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Mt. Sunrise - Final Plat~~ ~H~a City of Yelm ~` Community Development Department a P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: November 3, 2005 Re: SUB-02-8329-YL, Mountain Sunrise Final Plat Enclosed please find the final recorded documents for Phase I of Case Number SUB-02-8329- YL, Mountain Sunrise, a 54 single family lot subdivision, on Wilkensen Road and 92°d Avenue SE. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\8329 Mt. Sunrise Benum-Coyne Pre & Final\Final Plat\dist final plat memo.doc YELM CHAMBER OF COMMERCE YELM POST OFFICE PO BOX 444 POSTMASTER YELM WA 98597 APPLICANT'S ARCHITECT APEX ENGINEERING 2601 SOUTH 35TH, SUITE 200 TACOMA, WA 98409-7479 SHELLY BADGER BARB BANGE CITY OF YELM CITY OF YELM ACCOUNTING PO BOX 479 DEPARTMENT YELM WA 97597 PO BOX 479 YELM WA 98597 ERLING BIRKLAND GARY CARLSON YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY PO BOX 476 DEVELOPMENT YELM WA 98597 PO BOX 479 YELM WA 98597 JIM GIBBON CHIEF RITA HUTCHESON CITY OF YELM COMMUNITY THURSTON CO. FIRE DISTRICT #2 DEVELOPMENT PO BOX 777 PO BOX 479 YELM WA 98597 YELM WA 97597 BARRY LOMBARD STEPHANIE RAY PUGET SOUND ENERGY CITY OF YELM PUBLIC WORKS 3130 SOUTH 38TH STREET TACOMA WA 984095615 TODD STANCIL GLEN THARP CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 MOUNTAIN SUNRISE LLC PO BOX 73130 PUYALLUP, WA 98373 OWNER KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 CODY EVANS c/o UPS 7383 NEW MARKET STREET SE TUMWATER WA 98501 CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 SARAH SCHAMME LEMAY, INC. (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 Wednesday, November 02, 2005 Final Plat Recorded flat ~~~1q g~9'i4 _;~ +~~~ ~~~~ ~ _ o ~ -a ~ c~ z ~~~ . ~~~~~ I I I I ~~~~~ ~~ ~~ ~~~d ~4~~ ~~~~ $~ ~~ ~v N Q 0 vy Y ~~ ~~ -~ ~~~~p ~~ 3 y~~~x ~~~~~ ~ ~~~ ~~ ~ ~~~ ~~ ~~~~ ~~~ ~~ ~~ >~ ~ ~:~ >~~ ~~ ~~ ~~ ~~~~ ~~~~ ~~ ti ~~ A d ~ O ~ ~~ N 1~~~, < 8 1''f~l ~ ZC~ ~~~ '~ _ ~~ ~ ~ ~~ ~> ~~ ~M ~° Q ~~~> ~~ ~~ ~ ~v~ ~N a ~~ ~$~~ ~~~~ ~~ ~~ A ~~N,1 ~ ~ ~~~~ ~ ~~~~ ~ ~ r b ~~~ ~~~ ~ ~~~ ~ ~~ ~~~~-~ ~ ~ r~ ~~~~~ ~~ ~ ~ A ~ ~~' ~~~o ~~~~ y ~~~~~ ~~~[ SQSQ ~ilZ ~I<~o ~~i~ ~ .r...AUDIT'... 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Nmm Ppp~~~~•U~l~{~~~ppa 1.r (r(~~'NN .r {.{~.~~.i 'U~UiQ I~~/ F~I'+J ~~~ ~ + ~NNpp pp• +~ ~~~O~NHO~IL~ bap 00NVO~OI VfD ppNN~DO O~GIf {~ v H O N 10 `il O O W • Iii 1J W $N 5~ 5~ ({~~ ({~~ (~1 ({~~1 (~ {~Ju (~ NQ N N N N N ~y yJ ~~~ ~ ~ ~ ~V mad' Pv VNVNVVP. ~PP>~ P1~ 5+~~'a'Sn `..~~~~~. ~~\+l B~~ ~ ~ $ 8 return Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Plat of Mountain Sunrise 2. Mountain Sunrise LLC 3. Coyne, Robert L 4. Benum, Robert E Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the S W '/4 of the S W '/4 of S 17 and a replat of Lot 1, block 12, Mckenna Irrigated tracts lying within the NW '/4 of the NW '/4 of S 20, all in Township 17N, Range 2E, Thurston County Assessor's Property Tax ParceUAccount Number: 64301200100 & 22717330100 IIII 3779887 III II Pa e IIII 9 1 0 IIIII f 3 IIII III IIIII III IIII III III IIII M IIII OU III ,0, NT I lei AIN SUNRISE DEVELO pgR 2005 09.51q S34 as rte. _ WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Mountain Sunrise, LLC (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 known as Mountain Sunrise, 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 are to be constructed in accordance with the sp4ecifications hereinafter set forth; and WHERE, in accordance with the items 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; 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: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of twelve (12) 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. Furthermore, the Wilkensen Road improvements, and internal sidewalk improvements required to be constructed and dedicated to the public shall be unconditionally warranted for a period of thirty-six (36) months from the date of final plat approval. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City 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 street, utilities and other 3779887 III IIII Pp 2 8./2005 09351 A IIIIIIII IIIIII III IIIIII IIIIII 1111111 IIIIII (IIII MOUNTAIN SUNRISE DEVELO AGR $34.00 Thurston Co. Wa. improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, 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 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 part of this agreement without prior written consent of the City. _ -- ; __,~ ~ ~7 ,~c -- ~//. Jim ~~- - /.~ ~ ~,! STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this ~ ~ day of ~_, 20~~; ,before me the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert E. Benum, and Robert L. Coyne Jr. that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this ~~-~ day of ?,~ , 20 ~.~ i . ^. ~, ~"~ ~d1v A ~M ~a .,,,.• ••.. ,O ~ .~ •. Qf.~ ~~ i ~.: ~~ .'~~K wA:i Notary Puf~lic in and Staff of 1%~ashington, My for the residing in mission expires:_ ^;~-c~ -n9 IIIIIII Page9887of 3 IIII I (IIII III IIII IIII IIIII 111111 IIII III I III 101 (IIII 28!20 MOUNTAIN SUNRISE DEVELO AGR OS 09.51q $34.00 Thurston Co. Wa return Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Plat of Mountain Sunrise 2. Mountain Sunrise LLC 3. Coyne, Robert L 4. Benum, Robert E Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the S W '/4 of the S W '/ of S 17 and a replat of Lot 1, block 12, Mckenna Irrigated tracts lying within the NW '/4 of the NW '/o of S 20, all in Township 17N, Range 2E, Thurston County Assessor's Property Tax ParceUAccount Number: 64301200100 & 22717330100 IIIIII I Pag 9885of 2 IIII VIII 1111111 Iilllllll IIIIiiI II III 10 / 1111111 28/200 III 5 09.518 MOUNTAIN SUNRISE DEVELO MISC $33.00 Thurston Co. Wa BILL OF SALE (CORPORATE FORM) ~n THIS BILL OF SALE is made and executed this ~~ ~ day of ~'-('~~-ii ~-,/ , 20 VS , by and between Mountain Sunrise, LLC , (CORPORATE NAME), hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, 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: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls and all sewer lines lying within dedicated rights-of--ways and easements for the plat of Mt. Sunrise, City of Yelm's Plat No. SUB-02-8329-YL. IN WITNESS WHEREOF, said corporation has by its proper officers and ;ts corporate seal (if --L~~-1~ / , 20t~ ~ . BY ITS caused this instrument to be executed any) to be affixed this ~ day of (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) ITS (Title) On the day of ~~~ 20 G~, before me, a Notary Public in d for the Sate of Washin Qn d` 1 ommissioned and sworn, personally appeared ~o~~'r~E- • `'~(';r~U Ili ~n~1 l~ O~~ r-~ cC • C i~h x; ~-?-, to m . known o be the ~I~Y' ~Y~ J (TITLE(S)) Of ~~~ ~g 1`l l'~~1, c' ~ L (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and th'~~~ed (if any) is the corporate seal of said corporation. WITNES~~ ~ ~ ~~ ~dto~cial seal the da end y st-above written. = ~t~tr ~"~ = Notary bli in and for the ~f.,,~ :o~~ St e of ashington, residing in ~~ 7~~.~: ~o~ ~`'~ _~~ r?~ ~7 it f Y) ,,,~~ f ~f.wAS~~~1-``~~~ System accepted th~s~~~,,,,,,,,,~~~"`day of ~ 20 City of Yelm By: Director of Public Works IIIIIiII Page9825of 2 IIII VIII 111111 IIIIIIIII VIII 111111 IIII IIII i o i z IIII e~zoos o MOUNTAIN SUNRISE DEVELO MISC 9.51A $33.00 Thurston Co. Wa, .eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Plat of Mountain Sunrise 2. Mountain Sunrise LLC 3. Coyne, Robert L 4. Benum, Robert E Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the S W '/4 of the S W '/4 of S 17 and a replat of Lot 1, block 12, Mckenna Irrigated tracts lying within the NW '/4 of the NW '/4 of S 20, all in Township 17N, Range 2E, Thurston County Assessor's Property Tax ParceUAccount Number: 64301200100 & 22717330100 I IIIIII III Pa9 9884of 2 ililiilll iiliili IIIIIIIIIII lorzerz II III III 005 09.51 A Illiiliill MOUNTAIN SUNRISE OEVELO MISC $33.00 Thurston Co. Wa BILL OF SALE (CORPORATE FORM) THIS BILL OF SALE is made and executed this ~ day of G L %~Z% ~?-~ r' , 20 C ~ , by and between'i'1r,,,,~ t~.~~, ~ ~, ~ ~~7~~ ~ L LC , (CORPORATE NAME), hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, 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 lines and related appurtenances lying within dedicated rights-of--ways and easements for the plat of Mt. Sunrise, City of Yelm's Plat No. SUB-02-8329-YL IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and~ts corporate seal (if any) to be affixed this ~ day of [~Cf~cta-~ ~ , 20.x. BY ~~_""'~_ ! (CORPORATE NAME) BY i ,, (' afore) (Signat)S(re) ITS /~'~f,~l~t'-c. ITS_ ~~~/~j~fr,~ (Title) (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the ~'~ day of ~~'~' 20 ~-~:i , before me, a Notary Public in an_d for the S te~of Washin obi, ly commissione{yd and sworn, personally appeared ,l.~t;1'~?/• ~~('~t(i~71 114~,~'~ 1;0~~'r'rt L- ~~~~~L J- to me known. to . be the -r'-'~.'' i~~1 (-'~;,1'~ (TiTLE(sp of )ti~~ ~ ~~1~-"~I'1~~ ~ ~~ (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and ~a+t~h,,, fated that he is authorized to execute the said instrument and that tl~~~'~ any) is the corporate seal of said corporation. WITNESS my l~ri. ~ ~i.c • ; se21 the day~and yew first-above written. ~'. -Y~~'~ .~e2 I~ ary pub, 'c iri d for the -,~'~r'••.'`.~~. D,, ~ t~~,.~ State of .V6tashin n, resi '~'''rf O f W ~S'~~~`~~ f a -~,; ~ I~ Q r V i ~~{- ding in '~ann n unt~~ System accepted this day of , 20 City of Yelm By: Director of Public Works I IIIIIi l Pa9 98 Z4of 2 IIII VIII illlllill Illiili IIIIIIIII (IIII it taz II IIII e / 2005 MOUNTAIN SUNRISE DEVELO MISC 09.StA $33.00 Thurston Co. Wa, .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Plat of Mountain Sunrise 2. Mountain Sunrise LLC 3. Coyne, Robert L 4. Benum, Robert E Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the SW '/4 of S 17 and a replat of Lot 1, block 12, Mckenna Irrigated tracts lying within the NW '/4 of the NW '/a of S 20, all in Township 17N, Range 2E, Thurston County Assessor's Property Tax ParceUAccount Number: 64301200100 & 22717330100 III 3779883 IIII Pa II e III (IIII 9 10 III f III 34 III II III II III II IIII II III MOU IIII NT III ,©/ AI I 281 N SUNRISE DEVELO DEC 2©©6 ©9'S1Q $65.00 Thurston Co. Wa After Recording Return to: Mountain Sunrise Development, LLC. P.O. Box 73130 Puyallup, WA. 98373-0130 MOUNTAIN SUNRISE AT YELM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS 3779883 IIII Ppg 812005 09 51R IIII IIII IIII IIII IIIII IIII Wa IIII Co IIII on IIIII s! IIII Thur IIIII 0 IIII 65.0 Mn~~uroiN SUNRISE DEVELO DEC $+ Table of Contents BACKGROUND ...............................................................................................................1 DECLARATION ............................................................................................................... 1 ARTICLE I DEFINITIONS ................................................................................................ 2 ARTICLE II PROPERTY; DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY ........................................................................................................... 4 ARTICLE III COMMON AREAS ....................................................................................... 5 ARTICLE IV ASSOCIATION ............................................................................................ 5 ARTICLE V EASEMENTS ................................................................................................ 6 ARTICLE VI ASSESSMENTS ........................................................................................... 7 ARTICLE VII MAINTENANCE ......................................................................................10 ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE ..........................................12 ARTICLE IX ARCHITECTURAL AND LANDSCAPE CONTROL .................................... 13 ARTICLE X PERMITTED AND PROHIBITED USES ...................................................... 15 ARTICLE XI INSURANCE REQUIREMENTS .................................................................19 ARTICLE XII DAMAGE OR DESTRUCTION ................................................................. 19 ARTICLE XIII CONDEMNATION .................................................................................. 20 ARTICLE XIV MORTGAGEES' PROTECTION .............................................................. 20 ARTICLE XV GENERAL PROVISIONS .......................................................................... 21 IIIIII 3779883 IIIIII Page : 3 of 34 IIIIIIIII IIIIIIIII IIIIIIII IIIIIIII , o, IIIIIIII 29l2©© 5 09.518 MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. MOUNTAIN SUNRISE AT YELM DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION ("Declaration") is made on the 1 ~ day of October, 2005, by Mountain Sunrise Development, LLC., a Washington limited liability company ("Declarant"). BACKGROUND 1. Declarant is the owner of certain real property in Thurston County, Washington, that is legally described on the attached Exhibit "A-1" (the "Property") and depicted on Exhibit "A-2" (the "Development Plan"), both of which are incorporated and made a part hereof by this reference. The Declarant intends to create on the Property the residential community of Mountain Sunrise at Yelm ("Mountain Sunrise at Yelm"), with permanently maintained Common Areas for the benefit of the Mountain Sunrise at Yelm owners ("Owners"). 2. Declarant intends to develop Mountain Sunrise at Yelm over time in two (2) divisions and has created a phased plan of development for the benefit of the Property. Declarant desires to preserve and enhance the property values, amenities and opportunities in all of the divisions of Mountain Sunrise at Yelm and to provide for the health, safety and welfare of the Owners. To this end, Declarant desires to subject that portion of the Property commonly referred to as Mountain Sunrise at Yelm, Phase 1, that is legally described on the attached Exhibit "B-1" ("Phase 1") and depicted on Exhibit "B-2," (the "Phase 1 Development Plan"), both of which are incorporated and made a part hereof by this reference, to the covenants, restrictions, easements, charges and liens set forth in this Declaration. No other portion of the Property, except Phase 1, is subjected to the terms of this Declaration at this time. Other portions of the Property may be subjected to the terms of this Declaration in the future, but only as provided for below in Article II. 3. Declarant will incorporate "Mountain Sunrise at Yelm Owners Association" as a nonprofit Washington corporation (the "Association") in order to provide a mechanism for meeting some of the purposes set forth in this Declaration. DECLARATION Declarant hereby declares that the portion of the Property known as Mountain Sunrise at Yelm, Phase 1 is and shall be held, transferred, sold, conveyed and occupied subject to all of the terms and conditions set forth in this Declaration including, without limitation, the covenants, restrictions, easements, charges and liens set forth in this Declaration. Further, except with respect to Sections 7.4, 7.5, 7.6 and 7.7, below, Declarant delegates and assigns to the Association, upon its creation, the power of (i) owning, maintaining, and administering the Common Areas defined below; (ii) administering and enforcing the covenants and restrictions; (iii) collecting and disbursing the Assessments and charges created in this Declaration; and (iv) promoting the recreation, health, safety and welfare of the residents. Further, Declarant hereby reserves the right to assign any or all of Declarant's rights and/or obligations arising out of this Declaration that are not assigned to the Association pursuant to the 3779883 II IIII IIII ?02 8.12~~5 09:518 IIII III III IIIIIIIIII 1111111 IIIIIIIII IIIIIIII MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. preceding paragraph. With respect to Sections 7.4, 7.5, 7.6 and 7.7, below, the Declarant may, at its sole discretion, both: (a) Retain all of its rights and obligations arising therefrom; and/or (b) Assign these same rights to a Successor Declarant(s). In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, the Declarant and Successor Declarants) shall both or all independently have the same rights with respect to the enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration. ARTICLE I DEFINITIONS Section 1.1 "ACC" shall mean the Architectural Control Committee as described in Article 1X. Section 1.2 "Articles" shall mean the Association's Articles of Incorporation, together with any amendments thereto. A specimen copy of the Articles is attached as Exhibit "C," which is incorporated and made a part hereof by this reference. Section 1.3 "Assessment" or "Assessments" shall mean individual or collective Assessments arising out of Article VI including, without limitation, Annual, Special or Reimbursement Assessments. Section 1.4 "Association" shall mean the Mountain Sunrise at Yelm Owners Association, a Washington nonprofit corporation, and its successors and assigns, if applicable. Section 1.5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association. Section 1.6 "Builder" shall mean any entity or person that or who shall purchase one (1) or more Lots and construct a residence thereon for the purpose of selling or leasing the same. Section 1.7 "Bylaws" shall mean the Association's Bylaws, together with any amendments thereto. A specimen copy of which is attached as Exhibit "D," which is incorporated and made a part hereof by this reference, together with any amendments. Section 1.8 "Common Areas" shall mean the portions of the Property, both real and personal, in which the Association has been granted an ownership interest, easement, lease or right of control by written instrument, including, without limitation, this Declaration and/or by delineation on the Plat of Mountain Sunrise at Yelm, Phase 1 or future Plat created on the Property for the use and enjoyment of the Members (excepting easements for maintaining Lots as provided for in Section 5.2(a)). The Common Areas within Phase 1 are legally described on the attached Exhibit "E," which is incorporated and made a part hereof by this reference. Section 1.9 "Declarant" shall mean Mountain Sunrise Development, LLC., a Washington limited liability company, its successors and assigns; provided, however, that no Successor Declarants) or assignee(s) of Declarant shall have any rights or obligations of Declarant arising out of this Declaration unless such rights and obligations are specifically set forth in an instrument of succession or assignment duly executed by Declarant. Section 1.10 "Declaration" shall mean all of the terms and conditions included in this Declaration of Covenants, Conditions and Restrictions, including without limitation the covenants, restrictions, easements, charges, liens and all other provisions, as they may from time to time be amended in accordance with Section 15.6. 3779883 IIII IIII Pp 2 8.12©D5 09351 R I III VIII IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIII III MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. Section 1.11 "Development Plan" shall mean the overall general plan illustrating among other things the intended development of all phases of the Plat of Mountain Sunrise at Yelm that was approved by the City of Yelm as shown on the attached Exhibit "A-2." Section 1.12 "Federal Mortgage Agencies" shall mean those federal agencies that may have an interest in the properties, such as the Federal Housing Administration ("FHA"), the Veterans Administration ("VA"), the Federal National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation ("FHLMC"), or the successors to their respective interests. Section 1.13 "First Mortgagee" shall mean a lender who holds the first mortgage or first deed of trust on a Lot and who has notified the Association in writing of its holdings. Section 1.14 "Fiscal Year" shall mean the accounting year of the Association. Section 1.15 "Initial Sale" shall mean the conveyance of a Lot from Declarant to a Builder. Section 1.16 "Lot" shall mean any numbered parcel of land shown upon any recorded subdivision map of the Property, with the exception of the Common Areas and other areas set aside for nonresidential use. Section 1.17 "Manager" shall mean the person, firm, entity or corporation to whom the Board of Directors may delegate managerial duties. Section 1.18 "Member" shall mean every person or entity that owns a Lot and holds membership in the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot. Section 1.19 "Mortgage" shall mean a deed of trust or any other security instrument Section 1.20 "Notice" shall mean written notice delivered personally or mailed to the last lrnown address of the intended recipient. Section 1.21 "Owner" shall mean every person or entity, including Declarant, which is a record Owner of the fee simple title to any Lot, or if any Lot is sold under real estate contract, the vendee or vendees under that contract; provided, however, that the term "Owner" shall not include those having an interest merely as security for the performance of an obligation. Section 1.22 "Phase 1 Development Plan" shall mean the general plan illustrating the intended development of Phase 1 of the Plat of Mountain Sunrise at Yelm that was approved by the City of Yelm as shown on the attached Exhibit "B-2." Section 1.23 "Plat" shall mean the planned residential community commonly lrnown as Mountain Sunrise at Yelm, which is situated on the Property. Section 1.24 "Property" shall mean the real property described on the attached Exhibit "A- 1." Section 1.25 "Successor Declarant(s)" shall mean the person, firm, entity, company or corporation to whom the Declarant may assign any right or obligation as provided for above in Section 1.9. In the event of a partial or complete assignment of any rights and/or obligations arising out of the Declaration to a Successor Declarant(s), all references to Declarant throughout the Declaration shall also apply to such Successor Declarants) with respect to any and all such assigned rights and/or obligations. With respect to Sections 7.4, 7.5, 7.6 and 7.7, the Declarant may, at its sole discretion, both: (a) Retain all of its rights and obligations arising therefrom; and/or VIIIIII VIIIIAIIIII111111VIII III II III II II III I PO / 28182005 09351 R $65.00 Thurston Co. Wa. (b) Assign these same rights to a Successor Declarant(s). In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, the Declarant and Successor Declarants) shall both or all independently have the same rights with respect to the enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration. ARTICLE II PROPERTY; DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY Section 2.1 The Property. The real property that may be subjected to this Declaration, in Declarant's sole and complete discretion, is legally described on the attached Exhibit "A-1" and represents the whole of the planned residential community commonly known as Mountain Sunrise at Yelm. Section 2.2 The Development Plan. The Development Plan, illustrated on the attached Exhibit "A-2," is Declarant's intended design for the overall development of Mountain Sunrise at Yelm as a planned residential community. The Development Plan includes one hundred one (101) single-family Lots located on approximately 25.34 acres. Section 2.3 Phase 1. The real property that is subjected to this Declaration at this time is legally described on the attached Exhibit "B-1" and represents the first division of the planned residential community commonly known as Mountain Sunrise at Yelm. Section 2.4 Phase 1 Development Plan. The Phase 1 Development Plan, illustrated on the attached Exhibit "B-2" is the Declarant's intended design for Mountain Sunrise at Yelm, Phase 1. The Phase 1 Development Plan includes fifty four (54) single-family Lots located on approximately ten (10) acres. Section 2.5 Modification of Plans. The Development Plan and the Phase 1 Development Plan may both be modified and amended as provided in this Declaration and as provided under City of Yelm development regulations at any time during the time required to develop Mountain Sunrise at Yelm. It is currently the intention of Declarant to develop Mountain Sunrise at Yelm in full accordance with the Development Plan and the Phase 1 Development Plan, both of which are, however, conceptual in nature, and do not bind the Declarant to improve any portion of the Property or to subject the currently planned second future phase to this Declaration. In fact, at the time of the creation of this Declaration, the Declarant has received notification from the State of Washington that it is planning to condemn a portion of the Property that is currently planned for Phase 2 of the Plat. Therefore, the total number of Lots will likely be reduced by the time that the Phase 2 portion of the Plat receives final approval from the City of Yelm. Section 2.6 Additions to the Declaration. Declarant, in its sole discretion, shall have the right, but shall have no obligation, to subject additional portions of the Property to the covenants, restrictions, easements, charges and liens set forth in this Declaration. Such additions to the Declaration shall be effected by: (a) complying with applicable ordinances of the City of Yelm; (b) recording with the Thurston County Auditor one or more supplementary declarations that include: (i) the legal description of the real property to be added; and (ii) a drawing depicting the real property to be added; (c) recording with the Thurston County Auditor the final plat for such additions. 3779883 IIII Pp 2 812©D5 ©9:51 R IIIII IIIII IIIIII IIIII IIIII III a. IIII . W IIIIII Co IIII ton IIIII urs III Th MOUNTRIN SUNRISE DEVELO DEC $65.00 ARTICLE III COMMON AREAS Section 3.1 Dedication. Upon the recording of the Plat of Mountain Sunrise at Yelm, Phase 1, the portions of the Property designated as Common Areas were dedicated to the Association. The Common Areas owned by the Association are legally described on the attached Exhibit "E." The Common Areas within Phase 1 include: (a) Tract "A," which is an open space/private park tract; and (b) Tract "C" which is a stormwater detention facility Section 3.2. Right of Association to Adout Reasonable Rules. Each Owner shall have a right of enjoyment and use, together with a nonexclusive easement in, over and through the Common Areas for ingress and egress, which easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to: (i) adopt reasonable rules governing the use of the Common Areas and the personal conduct of persons authorized to use said Common Areas; and (ii) establish appropriate penalties for the violation of those rules; and (b) The right of the Association to dedicate or transfer by deed or easement all or any part of the Common Areas to any public agency, authority, or utility; however no such dedication or transfer shall be effective without the approval of two-thirds (2/3t~) of each class of Members described below in Section 4.2. Section 3.3 Delegation of Use. Any Owner may, subject to the limitations set forth in this Declaration, delegate his, her, their or its right of enjoyment to the Common Areas to: (i) the members of his, her, their or its family; (ii) his, her, their or its tenants; or (iii) his, her, their or its guests. Section 3.4. Association to Maintain. The Association shall: (i) maintain, repair, replace and improve the Common Areas as appropriate for afirst-class residential community; and (ii) pay the actual cost of the same from Annual or Special Assessments, as appropriate. ARTICLE IV ASSOCIATION Section 4.1 General. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to each Lot and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership in the Association. Section 4.2. Classes. The Association shall have two (2) classes of voting membership: (a) Class "A." Class "A" Members shall be all Owners, with the exception of Declarant or a Successor Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be divisible and exercised as the Owners determine, but in no event shall more than one (1) vote be cast with respect to any Lot; and (b) Class "B." The Class "B" Member shall be the Declarant, and shall be entitled to five (5) votes for each Lot that may be created on the Property as depicted on the Development Plan. The Class "B" Membership shall cease and be converted to Class "A" Membership upon the happening of either of the following events, whichever occurs earlier: (i) When the total votes in the Class "A" Membership equals or exceeds the total votes in the Class "B" Membership, which will occur upon the Declarant's or a IIIIIII ?ag 9883of 34 VIII IIIIIIII IIIIII IIIiI VIII VIII VIII IIIIII 101 III 2812 MOUNTAIN SUNRISE DEVELO DEC ©O5 09:518 $65.00 Thurston Co. Wa Successor Declarant's initial sale of the 87"' Lot out of the 101 Lots envisioned in the Development Plan to Owners who reside on or lease the subject lot to others who reside on said Lot; or (ii) On January 1, 2020. Section 4.3 Board of Directors. The Association shall be managed by a Board of Directors elected or appointed in accordance with the Articles of Incorporation and Bylaws of the Association. Section 4.4 Delegation to Manager. The Board of Directors may delegate any of its managerial duties, powers, or functions to any person, firm, entity or corporation (the "Manager"); provided that any management agreement maybe terminated by the Association: (a) For cause upon delivery of thirty (30) days advanced written notice; and (b) Without cause upon delivery of ninety (90) days advance written notice. The term of any such management agreement may: (a) Not exceed one (1) year; and (b) Be renewable by agreement of the parties for successive one- (1) year periods. The Members of the Board of Directors shall not be liable for any omission or improper exercise by the Manager of any duty, power, or function so delegated by written instrument executed by a majority of the Board of Directors. ARTICLE V EASEMENTS Section 5.1 Utility and Drainage Easements for Declarant and/or its Assigns. In addition to or consistent with easements reserved on the face of the Plat or created by any instrument of record, nonexclusive easements for utilities and drainage are reserved for the Declarant and/or its assigns, over a five (5) foot wide strip along each side of the interior Lot lines and over a ten (10) foot wide strip adjacent to the rear and street side Lot line of each Lot. In addition, a nonexclusive easement is reserved for Declarant and/or its assigns over, under, and on all of the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public agency, authority, utility company, and/or the Association is responsible. Fencing and landscape plantings are permitted on the side and rear property lines as approved by the ACC. Section 5.2 Easement for Association. The Association, the ACC, the Declarant and its agents, successors and assigns shall have a nonexclusive easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) The cleaning, maintenance, repair or replacement of any improvement as provided in Section 7.1 (this easement shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in Section 7.1); (b) The maintenance, repair, replacement, or improvement of any Common Area accessible from a Lot; I VIII 3779883 VIII Page: 9 of 34 IIIIIII IIIIII IIII IIIIII VIII IIIIIII VIII ,©/ IIII 28/2 MOUNTAIN SUNRISE DEVELO DEC 0D5 D9 51R $65.00 Thurston Co. Wa, (c) Emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or the improvements thereon; (d) The cleaning, maintenance, repair, or restoration work that the Owner is required to do, but has failed or refused to do; and (e) All other acts necessary to enforce this Declaration. Except in the event of an emergency where advance notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. Section 5.3 Easement for Government Personnel. An easement for access by police, fire, rescue and other government personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public duties. Section 5.4 Easement for Declarant. The Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment, materials or utilities, and such other actions necessary for or related to: (a) The development and/or maintenance of the Property; and (b) The development and/or maintenance of any property owned by the Declarant at the time of the creation of this Declaration or subsequently acquired by the Declarant that is to be developed by Declarant and is adjacent to or in the vicinity of the Property. ARTICLE VI ASSESSMENTS Section 6.1 Covenants for Maintenance Assessments. (a) Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association: (i) "Annual Assessments" or charges; and (ii) "Special Assessments" for capital improvements. (b) The Annual Assessments and Special Assessments, together with interest, costs and reasonable accounting fees and attorney's fees shall be a charge and a continuing lien upon the Lot against which each such Assessment is made. Such lien may be foreclosed by the Association in the same manner as a Mortgage on real property. (c) Each Assessment, together with interest, costs, and reasonable accounting fees and attorney's fees shall also be the personal obligation of the person(s) who is or are the Owner(s) of the Lot assessed at the time the Assessment becomes due and payable. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by the successor-in-interest. The new Owner shall be personally liable for Assessments that become due and payable on and after the date of sale (e.g., date of closing if sold by real estate contract) or transfer of a Lot to the new Owner (e.g., date of conveyance by deed). Section 6.2 Pumose of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of: (a) Promoting the recreation, health, safety and welfare of the residents of the Property; (b) Improving, maintaining, replacing and/or repairing of the Common Areas and the services and facilities related to the use and enjoyment of said Common Areas; IIIIII VIII Pag 9$80 of 34 IIIIIIIIIII IIIIIIIIIII IIIIIIII IIIIIIII 0!28/20 I IIII 05 09.51 q MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. (c) Paying the costs associated with taxes and insurance related to the Common Areas, and (d) Paying the Association's administrative expenses (e.g., accounting fees, legal fees, office supplies, etc.). Section 6.3 Annual Assessments. The Board of Directors shall establish the maximum Annual Assessment that may, from time to time, be increased subject to the following conditions and limitations: (a) Until January 1, 2007, the maximum Annual Assessment shall be Two Hundred and 00/100ths Dollars ($200.00) per Lot; (b) After January 1, 2007, and continuing until such time as the Class "B" Membership ceases to exist, the Board of Directors may fix and increase the maximum Annual Assessment as necessary to fulfill the purposes set forth in this Declaration; and (c) From and after the date upon which the Class "B" Membership ceases to exist, the maximum Annual Assessment may not be materially increased without an affirmative vote of two-thirds (2/3r~) of the Class "A" Members who are voting in person or by proxy, at a meeting duly called for such purpose pursuant to Section 6.11 of this Article. A "material increase" shall be an increase, which cumulatively for the Association's then current fiscal year increases the Annual Assessment by more than ten percent (10%). Section 6.4 Commencement of Annual Assessments. The Annual Assessments shall commence as to each Lot within the Property on the first (ls`) day of the month following the Initial Sale. The first Annual Assessment shall be prorated to December 31 of the then current calendar year and shall be collected at the closing of the Initial Sale. Section 6.5 Board to Fix Annual Assessment. The Board of Directors shall fix the Annual Assessment at an amount not in excess of the maximum at least fifteen (15) days prior to the start of the forthcoming fiscal year. Written notice of the Annual Assessment shall be sent to every Owner. In the event the Board fails to fix an Annual Assessment for any fiscal year, then the Assessment established for the prior year shall automatically be continued until such time as the Board acts by modifying the Annual Assessment. The Annual Assessments shall be determined in such a manner so as to be sufficient to: (a) Meet the obligations imposed by this Declaration and any supplementary declarations; and (b) Establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas that require such actions on a periodic basis. Section 6.6 Special Assessments for Capital Improvements. 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 or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Areas, including, without exception, the necessary fixtures and personal property related thereto; provided, however, that any such Special Assessment shall have the assent of two-thirds (2/3`x) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose pursuant to Section 6.11 of this Article. Section 6.7 Reimbursement Assessment. Declarant shall collect a Reimbursement Assessment in the amount of Seven Hundred Fifty and 00/100ths Dollars ($750.00) per Lot which represents each Lot's pro rata share of the sums advanced by the Declarant for expenses associated IIIII 3779883 IIIII Page: 11 of 34 IIII IIIII IIIII IIII IIIII IIIII IIIII IIII IIII ,© IIII /ZB/ MOUNTAIN SUNRISE DEVELO DEC 20D5 09.578 $65.00 Thurston Co. Wa. with certain improvements installed by the Declarant on behalf of the Association, including without limitation those expenses associated with the establishment of the Association (e.g., filing fees, attorney fees, administrative fees, recording fees, etc.), initial Common Area improvements (e.g., landscaping, irrigation, street lighting, signage, nature trail, fencing, etc.) and other costs and expenses associated with the initial establishment of the Association This Reimbursement Assessment shall be the responsibility of the purchaser of the new single-family residence and it shall be paid directly to Declarant by the applicable escrow company at the time a Builder closes a sale of a Lot after the construction of asingle-family residence thereon. Section 6.8 Working Capital Contribution. At the time of an Initial Sale of a Lot within the Property the Builder shall pay One Hundred Fifty and 00/100ths Dollars ($150.00) per Lot to the Association as a contribution to the working capital of the Association. Section 6.9 Repair Fund Fee(s). Notwithstanding all of the other provisions included in this Article VI or in Article VII, below, and without in any way whatsoever diminishing or modifying the vitality of the terms and conditions arising from such other provisions, at the time of an Initial Sale of a Lot within the Property the Builder shall pay to the Declarant a fee in the amount of One Hundred and 00/100ths Dollars ($100.00) per Lot. This fee shall be used to perform repairs required as a result of the City of Yelm's inspection of the public roads and the private storm drainage system at the end of the designated maintenance period (the "Repair Fund Fee(s)"). The Repair Fund Fee(s) shall be paid in addition to, not in lieu of, any and all other maintenance costs, expenses, fees or charges of any name or characterization arising from the other provisions included this Declaration, generally, including without limitation those provided for in Article VII . Section 6.10 Rate of Assessments. Except as provided for in Section 7.3 below, all Assessments shall be fixed at a uniform rate for all Lots within Mountain Sunrise at Yelm. Section 6.11 Notice and Quorum for any Action Authorized Under Sections 6.3 and/or 6.5. Written notice of any meeting conducted pursuant to Sections 6.3 or 6.5 of this Article shall be sent to all Members not less than thirty (30) days or more than sixty (60) days in advance of the meeting and shall include a statement explaining of the purpose of the scheduled meeting. At the first meeting called for the purposes set forth in Sections 6.3 and/or 6.5, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each separate and distinct class of Membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, a subsequent meeting may be called, subject to the notice requirement set forth above in this Section 6.11, and the required quorum at any such subsequent meeting shall be one-half (%) of the required quorum at the preceding meeting. However, no such subsequent meeting having a reduced quorum requirement shall be held more than sixty (60) days following the preceding meeting. Section 6.12 Certificate. The Association shall, upon request, furnish a certificate in writing signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. The Association may make a reasonable charge for the issuance of these certificates. Such certificate shall be conclusive evidence of payment or nonpayment of any Assessment. Section 6.13 Effect of Nonpayment of Assessments; Remedies of Association. Any Assessments that are not paid when due shall be delinquent. A late charge equal to five percent (5%) of the amount overdue shall be charged for any payment made more than ten (10) days past the due date. The Association, after approval by two-thirds (2/3`x) vote of the Board, may increase the percentage rate of the late charge. If the Assessment is not paid within thirty (30) days after the due date, the Assessment shall bear interest from the due date at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner obligated to pay the IIIII 3779883 IIII Page: 12 of 34 IIIII IIII IIIII IIII IIII III IIIII 111111 IIII , IIII o,z II e,z MOUNTAIN SUNRISE DEVELO DEC 005 os.51q $65.00 Thurston Co. Wa, Assessment, or may foreclose the lien against the Lot, and in either event, interest, costs, and reasonable attorney's fees shall be added to the amount of such Assessment. No Owner may waive or otherwise escape liability for Annual or Special Assessments by nonuse of the Common Area or by abandonment of his, her, their, or its Lot. Section 6.14 Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the Assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults are fully remedied. In addition, the Association shall have such other remedies against any such delinquent Member or Members as may be provided in the Articles, Bylaws and/or Declaration. Section 6.15 Subordination of Lien to Mortgages. The lien of the Assessments provided for in this Declaration shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, where the mortgagee of a Mortgage of record or other purchaser of a Lot obtains possession of the Lot as the result of foreclosure of a Mortgage, or by deed or assignment in lieu of foreclosure, such possessor, or his, her, their or its successors and assigns, shall not be liable for the Assessments imposed by the Association chargeable to such Lot which became due prior to such possession. Such unpaid share of common expenses or Assessments shall be deemed to be common expenses collectible from all of the Owners, including such possessor, his, her, their or its successors and assigns. Section 6.16 Exempt Property. The following portions of the Property shall be exempt from the payment of Assessments: (a) All portions of the Property dedicated to and accepted by a public agency, authority and/or utility; and (b) The Common Areas and other areas set aside for nonresidential use. ARTICLE VII MAINTENANCE Section 7.1 Standard of Maintenance -Common Areas. The Association shall be obligated to do the following: (a) Maintain, repair and replace all community mailboxes, street lights (if not maintained by a public or private utility company), the entry signage and any other privately owned improvement installed or constructed by Declarant during the development of the Property. (b) Maintain, repair and replace when necessary the landscaping, fencing, recreational amenities, irrigation systems, stormwater detention facilities, and other improvements situated within the Common Areas. The Board shall be responsible to make all decisions as to the work required under this provision. All expenses incurred in performing the obligations described in this Article shall be paid for by the Association and become part of the Assessments described above in Article VI; provided, however, that if any of such work is required as the result of any negligent or intentional act or omission of any Owner, or his, her, their or its guests, family or tenants, the cost of such work shall be paid for exclusively by such Owner, and shall become part of the Assessment levied against the Lot owned by such Owner. Section 7.2 Standard of Maintenance. Each Owner shall have the obligation to maintain his, her, their or its Lot and any building, landscaping, trees, fencing or other improvements located on in IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III IIIIII III IIII PD 28!8203 9 5 A MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. the Lot (and including without limitation as part of the Lot the planting strip located between the street and the sidewalk adjacent to the Lot, together with the Street Trees planted therein, if applicable) to standards appropriate for afirst-class residential community. Section 7.3 Remedies for Failure to Maintain. If the Owner of any Lot fails to so maintain the Lot, buildings, landscaping, fencing, trees, landscaping and/or other improvements to those standards ("Non-Conforming Owner"), the Association, after approval by two-thirds (2/3r~) vote of the Board, shall have the right, through its agents and employees, to enter upon the Lot and to clean, repair, maintain, and restore the Lot and the exterior of the buildings and other improvements; provided, however, that any alteration or demolition of constructed improvements may only take place after judicial proceedings are instituted. The cost of such exterior maintenance and all court costs, and attorney's fees incurred in enforcing this provision shall be added to and become part of the Assessments for such Non-Conforming Owner's Lot, fully subject to the remedial provisions set forth in Article VI. Section 7.4 Street Trees and Planting Snips. As a condition of approval for Sunrise at Yelm, the Declarant was required to install certain trees adjacent to the road right of way according to the landscape plan approved by the city of Yelm ("Street Trees"). Each Builder or Owner is responsible to maintain said Street Trees and in the event any Street Tree is removed or damaged for any reason, the Owner of the Lot upon which the Street Tree is located (and including as part of the Lot the planting strip located between the street and the sidewalk adjacent to the Lot, if applicable) shall immediately replace the tree with a tree that is the same species and of similar size. If it is necessary for the Declarant to replace any Street Tree due to failure of the Builder or Owner to do so, Builder or Owner shall reimburse Declarant for the cost of replacing same. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Regardless of any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.5 Street Repair, Maintenance and Cleaning Development of Plat. All Builders and Owners shall use due diligence to avoid allowing any unnecessary dirt, debris or other material from washing onto the road as a result of any construction activities and shall at all times remain responsible for keeping the road clean of any such debris, dirt or material. In addition, all Builders or Owners shall use due diligence to avoid causing any damage to the road or sidewalks and all roads, sidewalks and other improvements constructed by the Declarant. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period of ten (10) years after recording of this Declaration. Section 7.6 Maintenance of Stormwater Drainage System During Development of Plat. All Builders or Owners shall use due diligence to avoid allowing any materials from washing or being put into the stormwater drainage system as a result of construction activities conducted by said Builder or Owner. This includes any sediment, cement slurry, or other material washing off or coming off of IIIIII VIII IIIIII III P© 28 884 of 34 II IIII IIIIII IIIIII III I z©©5 09.51 A IIIIIIIIIIII MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. any Lot upon which a Builder or Owner is constructing an improvement. In the event any Builder or Owner is in violation of the provisions of this Section, that Builder or Owner shall pay a maintenance charge to the Declarant in an amount to be determined by the Declarant, but not to exceed five hundred and 00/100ths Dollars ($500.00) for each violation. In addition, each Builder or Owner agrees to indemnify the Declarant from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the stormwater drainage system as a result of any violation. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.7 Utility Repair and Maintenance During Development of Plat. All Builders or Owners shall use due diligence to avoid allowing any damage to occur to any utility or related system improvement as a result of construction activities conducted by said Builder or Owner. In the event that such damage occurs, the Builder or Owner agrees to immediately repair or replace same. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.8 Repairs Required by the City of Yelm. Any repairs, modifications, alterations, upgrades, improvements and/or labor, material and/or equipment required following the City of Yelm's inspection of the public roads and private storm drainage system at the end of the designated maintenance period may be paid for from the proceeds of the Repair Fund Fee(s) collected pursuant to Section 6.9 above and/or, in Declarant's sole discretion, through the procedures set forth herein in Sections 7.4, 7.5, 7.6 and 7.7, generally. ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE Section 8.1 Appointment and Membership. There is hereby constituted an Architectural Control Committee (the "ACC"). The Declarant shall have the unilateral right to select the members of the ACC, at the Declarant's sole and exclusive option, until each and every Lot is fully developed and a house is constructed thereon. Thereafter, the ACC shall be appointed by the Board. Initially, the ACC shall be composed of Robert L. Coyne, Robert E. Benum and Amy Cox. A majority of the ACC may designate a representative to act for it, which representative shall be known as the "Control Architect." Section 8.2 Guidelines. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order to further the intent and 3779883 III IIII P©g 8./2005 © : 54R Ililll IIIIIIII 1111111 IIIII IIII 1111111 IIIIiI I IIII a . MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. W purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be available to all Members upon request. Section 8.3 Meetings; Compensation. The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless authorized by the Association, neither the Control Architect, nor the members of the ACC shall receive any compensation for their services. Both the Control Architect and members of the ACC shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of any ACC authorized duties. Section 8.4 Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter submitted for approval. Section 8.5 Liabili Neither the ACC nor any of its members shall be liable to the Association or to any Owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the ACC for approval or for failure to approve any matter submitted to the ACC. The ACC or its members may, during its review and consideration of any matter or issue over which it has jurisdiction, consult with the Association or any Owner with respect to any plans, drawings, specifications, or any other inquiry received by the ACC and/or proposal submitted to the ACC. ARTICLE IX ARCHITECTURAL AND LANDSCAPE CONTROL Section 9.1 Approval of Plans Required. Except as provided for in Section 9.2 below, none of the following actions may be taken until plans and specifications for the same have been approved in writing by the ACC: (a) The construction of private roads or driveways; (b) The construction or erection of any building, fence, wall or other structure, including the installation, erection, or construction of any solar collection or satellite device; (c) The remodeling, reconstruction, or alteration of any road, driveway, building or other structure; and (d) The landscaping or alteration of any existing landscaping upon any area which is required to be maintained either by the Association or any Owner pursuant to this Declaration. Section 9.2 Approval Not Required. Notwithstanding any other provision included in this Declaration, the approval of the ACC shall not be required for each of the following: (a) Action taken by Declarant to develop the Property in accordance with the Development Plan; (b) The construction by Declarant of any single-family home; (c) Other development activity undertaken by Declarant (including, without limitation, clearing, grading, construction of utilities ,landscaping, construction of driveways, parking areas, fences, etc.) on any Lot; and (d) Construction by a Builder of any improvement, provided that the Builder has obtained a waiver in writing from the ACC exempting that Builder from the ACC approval process in advance of commencement of construction. Such waiver may be granted by the ACC following its IIIIII VIII IIIIII III Pag 9886 of 34 IIIIIIIIIIIIIIIIII 0/28!2005 09 IIIIIIIIIIIIIIII 51R MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. review and approval of a specific base plan that will be repeatedly constructed in the Plat and must be obtained prior to the initiation of construction. Section 9.3 Procedure for Review. Any person desirous of obtaining ACC review and approval as provided for in this Article IX shall submit to the ACC ACC anon-refundable review fee in the amount of two hundred fifty and 00/100ths Dollars ($250.00) along with two (2) sets of plans and specifications showing at a minimum: (a) The size and dimension of the proposed and existing (if applicable) improvements; (b) The proposed and existing (if applicable) exterior design; (c) The proposed exterior color scheme; (d) The exact location of the proposed and existing (if applicable) improvement on the Lot; (e) The exact location of proposed and existing (if applicable) driveways and parking areas; (f) The proposed and existing (if applicable) scheme for surface water drainage and grading; (g) The proposed and existing (if applicable) landscaping plan; (h) The proposed and existing (if applicable) outdoor lighting plan; and (i) The materials to be used in proposed construction. Approval or disapproval of such plans and specifications shall be evidenced by written notation on such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be taken. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The ACC shall issue its decision within thirty (30) business days from the date the completed plans and specifications satisfying and complying with all of the foregoing stated elements are received by the ACC. Section 9.4 Criteria for Approval. Approval of plans and specifications will be withheld or conditioned if the proposed action is at variance with any part of this Declaration including without limitation the covenants, other covenants covering the Property, or design guidelines adopted by the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the community because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, landscaping plan, or for any other reasonable objection supported by the information reviewed and considered by the ACC. Section 9.5 Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that the improvement was completed in accordance with the plans as submitted and approved. Such determination must be made within sixty (60) days of the completion of the improvement. If the ACC shall determine that the improvement does not comply with the plans and specifications as approved, it shall notify the Owner within that sixty (60) day period. If the Owner is so notified, that Owner shall within such time as the ACC shall specify, but not less than thirty (30) days either; (a) Remove or alter the improvement; or I IIII 3779883 III Page: 17 of III 3 III 4 IIII IIII IIII III IIII IIII III IIII IIII IIII ,m III ,ZB MOUNTAIN SUNRISE DEVELO DEC ~z©©5 ©9.518 $65.00 Thurston Co. pia (b) Take such other steps as the ACC shall designate to bring the improvement into conformity. Section 9.6 Governmental Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of a Lot without the Owner first obtaining a building permit and any and all other necessary permits from all governmental entities having jurisdiction over the Property. ARTICLE X PERMITTED AND PROHIBITED USES Section 10.1 General. All Lots shall be used solely and exclusively for private single- family homes with appurtenant garages. A building site shall consist of not less than one (1) Lot as shown on the Development Plan. No Lot shall be divided except with the permission of the ACC and the City of Yelm. The boundary between two Lots may be adjusted pursuant to a boundary line adjustment authorized by RCW 59.17.040(6). Any building or structure to be erected, constructed or maintained shall be commensurate in quality with the other homes in the Plat. Section 10.2 Dwelling Quality and Size. Except as provided for in Section 10.2 above, no home shall be permitted on any Lot without the prior written approval of the Control Architect or ACC. It is the intention and purpose of these covenants to assure that all homes shall be of a quality of workmanship and material substantially the same or better than that which can be produced on the date these covenants are recorded for the minimum permitted dwelling size. All homes must have a minimum of 1,100 square feet of living space for single level homes and 1,300 square feet of living space for multi-level homes. Garages and unheated areas shall not be included in determining square footage. Section 10.3 Land Use and Building Types. All Lots subject this Declaration shall be used only for residential purposes. No structures of any kind shall be erected or permitted to remain on any Lot other than single family homes, garages, workshops, and structures normally accessory to such homes. No carports will be allowed and all garages must have doors. All dwellings shall be "stick- built." Mobile homes, manufactured housing, and modular homes are specifically not permitted. At a minimum, atwo-car garage is required. A three-car garage may be permitted. Where it is architecturally possible, the garage shall be incorporated in or made a part of the dwelling. No detached garages shall be permitted except with the express approval of the ACC. If a detached garage is permitted, it may incorporate an "accessory dwelling unit" above the garage; provided that it is approved by all government entities having jurisdiction over the Property. On-site parking provisions for no less than two (2) automobiles shall be provided in addition to garage automobile storage. Section 10.4 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the less restrictive of: (a) The building setback line; or (b) The front facade of the primary residence, excluding the garage. Notwithstanding the foregoing, nothing shall prevent: (i) The erection of a necessary retaining wall (the top of which does not extend more than two (2) feet above the finished grade at the back of said wall); and III 3779883 IIII Fa e IIII 9 18 IIIII of IIII 34 III III III IIII IIII III IIII IIII M IIII 1 OUN III ©, 2 THIN SUNRISE DEVELO DEC 8/20D5 09:51A $65.00 Thurston Co. Wa (ii) Fences closer to the front boundary of a Lot than otherwise allowed for in this Section, provided that they are approved in advance and in writing by the ACC. The ACC shall not approve fences that are not constructed in accordance with the design guidelines attached as Exhibit "F", which are incorporated and made a part hereof by this reference. Section 10.5 Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the finish elevation of the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the right of way lines and a line connecting them at points twenty-five (25) feet from the intersection of the right of way lines, or, in the case of a rounded Lot corner, from the intersection of the right of way lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street-side property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines. Section 10.6 Temporary Structures. No pre-existing building or structure shall be moved onto any portion of the Property. No trailers or manufactured housing shall be maintained on any Lot as a residence. No building of any kind shall be erected or maintained on a Lot prior to the erection of either a detached or attached single family dwelling thereon, except that a garage or other small building or permanent structure may be erected for the storing of tools and other articles but shall not be used for residence purposes. Nothing in this Section shall prevent the temporary use of a construction shack and/or trailer during the construction of any approved dwelling and/or during the development of the Property by Declarant. Section 10.7 Construction. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including siding on the front of the structure and also including finish painting, within six (6) months from the date of commencement of construction. Except with the advanced written approval of the ACC, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Control Architect or ACC have been fully completed to the reasonable satisfaction of the ACC. Section 10.8 Setbacks. No building shall be located on any Lot nearer to the front Lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Plat and/or as shown on the recorded Plat. Section 10.9 Exterior Lighting. Exterior lighting of any sort that would be visible from any street or from any other Lot shall not be installed without first obtaining advanced written approval of the ACC. Section 10.10 Roofs. Roofing materials shall be 3-tab composition roofing with a minimum life span of 20 years, subject to the condition that the ACC, in its sole discretion and upon request, may permit substitution of other roofing materials. Section 10.11 Driveways. All driveways, including any access to the rear yard of any residence, shall be of a hard surface construction of concrete. Section 10.12 Exterior Finish. The front elevation of each home shall be finished with cedar, brick, vinyl lap or bevel lap siding. Panel siding, "T-1-11" or the equivalent is specifically not permitted on the front elevation. All colors and any other type material shall be approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrapped. ~IINI~N~V~I~I~~~NI~~I~I~N ~m~"q a:.~a Section 10.13 Building Materials. All improvements constructed on any Lot shall be built of new materials, with the exception of "decor" items such as used brick and similar items. The ACC will determine if a used material is a "decor" item. In making this determination, the ACC will consider whether the material harmonizes with the aesthetic character of the other residences and whether the material would add to the attractive development of the Plat. Section 10.14 Garbage and Refuse Disposal. No garbage, 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. Section 10.15 Storage and Placement of Building Materials. No building material of any kind shall be placed or stored upon any portion of the Property in the Plat until the Owner is ready to commence construction; then such material shall be placed only within the boundary of the Lot upon which structures are to be erected and shall not be placed in the street or on any Common Area. Section 10.16 Nuisances. No noxious or undesirable thing or noxious or undesirable use of the Property shall be permitted or maintained whatsoever. The ACC's determination shall be conclusive with respect to any undesirable or noxious: (a) Object; and/or (b) Use of the Property. The ACC may recommend and the Board may direct that steps be taken as are reasonably necessary, including institution of a legal action of the imposition of fines to abate any activity, remove anything or terminate any use which is determined by the ACC or described in this Declaration to constitute a nuisance. Section 10.17 Ste. No sign of any kind shall be placed on the Property, except: (a) Signs identifying the Owner and address of the Lot; or (b) Signs designating a Lot or residence for sale or rent. No such signs shall be of a size greater than two feet (2') square (e.g. four square feet) and shall not be of a nature offensive or obnoxious to Owners within the Plat. No business signs, advertising signs or signs in any way relating to occupation or profession shall be allowed. None of the foregoing provisions shall apply to signs placed upon the Property by the Declarant during the initial development of the Plat. Section 10.18 Oil and Mining Operations. Oil drilling or oil development operations, refining, mining operations of any kind or the operation of quarries, gravel and sand pit, solid removing or topsoil stripping shall not be permitted on any of the Lots. No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot. Section 10.19 Individual Water Systems. No individual water supply systems shall be permitted on any Lot. Section 10.20 Clotheslines. No outdoor clotheslines shall be located on any Lot. Section 10.21 Fuel Tanks. No fuel tank shall be maintained above ground on any Lot, unless screened from view in a manner satisfactory to the ACC as evidenced by a written advanced approval. No underground fuel tanks shall be placed, buried or maintained on the Property. III IIIIII III IIIIIII II IIII PO 28182©0 09:5 A IIIIII IIIII IIIIII IIIII IIII III MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. Section 10.22 Excavation. Except with the advanced written approval of the ACC, or except as may be necessary in connection with the construction of any improvement, no excavation shall be made on nor shall any dirt be removed from any Lot. Section 10.23 Animals. No animals, livestock or poultry of any kind, other than household pets, shall be kept or maintained on any part of the Property. Dogs and cats, not to exceed a total of two (2), may be kept on any Lot, provided that they are not kept, bred or maintained for any commercial use or purpose. No reptiles shall be kept upon the premises. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Animals shall not be allowed to roam loose outside the boundaries of the Lot upon which they are kept. Section 10.24 Cutting of Trees. Except as provided in Section 9.2 above, no cutting of trees on the Property shall be permitted without the advanced written approval of the ACC. Section 10.25 Natural Drainage. The Owner of any Lot shall not take any action which would interfere with surface water drainage across that Lot either through natural drainage or drainage easements. Except with the advanced written approval of the ACC, the natural drainage course over any Lot shall not be changed. Section 10.26 Vehicle Parking. No vehicle may be parked on any building Lot, except on designated and approved driveways or parking areas, which areas shall be hard-surfaced. Not withstanding the foregoing, no vehicle may be parked within the area designated on the face of the Plat as a "shared driveway." Any hard surfaces shall be constructed only in accordance with the site plan approved in writing in advance by the ACC. Only the cars of temporary guests and visitors may be parked on the public streets. All other vehicles shall be parked in garages or on designated and approved driveways or parking areas located entirely on a Lot. Section 10.27 Inoperable Vehicles. No inoperable vehicles, motorcycles or other motorized apparatus shall be stored on the Lots, the Common Areas, the streets or anywhere within the Plat. If an Owner refuses to remove an inoperable vehicle, the ACC shall have the power to remove the vehicle at the Owner's expense at anytime 24-hours after the posting of an intent to tow notice conspicuously on the vehicle. Section 10.28 Recreational Vehicle Prohibition. Except with the advanced written approval of the ACC, Owners at no time shall keep or permit to be kept on their Lot any house trailer, unattached camper, recreational vehicle ("RV"), boat or boat trailer, unless the same is housed within a garage or located in the rear yard and suitably screened from view from the street and adjacent Lot(s) using a solid board fence at least six (6) feet in height the design of which has been approved by the ACC in advance of the commencement of its construction. Section 10.29 Recreational Vehicle Limited Exception. Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle may secure written permission from the ACC for guests to park a vehicle upon the Lot or the public street for a time not to exceed seventy two (72) hours in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the ACC, or its authorized representative. An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway or other unscreened area for twenty-four (24) hours for the purpose of preparing for departure or upon return to facilitate preparation and return from travel. Section 10.30 Repair of Vehicles or Equipment. No repair or dismantling of any automobile, motorcycle, other vehicle or equipment shall be permitted on the Property; except within enclosed garage which are kept closed. No mechanical repairs shall be conducted upon the premises; i IIIIII VIII IIII Pag 9883 of 34 IIIIIIIIIIIIIII II IIIIII III 10!28/ IIIIIIIiII z©05 ©9. III 51 A MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. except minor maintenance and mechanical work by an Owner on said Owner's private vehicle; provided that any such conduct be in a manner which is not offensive to persons residing in the Plat, is not unsightly, does not result in unusual noise or debris being placed upon the Property and is in keeping with afirst-class residential community. Section 10.31 Utility Lines; Radio and Television Antennas and Dishes. All electrical service, telephone lines and other outdoor utility lines shall be placed underground. No exposed or exterior radio or television transmission or receiving antennas or dishes shall be erected, placed, or maintained on any part of a Lot if they are visible from any street unless it is approved in advance in writing by the ACC prior to installation or construction. Any waiver of these restrictions shall not constitute a waiver as to other Lots or lines, antennas or dishes. Section 10.32 Firearms and Fireworks. No firearms or fireworks of any kind shall be discharged within the Plat. Section 10.33 Dirt Bikes and/or ATVs. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATVs, etc., shall be permitted on any road within the Plat, nor shall dirt bikes or ATVs be permitted to operate on any Lot within the Plat. ARTICLE XI INSURANCE REQUIREMENTS The Association shall continuously maintain in effect such casualty, flood and liability insurance and/or fidelity bonds needed to meet the insurance and fidelity bond requirements, if any, for a planned unit development project established by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot within the project, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association. ARTICLE XII DAMAGE OR DESTRUCTION Section 12.1 In the event of damage or destruction to all or part of the Common Areas, the insurance proceeds, if sufficient, shall be applied to repair, reconstruct or rebuild the damaged and/or destroyed Common Areas in accordance with the original plans. Such repair, reconstruction or rebuilding shall be arranged for promptly by the Board. Section 12.2 If the insurance proceeds are insufficient to pay for the cost to repair the Common Areas, the Board shall promptly, but in no event later than ninety (90) days after the date of damage or destruction, give notice to and conduct a special meeting of the Owners to review the proposed repairs, replacement, and reconstruction, as well as the projected cost of such repairs, replacement or reconstruction. The Owners shall be deemed to have approved the proposed repairs, replacement, and reconstruction as proposed by the Board at that meeting, unless the Owners decide by an affirmative vote of fifty-one percent (51%) of the total votes cast at such meeting (provided a quorum exists), to repair, replace, or reconstruct any portion of the Common Areas in accordance with the original plan in a different manner than that proposed by the Board. In any case, however, use of hazard insurance proceeds for other than repair, replacement, or reconstruction of any portion of the Common Areas in accordance with the original plans shall not be permitted without the prior written approval of at least sixty-seven percent (67%) of the First Mortgagees (based on one (1) vote for each First Mortgage owned) or Owners (if there is no First Mortgage on that Lot) of the Lots. 19 3779883 IIII P©2 8.12©D5 ~ 5~A Ilil IIII III III IIII IIII II IIII IIIII 111111 IIII a. III W II o. III C MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston ARTICLE XIII CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any balance remaining shall be retained by the Association. In the highly unlikely event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall remain in the Association as additional working capital. No proceeds received by the Association as the result of any condemnation shall be distributed to any Owner or to any other party in derogation of the rights of the First Mortgagee of any Lot. ARTICLE XIV MORTGAGEES' PROTECTION Section 14.1 As used in this Declaration: (a) "mortgagee" includes the beneficiary of a deed of trust, a secured party, or other holder of a security interest; (b) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (c) "institutional holder" means a mortgagee which is a bank or savings and loan association or established Mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 14.2 The prior written approval of at least seventy-five (75) percent of the First Mortgagees (based on one vote for each first Mortgage owned) of the individual Lots shall be required for each of the following: (a) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Association, including, but not limited to, any amendment which would change the ownership interests of the Owners in the Plat, change the pro rata interest or obligation of any individual Owner for the purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards; (b) The effectuation of any decision by the Association to terminate professional management and assume self-management (however this shall not be deemed or construed to require professional management); (c) Partitioning or subdividing any Lot; (d) Any act or omission seeking to abandon, partition, subdivide, encumber, sell or transfer any portion of the Common Areas; provided, however, that the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas shall not be deemed a transfer within the meaning of this clause; (e) Any act or omission seeking to change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of buildings and other improvements, the maintenance of common areas, landscaping, perimeter fencing, or to the upkeep of lawns and plantings on the Property; (f) Any act or omission whereby the Association fails to maintain fire and extended coverage on insurable Common Areas or commonly owned property on a current replacement cost basis in an amount not less than one-hundred percent (100%) of the insurable value (based on current replacement costs); and (g) Use of hazard insurance proceeds for losses to any common property for other than the repair, replacement or reconstruction of such damaged or destroyed Common Areas. 20 3779883 IIIIIII II IIII F©2 8•/205 9:54A II IIIIII III IIIIIIIIIIiII IIIIIilllll 111111 MOUNTAIN SUNRISE DEYELO DEC $65.00 Thurston Co. Wa. Section 14.3 Each First Mortgagee (as well as each Owner) shall be entitled to timely written notice of: (a) Any significant damage or destruction to the Common Areas; (b) Any condemnation or eminent domain proceeding effecting the Common Areas; (c) Any default under this Declaration or the Articles of Incorporation or Bylaws which gives rise to a course of action against the Owner of a Lot subject to the mortgage of such institutional holder or insurer, where the default has not been cured in thirty (30) days; and (d) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. Section 14.4 Each First Mortgagee shall be entitled, upon request, to: (a) Inspect the books and records of the Association during normal business hours; (b) Require the preparation of, at its sole expense, and, if preparation is so required, receive an annual audited financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year; and (c) Receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. Section 14.5 First Mortgagees of any Lot may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Areas, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Areas, and the First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE XV GENERAL PROVISIONS Section 15.1 Bindin Effect. All present and future Owners and/or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time. The acceptance of a deed or conveyance and/or the entering into occupancy of any Lot shall constitute an agreement that the provisions of this Declaration, the Articles of Incorporation, the Bylaws, and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to the covenants running with the land and shall bind any person having at any time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed, conveyance, rental agreement or lease thereof. Section 15.2 Enforcement. The Declarant, Association and any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Declarant, Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the party found to be: I IIIIII I Pag 9824 of 34 IIII IIII II VIII I Ililllll IIIIIIII II VIII 10/28/ VIII 2©0 III 5 ©9 51q MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. (a) In violation of said condition, covenant, reservation, restriction or any provision of this Declaration; or (b) Delinquent in the payment of said lien or charge. Section 15.3 Failure to Enforce. No delay or omission on the part of the Declarant, Association or the Owners of Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver of or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarant for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which maybe unenforceable. Section 15.4 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provision included in this Declaration which shall remain in full force and effect. Section 15.5 Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, limited liability companies, corporations, associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Property by providing a common plan for the development of the Plat. Section 15.6 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended at any time by a vote of seventy-five percent (75%) of the Members subject to the limitations set forth in this Declaration (e.g., Sections 15.7 and 15.8, etc.). Any amendment must be in writing, signed by the approving Members or Owners, and prior to its effectiveness, must be recorded with the Thurston County Auditor's office. Section 15.7 Power of Declarant to Amend to Meet Financing Requirements. Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of any Owner, at any time prior to the time it has sold and closed seventy-five (75%) percent of the Lots, amend this Declaration by an instrument signed by Declarant alone in order to satisfy the requirements of the Federal Mortgage Agencies. Section 15.8 Certain Rights of Declarant. For such time as Declarant shall own Lots there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: (a) Discriminate or tend to discriminate against the Declarant's rights as an Owner. (b) Change Article I ("Definitions") in a manner that alters Declarant's rights or status. (c) Alter the character and rights of membership or the rights of Declarant as set forth in Article IV. (d) Alter previously recorded or written agreements with public or quasi-public agencies regarding Mountain Sunrise at Yelm. 3779883 IIIIIIIIIIIIII 1P028./2©~ 9~5R IIIIIIIIIIIIIIIIII III (IIII IIIIII VIII III MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Ca. Wa (e) Alter Article VII, Sections 7.4, 7.5, 7.6 or 7.7; (f) Alter its rights as set forth in Articles VIII and IX relating to architectural controls. (g) Alter the basis for Assessments. (h) Alter the provisions of the use restrictions as set forth in Article X. (i) Alter the number or selection of Directors as established in the Bylaws. (j) Alter the Declarant's rights as they appear under this Article. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this ~~ day offC~t,~005. ~,,.. MOUNTAIN SUNRISE DEVELOPMENT, LLC. a Washington limited liability company By: ~- --"'Date: October ~, 2005 Robert .Coyne, Jr., Member By; ~ Date: October ~, 2005 Robert enum, Member ~i3i9222 ~io> 23 ~~~~~~ ~~~~~ ~~~~~~ ~~~~~ ~~~~ ~~~ 3779883 (~~ ~~~~~~ ~~~ ~~~~~~~ ~~ ~ P©2 812005 09:5 R III MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. STATE OF WASHINGTON ) -ss COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that Robert L. Coyne, Jr. is the person who appeared before me, and said person acknowledged that he signed this instrument as a Member of Mountain Sunrise Development, LLC., a Washington limited liability company and acknowledged it to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in this instrument. Dated: October ~, 2005 Notary Stamp `~~t/~y.,_ ~ 'f ~S ¢ ~ :' MOty ~ r ~ ~~ ~• _ ~A~,e~~t~K- t ntin~.uNrti STATE OF WASHINGTON t f/~ ., Type/P ' ame ` Notary Public in and for the state of Washington My appointment expires: .:,~ ",`j ~ G~~' -ss COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that Robert E. Benum is the person who appeared before me, and said person acknowledged that he signed this instrument as a Member of Mountain Sunrise Development, LLC., a Washington limited liability company and acknowledged it to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in this instrument. Dated: October ~, 2005 Notary Stamp ~,.~ ys - ~.~ ~~'+ ~~ Type/Prin ame , Notary Public in and for the state of Washington ~~~' = My appointment expires: v7' ~J _G I ~t•._.S "~~Kr s [ 1319222 v 10) 24 VIII) VIII IIIIII Pa9 9883 of 34 IIIIIIIIIIIIIIIIII ©/28!2005 ©9:518 IIIIIIIIIIIIIIIIIII MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. Exhibit List Exhibit "A-1 " Legal Description for all of Mountain Sunrise at Yelm Exhibit "A-2" Development Plan for all of Mountain Sunrise at Yelm Exhibit "B-1 " Legal Description for Mountain Sunrise at Yelm, Phase 1 Exhibit "B-2" Phase 1 Development Plan for Mountain Sunrise at Yelm, Phase 1 Exhibit "C" Legal Description of Common Areas Exhibit "D" Fence Design Guidelines IIIIII 3779883 III IIIIII III IIIIIII P02 8/2005 9:5 R IIIIIIIIIIIIIIIIIII illlilllil MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. EXHIBIT "A-1 " LEGAL DESCRIPTION FOR ALL OF MOUNTAIN SUNRISE AT YELM DESCRIPTION: Parcel A: That part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 17 North, Range 2 East, W.M., lying Southerly of the 100-foot wide Centralia Power Canal and lying Northwesterly of the Burlington Northern right-of-way. Excepting therefrom the West 30 feet for county road known as Wilkenson Road. Parcel B: Lot 1 in Block 12 of McKenna Irrigated Tracts, as recorded in Volume 9 of Plats at Page 43, in Thurston County, Washington. APN: 64301200100 _ APN: 22717330100 Firsl American Tit/e [1319222 v10) 26 3779883 III 1111111 II IIII P0g 8.l2~© 9:5 A IIIIIIIIIIIIIIIIII 111111 IIIII 111111 III - MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa EXHIBIT "A-2" DEVELOPMENT PLAN FOR ALL OF MOUNTAIN SUNRISE AT YELM LOTS 1-54, PHASE I AND TRACT "B" ENCOMPASSING PHASES II & III AS NOTED ON THE PLAT RECORDED UNDER AUDITOR'S FEE NUMBER ~ 7 ~ l~ IIIIII VIII IIIIII Pag 9880 of 34 IIIIIIIIIII IIII IIIIII III 1©t 28, IIII IIIIII 2005 09.51 III R MOUNTRIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. EXHIBIT `B-1" LEGAL DESCRIPTION FOR PHASE 1 OF MOUNTAIN SUNRISE AT YELM LOTS 1 THROUGH 54, INCLUSIVE; AND TRACTS A AND C OF THE PLAT OF MOUNTAIN SUNRISE AT YELM AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 3 ~] ~] Q'~ l SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII P© ze80o g:s A MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Ca. Wa EXHIBIT "B-2" PHASE 1 DEVELOPMENT PLAN FOR MOUNTAIN SUNRISE AT YELM LOTS 1-54, INCLUSIVE AS RECORDED UNDER AUDITOR'S FEE NUMBER 37~ ~ ~~~ .IIIIII VIII IIIIII VIII IIII VIII) IIIIII III VIII IIII IIII P0/28l82©5 9 5 R MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa EXHIBIT "C" LEGAL DESCRIPTION FOR COMMON AREA TRACTS TO BE OWNED AND MAINTAINED BY THE MOUNTAIN SUNRISE AT YELM OWNERS ASSOCIATION TRACTS A, AND C OF THE PLAT OF MOUNTAIN SUNRQISE AT YELM, PHASE 1, AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 3 ~ ~ ~ D g Situate in the County of Thurston, State of Washington. 13779883 IIII IIII III P028l2~5 95R IIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIII illlli MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. EXHIBIT "D" Fence Design Guidelines -- 2" X 4" Cedar Cedar or Treated 2" X 6" Beveled Caps '~;, / ~_ ~?' '+ ~" , ~~ t ~~ ~~'~ ~ ~ `'' I ~' Concrete 1" X 6" Cedar Boards 4" X 4" Treated Post 2" X 4" Cedar VIII IIIIII III VIII IIII IIII FD 281820 5 9:5 R IIIIII VIII IIIIII VIII IIII MOUNTAIN SUNRISE DEVELO DEC $65.00 Thurston Co. Wa. .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater facilities Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Plat of Mountain Sunrise 2. Mountain Sunrise LLC 3. Coyne, Robert L 4. Benum, Robert E Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the SW '/4 of S17 and a replat of Lot 1, block 12, Mckenna Irrigated tracts lying within the NW '/4 of the NW '/4 of S 20, all in Township 17N, Range 2E, Thurston County Assessor's Property Tax ParceUAccount Number: 64301200100 & 22717330100 IIII 3779886 IIII Page : 1 of 22 IIII IIIIII IIIII IIII IIIII IIII IIII IIII IIIII 1 IIII ©,z II 8, MOUNTAIN SUNRISE DEVELO AGR ZDD5 09 51R $53.00 Thurston Co. Wa AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN Mountain Sunrise Development, LLC ITS HEIRS, SUCCESSORS OR ASSIGNS (HEREINAFTER "Owner") AND THE CITY OF YELM (HEREINAFTER "Jurisdiction") The upkeep and maintenance of stormwater facilities 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 onsite stormwater facilities. LEGAL DESCRIPTION: See Exhibit A. Whereas, Owner has constructed improvements, including but not limited to, homes, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction to ensure the protection and enhancement of Jurisdiction's water resources, the Jurisdiction and Owner hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment «A „ THE JURISDICTION SHALL: (1) Provide technical assistance to Owner in support of its operation and maintenance activities conducted pursuant to its maintenance program. Said assistance shall be provided upon request, and as Jurisdiction time and resources permit, at no charge to Owner. (2) Conduct a minimum of one (1) site visit per year to discuss performance and problems with Owner. (3) Review this agreement with Owner and modify it as necessary at least once every three (3) years. 3779886 II IIII IIII PD 2 8.! 2005 ©9?51 A VIII III III IIIIIIIIII (IIIIIIIIII IIIIIIIIII II __....~,.... ~~ i.~nrcr nrvri n or_v R53 00 Thurston Co . WF REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facility existing on the Owner 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 stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the Owner bill if required maintenance is not performed. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. All other Owner responsibilities remain in effect. (3) The owner grants unrestricted authority to the Jurisdiction for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. (5) 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 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 bene fall citizens he risdiction. ~~ Owne ~~~~ ~/ I I I I I I I I I I I I I I I I I I I I I I IIII I I I I I I I I I I I I I I 3779886 VIII IIII IIII FD 2 8! 2005 09?51 R MOUNTAIN SUNRISE DEYELO AGR $53.00 Thurston Co. Wa. STATE OF WASHINGTON ) ss COUNTY OF ) On this day and year above personally appeared before me, iX and --' known to be the individual(s) described, and who e cuted the foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. IIIIIIIIIII Given ~1~~~~~d of ~C'~'~' '••~- ~~' NOTARY ~ ~:, PUBLIC.: ~i_ Aw~.l .,~ Dated a Ia :facial seal this ~~~' day of , 200 Notary Public in and for the State of Washin ton, residing in Washington, this f O1-h day of V ~ , 205. la~lec~a ~r~. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, and known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this day of 20 Notary Public in and for the State of Washington, residing in APPROVED AS TO FORM: ,~11/1//~1ry~i ,.`~ ~vo~vE •••. w • . ~10TARy ~ ~ s I ~ ~" ~ r i • :. c~=.,PUBLIC;. ~ . ~, ,: 3779886 '.,~ - ~ w `,~,~` IIIIII VIII IIIIII VIII I Page : 4 of 22 ~~IIIf/1111~1 IIIIIIIIIIIIIIIIII 10!28/2005 09 51A IIIIIIIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. EXHIBIT A LEGAL DESCRIPTION PARCEL A: TAX PARCEL #22717330100 THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 17, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M. LYING SOUTHERLY OF THE 100 FOOT WIDE CENTRALIA POWER CANAL AND LYING NORTHWESTERLY OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY. EXCEPTING THEREFROM THE WEST 30 FEET FOR COUNTY ROAD KNOWN AS WILKENSEN ROAD. PARCEL B: TAX PARCEL #643001200100 LOT 1, BLOCK 12, MCKENNA IRRIGATED TRACTS, AS RECORDED IN VOLUME 9 OF PLATS, PAGE 43. IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. 3779886 III IIII IIII P02 8./205 09?51R IIIIIIIIIIIII IIIIIIIIilllllll IIIIIIIIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. ATTACHMENT "A" Inspection Period: MAINTENANCE PROGRAM COVER SHEET FOR CITY OF YELM Number of Sheets Attached: Date Inspected: Name of Inspector Inspector's Signature: 3779886 IIIIIIIII P028./2~05 09?51R I III IIII IIIIIIIIIII IIIIIIIII IIIIIIIII IIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) # 1 -Maintenance Checklist for Detention Ponds Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M, S General Trash & Any trash and debris which Trash and debris cleared Debris exceed 5 cubic feet per from the site. 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. A General Poisonous Any poisonous or nuisance No danger of poisonous Vegetation vegetation which may vegetation where and noxious constitute a hazard to maintenance personnel or weeds maintenance personnel or the public might normally the public. Any evidence of be. (Coordinate with local noxious weeds as defined health department). by State or local Complete eradication of regulations. (Apply noxious weeds may not be requirements of adopted possible. Compliance with IPM policies for the use of State or local eradication herbicides). olicies re uired. M,S General Contaminants Any evidence of oil, No contaminants or and Pollution gasoline, contaminants or pollutants present. other pollutants (Coordinate removal/cleanup with local water quality response a enc ). M General Rodent holes Any evidence of rodent Rodents destroyed and dam holes if facility is acting as or berm repaired. a dam or berm, or any Coordinate with local evidence of water piping health department; through dam or berm via coordinate with Ecology rodent holes. Dam Safety Office if pond exceeds 10 acre-feet). M General Beaver Dams Dam results in change of Facility is returned to function of the facility design function. (Coordinate trapping of beavers and removal of dams with appropriate ermittin a encies . A General Insects When insects such as wasps Insects destroyed or and hornets interefere with removed from site. Apply maintenance activities. insecticides in compliance with ado ted IPM olicies. A General Tree Growth Tree growth does not allow Trees do not hinder and Hazard maintenance access or maintenance activities. Trees interferes with maintenance Selectively cultivate trees 3779886 I VIII IIII IIII P02 8./20©5 ©9?51R IIIIIIIIIIIIII Iillllillll IIIIIIIIIilllll MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature activity (i.e., slope mowing, such as alders for firewood. silt removal, vactoring, or equipment movements). If trees are not interfering with access or maintenance, do not remove. A General If dead, diseased, or dying Remove hazard Trees trees are identified (use a certified Arborist to determine health of tree or removal re uirements . M Side Slopes Erosion Eroded damage over 2 Slopes should be stabilized of Pond inches deep and where using appropriate erosion cause of damage is still control measure(s): e.g., present or where there is rock reinforcement, potential for continued planting of grass, erosion. com action. M, S Side of Any erosion observed on a If erosion is occurring on Slopes of compacted berm compacted berms a Pond embankment. licensed civil engineer should be consulted to resolve source of erosion. M Storage Sediment Accumulated sediment that Sediment cleaned out to area exceeds 10% of the designed pond shape and designed pond depth unless depth; pond reseeded if otherwise specified or necessary to control affects inletting or erosion. outletting condition of the facili M Storage Liner (if Liner is visible and has Liner repaired or replaced. Area Applicable) more than three'/a-inch Liner is fully covered. holes in it. A Pond Berms Settlements Any part of berm which has Dike is built back to the (Dikes) settled 4 inches lower than design elevation. the design elevation. If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. A Emergency Tree Growth Tree growth on emergency Trees should be removed. Overflow/ spillways creates blockage If root system is small Spillway problems and may cause (base less than 4 inches) failure of the berm due to the root system may be left uncontrolled overtopping. in place. Otherwise the roots should be removed and the berm restored. A licensed civil engineer should be consulted for IIIIII III Pag 988Eof 22 IIIIIII IIIIIII IIIIIII IIIIIiII III IIIII 110!281: IIIIIII 2005 09.518 MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature proper beret/ spillway restoration. A Emergency Emergency Only one layer of rock Rocks and pad depth are Overflow/ Overflow/ exists above native soil in restored to design Spillway Spillway area five square feet or standards. larger, or any exposure of native soil at the top of out flow path of spillway. (Rip-rap on inside slopes need not be re laced). If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). IIII 3779886 IIIIII III VIII IIII PO g 8.12005 09?51 A (IIII VIII IIII IIIIII IIIIIIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) #2 -Maintenance Checklist for Infiltration Facilities Date Frequency Drainage Systems / / / / Problem Conditions To Check For Conditions That Shall Exist Feature M, S General Trash & Debris Any trash and debris which Trash and debris cleared exceed 5 cubic feet per from the site. 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. A General Poisonous Any poisonous or nuisance No danger of poisonous Vegetation and vegetation which may vegetation where noxious weeds constitute a hazard to maintenance personnel or maintenance personnel or the public might normally the public. Any evidence be. (Coordinate with local of noxious weeds as health department). defined by State or local Complete eradication of regulations. (Apply noxious weeds may not be requirements of adopted possible. Compliance with IPM policies for the use of State or local eradication herbicides . olicies re uired. M, S General Contaminants Any evidence of oil, No contaminants or and Pollution gasoline, contaminants or pollutants present. other pollutants (Coordinate removal/cleanup with local water quality response a enc ). M General Rodent holes Any evidence of rodent Rodents destroyed and dam holes if facility is acting as or berm repaired. a dam or berm, or any Coordinate with local evidence of water piping health department; through dam or berm via coordinate with Ecology rodent holes. Dam Safety Office if pond exceeds 10 acre-feet . M General Beaver Dams Dam results in change of Facility is returned to function of the facility design function. (Coordinate trapping of beavers and removal of dams with appropriate ermittin a encies . A General Insects When insects such as Insects destroyed or wasps and hornets removed from site. Apply interefere with insecticides in compliance maintenance activities. with ado ted IPM olicies. M Storage Sediment Water ponding in Sediment is removed area infiltration pond after and/or facility is cleaned so rainfall ceases and that infiltration system 3779886 I III IIII PO 2 81200 9 51 R Ililllll 1111111 IIIIIIII IIIIIIilllll Illilllllll MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Frequency Drainage Systems / / / / Problem Conditions To Check For Conditions That Shall Exist Feature appropriate time allowed works according to design. for infiltration. (A percolation test pit or test of facility indicates facility is only working at 90% of its designed capabilities. If two inches or more sediment is present, remove). M Filter Bags Filled with A soil texture test indicates Additional volume is added (if Sediment and facility is not working at its through excavation to applicable) Debris designed capabilities or provide needed storage. was incorrectly designed. Soil is aerated and rototilled to improve drainange. Contact the County for information on its requirements regarding excavation. M,S Rock filters Sediment and By visual inspection little Gravel in rock filter is Debris or no water flows through replaced. filter during heavy rain storms. M Side Slopes Erosion Eroded damage over 2 Slopes should be stabilized of Pond inches deep and where using appropriate erosion cause of damage is still control measure(s): e.g., present or where there is rock reinforcement, potential for continued planting of grass, erosion. com action. A Pond Berms Settlements Any part of berm which Dike is built back to the (Dikes) has settled 4 inches lower design elevation. than the design elevation. If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. A Pond Berms Piping Discernable water flow Piping eliminated. Erosion (Dikes) through pond berm. potential resolved. Ongoing erosion with potential for erosion to continue. (Recommend a Geotechnical engineer to be called in to inspect and evaluate condition and recommend repair of condition. A Emergency Tree Growth Tree growth on emergency Trees should be removed. Overflow/ spillways creates blockage If root system is small S illway roblems and ma cause (base less than 4 inches) IIIIII VIII IIIIII VIII IIII IIIIII IIIIII III IIIIII III I PD>2B18206 9 5 A III MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Frequency Drainage Systems / / / / Problem Conditions To Check For Conditions That Shall Exist Feature t d b the root system may be left ue o erm failure of the uncontrolled overtopping. in place. Otherwise the roots should be removed and the berm restored. A licensed civil engineer should be consulted for proper beret/ spillway restoration. k f Rocks and pad depth are A Emergency Overflow/ Spillway Emergency Overflow/ Spillway roc Only one layer o exists above native soil in area five square feet or larger, or any exposure of restored to design standards. native soil at the top of out flow path of spillway. (Rip-rap on inside slopes need not be re laced). t di d " Sediment is removed. M Pre-setting Ponds and Vaults Facility or sump filled with Sediment and/or debris men se or designe 6 trap depth of sediment If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). IIIIIIIIIIIIIIIII PO 28882 of 22 VIII IIII IIIIII IIIIII II / 2005 09:51 R IIIIIIIIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) #5 -Maintenance Checklist for Catch Basins Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature p General "Dump no Stencil or stamp should be Warning signs (e.g., "Dump pollutants" visible and easily read. No Waste-Drains to Stencil or stamp Stream") shall be painted or not visible embossed on or adjacent to all storm drain inlets. M S General Trash & Debris Trash or debris which is No trash or debris located , located immediately in immediately in front of front of the catch basin catch basin or on grate opening is blocking opening. inletting capacity of the basin b more than 10%. M General Trash & Debris Trash or debris (in the No trash or debris in the basin) that exceeds 60% of catch basin. the sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest i e. M General Trash & Debris Trash or debris in any inlet Inlet and outlet pipes free of or outlet pipe blocking trash or debris. more than 1/3 of its hei ht. M General Trash & Debris Dead animals or vegetation No dead animals or that could generate odors vegetation present within that could cause complaints the catch basin. or dangerous gases (e.g., methane). M General Sediment Sediment (in the basin) that No sediment in the catch exceeds 60 percent of the basin. sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest i e. p General Structure Top slab has holes larger Top slab is free of holes and Damage to than 2 square inches or cracks. Frame and/or cracks wider than '/< inch Top Slab (intent is to make sure no material is running into basin . p General Structure Frame not sitting flush on Frame is sitting flush on the Damage to top slab, i.e., separation of riser rings or top slab and Frame and/or more than'/<-inch of the firml attached. IIIIII VIII IIIIII II Pag 9886 of 22 IIIIIIIIIIIIIIIII 10/28/20©5 II III IIIIII III II 09.518 II MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature Top Slab frame from the top slab. Frame not secure. A General Fractures or Maintenance person judges Basin replaced or repaired to Cracks in Basin that structure is unsound. design standards. Walls/ Bottom. A General Fractures or Grout fillet has separated or Pipe is re-grouted and Cracks in Basin cracked wider than '/z inch secure at basin wall. Walls/ Bottom. and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin throu h cracks. p General Settlement/ If failure of basin has Basin replaced or repaired to Misalignment created a safety, function, design standards. or desi n roblem. M General Vegetation Vegetation growing across No vegetation blocking and blocking more than opening to basin 10% of the basin o enin . M General Vegetation Vegetation growing in No vegetation or root inletJoutlet pipe joints that growth present. are more than six inches tall and less than six inches a art. M General Contamination Evidence of oil, gasoline, No contaminants or and Pollution contaminants/other pollutants present. pollutants (coordinate removal/cleanup with local water quality response a enc ). A Catch Cover Not in Cover is missing or only Any open catch basin Basin Place partially in place requires maintenance. Cover Catch basin cover is closed. A Catch Locking Mechanism cannot be Mechanism opens with Basin Mechanism Not opened by one maintenance proper tools. Cover Working person with proper tools. Bolts into frame have less than '/z inch of thread. A Catch Cover Difficult One maintenance person Cover can be removed by Basin to Remove cannot remove lid after one maintenance person. Cover applying normal lifting pressure. (Intent is keep cover from sealing off access to maintenance). A Ladder Ladder Rungs Ladder is unsafe due to Ladder meets design Unsafe missing rungs, not securely standards and allows attached to basin wall, maintenance person safe misalignment, rust, cracks, access. or sha ed es. Grates Grate opening Grate with opening wider Grate opening meets design Unsafe than 7/8 inch. standards. M, S Grates Trash & Debris Trash and debris that is Grate free of trash and blocking more than 20% of debris. grate surface inletting ca aci IIII 3779886 IIIIIIIIIIIIIIII P©28/20 5 9:51A IIIIIIIIIIIII IIIIIIIIIIIIIII 111111 MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature A Grates Damaged or Grate missing or broken Grate is in place and meets Missing member(s) of the grate. design standards. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). IIIIIII III Page 885 of 22 IIIIIII IIIIIII IIIIII IIIIIII (IIIIIII IIIIIII ©/28/2 III ©©5 ©9 51R MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa, ATTACHMENT "A" (CONTINUED) #6 -Maintenance Checklist for Debris Barriers (e.g. Trash Racks) Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M, S General Trash & Trash or debris that is plugging Barrier cleared to design Debris more than 20% of the openings flow capacity. in the barrier A General Damaged/ Bars are bend out of shape Bars in place with no bends Missing more than 3 inches. more than'/< inch. Bars. A General Damaged/ Bars are missing or entire Bars in place according to Missing barrier missing. design. Bars. A General Damaged/ Bars are loose and rust is Barrier replaced or repaired Missing causing 50% deterioration to to design standards. Bars. an art of barrier. A General Inlet/Outlet Debris barrier missing or not Barrier firmly attached to Pipe attached to pipe. pi e. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). II IIII 3779886 IIII IIIIII III IIIIII I F©g 8./20 9:5 R III IIIIII IIIII IIII II IIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) #7 -Maintenance Checklist for Energy Dissipators Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature External: M Rock Pad Missing or Only one layer of rock exists Replace rocks to design moved rock above native soil in area 5 standard. square feet or larger, or any ex osure of native soil. M Rock Pad Erosion Soil erosion in or adjacent to Rock pad replaced to rock ad. desi n standards. M Dispersion Pipe Plugged Accumulated sediment that Pipe cleaned/flushed so trench with Sediment exceeds 20% of the design that it matches design. de th. M, S Dispersion Not Discharging Visual evidence of water Trench redesigned so trench Water Properly discharging at concentrated that it matches design. points along trench (normal condition is a "sheet flow" of water along trench). Intent is to revent erosion dama e. M Dispersion Perforations Over '/z of perforations in Perforated pipe cleaned Trench Plugged pipe are plugged with debris or replaced. and sediment. M Dispersion Water Flows Maintenance person Facility rebuilt to trench Out Top of observes or receives credible standards. "Distributor" report of water flowing out Catch Basin during any storm less than the design storm or its causing or appears likely to cause dama e. M, S Dispersion Receiving Area Water in receiving area is No danger of landslides. trench Over-Saturated causing or has potential of causin landslide roblems. Internal: M Manhole/ Worn or Structure dissipating flow Structure replaced to Chamber Damaged Post, deteriorates to''/z of original design standards. Baffles, Side of size or any concentrated Chamber worn spot exceeding one square foot which would make structure unsound. M Manhole/ Trash & Debris Trash or debris (in the basin) No trash or debris in the Chamber that exceeds 60 percent of catch basin. the sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest i e. M Manhole/ Trash & Debris Trash or debris in any inlet Inlet and outlet pipes free Chamber or outlet pipe blocking more of trash or debris. than 1/3 of its hei ht. 3779886 I III IIII PO 2 8.! 205 09 5 R IIIlillil Ilillllll IIIIIIII IIIIIiIII IIIIII IIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M Manhole/ Trash & Debris Dead animals or vegetation No dead animals or Chamber that could generate odors vegetation present within that could cause complaints the catch basin. or dangerous gases (e.g., methane). M Manhole/ Sediment Sediment (in the basin) that No sediment in the catch Chamber exceeds 60 percent of the basin. sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest i e. A Manhole/ Structure Top slab has holes larger Top slab is free of holes Chamber Damage to than 2 square inches or and cracks. Frame and/or cracks wider than '/4 inch Top Slab (intent is to make sure no material is running into basin). A Manhole/ Structure Frame not sitting flush on Frame is sitting flush on Chamber Damage to top slab, i.e., separation of the riser rings or top slab Frame and/or more than 3/4 inch of the and firmly attached. Top Slab frame from the top slab. Frame not securel attached A Manhole/ Fractures or Maintenance person judges Basin replaced or Chamber Cracks in Basin that structure is unsound. repaired to design Walls/ Bottom. standards. A Manhole/ Fractures or Grout fillet has separated or Pipe is regrouted and Chamber Cracks in Basin cracked wider than''/2 inch secure at basin wall. Walls/ Bottom. and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin throu h cracks. A Manhole/ Settlement/ If failure of basin has created Basin replaced or Chamber Misalignment a safety, function, or design repaired to design roblem. standards. A Manhole/ Contamination Any evidence of oil, No contaminants or Chamber and Pollution gasoline, contaminants or pollutants present. other pollutants (coordinate removal/ cleanup with local water quality response a enc ). A Catch Cover Not in Cover is missing or only Open catchbasin requires Basin Place partially in place maintenance. Catch Cover basin cover is closed. A Catch Locking Mechanism cannot be Mechanism opens with Basin Mechanism Not opened by one maintenance proper tools. Cover Working person with proper tools. Bolts into frame have less than '/~ inch of thread. A Catch Cover Difficult One maintenance erson Cover can be removed by III IIII PO 28l82~05 9:5 R IIIIIIIIIIIIIII IIIIIIIIIIIIIIIII IIIIIIIIIIIIIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Ca. Wa. Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature Basin to Remove cannot remove lid after one maintenance person. Cover applying normal lifting pressure. (Intent is keep cover from sealing off access to maintenance). If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). III IIIIII III IIII PO 28!82©5 9~5?R II VIII IIIIII VIII IIII IIIIII IIIIII IIII MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Ca. Wa. ATTACHMENT "A" (CONTINUED) #19 -Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M General Missing or broken Any defect in the fence or Fence is mended or shrubs parts/dead shrubbery screen that permits easy entry replaced to form a solid to a facili barrier to ent M,S General Erosion Erosion has resulted in an Replace soil under fence opening under a fence that so that no opening exceeds allows ent b eo le or ets. 4 inches in hei ht. M General Unruly vegetation Shrubbery is growing out of Shrubbery is trimmed and control or is infested with weeded to provide weeds. appealing aesthetics. Do not use chemicals to control weeds. A Fences Damaged parts Posts out of plumb more than Posts plumb to within 1'/z 6 inches. inches of lamb. A Fences Damaged parts Top rails bent more than Top rail free of bends 6 inches. reater than 1 inch. A Fences Damaged parts Any part of fence (including Fence is aligned and meets posts, top rails, and fabric) design standards. more than 1 food out of design ali nment. A Fences Damaged parts Missing or loose tension wire. Tension wire in place and holdin fabric. A Fences Damaged parts Missing or loose barbed wire Barbed wire in place with that is sagging more than less than'/a-inch sag 2'/z inches between osts. between osts. A Fences Damaged parts Extension arm missing, Extension arm in place broken, or bent of out shape with no bends larger than more than 1 %z inches '/o-inch A Fences Deteriorated paint or Part or parts that have a Structurally adequate posts protective coating rusting or scaling condition or parts with a uniform that has affected structural protective coating. ade uac . M Fences Openings in fabric Openings in fabric are such No openings in fabric. that an 8-inch diameter ball could fit throu h. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3779886 IIII P©2 8./205 0 .5?R VIII III IIII IIIIII IIII IIII VIII IIIIII IIII IIIIII IIII Wa. MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. ATTACHMENT "A" (CONTINUED) #20 -Maintenance Checklist for Gates Date Drainage Frequency Systems / / / / Problem Conditions To Check For Conditions That Should Exist Feature M General Damaged or Gate is broken, jammed, or Pond has functioning gate to missing missing. allow entry of people and components maintenance equipment such as mowers and backhoe. If a lock is used, make sure the Coun field staff have a ke . M General Damaged or Broken or missing hinges such Hinges intact and Tubed. missing that gate cannot be easily opened Gate is working freely. components and closed by a maintenance erson. A General Damaged or Gate is out of plumb more than Gate is aligned and vertical. missing 6 inches and more than 1 foot com onents out of desi n ali ment. A General Damaged or Missing stretcher bands and ties. Stretcher bar, bands, and ties missing in place. components If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). IIIIII III Peg 9826 of 22 IIIIIIIII IIIIIIIII IIIIIII IIIIIII , m / IIIIIIIII 28 / 20© IIII 5 ©9.518 MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa ATTACHMENT "A" (CONTINUED) #21 -Maintenance Checklist for Grounds (Landscaping) Date Drainage Frequency Systems / / / Problem Conditions To Check For Conditions That Should Exist Feature M General Weeds Weeds growing in more Weeds present in less than 5% (nonpoisonous) than 20% of the landscaped of the landscaped area. area (trees and shrubs onl ). M General Insect hazard Any presence of poison ivy No poisonous vegetation or or other other poisonous insect nests present in ve etation or insect nests. landsca ed area. M, S General Trash or litter See Ponds Checklist. See Ponds Checklist. M, S General Erosion of Ground Noticeable hills are seen in Causes of erosion are Surface landscaped areas. identified and steps taken to slow down spread out the water. Eroded areas are filled, contoured, and seeded. A Trees Damage Limbs or parts of trees or Trim trees/shrubs to restore and shrubs that are split or shape. Replace trees/shrubs shrubs broken which affect more with severe damage. than 25% of the total folia e of the tree or shrub. M Trees Damage Trees or shrubs that have Replant tree, inspecting for and been blown down or injury to stem or roots. shrubs knocked over. Re lace if severel dama ed. A Trees Damage Trees or shrubs which are Place stakes and rubber-coated and not adequately supported ties around young trees/shrubs shrubs or are leaning over, causing for support. exposure of the roots. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). I:\27002\Docs-Reports\Documents\27002~ps Stormwater Maintenance Agreement 081005.doc IIIIII 3779886 VIIIII Page: 22 of 22 IIIIIIIIII IIIIIIII 1111111 ,m! ill 1111111 ll 2812©©5 IIII ©9.518 MOUNTAIN SUNRISE DEVELO AGR $53.00 Thurston Co. Wa. eturn Address 'ity of Yelm ami Merriman O Box 479 'elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Plat of Mountain Sunrise 2. Mountain Sunrise LLC 3. Coyne, Robert L 4. Benum, Robert E Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the SW '/4 of S 17 and a replat of Lot 1, block 12, Mckenna Irrigated tracts lying within the NW '/4 of the NW '/4 of S 20, all in Township 17N, Range 2E, Thurston County Assessor's Property Tax ParceVAccount Number: 64301200100 & 22717330100 I IIIIII III Pag 9888of 7 IIIIIIII IIIIIIIIII IIIIIIII IIIIII IIIII 0!281 IIIIIIII 2©©5 ©g . 51R MOUNTAIN SUNRISE DEVELO MISC $38.00 Thurston Co. Wa A M } ~r j r ~~~ ~~I~ FirstAmerican rt/e Insurance Company Bell Towne Centre 4200 6th Avenue SE, Ste 201 Lacey, WA 98503 Phn - (360) 491-2441 Fax - (360) 352-7417 Mitch Miller,Title Officer Phone: (360) 491-2441 -Fax: (360) 455-5183 msmiller@firstam.com To: Apex Engineering 2601 South 35th Street, Suite 200 Tacoma, WA 98409 Attn: Geoff Sherwin Re: Property Address: Vacant Land, File No.: 4299-633340 Your Ref No.: Supplemental Report 2 Dated: August 25, 2005 at 8:00 A.M. Commitment/Pre/iminaryReport No. 4299-633340 dated as of 7uly 12, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 07/12/2005 at 7:30 a.m. except as noted below: Supplemental Report 1 The following paragraph no(s). 16 has/have been added to our Commitment/Preliminary Report to read as follows: 16. Easement, including terms and provisions contained therein: Recording Information: 3756081 For: Storm sewer First American Tit/e Insurance Company By; Mitch Mi//er, Tit/e Officer 3779888 I IIII FO 2 8.! 2005 09:51 R III III IIIII IIIIIII IIIIIIII IIIIIIII IIIIIII IIIII IIII MOUNTAIN SUNRISE DEYELO MISC $38.00 Thurston Co. Wa. FirstAmerican rt/e Insurance Company .a +~' "'~ ~ "' c ~ Bell Towne Centre 4200 6th Avenue 5E, Ste 201 ~ ~~~~ t ~~~~ Lacey, WA 98503 ~` Phn - (360) 491-2441 Fax - (360) 352-7417 ~.~~ ~r~ ~.l Mitch Miller,Title Officer Phone: (360) 491-2441 -Fax: (360) 455-5183 msmiller@firstam.com To: Apex Engineering File No.: 4299-633340 2601 South 35th Street, Suite 200 Your Ref No.: Tacoma, WA 98409 Attn: Geoff Sherwin Supplemental Report 1 Dated: July 27, 2005 at 8:00 A.M. Commitment/Pre/iminaryReport No. 4299-633340 dated as of July 12, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 7 and 8 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph no(s). 14 and 15 has/have been added to our Commitment/Preliminary Report to read as follows: 14. Mitigation Agreement and the terms and conditions thereof: Between: Yelm Community Schools District No. 2, Yelm, Washington And: Mountain Sunrise LLC Recording Information: 3675014 15. Matters which may be determined upon examination of the final plat. First American Tit/e Insurance Company By; Mitch Mi//er, Tit/e Officer ~ IIIIIIII PageH'.888of 7 IIII IIIIII IIIIIIII IIIIIIIIII III III III 1012 II IIII I 8!2005 III 09. 51R MOUNTAIN SUNRISE DEVELO MISC $38.00 Thurston Co. Wa. Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4268-633340 Page No.: 1 l=irstAmerican rde Insurance Company ~~~ J.M F1f Y~.,~ i #~,~+ ~ p ~+ ~ r~ 3866 S 74th St t` r-.~ "~' ~l~[ 't7~ ~;',~~a~~.r,L',{„rfi Phn~ (253) 4784 234 Fax - Developer Services Fax No. (253) 671-5802 Shari Workman (253) 671-5824 sworkman@firstam.com Vicky L. Willis (253) 671-5834 vlwillis@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4268-633340 FEE $ 350.00 TAX $ 29.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Apex Engineering herein called the Assured, against toss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: July 12, 2005 at 7:30 A.M. IIIIII VIII Fag 9888of 7 IIIIIIIIIII IIIIIII IIIIIII 1 II III III ©/2812 II IIII IIII ©05 ©9.51 A MOUNTAIN SUNRISE DEVELO MISC $38.00 Thurston Co. Wa. Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: 4268-633340 Page No.: 2 Mountain Sunrise Development LLC, a Washington Limited Liability Company B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel A: That part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 17 North, Range 2 East, W.M., lying Southerly of the 100-foot wide Centralia Power Canal and lying Northwesterly of the Burlington Northern right-of-way. Excepting therefrom the West 30 feet for county road known as Wilkenson Road. Parcel B: Lot 1 in Block 12 of McKenna Irrigated Tracts, as recorded in Volume 9 of Plats at Page 43, in Thurston County, Washington. APN: 64301200100 APN: 22717330100 3779888 I IIII IIII P©2 8.12©05 ©9?51 A I III IIII IIIIIIIII IIIIIIIIIII IIIIIIIIIIIII IIII MOUNTAIN SUNRISE DEVELO MISC $38.00 Thurston Co. Wa Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4268-633340 Page No.: 3 1. Liability, if any, for General Taxes, said premises not being carried on the General Tax Rolls. (As to Parcel B) 2. Taxes which may be assessed and extended on any subsequent roll for the tax year 2005, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 3. Current Liability for assessments as disclosed in Ordinance #607-(ULID) Canal District, under Recording No. 3176833. 4. Future Liability for assessments as disclosed in Ordinance #607-(ULID) Canal District, under Recording No. 3176833. 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Mountain Sunrise Development, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Columbia State Bank Trustee: First American Title Company Amount: $3,300,000.00 Recorded: May 4, 2004 Recording Information: 3638294 Modification and/or amendment by instrument: Recording Information: 3725032 Modification and/or amendment by instrument: Recording Information: 3730025 6. Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Mountain Sunrise Development, LLC, a Washington Limited Liability Company Assignee: Columbia State Bank Recorded: May 04, 2004 Recording Information: 3638294 7. Evidence of the authority of the individual(s) to execute the forthcoming document for Mountain Sunrise Development, LLC, copies of the current operating agreement should be submitted prior to closing. 8. Potential lien rights as a result of labor and/or materials used, or to be used, for improvements to the premises. An indemnity agreement to be completed by Mountain Sunrise Development LLC, a Washington Limited Liability Company, is being sent to First American Title Company and must be submitted to us prior to closing for our review and approval. All other matters regarding extended coverage have been cleared for mortgagee's policy. Items A through E and G and H on Exhibit B herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. I IIIIII VIII Page9868of 7 IIIIIIIIIIII IIIIIIIIIII IIII III VIII 1©! 2812©0 IIII IIII 5 09.51 A MOUNTAIN SUNRISE DEVELO MISC $38.00 Thurston Co. Wa Guarantee No.: 4268-633340 Form No. 14 Page No.: 4 Subdivision Guarantee (4-10-75) 9. Reservations contained in Deed from the State of Washington recorded under recording no. 640910, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. 10. Easement, including terms and provisions contained therein: Recording Information: 697563 In Favor of: Olympic Pipe Line Company, a Delaware Corporation For: Transportation of Oil and Gas li. Right to make necessary slopes for cuts or fills upon said premises for public right-of-way as granted by deed recorded March 23, 1987 under recording no. 8703230146. 12. Easement, including terms and provisions contained therein: Recording Information: 9307230095 In Favor of: City of Yelm For: Designing, installing, replacing, repairing and maintaining utility lines 13. Easement, including terms and provisions contained therein: Recording Information: 3185929 In Favor of: Olympic Pipe Line Company, a Delaware Corporation For: Pipe line INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. B. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: NONE C. General taxes for the year 2005, which have been paid. Tax Account No.: 22717330100 Code Area: 170 Amount: $ 1,641.11 Assessed Land Value: $ 120,450.00 Assessed Improvement Value: $ 0.00 Affects: Parcel A I IIII 3779888 IIIIIIIIIIIIII P©/928.I2~~5 D9?51A IIIIIIIIIIIIII IIIIIIIIIIIIII 1111111 MOUNTAIN SUNRISE DEVELO MISC $38.00 Thurston Co. Wa. _After recording return to: Yclm Community Schools District No. 2 P. O. Hox 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: City of Yelm, SUB-02-8329-YL Grantor. 1. Mountain Sunrise LLC Robert L Coyne Jr., Owner Bob E Benum, Owner PO Box 1274 Roy, WA. 98580 Grantee: 1. Yelm Community Schools District No. 2 Legal Description: Sec 17 & 20, Tl7N, R2W Asaeasor'a Property Ta: Parcel Number/Account Number: 22717330100, 64301200100 THIS MITIGATION AGREEMENT ("Agreement") is made this ~ of ij 2003 between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Mountain Sunrise LLC (the "Developer"). 1tECI'~ALS A. The Developer has submitted an application to the City of Yelro for the construction of a 101 lot subdivision near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, morn particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. IIIIIII~ p62Y1~2004009:388 LIIIII~IIIINNIIIHI~ IIIINIINII8HI1~ o~ ~o. ~.. YiLM COMMUNITY SCHOOLS AGR Sn•~ Tfw~st Description: Thurston,wA Document-DocID 3675024 Page: 1 of 4 Order: Thurston Cogent: E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures when appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer aclrnowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: One Thousand Seven Hundred Eleven and no/]00 Dollars ($1,711.00) for each lot in the subdivision or the total sum of One Hundred Seventy Two Thousand Eight Hundred Eleven and no/100 Dollars ($172,811.00) {the "Mitigation Payment") for the 101 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrces that the payment of the full Mitigation Payment (in the amount of One Thousand Seven Hundred Eleven and no/100 Dollars (51,711.00) per dwelling unit or One Hundred Seventy Two Thousand Eight Hundred Eleven and no/100 Dollars ($172,811.00) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agnxment to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is ariributable to the Devebper, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forevor refrains and desists from instituting, asserting, filing or bringing any Iawsuh, litigation, claim, or challenge or procceding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment wilt be full end complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, cxxutors, administrators, successors, and assigns of both of the Developer and the District. IIIIII IIIII IIIIII IIII IIIIIII III IIIIIII III III II\~ IIh 09/2Z/02DD4 094364 YELn C011MUNITY SCHOOLS ACR =T2.8E Thurston Co. Ua. Description: Thuraton,WA Document-DocZD 36'75014 Page: 2 of 4 Order: Thurston Comment: l2, If an action must be brought to enforce the terms sbal~ ~ Wiled ~ p~yme t, of tsaeos s or Court. The prevailing party brought in Thurston County Superi and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any o ~ agreement either written or oral shall be null and void. EXHIBIT' A LEGAL DESCRIPTION General Location ''` ''~' °~ corner of Wilkerson Road SE And Canal Road elm, WA Section 1? & 20 Township 17N Range 2W Land Area 28 02 acres Tax Parcel Number. 22717330100, 64301200100 YELM COMMUNITY SCHOOLtS~DISTRICT N0.2 ~~./"4.___- DATED: ~ ~ ~ ` 1 By; Alan Burke Its Superintendent STATE OF WASI-11rIGTON jSS COUNTY OF THIIRSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the ins ~ ~d voluntary ct of such party fornthe uses and purposes men Toned Schools District No. 2 to be in the instrument. ~ da of ~, 2003 GIVEN under my hand and official seal this Y n w{q~luUn.,~ , l~ ~a~~ ~~~~;'.,~ NO ARY pt~$LIC in and for a Stet ~o+f e ~",......., ?~ ,r' Boa ~ ' ~`~?; = •- Washington. residing at '~ r`;"?~',~pRj-°' ' ~; _ My Commission Expires: 9 Sri `. . ;;.w t:~~ IIIlilillllilllllllllllllllll~Il 09 22 102004 09`356 111111 IIIII 111111 Ilil YELI1 COMMl1NITY SCHOOLS AGR S22.BB Thurston Co. Us. Description: Thurston,WA Document-DocID 3675014 Page: 3 of 4 Order: Thurston Coomsont: m ~ ~ .W ~' DATED: 9' l7 Hy: obert L C ne Jr Its STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) i certify that I know or have satisfactory evidence that Robert L Coyne Jr is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be tho free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this 17'x' day of / -983"~`{ .- • M S "" ~ t~t~ NOTARY PUBLIC an~for the State of ~~ A . ~ Washington, residing at ~1Lt C,~ ~ c o ~10T1lRy ~,': ~ My Commission Expires: 7 {~ y ~ ~ ----- ~' r ~~ p(~K; ~ , ~ ,, ~ ~ t~~ 18, ~~. ~wAS DATED: Q ' / 7 ' ~ y $y: Robert E Benum Its a„~,/u~/ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that 1 know or have satisfactory evidence that Robert 1: Benum is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that ha was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this I7= day of ~ 1 /~,~~~`~ R:.•.- :"rJ OT Y •H IC in d for the State of ~ ~l~" : •'' ON••• :~,It Washington, residing at ~ FtO': ~i l NOTARY ~ My Commission Expires: OS' Q .~ i i~ ~ pl~ilit; f,~~•~1'9^6J• , i ~~ ~•a •~••`_t ~I. YY IINIII III IIIHII III VIII III III ©9 2s0 ~4 ~435A IIIIINIIIiIIIIIIII~ YELM COMI'1WiITY SCHOOLS AGR =22.00 Thurston Ce. 41a. Description: Thurston,wA Document-DocID 3675014 Page: 4 of 4 Order: Thurston Comment: i ,~ ~' I~~~ !'I~Ir ' `i~ III t ~ ~-'r 4't~ ~ s o~. .~~~y~ • ~rjlrQr~rsli ~ ~, ~~~ i !!I Nt ~~ ~,"~ _ ."fie f ~ I , \t - .., _ , pe~ ~,( »~:7?~~z.'i fee Vie. ~• tii : ~i. epp ~ ~ I s• .. r~G - ^ ~ _ 1 ._ r6~ I I '~~ ~%~ ~ ~~O I! ~~, '~ I~~t' 6c. j l < ~ ~~ et l~'. ~ecretar~~ o~ Mate v I, SAI\'I REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to MOUNTAIN SUNRISE AT YELM OWNERS ASSOCIATION a/an WANon-Profit Corporation. Charter documents are effective on the date indicated below. Date: 8/22/2005 UBI Number: 602-532-541 APPID: 353331 ~~~ ~T .~ T~~ ~, '`_ ~ :T ,r Tom, .Jl -~---~ ~,,~ 'yf `L ~j i~~~9 ..~.. ~/ CJ ~ ~ ~-~~ ~le ~-- ~I ~ ~'~~.~~«. FILED SECRETARY OF STATE 08/22/2005 TATE OF WASHINGTO 08/228005 683275 tS0.00 Uac! •308572 Trsd ing ID: 960828 Doc No: 683275-001 UBI 602 532 541 ARTICLES OF INCORPORATION OF 1!'iOUNTAIN SUNRISE AT YELM OWNERS ASSOCIATION Robert L. Coync, fot the purpose of forming a nonprofit corporation under Chapter 24.03 of the Revised Code of Washington, adopu the following Articles of Incorporation: ARTICLE I Name The name of the corporation is the A40LTITAIN SUNRISE AT YELM OVr'1\ERS ASSOCIATION, hereinafter referred to as the "Association." ARTICLE II Duration The period of duration of the Association is perpetual. ARTICLE III Purposes The Association is organized exclusively as a homeowners association within the meaning of Section 528 of the Intemal Revenue Code of 1986 (or the corresponding provision of any future U.S. Internal Revenue law). This Association does not contemp]ate pecuniary gain or profit to its members. The specific purposes for which this Association is formed are to provide for the maintenance, prese~•ation, and architectural control of the buildings, grounds, and Common Areas within a residential development (the "Property") located in Thurston County, Washington that is commonly referred to as I`4ountain Sunrise at Yelm. The Property is subject to a certain Declaration of Covenants, Conditions and Restrictions recorded on under Thurston County Auditor's File No. (the "Declaration"), which authorizes the formation of the Association. The Association will promote the health, safety, and welfare of the residents within the Property, all in accordance with the provisions of the Declaration. ARTICLE IV Powers Without limiting the foregoing, the Association has the authority to exercise any powers conferred by the Declaration, or Bylaws, as currently enacted or hereafter amended or superseded; exercise all other powcrs that may be exercised in this state by the same type of corporation as the Association; and exercise any other powers necessary and proper for the governance and operation of the Association. ARTICLE V Dissolution The Association may be dissolved with the assent given in writing and signed by eighty percent (80°I°) of the votes in the Association that are allocated. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association will be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is not accepted, or in the event that there is not an appropriate public agency, such assets will be granted, conveyed, and assigned to any nonprofit corporation, association, trust or other organization or allocated in an undivided interest to each Owner of a Lot within the property to be devoted to such simi]ar purposes. ARTICLE VI Registered Office and Agent The address of the initial registered office of the Association is 34318 102"d Avenue South, Roy OVA 98580. The name of the registered agent at that address is Robert L. Coyne, Jr. ARTICLE VII Management A Board of Directors will manage the affairs of the Association. The right to make, alter, or repeal the Bylaws of the Association is vested in the Board of Directors as set forth in the Bylaws. ARTICLE VIII Directors The number of Directors constituting the initial Board of Directors of the Association is three (3), and the names and addresses of the persons who are to serve as Directors until the earlier of: (i) the first annual meeting of the members; or (ii) until their successors are elected and qualified are as follows: Robert L. Come. Jr. 34318 102nd Avenue South Roy, WA 98580 Robert E. Benum P.O. Box 73130 Puyallup, WA 98373 Arny C2X P.O. Box 73130 Puyallup, WA 98373 The number, qualifications, terms of office, manner of election, time and place of meetings, and powers and duties of the Directors are prescribed in the Bylaws. ARTICLE IX Limitation of Director Liability A Director of the Association is not personally liable to the Association or its members for monetary danuges for conduct as a Director, except for liability of the Director: (i) for acts or omissions which involve intentional misconduct by the Director or a knowing violation of law by the Director; or, (ii) for any transaction from which the Director will personally receive a benefit in money, property, or services to which the Director is not legally entitled. If the Washington Nonprofit Corporation Act is amended to authorize corporate actions further eliminating or limiting the personal liability of Duectors, then the liability of a Director of the Association is eliminated or limited to the fullest extent permitted by the Washington Nonprofit Corporation Act, as amended. Any repeal or modification of the foregoing paragraph by the Members of the Association will not adversely affect any right or protection of a Director of the Association existing at the time of such repeal or modification. ARTICLE X Indenuritication of Directors and Officers The Association indemnifies its Directors and Officers against all liability, damage, and expenses arising from or in connection with service as Directors and Officers with this Association to the maximum extent and under all circumstances permitted by law. ARTICLE XI Incorporator The name and address of the incorporator is Robert L. Coyne, Jr., 34318 102"d Avenue South, Roy, ~'i'A 98580. ARTICLE XD Earnings No part of the net earnings of the Association inures to the benefit of any Member or other individual other than by acquiring, constructing, or providing management, maintenance, and care of Association property, and other than by a rebate of excess membership dues, fees, or assessments. ARTICLE XIII Members Every Owmer of a Lot is a member of this Association. Membership is appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. Natural persons, partnerships, corporations, trusts, or other ]awful business entities may own or have an ownership interest in a Lot. ARTICLE XIV Amendment These Articles may be amended by the assent of sixty-seven percent (67%) of the entire membership; provided, however, that the Board of Directors has the authority to appoint a new registered agent, and the Directors shall be appointed or elected as stated in the Bylaws. ARTICLE XV Terms The terms used in these Articles of Incorporation have the same meaning as in the Declaration. IN IVITNESS WHEREOF, for the purpose of fornung this Association under the laws of the State of Washington, the undersigned, constituting the inco orator of this Association, has executed these Articles of Incorporation this l 1 day of ~ µ ~ ~ S ~ , 2005. INCORPORATOR: /~ 1.~--~ Robert L. Coyne, Jr. 4 CONSENT TO APPOINTMENT AS REGISTERED AGENT FOR MOUNTAIN SUNRISE AT YELM OWNERS ASSOCIATION I, Robert L. Coyne, Jr., do hereby consent to serve as Registered Agent in the State of Washington, for Mountain Sunrise at Yelm Owners Association, a Washington nonprofit corporation. I understand that as agent for the corporation, it will be my responsibility to receive service of process in the name of the corporation, to forward all mail to the corporation, and to immediately notify the office of the Secretary of State in the event of my resignation or of any changes in the registered office address of the corporation for v`~hich I am agent. DATED this 11 day of ~4 u , 2005. Robert L. Coyne, r. Registered Office Address: 34318 102"d Avenue South Roy, WA 98580 1316003 v3.doe DEVELOPER AGREEMENT This Agreement is made pursuant to the provisions of Sections 16.20.030 and 16.20.040 of the Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in the Exhibit A attached hereto and made a part hereof. The undersigned does deposit in trust with the City of Yelm $2035.00 and grants the City the full power and authority to hold and expend the deposited amount for the purpose of completing the required improvements .and repairs described in said Agreement not completed by May 30, 2006, pursuant to said agreement. It is understood and agreed that the City holds the certificate covering said account in its possession and agrees to hold the sum of $2035.00 until release or partial release of this Agreement is received from the Community Development Department pursuant to the terms of the attached Exhibit, or demand made by the Community Development Department pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions of said attached Exhibit. DATED this 26th day of October12005 s,~., .'s DEVELOPER / EXHIBIT A Required Improvement Hydroseed the landscape strips behind the curb of of the internal streets, and the area of open space that was disturbed during construction or that did not grow at the time of first planting. Cost Estimate $1,357.00 X150% $2,035.00 Mountain Sunrise, LLC P.O. Box 73130 Puyallup, WA. 98371 October 25, 2005 Tami Merriman City of Yelm Department of Community Development P.O. Box 479 Yelm, WA. 98597 RE: Mountain Sunrise Development -Final Plat Dear Tami: Please consider this letter as our commitment to the City regarding the installation of the Nature Trail pedestrian and bicycle barrier at Wilkensen Road. The barrier, per the approved specs and picture given to Jim Gibson, is being built by Sutherland Security and its fabrication sub- contractor. We anticipate completion of the fabrication on or before November 15, 2005 with installation to follow within 10 days of delivery of the material. Attached to this letter is a fax from Puget Sound Energy regarding the repair of the street lights in the development. The bus pad has been installed and the development fencing along Wilkensen Road has been repaired. We will continue to monitor the vandalism of the fencing and repair any damage as it occurs. We will also, in the next two weeks, work with Jim Gibson regard the reinstallation of the barrier at the power canal. We trust that with the completion of the above items and our commitment for the balance of the items listed that the City will fmal the first phase of the development (lots 1 -54). We are aware and agree that the fmal of phase two will carry with it, conditions that all punchlist items be 100% complete. Should the City require an assigned savings to insure completion of the trail barrier and the Power Canal guard rail, we will be happy to accommodate. We believe, however, that an assigned savings account should not be required as all those can be tied to phase II fmal. Thank you very much for your help in this matter. Very truly yours, /'~ ~+~- Robert .Coyne, Jr ,Member Mountain Sunrise, LC RLC/lom est9n03 425-462-3149 » 3604584995 P 1/1 2005-10-24 14:59 p c~ INT 355 110T" Avenue NE P.O. Box 90868, EST 9 W Bellevue, WA 98009-0668 Lighting Services from Puget Sound Energy FAX Date: ~ - ~ ',~ Pages Including Cover Sheet:, 'i'p FROM Name: , / n Name: Jack Flannick Fax #: ~~~ ~ ~` ~ S Fax i~:, 1425) 462-3149 Phone #: - Phone #: (425) 456-2595 Re:~f• ~ L~ v1 ~rSF..:. URGENT PER YOUR REQUEST PLEASE REPLY FOR YOUR REVIEW 8 COMMENT Comments: ~~ ~a p ~~~~1 rs cc9 c ! ~ ~ /~, -~~~ ~ ~~ ~ m ~ ~-~ ~ GJ G d C ~r~ ~~~ ~ I h-~I~s Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4268-633340 Page No.: 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability fo r loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts 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 records. 2. Notwithstanding any specific assurances which 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, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the Invalidity or potential Invalidity of any judicial or non-Judicial proceeding which is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to In Schedule A. (d) The validity, legal effector priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDIFIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used in the Guarantee mean; (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to 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 property beyond the lines of the area described or referred to In Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective 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 to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be Ilable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter 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 to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, Interpose a defense, as limited In (b), or to do any other act which in Its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not It shall be Ilable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise Its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subJect to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses Incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent Jurisdiction 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 proceeding, an Assured shall secure to the Company the right to so prosecute or provide for 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 for 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, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company Is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative 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, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, In writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All Information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable Judgment of the Company, It Is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) FirstAmerican Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of th s Guaranteeyor to pay the fulldamount of this Guaranteeroa, Ifltt li s Guarantee is Issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said Ilen expenses incurred iby therAssured claimant which we a authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such Indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option 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 payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any Iitigatlon for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, Including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised Its options under Paragraph 4. Guarantee No.: 4268-633340 Page No.: 6 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. and expenses pursuant to Paragraph 4 sha I reduce t e amount of liability pro tantoe~ 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. right of subrogation shall vesthinvthe Company uniaffected by any ad of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies whit the Assured would have had against any person or property in respe then Assured shadll this Guarantee not been Issued. If requested by the Company, rson or ro e transfer to the Company all rights and remedies against any pe P p rty necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or Iitigatlon Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability Is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only if the laws of the state in which the land is the tawardmrenderedrtby therA bitrator(s)f may be centered pn anyucourtnhavng jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entirattachedahereto by the (a) This Guarantee together with all endorsements, if any, Company is the entire Guaran~ovisiondof this GuaranteenthiseGuara tee shalltbe Company. In interpreting any p construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserdng such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto sign or b al dat ng toffl ereso eauthor zied President, the Secretary, an Assistant Secretary, signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to addressede the Company at 2alFirst American Way. Bldg. 2, Santa Anae CAn927071 be Form No. 1282 (Rev. 12/15/95) 7. Determination and Extent of Liability. This Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of Thls Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount 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 time 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, Ifen or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter 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 with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any Iitigaton by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a eats determination by a court of competent jurisdiction, and disposition of all app therefrom, adverse to the title, as stated herein. first American Title `~ .,~,irst American `~~ i~=` .-r -. ~ First American Tit/e Insurance Company Bell Towne Centre 4200 6th Avenue SE, Ste 201 Lacey, WA 98503 Phn - (360) 491-2441 Fax - (360) 352-7417 Mitch Miller,Title Officer Phone: (360) 491-2441 -Fax: (360) 455-5183 msmiller@firstam.com To: Apex Engineering 2601 South 35th Street, Suite 200 Tacoma, WA 98409 Attn: Geoff Sherwin Re: Property Address: Vacant Land, Supplemental Report 2 Dated: August 25, 2005 at 8:00 A.M. File No.: 4299-633340 Your Ref No.: Commitment/Pre/iminaryReport No. 4299-633340 dated as of July 12, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 07/12/2005 at 7:30 a.m. except as noted below: Supplemental Report 1 The following paragraph no(s). 16 has/have been added to our Commitment/Preliminary Report to read as follows: 16. Easement, including terms and provisions contained therein: Recording Information: 3756081 For: Storm sewer FirstAmerican Tit/e Insurance Company By; Mitch Mi//er, Tit/e Officer Page 1 of 1 1 A M ( ~ ~ * fy '~ First American g~ ,~~ ~~ ~ L First American Tit/e Insurance Company Bell Towne Centre 4200 6th Avenue 5E, Ste 201 Lacey, WA 98503 Phn - (360) 491-2441 Fax - (360) 352-7417 Mitch Mi11er,Title Officer Phone: (360) 491-2441 -Fax: (360) 455-5183 msmiller@firstam.com To: Apex Engineering 2601 South 35th Street, Suite 200 Tacoma, WA 98409 Attn: Geoff Sherwin Supplemental Report 1 Dated: July 27, 2005 at 8:00 A.M. File No.: 4299-633340 Your Ref No.: Commitment/Pre/iminaryReport No. 4299-633340 dated as of July 12, 2005 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: Paragraph no.(s) 7 and 8 of our Commitment/Preliminary Report has/have been eliminated. The following paragraph no(s). 14 and 15 has/have been added to our Commitment/Preliminary Report to read as follows: 14. Mitigation Agreement and the terms and conditions thereof: Between: Yelm Community Schools District No. 2, Yelm, Washington And: Mountain Sunrise LLC Recording Information: 3675014 15. Matters which may be determined upon examination of the final plat. First American Tit/e Insurance Company By: Mitch Mi//er, Tit/e Officer Page 1 of 1 Form No. 14 Subdivision Guarantee (4-10-75) `+yt AM+~~C+ =~ First A.rr~erican ~~ /lam'-'~ ~ ~T-- Developer Services Fax No. (253) 671-5802 LIABILITY FEE Guarantee No.: 4268-633340 Page No.: 1 First American Tit/e Insurance Company 3866 5 74th St Tacoma, WA 98409 Phn - (253) 471-1234 Fax - Shari Workman Vicky L. Willis (253) 671-5824 (253) 671-5834 sworkman@firstam.com vlwillis@firstam.com SUBDIVISION GUARANTEE $ 1,000.00 ORDER NO.: $ 350.00 TAX $ 29.40 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Apex Engineering 4268-633340 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: July 12, 2005 at 7:30 A.M. First American Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: 4268-633340 Page No.: 2 Mountain Sunrise Development LLC, a Washington Limited Liability Company B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel A: That part of the Southwest Quarter of the Southwest Quarter of Section 17, Township 17 North, Range 2 East, W.M., lying Southerly of the 100-foot wide Centralia Power Canal and lying Northwesterly of the Burlington Northern right-of-way. Excepting therefrom the West 30 feet for county road known as Wilkenson Road. Parcel B: Lot i in Block 12 of McKenna Irrigated Tracts, as recorded in Volume 9 of Plats at Page 43, in Thurston County, Washington. APN: 64301200100 APN: 22717330100 firs? American Title Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4268-633340 Page No.: 3 1. Liability, if any, for General Taxes, said premises not being carried on the General Tax Rolls. (As to Parcel B) 2. Taxes which may be assessed and extended on any subsequent roll for the tax year 2005, with respect to new improvements and the first occupancy which may be included on the regular assessment roll and which are an accruing lien not yet due or payable. 3. Current Liability for assessments as disclosed in Ordinance #607-(ULID) Canal District, under Recording No. 3176833. 4. Future Liability for assessments as disclosed in Ordinance #607-(ULID) Canal District, under Recording No. 3176833. 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Mountain Sunrise Development, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Columbia State Bank Trustee: First American Title Company Amount: $3,300,000.00 Recorded: May 4, 2004 Recording Information: 3638294 Modification and/or amendment by instrument: Recording Information: 3725032 Modification and/or amendment by instrument: Recording Information: 3730025 Assignment of leases and/or rents and the terms and conditions thereof: Assignor: Mountain Sunrise Development, LLC, a Washington Limited Liability Company Assignee: Columbia State Bank Recorded: May 04, 2004 Recording Information: 3638294 Evidence of the authority of the individual(s) to execute the forthcoming document for Mountain Sunrise Development, LLC, copies of the current operating agreement should be submitted prior to closing. 8. Potential lien rights as a result of labor and/or materials used, or to be used, for improvements to the premises. An indemnity agreement to be completed by Mountain Sunrise Development LLC, a Washington Limited Liability Company, is being sent to First American Title Company and must be submitted to us prior to closing for our review and approval. All other matters regarding extended coverage have been cleared for mortgagee's policy. Items A through E and G and H on Exhibit B herein will be omitted in said extended coverage mortgagee's policy. The coverage contemplated by this paragraph will not be afforded in any forthcoming owner's standard coverage policy to be issued. First American Title Form No. 14 Guarantee No.: 4268-633340 Subdivision Guarantee (4-10-75) Page No.: 4 9. Reservations contained in Deed from the State of Washington recorded under recording no. 640910, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. 10. Easement, including terms and provisions contained therein: Recording Information: 697563 In Favor of: Olympic Pipe Line Company, a Delaware Corporation For: Transportation of Oil and Gas 11. Right to make necessary slopes for cuts or fills upon said premises for public right-of-way as granted by deed recorded March 23, 1987 under recording no. 8703230146. 12. Easement, including terms and provisions contained therein: Recording Information: 9307230095 In Favor of: City of Yelm For: Designing, installing, replacing, repairing and maintaining utility lines 13. Easement, including terms and provisions contained therein: Recording Information: 3185929 In Favor of: Olympic Pipe Line Company, a Delaware Corporation For: Pipe line INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. B. The following deeds affecting the property herein described have been recorded within 24 months of the effective date of this commitment: NONE C. General taxes for the year 2005, which have been paid. Tax Account No.: 22717330100 Code Area: 170 Amount: $ 1,641.11 Assessed Land Value: $ 120,450.00 Assessed Improvement Value: $ 0.00 Affects: Parcel A First American Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4268-633340 Page No.: 5 1. Except to the extent that specific assurance 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, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions In patents or In AILS 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 records. 2. Notwithstanding any specific assurances which 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, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described In the description set forth in Schedule (A), (C) or In Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or Improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result In the invalidity or potential Invalidity of any Judicial or non-Judicial proceeding which is within the scope and purpose of the assurances provided. (c) The Identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. The following terms when used In the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to 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 property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, Interest, estate or easement In abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security Instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective 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 to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or Interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter 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 to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation In such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to Institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in Its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise Its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise Its options as stated In Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subJect to the right of such Assured to obJect for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured In the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or Interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent Jurisdiction 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 proceeding, an Assured shall secure to the Company the right to so prosecute or provide for 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 for 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, obtaining witnesses, prosecuting or defending the action or lawful act which In the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative 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, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, Inspect and copy all records, books, ledgers, checks, correspondence and memoranda In the custody or control of a third party, which reasonably pertain to the Loss or Damage. All Information designated as confidential by the Assured provided to the Company, pursuant to this section shall not be disclosed to others unless, in the reasonable Judgment of the Company, It Is necessary In the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Information or grant permission to secure reasonably necessary Information from third parties as required In the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name of the Assured any claim which could result In loss to the Assured wlthln the coverage of this Guarantee, or to pay the full amount of this Guarantee or, If this Guarantee Is Issued for the beneFlt of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such Indebtedness shall transfer and assign said Indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option 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 payment required In that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. ThIS Guarantee Is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of ThIS Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated In Schedule A or In Part 2; (b) the amount 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 time 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, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee In a reasonably diligent manner by any method, Including Iitigatlon and the completion of any appeals therefrom, It shall have fully performed Its obligations with respect to that matter and shall not be Ilable for any loss or damage caused thereby. (b) In the event of any Iitigatlon by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4268-633340 Page No.: 6 (c) The Company shall not be Ilable for loss or damage to any Assured for liability voluntarily assumed by the Assured In settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed In accordance with these Conditions and Stipulations, the loss or damage shall be payable wlthln thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest In the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property In respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary In order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle In the name of the Assured and to use the name of the Assured In any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may Include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability Is 51,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is In excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be bending upon the parties. The award may Include attorneys' fees only If the laws of the state In which the land Is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the sltus of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contrail. (a) Thls Guarantee together with all endorsements, If any, attached hereto by the Company Is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement In writing required to be furnished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) first American Title ~~~ THE p ~. YELM w~sHUacTOw City of Yelm STAFF REPORT To: Mayor Adam Rivas Yelm City Council From: Tami Merriman, Assistant Planner Date: October 18, 2005 (for October 26, 2005 City Council Meeting) Subj: Resolution #459 -Mountain Sunrise LID Segregation Attachments: ~> • Application for Segregation of LID Assessment ~, 1 • Resolution No. 459 lJ~ • Exhibit A - Current Parcel Configuration Map ~~ • Exhibit B - New Parcel Configuration Map • Exhibit C - Segregation of Assessment • Exhibit D - RCW § 35.44.410 ~u Recommendation Adopt Resolution No. 459 authorizing the requested segregation of the original assessment to Tax Parcel #'s 64301200100 & 22717330100 in Utility Local Improvement District No. 1. Background On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington requires that any request for segregation of these assessments be approved by council action. If Council adopts Resolution No. 459, a separate assessment lien will be recorded against each individual building lot that will be enforceable by judicial foreclosure in the even that future annual installments are not paid in a timely manner in accordance with state law. Current Situation Mountain Sunrise Development LLC has submitted a written application, and fee to reallocate the local improvement district assessments on parcels they own based on the projected number of individual lots at final build-out. This action will proportionately redistribute original assessment amounts to final building lots in preparation for the development and sale of final lots to future homeowners in the Mountain Sunrise Plat. State law requires that segregation "shall be made as nearly as possible on the same basis as the original assessment." Each projected final building lot will be allotted one Equivalent Residential Unit, and the combined assessment total is therefore divided equally between each of the new parcels benefiting from the improvements. The sum of the combined assessments does not change and the estimated market value of these parcels is more than sufficient to cover any future delinquencies should foreclosure action ever be required. This resolution will become effective immediately upon adoption by the City Council. CITY OF YELM APPLICATION TO SEGREGATE LID ASSESSMENT PLEASE COMPLETE AND City of Yelm, Community Development Department RETURN THIS FORM TO: 105 Yelm Ave. W, P.O. Box 479, Yelm, WA 98597 Property Owner: Mountain Sunrise LLC, ~$en Mailing Address: P.O. Box 73130 City, St., Zip: Pump, WA 98373 Telephone: (253) 845-5555 Current Parcels (Tax Parcel No.) Current Assessment Amount 64301200100 $ 14,585.20 22717330100 ~ 182,315.00 New Parcel Description Number of ERU's Mountain Sunrise Lots 1-54 1 ERU per Each Lot Mountain Sunrise Tract #2 54 ERU's (if additional space is required, please attach the requested information on a separate sheet) 1. The undersigned holds an ownership interest in the above referenced parcels(s) located within a local improvement district in the City of Yelm, Thurston County, Washington. 2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in accordance with the new property configuration. 3. This application for segregation of assessment is made under the provisions of § 35.44.410 of the Revised Code of Washington. Applicant (please print) Si e p~ 7f/ mil, Date ~-~~ ASSESSMENT SEGREGATION FEE A segregation fee is due per § 35.44.410 of the Revised Code of Washington as a condition of final map approval. The fee for less than 6 new parcels is $850. For segregation requests resulting in 6 or more new parcels, the fee is $1,000 plus $25 for each parcel over 10 parcels. Please include payment with this completed form. Questions may be directed to Public Finance at (425) 885-1604. CITY USE: RECEIPT # -JAS ~~~ DATE: ~ ~(~ ~ BY:~ CITY OF YELM RESOLUTION N0.459 A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO SEGREGATE ORIGINAL ASSESSMENTS UNDER UTILITY LOCAL IMPROVEMENT DISTRICT NO. 1, PURSUANT TO SECTION 35.44.410 OF THE REVISED CODE OF WASHINGTON WHEREAS the City of Yelm has received written application from the property owner of the plat knows as Mountain Sunrise to combine and segregate two original assessments within the Utility Local Improvement District No. 1 in accordance with Section 35.44.410 of the Revised Code of Washington WHEREAS the parcels to be affected by this segregation action are described in the adopting ordinance as assessment numbers 18 and 19 of Utility Local Improvement District No 1. and identified in the records of Thurston County Assessors Office as tax parcel numbers 22717330100 and 64301200100; and WHEREAS the existing parcel configuration is shown on the map attached hereto as Exhibit A; and WHEREAS the sum of the combined assessment amounts placed on these parcels is $196,900.20, as set forth in the final assessment roll confirmed and adopted in Ordinance No 674 on September 29, 1999; and WHEREAS the revised parcel configuration is shown on the map attached as Exhibit B; and WHEREAS this segregation will not jeopardize the security of the liens for the assessments or reduce the security for any outstanding local improvement district obligations payable from such assessment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Segregation shall be made on the original assessment roll of Local Improvement District No. 1 which was confirmed and adopted by Ordinance No. 674 on September 29, 1999. Resolution #459 Section 2. Segregation shall affect assessment account numbers 01-018 and O 1-019 of Utility Local Improvement District No. 1 as described in the adopting ordinance and identified as Thurston County Assessor tax parcel numbers 64301200100 & 22717330100. Section 3. Segregation shall result in 55 new parcels with proportional assessments representing one Equivalent Residential Unit for each projected individual building lot. The confirmed assessment amounts for these new parcels shall total $ 196,900.20 as shown in Exhibit C, which is equal to the sum of the combined assessment amounts before segregation. ADOPTED by the Council of the City of Yelm, Washington at its regular meeting on the 26th Day of October, 2005. CITY OF YELM, WASHINGTON Adam Rivas, Mayor AUTHENTICATED: Agnes Bennick, City Clerk PASSED and APPROVED 2005 Resolution #459 Page 2 Exhibit A Mountain Sunrise LID Segregation Current Parcel Configuration N A ::4 ~,-~ ~':~ _ ., ~`;~ ~`° , ~~ -: 1.` ~. y ~--., ~entra,lie '~'1. ~'-+~ t?owar£ ~ -~~ ~ =~j ~ - "`~-~ \ ~ ~ \`~ ~:::.: .': Mountain Sunrise/~ 64301200100 8 22717330100 \~ l :-- ";~ Exhibit B N Mountain Sunrise LID Segregation A New Lot Configuration _, 1 - 1Ce~rai/~6 P ~ °wer '` ~~R,;~//,~ lea >: '~ ~~~ ~ E, ~~. ~ ` - .~ ~ ~`. ``.~:~ ~ ~. ,~ - _ ~ Mountain Sunn'se ~`'`- ~ - ~ ``""~- Lot Numbers 1- 54 \- \~ ~~ `~, r ' \\ Parcel B ~' ~~ ~-,\ _ - ~ ^~ ~, ~. ~r ; '~ i ~` - ~ ~ %~~ _ ,- \ ,~--,- `~~-~ ~~`~~ ~% i \\ ^ ~\ /,. .% -.-----~~: ~ ~Y ~' ,~ -~ - ~~ i ~~, Exhibit C Segregation of Assessment CITY OF YELM, WASHINGTON Utility Local Improvement District No. 1 ORIGINAL ASSESSMENTS Account Tax Parcel Number Assessment ERUs Balance 01-018 22717330100 $182, 315.00 100 $109,306.91 01-019 64301200100 $14,585.20 8 $8,744.53 $196,900.20 108 $118,051.44 AMENDED ASSESSMENTS Account Parcel Description Assessment ERUs Balance 01-018-01 Mountain Sunrise, Lot 1 $1,823.15 1 $1,093.07 01-018-02 Mountain Sunrise, Lot 2 1,823.15 1 1,093.07 01-018-03 Mountain Sunrise, Lot 3 1,823.15 1 1,093.07 01-018-04 Mountain Sunrise, Lot4 1,823.15 1 1,093.07 01-018-05 Mountain Sunrise, Lot 5 1,823.15 1 1,093.07 01-018-06 Mountain Sunrise, Lot 6 1,823.15 1 1,093.07 01-018-07 Mountain Sunrise, Lot 7 1,823.15 1 1,093.07 01-018-08 Mountain Sunrise, Lot 8 1,823.15 1 1,093.07 01-018-09 Mountain Sunrise, Lot 9 1,823.15 1 1,093.07 01-018-10 Mountain Sunrise, Lot 10 1,823.15 1 1,093.07 01-018-11 Mountain Sunrise, Lot 11 1,823.15 1 1,093.07 01-018-12 Mountain Sunrise, Lot 12 1,823.15 1 1,093.07 01-018-13 Mountain Sunrise, Lot 13 1,823.15 1 1,093.07 Account Parcel Description Assessment ERUs Balance 01-018-14 Mountain Sunrise, Lot 14 1,823.15 1 1,093.07 01-018-15 Mountain Sunrise, Lot 15 1,823.15 1 1,093.07 01-018-16 Mountain Sunrise, Lot 16 1,823.15 1 1,093.07 01-018-17 Mountain Sunrise, Lot 17 1,823.15 1 1,093.07 01-018-18 Mountain Sunrise, Lot 18 1,823.15 1 1,093.07 01-018-19 Mountain Sunrise, Lot 19 1,823.15 1 1,093.07 01-018-20 Mountain Sunrise, Lot 20 1,823.15 1 1,093.07 01-018-21 Mountain Sunrise, Lot 21 1,823.15 1 1,093.07 01-018-22 Mountain Sunrise, Lot 22 1,823.15 1 1,093.07 01-018-23 Mountain Sunrise, Lot 23 1,823.15 1 1,093.07 01-018-24 Mountain Sunrise, Lot 24 1,823.15 1 1,093.07 01-018-25 Mountain Sunrise, Lot 25 1,823.15 1 1,093.07 01-018-26 Mountain Sunrise, Lot 26 1,823.15 1 1,093.07 01-018-27 Mountain Sunrise, Lot 27 1,823.15 1 1,093.07 01-018-28 Mountain Sunrise, Lot 28 1,823.15 1 1,093.07 01-018-29 Mountain Sunrise, Lot 29 1,823.15 1 1,093.07 01-018-30 Mountain Sunrise, Lot 30 1,823.15 1 1,093.07 01-018-31 Mountain Sunrise, Lot 31 1,823.15 1 1,093.07 01-018-32 Mountain Sunrise, Lot 32 1,823.15 1 1,093.07 01-018-33 Mountain Sunrise, Lot 33 1,823.15 1 1,093.07 01-018-34 Mountain Sunrise, Lot 34 1,823.15 1 1,093.07 01-018-35 Mountain Sunrise, Lot 35 1,823.15 1 1,093.07 01-018-36 Mountain Sunrise, Lot 36 1,823.15 1 1,093.07 01-018-37 Mountain Sunrise, Lot 37 1,823.15 1 1,093.07 01-018-38 Mountain Sunrise, Lot 38 1,823.15 1 1,093.07 01-018-39 Mountain Sunrise, Lot 39 1,823.15 1 1,093.07 01-018-40 Mountain Sunrise, Lot 40 1,823.15 1 1,093.07 01-018-41 Mountain Sunrise, Lot 41 1,823.15 1 1,093.07 01-018-42 Mountain Sunrise, Lot 42 1,823.15 1 1,093.07 01-018-43 Mountain Sunrise, Lot 43 1,823.15 1 1,093.07 01-018-44 Mountain Sunrise, Lot 44 1,823.15 1 1,093.07 Account Parcel Description Assessment ERUs Balance 01-018-45 Mountain Sunrise, Lot 45 1,823.15 1 1,093.07 01-018-46 Mountain Sunrise, Lot 46 1,823.15 1 1,093.07 01-018-47 Mountain Sunrise, Lot 47 1,823.15 1 1,093.07 01-018-48 Mountain Sunrise, Lot 48 1,823.15 1 1,093.07 01-018-49 Mountain Sunrise, Lot 49 1,823.15 1 1,093.07 01-018-50 Mountain Sunrise, Lot 50 1,823.15 1 1,093.07 01-018-51 Mountain Sunrise, Lot 51 1,823.15 1 1,093.07 01-018-52 Mountain Sunrise, Lot 52 1,823.15 1 1,093.07 01-018-53 Mountain Sunrise, Lot 53 1,823.15 1 1,093.07 01-018-54 Mountain Sunrise, Lot 54 1,823.15 1 1,093.07 01-019B Mountain Sunrise, Parcel B 98,450.10 54 59,025.66 55 Assessed Parcels $196,900.20 108 $118,051.44 EXHIBIT D RCW §35.44.410 RCW §35.44.410 Segregation of assessments. Whenever any land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the legislative authority thereof determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered a fee often dollars for each tract of ]and for which a segregation is to be made. In addition to such charge the legislative authority of the city or town may require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city or town shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment. [1969 ex.s. c 258 § ]0] o~ THE E WAiNINOTON City of Yelm STAFF REPORT To: Mayor Adam Rivas Yelm City Council From: Tami Merriman, Assistant Planner Date: October 18, 2005 (for October 26, 2005 City Council Meeting) Subj: Mountain Sunrise Final Plat Recommendation Approval of Phase I of the final plat for Mountain Sunrise, SUB-02-8329-YL. Background The Yelm Hearing Examiner approved, with conditions, a preliminary plat for the above referenced project on August 23, 2003. The project has finished construction of Phase I, and the applicant has filed a complete application for final plat. Current Situation Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that phase I of the final plat meets all conditions of the preliminary approval. Page 1 of 1 ~~ _/ -----------_ -L'N• • ~ CP H ~C - - N ~- ~; w~ ~~~ o o~ ~~o .~ s ,~ ~~U ~~g ~~~ ,~ ~~a =~ x mo S.N'. 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'i C D z in 00 Z m~ ~m D AZ ° O . ti n m O m O a S c z Z 0 D N 0 m n~ y n yD s~" s~ z ~ ~ z ~ z m~ n N m~ m-d o~ ~ oo ox ~ ..C( D RIB ~ ~ ~f+ o O ,°~ ~oA O ~ o T o~ O ~ ~ 0~0 ~ ~ N = N ~ .D N r ~ ? O 11yy ° 1~ 71 O { O O O D 0 N D 0 N D 0 N n ~1 z 0 Z m n x z b ° en ~d Zxo O Q ~x D" a ~~y N v D O a 0 I, y r ,,n„~ y i.r O ' V A O r r N x~z ~zy xa~ -i..vi ~~y OHS HCyx xyy~ ~~y0 n ~ ~~..11 y 'A `--1 z N~~y ~zx~ ~~~'~z ~yOU~ ~zx~ o ~x ~C~y~ ~ o ~' ~ H H 'zy yin Oy0 z~z O zed ~ a O ~y V xxa ~~H Oy ~ -~+ z ~ ~, O y r.+ +AJ T TO: Tami Merriman COMPANY: City of Yelm PO Box 479 ADDRESS Yelm, WA 98597 DATE: 10/06/05 REGARDING: Moutnain Sunrise FILE/TASK: 27002/98 PLEASE FIND THE FOLLOWING ATTACHED: COPIES DATE NO. By. ^ MAIL ^ OVERNIGHT ® COURIER ^ FAX BUSINESS: (360) 458-8496 BUSINESS FAX: (360) 458-3144 TOTAL PAGES: DESCRIPTION ~ngineeringa WE ARE TRANSMITTING THE FOLLOWING: ^ For your approval/review/comment ®For your use ^ Returned for corrections COMMENTS: Tami, Here is our resubmittal package for the final plat. I have attached the redline markups, CD of the plat, both response letters to the punch lists, mylars of the plat, 2 copies of the plat, 1 11-17 copy of the plat, and two Attachment A's. I was unclear from the markup as to what to put there, so I have given one for the City of Yelm and one for Thurston County. The Bob's will be bringing the other items from your letter. Please let me know if there are any questions. Thanks, Geoff COPY TO: SENDER: Geoffrey P. Sherwin, P.E. 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R:\Templates.BV,.nK FAX TRANSMISSION.dcx ..r, .. THURSTON COUNTY SIIJL~ ItlSi Thurston County Auditor Plat Name Reservation Request Kim Wyman Thurston County Auditor's Office 2000 Lakeridge Dr SW Olympia, WA 98502 Phone: (360) 786-5405 Fax: (360) 786-5223 A licant /Business Name): Date of A lication: ~ ~.; 5u ~ ~. ~.~ c~ ~ s 'Contact Person Na me: rr ^^ l~ Address: C't , S tate & zi code: _ / ~j Q Phone Number: _ /p Fax Number. E-mail Address: Plannin Jurisdiction Count ors eci which cit ~~ ~ ~ Plat i Ma name re nested: Type of Subdivision (Plat; Condo, BSP, etc.): ~ . Signature: r ~~ '~/~i~ Date: ~-- ~~J~dc~ Please fax this form to the Thurston County Auditor's Office at (360) 786-5223 Attn: Terra Howell or, mail to: Thurston County Auditor Attn: Terra Howell 2000 Lakeridge Drive SW Olympia, WA 98502 Once your name has been accepted, a certificate will be mailed to you as confirmation the name has been reserved for 1 year. Please retain the certificate and present it at the time of recording with the final map. You must renew the reservation on or before expiration to ensure that the name remains reserved for you. Once renewed, a new certificate will be mailed to you. An expired certificate will not be accepted as proof of reservation should it expire and the name is used in the interim. Geomatics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Invoice Date Invoice # 9/26/2005 436 P.O. No. Terms Geomatics No. Due on receipt 1331 Item Description Hours Rate Amount Peer Review Review and Comment for Mountain Sunrise SUB-02-8329-YL. 6 85.00 510.00 f ',~, ~. ~ ~ ~ ~, ~~~ ~ ~ ~~ ~~ ~ ~~ ~/j \ ~ ~ If you have any questions please call. Total $slo.oo Payments/Credits $o.oo Balance Due $slo.oo Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb@geomaticslandsurveying.com www.geomaticslandsurveying.com "r ~'GEOMATIrCS sT~wSiS~i LAND SURVEYING ©2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~s2s3~ FAX: 360-400-5264 City of Yelm September 26, 2005 Community Development Department ' Grant Beck, Director Rece-ve PO Box 479 SEP 2 ~ 2005 Yelm, WA 98597 Re: Review and comment for Mountain Sunrise, SUB-02-8329-YL. Geomatics' Job No.: 1331 Deaz Mr. Beck: We have completed our review of the abovementioned plat dated August 5, 2005 by the surveyor. You will find enclosed an original copy of the plat, sheets 1- 4, with our "red- line" comments and an original set of the provided closure reports. The lot dimensions on the plat correspond with those found in the closure reports. The legal description of the plat corresponds with the description on the provided First American Title Company's Subdivision Guarantee No. 4268-633340, Schedule A , Description, dated July 12, 2005. There are a few minor edits. They aze as follows: • Sheet Two How was the Section Control Diagram derived? What was found at the section corners utilized for the Basis of Bearing? When were the monuments visited? The Basis of Bearing should be S 89°12'48" E. • Sheet Three There aze two black boxes that are not labeled. The address table has been omitted. We did not receive copies of the underlying documents listed under Record Matters in Schedule A of the Subdivision Guazantee. Therefore, we can't attest that all easements, restrictions and/or reservations of record that should be shown on the plat have been shown. Please contact me if you have any questions or desire addition information. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, GeomaticQs, P.S).,~Inc. ,fit .~ ~C dL~=-~- Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com Ci o Yelm 901 Rhoton Road / PO Box 479 Yelm, WA 98580 360-458-8406 L~~`~' ~ C,i ~' ransmittal Letter To: Smitty Jon Date: September 13, 2005 Attn: Re: Project Review Project Name: Mountain Sunrise Items transmitted for: `~ Review and comment As Requested Remarks: ^ For your records ^ Other Please review the attached site plans for Mountain Sunrise. Your comments are due NLT September 25th, 2005. Signed: Tim Peterson Public Works Director cc: File Date Recd Back from Smitty ~~ ec'd Back from Jon ~- ^ Date Forwarded to CDD ~~ ~~~.r~~S ~-o ~~ C:\Documents and Settings\deonne\Desktop\PROJECT REVIEW TRANSMTL.doc / ~~ THE p•Q~ 9, ~ a ~ Ci o Yelm a M IOS Yelm Avenue West P.O. Box 479 YELMoTON Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Date: September 12, 2005 Ite: Mountain Sunrise File No: SUB-02-8329-YL Name: Mountain Sunrise LLC Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find project information for Case Number SUB-02-8329-YL, Mountain Sunrise, for Phase 1 (54 lots) of a 1081ot single family subdivision on 28 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before September 26, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider Transmittal Letter To: Dennis Baker Company: Geomatics Surveying Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Date: September 12, 2005 Re: Mountain Sunrise File No: SUB-02-8329-YL Name: Mountain Sunrise LLC Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-02-8329-YL, Mountain Sunrise, for Phase 1 (541ots) of a 108 lot single family subdivision on 28 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before September 26, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Assessor's Office Date: September 12, 2005 Company: Thurston County Re: Mountain Sunrise Address: 2000 Lakeridge Drive SW, Bldg. 1 File No: SUB-02-8329-YL City, St Zip: Olympia, WA 98502 Name: Mountain Sunrise, LLC Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-02-8329-YL, Mountain Sunrise, for Phase 1 (54 lots) of a 1081ot single family subdivision on 28 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before September 26, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant YELM CHAMBER OF COMMERCE YELM POST OFFICE Dennis Baker PO BOX 444 POSTMASTER Geomatics Surveying YELM WA 98597 PO Box 2550 Yelm, WA 98597 SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 GRANT BECK CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 CHIEF RITA HUTCHESON THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 BARRYLOMBARD PUGET SOUND ENERGY 3130 SOUTH 38TH STREET TACOMA WA 984095615 TIM PETERSON CITY OF YELM PUBLIC WORKS GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 RENATA IRELAND LEMAY, INC. (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 TODD STANCIL CITY OF YELM POLICE DEPARTMENT JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 LYNN PEARL THURSTON CO ASSESSOR'S OFC 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 Monday, September 12, 2005 Final Plat App m n rn m 0 0 '~ ,m m n z 0 ~ m rn -- ~ p~=P~ o ~ i : r "' #~ ~ . a ~ ~~ d l 31» ~ ~ cam ~~ 0 3 ~ F-y ~ , ~'~'y , X ~ , W ~(vp ~ ~ ~ 1 V v ~ / +J ! ~. 1 ~ f ~~ THE P Memorandum To: Barb Bange From: Tami Merriman, Assistant Planner Date: September 9, 2005 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Re: Refund overpayment of application fees Barb: Mountain Sunrise Development LLC has overpaid their final plat application fees. The fees are as follows: Final Plat Application $ 750 LID Segregation Fee $2,125 ,) ~ _ ~ ~ ~ ~~~ Y~.~C. The check was written in the amount of $2,950, which is an overpayment of $75.00. Please prepare a check to Mountain Sunrise Development LLC in the amount of $75.00 for refund of overpayment. Thank you, Tami Merriman Document4 o~~f T~ CITY OF ? YELM .., P.O. Box 479 ~' `~ ' Yelm.wA s8ss7 RECEIPT No. 3 819 8 360-458-8403 .~;\, /'L. ,~~,~ ~C•;~•, * *TWO THOUSAND NINE HUNDRED FIFTY DOLLARS & 00 CF~1~S ;~, ~~' .~ . -.,._ RECEIVED FROM DATE . REC. NO. AMOI~NT. REF. NO. MOUNTAIN SUNRISE DEV 09/09/05 38198 2.950.00 CHECK 1060 P.O. BOX ..736130 PUYALLUP WA 98373 BUDGETARY MT SUNRISE MICHELLE \ tiT SUNRISE FINAL PLAT AND LID SEGREGATION FEES A~~N ~ ~~ T~{FA~~ Cit o .'elm .~ y f Community Development Department FINAL PLAT APPLICATION YELM WASHINGTON Fee: $750.00 (In addition any professional service charges per Resolution #358) APPOINT11fENT REQUIRED FOR APPLI Subdivision Nam ~~i Fee Date Received ~~ ~ '"~ By File No. ~ cl-~~- A ~~ 75C~ .. -- ;T V ~~ ~~ ~Z cj~ ° ~i7s r TION SUBMITTAL -Please call 453835 Case # and Name of Preliminary Plat Approval~~~ '~ - ~'1~ ~" Tax Parcel Number(s) ~~~~®~i~e~~ /C~~ ~ X27/~~~jO~c~c~ SUBDIVIDER ~~Cl.~ ~.~-reel ~litl~/~, ~GC~ Name ~~~ . '~ Addr~~ / ,6-l ~~~ ~.~~-~ ~,~ ~~ s's' ~S3-- ~~ io~~~l Phone Fax bh~e~~~~ ~~w~ ~.~ . Cow E-mail b~/P.r~ c4n~ ~J~at/~~1~^ ~'~/~~ . ~~~"'' PROPERTY OWNER(S) ~~f~~ ~eri~.~~~/~/~, G ~ ~, Name Addr ss ~'~~~ Phone Fax ,~~1/~, E-mail SURVEYOR l=' ~' / Name ~~ Address Phone Fax E-Mail ENGINEER Name Address Phone Fax E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage Number of Single Family Residential Lots Number of Multifamily Residential Lots Number of Commercial Lots Number of Industrial Lots Smallest Lot Area Average Lot Area Total Acreage in Open Space Fee in Lieu of Open Space Length in Public Streets Total Acreage in Public Streets Length in Private Streets Total Acreage in Private Streets All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration. 105 }'el»~ Auenree Wesl (360) 458-3835 PO Z3ox 479 (360) 458-3144 FAX Yelnr, WA 98597 wwul.ci.yelm.wa.ue Tff~ p~+~l Ci ty o f Ye l ~n B ie N eceived ., J b wired *r- ~o=-~- ,~ r V ~j~ ~'''~.. _-~ ~_ Documents Lot Closures - 4 copies Plal Certificate, date not to exceed 30 days prior to submittal ~~Zll Warranty Agreement for all improvements ~ / ~ Deferral Agreemen - giver +af Protest Slorm Water Maintenance Agreement Water Rights Agreement ` Homeowners Agreement Summary of how all City Council conditions of approval an SEPA mitigation Have been met. LID Segregation Application Documentation of Well/Septic/Drainfield Abandonment School Mitigation Agreement A- Latecomer ayment ~al`4~- Open Space Fee t~-~..~ City fees ^'~'~ ~ Any additional items rectuired per Final Plat Application Checklist Upon staff's determination that the final plat application is complete, the information will be distributed to the reviewing departments. In approximately three weeks all comments and corrections will be returned to the project engineer for action. Following review and approval chat the final plat conforms to all applicable regulations and the conditions of approval have been satisfied the plat will be forwarded to the Planning Commission for review and a recommendation to the City Council (YMC 1G.12.300). After the City Council's receipt of the Planning Commission recommendation the Council will schedule ttie final plat for action at the next City Council meeting. Upon City Council approval, the Mayor will sign the final plat. Following the Mayor's signature the final plat will be signed by all required departments, and forwarded to Thurston County Auditor's Office for recording, as per YMC 16.12.320. As per YMC 16.04.150, the City of:Yelm's policy is to issue one building permit (if available) after City Council approval and prior to recording of said plat. Latecomer agreements for water and/or sewer can be prepared and considered by the City after final plat approval. d ~' ~++ ~.. ~;~ ~+•;. .:~~.., . YELM WAi111NrTON Coniniun.i.ty Dcuclo~)~nen.t Dc~~artmcn,t FINAL PLAT PI~OCLSS f,1~ Submit four copies of the plat map to building official for addressing. ~:~ Submit Final Punch List Application to the Community Development Department. ~3. ~~ Punchlist items addressed either by correction or entering into "Agreement for completion of Improvements and Repairs" with City of Yelm. Plat owner submits request to City for proposed items in agreement, along with estimated value. Final Plat Package (Items 1 - 3 above must be complete prior to application) ~r~ir' Completed application form with appropriate documentation and fee. 1`j~•~' ; Nlake an appointment to submit your application - (360) 458-3835 v',,. 11 copies of final plat map and 1 11X17 copy. (see Yelm Municipal Code 16.12.220-16.12.280). Maps must be folded, rolled maps will not be accepted. Documents requiring recording must be formatted consistent with Thurston County requirements (attached.) City staff will check the required box for all documents that are applicable to the individual plat. Along with this list, staff will provide the applicant with approved sample documents. The applicant must submit the appropriate document(s) or the application will be considered incomplete. !OS 1'rlnr it rrn rrr {t'rcl Irl) Ro.r 179 1"r/rn, N'A 9X.597 (.7511) •1.SR .7R.75-- u~uvr~.ri ;vrlrrr.rrn. ua BILL OF SALE (CORPORATE FoItM) THIS BILL OF .SALE is made and executed this ~ day of . 20 by and between Mountain Sunrise, LI;C , (CORPORATE NAME), hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. VVITNESSETH: That the grantor, for good and valuable consideration., the receipt of which is hereby acluiowledged, 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: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls and all sewer lines lying within dedicatedrights-of--ways and easements for the plat of Mt. Sunrise, City of Yelm's Plat No. SUB-t)2-8329-YL. IIV WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this day of 20_ ~~ Y RPORATE NAME) gy BY (Si re) (S re TPS G ~ G'G-- ITS ~. ~~) (Title) STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On the ~_ day of _, 20~ before me, a Notary Public in for the S • of Washi~ n d +y rox~~pnissioned and savorn, personally aPPe~ ~~o~~e_J~~lrm a Oar G (~,r; ~'• to m kn o be the YYYXY) mss)) of r) (CORPORATE NAME) and acknowledged the said instrument to be the fry and voluntary act and deed of said corporation,. for the uses, and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and ~~[~ffixed (if any) is the corporate seal of said corporation. R~~. WITNES social seat the da d y ve $ ~ ~~"' ' No bli in. and f e _ ': ~~ }~ s St •e ashington, residing in 1~ ~i.{~d 5yste7n accepted th{~+anaon~- dap of . 20 City of Yelm By: Director of Public Works D -12 page 1 Project: 27002 Parcel Map Check Parcel name: 1 North: 597798.3265 Line Course: S 89-31-57 E North: 597797.9185 Line Course: S 00-28-03 W North: 597697.9219 Line Course: N 89-31-57 W North: 597698.5338 Line Course: N 00-28-03 E North: 597773.5313 Curve Length: 39.27 Delta: 90-00-O1 Chord: 35.36 Course In: S 89-31-58 E RP North: 597773.3275 End North: 597798.3299 Thu June 16 13:25:49 2005 East 1118588.9178 Length: 50.00 East 1118638.9161 Length: 100.00 East 1118638.1002 Length: 75.00 East 1118563.1027 Length: 75.00 East 1118563.7146 Radius: 25.00 Tangent: 25.00 Course: N 45-28-02 E Course Out: N 00-28-03 E East 1118588.7138 East 1118588.9210 Perimeter: 339.27 Area: 7,365.87 sq. ft. 0.17 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0047 Course: N 43-21-40 E Error North: 0.00339 East 0.00320 Precision 1: 71,353.19 V page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 2 North: 597797.4700 Line Course: N 89-31-57 W North: 597797.9187 Line Course: S 00-28-03 W North: 597697.9220 Line Course: S 89-31-57 E North: 597697.4733 Line Course: N 00-28-03 E North: 597797.4700 Thu June 16 10:39:57 2005 East 1118693.9143 Length: 55.00 East 1118638.9161 Length: 100.00 East 1118638.1002 Length: 55.00 East 1118693.0983 Length: 100.00 East 1118693.9143 Perimeter: 310.00 Area: 5,500.00 sq. ft. 0.13 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 310,000,000.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 3 North: 597797.0213 Line Course: N 89-31-57 W North: 597797.4700 Line Course: S 00-28-03 W North: 597697.4734 Line Course: S 79-00-22 E North: 597686.8054 Line Course: N 00-28-03 E North: 597797.0217 Thu June 16 10:40:02 2005 East 1118748.9124 Length: 55.00 East 1118693.9143 Length: 100.00 East 1118693.0983 Length: 55.94 East 1118748.0117 Length: 110.22 East 1118748.9110 Perimeter: 321.16 Area: 5,781.05 sq. ft. 0.13 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0015 Course: N 73-20-27 W Error North: 0.00042 East -0.00142 Precision 1: 214,106.67 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 4 North: 597774.2886 Curve Length: 88.66 Delta: 29-06-34 Chord: 87.71 Course In: S 29-34-37 W RP North: 597622.5271 End North: 597797.0225 Line Course: S 00-28-03 W North: 597686.8062 Line Course: S 79-00-22 E North: 597680.5148 Line Course: N 29-34-37 E North: 597774.2939 East Radius: Tangent: Course: Course Out: East East Length: 110.22 East Length: 32.99 East Length: 107.83 East Thu June 16 10:40:05 2005 1118833.6207 174.50 45.31 N 74-58-40 W N 00-28-03 E 1118747.4889 1118748.9082 1118748.0088 1118780.3934 1118833.6174 Perimeter: 339.69 Area: 6,692.75 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0062 Course: N 31-58-44 W Error North: 0.00527 East -0.00329 Precision l: 54,637.10 v page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 5 North: 597741.6814 Curve Length: 52.86 Delta: 17-21-28 Chord: 52.66 Course In: S 46-56-05 W RP North: 597622.5273 End North: 597774.2871 Line Course: S 29-34-37 W North: 597680.5080 Line Course: S 43-03-55 E North: 597639.5811 Line Course: N 46-56-05 E North: 597698.2090 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 43-03-55 W RP North: 597716.4734 End North: 597733.5488 Line Course: N 43-03-55 W North: 597741.6802 Thu June 16 10:40:08 2005 East 1118874.9742 Radius: 174.50 Tangent: 26.64 Course: N 51-44-39 W Course Out: N 29-34-37 E East 1118747.4887 East 1118833.6228 Length: 107.83 East 1118780.3988 Length: 56.02 East 1118818.6510 Length: 85.86 East 1118881.3782 Radius: 25.00 Tangent: 25.00 Course: N 01-56-05 E Course Out: N 46-56-05 E East 1118864.3075 East 1118882.5720 Length: 11.13 East 1118874.9721 Perimeter: 352.97 Area: 7,850.75 sq. ft. 0.18 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0025 Course: S 60-36-36 W Error North: -0.00121 East -0.00214 Precision l: 139,544.00 V ~ page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 6 North: 597680.5133 Line Course: S 43-03-55 E North: 597639.5864 Line Course: S 46-56-05 W North: 597589.5417 Curve Length: 30.42 Delta: 69-42-59 Chord: 28.58 Course In: N 43-03-55 W RP North: 597607.8061 End North: 597585.4618 Curve Length: 21.28 Delta: 24-22-53 Chord: 21.12 Course In: S 26-39-04 W RP North: 597540.7741 End North: 597590.7357 Line Course: N 02-16-11 E North: 597692.1660 Line Course: S 79-00-22 E North: 597680.5102 East 111878 Length: 56.02 East Length: 73.29 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 101.51 East Length: 61.12 East Thu June 16 10:40:12 2005 0.3988 1118818.6510 1118765.1071 25.00 17.41 S 81-47-34 W S 26-39-04 W 1118748.0363 1118736.8198 50.00 10.80 N 75-32-23 W N 02-16-11 E 1118714.3920 1118716.3688 1118720.3890 1118780.3873 Perimeter: 343.64 Area: 7,532.69 sq. ft. 0.17 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0119 Course: S 74-50-16 W Error North: -0.00311 East -0.01148 Precision 1: 28,709.24 V page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 7 North: 597697.4733 Line Course: N 89-31-57 W North: 597698.1668 Line Course: S 34-O1-59 E North: 597582.2130 Curve Length: 31.68 Delta: 36-18-10 Chord: 31.15 Course In: S 34-01-59 E RP North: 597540.7773 End North: 597590.7373 Line Course: N 02-16-11 E North: 597692.1677 Line Course: N 79-00-22 W North: 597697.4711 East 111869 Length: 85.00 East Length: 139.92 East Radius: Tangent: Course: Course Out: East East Length: 101.51 East Length: 27.81 East Thu June 16 10:40:15 2005 3.0985 1118608.1013 1118686.4105 50.00 16.39 N 74-07-06 E N 02-16-11 E 1118714.3941 1118716.3715 1118720.3917 1118693.0920 Perimeter: 385.93 Area: 7,942.37 sq. ft. 0.18 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0068 Course: S 71-38-11 W Error North: -0.00214 East -0.00646 Precision 1: 56,675.00 f page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 8 North: 597698.1667 Line Course: S 34-01-59 E North: 597582.2129 Curve Length: 30.69 Delta: 35-10-23 Chord: 30.21 Course In: S 34-01-59 E RP North: 597540.7772 End North: 597558.5311 Line Course: N 69-12-22 W North: 597598.5439 Line Course: N 00-28-03 E North: 597698.5406 Line Course: 5 89-31-57 E North: 597698.1734 East 111860 Length: 139.92 East Radius: Tangent: Course: Course Out: East East Length: 112.71 East Length: 100.00 East Length: 45.00 East Thu June 16 10:40:17 2005 8.1013 1118686.4105 50.00 15.85 S 38-22-49 W N 69-12-22 W 1118714.3941 1118667.6538 1118562.2853 1118563.1012 1118608.0997 Perimeter: 428.32 Area: 10,383.09 sq. ft. 0.24 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0069 Course: N 13-09-19 W Error North: 0.00675 East -0.00158 Precision l: 62,005.80 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 9 North: 597598.5371 Line Course: S 69-12-22 E North: 597558.5242 Curve Length: 31.36 Delta: 35-55-58 Chord: 30.85 Course In: 5 69-12-22 E RP North: 597540.7739 End North: 597527.7118 Line Course: S 69-29-34 W North: 597490.0133 Line Course: N 11-47-14 W North: 597495.5637 Curve Length: 25.67 Delta: 12-15-17 Chord: 25.62 Course In: N 78-12-46 E RP North: 597520.0770 End North: 597521.0588 Line Course: N 00-28-03 E North: 597598.5262 East 111856 Length: 112.71 East Radius: Tangent: Course: Course Out: East East Length: 107.61 East Length: 5.67 East Radius: Tangent: Course: Course Out: East East Length: 77.47 East Thu July 07 13:04:57 2005 2.2871 1118667.6555 50.00 16.21 S 02-49-39 W S 74-51-40 W 1118714.3987 1118666.1337 1118565.3432 1118564.1849 120.00 12.88 N 05-39-36 W N 89-31-57 W 1118681.6545 1118561.6582 1118562.2903 Perimeter: 360.49 Area: 7,301.56 sq. ft. 0.17 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0113 Course: S 16-22-32 E Error North: -0.01088 East 0.00320 Precision 1: 31,852.21 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 10 North: 597396.5992 Line Course: N 28-12-33 E North: 597509.8458 Curve Length: 20.14 Delta: 23-04-26 Chord: 20.00 Course In: N 51-47-14 E RP North: 597540.7750 End North: 597527.7170 Line Course: S 69-29-34 W North: 597490.0185 Line Course: S 11-47-14 E North: 597390.6980 Line Course: N 78-12-46 E North: 597396.6036 East 111861 Length: 128.51 East Radius: Tangent: Course: Course Out: East East Length: 107.61 East Length: 101.46 East Length: 28.91 East Thu July 14 07:44:45 2005 4.3647 1118675.1103 50.00 10.21 N 26-40-33 W S 74-51-40 W 1118714.3963 1118666.1315 1118565.3410 1118586.0670 1118614.3673 Perimeter: 386.63 Area: 8,136.15 sq. ft. 0.19 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0052 Course: N 30-34-29 E Error North: 0.00444 East 0.00263 Precision l: 74,325.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 11 North: 597403.5266 Line Course: S 43-03-55 E North: 597330.4690 Line Course: S 48-40-03 W North: 597248.4108 Line Course: N 11-47-14 W North: 597390.6958 Line Course: N 78-12-46 E North: 597396.6015 Line Course: N 28-12-33 E North: 597509.8481 Curve Length: 20.58 Delta: 23-34-41 Chord: 20.43 Course In: N 51-47-14 E RP North: 597540.7773 End North: 597496.7165 Line Course: S 28-12-33 W North: 597403.5266 East 111864 Length: 100.00 East Length: 124.25 East Length: 145.35 East Length: 28.91 East Length: 128.51 East Radius: Tangent: Course: Course Out: East East Length: 105.75 East Thu July 07 13:05:03 2005 0.7762 1118709.0593 1118615.7613 1118586.0695 1118614.3699 1118675.1155 50.00 10.44 S 50-00-07 E S 28-12-33 W 1118714.4014 1118690.7662 1118640.7791 Perimeter: 653.34 Area: 12,600.54 sq. ft. 0.29 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0029 Course: N 89-22-04 E Error North: 0.00003 East 0.00288 Precision l: 225,241.38 ~f page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 12 North: 597403.5266 Line Course: S 43-03-55 E North: 597330.4690 Line Course: N 46-56-05 E North: 597374.8530 Line Course: N 43-03-55 W North: 597448.5828 Line Course: N 28-12-33 E North: 597490.9434 Curve Length: 20.58 Delta: 23-34-42 Chord: 20.43 Course In: N 04-37-51 E RP North: 597540.7802 End North: 597496.7185 Line Course: S 28-12-33 W North: 597403.5286 East 111864 Length: 100.00 East Length: 65.00 East Length: 100.92 East Length: 48.07 East Radius: Tangent: Course: Course Out: East East Length: 105.75 East Thu June 16 10:40:27 2005 0.7762 1118709.0593 1118756.5467 1118687.6354 1118710.3577 50.00 10.44 N 73-34-48 W S 28-12-33 W 1118714.3945 1118690.7610 1118640.7738 Perimeter: 440.31 Area: 8,053.50 sq. ft. 0.18 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0031 Course: N 49-49-13 W Error North: 0.00201 East -0.00238 Precision l: 141,990.32 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 13 North: 597448.5797 Line Course: S 43-03-55 E North: 597374.8500 Line Course: N 46-56-05 E North: 597416.8782 Line Course: N 43-03-55 W North: 597493.2965 Curve Length: 20.00 Delta: 22-55-06 Chord: 19.87 Course In: N 18-17-15 W RP North: 597540.7712 End North: 597490.9341 Line Course: S 28-12-33 W North: 597448.5734 East 111868 Length: 100.92 East Length: 61.55 East Length: 104.60 East Radius: Tangent: Course: Course Out: East East Length: 48.07 East Thu June 16 11:41:51 2005 7.6383 1118756.5496 1118801.5165 1118730.0924 50.00 10.14 S 83-10-18 W S O4-37-51 W 1118714.4031 1118710.3633 1118687.6411 Perimeter: 335.13 Area: 6,702.27 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0069 Course: S 23-58-30 E Error North: -0.00629 East 0.00280 Precision 1: 48,552.17 ~~ page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 14 North: 597504.2460 Curve Length: 21.62 Delta: 24-46-40 Chord: 21.45 Course In: N 43-03-55 W RP North: 597540.7748 End North: 597493.3024 Line Course: S 43-03-55 E North: 597416.8842 Line Course: N 46-56-05 E North: 597457.8540 Line Course: N 43-03-55 W North: 597530.9117 Line Course: S 46-56-05 W North: 597504.2539 Thu June 16 10:40:32 2005 East 1118748.5377 Radius: 50.00 Tangent: 10.98 Course: S 59-19-25 W Course Out: S 18-17-15 E East 1118714.3961 East 1118730.0893 Length: 104.60 East 1118801.5135 Length: 60.00 East 1118845.3480 Length: 100.00 East 1118777.0649 Length: 39.04 East 1118748.5432 Perimeter: 325.27 Area: 6,031.54 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0097 Course: N 34-58-19 E Error North: 0.00795 East 0.00556 Precision 1: 33,514.43 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 15 North: 597530.9071 Line Course: N 46-56-05 E North: 597571.8769 Line Course: S 43-03-55 E North: 597498.8193 Line Course: S 46-56-05 W North: 597457.8494 Line Course: N 43-03-55 W North: 597530.9071 Thu June 16 10:40:34 2005 East 1118777.0629 Length: 60.00 East 1118820.8974 Length: 100.00 East 1118889.1805 Length: 60.00 East 1118845.3460 Length: 100.00 East 1118777.0629 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 320,000,000.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 16 North: 597612.8470 Line Course: S 46-56-05 W North: 597571.8771 Line Course: S 43-03-55 E North: 597498.8195 Line Course: N 46-56-05 E North: 597539.7894 Line Course: N 43-03-55 W North: 597612.8470 Thu June 16 10:40:36 2005 East 1118864.7319 Length: 60.00 East 1118820.8973 Length: 100.00 East 1118889.1804 Length: 60.00 East 1118933.0150 Length: 100.00 East 1118864.7319 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 320,000,000.00 `: page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 17 North: 597539.7895 Line Course: N 43-03-55 W North: 597612.8471 Line Course: N 46-56-05 E North: 597653.8170 Line Course: S 43-03-55 E North: 597580.7593 Line Course: S 46-56-05 W North: 597539.7895 Thu June 16 10:40:39 2005 East 1118933.0151 Length: 100.00 East 1118864.7320 Length: 60.00 East 1118908.5666 Length: 100.00 East 1118976.8497 Length: 60.00 East 1118933.0151 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 320,000,000.00 ~' page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 18 North: 597653.8169 Line Course: N 46-56-05 E North: 597694.7868 Line Course: S 43-03-55 E North: 597621.7292 Line Course: S 46-56-05 W North: 597580.7593 Line Course: N 43-03-55 W North: 597653.8169 Thu June 16 10:40:41 2005 East 1118908.5663 Length: 60.00 East 1118952.4009 Length: 100.00 East 1119020.6840 Length: 60.00 East 1118976.8495 Length: 100.00 East 1118908.5663 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 320,000,000.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 19 North: 597749.4135 Line Course: S 46-56-05 W North: 597708.4436 Line Course: S 43-03-55 E North: 597635.3860 Line Course: N 46-56-05 E North: 597676.3559 Line Course: N 43-03-55 W North: 597749.4135 Thu June 16 10:40:45 2005 East 1119010.8468 Length: 60.00 East 1118967.0123 Length: 100.00 East 1119035.2954 Length: 60.00 East 1119079.1300 Length: 100.00 East 1119010.8468 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 320,000,000.00 r 4 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 20 North: 597749.4135 Line Course: S 43-03-55 E North: 597676.3559 Line Course: N 46-56-05 E North: 597717.3257 Line Course: N 43-03-55 W North: 597790.3833 Line Course: S 46-56-05 W North: 597749.4135 Thu June 16 10:40:50 2005 East 1119010.8468 Length: 100.00 East 1119079.1300 Length: 60.00 East 1119122.9645 Length: 100.00 East 1119054.6814 Length: 60.00 East 1119010.8468 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 320,000,000.00 1 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 21 North: 597813.1349 Curve Length: 26.66 Delta: 11-58-53 Chord: 26.61 Course In: N 43-03-55 W RP North: 597906.2834 End North: 597833.2349 Line Course: S 54-11-29 E North: 597771.9478 Line Course: S 46-56-05 W North: 597717.3213 Line Course: N 43-03-55 w North: 597790.3789 Line Course: N 46-56-05 E North: 597813.1308 East Radius: Tangent: Course: Course Out: East East Length: 104.75 East Length: 80.00 East Length: 100.00 East Length: 33.32 East ; Thu June 16 10:40:52 2005 1119079.0236 127.50 13.38 N 40-56-38 E S 55-02-48 E 1118991.9626 1119096.4616 1119181.4114 1119122.9653 1119054.6822 1119079.0250 Perimeter: 344.73 Area: 7,041.84 sq. ft. 0.16 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0043 Course: S 18-22-46 E Error North: -0.00411 East 0.00137 Precision l: 80,158.14 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 22 North: 597833.2374 Curve Length: 46.82 Delta: 21-02-29 Chord: 46.56 Course In: N 55-02-48 W RP North: 597906.2833 End North: 597875.6279 Line Course: S 75-41-23 E North: 597840.2352 Line Course: S 46-56-05 W North: 597771.9521 Line Course: N 54-11-29 W North: 597833.2392 East Radius: Tangent: Course: Course Out: East East Length: 143.19 East Length: 100.00 East Length: 104.75 East Thu June 16 10:40:56 2005 1119096.4639 127.50 23.68 N 24-25-57 E S 76-05-17 E 1118991.9625 1119115.7221 1119254.4691 1119181.4115 1119096.461E Perimeter: 394.76 Area: 8,353.82 sq. ft. 0.19 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0028 Course: N 49-51-17 W Error North: 0.00181 East -0.00214 Precision 1: 140,892.86 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 23 North: 597895.1798 Curve Length: 19.84 Delta: 8-54-58 Chord: 19.82 Course In: N 85-00-15 W RP North: 597906.2829 End North: 597875.6290 Line Course: S 75-41-23 E North: 597840.2363 Line Course: N 46-56-05 E North: 597913.7977 Curve Length: 77.58 Delta: 1-38-47 Chord: 77.58 Course In: S 43-52-13 W RP North: 595967.3388 End North: 597966.7607 Line Course: S 40-37-14 W North: 597887.0997 Line Course: N 84-49-14 W North: 597895.1821 East Radius: Tangent: Course: Course Out: East East Length: 143.19 East Length: 107.73 East Radius: Tangent: Course: Course Out: East East Length: 104.95 East Length: 89.53 East Thu June 16 10:41:00 2005 1119118.9780 127.50 9.94 S 09-27-14 W S 76-05-17 E 1118991.9624 1119115.7225 1119254.4696 1119333.1745 2700.00 38.80 N 46-57-10 W N 42-13-26 E 1117461.9991 1119276.4724 1119208.1451 1119118.9807 Perimeter: 542.83 Area: 10,940.97 sq. ft. 0.25 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0034 Course: N 49-11-31 E Error North: 0.00225 East 0.00261 Precision l: 159,650.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 24 North: 597887.0973 Line Course: N 84-49-14 W North: 597895.1796 Curve Length: 19.83 Delta: 8-54-40 Chord: 19.81 Course In: N 85-00-15 W RP North: 597906.2828 End North: 597914.9888 Line Course: N 86-02-55 E North: 597917.4743 Line Course: N 40-37-14 E North: 598006.5854 Curve Length: 60.02 Delta: 1-16-25 Chord: 60.01 Course In: S 40-57-01 W RP North: 595967.3331 End North: 597966.7532 Line Course: S 40-37-14 W North: 597887.0922 East 111920 Length: 89.53 East Radius: Tangent: Course: Course Out: East East Length: 36.07 East Length: 117.40 East Radius: Tangent: Course: Course Out: East East Length: 104.95 East Thu June 16 10:41:04 2005 8.1428 1119118.9784 127.50 9.94 N 00-32-25 E N 86-05-05 E 1118991.9627 1119119.1652 1119155.1494 1119231.5823 2700.00 30.01 S 48-24-46 E N 42-13-26 E 1117461.9919 1119276.4665 1119208.1392 Perimeter: 427.80 Area: 8,168.54 sq. ft. 0.19 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0063 Course: S 35-04-54 W Error North: -0.00513 East -0.00360 Precision l: 67,900.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 25 North: 597917.4749 Line Course: S 86-02-55 W North: 597914.9893 Curve Length: 42.54 Delta: 19-06-53 Chord: 42.34 Course In: 5 86-05-05 W RP North: 597906.2835 End North: 597956.1642 Line Course: N 39-23-11 E North: 598047.0168 Curve Length: 62.52 Delta: 1-19-36 Chord: 62.52 Course In: S 39-37-25 W RP North: 595967.3404 End North: 598006.5903 Line Course: S 40-37-14 W North: 597917.4793 East 111915 Length: 36.07 East Radius: Tangent: Course: Course Out: East East Length: 117.55 East Radius: Tangent: Course: Course Out: East East Length: 117.40 East Thu June 16 10:41:07 2005 x.1510 1119119.1668 127.50 21.47 N 13-28-21 W N 66-58-12 E 1118991.9643 1119109.3024 1119183.8934 2700.00 31.26 S 49-42-47 E N 40-57-O1 E 1117461.9915 1119231.5847 1119155.1518 Perimeter: 376.09 Area: 7,906.53 sq. ft. 0.18 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0045 Course: N 10-11-39 E Error North: 0.00438 East 0.00079 Precision 1: 83,528.89 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 26 North: 597956.1626 Line Course: N 39-23-11 E North: 598047.0152 Curve Length: 61.59 Delta: 1-18-25 Chord: 61.59 Course In: S 39-37-25 W RP North: 595967.3389 End North: 598085.7500 Line Course: S 38-10-14 W North: 598005.0570 Curve Length: 61.76 Delta: 27-45-05 Chord: 61.15 Course In: S 39-13-07 W RP North: 597906.2778 End North: 597956.1599 East 111910 Length: 117.55 East Radius: Tangent: Course: Course Out: East East Length: 102.64 East Radius: Tangent: Course: Course Out: East East Thu June 16 10:41:10 2005 9.3008 1119183.8918 2700.00 30.80 N 51-01-48 W N 38-19-00 E 1117461.9899 1119136.0071 1119072.5751 127.50 31.50 S 36-54-20 E N 66-58-12 E 1118991.9593 1119109.2956 Perimeter: 343.54 Area: 6,507.50 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0059 Course: S 62-04-02 W Error North: -0.00279 East -0.00526 Precision 1: 58,123.73 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 27 North: 598085.7527 Curve Length: 62.20 Delta: 1-19-12 Chord: 62.20 Course In: S 38-19-00 W RP North: 595967.3434 End North: 598123.7525 Line Course: S 36-56-34 W North: 598041.6549 Curve Length: 57.56 Delta: 1-10-40 Chord: 57.56 Course In: S 36-56-34 W RP North: 595803.7937 End North: 598006.5894 Curve Length: 2.44 Delta: 1-05-53 Chord: 2.44 Course In: S 38-07-14 W RP North: 597906.2834 End North: 598005.0648 Line Course: N 38-10-14 E North: 598085.7578 East Radius: Tangent: Course: Course Out: East East Length: 102.72 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 102.64 East Thu June 16 10:41:14 2005 1119136.0078 2700.00 31.10 N 52-20-36 W N 36-59-48 E 1117461.9881 1119086.7649 1119025.0285 2800.00 28.78 S 52-28-06 E N 38-07-14 E 1117342.1805 1119070.6745 127.50 1.22 S 51-19-50 E N 39-13-07 E 1118991.9664 1119072.5796 1119136.0115 Perimeter: 327.56 Area: 6,273.62 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0063 Course: N 36-34-43 E Error North: 0.00505 East 0.00375 Precision 1: 51,993.65 page 1 BENUM YELM PROJECT- CRIPPEN, PM t~, Project: 27002 Parcel Map Check Parcel name: 28 North: 598041.6525 Curve Length: 60.00 Delta: 1-13-40 Chord: 60.00 Course In: S 36-56-34 w RP North: 595803.7912 End North: 598077.1976 Line Course: N 35-42-54 E North: 598160.6073 Curve Length: 62.20 Delta: 1-19-12 Chord: 62.20 Course In: S 35-40-36 W RP North: 595967.3403 End North: 598123.7520 Line Course: S 36-56-34 W North: 598041.6544 East Radius: Tangent: Course: Course Out: East East Length: 102.73 East Radius: Tangent: Course: Course Out: East East Length: 102.72 East Thu June 16 10:41:17 2005 1119025.0274 2800.00 30.00 N 53-40-16 W N 35-42-54 E 1117342.1795 1118976.6896 1119036.6586 2700.00 31.10 S 53-39-48 E N 36-59-48 E 1117461.9904 1119086.7638 1119025.0273 Perimeter: 327.66 Area: 6,277.24 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0020 Course: N 01-57-37 W Error North: 0.00198 East -0.00007 Precision l: 163,825.00 j page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 29 North: 598196.2988 Curve Length: 62.20 Delta: 1-19-12 Chord: 62.20 Course In: S 34-21-24 W RP North: 595967.3393 End North: 598160.6076 Line Course: S 35-42-54 W North: 598077.1979 Curve Length: 60.00 Delta: 1-13-40 Chord: 60.00 Course In: S 35-42-54 W RP North: 595803.7919 End North: 598111.6992 Line Course: N 34-29-14 E North: 598196.3005 East Radius: Tangent: Course: Course Out: East East Length: 102.73 East Radius: Tangent: Course: Course Out: East East Length: 102.64 East Thu June 16 10:41:21 2005 1118985.7188 2700.00 31.10 S 54-59-00 E N 35-40-36 E 1117461.9932 1119036.6596 1118976.6906 2800.00 30.00 N 54-53-56 W N 34-29-14 E 1117342.1800 1118927.6023 1118985.7194 Perimeter: 327.57 Area: 6,274.66 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0017 Course: N 20-27-48 E Error North: 0.00162 East 0.00061 Precision 1: 192,688.24 ,f page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 30 North: 598196.2988 Curve Length: 62.20 Delta: 1-19-12 Chord: 62.20 Course In: S 34-21-24 W RP North: 595967.3393 End North: 598230.8072 Line Course: S 33-15-34 W North: 598145.1389 Curve Length: 60.00 Delta: 1-13-40 Chord: 60.00 Course In: S 33-15-34 W RP North: 595803.7908 End North: 598111.6974 Line Course: N 34-29-14 E North: 598196.2986 East Radius: Tangent: Course: Course Out: East East Length: 102.45 East Radius: Tangent: Course: Course Out: East East Length: 102.64 East Thu June 16 10:41:24 2005 1118985.7188 2700.00 31.10 N 56-18-12 W N 33-02-12 E 1117461.9932 1118933.9692 1118877.7825 2800.00 30.00 S 56-07-36 E N 34-29-14 E 1117342.1754 1118927.5988 1118985.7158 Perimeter: 327.29 Area: 6,265.85 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0029 Course: S 86-14-42 W Error North: -0.00019 East -0.00294 Precision l: 112,858.62 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 31 North: 598264.1086 Curve Length: 62.19 Delta: 1-19-11 Chord: 62.19 Course In: S 31-43-01 W RP North: 595967.3383 End North: 598230.8067 Line Course: S 33-15-34 W North: 598145.1384 Curve Length: 60.00 Delta: 1-13-40 Chord: 60.00 Course In: S 33-15-34 W RP North: 595803.7903 End North: 598177.5049 Line Course: N 32-O1-54 E North: 598264.1115 East Radius: Tangent: Course: Course Out: East East Length: 102.45 East Radius: Tangent: Course: Course Out: East East Length: 102.16 East Thu June 16 10:41:27 2005 1118881.4476 2700.00 31.10 S 57-37-23 E N 33-02-12 E 1117461.9949 1118933.9698 1118877.7830 2800.00 30.00 N 57-21-16 W N 32-O1-54 E 1117342.1760 1118827.2616 1118881.4460 Perimeter: 326.80 Area: 6,250.82 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0033 Course: N 28-59-38 W Error North: 0.00289 East -0.00160 Precision l: 99,030.30 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 32 North: 598264.1086 Curve Length: 79.85 Delta: 1-41-40 Chord: 79.85 Course In: S 31-43-01 W RP North: 595967.3383 End North: 598305.0787 Line Course: S 21-15-34 W North: 598205.8076 Curve Length: 41.67 Delta: 10-23-36 Chord: 41.61 Course In: S 21-15-34 W RP North: 597991.7298 End North: 598187.2698 Curve Length: 18.52 Delta: 0-22-44 Chord: 18.51 Course In: S 31-39-10 W RP North: 595803.7869 End North: 598177.5043 Line Course: N 32-O1-54 E North: 598264.1109 East Radius: Tangent: Course: Course Out: East East Length: 106.52 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 102.16 East Thu June 16 10:41:31 2005 1118881.4476 2700.00 39.93 N 59-07-49 w N 30-O1-21 E 1117461.9949 1118812.9095 1118774.2862 229.71 20.89 5 63-32-38 E N 31-39-10 E 1118690.9953 1118811.5387 2800.00 9.25 5 58-09-28 E N 32-01-54 E 1117342.1820 1118827.2630 1118881.4474 Perimeter: 348.70 Area: 7,206.75 sq. ft. 0.17 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0023 Course: N 05-40-33 W Error North: 0.00230 East -0.00023 Precision 1: 151,586.96 ~%~ page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 33 North: 598350.7500 Curve Length: 94.14 Delta: 1-59-52 Chord: 94.14 Course In: S 28-01-29 W RP North: 595967.3387 End North: 598305.0761 Line Course: S 21-15-34 W North: 598205.8050 Curve Length: 60.00 Delta: 14-57-56 Chord: 59.83 Course In: S 21-15-34 w RP North: 597991.7272 End North: 598220.0528 Line Course: N 06-17-38 E North: 598350.7503 East Radius: Tangent: Course: Course Out: East East Length: 106.52 East Radius: Tangent: Course: Course Out: East East Length: 131.49 East Thu June 16 10:41:34 2005 1118730.5962 2700.00 47.08 S 60-58-35 E N 30-01-21 E 1117461.9944 1118812.9141 1118774.2908 229.71 30.17 N 76-13-24 W N 06-17-38 E 1118690.9999 1118716.1820 1118730.5971 Perimeter: 392.15 Area: 8,815.29 sq. ft. 0.20 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0009 Course: N 74-36-07 E Error North: 0.00024 East 0.00087 Precision 1: 435,533.33 j~ BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 34 North: 598350.7500 Line Course: S 06-17-38 W North: 598220.0526 Curve Length: 23.36 Delta: 5-49-35 Chord: 23.35 Course In: S 06-17-38 W RP North: 597991.7271 End North: 598221.4295 Line Course: N 89-31-57 W North: 598221.7191 Line Course: N 00-28-03 E North: 598357.8746 Line Course: N 29-23-12 E North: 598381.2088 Curve Length: 66.38 Delta: 1-24-31 Chord: 66.37 Course In: S 26-36-58 W RP North: 595967.3324 End North: 598350.7470 East 111873 Length: 131.49 East Radius: Tangent: Course: Course Out: East East Length: 35.50 East Length: 136.16 East Length: 26.78 East Radius: Tangent: Course: Course Out: East East page 1 Thu June 16 10:41:38 2005 0.5962 1118716.1812 229.71 11.69 N 86-37-10 w N 00-28-03 E 1118690.9984 1118692.8718 1118657.3730 1118658.4839 1118671.6249 2700.00 33.19 S 62-40-46 E N 28-01-29 E 1117461.9966 1118730.5915 Perimeter: 419.66 Area: 9,639.65 sq. ft. 0.22 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0056 Course: S 57-09-29 W Error North: -0.00301 East -0.00466 Precision l: 74,937.50 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 35 North: 598381.2134 Curve Length: 99.18 Delta: 2-06-17 Chord: 99.18 Co urse In: S 26-36-58 W RP North: 595967.3370 En d North: 598424.0113 Line Course: S 39-44-04 W North: 598408.0542 Line Course: S 00-28-03 W North: 598322.4471 Line Course: S 89-31-57 E North: 598321.8759 Line Course: S 00-28-03 W North: 598221.8792 Line Course: S 89-31-57 E North: 598221.7161 Line Course: N 00-28-03 E North: 598357.8715 Line Course: N 29-23-12 E North: 598381.2057 Thu June 16 10:41:41 2005 East 1118671.6262 Radius: 2700.00 Tangent: 49.60 Course: N 64-26-10 W Course Out: N 24-30-41 E East 1117461.9979 East 1118582.1555 Length: 20.75 East 1118568.8915 Length: 85.61 East 1118568.1929 Length: 70.00 East 1118638.1906 Length: 100.00 East 1118637.3747 Length: 20.00 East 1118657.3740 Length: 136.16 East 1118658.4850 Length: 26.78 East 1118671.6260 Perimeter: 558.48 Area: 9,882.32 sq. ft. 0.23 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0077 Course: S 02-00-33 W Error North: -0.00771 East -0.00027 Precision 1: 72,529.87 page 1 Project: 27002 Parcel Map Check Parcel name: 36 North: 598322.4527 Line Course: S 89-31-57 E North: 598321.8816 Line Course: S 00-28-03 W North: 598221.8849 Line Course: N 89-31-57 W North: 598222.2521 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-28-03 E RP North: 598247.2512 End North: 598247.4585 Line Course: N 00-28-03 E North: 598322.4560 Thu June 16 13:25:55 2005 East 1118568.1927 Length: 70.00 East 1118638.1904 Length: 100.00 East 1118637.3744 Length: 45.00 East 1118592.3759 Radius: 25.00 Tangent: 25.00 Course: N 44-31-57 W Course Out: N 89-31-57 W East 1118592.5799 East 1118567.5775 Length: 75.00 East 1118568.1894 Perimeter: 329.27 Area: 6,865.87 sq. ft. 0.16 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0047 Course: N 44-31-57 W Error North: 0.00332 East -0.00327 Precision l: 69,225.53 page 1 Project: 27002 Parcel Map Check Parcel name: 37 North: 598171.2538 Curve Length: 39.27 Delta: 90-00-02 Chord: 35.36 Course In: S 00-28-03 W RP North: 598146.2546 End North: 598146.4552 Line Course: S 00-28-03 W North: 598099.5168 Line Course: S 89-31-57 E North: 598098.7009 Line Course: N 00-28-03 E North: 598145.6393 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 89-31-57 W RP North: 598145.8433 End North: 598170.8458 Line Course: N 89-31-57 W North: 598171.2537 Leng Leng Len Len East Radius: Tangent: Course: Course Out: East East the 46.94 East the 100.00 East gth: 46.94 East Radius: Tangent: Course: Course Out: East East gth: 50.00 East Thu June 16 13:26:02 2005 1118591.9601 25.00 25.00 S 45-28-02 W N 89-31-59 W 1118591.7561 1118566.7537 1118566.3707 1118666.3674 1118666.7504 25.00 25.00 N 44-31-57 W N 00-28-03 E 1118641.7512 1118641.9519 1118591.9536 Perimeter: 322.42 Area: 6,925.72 sq. ft. 0.16 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0065 Course: S 89-23-39 w Error North: -0.00007 East -0.00647 Precision l: 48,400.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 38 North: 598099.5204 Line Course: S 89-31-57 E North: 598098.7045 Line Course: S 00-28-03 W North: 598038.7065 Line Course: N 89-31-57 W North: 598039.5224 Line Course: N 00-28-03 E North: 598099.5204 Thu June 16 10:41:51 2005 East 1118566.3740 Length: 100.00 East 1118666.3707 Length: 60.00 East 1118665.8811 Length: 100.00 East 1118565.8845 Length: 60.00 East 1118566.3740 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision 1: 320,000,000.00 1/ page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 39 North: 598039.5224 Line Course: S 00-28-03 W North: 597979.5244 Line Course: S 89-31-57 E North: 597978.7085 Line Course: N 00-28-03 E North: 598038.7065 Line Course: N 89-31-57 W North: 598039.5224 Thu June 16 10:41:54 2005 East 1118565.8846 Length: 60.00 East 1118565.3950 Length: 100.00 East 1118665.3917 Length: 60.00 East 1118665.8812 Length: 100.00 East 1118565.8846 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 320,000,000.00 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 40 North: 597979.5244 Line Course: S 00-28-03 W North: 597919.5264 Line Course: S 89-31-57 E North: 597918.7105 Line Course: N 00-28-03 E North: 597978.7085 Line Course: N 89-31-57 W North: 597979.5244 page 1 Thu June 16 10:41:57 2005 East 1118565.3951 Length: 60.00 East 1118564.9056 Length: 100.00 East 1118664.9022 Length: 60.00 East 1118665.3918 Length: 100.00 East 1118565.3951 Perimeter: 320.00 Area: 6,000.00 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 320,000,000.00 page 1 Project: 27002 Parcel Map Check Parcel name: 41 North: 597918.7107 Line Course: N 89-31-57 W North: 597919.5266 Line Course: S 00-28-03 W North: 597874.5281 Curve Length: 39.27 Delta: 89-59-58 Chord: 35.36 Course In: S 89-31-59 E RP North: 597874.3243 End North: 597849.3217 Line Course: S 89-31-57 E North: 597848.9138 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-28-03 E RP North: 597873.9129 End North: 597873.7122 Line Course: N 00-28-03 E North: 597918.7107 East 1118664.9023 Length: 100.00 Thu June 16 13:26:07 2005 East 1118564.9057 Length: 45.00 East Radius: Tangent: Course: Course Out: East East 1118564.5385 25.00 25.00 S 44-31-58 E S 00-28-03 W 1118589.5377 1118589.3371 Length: 50.00 East Radius: Tangent: Course: Course Out: East East 1118639.3354 25.00 25.00 N 45-28-03 E S 89-31-57 E 1118639.5394 1118664.5419 Length: 45.00 East 1118664.9090 Perimeter: 318.54 Area: 6,731.75 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0067 Course: N 89-25-59 E Error North: 0.00007 East 0.00671 Precision l: 46,376.12 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 42 North: 598070.9079 Line Course: S 55-17-48 E North: 597990.9687 Line Course: S 34-42-12 W North: 597967.4728 Line Course: N 89-31-57 W North: 597968.2887 Line Course: N 00-28-03 E North: 598070.9053 Thu June 16 10:42:04 2005 East 1118717.1456 Length: 140.41 East 1118832.5782 Length: 28.58 East 1118816.3069 Length: 100.00 East 1118716.3102 Length: 102.62 East 1118717.1475 Perimeter: 371.60 Area: 7,137.14 sq. ft. 0.16 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0033 Course: S 34-50-52 E Error North: -0.00267 East 0.00186 Precision l: 112,609.09 ~~ page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 43 North: 597912.4790 Line Course: N 00-28-03 E North: 597967.4772 Line Course: N 89-31-57 W North: 597968.2931 Line Course: S 00-28-03 w North: 597913.2950 Line Course: S 89-31-57 E North: 597912.4790 Thu June 16 10:42:08 2005 East 1118815.8565 Length: 55.00 East 1118816.3053 Length: 100.00 East 1118716.3086 Length: 55.00 East 1118715.8598 Length: 100.00 East 1118815.8565 Perimeter: 310.00 Area: 5,500.00 sq. ft. 0.13 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0000 Course: S 90-00-00 E Error North: 0.00000 East 0.00000 Precision l: 310,000,000.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 44 North: 597913.2948 Line Course: S 89-31-57 E North: 597912.4789 Line Course: S 00-28-03 W North: 597837.6113 Curve Length: 66.98 Delta: 17-O1-07 Chord: 66.73 Course In: S 17-29-10 W RP North: 597622.5317 End North: 597848.0234 Line Course: N 89-31-57 W North: 597848.0968 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-28-03 E RP North: 597873.0960 End North: 597873.3033 Line Course: N 00-28-03 E North: 597913.3019 East 111871 Length: 100.00 East Length: 74.87 East Radius: Tangent: Course: Course Out: East East Length: 9.00 East Radius: Tangent: Course: Course Out: East East Length: 40.00 East Thu June 16 10:42:12 2005 5.8598 1118815.8565 1118815.2456 225.50 33.74 N 81-01-24 W N 00-28-03 E 1118747.4886 1118749.3329 1118740.3332 25.00 25.00 N 44-31-57 W N 89-31-57 W 1118740.5372 1118715.5348 1118715.8612 Perimeter: 330.13 Area: 6,581.18 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0073 Course: N 10-23-00 E Error North: 0.00717 East 0.00131 Precision l: 44,652.05 f page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 45 North: 597938.5711 Line Course: S 26-57-35 W North: 597823.5189 Curve Length: 37.29 Delta: 9-28-25 Chord: 37.24 Course In: S 26-57-35 W RP North: 597622.5250 End North: 597837.6034 Line Course: N 00-28-03 E North: 597967.4690 Line Course: N 34-42-12 E North: 597990.9650 Line Course: S 55-17-48 E North: 597938.5641 East 111890 Length: 129.08 East Radius: Tangent: Course: Course Out: East East Length: 129.87 East Length: 28.58 East Length: 92.04 East Thu June 16 10:42:16 2005 8.2409 1118849.7207 225.50 18.69 N 67-46-38 W N 17-29-10 E 1118747.4871 1118815.2469 1118816.3065 1118832.5779 1118908.2450 Perimeter: 416.85 Area: 9,676.55 sq. ft. 0.22 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0082 Course: S 29-52-17 E Error North: -0.00707 East 0.00406 Precision l: 50,830.49 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 46 North: 597938.5711 Line Course: S 26-57-35 W North: 597823.5189 Curve Length: 56.76 Delta: 14-25-21 Chord: 56.61 Course In: S 26-57-35 W RP North: 597622.5250 End North: 597791.7232 Line Course: N 41-22-56 E North: 597871.5268 Line Course: N 30-11-O1 W North: 597915.8023 Line Course: N 55-17-48 W North: 597938.5754 East 111890 Length: 129.08 East Radius: Tangent: Course: Course Out: East East Length: 106.36 East Length: 51.22 East Length: 40.00 East Thu June 16 10:42:19 2005 8.2409 1118849.7207 225.50 28.53 S 55-49-45 E N 41-22-56 E 1118747.4871 1118896.5579 1118966.8703 1118941.1183 1118908.2338 Perimeter: 383.42 Area: 8,688.86 sq. ft. 0.20 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0083 Course: N 58-59-33 W Error North: 0.00426 East -0.00709 Precision 1: 46,177.11 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 47 North: 597871.5267 Line Course: S 41-22-56 W North: 597791.7230 Curve Length: 21.85 Delta: 5-33-09 Chord: 21.84 Course In: S 41-22-56 W RP North: 597622.5267 End North: 597776.5083 Line Course: S 43-03-55 E North: 597768.3770 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 46-56-05 E RP North: 597785.4478 End North: 597767.1832 Line Course: N 46-56-05 E North: 597821.6732 Line Course: N 43-03-55 W North: 597871.5277 East 111896 Length: 106.36 East Radius: Tangent: Course: Course Out: East East Length: 11.13 East Radius: Tangent: Course: Course Out: East East Length: 79.80 East Length: 68.24 East Thu June 16 10:42:23 2005 6.8750 1118896.5626 225.50 10.93 S 45-50-30 E N 46-56-05 E 1118747.4893 1118912.2310 1118919.8309 25.00 25.00 S 88-03-55 E S 43-03-55 E 1118938.0953 1118955.1708 1119013.4708 1118966.8744 Perimeter: 326.65 Area: 6,491.32 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0012 Course: N 32-00-16 W Error North: 0.00102 East -0.00064 Precision 1: 268,941.67 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 48 North: 597850.3943 Curve Length: 119.46 Delta: 89-28-15 Chord: 107.69 Course In: N 43-03-55 W RP North: 597906.2833 End North: 597958.0049 Line Course: S 37-07-42 W North: 597862.0756 Line Course: S 43-03-55 E North: 597821.6747 Line Course: N 46-56-05 E North: 597850.3946 East Radius: Tangent: Course: Course Out: East East Length: 120.32 East Length: 55.30 East Length: 42.06 East Thu June 16 10:42:26 2005 1119044.1991 76.50 75.80 N 02-11-57 E N 47-27-50 E 1118991.9625 1119048.3315 1118975.7061 1119013.4667 1119044.1947 Perimeter: 337.14 Area: 6,515.49 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0044 Course: N 86-05-53 W Error North: 0.00030 East -0.00442 Precision l: 73,947.73 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 49 North: 597958.0013 Line Course: S 37-07-42 W North: 597862.0719 Line Course: N 43-03-55 W North: 597871.5256 Line Course: N 30-11-01 W North: 597915.8011 Line Course: N 37-07-42 E North: 597995.5297 Curve Length: 47.61 Delta: 0-59-32 Chord: 47.60 Course In: S 37-07-42 W RP North: 595803.7917 End North: 597966.4707 Curve Length: 12.48 Delta: 9-20-36 Chord: 12.46 Course In: S 38-07-14 W RP North: 597906.2871 End North: 597958.0061 East 111904 Length: 120.32 East Length: 12.94 East Length: 51.22 East Length: 100.00 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Thu June 16 10:42:29 2005 8.3317 1118975.7062 1118966.8704 1118941.1184 1119001.4786 2749.00 23.80 S 52-22-32 E N 38-07-14 E 1117342.1758 1119039.1792 76.50 6.25 S 47-12-28 E N 47-27-50 E 1118991.9544 1119048.3226 Perimeter: 344.54 Area: 6,715.43 sq. ft. 0.15 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0102 Course: N 62-18-23 W Error North: 0.00474 East -0.00904 Precision l: 33,778.43 .f page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 50 North: 597995.5266 Curve Length: 57.07 Delta: 1-11-22 Chord: 57.07 Course In: S 37-07-42 W RP North: 595803.7887 End North: 598029.5001 Line Course: S 35-56-20 W North: 597947.1107 Line Course: S 55-17-48 E North: 597915.7977 Line Course: N 37-07-42 E North: 597995.5263 East Radius: Tangent: Course: Course Out: East East Length: 101.76 East Length: 55.00 East Length: 100.00 East Thu June 16 10:42:33 2005 1119001.4856 2749.00 28.53 N 53-27-59 W N 35-56-20 E 1117342.1829 1118955.6295 1118895.9043 1118941.1204 1119001.4806 Perimeter: 313.82 Area: 5,656.44 sq. ft. 0.13 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0051 Course: S 86-17-47 W Error North: -0.00033 East -0.00504 Precision 1: 61,535.29 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 51 North: 598029.4977 Curve Length: 57.12 Delta: 1-11-26 Chord: 57.12 Course In: S 35-56-20 W RP North: 595803.7879 End North: 598062.5404 Line Course: S 34-44-54 w North: 597978.4267 Line Course: S 55-17-48 E North: 597947.1137 Line Course: N 35-56-20 E North: 598029.5031 East Radius: Tangent: Course: Course Out: East East Length: 102.37 East Length: 55.00 East Length: 101.76 East Thu June 16 10:42:37 2005 1118955.6327 2749.00 28.56 N 54-39-23 w N 34-44-54 E 1117342.1840 1118909.0400 1118850.6919 1118895.9080 1118955.6332 Perimeter: 316.25 Area: 5,726.74 sq. ft. 0.13 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0053 Course: N 05-36-27 E Error North: 0.00532 East 0.00052 Precision 1: 59,669.81 '~ page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 52 North: 598094.6060 Curve Length: 57.11 Delta: 1-11-25 Chord: 57.11 Course In: S 33-33-29 W RP North: 595803.7924 End North: 598062.5383 Line Course: S 34-44-54 W North: 597978.4246 Line Course: N 55-17-48 W North: 598009.7376 Line Course: N 33-33-29 E North: 598094.6035 East Radius: Tangent: Course: Course Out: East East Length: 102.37 East Length: 55.00 East Length: 101.84 East Thu June 16 10:42:40 2005 1118861.7741 2749.00 28.56 S 55-50-48 E N 34-44-54 E 1117342.1773 1118909.0430 1118850.6949 1118805.4788 1118861.7741 Perimeter: 316.34 Area: 5,729.32 sq. ft. 0.13 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0025 Course: S 00-51-41 E Error North: -0.00247 East 0.00004 Precision l: 126,532.00 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 53 North: 598094.6060 Curve Length: 59.68 Delta: 1-14-38 Chord: 59.67 Course In: S 33-33-29 W RP North: 595803.7924 End North: 598127.0488 Line Course: S 32-16-41 W North: 598042.4429 Line Course: S 55-17-48 E North: 598009.7408 Line Course: N 33-33-29 E North: 598094.6067 East Radius: Tangent: Course: Course Out: East East Length: 100.07 East Length: 57.44 East Length: 101.84 East Thu June 16 10:42:43 2005 1118861.7741 2749.00 29.84 N 57-03-50 W N 32-18-51 E 1117342.1773 1118811.6944 1118758.2541 1118805.4762 1118861.7715 Perimeter: 319.03 Area: 5,916.58 sq. ft. 0.14 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0027 Course: N 74-08-49 W Error North: 0.00073 East -0.00259 Precision l: 118,155.56 J page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: 54 North: 598127.0496 Curve Length: 31.73 Delta: 0-39-41 Chord: 31.73 Course In: S 32-18-51 W RP North: 595803.7881 End North: 598143.8562 Curve Length: 37.44 Delta: 12-00-18 Chord: 37.38 Course In: S 31-39-10 w RP North: 597991.7304 End North: 598160.0372 Curve Length: 47.64 Delta: 109-10-49 Chord: 40.75 Course In: S 19-38-52 W RP North: 598136.4927 End North: 598136.6974 Line Course: S 00-28-03 W North: 598070.9096 Line Course: S 55-17-48 E North: 598042.4433 Line Course: N 32-16-41 E North: 598127.0491 Len Len Len East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East gth: 65.79 East gth: 50.00 East gth: 100.07 East Thu June 16 10:42:46 2005 1118811.6931 2749.00 15.86 N 58-00-59 W N 31-39-10 E 1117342.1840 1118784.7797 178.71 18.79 N 64-20-59 W N 19-38-52 E 1118690.9980 1118751.0834 25.00 35.17 S 55-03-27 W N 89-31-57 W 1118742.6775 1118717.6795 1118717.1427 1118758.2482 1118811.6885 Perimeter: 332.67 Area: 7,243.85 sq. ft. 0.17 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0046 Course: S 83-47-24 W Error North: -0.00050 East -0.00459 Precision l: 70,808.70 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: BOUNDARY North: 598527.7517 Curve Length: 322.42 Delta: 12-32-52 Chord: 321.78 Course In: N 10-08-14 E RP North: 599976.9987 End North: 598618.6634 Line Course: N 66-47-45 W North: 598759.6870 Line Course: N 88-55-56 W North: 598759.9320 Line Course: 5 00-28-03 W North: 597521.0633 Curve Length: 25.67 Delta: 12-15-17 Chord: 25.62 Course In: S 89-31-57 E RP North: 597520.0841 End North: 597495.5682 Line Course: S 11-47-14 E North: 597224.9379 Line Course: N 51-34-45 E North: 598208.0568 Line Course: N 00-32-57 E North: 598413.3974 Line Course: N 79-51-45 W North: 598527.7483 East Radius: Tangent: Course: Course Out: East East Length: 357.92 East Length: 13.15 East Length: 1238.91 East Radius: Tangent: Course: Course Out: East East Length: 276.46 East Length: 1582.02 East Length: 205.35 East Length: 649.68 East Thu July 07 13:05:09 2005 1119222.5453 1472.23 161.86 N 73-35-20 w S 22-41-06 W 1119481.6670 1118913.8748 1118584.9082 1118571.7604 1118561.6518 120.00 12.88 S 05-39-36 E S 78-12-46 W 1118681.6478 1118564.1785 1118620.6532 1119860.1145 1119862.0827 1119222.5454 Perimeter: 4671.58 Area: 1,102,275.39 sq. ft. 25.30 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0034 Course: S 02-18-30 E Error North: -0.00339 East 0.00014 Precision 1: 1,373,791.18 page 1 Project: 27002 Parcel Map Check Parcel name: ROAD North: 597874.5277 Line Course: S 00-28-03 W North: 597773.5311 Curve Length: 39.27 Delta: 89-59-59 Chord: 35.36 Course In: S 89-31-56 E RP North: 597773.3270 End North: 597798.3295 Line Course: S 89-31-57 E North: 597797.0240 Curve Length: 141.52 Delta: 46-28-02 Chord: 137.67 Course In: S 00-28-03 W RP North: 597622.5298 End North: 597741.6854 Line Course: S 43-03-55 E North: 597733.5541 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: S 46-56-05 W RP North: 597716.4834 End North: 597698.2143 Line Course: S 46-56-05 W North: 597589.5417 Curve Length: 30.42 Delta: 69-42-59 Chord: 28.58 Course In: N 43-03-55 W RP North: 597607.8061 End North: 597585.4618 Curve Length: 217.92 Delta: 249-42-59 Chord: 82.06 Course In: S 26-39-04 W RP North: 597540.7741 End North: 597504.2422 Line Course: N 46-56-05 E North: 597813.1277 Curve Length: 219.89 Delta: 98-48-51 Chord: 193.63 Course In: N 43-03-55 W RP North: 597906.2762 End North: 598006.5775 Curve Length: 316.08 Delta: 6-28-04 East 1118564.5386 Length: 101.00 East Radius: Tangent: Course: Course Out: East East Thu June 16 13:34:41 2005 1118563.7145 25.00 25.00 N 45-28-03 E N 00-28-03 E 1118588.7136 1118588.9209 Length: 160.00 East Radius: Tangent: Course: Course Out: East East 1118748.9156 174.50 74.91 S 66-17-56 E N 46-56-05 E 1118747.4918 1118874.9738 Length: 11.13 East Radius: Tangent: Course: Course Out: East East 1118882.5737 25.00 25.00 S 01-56-05 W S 43-03-55 E 1118864.3093 1118881.3799 Length: 159.15 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East 1118765.1087 25.00 17.41 S 81-47-34 w S 26-39-04 W 1118748.0380 1118736.8214 50.00 71.78 S 08-12-26 E S 43-03-55 E 1118714.3936 1118748.5358 Length: 452.36 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: 1119079.0193 127.50 148.79 N 02-28-21 W N 38-07-14 E 1118991.9583 1119070.6661 2800.00 158.20 Chord: Course In: RP North: End North: Curve Length: Delta: Chord: Course In: RP North: End North: Line Course: North: Curve Length: Delta: Chord: Course In: RP North: End North: Line Course: North: Curve Length: Delta: Chord: Course In: RP North: End North: Line Course: North: Curve Length: Delta: Chord: Course In: RP North: End North: Line Course: North: Curve Length: Delta: Chord: Course In: RP North: End North: Line Course: North: Curve Length: Delta: Chord: Course In: RP North: End North: 315.90 S 38-07-14 W 595803.7794 598187.2581 125.03 31-11-07 123.49 S 31-39-10 W 597991.7188 598221.4214 N 89-31-57 W 598222.2414 39.27 89-59-59 35.36 N 00-28-03 E 598247.2406 598247.4478 S 00-28-03 W 598146.4511 39.27 89-59-59 35.36 S 89-31-56 E 598146.2470 598171.2496 S 89-31-57 E 598170.8416 39.27 90-00-00 35.36 S 00-28-03 W 598145.8424 598145.6351 S 00-28-03 w 597873.7042 39.27 90-00-00 35.36 N 89-31-57 W 597873.9082 597848.9057 N 89-31-57 W 597849.3137 39.27 89-59-58 35.36 N 00-28-03 E 597874.3129 597874.5201 Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 100.50 East Radius: Tangent: Course: Course Out: East East Length: 101.00 East Radius: Tangent: Course: Course Out: East East Length: 50.00 East Radius: Tangent: Course: Course Out: East East Length: 271.94 East Radius: Tangent: Course: Course Out: East East Length: 50.00 East Radius: Tangent: Course: Course Out: East East N 55-06-48 w N 31-39-10 E 1117342.1753 1118811.5381 229.71 64.10 N 73-56-23 W N 00-28-03 E 1118690.9931 1118692.8677 1118592.3711 25.00 25.00 N 44-31-58 W N 89-31-58 W 1118592.5751 1118567.5725 1118566.7484 25.00 25.00 N 45-28-03 E N 00-28-03 E 1118591.7476 1118591.9549 1118641.9532 25.00 25.00 S 44-31-57 E S 89-31-57 E 1118641.7492 1118666.7517 1118664.5328 25.00 25.00 S 45-28-03 W S 00-28-03 W 1118639.5337 1118639.3264 1118589.3280 25.00 25.00 N 44-31-58 W N 89-31-59 W 1118589.5320 1118564.5294 Perimeter: 2782.82 Area: 190,979.86 sq. ft. 4.38 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0119 Course: S 49-57-42 W Error North: -0.00766 East -0.00912 Precision l: 217,305.04 page 1 Project: 27002 Parcel Map Check Parcel name: ISLAND TO SUBTRACT OUT North: 598143.8555 Curve Length: 310.32 Delta: 6-28-04 Chord: 310.14 Course In: S 31-39-10 W RP North: 595803.7860 End North: 597966.4694 Curve Length: 131.93 Delta: 98-48-51 Chord: 116.18 Course In: S 38-07-14 W RP North: 597906.2858 End North: 597850.3976 Line Course: S 46-56-05 W North: 597767.1878 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 43-03-55 W RP North: 597785.4522 End North: 597768.3815 Line Course: N 43-03-55 W North: 597776.5129 Curve Length: 182.88 Delta: 46-28-02 Chord: 177.91 Course In: 5 46-56-05 W RP North: 597622.5344 End North: 597848.0265 Line Course: N 89-31-57 W North: 597848.1000 Curve Length: 39.27 Delta: 90-00-00 Chord: 35.36 Course In: N 00-28-03 E RP North: 597873.0991 End North: 597873.3065 Line Course: N 00-28-03 E North: 598136.7077 Curve Length: 47.64 Delta: 109-10-49 Chord: 40.75 Course In: S 89-31-57 E RP North: 598136.5037 End North: 598160.0474 Curve Length: 37.44 Delta: 12-00-18 Chord: 37.38 Course In: S 19-38-52 W East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: East East Length: 121.86 East Radius: Tangent: Course: Course Out: East East Length: 11.13 East Radius: Tangent: Course: Course Out: East East Length: 9.00 East Radius: Tangent: Course: Course Out: East East Length: 263.41 East Radius: Tangent: Course: Course Out: East East Radius: Tangent: Course: Course Out: Thu June 16 11:00:21 2005 1118784.7808 2749.00 155.32 S 55-06-48 E N 38-07-14 E 1117342.1873 1119039.1839 76.50 89.28 S 02-28-21 E S 43-03-55 E 1118991.9591 1119044.1959 1118955.1679 25.00 25.00 N 88-03-55 W S 46-56-05 W 1118938.0971 1118919.8281 1118912.2282 225.50 96.81 N 66-17-56 W N 00-28-03 E 1118747.4832 1118749.3240 1118740.3243 25.00 25.00 N 44-31-57 W N 89-31-57 W 1118740.5283 1118715.5259 1118717.6751 25.00 35.17 N 55-03-27 E N 19-38-52 E 1118742.6743 1118751.0790 178.71 18.79 S 64-20-59 E N 31-39-10 E RP North: 597991.7424 End North: 598143.8665 East 1118690.9901 East 1118784.7753 Perimeter: 1194.15 Area: 87,578.92 sq. ft. 2.01 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0122 Course: N 26-27-00 W Error North: 0.01094 East -0.00544 Precision 1: 94,957.38 page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Thu July 07 13:05:14 2005 Parcel name: TRACT A North: 597913.7958 East 1119333.1713 Curve Length: 97.59 Radius: 2700.00 Delta: 2-04-15 Tangent: 48.80 Chord: 97.58 Course: S 45-05-39 E Course In: S 43-52-13 W Course Out: N 45-56-28 E RP North: 595967.3369 East 1117461.9958 End North: 597844.9098 East 1119402.2840 Line Course: S 51-34-45 W Length: 997.65 North: 597224.9375 East 1118620.6576 Line Course: N 11-47-14 W Length: 23.97 North: 597248.4020 East 1118615.7611 Line Course: N 48-40-03 E Length: 124.25 North: 597330.4602 East 1118709.0591 Line Course: N 46-56-05 E Length: 426.55 North: 597621.7218 East 1119020.6864 Line Course: N 43-03-55 W Length: 100.00 North: 597694.7794 East 1118952.4033 Line Course: N 46-56-05 E Length: 20.00 North: 597708.4360 East 1118967.0148 Line Course: S 43-03-55 E Length: 100.00 North: 597635.3784 East 1119035.2980 Line Course: N 46-56-05 E Length: 407.73 North: 597913.7892 East 1119333.1758 Perimeter: 2297.73 Area: 58,815.41 sq. ft. 1.35 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0080 Course: S 34-24-O1 E Error North: -0.00663 East 0.00454 Precision 1: 287,216.25 page 1 Project: 27002 Parcel Map Check Parcel name: TRACT B North: 598527.7517 Curve Length: 322.42 Delta: 12-32-52 Chord: 321.78 Course In: N 10-08-14 E RP North: 599976.9987 End North: 598618.6634 Line Course: N 66-47-45 W North: 598759.6870 Line Course: N 88-55-56 W North: 598759.9320 Line Course: S 00-28-03 W North: 598408.0637 Line Course: N 39-44-04 E North: 598424.0208 Curve Length: 1009.85 Delta: 21-25-47 Chord: 1003.98 Course In: S 24-30-41 W RP North: 595967.3480 End North: 597844.9165 Line Course: N 51-34-45 E North: 598131.8630 Line Course: N 38-25-15 W North: 598226.1142 Line Course: S 84-55-32 W North: 598220.5171 Curve Length: 23.00 Delta: 26-21-17 Chord: 22.80 Course In: S 84-55-32 W RP North: 598216.0946 End North: 598242.1700 Line Course: N 58-34-15 E North: 598271.7671 Line Course: N 40-00-O1 E North: 598308.2460 Line Course: N 49-59-59 W North: 598356.6225 Line Course: N 69-44-52 W North: 598376.6198 Line Course: N 47-46-37 W North: 598483.8471 Line Course: N 79-51-45 W North: 598527.7618 East Radius: Tangent: Course: Course Out: East East Length: 357.92 East Length: 13.15 East Length: 351.88 East Length: 20.75 East Radius: Tangent: Course: Course Out: East East Length: 461.75 East Length: 120.30 East Length: 63.28 East Radius: Tangent: Course: Course Out: East East Length: 56.76 East Length: 47.62 East Length: 75.26 East Length: 57.77 East Length: 159.56 East Length: 249.50 East Thu July 07 13:31:45 2005 1119222.5453 1472.23 161.86 N 73-35-20 W S 22-41-06 W 1119481.6670 1118913.8748 1118584.9082 1118571.7604 1118568.8893 1118582.1534 2700.00 510.90 S 54-46-25 E N 45-56-28 E 1117461.9933 1119402.2839 1119764.0500 1119689.2917 1119626.2597 50.00 11.71 N 18-15-07 W N 58-34-15 E 1119576.4556 1119619.1188 1119667.5513 1119698.1610 1119640.5087 1119586.3102 1119468.1506 1119222.5457 Perimeter: 3390.77 Area: 492,164.48 sq. ft. 11.30 acres Mapcheck Closure - (Uses listed courses and chords) Error Closure: 0.0102 Course: N 02-33-44 E Error North: 0.01017 East 0.00046 Precision l: 331,770.59 `! page 1 BENUM YELM PROJECT- CRIPPEN, PM Project: 27002 Parcel Map Check Parcel name: TRACT C North: 598308.2370 Line Course: N 49-59-59 W North: 598356.6135 Line Course: N 69-44-52 W North: 598376.6108 Line Course: N 47-46-37 W North: 598483.8381 Line Course: S 79-51-45 E North: 598413.4020 Line Course: S 00-32-57 W North: 598208.0614 Line Course: S 51-34-45 W North: 598131.8613 Line Course: N 38-25-15 W North: 598226.1125 Line Course: S 84-55-32 W North: 598220.5154 Curve Length: 23.00 Delta: 26-21-17 Chord: 22.80 Course In: S 84-55-32 W RP North: 598216.0929 End North: 598242.1683 Line Course: N 58-34-15 E North: 598271.7654 Line Course: N 40-00-01 E North: 598308.2443 Thu June 16 10:43:02 2005 East 1119698.1558 Length: 75.26 East 1119640.5035 Length: 57.77 East 1119586.3050 Length: 159.56 East 1119468.1454 Length: 400.18 East 1119862.0778 Length: 205.35 East 1119860.1096 Length: 122.62 East 1119764.0408 Length: 120.30 East 1119689.2825 Length: 63.28 East 1119626.2505 Radius: 50.00 Tangent: 11.71 Course: N 18-15-07 W Course Out: N 58-34-15 E East 1119576.4465 East 1119619.1096 Length: 56.76 East 1119667.5421 Length: 47.62 East 1119698.1518 Perimeter: 1331.71 Area: 62,112.77 sq. ft. 1.43 acres Mapcheck Closure - 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Vm W NNtN00• wNN W ~ ~ ~ A q NpN NNNpN~p NN Q~Q~.~ OO ~~~A NOOOOO a00~A0~ pp ppppI'~I~.C pN ~~ O O O O U O O $ O O O x ~ \y August 9, 2005 Ms. Tami Merriman Planning Technician, City of Yelm P.O. Box 479 Yelm, WA 98597 Reference: Mountain Sunrise [Benun~/Coyne Subdivision] SUB-02-8329-YL File #27002/98 Dear Tami: ex Nngineeringa The following is a summary of how the City Council conditions of approval and SEPA mitigation measures have been met by the final plat of Mountain Sunrise, Phase 1. The summary comments offered below are presented in the order of the approval conditions first listed in the Hearing Examiner's Report and Decision approving the Preliminary Plat ordered the 25`h day of August, 2003: mil! Setbacks shall be as shown on the revised site plan dated July 17, 2003. The Applicant has designed, the City has approved, and the Applicant has installed a ten-foot wide asphalt pedestrian trail along the eastern footage of the project bordering the railroad right-of--way. The Proponent recognizes the responsibility for a transportation facility charge payment of $757.50 per dwelling unit, which is payable at time of building permit issuance. j 4. Pursuant to the mitigated DNS, the Applicant has designed and constructed a realignment of Canal Road with Wilkensen to meet City standards for intersections. ~~ 5. Improvements along the project's frontage of Wilkensen Road have been designed and constructed to neighborhood collector standards. 1 6. A bus pad has been constructed to Intercity Transit's standards. ~ 7. The local access residential road standard for all roads within the subdivision has been ~ , modified pursuant to the description contained in this condition consistent with a road section prepared by the Applicant's engineer included on the revised site plan dated July 17, 2003. 2601 South 3Sth, Suite 200 acoma,Washington 98409 (253) 473-4494 Fax: (253) 413.0599 a ~ Ms. Tami Merriman ~;~'`~'~~~ ~~ ~/'~"`"°~ August 9, 20l'15 ~ ~~ ~,~'"~ File #27002/98 ,~~'~yy Page 2 ,Wti~ ; ~t y ~ C~~ ~~ 8. Shared driveways are proposed for the lots listed in this condition as further identified on the Applicant's revised site plan dated July 17, 2003. ~~ The Applicant acknowledges this condition with respect to the timing of the issuance of building permits for lots within Phase 2. All lots have been connected to the City's water system. t1L1~ Calculations and subsequent fireflow tests have shown that required fireflows can be met through the connection of the project to the existing waterline at NP Road. So noted. i1~Y ~ All lots within the subdivision are connected to the City's S.T.E.P. sewer system. 14. The Applicant acknowledges the current rate of $2,620.00 per sewer connection payable at building permit issuance. ~- i ~- So noted. (. 16. The Applicant's engineer has designed, the City has approved and the stormwater facilities have been constructed in accordance with the current stormwater manual as adopted by the City of Yelm. Roof drainage from each lot shall be infiltrated on that lot in accordance with the approved plans. /1~8. A stormwater operation and management plan has been prepared and submitted to the Community Development Department. vY~. So noted. The storm water system shall be held in common by the Homeowner's Association. ',fib /Afire hydrant plan was submitted to the Community Development Department and approved as a part of the Civil Engineering Plans. l~" ~ Fire flow calculations and tests have been provided and submitted to the City. All hydrants meet minimum flow requirements. ~;2/ Alighting design plan was submitted and approved and street lighting has been installed or bonded in accordance with the approved plans. r. ~ U~ ~~ 23. The City has approved the Applicant's proposed subdivision name of Mountain Sunrise. ,~~ ' Street names and an addressing scheme will be included on the final plat mylars. U f tngi~n~ 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 Fax: (253) 473-0599 Ms. Tami Merriman August 9, 2005 File #27002/98 Page 3 24. The Applicant acknowledges the MDNS mitigation measures Numbers 1 and 2 with respect to the payment of the transportation facility charge and/or the realignment of t Canal Road with its intersection with Wilkensen Road. Also, a signed school mitigation agreement between the developer and the Yelm School District has been provided to the City. 25. The Applicant has prepared and submitted final landscaping and irrigation plans that include considerations along the perimeter of the project site, planters strips, open space, and stormwater facilities. The landscaping has been installed in accordance with the approved plans. Please let us know, Tami, if you need additional amplification or clarification of any of the above summary comments. ~. Crippen, P.E. Manager JHC/jlo I:\27002\Docs-Reports\Documents\27002~hc Merriman, Tami Ltr 071805.doc 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 Fax: (253) 473-0599 P~9~~x Y ~~ ~ - ~ ~~ - ~ v~ , ~a-~ i ~ ~! ~ ~.~C~-fps s~ ~/ a~ ~ 7 ~~~ h~ ~-~ ~~ ~- ~/l~ ~ ~~ y ~t~ ~~ ~ ~~-~~ I~ - _1~~ ~~o a3u~ ~ ~ ~ ~~.,~. r'os~- o~~d .~ ~s 1~,0~ ~' ~~ ~~s o~ ~ ~~ ~ ~~ ~ ~~~ 'sobs ~~e.Q•vo ~ (N-~LC ~u.~-- Vc~c- ~. I ~, _ n l ~deY Qiv/~~~ /~r~~e ~-~l ~ ~ ~ I~~~ ~ fh~1 ~ 1~,-~ Cc~2o ~ ~r,~e,~--s , m~~-~ ~ Co` ~ /9~ ~-~ ~~ Smock ma'.~~. ~- Cu~.rv'e ~~ey, ~.~,r~,c, d. Gv~~d Re~.O ~ ~c ~~2°C~ 1~1 ~-' ~ r~ Slop. ~ Vic, ~~ ~ ~ ~~ ~~ w~ ~ S .~, ~~ 2 _ ~~~(-~ y ~- ~;v~.c~p,~ar~e~+-~d- -aa..~.~. " ~, ~ ~~c~.,~• s ate- ~~.~ ~ ~;~•.dc~s ~13~ ~~' - ~~ bS ~?~er~-~ ~ A-ll a~ c~ 5u..ad~~r~. C,cT~S}-~u-c~-•vti. ~lw~n. ~ ~ ~rw~.1 CJ`~w~r~- C~~u'Z- ~- 2-'U-~J ~ ~~ ~` Zp' Z~/ b fi ~ Cdr-wv~. ~ ~' ~ ~ fit, C/~uw~ t~ o ~- Ck~~~~. ~ -r.~ ~di~yu c~ sect-i-,>.~. c~ ~~\~.c,V, ~- wti`~ ~ tae, t`~ b~ I- ~.~J l August 9, 2005 Ms. Tami Merriman Planning Technician, City of Yelm P.O. Box 479 Yelm, WA 98597 Reference: Mountain Sunrise [Benum/Coyne Subdivision] SUB-02-8329-YL File #27002/98 Dear Tami: ex Engineering The following is a summary of how the City Council conditions of approval and SEPA mitigation measures have been met by the final plat of Mountain Sunrise, Phase 1. The summary comments offered below are presented in the order of the approval conditions first listed in the Hearing Examiner's Report and Decision approving the Preliminary Plat ordered the 25th day of August, 2003: 1. Setbacks shall be as shown on the revised site plan dated July 17, 2003. 2. The Applicant has designed, the City has approved, and the Applicant has installed a ten-foot wide asphalt pedestrian trail along the eastern footage of the project bordering the railroad right-of--way. 3. The Proponent recognizes the responsibility for a transportation facility charge payment of $757.50 per dwelling unit, which is payable at time of building permit issuance. 4. Pursuant to the mitigated DNS, the Applicant has designed and constructed a realignment of Canal Road with Wilkensen to meet City standards for intersections. 5. Improvements along the project's frontage of Wilkensen Road have been designed and constructed to neighborhood collector standards. 6. A bus pad has been constructed to Intercity Transit's standards. 7. The local access residential road standard for all roads within the subdivision has been modified pursuant to the description contained in this condition consistent with a road section prepared by the Applicant's engineer included on the revised site plan dated July 17, 2003. 2601 South 35th, Suite 200 Tacoma,Washington 98409 (253) 473-4494 Fax: (253) 473-0599 Ms. Tami Merriman August 9, 2005 File #27002/98 Page 2 8. Shared driveways are proposed for the lots listed in this condition as further identified on the Applicant's revised site plan dated July 17, 2003. 9. The Applicant acknowledges this condition with respect to the timing of the issuance of building permits for lots within Phase 2. 10. All lots have been connected to the City's water system. 11. Calculations and subsequent fireflow tests have shown that required fireflows can be met through the connection of the project to the existing waterline at NP Road. 12. So noted. 13. All lots within the subdivision are connected to the City's S.T.E.P. sewer system. 14. The Applicant acknowledges the current rate of $2,620.00 per sewer connection payable at building permit issuance. 15. So noted. 16. The Applicant's engineer has designed, the City has approved and the stormwater facilities have been constructed in accordance with the current stormwater manual as adopted by the City of Yelm. 17. Roof drainage from each lot shall be infiltrated on that lot in accordance with the approved plans. 18. A stormwater operation and management plan has been prepared and submitted to the Community Development Department. 19. So noted. The storm water system shall be held in common by the Homeowner's Association. 20. Afire hydrant plan was submitted to the Community Development Department and approved as a part of the Civil Engineering Plans. 21. Fire flow calculations and tests have been provided and submitted to the City. All hydrants meet minimum flow requirements. 22. Alighting design plan was submitted and approved and street lighting has been installed or bonded in accordance with the approved plans. 23. The City has approved the Applicant's proposed subdivision name of Mountain Sunrise. Street names and an addressing scheme will be included on the final plat mylars. P9ex 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 Fax: (253) 473-0599 Ms. Tami Merriman August 9, 2005 File #27002/98 Page 3 24. The Applicant acknowledges the MDNS mitigation measures Numbers 1 and 2 with respect to the payment of the transportation facility charge and/or the realignment of Canal Road with its intersection with Wilkensen Road. Also, a signed school mitigation agreement between the developer and the Yelm School District has been provided to the City. 25. The Applicant has prepared and submitted final landscaping and irrigation plans that include considerations along the perimeter of the project site, planters strips, open space, and stormwater facilities. The landscaping has been installed in accordance with the approved plans. Please let us know, Tami, if you need additional amplification or clarification of any of the above summary comments. Since ely, James . Crippen, P.E. ct Manager JHC/j to L\27002\Docs-Reports\Documents\27002_jhc Merriman, Tami Ltr 071805.doc PngPrx 2601 South 35th, Suite 200, Tacoma, Washington 98409 (253) 473-4494 fax: (253) 473-0599 City of Yelm Invoice No. CDD-05-0134 Community Development Department INVOICE - - Customer Name Mountain Sunrise Development LLC Date July 12, 2005 Address P.O. Box 73130 Order No. City Puyallup State WA ZIP 98373 _ _ Rep Mountai ase~ _ --- Phone FOB r -02-8329-YL Item 4- Irrigation Meters Description ---- __ _ Payment Details O Cash O Check O Unit Price ~~~~ $300.00 $1,200.00 SubTotal $1,200.00 Shipping & Handling $0.00 _ Taxes WA TOTAL $1,200.00 Offi'i e Use Only ~ ~ City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU 06/15/05 14:19 FrLX 250 470 0599 APEY ENGINEERING 1Q 001 T0: Grant Beck COMPANY: Ci[y of Yelm ADDRESS PO Box 479 Yelm, WA 96597 DATE: 06/15/05 REGARDING- Mountain Sunrise FILE(fASK: 27002!18 8Y: ^ MAIL ^ OVERNIGHT ^ COURIER FA?i BUSINESS: (360) 4~8-3408 BUSINESS FAX- (360) 458-3144 TOTAL PAGES: 2 PLEASE' FIND THE FOLLOWING ATTACHED: COPIES DATE' NO. WE ARE TRANSMITTING THE FOLLOWING: ^ For your approval/review/comment ®For your use DESCRIPTION Engineering ^ Returned for corrections COMMENTS: Grant, We have laid in the new alignment from DOT and lot 35 has been severely impacted by the right of way- I would like to see if there is away we can reduce the building setback or change how the setback is determined to get a building footprint area big enough. Please take a look at the exhibit and give me a call- Thanks, Geoff COPY TO: SENDER: Geoffre P. Sherwin, P.E. EMAIL: sherwin(a~a cxen ~ eerin~.net FAX NUMBER: 2601 South 35`~ Street, Suite 200 Tacoma, Washington 98409 (253)473-4494 Fax: (253) 473-0599 06%15/05 14:19 FAY 25~ 47~ 0599 APEY ENGINEERING .00? i as I o, ` I 30' w f I I 1 - ''`-~ I I I 4 I Q ~ I \ I IT/ I ~ I ~~ ~~ I ~ ~ ~~ ~ ~'~~n~ I ~ N ~ ,y ^ry ~~ o~ ~ ' ~ ~ ~ ~ 35 a~ 0 ~ ?ti ~ I~ I I 10' PRIVATE ti~ u11uTY c I EASEMENT Tl'P) 130' N I N89'31'S7'W Qjs~~ I $ 70.00' z` N i~ ~w . ~ b ~ r ~ F 1 a z ~ 33 w ~ I I oo •- ~ 1234 ;~ ~ ( Vf N ~ ~ ~~-- - g =" ~ 32 I 4,5.oa' o.0 35.50' c~2s ~ ~ ~ 1234 ;~ I sa93i'S7'r; 100.50' hzs'` ` \ ~,~tiJ° ~ $_ S99'31'S7"E C149 ~2~ \ 0 155.50' ~ ~ R ~~y ~ B" c~`'`P S89 31'57'E ~-111 S ~ \ ~ ` ~~^ 50,00" ~~ C ~'i -- ~,~ . mac, s~~~ ~~~ ry` ~c~~ . r CURVE TABLE CURVE DELTA LENGTH RADIUS CURVE DELTA LENGTH RADIUS C17 621'18' 23.00 50.00 C117 1'05'53' 2.44 127.50 C83 238'26' 135.49 2940.00 0118 1'10'40' 57.56 2800.00 C84 i79'pq• 66.70 2900.00 C119 1'13'40' 60.00 280Q.00 C85 11'28' 94.03 2900.00 C120 1'13'40' 60.00 2800.00 C86 1 "J4'17' 79.54 2900.00 0121 1'13'40 60.00 2800.00 ~~ ~ City of Yelm ~~' ~' Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 WAfNINGTON June 5, 2006 First American Title Insurance Company 3866 South 74th Street Tacoma, WA 98406 Re: Mountain Sunrise Development in Yelm, WA Lots 1 - 54 To Whom It May Concern: Benum Enterprises, and Robert Coyne subdivided two parcels of land into a residential subdivision. To accomplish the subdivision, the developers constructed, at their own cost, municipal water and sewer improvements to serve their subdivision. In doing so, a latecomer agreement was created and recorded with Thurston County, to allow others to connect onto these lines for a cost. The recorded documents show all the parcels that are included in the agreement. The two parcels that Benum/Coyne subdivided into what is known as Mountain Sunrise, are shown as paid in the recorded documents. The individual parcels are required to pay a water and sewer connection charge at time of building permit issuance, however, there is no water or sewer latecomer fees associated with the individual parcels within the subdivision. If you have any further questions, please call me at (360) 458-8496. Sincerely, ~~~~~~ Tami Merriman Assistant Planner att: Copy of recorded document, showing original parcels paid. (360) 458-3835 (360) 458-3]44 FAX www.ci.yelm.wa.us eM 'oJ uo;s~nyl 00'0bS 21Jtl Wl3A ~0 AlI~ 119E Ol SOOZ/OE/60 6 ;o668iLL£ IIIIIIIII IIII III I IIIIIIIII 1111111 IIIIIIII illllll Iililll D N y N W N 3 eo ~ N N N l~D ~ N n W ~ 3 ~ ~ C .~*, ~ O o ?: d 7 <D N A A as 0 0 u, 0 0 0 o a O N ,N.. C ~ J O Of O ~ ~ N O o ~ n W O .~. ~ W N tD O eo a N NI t0 0 .+.- ~ ~ DD O~ v d X ID Z C 3 Q A 7 O f e~ N Z 3 Ip 3 7 a n N N D 'm m 0 a ~, a~ ID N = V1 R 3 D N ~ y ~ C V! 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X ~ ~ ~ N j U ~ N N N ~ ~ ~ - (D p, ~ (~ 06/02/06 12:16 FAX 2534715725 First American Escrow fool Subject: CPt Z ~ O (Q LATECOMERS FEE PAYOFF REQUEST C 1 ~'~ O~ ~ ~ L-~ coo - ~-s~ - y ~ ~~8 k'ZLE 1 ~'1 1 Could you please tell me is any Latecomer feeB are owing on this propezty. OWNERS NAME _~~ ~ ~ ~ lJ , cJ u 1 ~ ~ '~ U ~ ~ 1 ~ J J ~ r 1 PROFERTY ADDRESS ~ ~ ~ ~ { ~ l C)l)Yl'~I'CLl YT ~~r~~7 ~~ ~p~~-~`= PARCEL #_~P~~~~ ;,Z~IO ~~ ~ r CJ~-- First American Title Tneurance Co. 3866 South 74th Street Tacoma, WA 98406 Phone (2S3) 471-1234 Fax (253} 471-5725 ~~ 1 06/02%06 15:44 FAX 25x4715725 First American Escrow r~oo1 Subject: La,T~COMERS FEE PAYOFF REQl1ES i C 1 T~ o ~ (~ ~ilM 3Loo- ~5~' ~3~~ FYLE V ~c/ Could you please tell me is any Latecomer fees are owing on this pxoperty. OWNERS NAME PRp$ER'~Y Ab PARCEL #_~P ~ ~ ~~ ~LJ ~ CJ LJ U First American Title Insurance Co- 3e66 South 74th Street Tacoma, wA 9a4os Phone (253) g71-1x34 Fax (253) 471-5725 ~ ~- :_- ~. ~~ ~ I ~, _., 1 Tucci&Sons Inc March 22, 2005 City of Yelm PO Box 479 Yelm, WA 98597 Invoice - 4224 Waller Road Tacoma, Washington 98443-1623 Telephone 253.922.6676 Fax 253.922.2676 "°' DI0301 Regarding Job# 765 Mountain Sunrise NP Road Asphalt Paving (Per Benum Enterprises Agreement) $ 31,000.00 Sales tax (7.8% on 0.00) 0.00 Total $ 31,000.00 Prc 31000.00