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Hard File ScannedCity of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Barb Bange From: Tami Merriman, Assistant Planner Date: June 11, 2003 Re: Assigned Savings for Mr. George Berry, Browns Auto Care Landscaping, and Retention Pond hydroseed. Barb: Mr. George Berry has completed the required improvements associated with the above assigned savings. Please issue a check to Mr. George Berry in the amount of $10,260.00. The landscaping and retention pond is approved, and we may release the funds retained. The amounts deposited were Receipt # 26505, $8,550.00 for Browns landscaping, and Receipt # 26506, $1,710.00 for the retention pond. If you have any questions, please see me. Thank you, Tami Merriman Assistant Planner G:\Community Dcvclopmcnt\Projcct Filcs\SPR Sitc Plan Rcview\8309 Rainier Commons\Release of assigned sav5ngs.doc t i CF TMt p ~ ~ KeyBank National AasOCiatlon s" ~ CITY OF YELM seysa~k ,q w P.O~•.BOX 479: .19.5711250 1 V O. YELM; WA 98597 - (360).458-3244 CLAIMS FUND YELM ~. u„ ~ uu ~ j,o~~ me un imII , ,~, f ~~' II'" I i ~~~I~~il ,.III, II~„~II .! 11 ~,~ ~~~~~ ~I~~~~I~ ro IL~~,I~ II~~~„~ I III~n F.. ~ TO THE ORDER OF DATE CHECK N0. AMOUNT 6/11/0.3 20295 $10,260.00'% GEORGE BERRY RIDGE DEVELOPMENT, LLC 518 FLORA VISTA RD NE clTVCLeaK/raEASUaeR OLYMPIA, WA 985.06 ...., ..... .....:..... . ........ ......._._ COUNTERSIGNED •. M?YOR.._.. . u'0 20 2 9 511' ~: ~ 2 5000 5 741: 00 50600 7 ~ ?11' SECURITY FEATURES: MICRO PRINT TOP 8 BOTTOM BORDERS -COLORED PATTERN -ARTIFICIAL WATERMARK ON REVERSE SIDE -MISSING FEATURE INDICATES A COPY DATE INVOICE ACCOUNT NUMBER NET INVOICE AMOUNT DESCRIPTION i/11/03 assigned savings for project at RAINIER COMMONS for BROWNS CAR CARE and RETENTION POND HYDROSEED. ~ITY OF YELM, P.O. BOX 479, YELM, WA 98597 REMITTANCE ADVICE Ridge Development, L.L.C. 518 Flora Vista Road NE Olympia, WA 98506 ~~;~~ ~ ~ ~r~` Phone: (360) 456-3858 Faz: (360) 459-8388 Me~i~€icTf~~A To: '. ~ 'J1 i From: Company: ~~~i~. Date: .~~Z(~,10=~ Phone/Fax: Pages: ~ (Including Cover) Re: ~ ~1b~.0~ ~~ CA ~ L-A~-~ OC-~..~:Pla~v~~i ^ For Your Review ^ Please Reply Please Take Immediate Action Message: ASS iC~J;~~ ~~ ~ t~~ ~ V ~~~~ ~ `=c~'2-- ~.~ C ~r~ ~L ~ O C~~ Q L~JE~Z 1 6 f~~~~~~L . _ ~ ~~ 4G . `~ l`~ y /o ~`: c~` Z~~~ L _ ~ l OLt~G cc: .. ~ .. .. ae~GOpQR~laGlon • (360) 458-5099 _ aaGOpOi:MaGion _ (360) 45a-5099 . - < .. 0 Ln Z LL Q N I I Z ~ F•' W °- ~ f V m ~ ~ ~ ~ m 2 ~ - ~ w ¢ ~ ~n U 00 H :~ m w: m H W ~ U ~ Z W.; a Q V ~ ~ a ~ a ~o o; . O N W . A a ~ M a w ~ wz ~ H p tD ~ H W ~ ~ H A c*~ ~ h a ~ A z 5 x w 5 H w -n z m ~ i ~ U2 M O rn c~ moo :J O ~ P M v~~ x ~ x O Q o0 I ~a oQ~ H u. o~ I w O~ o ~ H ~ y+ ~+ ~ ~a~~ x ? aM~ ~V ~- o ~ a~~ ' w er ~r~aie s p * ~ a ~ a ~- ~' >~ W ooa Ir a; w* xx~ I 6~ ~ s. o~ad ~ ' W W o A - • ~ t9wa ~`- ~. 1 -- ` ^ - ~ o C~ z LL ~ Q . .. .. N Ii C ~ Z U }.. w . a x ~' w ~ . 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I ~, ~ ].~ ooa w .. ow I~ a, w~ xx~ c.~w A .y Q H x cn Ii~o~ad ~ ! - W cr W OA o w a H cz cn a ~ ~,a~ THE P ~"'' 1 City of Yelm Community Development Department .~;~: k;: - Customer Name George Berry, Ridge Development LLC Address 518 Flora Vista Road NE City Olympia State WA ZIP 98506 Phone Invoice No. CDD-02-070 INVOICE - Date 12/5/02 Order No. BLA-02-8324-YL Rep Five Corners FOB Qty Description Unit Price TOTAL 1 Boundary Line Adjustment Recording Fee $107.00 $107.00 We regret we did not collect for this when Building Permit was issued, as had been agreed. We are sorry for any inconvenience this oversight may cause. SubTotal $107.00 Payment Details Shipping & Handling $0.00 O Cash Taxes WA O Check Q TOTAL $107.00 Office Use Only City of Yelm Community Development Department P.O. 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R~CEI'JEa ----. ~.~ A;iCuNT iOtF~?r} R€CEIVEQ ---- tr.+~~3 n . ___ .~---- CHpaIGE -------. ;: d ~p ~R RECEIPT M.' '. eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment; BLA-02-8324-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. Berry, George, Five Corners, L.L.C 2. Allord, Norman, First Community Bank 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) Portion of Section 29, TWP 17 N, Rg. 2E WM Assessor's Property Tax Parcel/Account Number: 64303400504, 64303400505, and 64303400506 3464491 Pa~e~ 1 of ~ C~9i'~5r'206~ 10 ~ ~9R fief` ~~ Nfu Th~urct.nn hip, WA 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 doZ - ~s3dy-~~L, on the r~ ~ day of ~ / ~~by the Planning Department, subject to the following covenants and onditions: 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 --~f~°/~~i~ ,a..91e •.v C= i V ~ Go2~~--5 , ~.; ~ : L.. ~i r5T G o~nrYlu.~i ~ ~~~ o~ LcYrJ`ii~1`~ ~ y L-~-~e-~~ ,~. ~~ r~t~-~ , '~ N~ ~.r~ d ~ (Z. : n/u~is?lirl V B//~ ~/ ~ « Ga'~ ~~n~ Grantor raptor Grantor Grantor Grantor Grantor 3464491 Page ~ ~ ~£ 4 ~~~~~.~+~ee~ is ~ Syr-, f1Cf 49? AA Thiircf.nn f'n. WA STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that ~_ signed the same as ~. ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~~ day of ALEE K. WEINMANN ~ NOTARY PUBLIC ~ ~ STATE OF WASHINGTON ~ ~ My Commission Expires Dec. 11, 2005 ~ NO Y PUBLIC . an fo the State of shi ton residing at STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~~=>``Y `c~~~. ~c1 ~ - ~~~\~'Ji~ to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that ~ signed the same as ~~ r,'~. free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~~ day of S-e_~~ 1 ~~C~: ~---..' y~~ ~~s-or`~`'y ;,~ ~• • ~ ~ : wAl.~~ ~:`: ~;~~~-titi ts• ' ' .... c~ NOTARY PUBLIC in and f the State of -- Washington residing at AUDITOR'S CERTIFICATE 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 3464491 Page ~ 3 cif 4 as. ~~~;1i?Na~ i e ~ ~sri ~Ff ~? AFi Thurct.nn Cn, lJR LEGAL DESCRIPTION(S) OF PARCEL(S) PARCEL A -ORIGINAL OF LOT 5 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. PARCEL A -NEW THE WEST 152.00 FEET OF LOTS 4 AND 5 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. PARCEL B -ORIGINAL OF LOT 4 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. PARCEL B -NEW LOTS 3, 4 AND 5 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301, EXCEPT THE WEST 152.00 FEET OF SAID LOTS 4 AND 5; ALSO EXCEPT THE EAST 60.00 FEET OF SAID LOT 3. PARCEL C -ORIGINAL OF LOT 3 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. PARCEL C- NEW THE EAST 60.00 FEET OF LOT 3 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. 1 hereby certify that the above legal description(s) are accurate and in compliance with Subdivision Code. Said descriptions (are) (are not) based upon a Recorded Survey. Submitted this 1~~~~ day of ~ ~ ~-~ ~ ,~ Name of Title Co. Or Surveyor Signature i~u~u~~~~u~i~~uy~uu ~ ..,.,. w City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: SPRC From: Tami Merriman, Planning Technician Date: September 4, 2002 Re: BLA-02-8324-YL-Project Review Schedule for Ridge Development Boundary Line Adjustment Attached is [he 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. September 18 -SPRC project review. Department comments/conditions of approval for staff report. September 25 - Letter of Approval completed. C:\Community Development\Project Files\BLA Boundary Line Adjustment\8624 Ridge Dev -Rainier Commons\BLA-Prof Rev Date Memo.doc TRANSNATION ~' O ~ . ~r/-~ M 1 N ~.R-R.1 r~A ~J Ridge Development LLC 518 Flora Vista Road NE Olympia, WA 98506 RE: Order No.: T-3-10056684 Liability: Charge: $300.00 24.00 $324.00 Total: 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 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: September 4, 2002 vance Company 3905 Martin Way East, Suite A, Olympia, WA 98506 Phone' 3G0-459-8800 Faa: 360-459-3193 Subdivision Guarantee WA.12.11.00 Page 1 of 5 Order No.: 10056684 SCHEDULE A i. Name of Assured: Ridge Development LLC and City of Yelm 2. Date of Guarantee: September 4, 2002 at 8:00 a. m. 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: Five Corners, L.L.C., a Washington Limited Liability Company 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. Real Estate Excise Tax pursuant to the authority of RCW Chapter 82.45 and subsequent amendments thereto. As of the date herein, the tax rate for said property is 1.53%. Subdivision Guarantee Page 2 of 5 __. - °~ qp~o 11[M1V J1VA 11 UN '171'Lt 4 5. 6 7 ~ 002 Order No.: 10056684 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 i) Tax Account No.: 64303400505 Year Amount Billed Amount Paid Amount Due 2002 $1,154.89 $577.44 $577.45 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May i; 2nd half delinquent on November 1) Tax Account No.: 64303400506 Year Amount Billed Amount Paid Amount Due 2002 $1,133.11 566.55 $566.56 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is 7CA 170. 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.: 64303400504 Year Amount Billed Amount Paid Amount Due 2002 $1,259.16 $629.58 $629.58 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. 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. Subtlivision G~araniee Page 3 of 6 ..• rnn oov yaa gcao 1ttA1V JNAf1 UIV 'fl'1'L~ f~00J Ortler No.: 10056654 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF; GRANTOR: FIVE CORNERS, L.L.C., A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE; TRANSNATION TITLE INSURANCE CO. BENEFICIARY: FIRST COMMUNITY BANK OF WASHINGTON ORIGINAL AMOUNT: $550,000.00 DATED: JUNE 26, 1996 RECORDED: JULY 26,1996 RECORDING NO.: 3039829 AFFECTS: THE HEREIN DESCRIBED PROPERTY AND OTHER PROPERTY 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MCKENNA IRRIGATED TRACTS, RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 10. Reservations contained in DEED recorded under Recording No. 353595. 11. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING N0. 3041300 AND 3041301. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A, 12. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY, A WASHINGTON CORPORATION PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: MARCH 13,1997 RECORDING NO.: 3078382 13. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: PUGET SOUND ENERGY, INC. GAS PIPELINES A PORTION OF SAID PREMISES MAY 1, 1997 3086143 Subtllvision Guarantee Page 4 of 6 vai vai oc i4:oc rnn aoo aaa ZZJtl '1'NANSNATION TITLE laj 004 Order No.: 1005668a 14. pmk WARRANTY AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: NOVEMBER 9, 1998 3190692 IMPROVEMENTS Subdivision Guarantee Page 5 of 6 jai oai oc i4: at rnn aov 48J ZZJti 1NAN5NA1'1UN TITLE f~ 005 Order No.: 10056684 EXHIBIT A LEGAL DESCRIPTION: LOTS 3, 4 AND 5 OF SHORT SUBDIVISION NO. SS-8167, AS RECORDED UNDER RECORDING NO. 3041301, RECORDS OFTHURSTON COUNTY AUDITOR; SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. VICINITY MAP ~ LEGAL DESCRIPTION (oRlcwaL RnRCEEI - PI '~~ ~~~ 511E '6\ BCLInwInC /.I M( spJMM$! CpCN[R Or IOI 5. BtWr Jr. ueN[wN. wRl<a RD IRaC6. RCCPPp NC Ip MC ptal M(a[pr RECPiCCv Irv vaUY(p p' pt/ )S lC( lJ_ R[Cpip3 O' Mi 1HDIIK V MURS)OV CdINIV: MCNC{ iCt/M Rp Se'Jl" (•$) Jm.)o rEn uwc M( Stl/M BhMO•aY Uv( p' yip tp• s: _ M(NC( Np4M pl].Ie' FAST •b (LCI l0 MC WhRSLCnW 9Nr _ B \ O' Mr NMM Bq/Npaar trHC Or SMp l01 3; MCNCC SpIM B95C X' ~S) J[>.}p CCC) 4pvL ML NCAM BLVND/Jt' tMC or yz tors. mENtt swm Di>Je' n[s) •b.W rtri g, '•~ ~ YpG! P' tL$$, ID Mf ppNl ry B[p NNINC (YQVIIMC M(R(IPW M•I Rya rlW C((pC0 Ip MUR$Ipv CCVNh ppe Rp.p B• DECO RLCp+DCC waCN IJ, 19J6 VNDCR YUaip(S •Ilf NO. })ll•E n:SC CF:L^ONC MCRLTApu MAi pp4Opv p(CCCD IC M( SI•iC (?' v n'LIW Cp: apnD 8+ pCC RCCp4pCp LL v le. 19ef ` uNO(• mJRCgY !1L Np. B1p)IeNC) ~ ~ ~ u~ i . _ to vln v ~~ I; I ; l n l .pw ~onln~ to Iva I ~:a f~ m. ae.t I ~mn arc. r•v. s o v w, CITY OT YELM SHORT SUBDIVISION No. 8167 SCC110N ]9, TOWNSHIP V NORTN, F1NLC 3 ptST. W.Y. ASSCSSORS PARCEL No. ORIGINAL iRACi(S) 6d3D3d00500 DEOICAIIONS: aLNI I1W4 RIfN!-pr_YIY NWC M[ [LSi 9DL Dr ptCClr Rp/D µp Mf N LIX V Klu .KUU[ NS SNOwI nLM[M 5 N(ACBV p[pG Rp 10 iwC prv ITW 430 IlMln aKNU(Y RIMVNC OS! RND NSI MRpI(M M[ LR .S SNOW N[R[W IS H[A(HV p(ryG1LP 10 M[ pIY pr KLY 10T °~ 4 __""I~eu __- --'1 I I i I I YY I 8 I I ^s' ~ la„ .w.a r. ¢ LEGEND i n pIOTa6 ' • s[r s/~ aLaaRa Y.,IN push E I $ ....o I Ic _ ~cs~o Sul-~K $ [..c~uv- _ Gv SI.YpfD Swrl ])Ip5 j I /TNC! all ~ I C _ E I aNRC a ss .czsz poN~ I c P- ,,. p Yr x ,a' ~ .... •~ •~ ..~~pggg9~t B.N RENN IRalc. i[ M.ci9 - 'Y ~mv., I.v.,r I m.n. °DM1Y'• ~~ ~I Naawc M( n[Sr uv[ a I O° `°" ~~ •.. ) pam Nn'J SCC. }P I ~J I .. I 8 R M • I ,. my \ ~ ~ 50; ~« s s. m.at. N \ 'I ~e ,~ ~ \~K w Im w.c- _ _ _ _ - _ _1'ELAI_ AVEI{U£,/I~ _ _ F _ _ _ _ ^I`. xn 8 S ~ rtm o I !' Y It rnm 4 e_ fig uluT can[ a I >y .N4 nVSIT Caw'n a~ ', r,9~ ~ ~n~vli': __ •OM14'.fl •Or Yl.s ur v m.V[rt o C _ -f - J l .nRO~enpnl ~• b' \ ---vc~,_- ~ mc.Y ORD /IMJ 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. ~~ ~~~~ ~~~ ~~~. YELM WPSNINOTON September 18, 2002 George Berry Five Corners, L.L.C 518 Flora Visat Road NE Olympia, WA 98506 City of Yelm 10.i Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Re: Rainier Commons, Boundary Line Adjustment - BLA-02-8324-YL Dear Mr. Berry: The City has completed its review for the Boundary Line Adjustment between Parcel #'s 64303400504, 64303400505, and 64303400506. The proposed property lines meet minimum City zoning, heath, and building standards. I will prepare documents for recording, and forward them to the Thurston County Recording office. When I receive the recorded documents, I will contact you to come in and pick up the documents, and pay the recording fees. If you have any questions, please call me at (360) 458-8496. 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Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. 2. 3. O Additional names on page _ of document 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) ~ca'~5 3,~1 ~ 5 of ~u~~~ 5~~~v-~S,c~-J moo. ~~b1 f3 Additional legal is on page 3 of document Assessor's Property Tax ParceVAccount Number: 1a43b3~c~c~ jp~ ~043~34cx~5~ b4 3 cc] 4 0o Sn 5 RECE~1/E.,~ AUG ~ 9 7~~? After Recording Return To: Five Corners, L.L.C. 518 Flora Vista Road NE Olympia, WA 98506 Abbreviated legal description: R2E, T17N, S29 Tax Parcel nos. 64303400502, 64303400503, 64303400504, 64303400505, 64303400506 AGREEMENT CONTAINING COVENANTS AND RESTRICTIONS AFFECTING LAND This Agreement ("Agreement") is made and entered into this day of 2002 by and between RIDGE DEVELOPMENT, L.L.C. ("Ridge") and FIVE CORNERS, L.L.C. ("Five Corners"). RECITALS 1. Ridge is the owner of the real property located in Thurston County, Washington more fully described as Lot 1 of Short Subdivision No. SS-8167 ("Lot 1"), as recorded under recording No. 3041301, situate in the City of Yelm, Thurston County, State of Washington. The property area is 33565 square feet. The current use of the property by Ridge is a legal use known as Rainier Commons Chevron. 2. Five Corners is the owner of the real property located in Thurston County, Washington more fully described as Lot 2 ("Lot 2") and Lots 3, 4 and 5 of Short Subdivision No. SS-8167, as recorded under recording No. 3041301, situate in the City of Yelm, Thurston County, State of Washington. The property area is 113897 square feet. The property is currently vacant, except for subdivision improvements, i.e. streets, sidewalks, utilities, storm water retention pond. Five Comers intends to re-subdivide lots 3,4 and 5 of its property into [wo (2) lots ("Parcel A" and "Parcel B", respectively) and a tract for storm water treatment and retention ("Parcel C"). 3. The parties intend to provide for unrestricted vehicle and pedestrian circulation over certain driveways and sidewalks of the above-described properties (the "Properties") and for shared vehicle parking and utility service(s) among certain uses on the Properties. Further, the parties intend that all of the Properties, including all future subdivisions thereof, shall be held, sold and conveyed subject to the covenants and restrictions created herein. 1 R:\COMMUNRY DEVELOPMLNI\PROILCf FIILS\SPR SITE PIAN RFVIEW\A3U9 RAIMRR COMMONS\PAR%INf. COVGNM'f5 AdU-01000 TERMS OF AGREEMENT In consideration of the mutual covenants, conditions and restrictions contained herein, the parties agree as follows: 1. Each party to this Agreement grants to the other party an easement for access, parking and utilities over and under all sidewalk, driveway and parking areas of Lot 1 and Lot 2 for the exclusive use of Lot 1 and Lot 2. 2. Five Corners reserves an easement for access, parking and utilities over and under all sidewalk, driveway and parking areas of Parcel A and Parcel B for the use of Parcel A and Parcel B. 3. Five Corners grants an easement for access and utilities over and under all landscape, sidewalk, driveway and parking areas of Parcel A and Parcel B to the City of Yelm. 4. Each party agrees to share in the maintenance cost of Parcel C in proportion to its property area. The cost of maintaining shared water and storm drainage systems on Lot 1 and Lot 2 shall be shared equally by the respective owners. The cost of maintaining shared water and storm drainage systems on Parcel A and Parcel B shall be shared equally by the respective owners. 5. Any party to this Agreement shall have the right to enforce it by any proceeding at law or in equity, and in any such proceeding the prevailing party, as determined by the court, shall be entitled to an award of its reasonable attorneys' fees and costs of suit. Failure by any Party to enforce its rights under this Agreement shall in no event be deemed a waiver of the right to enforce those rights at any time thereafter. 6. This Agreement shall attach to and run with the Properties and shall bind and inure to the benefit of the present and future owners of the Properties, their respective heirs, representatives, tenants, successors and assigns. All persons acquiring an interest in the properties after the recording of this Agreement shall acquire their interest subject to terms of this Agreement. 7. This Agreement may be terminated, or amended and modified from time to time, by a written instrument executed and recorded by the owners of seventy-five percent (75%) of the Properties subject to the terms of this Agreement at the time of the recording of the instmment. 2 R:\COMMUMTT DEVELOPMENTPROIECf I'TLFS\SPR SITE PL4N REVIEVASJ09 RNNIRR COMMONS\PARKING COVCNANfS &3U-U2DOC IN WITNESS WHEREOF, the parties have executed this Agreement this of , 200_. RIDGE DEVELOPMENT, L.L.C., FIVE CORNERS, L.L.C. By By George L. Berry Rick Lawrence Its Managing Member Its Managing Member STATE OF WASHINGTON ) ss. County of ) day On [his day personally appeared before me GEORGE BERRY to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed said instrument as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 200_. For recording in the state of Washington, the Notary Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. [Print Name] NOTARY PUBLIC in and for [he State of Washington, residing at My Commission expires: 3 R:\CUMMONp"Y D6VEIAPME;JTPROIF;Cf FlLES\SPR SITF. PIAN REVIEW\BJ09 RAINICR COMMONSV`ARKINf. COVF,NANTS 8-30-02.000 STATE OF WASHINGTON ) ss. County of ) On this day personally appeared before me RICK LAWRENCE, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that HE signed said instrument as HIS free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 200_. For recording in the state of Washington, the Notary Seal must be fully legible and cannot intrude into document margins. Please affix seal in the space provided. [ [ [ [ [ [ [ [ STATE OF WASHINGTON " County of [Print Name] NOTARY PUBLIC in and for the Stale of Washington, residing at My Commission expires: ss. 4 R:\COMMOMiY DEVELOPM[NTP0.0lEC1' RLES\SPR SRF PIAN RF,VIF W\R309 RAINI4N COMMONS\PAAKING COVENANTS tld0-p2.DOC i ii i ~ w ~ ~ ~ o m ~ ~' ~ I CV Z x u I f" w a u w ~ i w Z m ~ ~ m ¢ ~ i E a I H w U z a ~ ~ w in [n ¢ m ~r o N W ~ z E r-~ z N a w w m aw u a ~ wz ° z U I m N r n m ~ H FC co z n ~ m tl] a I ~ a a 0 0 ca W a uw A az ~ z a w I m ~ W ~ ma i xmm ~ ~ ~~ m W z w W ~C N ~ H m 3v i[~Wd o 0 o am i u ~ U W 3 N I * w > r.~ c•1 i~~ ~ ~ o ¢ wa -~ Aoa~o ~ I o- w i; ~ > aH~ w ~ I ~ ' _ w a ~ ~i ~ w w o ~ ~ o~ m l ~o ~s. as a a ~ NOM z ow H F y u x H H a~ am a .~ E E 2 v] w zx E w in w ~ ~ h U Q c4 w W 2 zx H O au az ca zw ] E O H P] U] PAID AU G 2 9 2002 ~~~, ~~ --~-..,~~.~, fwa c .` 'Y:F.; ~a was+i~r:GTCN CITY OF Y~1~gV10F YE PO Box 479 Yelm WA 98597 360-458-3244 APPLICATION 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 #358) Boundary Line Adjustment Large Lot Subdivision NAME OF PROJECT 12/a ~ -.>> ~~ L«--~ r--~o~`; ~6wner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT ~ ~ u ~ t~(..~~ R~~ ~ t_. , ~, L.. , Mailing Address S ~ ~ ~--~-~= tz--n ~ i5 ~ r~[~ ~ ~ City, State and Zip c~t..y a--, P ~ .A ~ LyA ~-~ S3 5~ ~, Telephone __ ~ 3idc L~•i,~-- `-~~'~ ~t'~ OWNER `~!~ i'~1 ~ ~°"--~ ~ P P ~{ Lya ~..:~ Mailing Address City, State and Zip Telephone SURVEYOR ~> . / • ` = ~~.~ ~' ~" / Mailing Address ~'~") ,~ex~ ~"`~ ~~ s~' City, State and Zip _ ___,~'.~ e e~ .. t.,u',~ ~ ~ ~~~-~3 Telephone _ _ _ ~~~~.~ rZ'~t r ~.3'~`'~' PROPERT'~f DESCRIPTION General Location 1.~~ ~-~--r.~t~-~ - c~'~~_~ -5-r. ~ I e~~ ri=` /a:~~ Address of Site (if assigned) _ i~~-,v 1~L~ ~--3- /a ~.~ ~. Area of Project (in acres, if possible) /' , •7 7~j ,.4 G- Area of entire contiguous ownership (if other than above) Section G~j` Township ~"7~U Range Z Assef~rssor's Tax Parcel Number(s) of property included in this applicatio/n: - l~+,~/~.~c? ~!~G?.J C~°J Gam!-~~C;~~~:J ~~ `,:, c~• ~jr` C~~~ :~'C:~.::7~-~o~cT.::~ c ~: Zoning District G:--- 1 Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (glue lot numbers) I~yr~> (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 f\~~.. 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 ~~ ~-•~~ ayo~ 5 t7FFICIAL USE ONLY Fee Date Received By Flle No. ;°~~ ~'~. .~~ .~~ '` w1&e~~n:GTOnf CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE O~Y Fee Q Date Receivedg Z~J oZ By File No. APPLICATION FOR / , BOUNDARY LINE - ~ % D~ ADJUSTMENT Fee: $100.00 OR LARGE LOT SUBDIVISION Fee: $250.00, + $10.00 per lot (In addition, any professional service charges per Resolution #358) Boundary Line Adjustment Large Lot Subdivision NAME OF PROJECT l~/~ ~ -Jr 1zJ2 ~C~ r--~o~` y6wner of Parcel(s) Purchaser of Parcel(s) Representative APPLICANT t=- I ~ l~ ~-~tr~~~ , L. = i,_.,. ~. . Mailing Address S ~ ~3 ~-~.~t2-~ ~ ~s ~r'A R ® ~ I~ City, State and Zip ot.Y ,--.-P, ~4 ~ wA °~ 8 5c~~-, Telephone ~ 3~o-LS~._ =~~~ OWNER -S./a r-t '~ ~-~ A P~ u ~,,4 ~s- Mailing Address City, State and Zip Telephone SURVEYOR c~ ,. / " ~ = C~ t r'" ~ Mailing Address ~'~~ ,~ s'cs~ ~`r~ ~~ ~' City, State and Zip ~ ,~1 c c:~ . c.~ ,~ ~ S•:~~. 3 Telephone :3~v ~~~ - 335~~' PROFERT'tf DESCRIPTION General Location i:~. ~=~t-~~-.- c:r~-.~ 5~--. ~ It==s ~ /a:~r~ Address of Site (if assigned) _ i ~Siv l~i~ "~- ~ ~.: ~.. Area of Project (in acres, if possible) ~, "7 ~7 ~ ,QG-- Area of entire contiguous ownership (if other than above) Section Z~ Township ~"?.(J Range ~ Assessor's Tax Parcel Number(s) of property included in this application: ~ ~ 3c~ ~ ~r~v~ e~> ~,_ la ~.3e1~~~ ~ ~'°~ ~ C~ ~ 3ca~ aae~...:"`~l Zoning District L-°- 1 Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) (~Ow~> (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 Al.~- 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 ~ ewer _ Other E~asting water supply: None _ Individual well on lot(s) # (SHOW ON MAP) _ Community Well -Name of System or Owner Municipal Water System -Name of Municipality - __ N~ ~..I~ RECEIVE a3n~3~ . ~, ~~ ~~ Y ~~ ~ ` ~~ ti~ ~~ 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 lend descdbed by the declaraton; and do hereby declare the herein descdbed adjustment of land certified as Boundary Line Adjustment Number , on the day of , 19_, by the Planning Department, subject to the following covenants end conditions: 1. That all subsequent deeds will contain provisions for private roads In the manner descdbed 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 judsdicfion. 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 dght of Ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a descdbed portion of such road. 4. That with respell to any private road descdbed by this declaration whether tt remains private or becomes a dedicated road, there is the additlonal dght to make all necessary slopes for cull and fills; end the dghfs to continue to drain said roads end 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 dghts-of-way or to hamper proper road drainage. 5. That the adjusted legal descdption 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, end his heirs, successors, and assigns enforceable only by such parsons, are attached hereto either as exhibits or as previously recorded under AudHor's File Number and incorporated by reference as though fully se[ our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors end assigns and are for the further purpose of compliance with the resolutlons end regulations of the appropdate local governmental Judsdiction, end the local government and such persons are speafically given the dght to enforce these restdctons and reservations by Injunction or other lawful procedure and to recover any damages resulting from such violation. DATED this day of , 19_ ~r4 t_ CoC,o4-P-„~., ~.. C.. r~3y GGr~<-+rr~ ~ v3-,=<2~ (, ='iS N~~tiv,~ 2 Grantor Grantor Grantor Grantor Grantor Grantor STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me l ~ R vr0 4 \.lo ~ i . . to me known to be the Ind'mdual_ described In and who executed the within and foregoing Instrument, and acknowledged that ~~ signed the same es,p,~_ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand end official seal this ~y° day of Q r int . 1~~ 14= dW d- "~- LEE K WEINMANN `% NOTARY PUBLIC ~ NO Y PUBLIC an fo the State of ~ STATE OF WASHINGTON ! Slll ton residing at ~ My Commission Expires Dec. 11, 2005 r STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me to me known to be the indivldual_ descdbed In and who executed the wdhln end foregoing instmment, and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of t9_ NOTARY PUBLIC in and for the State of Washington residing at AUDITOR'S 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 Audhor By: Deputy LEGAL DESCRIPTION(S) OF PARCEL(S) PARCEL A -ORIGINAL OF LOT 5 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. PARCELA-NEW THE WEST 152.00 FEET OF LOTS 4 AND 5 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. PARCEL B -ORIGINAL OF LOT 4 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. PARCELB-NEW LOTS 3, 4 AND 5 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301, EXCEPT THE WEST 152.00 FEET OF SAID LOTS 4 AND 5; ALSO EXCEPT THE EAST 60.00 FEET OF SAID LOT 3. PARCEL C -ORIGINAL OF LOT 3 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. PARCEL C-NEW THE EAST 60.00 FEET OF LOT 3 OF SHORT SUBDIVISION No. 8167 AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE No. 3041301. CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. I hereby certify that the above legal description(s) are accurate and in compliance with Subdivision Code. Said descriptions (are) (are not) bas/ed upon a Recorded Survey. Submitted th(s ~ day of ~ ~ / ~~ ,~ Name of Title Co. Or Surveyor Signature ~ ~ OF THE ~,~ Cat o helm a y 105 Yelm Avenue West x.. P.O. Box 479 ~ w.~sN~riaaoN YELM Yelm, Washington 98597 (360) 458-3244 June 6, 2002 Five Corners LLC George Berry 518 Flora Vista Road NE Olympia, WA 98506 Re: Site Plan Approval for Case # SPR-02-8309-YL, Rainier Commons Dear Mr. Berry: The Site Plan Review Committee has considered your application for the above referenced project, and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan, and all applicable City policy's and development standards.. Pursuant to Chapter 15.49 Integrated Project Review Process, a project, which is subject to Site Plan Approval, is a Type II Permit and can be appealed to the City Council. An appeal must be filed within 14 days of the date of this notice. Site Plan Approval is valid for 18 months from the date of this letter. The affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office. The project is approved subject to the following conditions of approval: 1. Boundary Line Adjustment Finding: The proposal requires a boundary line adjustment, to provide for the siting and layout of the new development. Condition of Approval: 1. The applicant shall perform and record a boundary line adjustment prior to building permit issuance. . 2. Transportation Finding: Yelm is a small compact community most directly affected by two state highways which bisect the community. The two state highways are used by local residents for transportation throughout the city and for access to commercial and residential areas throughout the community. In lieu of widening existing streets, the City has elected to create certain alternatives, Y-1, Y-2, Y-3, which will avoid the need to significantly widen existing streets, and particularly Yelm Avenue. New developments do in fact burden the city's central streets, and unless the bypass alternatives are accomplished, the City would have to require developers to pay the cost of the internal street widening. The city plans show, and the City finds that adequate facilities will be accomplished better and in a timely fashion by bypass facilities as a substitute for the widening of existing facilities. As a result, the City finds that the regional plans in fact benefit projects in all areas on the City and will accomplish the goal of providing adequate facilities to City standards within a reasonable time to serve the demands created by the proposed project. Finding: Street frontage improvements are required as part of Site Plan Review and approval. The frontage improvements for Creek Street, and the road improvements for 106tH Ave. were constructed during the previous development of the gas/convenience store. It appears that the sidewalks are complete. During the original construction, the road standards were different than they are today. The planter strip and sidewalks are located on an easement, on the applicant's property. The planter strip is narrow, and will not support street trees. The street trees that are normally required are placed on the landscaping area behind the sidewalk. Finding: The City has adopted a Transportation Facility Charge (TFC) of $750.00 per pm peak trip, to mitigate traffic impacts to the transportation system. The Ordinance provides a default table to determine new trips generated. The proposed uses do not fall neatly into the definitions in the ordinance, so the TFC was determined by using the Institute of Transportation Engineers Trip Generation Manual, 5th Edition.. The City also provides a reduction of new trips to account for existing traffic. The following is the analysis of new trips generated by the individual businesses proposed. Tire Store; (ITE Code 848) creates an average of 5.13 new trips per pm peak hour, per 1000 sq. ft. of gross floor area. The percent of new pm peak trips generated by the proposal is 2.56 per 1000 sq. ft. Automobile Care Center; (ITE Code 840) creates an average of 2.87 new trips per pm peak hour, per 1000 sq. ft. of gross floor area. The percent of new pm peak trips generated by the proposal is 1.43 per 1000 sq. ft. Specialty Retail; (ITE Code 814) creates an average of 4.93 new trips per pm peak hour, per 1000 sq. ft. of gross floor area. The percent of new pm peak trips generated by the proposal is 2.46 per 1000 sq. ft. Conditions of Approval: 2. The applicant shall mitigate traffic impacts to the transportation system. Mitigation includes payment of the Transportation Facility Charge (TFC) for the new development. The TFC charges are based on the proposed use, is payable at building permit issuance, and are as follows: Tire Store: 29.75 new trips = $22,315.50 Auto Service: 15.78 new trips = $11,838.75 Retail: 20.95 new trips = $15,714.38 R:`,Community Development`,Project Files\SPR Site Plan Review\8309 Rainier Commons18309 Approval Letter.doc Page 2 of 7 3. The applicant shall be responsible for completing the landscaping on 106tH Avenue. As stated above, the planter strips are too narrow to support street trees. The applicant shall incorporate street trees into the required 8-foot landscape buffer that is adjacent to the sidewalks. The sidewalks shall be inspected and approved by the Community Development Department, and grass or sod planted into the planter strips adjacent to the streets. 3. Water Supply Finding: The City's Water Comprehensive Plan identifies a portion of the City area for service. The City is pursuing additional land areas for approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in fact in place - e.g. award of a grant, a binding letter commitment for third party funding, or the successful formation of a local improvement district. Any necessary water rights are considered, only after approved for municipal use by the Washington State Department of Ecology, or appropriate appeals board, and the time for appeal or challenge has expired. Finding: Water lines were installed on 106th Ave. during the previous construction of the gas/convenience store development. Conditions of Approval: 4. The applicant shall connect to the City water system. The cost to connect shall include a fee of $1,500.00 per Equivalent Residential Unit, and a meter fee (each ERU equals 240 gallons of water consumption per day, fee subject to change.) The number of ERU's required shall be determined during civil project review. Applicant shall submit water use calculations with civil plans. 5. All water connection fees are due at time of building permit issuance. 4. Sewer System Finding: The City's Sewer Comprehensive Plan identifies a portion of the City arga for service. The City is pursuing additional land areas or approval and the extension of facilities. Completion of such activities is dependent on grant and developer funding, as well as planned bonding and existing public funds. The status of such plans and funding sources must be considered in any review of concurrency. Developer extensions and or dedications, latecomer agreements, oversizing agreements, and the creation of local improvement districts may all be considered. In the event of a new funding source, however, concurrency is not found until the funding source is in R:\Community Development`,Project FileslSPR Site Plan Review\8309 Rainier Commons\8309 Approval Lettecdoc Page 3 of 7 fact in pace - e.g. award of a grant, a binding letter commitment for third parting funding, or the successful formation of a local improvement district. Finding: Sewer lines were installed on 106th Ave. during the previous construction of the gas/convenience store development. Conditions of Approval: 6. The applicant shall connect to the City S.T.E.P. sewer system. The cost to connect shall include a fee of $4,986 per Equivalent Residential Unit (each ERU equals 240 gallons of water consumption per day, fee subject to change.) The number of ERU's required shall be determined during civil project review. 7. Upon completion of the onsite installation as per the City's Development Guidelines, the S.T. E. P. sewer equipment shall be deeded to the City and an easement granted for maintenance. 8. All sewer connection fees are due at time of building permit issuance. 5. Storm Water Finding: The completed project will increase the amount of impervious surface on the site and on the adjacent streets. Impervious surfaces create stormwater runoff. Uncontrolled and untreated stormwater runoff can create health and safety hazards. Yelm Municipal Code (YMC) requires all development to comply with the City stormwater Manual. Finding: There is constructed on the property, a stormwater retention pond from the previous development. The applicant states that the pond was sized for complete project build out. Conditions of Approval: 9. The applicant must provide stormwater calculations with civil plan submission, to assure the stormwater facility is adequate to serve the proposed development. If the existing facility is inadequate, the facility shall be upgraded pursuant to approved plans. 10. The applicant shall submit a stormwater maintenance plan with civil plan application. , 6. Parkincl Finding: The City of Yelm Development Guidelines, Design Guidelines, and Municipal Code address parking regulations from many aspects, including, but not limited to; design, number of stalls required, pedestrian pathways, and safety. R!,Community Development`,Project Files\SPR Site Plan Review\8309 Rainier Commons\8309 Approval Letter.doc Page 4 of 7 Chapter 17.72 does not specifically list parking requirements for a tire store, or an auto repair facility. 17.72.030(F) allows a determination for parking requirements based on the most comparable use. For the tire store, it was determined that the Motor vehicle or machinery sales was a similar classification, and that it would require one parking stall per 400 sq. ft. of gross floor area. The auto service facility will require one space per employee, based on the greatest number of employees on a single shift, plus one sq. ft. of parking per sq. ft. of display or retail area, and one space for each vehicle owned, leased, or operated by the company. Chapter 17.72 also allows for shared parking in the commercial area, if the physical relationship between the premises makes such sharing possible, and results in superior design in terms of layout. Chapter 17.26, Commercial Zone states, "Where adjoining parking facilities of two or more ownerships are developed and designed as one parking facility, a reduction of up to 15% of the total combined required parking space may be permitted. Chapter 17.26 also states that up to 25% of the required number of parking spaces may be designated for compact cars. Using the above calculations, the tire store requires 29 stalls, and the auto repair 10 stalls. The total minimum number of stalls required for the shared parking is 39. When a 15% reduction for shared parking is applied, the total number of stalls required to be 34. The 8,500 sq. ft. retail building requires 35 stalls. Finding: Design Guidelines Section II, Paragraph B, subsection (3), requires applicant to provide pedestrian pathways through parking lots. Finding: ADA requires at least 1 handicap van accessible stall for each business. Conditions of Approval: 11. The applicant shall provide for at least 34 parking stalls, to be shared by the tire store and auto repair. Each business must provide for handicap accessible parking. 12. The applicant shall provide for at least 35 parking stalls for the retail facility. 13. The applicant shall create a shared parking agreement between Lots 3 & 4, and the agreement shall be assured by a sufficient legal document such as a covenant or reciprocal easement agreement or recorded covenant on the approved site plan. 14. The applicant shall provide for pedestrian access through the parking area, to connect all businesses. 15. The applicant shall provide for at least 1off-street loading space for each of the businesses. R'~Community DevelopmenP,Project Files`,SPR Site Plan Review\8309 Rainier Commons\8309 Approval ~etter.doc Page 5 of 7 7. Building Department Finding: The City of Yelm has adopted design guidelines for its commercial zones. Conditions of Approval: 16. Building design shall be in accordance with Design Guidelines. Design compliance shall be reviewed by the City at or before time of building permit submittal. 8. Fire Finding: Fire protection to the buildings must be provided per the Uniform Fire Code. Requirements for installation of fire hydrants will be determined in civil plan review. Conditions of Approval: 17. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. 18. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. 9. Landscaping Finding: Landscaping and screening are necessary to promote safety, to provide screening between compatible and incompatible land uses, to safeguard privacy and to protect the aesthetic assets of the City. YMC, Chapter 17.80 requires all development to provide on site landscaping. Finding: Chapter 17.80.060 provides for alternative landscaping options. The approval authority may grant a modification of the landscape requirements if the proposed landscaping represents an equal result that could have been achieved by strictly following the requirements of the landscape chapter. Conditions of Approval: 19. The applicant shall submit a final landscape and irrigation plan, pursuant to Chapter 17.80, to the Community Development Department for review and approval. 20. The applicant shall be allowed to reduce the landscape buffer on the north property, adjacent to the vehicle lanes line to 5 feet. The averaging shall include increased landscaping to the northwest of the auto repair facility, and to the tire store. 21. Landscaping shall be installed and approved by the Community Development Department prior to building occupancy. R:\Community Development\Project Files\SPR Site Plan Review\8309 Rainier Commons\8309 Approval Letter.doc Page 6 of 7 10. Refuse: Finding: Chapter 17.26.130(C) Commercial Zone, Landscaping provides guidance for the placement and screening of refuse containers. Conditions of Approval: 22. Refuse container screening shall be required, and be of a material and design compatible with the overall architectural theme of the associated structure, shall be at least as high as the refuse container, and shall in no case be less than six feet high. 23. No refuse container shall be permitted between a street and the front of a building. 24. Refuse collection areas shall be designed to contain all refuse generated on site and deposited between collections. Deposited refuse shall not be visible from outside the refuse enclosure. Site Plan Approval is a Type II Administrative land use approval. An appeal of this decision can be filed within 14 days from the date of this letter, pursuant to YMC, Chapter 15.49, Integrated Project Review Process. The Site Plan is valid for eighteen (18) months from the date of this letter. The applicant may request asix-month extension on the approval, if the request is made in writing prior to the expiration date of this approval. If you need additional information or assistance, please call the Community Development Department at (360) 458-3835. Sincerely, ~~ "Ii' ~- Tami Merriman Planning Technician cc: Grant Beck, Community Development Director Jim Gibson, Development Services Engineer Gary Carlson, Building Official Tim Peterson, Public Works Supervisor Shelly Badger, City Administrator R'.1Community DevelopmenD,Project Files\SPR Sile Plan Review\8309 Rainier Commons\8009 Approval Letler.doc Page 7 of 7