.: 10024725 17. Covenants, conditions and restrictions imposed by instrument recorded on MAY 6, 1998, under Recording No. 3151861, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. 18 19. 20. 21 22 cb Provisions contained in the Articles of Incorporation and Bylaws of MILL CIRCLE COMMUNITY ASSOCIATION recorded May 6, 1998, under Recording No. 3151862. DECLARATION OF LIENS AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: MAY 6, 1998 3151863 A LIEN IN LIEU OF OPEN SPACE IMPOSED IN THE AMOUNT OF $549.38 AGAINST EACH LOT IN FAVOR OF THE CITY OF YELM, WASHINGTON ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 3, 1998 RECORDING NO.: 3176833 REGARDING: ORDINANCE #607 -UTILITY LOCAL IMPROVEMENT DISTRICT (ULID) DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: MICHAEL DIMMICK AND JULIENNE DIMMICK TRUSTEE: TRANSNATION TITLE BENEFICIARY: OAKWOOD ACCEPTANCE CORPORATION, LLC ORIGINAL AMOUNT: $166,633.10 DATED: FEBRUARY 15, 2002 RECORDED: FEBRUARY 26, 2002 RECORDING NO.: 3415029 AFFECTS: LOT 12 The manufactured home, if any located on the land described in Exhibit "A" herein is not classified as real estate pursuant to RCW 65.20 and is expressly excluded from the coverage of this guarantee. Subdivision Guarantee Page 6 of 7 Order No,: 10024725 EXHIBIT A LEGAL DESCRIPTION: LOTS 12, 13, 16 AND 17 OF THE PLAT OF MILL CIRCLE ESTATES, AS PER PLAT RECORDED MAY 6, 1998 UNDER RECORDING N0. 3151856, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. • ^ `~ THIS SKETCH /S ATTACHED TO ORDER NO.: ~b ~~ `f 7~-J ~~(~ f~ILl7 ~ ®(~ G~011.lL C~'OG~7C~ILl~ lF~TGI ~L~ .•~ PORTION OF THE SEl, •4 OF THE .VEI /4 OF SECTION 25, TO iYl~'SHIP 17 :NORTH. RANG CITY OF Y'ELbf THURSTv^;V COGNT' -~- •• ._ ,. .. ; -.:.; TRACT ..B.. a 107'. v11r rue so , ~ _ ]Jq, _ DEDICAT j:,.r -- y / ~ ,. c ~ ~ C]9 / / ~ 3 4 7 8 R8 9 ~g 10 g/ /, ~`E' ' 6 ~_ .!] ' - ~ ° 19 e - > ,]]f) . ,y II] rs]r9 a o ~,) I]]]r /Ce ~ / ~ rO IS!•9 Sr b). I / ----J- c ) ... e. I ', ../.. r0"J nl'M1 EISFVCnr •LONG~ .u ,oT ..~ r,.~) ~.~,r,u 5 - - - •J1 n - 3J] ~ ~ ' DEDICATED TO PUBLIC GSE •]..5 / ~_ C, ~ .•- r0e:e rte] / 1' / -9 ~ ' ~1 r • 1> 8 4 ,~_ 11 18 ~.. ~ a9 21 ' 71 ~' ,9170- < w _ I •]~,J- - :,e.: r~; •=.a 3 3 ~ 12 17 -°b9 22 °~ ; _ .. v' 1 n]]s ~, ..] ), ~, x .. ~ ~ ~ ; 13 16 23 n -- 2 :, , I - ' rld :9 S e9ZZ70• r n3ss i '9 -' .N.LO ']1 J9 C:1 i~ , '~ '~ 14 15 ~~ , ~ 24 1 cis ,, 8 _ / ~ g - ~ ~ e , \ / v f9]l'•.' w 5, e9. ). \-]r 'G' Jfq'M1 rIXI.(~r •L 7wE. J ` \41 .Ol •w0 )M.Cf rvObLq G9': s fvv'r]• r ~~ SCALE: r'- _ TRACT °A" - STPa+rwer[R KTENnOW r•Cy1 - SEE ,bT . KCi M1 s = 29 - 28 ` 8 27 ~ _ 26 _ 25 - AOSf :NR S,.~T , ~E J oF~r~.,~.. ) 9 ]f• M ]W & ~O Z ~ ~ ~ '].1r 8 :3.1 g SrrEET 1 OC ] M~URlVf ,w0 OwEMSQ`.5 SMCT ] OC 1 901.wOwli CQVnfOt •w0 r0 ~ •t0 .. OC SFC^Cw IS e.-0 'e... .3 J0 '5.00 •e ]~ w ee•I'..' • r]I9.le •_..• i J . .. ... .... _,/~ .. ... r.. .: 0:~. THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, AND IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCLUDING, BUT NOT LIMITED TO AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS, OR LOCATION OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTERS RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER PARTICULARS. - - Return To: /liter pseotd(rsg Matl to: 2?22 So ~bson~Roa~ Sue 04 C Mesa. Arizona 85202 Assessor's Pazce] or Account Number: (E ~ 3 I ~DDI o7C~ Abbreviated Legal Descri [ion: (.l ~ I' ~ l C i~c.~ [Include loo block and plat or section, township and nngd Full legal description located on page Trustee: TRANSNATION TITLE . ~~iSpxe Above Tbis Lne For Recording Dat ~gy~~,~ DEED OF TRUST DEFINITIONS Words used in multiple sections of this document aze defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain Hiles regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated February 15, 2002 together with all Riders to this document. ' (B> "Borrower" is MICHAEL DIMMICK and JULIENNE DIMMICK Borrower is the trustor under this Security Instrument. (C)"Lender"is OAKWOOD ACCEPTANCE CORPORATION, LLC 13818800 2575991 0 WASHINGTON-Single FamilyFannfe MaelFreddie Msc UNIFORM INSTRUMENT Form 3048 1lO1 -61WA1100121 MW T2/OO.Di Page 1 of 15 Initials:~,0 IIIII~III~II~IIr~~I'ryl'II~II~II~I VMP MORTGAGE FORMS • 1800)521-7291 I I III ilIIIN III~I VIII VIII IIII IIIIIIII VIII III VIII IIII Ilil e~zs~ ~ee2 e21 ssP raaNSriartnlt rrri v rN~llaaN nr s2).se Thurston Co, UA Lenderisa LIMITED LIABILITY COMPANY organized and existing under the laws of THE STATE OF DELAWARE Lender's address is 7800 MCCLOUD RD. GREENSBORO. NC 27409 Lender is the beneficiary under this Security Instrument. (D) "1lvstee" is TRANSNATION TITLE (E) "Note" means the pronvssory note signed by Borrower and dated February i5, 2002 The Note statesrhatBorrowerowesLenaerOne Hundred Sixty Six Thousand Six Hundred Thirty Three and 10/100 Dollars (u.s. $166.633.10 )plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than Apri 1 l . 2032 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment chazges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I~ "Riders" means all Riders to this Security Instrument that aze executed by Borrower. The following Riders aze to be executed by Borrower [check box as applicable]: Adjustable Rate Rider ^ Condominium Rider [] Second Home Rider [~ Balloon Rider a planned Unit Development Rider ~ 1-4 Family Rider VA Rider ^ Biweekly Payment Rider Other(s) [s ecify] MH & CONSTRUCTION LOAN RIDER (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative Hiles and orders (that have the effect of ]aw) as well as all applicable final, non-appealable judicial opinions. (~ "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (I~ "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similaz paper instrument, which. is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of--sale transfers, automated Celle; machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. ~ "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. 0~ "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument- 13818800 2575991 6(WA) (0012) Initials: ij~l~~~ C ~® Page 2 of 15 Form 3048 1101 I IIIIlI IIII~ III~I VIII IIII I~I~IIII VIII III III~I III I~~I 2g~5 B2 02159P 7pi8JCAIpTMN rrn c ruauea-t nr t27 AA Thurston Co, UA (P) "RESPA" means the Real Estate Settlement Procedures Act {I2 U.S.C. Section 2601 et segJ and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regazd to a "federally related mortgage loan" even if the Loan does not qualify as a "federally re]ated mortgage loan" under RESPA. (~ "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower irrevocably grants and conveys to Trustee, in trust, with power of sale, the following described property located in the COUNTY of THURSTON (Type of Rewtding Jurisdiction] [Name of Recording Jurisdiction] SEE ATTACHED LEGAL DESCRIPTION Pazcel ID Number: which currently has the address of 15342 107TH LOOP SE lstreetl YELM (city) , Washin ton ("Property Address"): g 98597 [Zip Cade] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a pact of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security inswment covering real property. 13818800 2575991 0 ®6fWa) IOOt21 ~nitcals: %/~Y/ ~~ Page 3 of 15 Form 3048 1/01 III+I~I~I~III~Ii~IIifIIIIIIIIII~~llllllllf I + 26502919 roaNSUarrnu rrn r IIIIIIIIIIIIII /2882 92~59P rNS11RF1N OT s27 AA Thurston Ca, UR UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late chazges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security [nswmeat is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits aze insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or a[ such other location as tray be designated by Lender in accordance with the notice provisions in Section I5. Lender may return any payment or partial payment if the payment or partial payments aze insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the furore, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan cuttent. If Borrower does not do so within a reasonable period of fime, Lender shall either apply such funds or retum them to Borrower. If not applied eazlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security ]nstrtunent. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late chazge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late chazges due. Voluntary prepayments shall be applied first to arty prepayment chazges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Inswment as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. 'These items aze called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community 13818800 2575991 0 lnitials:/f~' ~•61WA) (0012) Page 4 of 15 Form 3048 1/01 m IllllIIIIIIIllllll~llllllllltl 1 p~4e1502919 TAANSNnTintJ i ~ ~~I~I~~I~~I~~~~~1~~l~II ei?/~s/082 ~'$~ T TI ~ rNSIIRAN OT 32) A9 Thurston Co, lJA Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fumish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or al] Escrow Items. Lender may waive Borrower's obligation to. pay to Lendet Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lendet receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for al] purposes be deemed to be a wvenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Ite[ns directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that aze then required under this Section 3. Lender may, a[ any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the mvcimum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not chazge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law peanits Lender to make such a chazge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account [o Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held io escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instnument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, chazges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Commtmity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. 13818800 2575991 ~ Initials/~l'~a~ 6tWA) toot 2l '® Page 5 of 15 Fam 3048 1101 ~~~~~~ ~~~~~ ~~~~~ ~[~~~ ~~~~ 111~~~~~ I~Ih fIl VIII ~~~~ III ~~ 52oA58 92159P 1RANRUATitkr rtTi r iNgIRAH f1T S87 88 Thurston (,o, 11R Borrower shall promptly dischazge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings aze pending, but only until such proceedings aze concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Insuvment. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Fnstrument, Lender tray give Borrower a notice identifying the lien. Within 10 days of the date on which [hat notice is given, Borrower shall satisfy the lien or take ooe or more of the actions set forth above in this Section 4. Lender may require Borrower to pay aone-time chazge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected oa the Property insured against loss by ftre, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time chazge for flood zone determination, certification and tracking services; or (b) a one-time chazge for flood zone determination and certification services and subsequent charges each time remappings or similaz changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazazd or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right [o disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee, in the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to 13818800 -StWAI (0012) m 2575991 0 Initlalsr`~~~~~ Page 6 of 15 Form 3048 1101 3415029 Page 6 of 19 B2/i?6/2682 92~59P Thurston Co, t1A hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. UNess an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the itsurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with . the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. if Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender tray negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns [o Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premitttns paid by Borrower) under all insurance policies covering the Property, insofaz as such tights are applicable to the coverage of the Property. Lender may use the insurance proceeds either [o repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. fkcupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residrnce within 60 days after the execution of this Security Instrument and shall continue co occupy the Property as Borrower's principal residence for at least one yeaz after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or utiless extenuating circumstances exist which are beyond Borrower's control 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shat! promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or is a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property- If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. A. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of BotTOwer or with Borrower's lmowledge or consent gave materially false, misleading, or inaccurate information or statements to lender (or failed io provide Lender with material information) in connection with the Loan. Material representations include, but aze not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 13818800 2575991 0 slwal loo t zl tmuai::'/~~~d~ ~® Page 7 of 15 Form 3048 1/01 I ~~II~I ~IIII 1~~11 I~~~I ~II IIIIIIII I P 9e 5~ 09 19 TaauauarrnN Trn r ~IIIII~I~~I~Ili~llll e~ii?sizee~ ez ss~ tNSIIRAN f1T Sd7 AA Thurston CO, l1A 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Properly and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instmment; (b) appeazing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security [nstrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall beaz interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shail comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Ltsurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borzower was required to make separately designated payments toward the premiums for Mortgage ]nsurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as anon-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments towazd the premiums for Mortgage Insurance. If bender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide anon-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends i^ accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate [heir total risk on all such insurance in force from time to time, and may enter into agreements with other parties that shaze or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer'to make payments using any source of funds that the moRgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). 13818800 2575991 Initials:~,'r~ ~ ~® 61WAI 100121 Page 8 of 15 Form 3048 1/01 Illlllllllllllllllllllllllll ~Sea91s TAgAICN47i~lN i IBIIIIIIIINIIIIIIIIIIIIi! aiJ~s,~~z a 171 s• iNR11RRN OT t2) AA Thurston Co,2UFl9P As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsuret, any other entity; or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides chat an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any -with respect to the Mortgage Insurance under the Homeowners Protectiao Act of 1998 or any other taw. These rights may include We right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of lVfiscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds aze hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid oo such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or nol then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the paztia] taking, destruction, or loss in value is less than the amount of the sutras secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an awazd to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regazd to Miscellaneous Proceeds. 13818800 2575991 0 t~•61WA1 (00121 Pa e 9 of 15 Initials: ~11%~~ m 0 Form 3048 1lO~ IIIIIIIlII~IlIII~I~IIIIIIIIIIII~IIII~III~I~IIIIiIIIII~I a zsre ei°e~ ss~ TRANSNATiMJ TiTI f iNSIIRAN l)T t27 N8 1'hur5t0i1 COi ilA Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security hlstrurnent. The proceeds of any awazd or claim for damages that aze attributable to the impairment of Lender's interest in the property aze hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearattce By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbeazance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of [his Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's tights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of [his Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may chazge Boroower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security htstrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, [he absence of express authority in this Security Instrument to chazge a specific fee to Borrower shall not be conswed as a prohibition on the charging of such fee. Lender may not chazge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan chazges, and that law is finally interpreted so that the interest or other loan chazges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan chazge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overchazge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed [o have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's 13818800 2575991 61 WAI 10012) Initi als: f7f~ J' O ~® Page 10 0l 16 Form 3048 1/01 I IIIIII VIII VIII iilll IIII IIIIIIII VIII III IIIIII III IIII z~zsne 2 ez ~sP 7RRNRNiiTTfA1 TTTI ~ TNSIIRRN Ot f27 A8 Thurston Ca. UA notice address if sent by other means. Notice to any one Borrower shall constitute notice to ail Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one titne. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice [o Borrower. Any notice in connection with this Security Instrument shall not be deetned to have been given to Lender until actually received by Lender. if any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singulaz shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those benefcial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is no[ a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may requite immediate payment in full of ail sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions aze that Borrower. (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) 13818800 2575991 ~nitia~ s:~ o ~® 81WA1 10012) Page 11 of 15 Form 3048 1/01 I ``` (l 11111 ~Il~ II~11~11 ~~1~1 I~~ ~~I~~I ~~1 ~~i~ Bz 652~At~ 2159P ~11lNlI~I~1(~~• s27 99 Thurston Ca, Ntl TRANCNNTIf1N iiTl F 1NSYIRFtN DT certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits aze insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if ao acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instwnent, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shaE be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Har~rdous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environrrrental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute [o, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazazdous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall no[ apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that aze generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of {a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of 13818800 2575991 p Initialsd7~~ ®61WA) 10012) Page 12 of 15 Form 3048 1/01 3415029 Page 12 of 19 ezi2s~i?eee e2 ssP ihurstan Co, WA II~I~~~~~~N~~NG~ release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. ]f Borrower teams, or is notit3ed by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). The notice shall specify: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument and sale of the Property at public auction at a date not less than 120 days in the future. The notice shall ftrrther inform Borrower of the right to reinstate after acceleration, the right to bring a court action to assert the non-existence of a default or any other defense of Borrower to acceleration and sale, and any other matters required to be included in the notice by Applicable Law. I< the default is not cured on or before the date specified in the notice, Lender at its option, may require immediate payment is full of all sums secured by this Security Instrument without further demand and may invoke the power of sale and/or any other remedies permitted by Applicable Law. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, reasonable attorneys' Pees and costs of title evidence. If Lender invokes the power of sale, Lender shall give written notice to Trustee of the occurrence of an event of default and of Lender's election to cause the Property to be sold. Trustee and Lender shall take such action regarding notice of sale and shall give such notices to Borrower and to other persons as Applicable Law may require. After the time required by Applicable Law and after puhHcation of the notice of sale, Trustee, without demand on Borrower, shall sell the Property at public auction to the highest bidder at the time and place and under [he terms designated in the notice of sale in one or more parcels and in any order Trustee determines. Trustee may postpone sale of the Property for a period or periods permitted by Applicable Law by public announcement at the time end place Fixed in the notice of sale. Lender or its designee may purchase the Property at any sale. Trustee shall deliver to the purchaser Trustee's deed conveying the Property without any covenant or warranty, expressed or implied. The recitals in the Trustee's deed shall be prima Pacie evidence of the truth of the statements made therein. Trustee shall apply the proceeds of the sale in the following order: (a) to all expenses of the sale, including, but not limited to, reasonable Trustee's and attorneys' fees; (b) to all sums secured by this Security Instrument; and (c) any excess to the person or persons legally entitled to it or to the clerk of the superior court of the county io which the sale took place. 23. Reconveyance. Upon payment of all sums secured by this Security Instrument, Lender shall request Trustee to reconvey the Property and shall surrender this Security Instrument and al] notes evidencing debt secured by this Security Instrument to Trustee. Trustee shall reconvey the Property without warranty to the person or persons legally entitled to it. Such person or persons shall pay any recordation costs and the Trustee's fee for preparing the reconveyance. 24. Substitute Trustee. In accordance with Applicable Law, Lender may from time to time appoint a successor trustee to any Trustee appointed hereunder who has ceased to act. Without conveyance of the Property, the successor trustee shall succeed to all the title, power and duties conferred upon Ttvstee herein and by Applicable Law- 13818800 2575991 p 1~ftla~s:.~ ®61WA1100121 Page 13 of 75 form 3048 1/01 I (VIII VIII VIII VIII IIII Iillllll VIII III 111111 III (III ~ 6/2882 A2 S9P TRANSNRTif1N TTTLE iNSIIRAN DT t27 AA Fhurston Co. WA 25. Use of Property. The Property is not used principally for agricultural purposes. 26. Attorneys' Fees. Lender shall be entitled to recover its reasonable attorneys' fees and costs in any action or proceeding to construe or enforce any term of this Security Instrument. The term "attorneys' fees," whenever used in this Security Instrument, shall include without limitation attorneys' fees incurred by Lender in any bankruptcy proceeding or on appeal. ORAL AGREEMENTS OR ORAL COMMTI'MENTS TO LOAN MONEY, EXTEND CREDIT, OR TO FORBEAR FROM ENFORCING REPAYMENT OF A DE$T ARE NOT ENFORCEABLE UNDER WASHINGTON LAW. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: i~o~_-,..-~~~Z..s.--- =~ (seal) MICHAEL DIMMICK -Borrower L ~"C/~nn. ,rE (Seal) JULIENNE DIMMICK -Borrower _ (seal) -Borrowv _ (seal) -Borrower _ (Seal) -Borrower 13818800 2575991 _ (Seal) -Borrower _ (Seal) -Borrower _ (Seal) -Borrower -61WA1 {00121 Page 14 of 15 Form 3048 7101 ` ll Il1~IV~il~11~~I~II~II~II~lIl1~~ll~ll e2r~sne z e~~sa I I~1~~~ III~1 ~~~~~ II s27 A9 Ttwrston Co, tRANRNATtnN T1TI t' iNglRfiN nT STATE OF WASHINGTON ~: County oP '~ ~ Gl!r.5.~j-t on this day personallyappeazedbeforeme MICHAEL DIMMICK and JULIENNE DIMMICK to the known to be the individual s) described in and who executed the within and foregoing instrument, and acknowledged that be/sh ey igned the satne as his/her/free and voluntary act and deed, for the uses and purposes therein mentioned. ) GIVEN under my hand and official seal this 3~~ day of r`GJ~J,~ 0~~2 , NOTAitX P... IC State of Was 'n on !(.lNI@ ERLY M. ~ RDAY ota Puhlic in and the state of washingmn, r i gat 1 coru:tuston6zplres 2DO4 Q~"'er'a My ppotntment Expires on 03~C~,/O~ 13818800 2575991 p Initials: "~/~~9~ ~® 61WA1 (00121 Page 15 of 15 Form 3048 1(01 (IIIII IIIII IIIII IIIII IIII IIIIIIII IIIII III IIIIII III IIII wee ez ss~ TDnN.SAW7111N TiTIF iNSIWnN nT »?~ sA Thurston Co. UR EXHIBIT A LOT 12 OF THE PLAT OF MILL CIRCLE ESTATES, AS PER PLAT RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE iN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. 3415029 Page i6 0£ 18 tRANSUAT1t1N tTTI F 1NSURRN DT ~c~.ee ehursto00Co~WN~ WASHINGTON STATE MANUFACTUREa HOME AND CONSTRUCTION LOAN RIDER TO THE MORTGAGE, DEED OF TRUST OR OTHER SECURITY INSTRUMENT THIS MANUFACTURED HOME AND CONSTRUCTION LOAN RIDER is made this 15 day of FEBRUARY, 2002 and is incorporated into and shall be deemed to amend and supplement ihak ce ain o gage, Deed of Trust or Other Security Instrument (the "Security Instrument") of the same date hereof given by the undersigned (the "Borrower") to secure Borrower's Promissory Note to Oakwood Acceptance Corporation, LLC (the "Lender") of the same date hereof (the "Note"}, and relating to the property described in the Security Instrument and further described as follows: See Attached Exhibft A (Legal Description} The following provisions are applicable to the Security Instrument. 1, DESCRIPTION OF REAL PROPERTY. The description of the Property set forth in the Security Instrument is amended by the addition of the following:. "Together with all improvements constructed upon, affixed to or located upon the above described real property, including without limitation any residential dwelling located upon or to be located thereon, which dwelling is or may be a manufactured home, as hereinbelow described, which manufactured home is or upon placement and affixation shall be conclusively deemed to be real estate (the "Manufactured Home"), whether or not the manufacture's certificate of origin or the certificate of title to the manufactured home has been surrendered and cancelled. Make: HBOS MANUF LP Model: 8005 Serial No. ® No Certificate of Title has been issued ~ Certificate of Title No: 2. ADDITIONAL COVENANTS OF BORROWERS} RELATING TO MANUFACTURED HOME. Borrower hereby states, affirms and agrees as follows: Borrower expressly intends that the Manufactured Home become affixed to the Property so as to constitute real property, including the assessment and taxation of the Manufactured Home as such and being subject to the terms and provisions of the Security Instrument; the Manufactured Home's wheels, axles, towbar or hitch have been or will be removed and the Manufactured Home has been or will be affixed to a permanent foundation or underpinning; the Manufactured Homo has been or will be permanently connected to utilities; and the Borrower agrees to comply with all State and local laws and regulations relating to the affixation of the Manufactured Home to the Property including, but not limited to, surrendering the Manufacturer's Certification of Origin or Certificate of Title (if required}, obtaining any governmental approval and executing any documentation necessary to classify the Manufactured Home as real property under State and local law. 3415029 Pie ~ 17 of 19 tRANRNATinN TiTI F iNSIIRRN l]T l27. AA Thursto08Co02WR~ The Manufactured Home shall be at al! times and for all purposes permanently affixed to and part of the Property and shall not be removed from said Property. Borrower covenants that affixing the Manufactured Home to the real property described herein does not violate any zoning laws or other local requirements applicable to manufactured homes. 3. FUTURE ADVANCES. This Security Instrument shall secure all funds now and hereafter advanced by Lender to or for the benefit of Borrower, as contemplated by the terms and provisions of the Note and the Construction Loan Agreement (if applicable), not to exceed the Maximum Amount of Principal set forth in the Note, namely $166,633.10 4. RESPONSIBILITY FOR IMPROVEMENTS. Lender shall not be responsible for the Improvements made or to be made, or their completion, relating to the Property and shall not in any way be considered a guarantor of performance by person or party providing or effecting such Improvements. 5. MISCELLANEOUS. The following Sections or Portions thereof of the Security Instrument are deleted and are of no force and effect, unless: [7 Lender sells, transfers and assigns all or some of its right, title and interest under the Note and Security Instrument to the Federal Home Loan Mortgage Corporation or the Federal National Mortgage Association, jii] Lender executes an affidavit to the effect that such Sections or Portion thereof are effective, or [iii] the provisions of such Sections are required pursuant to the laws of the State where the Property is Located (as distinguished from the requirements of the Federal Home Loan Mortgage Corporation or Federal National Mortgage Association}: the second unnumbered paragraph of Section 1; Section 3; Section 5; Section 6; Section 10 the third, fourth and fifth unnumbered paragraphs of Section 11; Sec#ion 19; and the third sentence of the first unnumbered paragraph of Section 22 and other provision in Section 22 referring to or affording Borrower any right pertaining to Borrower's right to reinstate or to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and sale. In addition, any reference in the Security Agreement to Periodic Payments under the Note shall be of no force and effect. 6. AMENDMENT TO SECTION 1 OF SECURITY INSTRUMENT. In lieu of the second unnumbered paragraph of this section (which has been deleted pursuant to Section 7 above), the following language shall be controlling: "Payments are deemed received by Lender when received at the location designated in the Note or at such other locations as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may accept, return or hold any payment(s) or partial payrnents(s} if the payment(s) or partial payment(s) are insufficient to bring the Loan current. If Borrower has been sent the notice required by Section 22 or if Lender has accelerated the obligations of Borrower following breach by Borrower of any covenant or agreement in this Security Instrument, then Lender may accept or hold any payment(s) or partial payment(s) insufficient to cure the breach or otherwise bring the Loan current, without waiver of any rights of Lender hereunder and without prejudice to Lender's right to refuse such payment{s) or partial payment(s) in the future, but Lender is not obligated to accept or hold such payment(s). In any case where Lender holds any payment(s) Lender shall not be obligated to pay interest on such unapplied funds and Lender may hold any unapplied funds until such time as the breach is cured or Loan is made current, as applicable, and in any event shall be applied by the Lender to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or pertorming the covenants and agreements secured by this Security Instrument " 7. AMENDMENT TO SECTION 71 OF SECURITY INSTRUMENT. In lieu of the third unnumbered paragraph of this Section (which has been deleted pursuant to Section 7 above), the following language shall be controlling: 3415029 Page ~ 18 of 19 tRANRNATTf1N T1TI F iNSIIRAN nr S2~ ee ehur6ton68Co02u~9P "In the event of a total or partial taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower". 8. AMENDMENT TO SECTION 22 OF SECURITY INSTRUMENT. The following language is added as a sentence following the second sentence of Section 22. "The notice is, however, subject to the following qualifrcations: {a) the notice need not be given to the Borrower if (i) the Borrower has. abandoned the Property, (ii) the Borrower has been sent two notices in the prior one-year period or (iii) other extreme circumstances exist, unless state law (and not Section 501 of the Depository Institutions Deregulation and Monetary Control Act of 1980, herein "federal law") is controlling with respect to such notice, in which event the state law shall be controlling; (b) if state law, as contrasted with federal law, is controlling with respect to the notice, any longer right to cure period shall be applicable and the form of the notice shall conform to such state law requirements; and {c) if the Security Instrument secures a loan insured by the Federal Housing Administration under Title I of the National Housing Act, such notice shall further comply with the requirements of such title." 9. INVA[_!D PROVISIONS. If any provision of this Security Instrument is declared invalid, illegal or unenforceable by a court of competent jurisdiction, then such invalid, illegal or unenforceable provisions shall be severed from this Security Instrument and the remainder enforced as if such invalid, illegal or unenforceable provision is not a part of this Security~I/n~s~trument. '~~ F~tecuted this ~ ~ day of ~ ~~~f U !~~%u~ ~~ ~ (Seal) Borrower (Seal) Borrower Borrower ~l~~,k~~_ ~rrrrrri~re (Seal) Borrower {Seal} 3415029 Page 19 of 19 TaANSNATff1N TTTIF TNSIIRAN OT 52).90 OhurSla8ACo0~uA~P City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 February 21, 2002 C&S Development P.O. Box 468 McKenna, WA 98558 Re: Boundary Line Adjustment - BLA-02-8305-YL To Whom It May Concern: The City has completed its review for the Boundary Line Adjustment between Lots 12, 13, 16, & 17, of Mill Circle Estates. The proposed property lines meet minimum City zoning, heath, and building standards. Please submit a current Plat Certificate (title report) to the Community Development Department for review. After satisfactory review of the Plat Certificate, I will prepare documents for recording. If you have any questions, please call me at (360) 458-8496. Sincerely, ~%~j~t ~%~~~~~~~ Tami Merriman Planning Technician cc: Oakwood Homes File Memorandum To: SPRC From: Roberta Allen, Administrative Assistant ,~~~ Date: February 4, 2002 Re: BLA-02-8305-YL -Project Review Schedule for Oakwood Homes Boundary Line Adjustment Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. February 20 -SPRC project review. Department comments/conditions of approval for staff report. February 27 -Letter of Approval completed. C:\Community Development\Project Files\BLA Boundary Line Adjustment\8305 Oakwood Homes\BLA-Proj Rev Date Memo.doc SHELLY BADGER MAYOR ADAM RIVAS GARY CARLSON YELM CITY ADMINISTRATOR YELM BUILDING DEPARTMENT JIM GIBBON YELM CITY ENGINEER TIM PETERSON YELM PW SUPERVISOR Only review schedule & notice TAMI MERRIMAN YELM PLANNING TECHNICIAN C:\Planning Folder\Mailist\SPR Committee Maillist. CATHIE CARLSON, COMMUNITY DEVELOPMENT DIRECTOR r-- I ~~~ Oa 771W ~ IEo !~~ IW I~ b 0 ~ h M F ~ ~ W Z WW O U Q o ~ I' O O ~~ O WO II O O O ~ I' O ^ ¢U w a~ U N C ~ O O W I I I I I I I I \~I I 0 0 0 ~ 0 0 0 0 z z z z z z i z ~ ~ h ~ ~ ~ ~ ~ ~3 q~3 ~3 q13 ~3 ~3 p~3 ~p3 mt rn~ m~ rn~ m~ rn~ rnt mt 1/~ ti ^ O ~ ~ ~O ~ ^I O ~O ~ >° b ~ >° b ~ >-° ~- ~ >-co '~'1 O ~ Q ~ ~° a ~O ~ >'°W Q a O >°~ >-coi U i ~ 2 ~ E ~1 ~O ~O ~O ~O ~I Z O 2 0 2 2 ?V~'i =h ?~ 2N ~ Zo O ?o ~ ?o Q Zo Q ti W J ~~ OWj W~ ti ~~ ~ ~~ p ~~ a ~O d ( S S S ( p v O ~O ~ ~O ~ V ~O WO ~O ~O ~O F- O ~-. r^ r vl Kra K~ ~vI Kb r^^ r vl KU ~ KN ~ ~b p min p w '~~ v'~ '~° '^° w '~~ '^° ~ ~'°~ '^° ¢o Qo ~ Qo ~ Qo W Qo o ~ Qo o Qo b Qo n q ~w ~w ~w ~w q bw ~ ~W ~ ~w ~ ~w ti ~~ ~~ ~~ ~~ ~~ w ~~ w ~~ o ~~ g ,~ Q ~e Q ~~ Q ~~ ¢ ~~ ,~ Q ,~ ~e Q ~~ W Q ~e W Q ~e W In u\ W cn h W In ~n Wo In v\ W~ ~ In h o W vl ~n Wo o O ~ n W q~ o vl ~n Wok o ~ Jh q~ Wh k Wv\ p Wv~ y ~ ~ o Wv\ N k W vI N Wh F W W v~ W W UM UM U~ c U~'1 ~ r_l W UM ~ K UMt LW U~ K 4 UM 2 ~ l ^I ~ UO ~ UO c UO UO ~ UO ~ ~ UO ~ UO O UO o ~ JZ JZ JZ JZ JZ ~ Z ~ JZ N Z 2v J ~~ ~~ J ~~ E~ W J ~~ W E~ 2 J 2~ 2 ''-~ ~ ~ G W W ~ WW ~ W W ~ WW 2 W O~O ~ O~O W o~0 W O~O ~ W ~O ~ ~O ~ 0o O OO O OQ OQ~ OQ- OQ Q ~ Q- 3 Q W Q~ W ~ `Vag a Q "a~ a Q bad s Q ~a~ a Q ~~ ~ a~ ~ Q W a~ Q ~ W a~ Q r=- a~ Q '+ W ~ O W O M W t7 0 W c 0 ` W W 0 W F O W U W h F O W W FAO W U I O I- ~~~ I- ~~~ ~ ~~~ ~ti ~~~ U pph ~~ ~ ti p 1~~ ~ - pp y~j U W ~~~ W 1 - I I I I I I I ~ __+___ I ~ / g `` 6• ~~j.> 4 . .M1. J, i ^ / r~ \ 107 1~j5.8~ 4 ELI ry ` ~ ~ \ /~ / \ \ ~~ `°o o'ns X I ~ I °•~`b~ ~---- m o \ D \ \ i \\\ I ~_ '/'// NO _ b00~ \\ I ~ ^41O ~`I NvC11h M \ ~ \ I I ~. .. y W ~ I` II p n \\ \ \ ~ U~ W ~ ~ II. II II ~IKJ \ ~ . I 02 I i c lam. ~I D;J ~I~ \ \ ~ J O W O r T~ O W ~ I `"i 0.1 I l 0 3 ~' \__ I I I I `~' Q I~ I I N W I I I i= o I 0.' I I Z ~J ~_______ 00'LL 00'CC _-__-_- OQ ~ 3 „[4,94.00 N 3 „C 4,96.00 N ~ i-_ --1 I I I I c~ I I I q I I I ~ I ~'~; I ~•^~ I ~ I I c-- I I W l_. O o I W i__ V I ti I ^~ o ~ ~ z %~I O _ q ro 0 o O~ ' I b O °o n q I _ " ~ ' ~ ~~ mI ^ _ \ \\ ~ b o ~ Z ~ ~I ~ \ J U I \• JZ ~_ ~~ 2 ~ I O I W mo < VI_ I b "d I WZOOt" q p ~ W Q U I '~ 3SoF ~ 23x~ ~ ~// UQ 02 a~ I i~ I s< I Nti I FQ >WZ ~ ~~ s D- o ~l / I W CJ 0040 Uo~Z~ W~!!V?(3 ~'~S~ ° ~ u ~~zw~ Z z ~~ ~2 ~I?rx U ~s o~ ~ a G„ O °mw~~ F ~' ZZ ~tv (2v~~0<SS W ~F O O Er o ~ ~F Q O ~ a Qi ~.w o WC~F'~ ti ~~ ~W o ~ W ~x~.°hha I;~za x 0. ~ F U p U b n F ~ ~ O O H O ~7 a O 'J a 9 1 :1rN ~w M 8~ 0 o °o O 0 ti fi k ~ o . II M II ~~Y O O O ~~ b 'ry ~~ s y I I ~\ \ ,_ ~ -- ,~'~ 107TH LOOP i ,. s oov6.47• w ~ ~-~----i6s.ia -- --T /,/ / 73.00_ 770( / ~ ~_ - __ _ r____ ~ ~ / / / ~ i ~ __ I / _~ / ~~\ / °~, ~ v _ _ y / , oC ~~ \ ~ _ /~ Imo--`+I=.I~ \~ I ~ ~4 / ox~z I G \\ 1 O y I ~ ~ ~ 41 IVI ~ A ~ IA -t ~ ~~ ~ ~m~~ 2 ~ a ~~ m~ j \i b I I --~o~~~ w 8 b 8~ ~ ~g~8w --' i~ I I I a I I ~ __1 I I I 1 I 1 I 1 ~ --1, \ I °\ I Z I r I------~ I I --~ 1 ~ ~ n \ \ I b i 00'46'47• E I y ~ 77.00 -------~ I 'b ~ I I I ~ n ~ ~ `~ N ~ I'~- G. i ~ v i ty m c~ \ ~ \ \\ \ \~ 4 Vp 11 5n ... \ \ ~\ a u'PO~ fj: \ Ip O 1 \ O 0+ !a°~m4r ~ ~~ ~ \ ~\ ~, ~-- ,.- .. I +-'- I Fo I oC I I 7 I gaq I ~y ~-_-_ k I I ~~ ~ ~ ''I i w ~ ~ ~~ lz7 ~ g I I ~ N _.. Ili o Q I '^ I l a m s~ I ~ l # ~ $ y ~ I ~-- I o OgN '~ ~ I I\ I ~ ~,~ ~ ~ I ~ i ~y'6£ ~ _ ~ - .~ 9 5~yyo 3 ~ - _„ c~t _ -,- --- -_ C ° ~ ~ ~ ~6 ~ w ¢ 9p ~ o 5s ~a ~ 4 aqaq ~ Q ~3~. ~i 3a .e E ~~ hM ~~e toy ~ rr,, ~ .;~4~~~ ,YO, ~ ~; ~ ^ ~ ~ ' y$~ Sd ti ~aF c~ '9.` K Lv' e2~b op~~~~ ~ @$$ o 1 h~S~ ~Q E ~ Y~Q9 3 ~~ ~ ~i~ ~ ;y' ~', ~ ~ V~ ~ 9 u [cl V 9q tyt i !~F [ 0 °: t 9 O e x h LYLF 313 qq aa ~ ~ { o g~ M[ ~ Xy ' ~ 2 ~ ~ ~ '. C~. P, i ~ . ~9 ~ „9 e ~ p ~0 `9[ a~'`d ~ Z aao $'p M 4 6 ee~ ppr'~~~ ~ ~A ~ 44 a ~ ~ ES 2~ 9 y ~9pp3 ~ . ~~b0ll~:i±.? " cn ~p~~ ~ ~ ~ O ~9 ! EBSE a z£;pd 9 ~ agQ@ ei a~ ~~ ~ ~ ~ ~ ~%g ~ ~ ~8@~~ e~@ 1. ~ i ` " ~ B31 ~ ~ ~ ., C aa3~ > Z ~~ 3 " ~ E ~ ~A Q 5 ~ s a x 5 : g ~s azr ~~iNr R- _ _ zr i..r .... -R 44 !S ~ _ __.__ ,._ _____ ~ __________________ _ _________ ______,. ~ _ yl F . o ~ ~ mn~- + cU~ O ~ s ~'~' ~: N~ .g F- "gE ~ A ~ ~ z ~~~gS~ ii 2 ~ a 7~~ SS ~ !(a A ~ ~ ~~$i ~ ~ gPI . } 3~.F ~~y~S3 o ~ M : ~~d° e ~ ~ x ~ ~ • w a q c i y yq~q~q`q"v 3 , x h„ ]II ] ti a < x s 32 2 L p ~P ;o F~ C t ''^ n $ j ~ ;' ~ U ~~ 9 a e~ 4 ~~~ s t ' d a ~g ~ - r i i e ~ ~~' ` y ~ ~ ~ `-.CSa ~~ a :' ' ~ „ - ~ 9 ~ ! -- ~ "3~5E s ~ a ~ ~ e ~ $ a ~, - \ ~rn_ A I ' 9 ~ E ~ R ? 0. R ~ ep a 5 ~ ~ X ~ $3~ l '_ _ '~ --------- g i a ~ ~ ~ 7 p" ~8 5~p~a ~ ie~ ' \ (~ aa gas z e S ~. ~ ~ e v Q y p i ~Eqi~ 8 o k j EH ,0~8: ~ - 9• i Cz] 5tl5tl - ___.' ~ ~ ` ~ R ~ E q a 5 ~ ~~ ~ ~ ~~AX ~ ~ W °k~ . yFfl ~ ~~yF `` i ~~: ~~ BF.. I ~ ~ o U vpp ep~ KK pp p C5~5~ Beaei tl ~ R ~ g R~CSR E9 57 E k ~~ 3~ ~ ~~~R '~~a ah ~ e~ ~~~ .,s3 j ~u 9 "ga CI l -: / ri _. a {~' ~~ ~~i ~' ~ ~ ,/ 6 Q ____ - Eg`e~ it3~y'E h~tl ~n ~~ i ~ QQ~ f y 4 B te~Ge F: ~~:h E ti quo N S ~ F._ z ~ ;~ t i ~Y8 .1_... .. .. .. ..... .... .. S ~~~ ~ tl! ~. i z - -------- -- - ---~ ~E:~e~ ----~-~ ------------ ~ ~ ..r..rm , r~ r 0 n V O' K 9 m 7 N J >° z /°~ '6d bsh r 77~ l• ~~~ ~~~' ~~~a -;. ~, %' : ! '` ~~:.~ w.~saiir•:GrOra CITY OF YELI~AID PO Box 479 Yelm WA 98597 FEB 0 4 2002 360-458-3244 ~/G'0 °~' CITY OF YEL APPLIC OFFICIA//L U/S~E ONLY Fee I~~ o /p~ Date Received '7' y sy Ffle No. -CJ - ~s- Y~ ATION FOR ~~~~~ BOUNDARY LINE - ADJUSTMENT Fee: $100.00 OR LARGE LOT SUBDIVISION Fee: $250.00, + $10.00 per lot __.,,• (In addition, any professional service charges - -'.- per Resolution x#358) Boundary Line Adjustment Large Lot Subdivision NAME OF PROJECT Owner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT Mailing Address City, State and Zip Telephone ~ - ) c~, ~` OWNER S Mailing Address ~ - City, State and Zip +.~ L~u Telephone - - ` SURVEYOR ~.~D/~ M , 7`k4l~. Mailing Address F . o , o ,~ . ; City, State and Zip ~t_ ~ v./~`.. ~ as-9~7 Telephone 3~ c~ 4.r~A - ? ~ C:4-- PROPERTY DESCRIPTION General Location ~~'©~ w! ~t /~ rcJC. ~, ~F`tW~N to ~TN~~+;~.. ~ ~.~`~T ~ mar='. Address of Site (if assigned) _~.s34 ~, , ~7T!~ ~~^~'~' r Area of Project (in acres, if possible) ~`. / .Qf Area of entire contiguous ownership (if other than above) Section °Z. ~ Township / ~ N Range (~. Assessor's Tax Parcel Number(s) of property included in this application: ~~ 3j~)?1aC~~ ~•~'~tc'~DI~CmG~ 6~31caooi6c~c~ + ~•231~~17~ Zoning District Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must be consistent with zoning. Single Family, on Lots Duplex, on Lots Multifamily, on Lots Commercial, on Lots Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: _ None _ Septic tank (date installed ) ~ Sewer (SHOW ON MAP) Proposed sewage disposal: _ None _ Septic tank _ Sewer _ Other Existing water supply: _ None Individual well on lot(s) # (SHOW ON MAP) _ Community Well -Name of System or Owner ~ Municipal Water System -Name of Municipality __ ~ t7 Si a F YE= Lwt ~v ~~ ~ ~, ~ ~~ w a, ~; ;~~ ..~~ „~' ~ ~~ Proposed water supply: _ None _ Individual Wells _ Community Well -Name of System or Owner ~ Municipal Water System -Name of Municipality G r~ ~ F ~~~~ Special areas on your project site: (Show checked areas on map) )C None _ Creek or Stream River (Name) (Name) _ Lake/Pond (Name) Cliffs Has a portion of your project site ever flooded? _ Yes, when? _ SwampBog Draw/Gully _ No ~C Do not know (If yes, show area on map) BOUNDARY LINE ADJUSTMENTS ONLY Lot # A ,Lot Area in Square Feet 113 9(p Lot # ~ ,Lot Area in Square Feet I ~ 3`73 Lot # ~ ,Lot Area in Square Feet (19 3'7 Lot # ~ ,Lot Area in Square Feet j ©8 04- Does the property being subdivided have city/county/state road frontage? _ No `~' Yes City of j/E~/M County _ State If yes, name of road 1©"~ 7~H L,CL~~ 5 Right-of--Way width of road frontage ~` 5~r If no, width and length of private road, easement orright-of--way: feet wide by feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) For existing townhouse units being short platted: Do the common walls meet building and fire codes? Yes No 2. For proposed townhouse units: Has the applicant submitted the following to the Site Plan Review Committee? _ Yes _ No (If no, your short plat will be held pending the submittal of those items listed below.) A) Building Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shall be included as data on such plan. A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if it deems it not necessary. PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17". AFTER RECORDING MAIL TO: 7HURSTON COUNTY TITLE CO. C ~°% ,,/ c`t 105 E. 8TH Real Estaee Excise lax paid Receipt no. ~_ `~ _ ~ Date ~'~~' `-`~ OLYMPIA, WA 90501 Rohin L Hunt, Th rston Ca., T`rJ ~.. By ~?~ ~ ft'1Li Deputy era N ti Escrow Na.: 00It1699 THURSTON COUNTY TITLE CO. r" Statutory Warranty Deed l I I /09~~ ~- m of THE GRANTOR JCH DEVELOPMENT, a Washington general Partnership for and in ~'~ consideration of Ten Dollars and other valuable consideration in hand paid, conveys and wartants to :,,¢' OAKWOOD MOBILE HOMES INC., , a North Carolina Corporation the following described real estate, situated N the County ofThurstoq Stale of Washington: Lots 7, 8, 9, 13, 26, 27, 26 and 29 of Mill Circle Estates recorded May 6, 1996, under File No. 3151856. SUBJECT TO covenants, conditions, restrictions, reservations, easements and agreements of record, if any. Assessor's Property Tax Paz<el Accoun[ Numb<r(s): 6231-00-00700/02900(170), 6231-00-00800/02600(170), 6231-00-00900(170),6231-00-02600/02700101300(170) Dated this 26th day of August, 1999. \~HDEVELOPMENT ~-.~~<s')sz~y) ~~~ S~ ~,,Ci~w`r' STATE OF WASHINGTON 1 COUNTY OF Thurston J7 u I certify that I know or have satisfactory evidence Otat JOHN HUDDLESTON IS the persom who appeared before me, and said persons acknowledged that AE signed this instrument, on oath stated that HE IS authorized to execute the inaWment and acknowledged it as the h1EMBER of 7CI1 DEVELOPMENT to be the free and voluntary act of such party for Ore uses and purposes mentioned in this instrument. Dated: AUGUST 26,1999 "~~NE7T ~~~ ~1 ~ ~ ~ ~ ~ ~.l G'1 F., 7 "~'~T E M' ~ElN nnette M. Defines f p ~~ Ry Pf ,e ES Norary Public in and far the SWtr of Washington ~, ~ ~Of )y V «(z, Residing at OLYMPIA ;kMf^+SWpN My appointment expires: 11-09-OZ ~-~2ES ac hsa~r~soooxwn n~.. iaasrsa H L+rPB-10 IIIIII~IIIIII~I~I~IIIII~IIIIIII~III~I~IIIIIIIIIII~III 3 ~1 ~OOOR.t7P Real Estate Ex ill$$rr/g~~~tjax~~p~~ai ~ R ceipt noL7~K~~G.-gi Dat obi .Hunt, o Co., eas. gy Deputy After recording return to; Michael Dimmick and Julienne Dimmick 15342 107th Loop SE Yelm, WA 98597-9598 Legal Description (abbreviated): Lot 12, Mill Circle Estates Additional Legal on page: Assessor's Tax Parsel~ID#: 62310001200 Refe : 1 018432~E~ \2' ''~~~~ STATUTORY WARRANTY DEED THE GRANTOR(S), Oakwood Mobile Homes, Inc., a North Carolina Corporation for and in consideration of Ten ($1D.00) Dollars and other good and valuable conslderation in hand paid, conveys and warrants to Michael Dlmmlck and Julienne Dimmick, husband and wife the following described real estate, situated in the County of Thurston, State of Washington: See Exhibit A attached hereto. Subject to: Those items specifically set forth on Exhibit B attached hereto and by this reference made a part here of. Dated: February 14, 2002 Oa ~ od bil Homes, Inc. ~u ~1 ~~ Signature State of Washington 55: County of Thurston ) On this ~n day of .~ _, before me the undersigned, a Notary Public in and for the S to of Washingto ,duly appointed and sworn personally appeared to me known to be the~of Oakwood Mobile Homes, Inc., the corporation that executed the foregoing instrument and acknowledged the said Instrument to be the free dnd voluntary act and deed of said corporation, for the uses and purposes therein mentioned and on oath stated that authorized to execute the said Instrument and that the seal affixed (if any) is the corporate seal ofsaldcorporatlon. `dfsC-c~l+'~+a~ f1'l~n~,~J2r-~ GiveQi under }ny hand ~d offlclal seal the day aid year last above written I' L • I n ~? ~._ Kil`nb2rly M. Easterc(~ Notary Public in and for the State of Washin~c ton. Residing at Rochester. My Appointment expires: 0 04. NOTARY PL1BL State of Washin n KIMBERLY M. EAST Commisflan ~pWe tlereh 8, Transnation Tide Insurance Company Statutory Warranty Deed LPB-10 (7/97) WA.10.43.00 r~~ 4~. ~'r.i r~ .,, c •~ z .~ ~t~ t,.l r; I (VIII VIII VIII HIII IIII IIIIIIII VIII III VIII IIII (III P 2tiIZBA2 82 59P TRANSNRTiON TtTIF INSURRN D Stt.BR Thurston Ca, uA Order No.: 10018432 Page 2 of 2 Legal Description Statutory Warranty Deed dated February 14, 2002 EXHIBIT A LOT 12 OF THE PLAT OF MILL CIRCLE ESTATES, AS PER PLAT RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. 3415028 Page 2 of 3 e.re~zeez ez:ssP Thurston Co, UA Order No.: L0018432 EXHIBIT B 1. Liability for supplemental taxes for improvements which have recently been constructed on the land. Land improvements are not presently assessed, but may appear on future rolls. 2. ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY MILL CIRCLE COMMUNITY ASSOCIATION. 3. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY SHORT SUBDIVISION N0. 55-8155, AS RECORDED UNDER RECORDING NO'S. 9509270176 AND 9509270177. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 4. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MILL CIRCLE ESTATES, AS RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151856. RIGHTS OR BENEFITS, if any, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 5. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151857 REGARDING: STORMWATER FACILITY MAINTENANCE AGREEMENT 6. WARRANTY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MAY 6, 1998 RECORDING NO.: 3151858 REGARDING: IMPROVEMENTS 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: DISCLOSED BY: BILL OF SALE RECORDED MAY 6, 1998 UNDER RECORDING NO. 3151859 PURPOSE: WATER MAINS AREA AFFECTED: A PORTION OF SAID PREMISES 8. Covenants, conditions and restrictions imposed by instrument recorded on MAY 6, 1998, under Recording No. 3151861, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. 9. Provisions contained in the Articles of Incorporation and Bylaws of MILL CIRCLE COMMUNITY ASSOCIATION recorded May 6, 1998, under Recording No. 3151862. 10. ORDINANCE AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 3, 1998 RECORDING NO.: 3176833 REGARDING: ORDINANCE #607 -UTILITY LOCAL IMPROVEMENT DISTRICT (ULID) I IIIlII VIII VIII VIII IIII IIIIIIII (IIII III VIII IIII IIII Bz ~Ii12882 923 59P Toaucuarrnu rrTir rN~iaaN n stt AR ?hurston Co, UR Return Address City of Yelm Attn: Dana Spivey PO Box 479 Yelm WA 98597 Document titre(s) (or transactions conta[ned therein): 1. Ordinance #607 - Utility Local Improvement District (ULID) 2. 3. 4. Reference Number(s) of Documents assigned or released: (on page of documents(s)} , Grantor(s) (L~st~me~first game, middle initial) 2. 3. 4. ^ Additional names on page _ of document Grrntce(s) (Lest name, first nsme, middle initial) 1.~u- ALL 2. 3. 4. ~ Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) ® Additional legal is onpage 7of document Assessor's Property Taz Parce[/Account Number: ~!~a~~~~~u~~NUU~~~y~~ ~ ~~~:vY,=:~ C1TY OF YELM ORDINANCE NO. 607 AN ORDINANCE of the City of Yelm, Washington, approving and confirrning the method of assessment, base assessment and supplemental assessments for a Utility Local Improvement District (ULID) far fhe City's Wastewater Reuse Protect WHEREAS, the Notice of Intent to form a U61ity Local Improvement District was published and approved on September 24, 1997 under Resolution No. 367 (copy attached as Exhibit I); and WHEREAS, Yelm's Wastewater Reuse Project is substantiallyfunded in the amount of $7.1 million, with the remaining $2 million still needing funding; and WHEREAS, benefits of the ULID to the identified properties within the Special Benefit Districts include an ability to process new developments end pemlEt joint extension of Infrastructure, roads, and other fadlities necessary to development NOW, THEREFORE, the Cily Coundl of the City of Yelm does ordain as follows: edion The $2 million of remaining needed funding for the Wastewater Reuse Protect shall be allocated to six Spedai Benefit Distrfcts_ 5 Comers, Canal Road, IGI[ion Road North, IG1Don Road South; Mill Pond, and -West Road, all of which benefit by the subject ULID (see Exhibit II hereto which Identifies the Spedai Benefit Districts). dio The purpose of the ULID is to provide funds for payment of revenue bands designed to pay the ULID share. The assessments authorized hereunder shall be for the sole purpose of payment into a hond fund to defray a portion of the costs connected with building or finandng the Wastewater Reuse Project. Any cost over runs of the Wastewater Reuse Project shall not be a cost of the ULID. Section 3. The method of assessment to the Spedai Benefit Districts for the ULID sha[I be based upon land use designation and other factors reflecting the special benefits which may be available from the Wastewater Reuse Project Section 4. Such assessment method shall use a base assessmerrt of 1 ERU per acre of property, or fraction thereof. (An EAU Is an Equ(valent Residential Unit and reFlects approximately 900 cubic feet of wastewater discharge monthly.) The base assessment shall not Include properties exempt because they are already hooked to sewer or are impacted by cxitical areas, such as wetlands and floodplains. Section 5. Supplemental assessments may also be requested by a properly owner within a Spedai Benefit District Sudti supplemental assessment shall be the number of additional units, not to exceed' zoning limits, which the owner desires for development purposes. Illlllllllllllllllillllllllllllllllllil~l + P ~e 683 13 CIiY DF YELM ~IIININIIIII A9/d311998 12 A8P ORD !25.89 Thurston L'u, UA Section s. The estimated cost for the UUD Is $2,000 per ERU and may vary from estimates, but shall not exceed the true and fair market value of the Improvement and the estimated benefits of the particular property, end shall not cumulatively exceed $2 million. (See Exhibit III for specific properties end assessment amounts.) Section 7. Purchasers of ERUs shall be given the right to relocate the unused ERUs, one parcel to another, or to transfer the ERU back to the City after a reasonable period of tlme (10 years) 3f unused. S i 8. The City engineer has prepared a statement of costs and assessments which has been mailed to all benefited properties. echo 9. The 30-day protest period shall commence as provided by law in RCW 35.43,180. PASSED AND APPROVED this 22nd day of October, 1997 //~l, GUrC,( By thryn M. Wolf, Mayor ATTEST: ~~4 ~ ~.~. Agn P. Bernick, Clty Clerk(I'reasurer Published: Nisqually Vatley News, Odobec ~, 1997 Iillll IIIII Illll IIII If Illll Illf 1111111III IIIII 111 a 9a 68 8319 CITY DF YELM IIIII 2 n8P ORD 325.AA Thurston Co, iJR 3 CORNER DISTRICT ARCHIBALD, NANCY ETAL GIS Aues: 4.86 ASSESSMENT: COMMENTS: t 72729320400 P. O. Box 1063 Base: 5 Base: 210,000 RAINIER. WA 96576 Supplement 0 SuDD: i 5 CORNER Total ERU; s: 5 Total ERU's: $10,000 ARCHIBALD, NANCY ETAL GIS Aues' 5.43 ASSESSMENT: COMMENTS: 2 22729320200 14916 TURNER RD SE Base: 3 Base: $8,000 '2.56 RAINIER, WA 98576 Supplement 0 Supp: i 5 CORNER Total ERU;s: 3 Total ERU's: 58,000 CHRLSTENSEN, EVELYN G GIS Aues: 10,78 ASSESSMENT: COMMENTS: 3 64303400400 10520 CRKST SE Base: 9 Base: 518,000 •8.78 YEtA4, WA 99597 Supplement 0 Supp: $- 5 CORNER Total ERU; s: 9 Total ERU's 318,000 DAMITIO, CORNELIA N GIS Aues: 1.58 ASSESSMENT: COMMENTS: 4 64303]00300 972662ND AVE SE Base: 2 Basa: 34,000 OLYMPIA. WA 98513 Supplement 0 Supp: 3- 5CORNER Total ERU;s: 2 ToW ERU's: u,oo6 OAMITIO, CORNELIA N GIS Aues: 1.64 ASSESSMENT: COMMENTS: 5 64303300400 972682ND AVE SE Base: 2 Base; 54,000 OLYMPIA, WA 98513 Suppement 0 Supp: ~ i- 5CORNER Total ERU;s: 2 Total ERU's: $4,000 FULLER, JOHN D GIS Aues: 5.83 ASSESSMENT: COMMENTS: 6 64303400501 PO BOX 187 Base: S Base: $8,000 '3.31 ~~ YELM, WA 86597 Supplement 0 Supp: j- 5CORNER 'Total ERU;s: 3 Total ERU's: $6,000 FULLER, JOHN D GIS Aues: 0.89 ASSESSMENT: COMMENTS: 7 6430]400502 PO BOX 187 Base; 1 Base: $2.000 YELM, WA 96597 Supplement 0 Supp: $- 5CORNER Tatal ERU; s: 7 Total ERV's: $2,000 HASSAN CORP GIS Aues: 0,4 ASSESSMENT: COMMENTS: 8 64303200701 71908 PACIFIC AVES Base: 1 Base: $2,000 TACOMA, WA 9B4M Supplement 0 Supp; 3- SCORNER Total ERU;s: 1 Total ERU's: f2, 000 HASSAN CORP GIS Apes: 0,1 ASSESSMENT: COMMENTS: 9 64303200702 11908 PACIFIC AVES Base: 1 Base: 52,000 TACOMA, WA 98444 Supplement 0 Supp: $- 5CORNER Total ERU;s: 1 Total ERU's: $2.000 HASSAN CORP GIS Aues: 0.77 ASSESSMENT: COMMENTS: t0 64303200703 17908 PACIFIC AVES Base: 1 Base: $2,000 TACOMA, WA 984M Supplemem: 0 Supp: $- 5 CORNER Total ERU; s: 1 Total ERU's: E2,000 HULL, LINDA M GIS Acres: 6.111 ASSESSMENT: COMMENTS: 11 64]07200700 PO BOX 662 Base: 3 Base; $8,000 '3.43 YELM, WA 98597 SupplemenC 0 Supp: 5- SCORNER Total ERU;s: 3 Total ERV's: 56,000 HULL, LINDA M GIS Aues: 0.73 ASSESSMENT: COMMENTS: 12 64303200704 PO 60% 682 Base: 1 Base: 52,000 YELM, WA 98597 Supplement: 0 Supp: $- 5CORNER Total ERU;s: 1 Total ERU's: $2,000 LASHER, WARREN J GIS Aues: 0.8 ASSESSMENT: COMMENTS: 17 64303100100 1121 GOLF CLUB RD SE Base: 1 Base: 32,000 LAC EY, WA 98503 Supplement: 1 Supp: $2,000 5 CORNER Total ERUS: 2 Total ERU's: 54,000 LEFEBVRE, LEO A GIS Apes: 3.82 ASSESSMENT: COMMENTS: 74 22730140300 PO BOX 1058 Base: 4 Base: 58,000 YELM. WA 98597 Supplement 15 Supp: 330,000 5 CORNER Total ERUS: 19 Tolal ERU's: 538,000 NEILSEN, LARRY W GIS Aues: 0.52 ASSESSMENT: COMMENTS'. 15 64307200705 7528 320TH STS Base: 1 Base: 52,000 ROY, WA 98560 Supplement 0 Supp: $- 5CORNER Tatal ERU;s: 1 Total ERU's: $2.000 SCHORNO, LAWRENCE JIGAIL GIS Aues: 0.68 ASSESSMENT: COMMENTS: 78 22730140400 18217 H/1N 507 SE Base: i Base: 32,000 YELM, WA 98597 Supplement: A Supp: s8,000 5 CORNER Total ERUS: 5 Total ERU's: f 10,000 WILSON, RAYMOND L GIS Aues: 1.86 ASSESSMENT: COMMENTS. 17 64303300200 PO BOX 42 Base: 2 Base: $4,000 MCKENNA, WA 98558 Supplement 0 Supp: 3- 5 CORNER Total ERU;s: 2 Tolal ERU's: E4,000 IIIIII Illll III~I ~~~~ ~~~~~~~ ~~~~ IIIIIII III VIII ~~~~ ~~~~ 89~~'0 68 33 ~l e8P CITY OF YELM ORS #25.88 Thurston L0, IJfl GIS Aaes: 46.76 ASSESSMENT: COMMENTS: Base: 41 Base: j92,000 Supplement 20 Supp: j40,000 TotaE EROS: 81 Tolal ERV's: f122,000 II~II~~INV~IINVR~I~I~~ :~ s~,, CANAL DISTRICT BENUM, ROBERT/ANN GIS ACes: 25.19 ASSESSMENT: COMMENTS: 1 22717330100 PO BOX 73130 Baca: 24 eax: 548,000 PUYALLUP, WA 98373 Su DDlement 76 Supp: 5152.000 CANAL Total ERU;s: 100 Total ERU's: E200.000 BENUM, ROBERTiANN GIS Aaes: 0.79 ASSESSMENT: COMMENTS: 2 61301200100 PO BOX 73130 Base: 0 Base: Y PUYALLUP, WA 99373 $uDDlement 8 SuDP: 516,000 CANAL Total ERU: s: B Total ERU's: 516,000 JULSON, LEONARD TRUST GIS Aaes: 11.49 ASSESSMENT: COMMENTS: 3 22718410100 9211 WILKENSEN RD SE Base: 10 Base: 520,000 YELM, WA 98597 Supplement: 0 Supp: S- CANAL TOlal ERU;s: 10 Total ERU's: 320,000 JULSON, LEONARD TRU57 GIS Aues: 7.76 ASSESSMENT: COMMENTS: 4 22718440600 5211 7MLKENSEN RD SE Base: 6 Base: 512,000 YELM, WA 98597 SuDDlement. 0 Supp: S- CANAL Total ERU;s: s Total ERUb: 312,000 O REAR, MICHAEL H GIS Acres: 14.04 ASSESSMENT: COMMENTS: 5 61300400200 4635 FOXTRAIL DR NE Base: 14 Base: 528,000 OLYMPIA, WA 98618 Supplement 0 Supp: ~ CANAL Total ERU;s: it Total ERU's: 528.000 ROTI4WELL, JOSEPH C GIS Acres: 2.27 ASSESSMENT: COMMENTS: 6 61]01000403 76630 CANAL RD SE Base: 1 Bax: 52,000 YELM, WA 98597 Supplement 0 Supp: S- CANAL Total ERU;s: 1 Total ERU's: 32,000 STERNOFF. IRVING J TRUST GIS Aues: 10.53 ASSESSMENT: COMMENTS: 7 64300900100 10115 82ND ST NE 1401 Baze: 11 Base: f22,000 KIRKLAND, WA 98033 Supplement: 0 Supp: S- CANAL TolaI ERU;s: t1 Total ERU'r. 322,000 SWEANEY, JOHN C GIS Aaes: 3.81 ASSESSMENT: COMMENTS: 8 64301000402 16636 WNAL RD SE Base: 3 Base: 58,000 YELM, WA 98597 Supplement 0 Supp: Y CANAL Total ERU;s: 3 Totai~ERU's: 56.000 GIS Aues: 75.48 ASSESSMENT: COMMENTS: Base: 69 Base: 5138,000 Supplement: B4 Supp: 5168,000 Total ERDS: 153 Total ERU's: 5306,000 I IIIIII VIII Ilill III) IIIIIII IIII IIIIIII III VIII IIII IIII ~9e se ~3 ~l aeF CITY OF YELf1 ORO !25.66 Thurston Co, UR KILLION NORTH DISTRICT BERGIN, MICHAELIDENISE GIS ACres: 0.28 ASSESSMENT: COMMENTS: 1 21724710102 9331 GULLENS RD SE Base: 0 Base: i YELM. WA 98597 Supplement 0 Supp: i KILLION N. Total ERU;s: 0 Total ERU's: S- BILLINGSLEA, CLIFFORD M GIS ACres: 2.67 ASSESSMENT; COMMENTS: 2 75730000fi00 PO BO% 1104 BASE: 2 Base: 54,000 RAINIER, WA 911576 Supplement 22 Supp: 544.000 KILLION N. Total ERU:s: 24 Total ERU's: 348,000 BIRBARI, DEREK F GIS Acres: 0.39 ASSESSMENT: COMMENTS: 3 21724270101 1314 W YELM AVE Base: 1 Base: 52,000 YELM, WA 98597 Supplement 0 Supp: t KILLION N. Total ERVS: 1 Total ERlfs: 52.000 CANOIOTTA, GIS ACres: 1.07 ASSESSMENT: COMMENTS: 4 2fl13740401 JOSEPHIPATRICU Base: 0 Base: i 2TN 0197 3 PONCE DE LEON TER SW Supplement: 0 Supp: i KILLION N. TACOMA, WA 98499 Total ERU:s: 0 Total ERlfs: S- CARPENTER,MARKILINDA GIS AUes: 2.96 ASSESSMENT: COMMENTS: 5 21777]40100 PO BOX 77 Base: 2 Base: 14 o00 MCKENNA, WA 98558 Supplemen7: o Supp: i KILLION N. TOlal ERU:S: 2 TOkI ERU's: 54,000 CHARLES, BEN GIS ACres: 0.39 ASSESSMENT: COMMENTS: 6 21721210102 1318 W YELM AVE Base: 1 Base: 52,000 YELM, WA 98597 Supplement 0 Supp: i KILLION N. Total ERU:s: 1 Total ERU's: 32,000 FOSTER, CHARLESIMAUREEN GIS Acres: 0.95 ASSESSMENT: COMMENTS: 7 21717]40501 PO BOX 2017 Base: 0 Base: i YELM, WA 98597 Supplement 0 Supp: S- KILLION N. Total ERUS: 0 Total ERU's: S- FOURRE, EVA MAE GIS Attes: 0.84 ASSESSMENT: COMMENTS: B 21717740101 9107 MTN VW RD SE Base: 0 Base: S YELM, WA 90597 Supplement 0 Supp: i KILLION N. Total ERU:s: 0 Total ERU's: S- GOODARD, NADJA M GIS Acres: 0.49 ASSESSMENT: COMMENTS: 9 21717740105 9105 MTN V W RD Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: i KILLION N. ToUI ERU;S: 0 Total ERU's: j- GOODWIN, EMMITT L GIS Acres: 1.85 ASSESSMENT: COMMENTS: 10 2171]710100 PO BOX 371 Base: 1 Base: 52.000 YELM, WA 98597 Supplement 0 SuDP~ S- KILLION N. Total ERU;s: 1 Total ERU's: 52.000 GOOOWIN,EMMITTL GIS ACres: 2.85 ASSESSMENT: COMMENTS: 11 21713]10200 PO BOX 371 Base: 2 Base: 54,000 YELM, WA 98597 Supplement 0 Supp: i KILLION N. Total ERUS: 2 Total ERU's: 54,000 GRAY, FLOYD AIAPPOLONIA GIS Acres: 1.89 ASSESSMENT: COMMENTS: 12 21717740502 9339 MTN VW RD SE Base: 1 Base: 52,000 YELM, WA 911597 Supplement D Supp: 5- KILLION N. Total ERU:s: 1 ToWI ERU's: 52.000 GUSTiN, GLORIA TRUSTEE GIS Acres: 4.81 ASSESSMENT: COMMENTS: 13 21717]40000 1510 EAST KRISTIAN NA CIR Base: 4 Base: 38,000 SALT LAKE CTY, UT 84103 SupplemenC 0 Supp: S- KILLION N. Total ERU;s: 4 Total ERU's: S8 000 GUSTIN, GLORIA TRUSTEE GIS Acres: 4.73 ASSESSMENT: COMMENTS: 74 21711340200 1610 EAST KRISTIANNA CIR Base: 4 Basa; 58,000 SALT LAKE CTY, UT 84103 Supplement 0 Supp: 5- KILLION N. Total ERU;s: 4 Total ERU's: 58,000 HAMBLEN, RONALD R GIS Acres: 4.7d ASSESSMENT: COMMENTS: 15 21717310101 5250 103RD AVE SE Base: 4 Baze: j8,000 OLYMPIA, VUA 98513 Supplement: 0 Supp: j. KILLION N. Total ERLI;s: a Total ERU's; 58,000 HOFFMAN, PAULN GIS AUes: 2.77 ASSESSMENT: COMMENTS: 16 21724110700 PO BOX 892 Base: 2 Base: 54,000 YELM, WA 98597 Supplement' 0 Supp: i KILLION N. Total ERU:s: 2 Total ERU's: E4,000 HOLLAMER INVESTMENTS GIS Acres:. s.83 ASSESSMENT: COMMENTS: 77 21724120402 LLC Base: 7 Base: 314,000 920 E BAY OR NE APT 3D301 Supplement: 0 Supp: S- KILLION N. OLYMPIA. WA 98508 Total ERU:s: 7 Total ERU's: 514,000 ~I~II~IlI~lll~llfil~llll~IlI~IIIINiIII II~~IIII lilt IIII a~ a 68 s3i~ eaF' C[TY OF YELM ORO S25.A8 Thurslorl l.o, I~ HOLLAMER INVESTMENTS G1S Aues: 3.91 ASSESSMENT: COMMENTS: 18 21724120401 LLC Base: 4 Base: 58,000 920 E BAY DR NE APT 30301 SupplemenC 0 Supp: S- KILLION N. OLYMPIA. WA 98506 Total ERU;s: 4 Tdal ERA's: 58,000 HUTSON, GARY GILESLIE J GIS Acres: 9.65 ASSESSMENT: COMMENTS: 19 217132401 D2 15302 UNION AVE 51N Base: 9 Base: 518.000 TACOMA, WA 98498 Supplement: 30 Supp: SBD,ODO KILLION N. Total ERU;s: 39 Tdal ERU's: 576,000 J C H DEV GIS Aues: 4.77 ASSESSMENT: COMMENTS: 20 21713340600 PO BOX 1208 Base: 5 Base: 570,000 YELM, WA 98597 Supplement 10 Supp: 320,000 KILLION N. Total ERU;s: 15 Total ERU's: 530,000 JCH DEV GIS Aaes: 0.99 ASSESSMENT: COMMENTS: 21 21713330200 PO BOX 1206 Base: 1 Base: 52,000 YELM, WA 98597 Supplement: 2 Supp: 34,000 KILCION N. Total ERU:s: 3 Total ERU's: 56,000 JCH DEV GIS Aaes: 5.32 ASSESSMENT: COMMENTS: 22 21713340300 PO BOX 1206 Base: 5 Ba59: 570,000 YEU+1, WA 98597 Supplement: 70 Supp; 520,000 KILLION N. Total ERU;s: 75 Total ERU's: 330,000 JCH DEV GIS Aues: 0.15 ASSESSMENT: COMMENTS: 23 21724110502 PO BOX 1206 Base: 0 Base: S- YELM, WA 98597 SuPPIemeM: 0 Supp: S- KILLION N. Total ERU;s: 0 Total ERU's: E- JCH DEV GIS Aues: 3.61 ASSESSMENT: COMMENTS: 21 21724110507 PO BOX 1206 Base: 3 ~ Base: 58,000 YELM, WA 98597 Suppkmenl: 17 Supp: ;34 000 KILLION N. Total ERU;s: 20 Total ERU's: 540,000 JGH DEV GIS Aaes: 0.06 ASSESSMENT: - COMMENTS: 25 21724110504 PO BOX 1208 Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: 5- KILLION N. Total ERU;s: 0 Tatal ERU's; i JOHNSON, MARLYN GIS Aaes: 4.14 ASSESSMENT: COMMENTS: 28 21713370000 RIDARLENE Base: 0 Base: E8,000 8810 OURNETT RD SE SupplemenC 0 Supp: S- KILLION N, YELM, WA 98597 Total ERUS: 4 Total ERU's: 58.000 KAFFEL, MARY LOU GIS Aues: 1.19 ASSESSMENT: COMMENTS: 27 21713310502 8007 MOUNTVIEW DR Base: 0 Base: ;- YELM, WA 98597 Supplement: 0 Supp: ;- KILLION N. Total ERU;s: 0 Total ERU's: S- KALUHIOKALANI, KARL GIS Acres: 0.45 ASSESSMENT: COMMENTS: 28 21713340505 PO BOX 994 Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: S- KILLION N. Total ERU;s: 0 Total ERUS: S- KILLION COURT ASSOC GIS Acres: 2.54 ASSESSMENT: ~ COMMENTS: 29 27724120403 7922 56TH DR NE Base: 0 Basa: E- MARYSVILLE, WA 98270 Supplement: 0 Supp: Y KILLION N. Total ERU;s: 0 Total ERU's: S- KITCHEN,JAMESA GIS Acres: 0.43 ASSESSMENT: COMMENTS: 30 21724210104 PO BOX 869 Base: 0 Base: ;- RAINIER, WA 98576 Supplement 1 Supp: 52,000 KILLION N. Total ERU;s: 1 Total ERU's: 52.0017 KITCHEN, JAMES C GIS Acres: 0.66 ASSESSMENT: COMMENTS: 31 21724210100 PO BOX 869 Base: 7 Base: 32.000 RAINIER. WA 98576 Supplement 0 Supp: S KILLION N. Total ERU:s: 1 Total ERU's: 32.000 KOLILIS, FREDERICKLII GIS Acres: 1.01 ASSESSMENT: COMMENTS: 32 27713340401 7512 W YELM AVE Base: 0 ease: S- YELM, WA 98597 Supplement 0 Supp: S- ~ KILLION N. Total ERU:s: 0 To1a1 ERU's: S- MALAN.MIKE GIS Aaes: 0.75 ASSESSMENT: COMMENTS: 33 21713340106 PO BOX 747 Base: 1 Base: E2,000 YELM, WA 98597 SuppkmenC 13 Supp: 326,000 KILLION N. Total ERUS: 14 Total ERU's: 528,000 MALAN. MIKE GIS Acres: 5.70 ASSESSMENT: COMMENTS: 34 21713340404 PO BOX 747 Base: 0 Base: 5- YELM, WA 98597 Supplement a SuDP: $- KILLION N. Total ERU;s: o Total ERU's: S- ```` ``I I `lllll~IlyllylVllllllyVIII~I as a fib $3~'uR~P `I II~ II~II II~~~I~I~ I~t~lI1 X5.80 Thurston 1 Il~ OFD CITY DF YELI1 MC FALL. CLIFFORD GIS Aaes: 0.28 ASSESSMENT: COMMENTS: 35 21724110501 PO BOX 476 Base: 0 Base: f- BRINNON, WA 98320 Supplement: 0 Supp: ¢ KILLION N. Total ERUS: 0 Total ERU's: y MOREY, HENRIETTA L GIS Acres: t.a6 ASSESSMENT: COMMENTS: 36 21713310400 PO BOX 187 Bas@: 0 Baze: i RAVENSDALE. WA 98057 Supplement: 0 Supp: S- KILLION N. Total ERU:s: 0 Total ERU's: y MOREY, HENRIETTA L GIS Aues: 1.42 ASSESSMENT: COMMENTS: 37 21717310402 PO BOX 183 Basa: 0 Base: y RAVENSOALE, WA 98051 Supplement: 0 Supp: y KILLION N. Total ERU;s: 0 Total ERU's: S- PETVETS OF WA LLC GIS Aaes: 1.42 ASSESSMENT: COMMENTS: 38 21724120401 1120 YELM HWY W Base: 0 Basa: (- YELM, WA 98697 Supplement: 0 Supp: f- KILLION N. Total ERU;s: 0 Total ERU's: 5- RIDGWAY, JAMES N GIS Aces: 2.72 ASSESSMENT: COMMENTS: 38 21724130100 PO BOX 100 Base: 3 Base: 56,000 FJITONVILLE. WA 98728 Supplement 0 Supp: S- KILLION N. Total ERUS: 7 Total ERAS: Sfi,000 ROCHESTER, RICHARD S GIS Aues: 0.28 ASSESSMENT: COMMENTS: a0 75730000500 4x1045TH AVE SE Base: 0 Base: y LACEY, WA 9850) Supplement' 0 Supp: S- KILLION N. Total ERU;s: 0 Total ERU's: S- ROCHESTER, RICHARD GIS Aues: 0.28 ASSESSMENT: COMMENTS: 41 75730000100 SlTHEI.MA ~ Base: 0 Base: y 481045TH AVE SE Supplement: 0 Supp: 5- KILLION N. LACEY, WA 98503 Total ERU;s: 0 Total ERU's: S- ROCHESTER, RICHARD GIS Acres: 0.27 ASSESSMENT: COMMENTS: 42 75730000200 SITHELMA Base: 0 Base: S- 481045THAVESE SupplemenC 0 Supp: y KILLION N. LACEY, WA 98503 Total ERU;s: 0 Total ERU's' S- ROCHESTER, RICHARD GIS Aues: 0.35 ASSESSMENT: COMMENTS: 43 75730000300 S/TF7ELMA Base: 0 Base: y 481045TH AVE SE Supplement: 0 Supp: 5- KILLION N. LACEY, WA 98507 Total ERU;s: 0 Total ERU's: S- ROCHESTER,RICHARO GIS Aces: 0.2B ASSESSMENT: COMMENTS: 44 75730000400 SRHELMA Base: 0 Base: 5- 481045THAVESE Supplement' 0 Supp: 5- KILLION N. LACEY, WA 88503 Total ERU;s: 0 Total ERU's: 5- SCHULER FAMILY TRUST GIS Acres: 1.85 ASSESSMENT: COMMENTS 45 21717710401 P. 0. BOX 11442 Base: 1 Base; SZ,000 OLYMPIA, WA 98508 SupplemenC 10 Supp: 520,000 KILLION N. Total ERU;s: 11 Total ERUS: 522,000 STEELS, WFLLWM C GIS Aues; 0.95 ASSESSMENT: COMMENTS: 46 21717340507 9209 MT VIEW RD SE Base: 0 Base: i YELM, WA 98597 Supplement 0 Supp: y KILLION N. Total ERU;s: 0 Total ERU's: s- STOREM, MARJORIE E GIS Acres: 0.57 ASSESSMENT: COMMENTS: 47 21724210107 1]1DYELM AVEW Base: 0 Base: y YELM, WA 96597 Supplement 0 Supp: y KILLION N. Total ERU;s: 0 Total ERU's: S- SUKUPA, LILA E GIS Acres: 0.65 ASSESSMENT; COMMENTS: 48 21724210202 715 NW MOUNTAIN VIEW DR Base: 0 Base: S- YELM, WA 96597 Supplemene 0 Supp: f- KILLION N. Total ERU;s: 0 Total ERU's: S- TAYLOR, HAROLD GIS Aaes: 1.27 ASSESSMENT: COMMENTS: 49 2177737050) UGERALDINE Base: 0 Base: 5- 8875 MOUNTAIN VIEW RD SE Supplement 0 Supp: S- KILLION N. YELM, WA 98597 Total ERUS: 0 Trial ERU's: S- 7HOMPSON, PAVL H GIS Aues: 1.27 ASSESSMENT: COMMENTS: 50 21773710500 B80J MOUNTAIN MEIN RD SE Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: f- KILLION N. Total ERU;s: 0 Total ERU's: S- THONG, SAMIFIONA GIS Aces: 2.94 ASSESSMENT: COMMENTS: 51 2'1724110100 2367 DUNDEE DR Base: 2 8au: 54,000 SANTA CLARA, CA 95051 Supplement: 0 Supp: y- KILLION N. Total ERU;s: 2 Total ERU's: 54.000 ~I(NII~~I~IIIIIII~IIIII~IIII~II ~Illlif IIII~III ~II~I~~I a a 368 a321 eaP CITY of YELI1 QRO f25.0d Thurston Cu, UA UEMURA, CARRIE K ETAL GIS Aues: 0.53 ASSESSMENT: COMMENTS: 52 21724110500 9445 CULLENS RD SE Base; 0 Base: $- VELM, WA 98597 Supplement: 0 Supp: S- KILLION N. Total ERU,s: 0 Total ERU'S: 5- WILSON, DAVID V GIS Aues: 1.1 ASSESSMENT: COMMENTS: 53 21711340402 651527TH LN SE Base: 1 Box: 52,000 LACEY, WA 98503 Supplement 0 SuDD: S- KILLION N. Total ERU:s: 1 Totat ERU's: 52.000 YORK, DON G GIS Aues: 1.22 ASSESSMENT: COMMENTS: 54 21713]1D501 11722 NE 148TH PL Base: 0 Base: S- KIRKLAND, WA 9E034 Supplement: o Supp: 3- KILLION N. Total ERU;s: 0 Total ERU's: S• GIS Aae3: 107,23 ASSESSMENT: COMMENTS: Base; 71 Base: 5142,000 Supplement: 115 Supp: 5230,000 Total ERU;s: 186 Total ERU's: E372,000 IIII((ill111111lllllliillilillllllllll11111111111N111( ~3688o2A8P CITY ~7F YELM ORD t25.BA Thurston Co, erA xre.uonr sourtr orsrRrcr CLEMENS, MARY LOUISE GIS Awes: 2.19 ASSESSMENT: COMMENTS: 1 21724420502 15030 LDNGMIRE ST SE Base: 1 Base: 52,000 YELM, WA 98597 Supplemenk 0 Supp: 5- KILLION S. Total EROS: 1 Tdal ERU's: S2,o00 OIRA, NICKJ ETAL GIS Aves: 4,5 ASSESSMENT: COMMENTS: 2 21724142001 3432 BELVIDERE AVE SW Base: 5 Base: 510,000 SEATTLE. WA 98126 Supplement a Supp: S• KILLION S. Total ERU;s: 5 Tdal ERU's: 570,000 DONOHUE CONST CO INC GIS Aves: 4.87 ASSESSMENT: COMMENTS: 3 21724420300 730 SLEATER KINNEY RD SE base: d Bdse: 58,000 LACEY. WA 98503 Supplement 45 Supp: ;90,000 KILLION 5. Total ERU;s: a9 Tdal ERU's: 598,000 DRAGT, HENRY W GIS Aues: 39.34 ASSESSMENT: COMMENTS: 4 21724310100 14848 LONGMIRE ST SE Base: 38 Base: 376,000 YELM, WA 98597 Supplement 67 Supp: 5174,000 KILLION S. Total ERU:s: 125 Tdal ERU's: 3250,000 DRAGT, HENRY W GIS Acres: 20.47 ASSESSMENT: COMMENTS: 5 21724310100 14848 LONGMIRE ST SE Base: 19 Base: 539,000 YELM. WA 98597 Supplernant 108 Supp: 5212,000 KIILION S. Total ERU;s: 125 Total ERU's: 5250,000 HOffMAN, JESSE T JR ETAL GIS Acres: 5.07 ASSESSMENT: COMMENTS: 6 2172420501 9910 DURANT ST SE Base: 4 Base: 58,000 YELM. WA 98597 Supplement 0 Supp: S- KILLION S. Total ERU;s: 4 Total ERU's: 58,000 HUDDELSTON, JOHNICRISTA GIS Aves: 1.48 ASSESSMENT: COMMENTS: 7 21724130800 ETAL Base: 1 Base: 52,000 P.O.BO^ 1206 Supplement: 5 Supp: 570,000 KILLION S. YELM, WA 98597 Total ERU;s: 6 Total ERU's: 512,000 HUDOLESTON, JOHN D ETAL GIS Aues: 1.48 ASSESSMENT: COMMENTS: 9 21724130700 PO BOX 1206 Base: 1 Base: 52,000 YELM, WA 98597 Supplement 0 Supp: S- KILLION S. Total ERU;s: 1 Total ERU's: 52.000 LAUGHLIN, RONALD J GIS Aves: 4.51 ASSESSMENT; COMMENTS: 9 2172420800 15132 LONGMIRE ST SE Base: 4 Base: 58,000 22/10/97 YELM, WA 98597 SupplemenC 0 Supp: S- KILLION S. Total ERU; s: a Total ERV's: 59,000 RAMIREZ, JAMESA GIS Aues: 14.9 ASSESSMENT: COMMENTS: 10 21724137000 PO BOX 936 Base: 15 Base: 530,000 YELM, WA 98597 Supplement: 0 Supp: S• KILLION S. Total ERU;s: 15 Total ERU's: 530,000 RAMIREZ, JAMESA GIS Aues: 1.9 ASSESSMENT: COMMENTS: 11 21724130302 PO BOX 936 Base: 2 Base: 54,000 YELM, WA 98597 Supplement: 0 Supp: S- KILLION 5. Total ERU;s: 2 Total ERU's: 54,000 RAMIRE2, JAMESA Gl$ Aves: 0.67 ASSESSMENT: COMMENTS: 12 21724131100 PO BOX 838 Base: 1 Base: 32,000 YELM, WA ea597 SupplemenC 0 Supp: Y KILLION 5. Total ERU; s: 1 Total ERU's: 52,000 RAMIRF7, JAMESA GIS Aves: 1.99 ASSESSMENT: COMMENTS: 13 21724131200 PO BOX 938 Base: 2 Base: ;4,000 YELM, WA 98597 Supplement a Supp: ;- KILLION S. Total ERU;s: 2 Total ERU's:;4,000 ROTHWELL, RONALD O GIS Aues: 1.89 ASSESSMENT: COMMENTS: 14 2172420503 15050 LONGMIRE ST SE Base: 1 Base: 52.000 YELM, WA 911597 Supplement 0 Supp: S- KILLION S. Total ERU:s: 1 Total ERU's: 32,0011 TROLL, RUTH C GIS Acres: 2.96 ASSESSMENT: COMMENTS. 15 21724130900 801 YELM AVE W Base: 3 Base: 56,000 YELM, WA 98597 Supplement 0 Supp: ;- KILLION S. Total ERU; s: 3 Total ERU's: 58,000 GIS Aves: 108.22 ASSESSMENT: COMMENTS: Base: 101 Base: 5202,000 Supplement: 243 Supp: 3486,000 Total EROS: 344 Total ERU's: 5688,000 1111111 IIIII IIIII IIII 1111111 IIII 1111111 111 111111 III IIII ~~8 68 ~ °;`; 8 CITY OF YELL! ORD i25.0A Thurston Co, UR M11L POND ROAD D1STRfCT BRUGEON, DONALD GIS Acres: 3.69 ASSESSMENT: COMMENTS: f 21725140400 10625 MILLROAO SE Base: 3 Base: 56,000 YELM, WA 68597 Supplement: 0 Supp: 5• MILL POND Total ERUS: 3 Total ERU's: 58,000 BRUGEON, DONALD GIS Aues: 7.01 ASSESSMENT: COMMENTS: 2 21725140501 10625 MILLROAO SE Base: 0 Base: ¢ YELM, WA 98597 SupplamenC 0 Supp: ;- MILL POND Total ERUS: 0 Total ERU's: S- BRYAN, EDWARD A GIS Aues: 0.52 ASSESSMENT; COMMENTS: 3 11725110701 15305 SE 104TH AVE Base: 0 Base: S- YELM, WA 98597 Supplement: 0 Supp: S- MILL POND - 7otaE £RU;s: 0 Tolal ERU's: L CAMERON, DOUGLAS L GIS Aues: 0.52 ASSESSMENT: COMMENTS: 4 21725110700 15311 SE 104TH AVE Base: 0 Base: S- YELM, WA 98597 Supplement: 0 Supp: 5- MILL POND Total ERU; s: 0 Total ERV's: ¢ CARPENTER. MARISJ GIS Aues: 14.65 ASSESSMENT: COMMENTS: 5 21725111300 PO BOX 171 Base: 14 base: 328,000 MGKENNA, WA 98558 Supplement: 16 Supp: 532.000 MILL POND Total ERU;s: 30 Total ERU's: 560,000 OOTSON, JOHN GIS Aues: 1.93 ASSESSMENT: COMMENTS: 6 21725140700 10747 MILL RO SE Base: 1 Base: 52,000 Area adjusted YELM, WA 98597 Supplemene 3 Supp: 56,000 MILL POND Total ERU;s: 4 Tolal ERU'S: 58,000 EVERGREEN PACIFIC PROP GIS Aues: 4.67 ASSESSMENT: COMMENTS: 7 11725110200 INC. Base: 4 Base: 58.000 PO BOX 513 SuppemenC 0 Supp: S- MILL POND YELM, WA 98597 Total ERU;s: 4 Total ERU's: 58,000 EVERGREEN PACIFIC PROP GIS Aues: 3.03 ASSESSMENT: COMMENTS: 8 21725110100 INC Base: 2 Base: 54,000 PO BOX 513 Supplement: 0 Supp: S- MILL POND YELM, WA 98597 Total ERVS: 2 Total ERNS: 54,000 EVERGREEN PACIFIC PROP GIS Avos: 1.05 ASSESSMENT: COMMENTS: 9 21725110300 INC Base: 0 Base: S- PO BOX 513 SupplamenC 0 Supp: S- MILL POND YELM, WA 98597 Total ERU:s: 0 Total ERU's: S- EVERGREEN PACIFIC PROP GIS Aues: 5.73 ASSESSMENT: COMMENTS: 10 21725110500 INC Base: 5 Base: 510,000 PO BOX 51] Supplement 0 Supp: S- MILL POND YELM. WA 98597 Total ERU;s: 5 Total ERU's: 510,000 JCN DEV GIS Aues: 4.55 ASSESSMENT: COMMENTS: n 117 2 51 71 0 0 0 PO BOX 1206 Base: 4 Base: 58,000 YELM, WA 96597 SupplamenC i6 SupP; 532,000 MILL POND Total ERV;s: 20 Total ERU's; 540,000 JCH DEV GIS Attes: 3.12 ASSESSMENT: COMMENTS: 12 21725120000 PO BOX 1206 Base: 2 Base: 54,000 YELM, WA 98597 Supplement 18 Supp: E3fi,000 MILL POND Total ERUS: 20 Total ERU's:;40,000 JCH DEV GIS Attes: 8.07 ASSESSMENT: COMMENTS: 13 21725120100 PO BOX 1206 Base: 7 Base: E14,000 YELM, WA 98597 Supplement: 13 Supp: E26,000 MILL POND Total ERU;s: 20 Total ERU'S: 540,000 JCH DEV GIS Aues: 4.33 ASSESSMENT: COMMENTS: 14 21725740200 PO BOX 1206 Base: 0 Base: S- YELM, WA 96597 Supplement: 0 Supp: 5- MILL POND Total ERU;s: 0 Total ERU's: f- SCHOOL DISTRICT #2 GIS Acres: 20 ASSESSMENT: COMMENTS: 15 27725140100 PO BOX 476 Base: 0 Base: 5- Area adjusted YELM. WA 98597 Suppemenl: 0 Supp: S- MILL POND Total ERU;s: 0 Total ERU's: 5- STEAOMAN LIMITED PRTNSHP Gt5 Acres: 15.73 ASSESSMENT: COMMENTS: 16 27725171301 1801 W DAY ISLAND BLVD W Base: 14 Base: 328,000 TACOMA, WA 98466 SupplamenC 1 B Supp: 532,000 MILL POND Total ERU; S= 30 Totaf ERU's: 360,000 STROUSE, DONNA MIDAVID I GIS Aues: 0~3fi ASSESSMENT: COMMENTS: 17 21725110702 15307 104TH AVE SE Base: 0 Base: s- YELM, WA 98597 Supplement: 0 Supp: i MILL POND Total ERU;s: 0 Total ERU's: S- II II~~IIIiIwI~~IIlI~1I~~I~~I~~llll~fl~lllll~l es a 68aE~i2uRaQ Illlllill~ ORp g5 ag Thurston Co. CITY OF YELt1 GIS Acres: 92.16 ASSESSMENT: COMMENTS: Base: 68 0»e: f172,000 Supplement 82 Supp: f164,00p Tolal ERU~s: 139 Tolal ERU'S' (276,000 ~IIIIIIII~III~I~IIIIII~II~lll~ll{I~II~I~~I~ B 9Q 689 02 R8P I~Il~ll~ll~l ORO l25.AB Thurston Co, U CITY OF YE111 WEST ROAD DISTRICT ABBEY, TIMOTHY G ETAL GIS Acres: 1.68 ASSESSMENT: COMMENTS: i 64303601600 PO BOX 5222 Base: 0 Base: S- '1.01 LACEY. WA 98503 Supplement 0 Supp: S- WEST R0. Tdal ERU;s: 0 Total ERU's: S• ABBEY, TIMOTHYG ETAL GIS Aaes: 3.4 ASSESSMENT: COMMENTS: 2 64303601602 PO BOX 5222 Base: 1 Base: 52.000 2.48 LACEY, WA 98503 Supplement 0 Supp: S- WEST RD. Tolat ERU:s: 1 Total ERU's: f2, 000 ADAMS, WILLIAM E GIS Aces: 0.39 ASSESSMENT: COMMENTS: J 51540000]00 16624 103RD ST SE Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: S- WEST RD. Total ERV;s: 0 TOlal ERD's: S- ATTWOOD, CHRISTOPHER D GIS Acres: 1.2 ASSESSMENT: COMMENTS: 4 84703600301 16532 103RD ST SE Base: 0 Bax: S- YELM, WA 98597 Supplement 0 Supp: i- WE57 RD. Total ERU;s: D Total ERU's: S- AVERILL, DONOVAN D GIS Acres: 1.11 ASSESSMENT: COMMENTS: 5 64]03601603 10242 WEST RD SE Base: 0 Base: S- YELM, WA 98597 Suppement 0 Supp: S- WEST RD. - Total ERUS: 0 Total ERU's: S- AVERILL, OONOVAN D GIS Acros: 1.59 ASSESSMENT: COMMENTS: 6 64303601604 10242 WEST RD SE Baze: 0 Base: S- '1.14 YELM, WA 96597 Supplement 0 Supp: S• WEST RD. Total ERU:s: 0 Total ERU's: S- BABBER, MADHU B GIS Acres: 0.49 ASSESSMENT: COMMENTS: 7 77550000100 PO BOX 1430 Base: 0 Basa: ;- YELM, WA 96597 Supplement: 0 Supp: (- WEST RD. Total ERU;s: 0 Total ERU's: S- BANGS, KENNETH J GIS Acres: 0.54 ASSESSMENT: COMMENTS: 8 64703600201 10223 GROVE RO SE Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: i- WEST RD. Total ERU;s: 0 Total ERU's: S- BARNES, ROBERT H GIS Arles: 0.43 ASSESSMENT: COMMENTS. 9 77550000600 16649 100TH CT SE Base: 0 Base: S- YELM, WA 98597 Supplement: 0 Supp: S- WES7 RD. Total ERU;s: D Total ERU's: S- BAUGHMAN, LEE C GIS Aaes: 0.32 ASSESSMENT: COMMENTS: 10 77550000800 9948 BETH CT SE Base: 0 Base: S- YELM, WA 96597 Supplement 0 Supp: S- WEST RD. Total ERU:s: o Total ERU's: S- BLODGE7T, GIS Aues: D.aa ASSESSMENT: COMMENTS: 11 64307400701 JAMESlKATHLEEN Base: 0 Bax: S- PO BOX 460 Supplement 0 Supp: S- WEST RD. ROY. WA 98560 Total ERU;s: 0 Total ERU's: S- BRYANT, LINDA M GIS Acres: 0.32 ASSESSMENT: COMMENTS: 12 51540000200 16616103RD ST SE Base: 0 Base: S- VELM. WA 98597 Supplement: 0 Supp: S- WEST RD. Totat ERU:s: 0 Total ERU's: S- BURGER, GEORGE C GIS Acres: 0.61 ASSESSMENT: COMMENTS: 13 57540100900 PO BOX 623 Bax: 0 Base: S- YELM, WA 90597 Supplement: 0 Supp: S- WEST RD. Total ERU;s: 0 Total ERU's: S• CASAVANT, JOHN B GIS Acres: 0.25 - ASSESSMENT: COMMENTS: 14 11540201700 10143 GROVE RD SE Base: 0 Base: S- YELM,WA96597 Supplement: 0 Supp: S- WEST RD. Total ERU; s: 0 Total ERU's: S- CASAVANT, JOHN 8 GIS Auas: 0.22 ASSESSMENT: COMMENTS: 15 57540702800 10147 GROVE RD SE Base: 0 Base: S- YELM, WA 98597 Supplement: 0 Supp: S- WEST R0. Total ERU;s: 0 Total ERU's: S- - CASAVANT, JONN 8 GIS Acres: 7.02 ASSESSMENT: COMMENTS: 16 57510101100 16676 103RD ST SE Base: 0 Base: S- YELM, WA 96597 SuDPlement D Supp: S- WES7 RD. Total ERU;s: D Total ERU's: S- CASAVANT, JOHN B GIS Aves: 5.03 ASSESSMENT: COMMENTS: 17 51540302700 10143 GROVE RD SE Base: 4 Base: f6 000 YELM, WA 96597 Supplement. 0 Supp: t WEST RD. Totat ERU;s: 4 Total ERVs: Se,00o CITY OF YELM ORO 325. AB Thurston Lo, uA CRAFT, BONNEAU B GIS Aues: 3.67 ASSESSMENT: COMMENTS: 78 60303601700 10328 WEST RD SE Base: 0 Base: Z '1.03 YELM, WA 98597 Supplement D Stipp: E• WEST RD. Total ERUS: 0 Total ERU's: S- DAMRON, ELOISE V GIS Aues: 0.43 ASSESSMENT: COMMENTS: 19 77550000500 16704 100TH CT SE Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: 5- WEST RD. Total ERUS: 0 Total ERU's: 5- OAVIS, MICHAEL A SR GIS Auas: 0.36 ASSESSMENT: COMMENTS: 20 77550001800 9947 HAROLD CT SE Bax: D Base: Y YELM, WA 98597 Supplement 0 Supp: S- WEST R0. Total ERU;s: 0 Total ERU's S OIONNE, MICHAEL G GIS Aues: 0.22 ASSESSMENT: COMMENTS: 21 51540201600 10047 GROVE RD SE Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: S- WEST R0, Total ERU:s: 0 Total ERU's: 5- ODTSON, KATHRYN A GIS Aues: 0,35 ASSESSMENT: COMMENTS: 22 6130]500]00 16440 MIDDLE RD SE Base: 0 Bax: i - YELM, WA 98597 Supplement 0 Supp: S- WEST RD. Total ERU;s: 0 Total ERU's: 3- GALLAGHER, ROBERT E GIS Aues: 0.46 ASSESSMENT: COMMENTS: 23 61303500601 PO BOX H Bax: 3 Base: 56,000 Area atliusfee WATERVILLE, WA 96658 Supplement 6 Sup O: 512.000 WEST RD. Total ERU;s: 9 Total ERU's: 518,000 GALLEGOS, ELIAS q GIS Aues: 0.36 ASSESSMENT: COMMENTS: 24 51640000100 18700 103RD ST SE Bax: 0 Basa: 5- VEIM, WA 911597 Supplement: 0 Supp: S- WEST R0. Total ERU;s: 0 Total ERU's: S- GARRISON, GIS Acres: 0.23 ASSESSMENT: COMMENTS: 25 51540201900 THOMASfHEATHER Baser 0 Base: S- 3t 98 CHOKER ST SE Supplement 0 Supp: S- WEST ftD. OLYMPIA, WA 98503 Total ERU;s: 0 Total ERU's: E- GL1V55, ROBERT D GIS Aues: 0.22 ASSESSMENT: COMMENTS: 26 51540201200 NAVAL WEAPONS TEST Base: 0 Base: E- SO UAD Supplement 1 Supp: 22,000 WEST RD. PT MUGU. CA 93042 Total ERUS: 1 Total ERU's: 52,000 CORDON, LARS GIS Aues: 0.22 ASSESSMENT: COMMENTS: 27 51540201500 PO BOX 5087 Base: 0 Base: S- LACEY, WA 96503 Supplement 0 Stipp: i WEST RD. Total ERU;s: 0 Total ERU's: 6- GUERIN, JAMES L JR GIS Aaes: 0.77 ASSESSMENT: COMMENTS: 28 51540]02400 16007 CORBIN OR Base: 0 Bax: i- YELM, WA 98597 Supplement 0 Supp: Y WEST RD. Total ERU;s: 0 Total ERU's: S- GUNTHER, KEVIN SANENDI GIS Aues: D.33 ASSESSMENT: COMMENTS: 29 77650001200 9949 BETH CT SE Base: 0 Base: E- YEIM, WA 96597 Supplement: 0 Supp: E- WEST RD. Total ERU;s: 0 TOCdI ERU's: S- HALL, DOROTHY R GIS Aues: 4.02 ASSESSMENT: COMMENTS: 30 6470]601701 10336 WEST RD SE Base: 3 Base: S6,0D0 YELM, WA 96597 Supplement 0 Supp: S- WEST RD. Total ERU;s: 3 Total ERU's: E6, 000 HALL, VICKIE LEE GIS Aaes: 1.04 ASSESSMENT COMMENTS: 31 6430]601702 10344 WEST RD SE Base: 0 Base: ~- YELM, WA 98597 Supplement 0 Supp: ;- WEST RD. Total ERUS: 0 Total ERV's: S- HAROING, JAMES H JR GIS Aucs: 0.49 ASSESSMENT: COMMENTS: 32 77550000200 16721 100TH CT SE Base: 0 Base: S YELM. WA 98597 Supplement 0 Supp: S- WEST RD. Total ERU:s: 0 Total ERU's: S- HUGLI, DENNIS L GIS Aues: 0.07 ASSESSMENT: COMMENTS: 33 77550001700 PO BOX 1107 Base: 0 Base: S- YELM, WA 96597 Supplement: 0 Supp: S- WEST RD. Total ERU;s: 0 To[al ERU's: i HUIZAR, ROBERTL GIS Acres: 0.43 ASSESSMENT: COMMENTS: ]4 6430]600204 10217 GROVE RD SE Bax: 0 Base: S- YELM, WA 98597 Supplement 0 Supp: S- WEST RD. Total ERU;s: 0 Total ERU's: S- I` l 11~11I~ll~lll{I~II~I~~III~I~i~~ll~ll ~g 368 ~3, a~'P I~fI~~I~iI~I~lll~ll s25.AA Thurston l.D, UA CITY OF YELti ~R~ HUNTER, LONNIE I GIS Acres: 0.22 ASSESSMENT: COMMENTS: 35 5151020140(1 10111 GROVE RD SE Base: 0 Base: S- YELM, WA 98597 Supplement: 0 Supp: S- WEST RD. Total ERU;s: 0 Total ERU's: ¢ IYERSON, DESMONO J GIS Acres: 1.72 ASSESSMENT: COMMENTS: 38 64307601800 407 NE 103RD AVE ease: 2 0ase: 54,000 YELM, WA 96597 Supplement: 21 Supp: 542.000 WEST RD. Tout ERU:s: 23 Total ERU's: 548.000 JEWELL, JAMES C GIS Arras: 0.36 ASSESSMENT: COMMENTS: 37 51540000700 1 D239 GROVE RD SE Base: D Base: S• YELM, WA 98597 Supplement 0 Supp: S- WEST RO. Total ERU;s: D Total ERU's: ¢ JOHNSON, MELVIN F GIS Acres: 0.37 ASSESSMENT: COMMENTS: 35 77550000900 9946 BETH CTSE Base: 0 Base: 5- YELM, WA 90597 Supplement: 0 Supp: ¢ WEST R0. Tout ERU:s: 0 Toul ERU's: S- JONES, BRYAN K ~ GIS Aaes: 0.36 ASSESSMENT: COMMENTS: 39 77550001400 10aD2 HAROLD CTSE Base: 0 Base: S- YELM. WA 98597 Supplement: 0 Supp: Y WEST RD. Total ERU;s: 0 Total ERVs:;- KITCHEN, JAMES AIFRANCES GIS ACrei: 0.32 ASSESSMENT: COMMENTS: 40 51540000600 14902 VAtL CUTOFF RD SE BBSe: 0 Base: S- RAINIER, WA 98576 SuDDement: 0 Supp: ¢ WEST RD. Total ERU;s: 0 7oul ERU's: S- KOEPP, WILLIAM F GIS Aves: f.14 ASSESSMENT: COMMENTS: 41 51540100800 (6708 103RD ST SE Base: 0 Base: S- YELM, WA 98597 Supplement' 0 Supp: ¢ WEST R0. Total ERV;s: 0 Total ERU's: S- KOEPP, WiLLU1MIMARIE GIS Acres: 0.36 ASSESSMENT: COMMENTS: 42 51540000500 16706103RD ST SE Base: 0 Base: S- YELM, WA 90591 Supplement D Supp: S- WEST RD. ToW ERU;s: 0 Total ERU's: S- KOLILIS, BEVERLY J GIS Acres: 0.44 ASSESSMENT; COMMENTS: 43 64303400100 PO 00X 747 0ase: 0 Base: Y YELM, WA 98597 Supplement 0 Supp: Y WEST RD. Total ERU;s: 0 Taal ERNS: S- 1J.NDON, DEWEY L GIS Aues: 0.32 ASSESSMENT: COMMENTS: 44 77550001900 9949 HAROLD CTSE Base: 0 Base: ¢ YELM. WA 98597 SuppkmenC 0 Supp: ¢ WEST RD. Total ERU;s: o Tool ERU's: ¢ MANSFIELD, RICHARD GIS Aves: 0.39 ASSESSMENT: COMMENTS: 45 7755000/600 A/SUSAN Y Base: o Base: i 9948 HAROLD CTSE Supplement D Supp: S- WEST RD. YELM. WA 98597 Total ERU;s: D Total ERU's: ¢ MATHESON, PENT R GIS Acres: 0.26 ASSESSMENT: COMMENTS: 46 51540202200 16637 100TH WAY SE Base: 0 Base: S- YELM, WA 98597 Supplement 0 SuDP: S- WEST RD. Tout ERU;s: D Toul ERU's: ¢ MATTOON, VICKEY GIS Acres: 1.78 ASSESSMENT: COMMENTS: 47 64303601601 10320 WEST RD SE Base: 0 Base: S- '1.311 YELM, WA 98597 Supplement: 0 Supp: ¢ WEST R0. Tout ERU;s: o Toul ERU's: S- MCCLAFLIN,DAVIDJ GIS Acres: 0.72 ASSESSMENT: COMMENTS: 48 85630000100 16541 103RD ST SE Base: 0 Base: S- YELM,WA98597 Supplement' 0 Supp: S- WEST R0. Total ERU;s: 0 Tatal ERU's: S- METSCH, ERIC W ~ GIS Aues: 0.83 ASSESSMENT: COMMENTS: 49 51540000100 18608 103RD ST SE Base: 0 ease: S- YELM, WA 98597 Supplement 0 Supp: S- WEST R0. Total ERU;s: 0 Total ERU's: S- MILLER,JOSEPH/SUSAN GIS Acres: 0.34 ASSESSMENT: COMMENTS: 50 77550002000 10001 HAROLD GT SE Base: 0 Base: S- YELM, WA 96597 Supplement 0 Supp: ¢ WEST RD. Total ERU; s: 0 Total ERU's: S- MORAN, SPRAGUE GIFREIOA GIS Aaes: 0.88 ASSESSMENT: COMMENTS: 51 51510302600 PO BOX 12fi3 Base: 0 Base: S- YELM, WA 98597 SupplemenC 0 Supp: S- WE57 R0. Total ERU~.s: 0 Total ERU's: E- `I `1 `I 1~~11111~1111111I~IIIIIIIII1~ll~ll a ee 689 Ot2~eP 111~I~t ll~~l ~III~ III p 325. A9 Thurston CITY Of YELM ~R MORR150N, LARRYfOKHI GIS Aaes: 043 ASSESSMENT: COMMENTS: 52 64303600203 PO BOX 1713 Base: 0 Base: S- YELM, WA 98597 Supplement: 0 Supp: ¢ WEST RD. Total ERU;s: 0 Total ERU's: E- MORRISON, LARRYIOKHI GIS Acres: 0.43 ASSESSMENT: COMMENTS: 53 64303600203 PO BOX 1713 Base: 0 ease: E- YELM, WA 98597 Supplement: 0 Supp: S WEST RD. Tolaf ERU:s: 0 Total ERU's: S- NEwHY, DANIEL A GIS Acres: 0.35 ASSESSMENT: COMMENTS: 54 77550001300 10001 METH CT SE Base: 0 Base: 5- YELM, WA 98587 Supplement: 0 Supp: 5- WEST R0. Total ERU;s: 0 Total ERU's: S- NORBY,REGINALD GIS Acres: 0.69 ASSESSMENT: COMMENTS: 55 51540302500 PO BOX 225 Base: 0 Basa: ¢ MCKENNA. WA 96558 - Supplement 0 Supp: 8- WEST RD. Total ERU;s: 0 Total ERU's: S- OSBORNE, THOMASRAMMY GIS Acres: 0.74 ASSESSMENT: COMMENTS: 50 77560000700 1411811TH AVE CTS Base: 0 Base: E- TACOMA, WA 98444 Supplement 0 Supp: 5- WEST R0. Total ERU:s; 0 Total ERU's: S- PAYNE, KATHRYN L GIS Aaes: 0.23 ASSESSMENT: COMMENTS: 57 51540201800 10035 GROVE RD SE Base: 0 Base: 5- YELM, WA 98597 Supplement 0 Supp: ;- WEST RD. Total ERU;s: 0 Total ERU's: E- PETERSON,ERNEST/OLEO GIS Acres: 0.34 ASSESSMENT: COMMENTS: 56 775b0001500 9848 HAROLD CT Base: 0 Base: S- YELM, WA 98597 Supplement 0 Supp; S- WEST RD. Total ERV:s: 0 Total ERU's: E- PORTER, PAUL D GIS Acres: 0.23 ASSESSMENT: - COMMENTS: 58 51540202000 76649 100TH WAY SE Base: 0 Base: i - YELM, WA 88597 SupplemenC 0 Supp: ¢ WEST RD. Total ERU;s: 0 Total ERU's: E- PRAIRIEPARKLIMITED GIS Arles: 12.09 ASSESSMENT: COMMENTS: 60 84303700100 PARTNER Base: 12 Base: 524,000 PO BOX 5210 Supplement: 88 Supp: L176,000 WEST RD. YELM, WA 98597 Total ERUS; 100 Total ERU's: 5200,000 PRATT, RIOHARO J TRUST GISAaes: 4.60 ASSESSMENT: COMMENTS: 6/ 64303600702 436 RANCHITA VISTA RD Base: 1 Base: 52,000 •1.59 SANTA BARBARA, CA 93108 Supplement: 26 Supp: 552,000 WEST RD. Total ERUS: 27 Total ERU's: 554,000 REED, RONALD B GIS Aues: 0.22 ASSESSMENT: COMMENTS: 62 51640201300 10117 GROVE RD SE Base: a Base: 5- YELM, WA 98597 Supplement: o Supp: E- WEST RD. Total ERU;s: 0 Total ERU's: E- ROSS, WALTER RIMILDRED E GIS Aaes: 1.02 ASSESSMENT: COMMENTS: 63 57540101000 PO HOX 100 Base: 0 Base: S- YELM. WA 98597 Supplement: 0 Supp: E- WEST RD, Total ERUS: o Total ERU's: S- SUBURBAN REALTY INC GIS Aues: 9.81 ASSESSMENT: COMMENTS: 64 64303500200 PO BOX 44099 Base: 9 Base: 518,000 TACOMA, WA 9e444 Supplement 21 Supp: 546,000 WEST RD. Total ERUS: 72 total ERU's: 564.000 THOMPSON, CHARLENE R GIS Acres: 0.23 ASSESSMENT: COMMENTS: fi5 51540202100 16843 100TH ST SE Base: 0 Base: E- YELM, WA 90597 Supplement: 0 Supp: S- WEST RD. Total ERUS: 0 Total ERU's: E- TREMLETT, CARRY L GIS Aaes: 0.44 ASSESSMENT: COMMENTS: 66 77550001000 9945 HETH CT SE Base: 0 Base: E- YELM, WA 98597 Supplement 0 Supp: S- WEST RD. Total ERUS: 0 Total ERU's: E- WALTON, BETTY J GIS Aaes: 0.39 ASSESSMENT: COMMENTS: 87 77550000300' 16707 100TH CT SE Base: 0 Base: E- YE1J.4, WA 98597 Supplement: 0 Supp: S- WEST RD. Total ERUS: 0 Total ERU's: f- WESTERBERG, DOUGLAS A GIS Aaes: 0.38 ASSESSMENT: COMMENTS: fib 77550001100 9947 BET}i CT SE Base: 0 Base: E- YELM, WA 98597 Supplement: 0 Supp: E- WEST RD. Total ERU;s: 0 Total ERU's: L I IIIIII VIII (IIII IIII III~III IIII IIIIIII III illlll III IIII 9a 368 s3 z laeP CITY OF YELM ORO 525.8A Thurston Ca UA WOLF, KATHRYN M ETAL GIS Acres: 0.7 ASSESSMENT: COMMENTS: 69 64303700205 PO BOX 966 Base: 1 Base: 52,000 YELM, WA 98597 Supplement 0 Supp: L WEST RD. Total ERUS: 1 Total ERU's $2,000 YELM PRAIRIE CHRISTIAN GIS Acres: 6.73 ASSESSMENT: COMMENTS: 70 64303601607 CENTR Base: 0 Base: 5- PO BOX 578 SupplemenC 0 Supp: S- WEST RD. YELM, WA 98597 Total ERU:s: 0 Total ERU's: S- YELM SCHOOL DISTRICTK2 GIS Aces: 23.26 ASSESSMENT: COMMENTS: 71 64303600300 PO BOX 476 Base: 0 Base: ;- YELM, WA 98597 Supplement 0 Supp: 5- WEST RD. Total ERUS: 0 Total ERU's: S- YELM, CITY OF GIS Acres: 1.3 ASSESSMENT: COMMENTS: 72 64307600303 PO BOX 479 Base: 0 Base: s- YELM, WA 96597 SupplemenC 0 Supp: S- WEST R0. Total ERU;s' 0 Total ERU's: S• GIS Aues: 112.17 ASSESSMENT: COMMENTS: Base: 36 Base: 572,000 Supplemene 165 Supp: 1330.000 Total ERVS: 201 Total ERU's: 5402,000 (r.\project\1997\9700711461cat1124r.doc 8 rlproject11 99 719700 711 4 61ye1m5.xls) Reformatted on 09/02/1998 IINgI~VRWV~M~RIV~IOI~ ~'~°,ti~ Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants 2. Reference Number(s) of Documents assigned ar released: (on pave of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Huddleston, John D. 2. Huddleston, Christa I. 3. Kitchen, James 3. Kitchen, Frances Grantee(s) (Last name, first name, middle initial) 1. 2. 3. ^ Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) YE 1!4 of Section 25 Township 17N, Range lE ^ Additional legal is on page _ 1 _ of document Assessor's Property Tax Parcel/Account Number: ~17251a0200 IJll1IIIIlIIINIIIIIII(lllllllll(II 1 p 85186! t~ CITY OF YELfI l~~I_!!l~11~lIl~II~~I a5: Nt,,~199d d4.21F CVV f19.d0 Thurston Co, uA iIECZ=ARATION OF COYENgNTB, CONDITZONB AND REEiTRICTIONB OF ~ZLL CIRCLE The undersigned, JCH Development, a Washington general partnership whose only partners are John D. Huddleston and Christa 1. Huddleston, husband and wife, and James Kitchen and Frances Kitchen, husband and wife, hereinafter Declarant, being owners of all of the following described real property in Thurston County, Washington: Lots 1 through 29, inclusive, and Tract A & B of Mill Circle, Division One, according to the plat recorded in the office of the Thurston County Auditor in Volume _of Plats, page ,under auditor's file # In order to provide for the sound development, the aesthetic quality and the healthful conditions of the aforesaid real property and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for their successors, heirs and assigns, and agree to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the aforedescribed real property, and which shall be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used, occupied and developed in conformance with the covenants, conditions and restrictions set forth herein. I~~~I~~~ P ae 186 t2 1111~I1111~1~111 Th uston 9~ ~up1F i~iti»~~~~»~»1i ~~ 31saa `I11111~11111 CITY Of +'ELM gRTICZ.E Z CO.QENgrT'T13 REgpECTZNG ~8E A. Land Use and Buildin T es. All of the lots in Mill Circle shall be used for residential purposes only. No more than one detached single family dwelling shall be constructed on each lot. B. Architectural Control. No building or other permanent structure shall be erected or altered on any lot until the construction plans, specifications and the plans showing the location and placement of the building or structure have been approved by the Architectural Committee as to the quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and grade elevation. As a guideline, owner's or purchaser's plans will be reviewed generally as to the following, which shall not be all inclusive: 1. The minimum square footage of living area for single family homes will be 1400 square feet. 2. Houses shall have at least atwo-car garage, which shall be a minimum of twenty (20) feet in width and twenty-two(22) feet in length. 3. Houses shall have roofs covered with a minimum of fiberglass twenty-five(25) year rated sculptured shingles or better or concrete tile. 4. The exteriors shall provide for the following: a) No T 1-11 solid sheet product shall be allowed for use as siding except on the sides and back of buildings where such surfaces do not face the street. The front and gable ends of the house will be covered with lap siding, decorative shingles or masonry. b) All siding products must be painted with solid body latex or oil based paint. c) Exterior paint colors must be approved by the Architectural Committee. Failure to obtain such approval could result in the repainting of the structures(s) involved. 5. No more than one (1) accessory building shall be permitted per lot and shall not exceed 720 square feet. The exterior paint, siding and roof material must be finished in the same manner and color as the residence home. All such buildings are subject to prior approval by the Architectural Committee. 6. Front yard landscaping must be completed prior to occupancy or at the time the construction has been completed by the builder and the house is available for sale. Landscaping in the side and back yards must be completed within 60 days from date of completion and/or occupancy as above noted. Exceptions to this policy may be made during the period of November 15 to March 15, depending on weather conditions. 7. All driveways are to be paved with concrete with two 4" conduit sleeves 18" below grade (from top of concrete drive). Where the restrictions and covenants herein set forth cannot be complied with because of land or limitations or topographical conditions, the proper and orderly development of such lots shall conform to the conditions and terms of these covenants as far as possible. The Architectural Committee is empowered to allow such variances as in its judgement shall permit the reasonable utilization of such lots consistent with the general plan and scheme of development herein. Such variances may include minimum square footage requirements depending on lot size and the utilization thereof. The Architectural Committee can not be held liable by other members of the association because of such variances that the committee has deemed appropriate. C. Site Plan Review. The approval of the Architectural Committee shall be required prior to the removal of any trees or substantial vegetation on the site. D. Buildinsa Location. Buildings and other structures located on each lot shall conform to and comply with the City of Yelm requirements for location in each case: provided that no building or structure shall be located closer than twenty-five (25) feet to the front yard line, closer than twenty (20) feet to the rear yard line or closer than seven (7) feet to either side yard line; provided further that on a corner lot no building shall be closer than fifteen (15) feet to the side yard line on a flanking street. 11 `` IIII~IINIIII~I~I e5 d 1~ as JeauRiF 11111111111111111{II~ e8 Thurston 11111111111111111 G~~ n9. CITY OF YELM E. Sight Distant at Intersections. No fence, wall, hedge or shrub planting which obstructs sight fines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them to points twenty (20) feet from the intersection of the street tines, or in the case of rounded property corners from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at such height as to prevent obstruction of such sight Tine. F. Completion of Structures. All buildings commenced on any tot shall be completed, including painting and landscaping, not later than six(6) months after construction is commenced. G. Power and Easement. An easement is hereby reserved for and granted to Puget Sound Energy, City of Yelm Water and Sanitary Sewer Department, Yelm Telephone Company and TCI Cablevision and their respective successors and assigns, under and upon that portion or portions of each lot as specified in the "as built" design drawings Declarant submits to the City of Yelm at the completion of the construction of the development, in which to install, lay, construct, renew, operate and maintain pipes, conduits, cables and wires with necessary facilities and other equipment fior the purpose of serving the subdivision and the lots therein and other property adjacent thereto with water, sewer, electric, telephone, television and gas service, together with the right to enter upon the lots at all times for the purposes stated. H. Utility Services. All permanent utility services and connections thereto within the subdivision shall be provided by underground services exclusively. No satellite dishes, ham radio antennas, television antennas, other antennas or receiving devices of any type shall be permitted on the exterior or any buildings on any lot within the subdivision with the exception of satellite dishes that are 24" in diameter or smaller and whose location is subject to approval by the Architectural Committee. I. Noxious and Offensive Activities. No noxious or undesirable thing or undesirable use or activity in the subdivision whatsoever shall be permitted or maintained upon the building sites in Mill Circle. No type of business or commercial activity shall be conducted on any lot or within IIIINIIIHI11111L1111111{IIIIINII{I as b'186~~~uRIF I ~~~~~~ ~~~~~ VIII ~ S19 . ~ Thurston CITY QF YELfl ~4U any dwelling or structure that is visible to the public view. No forms of advertising shall be allowed that are visible to the public view, the term public to include all members of the public, passersby and all residents of all the lots within Mill Circle, and the term view to include any view from any location outside of the lot in question. The Architectural Committee shall determine what trade, business or use is undesirable or noxious and whether any business or use shall be permitted and such determination by the Architectural Committee shall be final. No lot owner may keep more than one canine animal outdoors at any time and such animal must be enclosed 'in a solid fenced back yard. No canine or feline animal may be allowed to run loose at any time and owners allowing such activity will be fined by the association $50.00 for each occurrence. J. Vehicle Maintenance. No vehicle maintenance except emergency service, shall be conducted within public view, and then only to the extent necessary to enable the movement thereof to a repair facility. K. Temporary Structures. No mobile homes shall be permitted on any lot in the subdivision. No structures of a temporary character, including but not limited to trailers, basement houses, tents, garages, barns, motor homes, sheds or outbuildings, shall be used on any lot at any time as a residence, either temporarily or permanently. When referring to trailers, the term trailer shall include all forms of trailers or mobile homes of any size, whether capable of supplying their own motive power or not, without regard to whether the primary purpose of such trailer is or is not the conveyance of persons or objects, and specifically including automobiles, buses, trucks, cars, vans, trailers, mobile homes and motor homes, even though they may at any time be immobilized in any way and the restriction shall apply to any period of any time of whatever duration. Living shall be restricted to a house or dwelling constructed on the property in conformance with these covenants. L. Boats CamQers and Travel Trailers. Boats, campers and travel trailers may be stored on a lot in conjunction with a permanent residence, but only if such items are screened from public view and the view of all neighbors from all points on the lot line of the lot in question and from all other lots and all streets within the subdivision. All such storage and the screening shall be approved by the Architectural Committee whose decision shall be final. Any trailers or motor homes parked in conjunction with any lot or parked on the street by any person shall be parked temporarily within the subdivision no longer than 24 hours. Guests of Owners may park motor homes at the Owner's Dwelling for a period not to exceed seven (7) consecutive days in any one month period, provided I IIIIII VIII VIII VIII INI IIIIIIII VIII III VIII IIII IIII 531186 iA41 e1P CITY OF YELIi ~OV f19.@8 Thurston Co. uA that the Owner gives the Secretary of the Association prior written notice of the license number of the guest's- motor home and the period during which it will be parked at the Owner's Dwelling. M. Garbage and Refuse Disposal. No garbage, refuse, rubbish or cuttings shall be deposited on or left on the lot premises unless placed in an attractive container suitably located and screened from public view. All garbage cans, refuse containers and trash receptacles shall. be kept out of sight except on the days prescribed for pick up. No building material of any kind shall be placed or stored upon any property in the subdivision until the owner is ready to commence construction and then such materials shall be placed within the property lines of the building site upon which structures are to be erected or are being erected and shalt not be placed in the street. No outdoor incinerators shall be permitted. No trash or garbage shall be burned at anytime. Untreated lumber scraps may be burned during canstruction but, must not be left unattended. N. Livestock. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats and other household pets may be kept provided the are not kept, bred or maintained for any commercial purpose. Household pets shall not become pests or create a nuisance to the neighborhood by either running loose or unwarranted barking or yowling. Outdoor household pets shall be restrained by a solid fence to owner's premises or on a leash when off owner's premises when still in the subdivision. Owners of pets shall be mindful of maintaining a healthy environment in the subdivision and keep their property and that of their neighbors and community areas clean of pet feces. O. Fences and Walls. No fence or wall shall be constructed on any lot unless approved by the Architectural Committee. There will be no front yard fences permitted above 36" in height. Walls such as retaining walls made of brick, rock or other natural materials up to three (3) feet in height may be permitted as part of a landscaping plan or development. All side and back yard fences shall be of white vinyl, cedar, redwood or brick materials. No steel or chain link fences are permitted. No fence or wall shall be erected, placed or altered on any lot closer to any street than the minimum setback for fences as required by the City of Yelm. An easement is hereby reserved for and granted to Declarant and to Declarant's agents and employees and to Mill Circle Community Association and its successors, agents and employees over and on the exterior ten (10) feet of the lots on the exterior of the development for the construction, erection and maintenance of the fence, wall or posts to be 11I11III VIII 111~I IIII IIIIIIII N~II Ill VIII illl IIII a aewl86 aa~1P IIII t,OU f19.A6 Thurston w. CITY OF YELI1 constructed by Declarant on the exterior of the development, should Declarant so elect. This easement includes the right to enter on the lots at reasonable times for such construction and maintenance of said fence. P. Discharge of Weapons. The discharge of weapons within the subdivision shall be prohibited. Weapons shall include, but are not limited to, f+rearms, BB guns and pistols, air rifles and pistols, pellet guns, sling shots and bows and arrows. Q. Driveway and Parkins. Each lot shall have a driveway and parking area so as to accommodate a minimum of four cars in front of the garage. Driveways shall be of concrete or brick to the city street. No roads for ingress or egress except for driveways to the city street. shall be permitted. Parking or storage of the below listed vehicles are prohibited on a residential lot or street: 1. Trucks over 1 ton capacity. 2. Trailers used in course of business. . 3. Wrecked or unused vehicles. 4. Industrial vehicles and equipment. R. Drilling and Mining. No drilling or mining in any form whatsoever shall be permitted on any lot. This shall include, but not be limited to, drilling, development operations, refining, quarrying or mining and the construction of any form of derrick or structure designed for boring or mining purposes. A~TaCZ..~ ZZ AgCgZTECTLTRAI. CO~~ZTTEE AND COMM~TNZTY gtgEiOCZATZON A. Membership. The Architectural Committee initially shall be composed of John D. Huddleston, PO Box 1206, Yelm, Washington 98597, and James Kitchen, 14902 Vail Cut Off Rd SE, Rainier, Washington 98576. Any of the members of said committee may designate a representative to act for the particular member with approval of the other members. In the event of death or resignation of any member of the- Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor it's designated representative shall be entitled to any compensation for services performed pursuant to this covenant. A vacancy in the Committee shall not invalidate any of it's actions or prevent the remaining member or members from acting on any of the subjects within it's purview. The initial Committee shall act until 5 years from the date of the declaration of these covenants or until the sale of 100% of the lots in Mill Circle, whichever is later, unless the initial members of the Committee declare their control of the Committee to have ended. After the sale of 100% of the lots in Mill Circle or after the expiration of 5 years from the date of declaration of these covenants, whichever is later, the then record owners of a majority of the lots shall have the power, through a duly recorded instrument, to change the membership of the Committee, acting either as lot owners or through the Community Association referred to in Article II C, duly formed in conjunction with the development. 8. Procedure. The Committee's approval or disapproval as required in these covenants shall be in writing and shall only be effective if in writing. In exercising the discretionary powers granted to the Committee, the Committee shall at all times exercise it's power in a reasonable manner and the Committee is hereby empowered to adopt such reasonable rules or regulations as it may find to be necessary with respect to the enforcement of these covenants. In the event the Committee or it's designated representative fails to approve or disapprove any plans or specifications submitted to it within 30 days after the submission thereof or in any event, if no suit to enjoin the construction has been commenced prior to the completion of such construction, approval will not be required and compliance with the related covenants shall be deemed to exist so long as construction is .completed in accordance with the plans or materials submitted to the Architectural Committee in connection with the construction or proposal for construction. I IIIIII I~~II lull I~III IIII III~IIII ~IIII III lull IIII 1III 5ga 1186 t84121F CIT1' OF YELI1 CQV f19.0A Thurston w, llfi C. Mill Circle Communit}LAssociation. All owners of tots in Mill Circle are and will be members automatically of the Mill Circle Community Association to be formed in conjunction with the development, so that the owners of lots in Mill Circle shall be members of the Association. Each lot shall be entitled to one vote. Each lot shall be subject to the charges and assessments provided for and established by the Mill Circle Community Association, aNon-Profit Washington Association, in accordance with its articles and bylaws, provided no unsold lots belonging to the Declarant, undersigned herein, shall be subject to any such charge or assessment unless the Declarant lives on the lot, in which case that lot shall be subject to the assessment. D. Responsibilities of the Association. The Association shall be responsible for maintaining the common areas shown as Tract B, and the storm water collection and treatment facilities located on Tract A and the structure and exterior of the fence, wall, posts and plantings on the exterior edge of the development of the subdivision. Individual fot owners shall maintain the interior of such fence as to keeping it clean of dirt and mildew. Maintenance, cleaning and repair of. Tract A and all improvements thereon shall be the sole responsibility of the Association. The Association shall employ licensed professionals as needed for the repair, replacement or reconstruction. I(1111111(lllllllllllllllllllNllllllllllllllllllllllll ~ ~0;,8e e~ ~~F ctrr of ~~tn cou sts.ea rn~~tc,: co, ua gRTICLE IZZ MODIFICATION OF CO~'ENANTB These covenants may be modified by an instrument in writing signed by the owners of 75% or more of the lots included in Mill Circle, which instrument shall be recorded to be effective. gRTICLE IY TERM SND CONBTRUCTZON These covenants, conditions and restrictions shall run with the land and shall be binding upon all parties and persons owning lots or an interest therein as stated above and all persons and parties claiming under these covenants, conditions and restrictions for a period of 20 years from the date these covenants are recorded, after which these covenants shall be extended automatically for successive periods of 10 years each in perpetuity unless an instrument signed by the owners of 75% or more to the lots in Mill Circle has been recorded altering such covenants in whole or in part. S.RTICLE `4' ENFORCEMENT Enforcement of these covenants, conditions and restrictions may be by proceeding at law or in equity against any person or persons violating or attempting to violate such covenants, conditions and restrictions and such actions may be to restrain the violations or to recover damages for each violation. ARTICLE YZ $~'o'~•RABZLZTY Invalidation of any one or more of these covenants by judgement or court order shall in no way affect or alter any of the provisions which shall remain in full force and effect. to IIIIII IIII~ IIII) VIII IIII IIIIIIII VIII III VIII) I~I IIII ~ 90 11861da ~ 21P CITY elf YELtt COU f19.AB Thurston Co, uA IN WITNESS WHEREOF, we have hereunto set our hands this,~'~ day of ~~p, r~dv~97- JCH DEVELOPMENT, a Washington general partnership ~. Y • By. hn D. Huddleston, Partner J es Kitchen, Partner ~~ ~' % Christa I. Huddleston, Partner Frances Kitchen, a ner STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this i (I day of j ~~~ r~~~-~ -a.~i• , 1997, before me personally appeared John D. Huddleston, Christa I. Huddleston, James Kitchen and Frances Kitchen, of the partnership that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned and on oath stated that they are the only four partners of said partnership, and that they were authorized to execute said instrument. f~J .: ~~IN WITNESS WHEREOF, I have hereunto set my hand and affixed my cpa't~Seal.the day and year first above written. .~ ;:, r, it °;, =.`P' - ` l I i n">y~ 1 ~I r ,' ~i~ :~.~i '~~~ o- i Notary Public in and for the " u, '. `''.- B k`i" ~ State of Washington, residing in ~, F ~~ ~"9:-C~~ r My om(mission expires ,! l~~ l -f: {~' .~~ WL~' .. 1~ I IIIIII VIII VIII VIII IIII IIIIIIII VIII III IIIIII III I!II Sad 11861aa 21F CITY OF YELM ~OV 319. d0 Thurston ~o~ WR Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Homeowners Association 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Huddleston, John D. 2. Huddleston, Christa I. 3 Kitchen, James 3. Kitchen, Frances Grantee(s) (Last name, first name, middle initial) 1. 2. 3 ^ .Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of Section 25 Township 17N, Range lE ^ Additional legal is on page 1 of document Assessor's Property Tax Parcel/Account Number: 21725140200 1 II~III lil~l VIII VIII IIII Ill~lll) (IIII III VIII IIII IIII 5a s.'t8 3 aal 2IF CITY OF YELM MI3C f13.dA Thwston Co, V1R $YY .A~YB OF SILL CIRCLE CO~~UNITY ABBOCIATION CA ~g6HZ1~TQTON NON-PROFIT C.ORPOR,gTZON~ Z. REGICiTERED OFFICE AND AGENT The registered office of the corporation shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices as may be required by law and the registered agent shall have a business office identical with such registered office. Any change in the registered agent or registered office shall be effective upon filing such change with the office of the Secretary of State for the State of Washington. II. MF~BERSHZP A. General. Except as provided in Section B hereof, membership in this corporation shall be limited to those persons, natural or artificial, owning or having a possessory interest in any lot within the following described property, situated in Thurston County, Washington, to-wit: Lots 1 through 29, inclusive, and Tract A $ 8 of Mill Circle according to the plat recorded in the office of the Thurston County Auditor in Volume of Plats, page _, under auditor's file no. The privileges and facilities of the corporation shall be extended to the spouse and the children of the member under such rules and regulations as the Board of Directors may prescribe. I~~~I~ ~~III I~~II ~~I~! l~II I~~~~~II I~~~f ~il IIII~ IIII~I~i ~aa 118s N4I: c•IP CITY OF YELfI nISC 313.8@ Thurston Co, u~ B. Transfer of Membership Membership privileges shall .run with the land. Membership of any person shall automatically transfer to any other person who acquires the ownership of or possessory interest in any lot described in Section A hereof. Whenever the Secretary-Treasurer receives satisfactory evidence of the transfer of ownership of or possessory interest in any such lot, the Secretary-Treasurer shall register on the books of the corporation a transfer of membership to the person acquiring such ownership or possessory interest. Such transfer of membership shall carry with it all rights, privileges and duties of the transferor and shall carry with it the duty to abide by all the rules and regulations as set forth by the Board of Directors of the corporation. C. Voting Eligibility Lot owners or purchasers shall have one membership vote per lot and the purchaser under a real estate contract, mortgage or deed of trust shall be deemed to be an owner for membership purposes. The vote for any membership owned by a single marital community may be cast by either spouse without the presentation of authority from the other. D. Applicability and Enforcement All lots and Tracts of Mill Circle are subject to Protective Covenants of record including but, not limited to, the lien and injunctive enforcement procedures contained therein. ZIZ. DVEB AND A$8E138NZENTB A. Applicability. Each lot owner or purchaser, by acceptance of a deed or real estate contract therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the corporation such amounts as dues and/or assessments as shall be fixed and established by the majority vote of the Board of Directors, in accordance with the Declaration of Covenants, Conditions and Restrictions of Mill Park Place and its articles and by-laws. B. Purpose of Assessments The assessments levied by the Association shall be used exclusively for the cleaning, maintenance, repair and improvement of Tract A and B or the improvements thereon. C. Maximum Annual Assessment Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be $250.00 per lot. Illl~ll~1111111111111II(I j+J 11 J j( P x51862 II CITY OF Y IIIII~jII i~~~~~l~I~l~ Jl jj ~ , .. - . Etn ~1~~~~1~~ a,.aa~~asb a4 cIP nlsC sIa.96 ThUf SEJII CJ, W~ 1. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment. may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. 2. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 10% by a vote of the majority of the voting membership of combined classes of members who are voting in person or by proxy, at a meeting duly called for this purpose. 3. The Board may fix the annual assessment at an amount not in excess of the maximum. D. Special Assessment for Capital Improvements and Emergency or Extraordinary Repairs. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common areas and the drainage ponds, provided that any such assessment shall have the assent of the majority of the votes of combined classes of members who are voting in person or by proxy at a meeting duly called for this purpose. E. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. F. Date of Commencement of Annual Assessmen • Due Dates The annual assessments provided for herein shall commence as to each lot on the first day of the month following the conveyance of said lot by Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board. The Association shalt, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. G. Effect of Nonpayment of Assessments• Remedies of the Association Any assessment not paid within 30 days after the due date shall bear ` ` III~II~l~11~~I111~~llIli~I~Il~1~11~1II~~~I a atl iss a4u~IF Il~fll ll~~{ I MIbC ft$.d8 Thurston t,ITY OF 1'ELM interest from the due date at the rate of 12% per annum. The Association may bring an action at law against the owner personally obligated to pay same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the common areas or abandonment of his/her lot. H. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. ZY. MEMBERS' MTETZNGB A. Annual Meetings. The annual meeting of the members of this corporation, for the purposes of electing directors of the corporation and for such other business as may come before it, shall be held on the third Monday of February of each year. All meetings shall be held at such location as is provided in the notice for each meeting. B. Special Meetings. Special meetings of the members of this corporation may be called at any time by the President, by the Board of Directors or upon written request of the members of the members who are entitled to vote one-fourth(1/4) of all of the votes of the membership. C. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the corporation for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and in the case of a special meeting, the purpose of the meeting. 0. Waiver of Notice. Notice of the time, place and purpose of any meeting may be waived in writing (either before or after such meeting) and will be waived by any member by his attendance thereat in person or by proxy., unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. Any member I IIIIII VIII VIII VIII III(IIIIIIII VIII III VIII III IIII Pas 1186 tl~F •121P CITY OF YELt1 flISC f18.AA Thicsti,n Co, UA so waiving shall be bound by the proceedings of any such meeting in all respects as if due notice thereof had been given. E. Quorum and Adjourned Meetings. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-third(113) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration or the Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vo"te thereat shall have power to adjourn the meeting from time to time without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. F. Proxies. At all meetings of members, a member may vote by proxy executed in writing by the member or by his duly authorized attorney-in- fact. Such proxy shall be filed with the Secretary-Treasurer of the corporation before or at the time of the meeting. No proxy shall be valid after eleven(11) months from the date of its execution, unless otherwise provided in the proxy. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot. G. Voting. Each member shall be entitled to one vote per lot owned on each matter submitted to a vote of members. Y. DZRECTORR A. General Powers. All corporate powers shall be exercised by or under the authority of, and the business affairs of, the corporation shall be managed under the direction of the Board of Directors, except as otherwise provided by the laws under which this corporation is formed or in the Articles of Incorporation. 8. Number. Tenure and Qualifications. The initial number of directors is three and shall continue as the number until such time as 100% of lots are sold by developer, JCH Development, a Washington general partnership. At that time, the Board of Directors shall consist of five directors, two of whom shall have one-year terms and three of whom shall have two-year terms. Each director shall hold office for the term for which the director is elected. C. Election. The directors shalt be elected. by a majority vote of the members at their annual meeting each year or at any special meeting IIIIII VIII VIII VIII IIII IIIIIIII (IIII III VIII IIII IIII ~s~ b1i8 s ea12iP CITI' Of YELM MISC f18.8A Thurst~rt Co, uR called for that purpose. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. D. Duties of Directors. A director of the corporation shall perform the duties of a director, including the duties as a member of any committee of the Board of Directors upon which the director may serve, in good faith, in a manner that such director believes to be in the best interests of the corporation and with such care including reasonable inquiry, as an ordinary prudent person in a like position would use under similar circumstances. In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: 1. One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matter presented. 2. Counsel, public accountants or other persons as to matters which the director reasonably believes to be within such person's professional or expert competence. 3. A committee of the Board of Directors upon which the director does not serve, duly designated in accordance with a provision in the Articles of Incorporation or these Bylaws, as to matters within its designated authority, which committee the director believes to merit confidence; so long as, in any such case the director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. E. Vacancies. In case of any vacancy in the Board of Directors, including a vacancy resulting from an increase in the number of directors, the vacancy may be filled by a majority vote of the remaining directors or at a majority vote of the members at a special meeting called for the purpose of filling the vacancy. F. Removal of Directors. Any director may be removed, with or without cause, by a two-thirds(2/3) of the vote cast by members at a meeting at which a quorum is present. ~~I~I~~~M~NI~;~~ ~ra°;,a G. Meetings. 1. The annual meeting of the Board of Directors shall be held immediately after the annual members' meeting at the same place as the annual members' meeting or at such other place and at such time as may be determined by the directors. 2. Special meetings may be called at any time and place upon the call of the President, Secretary-Treasurer or any director. Notice of the time and place of each special meeting shall be given by the Secretary-Treasurer, or the persons calling the meeting, by mail, telephone, facsimile transmission, personal communication by telephone or otherwise, at least ten days before said special meeting. Notice of any special meeting may be waived in writing, either before or after such meeting, and is waived by any director by attendance thereat. H. Quorum and Voting. A majority of the directors presently in office shall constitute a quorum. At each meeting of the Board of Directors at which a quorum if present, the act of a majority of the directors present at the meeting shall be the act of the Board of Directors. I. Compensation. No director shall receive compensation for any service he may render to the corporation, except that he may be reimbursed for any expenses incurred if said expenses were previously approved by the Board of Directors. J. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect at though taken at a meeting of the Soard of Directors. YZ. OFFZCERB A. Number. The officers of the corporation shall be a President and a Secretary-Treasurer, both of whom shall be elected annually by the 1``IiI ` Illllill1~11~~I~ll~l~~l~II1~IIllll a ~~ 1t8 a aaufltP I~~IfII~~II~IIIII~~~l1 sts.ae Thurston Co CITY OF YELM I1ISC Directors, and such other officers as the Board of Directors may from time to time by resolution create. B. President. The President shall be the principal executive officer of the corporation and, subject to the control of the Directors, shall in general supervise and control all of the business affairs of the corporation. The President shall, when present, preside at all the meetings of the members and of the Directors. The President may sign, with the Secretary- Treasurer, any instruments-which the Directors have authorized to be executed and in general shall perform all duties incident to the office of the President and such other duties as may be prescribed by the Directors from time to time. C. Secretary-Treasurer. The Secretary-Treasurer shall keep the minutes of the members' and of the Directors' meetings in one or more books provided for that purpose, see that all notices are duly given in accordance with the provisions of these Bylaws or as required, and be custodian of the corporate records of the corporation. The Secretary- Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation, receive and give receipts for monies due and payable to the corporation from any source whatsoever, deposit all such monies in the name of the corporation in such banks, trust companies or other depositories as shall be selected in accordance with these Bylaws, in general perform al of the duties incident to the office of Secretary-Treasurer and such other duties as from time to time may be assigned to him or her by the President or by the Directors. At the expiration of the Secretary-Treasurer's term of office, he or she shall turn over to his or her successor all property of the corporation in the Secretary-Treasurer's possession. D. Removal. Any officer or agent elected or appointed by the Directors may be removed by the Directors whenever, in their judgement, the best interest of the corporation would be served thereby. E. Vacancies. The Board of Directors shat! fill any office which becomes vacant with a successor who shall hold office for the unexpired term and until his or her successor shall have been duly elected and qualified. YZZ. BOOKS g1~TD RECORDS The corporation shall keep at its registered office, its principal office in the state or at its Secretary-Treasurer's office the following: Illlll ll~ll IIII! lull IIII IIIIINI (Ills III lull IIII IIII a g s,lss eal ~lP I.ITY OF fELfl f1ISC 118.00 Thurston ~o, lJR 1. Current Articles of Incorporation and Bylaws 2. A record of members, including names and addresses 3. Correct and adequate records of account and finances 4. A record of officers' and Directors' names and addresses 5. Minutes of the proceedings of the members, if any, the Board of Directors and any. minutes which may be maintained by committees of the Board of Directors. Records may be written or electronic, if capable of being converted to writing. The records shall be open at any reasonable time to inspection by any member of more than two months standing or a representative or more than 20% of the membership. Reasonable costs of inspecting or copying shall be borne by such member. Use or sale of members' lists by such member if obtained by inspection is prohibited. YIZZ. LIMITATION OF CORPORATE ACTIYZTY This corporation is organized as anon-profit corporation pursuant to RCW 24.03. Due to the non-profit status of the corporation, generation of revenue of any sort, other than donation, membership fees or earned interest is precluded. ZX. AMENDMENTB These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by the Directors at any regular or special meeting of the Board of Directors or at any regular of special meeting of the members, by vote of a majority of a quorum of members in person or by proxy. In the case of any conflict between the Articles of Incorporation and -these Bylaws, the Articles shall control; and in any case of any conflict between the Declaration of Covenants and these Bylaws, the Declaration shall control. IIIIII VIII VIII VIII Ilu IIIIIIII VIII III (VIII III IIII 5ge 118 a e;a ziF CITY OF YELM MISC sla.ae Thurston Co, lJR In witness whereof, we, being all of the Directors of Mill Circle Community Association, have hereunto set our hands this day of •-.b~, 199. m D. Huddleston es Kitchen s~t~ _ Christa Huddleston STATE OF WASHINGTON COUNTY OF THURSTON ss. ~, '''~ Frances Kitchen On this 1~1 day of ~Y ~(~li~;-~~.luP.~ , 1997, before me personally appeared John D. Huddleston, Christa I. Huddleston, James Kitchen and Frances Kitchen, of the partnership that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned and on oath stated that they are the only four partners of said partnership, and that they were authorized to execute said instrument. IN WITNESS WHEREOF, 1 have hereunto set my hand and affixed my Offici~ll Seal the day and year first above written. ~.• g1 .. . ` ~ r `~ .. ,c,a~, 'f~ ^, ,...... ~. ~+rk!~i~F• t'l~S~~~~ ~~. '~urnn•~"••. i0 Notary Public In and for the State of ashington, residing In U My mission expires:5,,' ` ` ` II f11IIlIl II~~~ 11Il~~II~III I~~I d5 ~ 11a62~#~iF IIII~~ ~IIII I~II~ ~~~~~ II C f13.88 Thurston CITI' 9F YELM MIS Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Stormwater Facility Maintenance Agreement 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Huddleston, John D. 2. 3. ^ .Additional names on page _ of document Grantee(s) (Last name, first name, middle initial) 1. 3. ~ Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Lot 1 of Short Plat No. 8155, NE 1/4 of Section 25 Township 17N, Range lE O Additional legal is on page of document Assessor's Property Tax Parcel/Account Number: 21725140200 II~IfIIIIIIIIIIIIIII~II~II~III~I~1IlIIIIIlIlI1~I~IVII1~ a as 1189 04 ?1F CIT'f OF YELM AbR 322.00 Thurston Coy uA COMMERCIAL INDUSTRIAL AGREEMENT TO MAINTAIN STORM WATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN' JCH DEVELOPMENT 1TS HEIRS, SUCCESSORS OR ASSIGNS' (HEREINAFTER "The Owner") AND THE CITY OF YELM (HEREINAFTER "The Jurisdiction") The upkeep and maintenance of storm water facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This agreement contains specific provisions with respect to maintenance of storm water facilities and use of pollution source control BMFs. LEGAL DESCRIPTION: See Attachment "C" Whereas, The Owner has constructed improvements, including, but not Iimited to, buildings, pavement and storm water facilities on the property described above. In order to further the goals of The Jurisdiction to ensure the protection and enhancement of The Jurisdiction's water resources, The Jurisdiction and The Owner hereby enter into this agreement. The responsibilities of each party to this agreement are identified below: THE OWNER SHALL: 1. Implement the storm water facility maintenance program included herein as Attachment "A". 2. Implement the pollution source control program included herein as Attachment "e". 3. Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in 1 and 2, above. The log book shall be available for inspection by The Jurisdiction staff at 701-B Prairie Fark Lane during normal business hours. The log book shall catalog the action taken, who took it, when it was done, how it was done and any problems encountered or follow-on actions recommended. Maintenance items (problems) listed in Attachment "A' shall be inspected on a monthly or more frequent basis as necessary. The Owner is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its monthly inspections. These completed checklists would then, in combination, comprise the monthly log book. Mill VIII VIII II1N IIII VIII{Il lll~~l III III~I 1111 III Sl@b" 189 041 '1P I.ITY OF YELti AGR 32.08 Thurston l.o. uA 4. Submit an annual report to The Jurisdiction regarding implementation of the programs referenced in ]and 2 above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: a. Name, address and telephone number of the business, person or firm responsible for plan implementation and the person completing the report. b. Time period covered by the report. c. A chronological summary of activities conducted to implement the programs referenced in 1 and 2, above. A photocopy of the applicable sections of the log book with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties not affiliated with The Owner, include a copy of the invoice for services. d. An outline of planned activities for the next year. THE JURISDICTION SHALL: I. Provide technical assistance to The Owner in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as The Jurisdiction time and resources permit, at no charge to The Owner. 2. Review the annual report and conduct a minimum of one site visit per year to discuss performance and problems with The Owner. 3. Review this agreement with The Owner and modify it, as necessary, at least once every three years. REMEDIES: I. If The Jurisdiction determines that maintenance or repair work is required to be done to the storm water facility existing on The Owner's property, The Jurisdiction shall give the owner of the property within which the drainage facility is located and the person or agent in control of said property; notice of the specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by The Jurisdiction, written notice will be sent to the persons who were given notice stating The Jurisdiction's intention to perform such maintenance and bill the owner For all incurred expenses. The Jurisdiction may also revoke storm water utility credits for the quality component or invoke surcharges to the quantity component of The Owner if required maintenance is not performed. 2. If at arty time The Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, The Jurisdiction may take immediate IIll11I1llllllllllllllll((!l~!!(~~( j p 851857 ~J IITY OF YElft (!!((((!!(!!(((((!!( d~. 0br Iy98 y4 21P R6R s22.dN Thurston Co, uR measures to remedy said threat. No notice to the persons listed in Remedies 1, above, shall be required under such circumstances. The Owner grants unrestricted authority to The f urisdiction for access to any and all storm water system features for the purpose of performing maintenance or repair as may become necessary under Remedies 1 and/or 2, above. The persons listed in Remedies 1, above, shall assume all responsibility for the costs of any maintenance and/or repairs to the storm water facility. Such responsibility shall include reimbursement to The Jurisdiction within 30 days of the receipt of the invoice for any work performed. Overdue payments will require payment or interest at the current Iegal rate for liquidated judgements will be added. If legal action ensues, any costs or fees incurred by The Jurisdiction will be borne by the parties responsible for said reimbursements. The Owner hereby grants to The Jurisdiction a lien against the above described property in an amount equal to the cost incurred by The Jurisdiction to perform the maintenance or repair work described herein. This agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of The Jurisdiction. It shall run with the land and be binding on all parties having or acquiring from The Owner or their successors any right, title or interest in the property or any part thereof, as well as their title or interest in the property or any part thereof, as well as their heirs, successors and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof or interest therein and to the .benefit of all citizens of The Jurisdiction. -~C~,~~~~``~ ~~ °~ Own /Managing Partner STATE OF WASHINGTON ) )~ COUNTY OF THURSTON ) On this day and year above personally appeared before me, _ il'~Y'~i ~~ ~[~ Lei G 1."" fi;~~, and known to be the individual(s) described, and who executed the foregoing insl:x~,ent and acknowledge that they signed the same as their free and voluntary act and~~" d for the uses and purposes therein mentioned. auw Irn U~}• r~ •.I~iyen under my hand and official seal this 1_ day of "h ;; v+'.~-~ i1f,r , 19 ~'r ~. • ~ .~• N ~ GFd s : _ ~ Notary Public in and for the State of .., °'81-1 ;' ~ ; t ~.. ;. ~ , ;~ ~; o~; • Washington, residing in ~~~ _ . ~~ ~; ~ . •• ;P 9'Q '~ ~~ My commission expires ~,7 ~ ~, . fi Itasta ni~:~~ i IIIIII VIII Illll VIII IIII IIIIII IIIIII III VIII IIII IIII a5~ E118 ~ d4121P CITY OF YELtI AbR 222. AB Thurston t,o, 11A 00 O 6 R N Ca a W m ~ J 9 Q U Q ~° F z~ W ~ ~U U v R Q C .~ ~ v ~ S a. ~ ~ 6 ~ W Y +~ ` C y ti~ S ~ ' O S ,c3 t o u ~ ~ a , u N ~ Fm S ~ 'a ~ O N hC N G 4~ ~C $ 9 ~~ . y~ i. Y 6 $ °- '°- 0 3 ° m u ~ ~L .g a u m N ~~ c 3 u u .L c 4 ~ ~ ~ o n " 2° a $ ~' ~ S co u '~c 4 U o 0 3 ~ 3 w Y~ U u a a o s a v o `ova ~ ~~ b ~ a ~ ,~ b Y a ppG ~ uM 3 in ~ C ~ 6 `~' 3~ p z.5 4 ,:, s a~ . rb ~g a° `o G ~ N ~ F L T ~ a ~ c ~o T O O CO ~ ~ h 3 P.~ ~ O ~ u t ~ s ~ o ~ ~ L L C O u c u c - c u 5 ;' ~ o _ e `a `o E `o ~ > o ~ m E ~~ b is ~ ~ g o u ms. .O S `o ~ U C C ~ a ~ 'V ~ c ~ S ~ u 3 ~ y C m 0 v G m 6 ,e o-~9 a a _ ° 0 3 `o y o C ~ 'O 39 ~` m 1`" h .o ~ E~~ o Lam' 0 ` ~ 4 a S = > z a rat F »~ `~ ° o p 'e 6 ~' L y S q m 4 O "4d ~ O 3 N r W N O y C pp p ~y u .~ E a t S ~ ~ u N V r m c E N N F- ~ f ~ ~ < f < i 3 r 0 F u Illllllllllllllllllllllllll! P~ ~, s5! ~~ CIiY OF Y llllllllllllllllllllllllll d5.•dS; -c ELM A R 1 19y„ b4 [IF G s22.dB ihursiun CO, WA A w F z 0 U F z w x U ~~e. a "~ ~ ~ ~ 5_~ s =s ~ s ~`u 7 ~ ~0 3 ~ ° ~ ' +. i. G y 9v ~ - N c m g m E E ~ ~ E t a u E~~ $ $V~ u Sc` r n ~ ~ ~ u ~ "~ : t~a yr ~ . C F.' C m ~ U U u s YO v qq V~ Y 'O b 5 x r ~ ~ w r ~ Y S ~ o 'o -° .~ ~ O °c a. ob ~L 3 ~ ° g ~ 3 e '~~` a ' ~~ .x g ~ m ~°- ~ ~ ~€ ~ ~ x. o ~ ~ ~ E°Z, ~.~ n " V $ ~'~ ~ c o $~ rc =~ ~ .~ C N N J u 'a ~~~ SL N $ S~ ~ V ~ (:7 ~.o q ~ ~ H N ~ a ~ ` o~ ~ s Y = u '~ U > L U w M 3 m L O ~ a ~ o o u p N V L L y~ 8 n ~ Z' ; O C ~ ~ .~ ~ ° ~ rj ~ 3 U C~ g C ,~ u u m . . u ~ F . ~ C C ~l > $ O C ~ q Y O r. ~ w Vl N f~ Vl V O N N 3 M °~" m ~ ~ S ~ ~~~ c C 's S ~ o .E y ? ~ c o O o g ~ ~ ~ € e ~ "O m ~ '~~ ~ '° ~ eo c~ ~ ~o 0 6 o E~ 3 a C V_ a Q N ~ '~ U N a < 5 N ~ s f N f ~ < `a 2 n O T`, G !~~1~~6~E~~mWl~~ r',',~v„ u 3 a a Y V W u r~ - F - Z ~ h m < `_' a W > U U ~`', V U u O d C C u ~ '~ N SI ~~ u! 'D~c o 3 c ~ u ° ° u a v V o t $ - a ° a ' i " ° o v i 5 3 N S S~ c ~ N ~ 'O > Y a ~ a Y ~ C N 4 ~3 v J o ~' ~'D N .~ a u .~. ~ r 9 ~` N p m 7` 9 _ O U Y ° ~i 9.6 ~ Y u ', ~ b ~ O C ~ N U 5 m~ ~ ~ ~ ~ . y t D° a O V X ' y S. 8 8. ° C ~ w Y =E =m '~ a a v 'a c. a ~ a O= 3 >" fn ~ m 5 _ s >. M a 'S er6 r `o ~ ~° M~ 3 s °~ e ~'7 a G 'c ~ ~ S m o .5 ~ u - r yy ~'a '3 ~ ~ ~ ~ ~ ~ z ~ E c ~ E~ L~ 9 S ~ ~ ~ C v ' 9 .Y ~ N Y m ~ L C~ C U p ~% c ~ u~ o ~ u ° o u - ~ e ua ~a S m 3 ~ ~s ~ ~ ~ `c u~ ~ 3 c m 3 - 3 v ~a° .a °c 3 FF 9 u a ~~ x ` ,°~ ` t ~ a ~bn~~ F 4 °"3 S p 3~ 3 w m~~ ` o 0. a < a > 3 o o . a E' a o G~ o f o d 6b 3 .u a ~-" 9 c ~ < v .. >$ c ~ ~n ~ v ~ ~ a ~ m u a p p a ~ E t ~ v °uf `o r ~ ~ r, 9 0~ i ' v i > Db H ~n > li!_ ~ IL g s a C V O ~ ~n 6 yCy L ~ i O m C ~ V! N E ~ < f f' i `E < ~ 9 u T 0 u 2 6 < O L ~_ ~S~j 4 < on a 'a 'O a a a Q y W u a L ~~ F '' u ~.n ` C ~ U ~ a~ ~ u w U t' a U d u O Ir m Z s o ~ ~ v c ' i uy o 6 ° ~ ~ .C ° - C .v ~C ~ 9 - n °c G B~ 5 ~ y e ~ .~ Sy p a 6 ~ ` ~ ~ . o o ~ 8 ° ` y ~ ~ ~ ~ $ ~ ~~ ; p ~ c 9$ .5 ~ ~ A ~ ~ E t .o 5 ~ ~~ $ .~ o y oe S~ e `o b'` s ~ .5 s F '~ u ~ w ~ ° ~ ~ 'a ~ o u c o ~v ~ r ED _ 'Fa S~ ~ $ ° `o E ~ .5 ° .5j c c.u m ~ c U E ~ $ a Z` ; _ ~.. a pp 3 ; S ~ ~ ~2 ~° ~Yu' 5 ~~ c ° am" ° ° u u '~ ~ m ' ~ ~ ~ ~~ o ~ N ~ u y r u a H ~ F ~ W~ v~ ~ Z • oD O T ~ O b ° y pp 6 Q Vi u~ p O N C :a m C tai ~ G u b C w '9 O - o ° `o p~ d~ V y° y J C t p 6 O ~j ~~~ C V C~ - t g ~ S a 3 u ~~ e ° u ~ ,~ L Y~ ~~ ~ C V ~ ~ ~ u C 4 ~ v ~ N L m.5 ~ yu 5 ~~ '. . V V ~ L c ~ ~ g 5 `o ~ ; $ g N ~ y $$ ~ 3 li . 8 v 2 ° fi o a ~ Y 6 $ ~ w ~ ~ O~ d y C J 9~ G O ~` m Op C a » ui ~ ~ D o °u ~O G A N jC- ~ U Y 7 C V V C ~ ~- H ~ 3 m ~ N ~` ~ < a < < < < < ~ C 2 6 < O L ~_ ~S5 C ~I~~II ~IIII Illlf I~I~I ~i~l ~I~~~II Il~llf II~ ~~~I~ III ~~~I 5~ b i18 ~ N4121P CITY uF rELl1 A6R 122.09 Thurston Co, WR a G •a W :~ Q Z °J Ow U ~ .. ~°. z3 ~ a ~ ~ x ~ U ~ O ... ~ ~ ~_ ~ • ~ 0 o Y O ° O O Q 9 L W V ~ N N ~ t y ~ C ° m m ~ ~ 9 Z d `o ~° 0 H ~ s~ b ~ sd~ b aD o s ~> ~ ~ o a a ~ oa. ~ ~ O 'O 0 t yy 4 u 0 7 Y N V 'S ,M N ° v ~ ~> ~$ ~ 5 ~ Q W e L ~~ ~ y ~E O v ~ V S ~~ , ~ v » $ w ~ u 'o 9Y N S rJ p4 O p > 8 ° r V m m E7a 5 °~~ ° s ~~, 9 ~ m ~° m c . a .. o ~ B o` ~ ~ . r ~` u 3 0 ~ 3~ a, o • 1 (L - 00 o 'C ~ y_ 9 b~ C ~~_ ~ Y q , V 9 . ~ „ `o ~ ~ c E - ~° a° y 3 a -° ~ m ~` ~ ° o - C ~ C t ° ~ ~ ~ m C g G ..~ ~ 9 N `C°ra . u~ ~`~~ ~ ' a>.m sm u Q N .~ ° N ~ ~ u rJ' " a. ~ b X o.a u ~ ~ u ~.c 5 b 5 .5 ~ ~ ~ u ~ `o ~ ~aq T~ G tC Y F 3~ '_n = v V rJ' u-n ry ~ G u ~.~ ro '~ 9 F ~- u G u L E ~ E ~ ~ '~~' L ° ~ 3 ~ m m ~~ 'e $ n a .S n u Y ~ ~i~iS Y ~~ Y .R~ 'n S pp t 00 " 8 O Y 3 ~ n~ .S 3 9 a V i. a o . a Z : ~ o m ~o " a x $t~ g ~ rt ~ y ~ ~~ a' b ~o S. ~ O b m c E F- < < ~ ~ Y °`a c a `o a F ~S a e II(Illllllll11111111111111Illllllllllll(II111f IIIIII(II 5~ 6,85 d~I SIP CIPf OF YELM RGR t22.RA Thurston L'o, uA ,.., o A~ W 9 0 Oa Z ev d W ~ U O FFF""' ~ Q ~ to 9 ~ U ~ °'3 E m~ u „ o ~ '" .~0 ~ a ~ T ~ °o. o ~°. ~ ° ~ ca ~ 6L E ~ ` ~~ v ~ ~' ~ ~ ° ~ 5 r u~ o . E m N ~ ,,. o ~N .~ ~ ~~n`o S s~ g i~ o ° E ~ o.x ~ u ~ ~ v ~ v 4 ~, c.a L ° o' ° E 5~ x o C O~ 3 0 u V u& L U N i V m ~ a. O a x. ~~ O '~ 'C u ~ O G .3p O ~ V y ~ v ? ~ o~ a t E v° . o_ „ ° m c ~. o° N O u u ~ = o ~ ~ a~ . 9 V d > D = a ~ ° 5 V ~n ~ F i 3 F vi S o o V C ~` u t _ L N ~ O L j _ r C Y 'L . d 3 O O ` C q tJ O. T H ° L p T G MM Y ` ~ ` ° ~, r "Sou a ,° ° u 5 0 ~ o ~ °Y~ ~ 3 ~ E ~ C ° w~°. ~. v ~ ~ ~ ~~r (~ m 6 ~ ~ ~ ~ a° 3 j N S G ° ~ ~~ u y 0 3 ~. ° 5 u N E o. ~ c r ~ y C q ~ E o L ~ SE Y O ~ ~ ! ~ ~; 0 0 a ++ en . . ~ . S 3 '~ ~u o a. U Y L L rj .S E° q 3 G C ~ p V ~° ~0. O y 6~ 5~ O O$ ~ P a C ~ Y V O y u O' . ~ N n y N ~ O C m C ~FF 9CC J u OD V ~" ' ~~ ~ L~ T° ~ O a ; 3.=o .,q.,oe F`"'.:-E r~~a VHV~ ~~ <va~ ~o <_ a~ O- `o a5 via €'~ ~ 9 c N Y a ~ 3 ~ ~ a ~ ~ ~^ E a .t u 6b O c w ~ ~ E ~ E ~ o ~ 5 ~ t- o ~ v~ `o H .5 `n ~ C > O ~ O OD '^s m 9 v m O art 3 m O ~Q 3 '^ v p 8 `o i PO LLl O d E [7 o ~n H A . n m pp 3 0 c 0 F t 2 0. O L Q I~llll ~I~II VIII IIII) IIII IIIIIII Illill III ~IIIII III IIII ~ s 118 a4 liP CITY OF YELf1 AGR s2:.dd Thurston Co. WA 'O or 3 .-. ~ W „~, u 9 zp O a° U L o aH :~ Z Z W ~ y U ,°a G a° C ° Y _ o ~b u v 5 ^~ Y E ~ ° ~ ~ a ~ ~ ~ y ~ ~ ~ ~ ~ v ~ s H Y s ~ 5L 8 » E.~ E ° C €6 ~ S o ~ EN a~ ~a~c5 = - ~ $ ~ ~ .y o o v~ E .. c~ 3 .o a C a 0 3 .° c o V .° ~ ~ 'w a .a 60 c o ~ '= 3 N N ~° ~~ p ~ 8 ~ ~ ~'°" ` O U = ~_ 9 m _ ~' O Y u~ G Y M~°jj L 'J' O 'C S C 1J' 9 O C ~ ~_ U ° ~ ~ . v E h Y Yom, o ~ U ° u o ~ F e u a" E .Fc W F m~° ~ ~ vl ~` ? ~ (1 ~ a K c o U t c y, $ s - u ~ ~,-°, 3 3 .L 6.3 0 o ° N u c N E° Y S ~ ~ ~ ~~B ~~ ~ ~ e ~ ~ y _ s a„-a~ _,a o,, ~~ wg ;, ~ N" ° E v o ~~ ~ ~_~ c ~ V v~ ~ o _ M ~ ' U o r~ ~CC'3 C 3 E ~ °E~ ~ ~ 3 ~ e °~°$u a ~~O$ m 6 m ~= t m 05 3 ; gQ o N a e~ ~ ~ ~~ p ~ 3 m u '7 5 Y u ~ FC c L a .e C E o ~ FD 3 O ~- "d u 'o c s - ~ a '" ~.3 b u 2~ ._ 5 c . ~ au v ~.E . v w ~~ G ~ c U y LLD C N G t ~ Y C_ u a.~ T _ a O0 'MV'P ~N»~~ ~~_~ ~ ~ ~° °s r°~ °a" r a '3 .~ E .. ~ u o n F w ~. E t o ~~ V :. v°ji v ~. . '~ ~ < v a 'V. rq 3 < 3 z~~ O -E o ? 5 ~n r A ~ a c x ~ ~' ~ r~ g ° , a ° '" E 0 a h u 0 6b ° 5 a u s c ~ vpe 8 E ~ Y 3 r= 5 ~ r p va o` 9 rn .5 L ,n C O ` m m a E o ° 9 m o: m o A ° v ~ '° ~ 3 uQ; ~ N v pp y 6 `o h e 0. ^~ {7 O O. _ ~ o N m 3 0 f u f t a Q IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 5aa6.118° as 21P LITY OF rELM AGR Q:.00 Thurston Ca, LIR .-. w ~' ~ ~ 7G u [r 9 O O a° U ~ v C h F~ Z ~U M ~ V U C r w O ° ,~ " °_ n ~e "S c ~ ~ „ « c c ~` Sb o ~°. u~ ~, E .o ~~ Pr ~ v r 3~ 5~ '~~~E ° ~~° o N F E" ~ _~ 5~c9 - ~ Ey ~` ~ o .L o a ~ $_ E r v a ~ o e ° 6 o 3 o c C ~ ° V ~ ~ ~ '« v = .3 60 C O [i] c L ~ o c o O M u U p = g y ` ` O U ~ 'St ~ ~ ~' y 9 L o y ~ U 9 j C .u ~ ~ ~ r~~ ~~ A~ ~ ~ 5 ~ o ~ ~ ~ ° ° 3 i .? 3 ° ~ ~ t° ~ > oo E~ `~ u u ~ °$ ~ ~~ 3 as ~° T ~ Y ~ o~S ~ u a ~ ~ u~ d ~ 3 x° >' ~ ~° o ~ m w° ~ " o a ~ a ~ .3 ~ 3 ~ c ° E `- ~ r ~ ~ a o ° ~° ~ 8 `u a ~ ~ E S m a ~ m u ~ ; 3 g Q a „ u e ~ u ~ _ 7 c ~ 3 m°~ ~ ~ N _~ c r ~ E a i3 ~ u 3 ,(~ ~~ 'o c Y ~ ? E °u ~ 3 ~ ~ z g ~- .~ ~c ~ v ~ E v ° ~ e V y h L D q u e^ 1S C s 'L r° V G u E 9 .$ T~~ V m E ° ~ ° ° ~ - ~ ~ ~ c ° ~ ~i ~ c ~ ~ ii s $ ~ ~' v o e ~' Y 'z ~ ' ~ ~« ~~ '~ q'' 3 2 « ~ ° 5 € ~ ° 5 r, ~ ~ e g ' ~' ~ m E $ °. J° o 56 ° 5 _ u s c .~ p°p E ~ E y 3 ~ 5 Yi h- O to `o G. ~n .5 i rn ~ O 3 ` m m ~ E o °. $ ~ ~n a a. m o m a. m o '~ N D O y L W O w ~ O N 6 r a° a U T 0 t a a 6 `o « < Il~lil I~III III~I III~I ICI-Illilll IIIIII III IIIII~ III illl 5~e 118 ea 21P CITY Of YELM RGR 32;.04 Thurston L'o, WR O 7 O C 0 ~~ ~' F " za U a 4 FV z~ ~~ ~„ x- U~ Y F~ r U < " n m a u `e ~o s ~ ~~ ~~ ; fib,; o ~ ~ 'y L N ~ G ~ m F ~ ~ a ro ~ c a ~ ~ p _ N g ~ L '~^ ~ V O i5 C o U u ~ a a u °p - v o o o 'a ~ ~ ~ o v o ~ i o my z ~ z __ ~ x~ C = G s ~ m `o ~ 9 ~ 5 s ~ ~o ~ `o ~~ zL L V g _ e O S a o L ~ c OO ~C C K ' 'a 0 Y ~ 0` e ~ o ~ o 0 ~~ s~ ga. r U u ~`o ~ `0 .6 .. o M ~~~ 5 t E ~ 3° ~ ~ ~ y . x ~ ~ . m~ ~~ a5~ Y 5~ >.~ E e c `o .g '^ r1 o ° v 0 0 ~ 3 ~ ~~ a .~ ~s H E ii o O u i G ~ E D .. Vl m C E F < w ~ H ~ c C 6 O L ~_ ~$ Z 1 IIIIIII VIII VIIIVIIIIIIIIIIIII) IIIIIIIIIIIIIIIIIIIIII sad 1183 as 2iF CIT1' OF YEltl AGR t22.A8 Thurston Cu, WA w O Q ~ W z~ O a U L V z~ W u ~ a x~ vw 0 ~~ Q = v .W o ~ - .fig 4 g S 3 U ° a u Y .5 ~ a ° 9 ~ $ O N V t N Cm . ~ 3 ± r G _ Y° 5 S 8 a t S O C ~~ (~ j C C 5 . 'C Y ^ V 2 d O ~ eC 9 y 44 'p, 3 $ ~O- C Y o `o ~ G 9 ,C r .. G° ` ' C Y ~ m ~ Y° ° 6 v o` ~ 3 u , o ~ _~ _ Y $ E ~ ~ ~ 3 ~°~ °Y ~_ ~ od _ ~ a w _ ~ o. ~ ~ ~ 'o u ~ Z `o 'a Z a -'S p p Y~` H F ~ m V Z o . Y $ s ''~ C ~ ~ S ~C ~y r c `~ ° L ~ L Y t° C ~ ~ ~ O a RC ~ ~n ~ ~ a ~ . yG Y°~ e m 6 u se ° !i S 6 Y ST_~ ~~ o ~N'app O O~ .6 r Y Z 9 N r ._ m G ~ t ~ B J ' L 00 p L 1 2_ ~n u U a 'C r. ~ u v~u ~ c~ u o N~ `o ~°^ ~ 'O o o .~ `o a w ~ E ~ 0 3 a.:7 , 3 .5 u ° c E F F o - y= . 3 F U v. F `o ~ u. «~ U r 'u ~. U S v~ °ra o o m ` ~ ~'S o ~~ ° a c o a c ° 7 a $ Y ~ ` ~ ~ 6 ° F ua H ° U 3 ;3 m$ E O a c N C E ~ vl u v 3 .» Y 1 ;: 3 .~ 3 u 0 a 0 A a W a ~' 7 C V wa O U w j`Q Y r C^ ` L O U ~.~. Vl 3 U A a c ~ ~ Yi ~b Y ~ v ^ t w ~ o ; ~ c ~ ~`" 3 °; ~ 3 3~ 5 5 a ~ 5 5 ~ ° .°. d 5 ° $ ~ ~ ~ ~ ° ~ 2 o ~ " ~ ~ ~' 6 $ 6 ~ $ a a u ` ~ $ ~ ~ 3 6 p g E o 'L 3 u ~ ~ y4 $ g 5 ' ' ~ -" 0 0 o o ~ s ~ a; A s ~ ~ V 9 x C y ~ C Y ~ .Vn O. ~ O Y ~ ~ u t' ~ 3 ~ `ab N ' ° ,~ 'b v ~t °u b ~ ~ 2 ~ . E ~ o y ~ ~ ~ ~ ~ a 'c N U„v s C7 O3 U t~ av av `o 0 E w O C ? O ~ '$ C ~ S a ~ ~ ~ E o _ _C C _ ~ o e0 ° ° ~ ~ ~p 9 F4 a ~n N 3F yY. 4 ; .~ y 6` aa ~ b 3 .C O ~ ... p C EL Y O a . m S 9 > O = O ~ c 3~ u 'O ~ ~ ~ ,~ ~ C Q a . . ~ `c o D/. a ~ ~ _ x O. 9 u 3 E _ c ~ 'J 4 ..~ ~ rJ V O ~ ~ ~ j ! t ~ ~ C Y h y ~ v U N c v ~ '~ o.~ x "p C~ ~ =~ C~ c a 0 O O ~ O e o N E ~ a m 00 ~ V - u D 6 'C ~u 9 0 p ,p ~ C ~ _ O~ u m Y ~ ~ m ~ yy Y ~ u O Y G S YY G~ S' L j~ Z G C V~ C p D j~ 21 p o ~ 3~ ~° V U >' ~~ V ~ .~.i ~ V T Y D S U E U V ~ a ~o ~ a v `0 2 ~ ~ '" a '$ m .ax axx° ~ ~ . . F.. H O E O O ~ m u. m 8 a ~ aE ~ o 0 ~ ti ~ • U i p e ~' N y N 0 i L I IIIIII VIII VIII VIII IIII IIIIIII IIIIII II{ IIIIII III IIII d as 118 ea 2iF CITY OF YELn A6R 522.88 Thurston Lo, 41A ~" t1 M G Y ~a ~~ ad a -' w '` U `n O O O 7F " G A ~ u O W 3 ~U U u ~~[rr c a E+ ~ t y ~ Y S M C v u ~ a° ~ c ~ ~ ~ V T ~ G 4U 3 O ~C ~ ~~~ ~ ~ S y" 8 ~ O SH o ti E E o o~ ~3~ 8 ~~ o ~ ff' ~ 9 U E tl .~ u Yi ~ E p ~ 9 - O ~ .. ~ ~~~ ~ ~ ` O o = E y 6 s c u p, ~ ~ °E su ~ 5 .6_ -x`' g g ~8 E~ y N d ~~o a ~ C F~ ~ ~ .~ UE ~ .~ .~E u, ~~ o o `~ ° m °e a o c r L4 ~ C w ~ C 6~ Yi~ p C r u =u c ,°, ~ g°u o Ae r T'~ ? a ~r° a o. ~ m o C ."i ~ E V ° _ N w V 5 p 3 ~yaS' v n m ~ "a " E ~o = y u ~g o ' ~ a~:u o 3s ~ u`o~ e 5 u~ ^ m ~ ,o c a c. c ~ :i '~ m 5 .a ~ + o v $ a N N ~ . ~L a3 ~'N 3 A Y ~ ~ ~ F 0 ~ Y C C Y Y a ~ O ~ ~ o d °~ a.~ ~ a6.~' 6 o a. C : ~ ~.~7 ~ ' O C E g.a.~ C .a `o a ,2 OS°> <v3v ~~° dam„ u~ 0 ~E=~ ~ O~.,ZeE ~~~ u '^ ~ $s' Lao' ~ ~e p Y L o e S " a 5 °e 9 3 5 d c o 'Z .X 8 T" 9 6~ s m~ ~ g qC • ~ ~ ~ ~Yy op O .6 5 S ~ V 'd Cqy ~ N . o C ~ E m~ ~ ~ SZ ~ ~ C u O 55 C 9 d E ° ~'a ~~ °~ o U xx 3 E 3 U~ y ] u F 3 `m m c LL a E m _ 5 '~ _ u O . a: o` ~ Vf N .~i E H a 2 6 O s S~ C Y < IIIII~I~IIIIIIIIIIII~IIIIIIIIiIIIIIIIIIIIII~IIIIIIIIIII 5aabt185 nta 2IF I,ITI OE YELM AGR 322.89 Tt~urSton L~, lJA Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Liens 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Huddleston, John D. 2. 3. 3. Grantee(s) (Last name, first name, middle initial) 1. 2. 3. ^ Additional names on page _ of document Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of Section 25 Township 17N, Range lE ^ Additional legal is on page l of document Assessor's Property Tax ParceUAccount Number: 21725140200 II,~i~IIInIW~V~~INI~I~i~ ~,:.~'Nwe WHEN RECORDED RETURN TO: BERNARD L. PEREZ ATTORNEY-AT-LA W P.O. BOX 930 YELM, WA 98597 DOCUMENT TITLE Declaration of Liens REFERENCE NO. OF DOCUMENTS ASSIGNED OR RELEASED Not applicable GRANTOR(S) JCH Development GRANTEE(S) City of Yelm, Washington LEGAL DESCRIPTION Lots 1 through 29, inclusive, MILL CIRCLE ESTATES, according to plat recorded in Vol. of Plats, pages ASSESSOR'S TAX PARCEL ID NO. 21725140200 # # # # t # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # # !! DECLARATION OF LIENS THE UNDERSIGNED owners of certain real property located in Thurston County, Washington, described as follows: Lots 1 through 29, inclusive, of MILL CIRCLE ESTATES, according to the plat recorded in the office of the Thurston County Auditor in Volume of Plats, pages ,under auditor's file no. , in accordance with the requirements of Chapter 16.14 of the Ordinances of the City of Yelm, Washington, hereby declare and impose liens in lieu of open space against each of the above-described lots as follows: Pursuant to the terms of the Yelm City Ordinance No. 16.14.070, there is required from the undersigned the total sum of $15,932.07 as a fee in lieu of designation of open space incidental to the subject development. As consideration for the deferral of the payment of said total fee, the undersigned grants, declares and imposes a lien in the amount of $549.38 against each of the twenty-nine referenced lots in favor of the City of Yelm, Washington. Each lien created hereunder shall be payable in full, without interest, as a pre- condition for the issuance of a building permit by the City of Yelm, Washington for each of the subject lots. ~~roo~n~~uNi~~i.~@!!~ °m~~. The liens created hereunder shall run with the subject lots, and shall be binding upon all parties having or acquiring any right, title or interest in the subject lots or any part thereof. DATED: I I- I ~1J 1997. JCH DEVELOPMENT, a Washington General Partnership ohn D. Huddles on, Managing Partner STATE OF WASHINGTON ) ss. COUNTY OF _,~tl.:A~~1'l~ 1 On this ~ day of '~jru~hnlof ~, 1997, before me personally appeared JOHN D. HUDDLESTON, managing partner of JCH DEVELOPMENT, the partnership that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned, and on oath stated that he is the managing partner of said partnership, and that he was authorized to execute said instrument. ~` , ~~~~~ IN WITNESS WHEREOF, I have hereunto =~ ~~' """' ' ~ ;,~~•:. set m hand and affixed m Official Seal ~~ : •`~aTt,F.''~':,°.; _ the day and year first above written. ~±"' ,i~~.• .. ~ seal ~ Notary Public in and for the State of Washington, residing at ' ~ v My commission expires ; - ° ~'> !AVIIY~Iq~IV~~V~N~IHI~W~ ~ m . n WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS JCH Development,(hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be know as Mill Circle Estates, a copy of which plat is attached hereto and made a part hereof as "Exhibit A," on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights-of-way, and other public facilities and improvements; and WHEREAS it is necessary in the interest of public welfare that the areas so offered to be dedicated be constructed in accordance with the specifications hereinafter set forth; and WHEREAS, in accordance with the terms of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; IIIIJI! Ifill lllll IIII Ilil IIlNII IIl81 III IIIII IIII IIII ~ a 6'te 884 cIP CIiY ~f .ELM AGri (10.00 Thurston Co, I~ NOW THEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of twelve (I2) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of the foregoing .warranty and without limiting the City's remedies for breach of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and provide all labor, equipment and materials necessary therefor, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the Ciry shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said streets, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify the City, upon completion of such construction, the final total cost to the City thereof, including but not limited to, engineering, legal and contingent costs together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all of the provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a party to this agreement without the prior written consent of the City. I IIIIII VIII Iilll VIII IIII IIIIIII IIIIII III VIII IIII IIII N5/0b'119y8 64 21P CITY OF YELI1 AGR f16.0A Thurston w, uA IN WITNESS WHEREOF, THE OWNER has executed this agreement this day of November, 1997. OWNER~L~Q~t~~ _ CITE OF YELM ATTEST: ~/r.,~.. i~r~ - ~sT3UC GZrs 1~1:2~~"i'P~L Approved as to form: City Attorney `` l ``I ` l I ~I~~I~III~II~I~Ii~fIIlV~il~ as~asl s ~ e ~R1P II411II~I1IL111I111~1~~I~~I~ - 31a as lhurst~n CITY OF YELfI ~bR BILL OF SAL£ THIS BILL OF SALE is made and executed this~day of ~- , 19~, by and between JCH Development (hereinafter called the grantor(s)), and the City of Yelm, a Municipal Corporation (hereinafter called the grantee). WITNESSETH: 'Chat the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: All water mains together with valves, valve boxes, hydrants, piping, fittings and all other appurtenances as extended from the intersection of 107u~ Loop SE and Mill Road and extending down ] 07'~ Loop SE through out the platt of Mill Circle Estates. The grantor(s) hereby warrants that Ehey are the sole owner(s) of all the property above conveyed, they have full power to convey the same, and they will defend the title of said grantee against any and all persons lawfully making claims thereto. Dated at Yelm, Washington, this~~ day of ~yy~~~t~ , 19~ .Grantor ~\ BY ~°~`n~.~~ti5 par \` ~-"' 1l~It~~~ll~l ~II~I~I~~I~~II P ~~ 1859 ` CITr of r IJlI1IlJllllllllillllllll e~,.. . E~r~ 111 eb,~9~~a~.~Ip MSC 39, 0g Thurston Co, t1A STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that John Huddleston is the person who appeared before me, and said person aclatowledged that he signed this s ;~trument, and acknowledged it to be his Free and voluntary act for the uses and purposes therein mentioned. ~, ~ `~'Gtjt~:e.~. uii,~t;my hand and seal this i day of~1 ~ I Il;rhK-.lit"~ , 19 `~ L. :S~ ~,o-.~~.ry''w~ = ~-( ~`tl,iil~ 'fib. ~h:-w>.,~ ~;'., :°JCL1G =' '- . Notary Public in and for the State ?,'•.~'.p ~ ~p~?r'~ %' ~ of Washington, residing in ~: " ' ~ '• ....~ ' `.;.' My com~mssion expires ° . ~ i. Sys{~44t accepted by the City of Yelm this ZrJo day of ~L~ /~~ , 19 ~ City ofl!Yelm By. G~____~- t/1--~ Director of lic Works ``11 `` y` ` ` ~ IV~~~~~~ I~~~ I~11 0 9a X89 904~1P 1l11 ``II 1I I~11~1~~~~ II~~II~ ll~~~ s3.08 Thurs ~I~~II~~~lly IV~y1 nlsc CITY OF YELtI W _~ ~ C e- >a a' ~' o ~ ,~ o U Q Q ._. f ~ o 3 ~ E; G/ a W Z a W ~ E, 7 j ~ o U ~ z ~ F ~ ~ E-. d, h ~n N z 0 ~. V ~.1 O W W ~, 0 W F. ~. .. o ,~ 0 F-. ~+. ~ O O ^. .'" T v i. ~ n °' ~ U a w z ~ , ~• ° x Vlfi°irv ~ I a '- Y` ~ d' - .yam° a o ~ _ IBC ~ i :~ .x,0 _ 0- W c ~ o n:in W 1= ~ ~ ~ ` ~~ ~ - A z - ~ _ y~ ~ ~ W ~ ~ ~ a r ~ ~ ~ ~ O ~ a ~ a ~- ~ m o ~ k o 0 o o ~c~ ~ a ¢ o f Z ~ 1 W ~~I ~ ~-• ; ~ 0 ~ ~ u 0 ~ _ < t~ a .r~ ~ <~° o ~ - o - ~ Y ~ ~ W ~ ~ 3 ~ ~ ~i g ~ a ~ .. I ; ~ F ~' O ~ ~ ~~ ~ x ~ ~ :~ o 4 ° SS Cn t ~ ; ~ o t >• ~ ~ i= .. 4 w ..a ~ e O W -C ~ : Z p ~ Q{ h ~ ~ ' ~ ~ Y ~ ~ ~ I I ~ , ~' W ., . r+ W m : <C ., F-. _ : m U c ~ v~ d ~ Fi 0. y V`m a V ~JUkry~o r-- _ ~ >"`~o Air r 1 aoF j z.~.~NN Zy~°,~i n.Q ~~, iD I _ 1 :0 ~,.. Z __ . x _: r 4'~ `~~ i ~ oho,e GNU i ~ ~~Wn7 '"`°~Fa~ ~ Y°;e~n i ~ k P ~ ~aN~o ° c k' ~~0c~ooNO~ _ p{6~<~ ~ t~ N v m° aN 8 pk `~•a ~Y~~i,Oo-~~k ~ a ? ° t '"o~''oo ~ a FE ~ ' ~ ~o i'dn F x ~: O h U A'~ ~ =bW .a -ar F - 2W~~`~z~ o e{` FL ~`~`~..~:. eN~ .' a'c~ i. N ° ._.. ~ k'~`o?~o oN~~W ~~iF~ o° 2moy=. :'~^`io~ ~` H a J#,~~ atC, oln Fu'^ w F, ~,~ a~'ifo ,~ot'b :r - ter°o:: ~t =a. s _ ~ ~.~~ ~i~ ~.'~ e W zoo - _ . , `-'~ . > ~, „Nagaeo- W= ~ `~Q~o ~ ~ W _~ ki~i .„WN Wt xEW `sz r,h ~ (w ~~oNi FF ~oN `'"' ~~W 5F~ ~>~,mo iF ~~02 F ~~ _ ank o ~ `:Y,ic', t~~ eW,^t" = i~j~~ r~:~ ~'"` ~- ~ ~,`, 3 La 06,~.,g''lm r °W•E~ugeG_., ~e.,fz .~a~y ~~. lF~F~, ~ ~k b m~ 1 -W «d~N :»~ pf WS o=;E;==2NOQ: Rmsm``N _ ~ F~ e~ ucaC .Fz _ SF~, ,,~ `~' 1-~~~°o< a Wf" ~ l a° , o ~ =Fr~wW~Fo - ~Y~= »im=~a.„ I r' O~eW~= d ~ z° ~ y'3 j ., chi ~ ~ ~-`~ogaa`cdiiW ~Fa `c ~~o_ NF N .'^, (k'aL ," ~ w' t 2'Vt - ~~-_ t w =~~ ~~r~~°~ a°`~iF mF ¢e5~~m~~~r~~ ~~ _ ,a„3N iS E ~~ ~ z" e _~ Flo ^ ~ ~< '=.y, ~N;?~i ~QWV ;ate rk~e4 `kL.`W,N V.~ ` ~ ~i ~i~°~,NF ~ ~ ~~ _ o~qa ~ w ~~~"~°sNW~ ~~`=R °bW-~^°' ~o h o'~<~ o W~ a a~a~ - ;~z ie~ 'm~ q oq et ~~~~oo ~ k 1: ,~ ._ hoc ~.ro n_~ ~.<~o _~i~'.~ ~~ ,'ed},ao.ee.a~ ,, ., N ~ 030:'05 _ m _e r ~~ 1 ~i / r(1 x _ .~s Q~Ol~ ~jj~ [C'1.92 M ~B.,YS'.W S - [n Q T __- _ _ - __ Cf 099. __ -`_ - . _ _- _ _ - _ ° W 6fit161 ~~ 1 h .... '... .. .. ry ~ w CV .n _ ~ h ~ 01.:9 I w(( - ____ , n 1~ a 3 f I I i o l%° <_ ~~.~f `r7' ~ W t/l rn rya ~ ~ ~g W o (~ W ~ ~ ~ .... n :, r o n U a W= ~ O a - ~i ~ 7 ti W ¢ -a NIti o^ _ o Wm ~~»:: W ,~_~-.. ~~aae~_ e_.,ti__„ ...,,. .._ ^rv~r _ aa..., Hw«~ ~ ~ - ~ I ~ 2 a .....~ a >' Q 2 6t M Br BC.OD 5 N z~ e,,, ~ O ~ wre cr rr as'rr Dc.c as rr wool ~ ~ ~ ~' 3~ }I-• O E-~ r _ ° W ~ u ~ o ~. ~ „; h < F ~ is - _ -- - ---- _ YCBI~ ... d - _ ~ ~ 3.9i.r..w n ~ O ~ ~'~ ~\ 155 \ `~( /~pc-F, ~ ~ ~---~-- -- X13 ^I'~OP_-c- --c_ \\\ ° 'M .r .9, 7 W ~ 3.DC.rf.w N Q 39-~~' \U ~ Zf 911 -- -- ~v) HW~^ ~~~ i 1 ° ,- ~~ V\ ti5~i'yti~ 3.DUf.wn ~~ Qso~? ~ 1 I I I \~~ \\ \~ ~ z DD On I u ~ I _ _ ~ rD'su 3 . C1 C.w n ~~ n l ~ ~ O \I ~ 1 ] .DD./C.w N I ;iry , 1 ~O ~ I' _. i 4 I I 1 I ~ ~ ~I I VI l6 OO Y( OD's( w ~6 ~I w'Dll `7 I I ~ I BIZf( ~ J,r g9r.DD N ~~~ ~ w'DU I J J ].u~:atw N I_ W °I to ti'= I f ,: ~ ~- ~, Iri ~~ 41e ~I ~ ~ - W u : O I^ ' ~ I ,~ ;' ~ of ~ ~. ~. ~ ~ Ie QIII~ A II ~ ~~ - ~ V - ~ O - ~ ~ ~ ~~ I zt'Dii ; ~:. ~ a rf'nt 1 1 I o~ ].DCt r.00 N 7~ ~ az.zcit z 1 ~ ~ 1 I ~' ~~ ~~ ~~~ ~s aooz xs,cor rB3f. , ` _ BI.92 wOY _ ~~ ~ U •q.~, W !~ U W ~' _ yn° ~~~ W ` ~ `~ a ~, S Drc9 w~rm DD've wDV Do ov "~' LS'D6 Zi'9rt 22 r~ 099 3 .11C,[['.w N p ... .. rr ... ... cf~ L ' l)° \n ~ o s ~- E+ ter". ~ ~ Q U) W q O 3 Cwy F. J C~ /~ z >. by ~ ~ V 2, ~ O r~~y Z ~ t~ ~ ,A ~ F~ o d cnv z O F 9 U IMI w V z x 0 W O ~ z ,~. O F:. Cc, C[ O 0. ~ U ~I-- - 02 ryuAry 00 ~9 ~ / \ ~ 01'66 ~oa ~ a8g ffo 5~ 3 ,v~,v(',00 N ~.S Q~I 77IL1i LC'119Z 3 _M,vC.OV N ~o iT t" <~ _' °h?~W _o~asm ~V^~~o~e e8 o~~zffc<,. io I ~ z W i cie °I ` ~ . , I ~~u ~~ I mr' 6j ~ ~_ o-: ~ ~'O ~ ~ r; 1 0 ~ _ J - --- 1 P$h I ~ = °n ~ '~ ~,` n 1 ~~ b~ M ,9 11.00 5 ^ rv 3. \ a o° t ti .5 C ~¢ z eye >b S ~ ~ z ass i~wE~ ~ ~ e,e ~ i ~ ~ ~ ~ mph } ? I \ h n o99 ~ _ucu'.no N W~ pia ~ ~ -' ., i~r ._... ... ,. ~N L.°~~------~ -- ---- ---------~~ C9Z M .Ci.9C.oo 5 { km o^a ~o~ 4~ t2 ~~ ~ `< i 0 H w a' °o ~x h n ~3 0 4~j >C a; 2 O <~ < ° yyii ~~ O \~ z ~G w 1 M a ~ ~~O~t ~k'N Y~7~°^ ?~i~VN U ~ 1„ = ~ n ~~ ~ w r a a ¢~ ~ti "~ I ~'. ° ~ '~ ~ a " k r C ~ h .~~9.! n 1' iiii W c .... F ~ h W oo ° n ~ `~ c ~ h~ x ~ A ~ ~otL Y' a ~» ~ ~ 1 W' O +., ' s~ J oi~~~ e~~4'E O~ ~ ~~~$~ ~I U War-> E~"+ c~~~F ~ o w ~WW~~ U ~ ~<W MM~ i~°~o 1'x'1 ~~~~t ~ `~Y~ Y ~ ~~'_' ~? d~ Sj~~°g a. EYW~S Wi ~~ ~ ~ Ek ~~~~ W~ _<~§` ~~ z of ~ c.a ~ ° < "'"~ i~ £ i Y' ]~^ ti ~~Yi °~ ~ " o jk3,ff >;~ „gM S~N ~ m ~Q V W eo° ~~ ~ ~"~W =1 u Faa -, ~Sok zk ~oM ~~~_ zco oYE °~ ~~°~ wp i~ ,~, ° ~~$ aW sCY~ y~ Y~ ~<~ zco i't°' $an Fp mG 1/ 'k ~"~'~ M~WE mi L^z ~~rc ~~i ie ~m~~ Fi <~ J ~ C.~ ~J~l f s . ~~^~~, ~ ~ ,,~ After recortlinc rctur o: ~~~/// Yclm Community Schools Disu'ict No. 2 404 Yclm Avenue Wcst P. 0. Box 476 Yelm, WA 98586 Attn: Jahn Thomson D4ITiGA'I'ION r1GHL'I;A9LN'I' THIS NI1"CIGA'tION AGREEMENT .("Agremnau") is made this ,q day of ~1p..ro~~, 1996, between the YELM COMNIUNI"fY SCHOOLS DISTI2IC1' NO. Z, Yeltn, Washington (the "Dish•icl") and JC(i DBVELOI'61LNT (the "Dcvelolx;r'"). ` 22t_~ A. 'l'hc Developer has submitted an application to the City of Yclm for the conslntctiuu ~y~~fxSsinglc lamily dwelling units, couununly known as Mill Circle 1~sl:Ues, (the "I'rojecl"). '1'hc Project is located ou property that lies within Disu'iet bouodarics, more particularly described un Exhibit A, attached hereto and iucotpm•:dcd herein by re(cratce. ' , ~tovides B. The State Givironmental l olicy Act, Chapter 43._tC RCW ("SEl A") l processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval m• the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts mt public services, including schools, arc environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. 'fhc District's student population and growth prujcclimts indicate that the Project will have an impact on the DisU'ict, what cunudative impacts ul other projc:cls arc considered. D. RCW 82.02.020 ^ulhoritcs the District lu cuter into a voluntary agrcancnl with the Developer fur payment to mitigate llte impact u(lhc Devclupu's Project. E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to rccouuncud that the direct impact of development be vulunuuily mitigated by the payment of fees and other' ntitigatiun measures where appropnalc. F. "1'he Dcvclopcr has agrcul lu milig:ue, un a voluntary basis, the adverse impact of the Project on the District. r\(ilt~JVJj'.N'I' NOW,'IIIERLFORE, in consideration ul the above recitals :uul the uunu:d pn;mises and covenants below, the District and the Dcvclopcr agree as follows: I . The Dcvclopcr acknowledges :uxl agrees that there is a direct impact on the District as a result of the Developer's Project and that this rlgrecmcnl is nceess:uy as a result of that impact. II~III VIII IIIIII~ III VIII IIIIIII VIII III IIIIIIIIII Till t)3 05i 6 0 ~B IIAR YELtt 6At1t1UHITY St,Hi]Ol$ RGR • I Ililli VIII IIIIIII III VIII IIIIIII VIII III VIII IIII IIII T gOsl 6 oC B:~fl YELt1 COAt1UNITY SCHOOLS AGR f1O. 2. The Dcvclopcr acknowledges :utd agrccs that in order to mitigate the direct impact of the Project, the Developer has of(crcd to pay the llisu'ict the following sum of money: Six Hundre end tfty and No/lot( Or~ollars ($650.00) for cacti single family dwelling u`'t!t, Mitigation //,/ sum of ken lhousand,itms hwtdred fifty and Nu/100 Dolla~s~ af~~m LJ- Payment") for tl>~ ~Ya~ single family rlwclling units. `` 1 3, Any extension, renewal, moditication or umendntenl to the Project that results in an adjustment in the number of dwelling units shall result in a con•csponding pro rata adjustment in the Mitigation Payntcnt• 4. The Developer agrees that the payutcut of the Cull Mdwctll~t*~nyhor fourteen amount of six hundred and Ct(ly and No/100 Dollars ($650.00) p' 6 thousand, nine hundred fifty and No/l00 Dollars ($14,950.00) fur the project, shall be a condition of building permit issuance and shall be made prior to or at the time of building permit issuance for each siogle family dwelling in the project. 5 "1-tic Disu'icl agrccs to rcatrd ibis Agrecntent alter it has beeu cxecutal by the parties. (. 'Cite Dcvclopcr acknowledges autl agrccs that lire Mitigation Payntcnt is :unhorized to be used for capital improvements to rite following facilities: Kurt 5levcns Llcmcutary School, Mill Pond Intermediate School, Yclm Middle School, and/or l'elm Eligh School and/or any other facilities that may be afl~ected by the Projec[ and/or the pm•ettase of portable facilities and/or school buses. 7, The Dcvclopcr agrccs that the Disu'ict has live (5) years from the payment date to spl nd atlle6N1~"g~~e wePtahat the t`litigation Paymenttis nuttexpendedewitl tit ttl>usc to ~ yc:usathe p' "~ g P moneys will be refunded with interesl at the rate applied to judgments to the property owners o record at the time of refund; however, if the Mitigation Payment is not expended wtlhm five years due to delay which is attributable to the Dcvclopcr, the Payment shall be refunded without interest. g, The Dcvclopcr waives and relinquishes its right to protest or challenge the payment of the Ntitigation Payment pursuant to this Agrecmcut and hereby covenants and undu-takes that it forever refi'ains and desists from instituting, asscrtiug, filing or bringing any lawsuit, litigation, claim, a' challenge or Itcrfonrrt ngc or Lnpravc ncnts p~o ~idcd titr thcrcni,~or :tnylofyits lertns reimbursement of funds, p' and conditions, tin any ground tit basis v: h:usocvcr. 9. 'Cl;c Disti'ie;t hereby waives :ury objccliou to the 1'ruject as prescttlly proposed. 10. ~fhc DisuiU and the Ihvelupcr agroe that the Nlitig:niou 1'ayutcnt will be full and e:omplcte mitigaGuu fur the inyxu;t of the Project as pr~:;cutly proposed tin lire District. I I. 'I'bis Agroc+uent shall be binding upon and iuurc Ut the bcnefil ul the heirs, e:xccutors, :ulntinistr;tturs, successors, and assigns ul' both of dtc Dcvclopcr and the DisU'icl. 12. II au action uu+sl be brought to culurce +hc tcnns ul this Agn:emcttt, such action shall be brought in 'Churston County Superior Court. 'I'hc prevailing p:uty shall be entitled to payment of ifs costs and reasonable attorneys' fees. l3. This Agrcanent cunstiudcs dtc entire agrcanau belwccn the parties and any other agrcematt tither written or oral shall be null and void. CX111131"1' A LL=GAL DBSCRIC'TION General Loe:aiion ' f (\1 II l ' ~ li ~ nt to mill Pond Intermediate 'clx~ol Section ~ Township 17 Range I I: Land Arca 9 5 Acrc_ s ~ndudu~e PI ~c RO'~~h 95092D0177~Vo12459 of Gcncral l dcx ~lagc G1~2,Ncco •ds of Thu sto n~Cowriy~IWashuigto °~ Description: rLi1S111S!61~-(;''>11ll1X ~ tl~ CI"~ ` IIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIII 63/6s1 6aC BURR 'fEltl COt1tIUNIiY SCHOOLS RUR -3- DATED: DA'I'L=D: S'I'A'I'ti OI~ WAJtIING'1'ON I IIIIII VIII IIIIIII III VIII IIIIIII VIII III VIII IIII IIII i3~ ~ 6 G 88' t~bR YELt1 COt111UNIiY SCHOOLS RGR fIB.00 YELM COMMUNITY SCHOOLS DISTRICT NO. 2 [3~ C~rlc~A I3al~ Its Superintendent 1ClI DL'-VELOPMENT `Sc~ ~ti~~ ~--~s~~ T3 ~:~ Y~+~~ Its ~ a'-~c'~~ COUNTY OP"l'tIURS'1'ON I certify that I know or have satislaetory evidcncc that Charles A. hall is the person who appeared before mc, and said person acknowledged that he signed this instnuucnt, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent oC the Yehn Community Schools District No. 2 to be the free and voluntary act oC such party,~or the uses and purposes mentioned in the instrument. Dalcd: ~) I% - ~ ' ~~? ~~lC ~u- GUS' '1'il c Poly appuintuletlt expires ~ ~ • ; ' STATE OP WASIIING'l'ON COUNTY OP"I'EIURS"I'ON I certify that I know ur have salisCa~tory evidence that Juhu ll. fluddleswu is the person s'leledl'lhl1 I1C twa5f AUIhUIIIZCdalo cxcclnct tl cuiustn meutl,:uui aekllu wtlc Igc Itlitlllslltthc 1Lcgal Represcutative ui' JCII Dcvclopulcnt to be the I'rce :uu1 voluntary act ul such early for the uses and purposes muuioncd in dle iusuvulcnt. Dutcd: cF~~~~'~~ ~lr ~y ~~ ~y~ 1~~-~ ~ ~l Title p-ly appointrnuu expires r~cmi9.ob~oo.ucrv~nc~~a.ooc -4- . ~ 1~! ' . ~I~~: ~ ~~ ~ ~~~ ~ " , uecLnRn'r1uN or snuRr pl.n•r nlnl (;uvsNAN•ls xrlow AL,I. ru:N nr 'rnrsr purslarrs: , WF., 'L'llli UNUI?R;;LCNp,11, bo.ing ownurs oC ccrCul.u renl propert'Y situated in Che 'l'awn u1: Yelm, '1'lun'sCntt Cuunl:y, :it[tl:e ul: Wnshlugtvn, more pnrticularly described on hxhlblt• "A", nCenchud harntu Hari by Ch.Ls reL'ereuce ChereL'u iacot'- posted herein Ps Chuugh CulJ.y sat CurCh herelu, du haruby declare dtv following: 1. '1'hnt sold rent prupurty lots boon nubdlvLded :Ln nccurdnace with Che provisions oC Chapter 511.17, Ihtv:lsud Curie ul: IJnshLugCou, and 'lbws of Yelm Urdinmu No. 105, and I:hnC sold subdlvlslon ans nppruvod by the 'town Gnglueer oC the 'I'•nat oC YeLn, SL'nCe uL' WnshlnltCo++, un Chu _ZZ_ day of September r , suhJact L'o Che ..., 19 95 , as ShurC I'.lnl: No. _p 155 . _ _._ .... _. _ .... -- - liollow.lug cuvaunuP..•r nn,l cnud l P.l un:r: 1 (rr) ':old descrlbo,l tool luuparl:y umy not' ba lurl:hor nubdl.vldod In any uuut+tra' Cu eCfecC• n dl.vl.slun I:horouf Info uu+rt• Chan a Cutnl ul' font pnrce-n w1.t:hLn I1.vr. yenta Er 19 95 ilr„ __z_7 day ul` September unles•r and uutll. n I:Lurl plat covr.t'.ing :m.ld real. ptuparl[y shall, hoot. Loco Iilad fur record wlCh Lha, Audtl:ur of '1'hursl•oa Ccruuty, Wn:+hlugtt+lt, pursunnL C'o Che pruvlslurts vC ChnpC•or 40.17, Revised Cult: ul: Wnshl.ul;I:un, nod nppl.lcnbla unllu;utcrs nntl resulut;.url;t ul' the 'l'ows uI Yclm, 1Jn^hlugCvn; lh) ALI. subsvgtl,rttt duadn cvuvr.y,Ln{; I:he Hold dcattrLlretl rrnL prupe+I:.y or any purtiml Chaceuf :+hnl.l. di~scrlbt• Phe rands described tu+d shown ns prlvne,. runda uu I:hu sub=` d1,vlsLutt mop wltlch Ls n porC herevC and I;rnnC cht• nuo-axcluslvt• ust• of nil such ruud^ I:u t:ht• nwaern uf. nil. Irsul.lucunds, :;old ran 1. propetl:y nbuCCl.gl: pruvLdLtg nccuss eheraCU Cruut n public r1ghC-uC-wny. (c) All. rund;r doscrlbod and :;hewn ns pt`.Lvnl:c un the subdl.vLsLun mop whL,:lt I:r n ptu'C' haroul' nhnl.l, in: nu•lululln•rl by I:hc uwnars of Lhu r+?nl prvpo+i:y hnv lnl: lol;nl. nccesn I:horeCv UI' I:IICLI' IIPI.r:r, naCCa9npCA nod n:+vi.{;u:+, unlas:t and uuCl.l. t:he Home ace Lmpruvod I:u 'l'awn nl Yolw sCnndnrds Had dedicntatl Cu and uccepCed by Che 'I'owa of YeLn. (d) A perpett+;tj nun-exclunLve ensewent is hereby reserved [vr Cha t:onstrucl'iou, mnLu:outtttce and ~•pernCln^ uf. telephuna, ulectrlc, gust, >••~+ear and nawar llues, nml+tn yr cunduLl.n, over, ncruss oral under thr. r.lght-vC-wny uC nil roods descrlbutl nod shuw^ ris n Prl.vate rood an the subdlv:Lslo^ map which is a port hero_uC. _ .~c; F•y5;_. t~L~ (a) 'l'Ite_ ral;hC' hereby reserved I:u wake and nmlutnl.u ^ll necesynry slopes Cur cuL's nod f. 11 Ls upon Clte sold described real properly ndJnr_eut I:u all roods (public ur prlvnL'e) described nod shown un the suid:Lvlslutt mop which la a pnrL• hereof iu order CLaC such roods uury be graded Lt a rensuuab.le and proper mnnur_r, and Che CurC•her right hereby reserved Cur- Che dral.unge uC sucli ['ands over and ncruss nuy lal' or lutes abets Chu drnlnngc venter mLghC C'uke n naCUrnl, course nCL•er rensonnblte grnding iu cunuccelon wlCh Che :Lnpruveuteut: uC such rand 1'.ur dudicnC-ion. (f.) No drni.nnge. aaCcrs mr nuy luC ur .later shn1L be dlvet'Ced ui' blocked f.rout Chelr nal:urnl: courso so ns I:u dlschnrge upon nny rand r1ghC-o[-wny ur I:u hnugrer proper rand drnLtuge. 'l. '1'Lerels al•Cnched here).u, ^earked Isxh11r1C "11", nod by dtls reLerence dtereLu lncorporaCed herelu ns I:houl;lr lul.ly seC forl:h herein, nn 111usC'rntlve mop deplctiug C•he subdivleion oC I:he .^.nld de:rcr:Lbed real prnport:y, vhLch amp (is) (is uuC) hosed upmt nn nccurnto purvey. 7. 'There is nCtnched herelu, nmrkud I:xhl.bLi: "l:", pod by Cld.s relercucv NtereL•v `lucurpvrnted hereUt us r.hnu};h Cully neC f.urth herul.u, nddltloaal cvvenvuL•p, ensemvuts, nod restrlcC'luns pvrL'olnLtt}; Cu Che ubuvo described real pruperCy nod rescrviug L'v Che uudersi.gned (his) (I:holr) heirs, :ntccessurs, nod uaplgus, carCerln right's in and. L'o enid described real property ns app's pnrC:Lcalurly seC Curth Cherein. 4, The uuderslgucd by thesu presettCp hereby dedCcuCe(s) Co Che use of Che public Cur'ever, all sL'reeCs, nveuues, pincr_s nod aeaa[ ensemenCS or wlwCever public properly ns is show,, un CLre nbuve ref.ureueretl pLul: nod Chu uae C•heruoC Cor nny and nil public purposes nut' .LucunvlsCettl: w1Ch I:he ass thereof 1'or public hlghwny purposes,. Cogetlter wilh Clte ri};hC Cu make nl..l necessary slopes Cur cu CS ur fills upon C•hv iota, blocks and L'rncls shown on ssrid pLnl' f.ur Iae reasonable ar.lgiunl grodlag uC nil public street's, uvenucrl nod pincer shuwu I:hcreou. 5. Wleh t:hte excepllntt ol: C.hu;pe cuvounul:y 1deuClCl,.d In pnrngruplt'7 hereLtnbuye, . oil uC Cho nbuvr.'o-rpoctltnd cuvr•uuuC:r pre fur I:bo uwPnn.l LcuoC1C oC Chu grnnCur(p) ., (his) (Chelr) hcl.rs, racer:aurs and psnlgnn uud Cur Ohre beueLlC vC Che 'l'awn oC Yelm;'~ :• SLnCe oC WnshiaF;Cutt, nod said cuvenaut:t umy be enforced by :LnJupcCiott or ol'her lawful procedure iucludLtg I:he recovery ul: damages resulC.ln}; Crum Che violnC•ivn uC such corennats. UA'1'IiU Ch Cs Z7 tlnY uC September ^, 19 95 i i ,. . F.y9~ ~ 1 F=' - ~~~~ r l,-, .(Gran r ., (Grnntor) ~~ ~. Ge.n.~ lee ~_~~~'''' _ , Gr l or ZCrnncur Grantor. (Grnutur STATE OF NASIIINCI'UN ) SS COUNTY OF 'I'ilURS'i'Ut1 ) Uu this dny perrsunnlly a{,pen red before urn (NN /1t-c~UT~oA/ ANA IYJA,e r L£ £ t -~lLl ~3 0 ^1 to mo known l:o Ire thr_ indlvldunl.(n) desrrl.brd lu nn~l who cacr_ut:ed Chc wlehiu nnJ Eoro-, go,lnp Lt:ttrtun,.ttl:, ruin nrJutnuledl;.•d 1~.6nC-%//(y.--•--.- nll;nvd 1'.6rt nrun~ n~ %N!/it. freo i------ nnd vol.unt'nr'y ncl: and drr•d, I'„r Iha un,•n and putpanen Chr•roln nu•nlaunm . GIVEII uudrrr wy hnud and of.flclnl :n•nl r.hln -r~S,TM dny of ~-~F~~~~.L,1L~. ,lY~/_5- -~f ~~/c. Nll'1'h~(Y-111141.10 lu and '.(1re.1'hr ~ilYtl'~,, 4.7anItInF;L•ua, resldl.ng nl•%fA/..Va r-.' AUUl'tUl('5 CCR'1'.[F1CA'l'li Filed for record nC thr_ requr•~I: o[ this day of ,19 nl; mluutes past uf. SltorL• 1'lal's, on pnge o'clock m„ nod recorded 1n Volume . 'Records of 'I'hurstou Cowtey, Wnshingeon. 'I'IturnCOn Cuuul:y Audltur Ily lleput-y ' THLF.':~C!. LD!Jt:T ' 'L'r'P1Flar ~Ja ' ~ an'. 5. Fa~c, AIJ9ITfjR . ' :L: ,1gL' 3F'iGt ~~~.J~ F'., 9i- r 1