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I a~~rw 'NOI1VOOl 3WdS NI I 30N3d DOOM M3N H11M 30N3d 3MNA Ol0 030Vd3Ll 310N M n M ~ OBI ~ Z <M 31 O~ do _~~ ~jN t1 X .~ W ~U~ O WI <a M h ~ N J I N IWi N$o _\ L l `N ~r~f, , O`, ~ ~~, d' 'h'is \ \ _.. .. .zai;~ W F= j ~ r W W 4W W O W 9 ~ 1 4 F ' t p < ~ J ~ 3 j < OO Cf p 1 OFU ~ ~ O F i J O O a ~ ~ I 2 Z Z ~ t O < In ~ _ ~~~~~~ ~~ ~~~ ~ c ~~ 88 ~~ WN~ ~ ~W ~~~ a I ~i~~ ~ ~~Z Q~~~s~~ ~I~ F~~- ~ ~,8 ~oS~ ~ -~'1~ eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Protective Covenants, Conditions, Easements & Restrictions for Autumn Hill 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Lubbesmeyer Construction, Inc. 2. Autumn Hill Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW 1/a of the NE 1/a and the NW 1/a of the SE 1/a of Section 30, Township 17 North, Range 2 East W.M. City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 22730130800 and 22730130800 ~I~NIN~Ih~II~~In~I~I~InyVll ~#:~6;`„~;~ After Recording Return to: Lubbesmeyer Construction, Inc. 1 I S I East 112` Street Tacoma, Washington 98445 DECLARATION OF PROTECTIVE COVENANTS, CONDITONS, EASEMENTS & RESTRICTIONS FOR AUTUMN HILL Grantor: Lubbesmeyer Construction, Inc., a Washington "C" Corporation Grantee: Autumn Hi11 Legal Description: Lots 1 through 26 of the plat Autumn Hill as recorded in the office of the Thurston County Auditor Assessor's Taz Parcel No.: 22730130800 / 22730130900 The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefits of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitude's, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. Individual lot owners shall be responsible for maintenance and care of landscaping along with all adjacent right if way's. ARTICLE ONE: For the purpose of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of Incorporation and any amendments. 3. "Association" shall mean the Autumn Hill Homeowner's Association. formed as a nonprofit 3506861 PAGE 1 OF 25 Page ~ of 2t 0~;~~?i~0N3 10~~AA rnu add f~A Thurston Co! WA Corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not limited to Tract A and Tract B as delineated on the Plat of Autumn Hill. Common areas shall also mean the properly bout real and personal in which the Association has been granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer Declarant" The Developer and Declarant shall mean Lubbesmeyer Construction, Inc., a Washington "C" Corporation. However, Developer shall also include any entity, which purchases multiple lots from Lubbesmeyer Construction, Inc., for the purposes of constructing residences thereon. Until such time as Lubbesmeyer Construction, Inc., or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such party has sold or conveyed all the lots held by that entity then that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100°l0 of the lots have been sold by the Developer, or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75°l0 of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgage" or "Mortgagee" shall mean 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 state of federal agency, which holds a first note, or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Autumn Hill. 13. "Member" shall mean every person or entity that holds a membership in the Association. 3506861 Page ~ 3 Qt ~fi PAGE 2 OF 2S a~, ~~;?2NN3 1 N ~ ~0A rnu gtd AA Thurston Coy WA 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this Declaration is legally described as Lots 1 though 26 of Autumn Hill. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from and Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Autumn Hill shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of the development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. 3506861 racE 3 OF 25 Page ~ 4 of ~,cfi [} dLi1L?i Ld~~ 1N'~0H Ci~U eta NA Thurston Lo, WR Section Three: Authority of Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Pour: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Boaxd of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarant has resigned as a director of the association, then the Developer, in accordance with the by-laws, shall conduct by mail an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, by-laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, by-laws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of deed for such Lot. Membership may not be separated from ownership of any Lot. All members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mail or facsimile. 3506861 Page ~ 5 C~i ~6 PAGE 4 OF ZS d~r~~?!cNN3 lei ~ ~0A Ci~U did NN Thurston Lc, WA ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tract A as shown on the plat of Autumn Hill, to the Autumn Hill Homeowners' Association. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. This tract and any other real properties and improvements which are described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The common areas shall include but not be limited, as defined below, together with all easements, which are for the benefit of ail lot owners. The common areas include but are not limited to the following: A. Tract A is a storm water retention tract described in and shown on the Plat of Autumn Hill. B. Tract B is an open space tract described in and shown on the Plat of Autumn Hill. C. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Autumn Hill, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed c~~ithin said easement areas. Section Two: Standard of Maintenance -Lots and Planting Striys. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the real property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30} days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. 350fi861 PAGE 5 OF 25 Fage~ f o£ 2fi e~~1~?,~~~aa3 1N ~ rah i^id~ 3d~1 AA Thurst.i~n Cn, WR The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot, which poses a substantial risk of injury or significant property, damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient are attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the Common Areas; 2.The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3.The cost of maintaining, repairing and replacing all Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by the Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalks and the curb of any roadway with the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries, which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4.The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an agreement to be executed between the City of Yelm and the Declarant. S.Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors, in the judgment of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Plat of Autumn Hill for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the Common Areas cause it to be subjected to other than reasonable wear and tear, or by their actions damages those Common Areas or any other improvements located thereon or therein, then the 3506861 PAGE 6 OF 25 Fage~ 7 ~3 ~fi N~!c~,'~NN;' 10 ~0H i^nu ~t~i pA Thurston Ln~ WR individual subjecting the Common Area to such use shall have the obligation to repair such damage, upon demand of the Association, and to restore such Common Area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in an easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser} to every lot, subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all conunon areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period} to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purpose and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two-thirds of the lots have been recorded. C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance. Nothing shall be done or kept in any common areas, which will increase the rate of insurance on the common areas or other lots or improvements without prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deem for the benefit and enhancement of said areas and the Association in general. Section Ten; Dumping in Common Area, Common Maintenance Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or places within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall. this section prohibit the installation of landscaping on private lot areas encumbered by ulilit3r easements not otherwise 350686 i 2B a~~g?;~cON 1N~RNR PAGE? OF 25 CiIU ~Ctd AA Thur~tun L.o. prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, ties prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Twelve: Management. Each owner expressly covenants that the Declarant (during the Development Period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manger or officer of the Association and may enter into such management contracts or other sen7ce contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement ar employment agreement for maintenance or management may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) 'The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for such successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for such inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. a) Declarants, for each Lot owned by it, agrees, and each Owner of a lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and continuing lien upon Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real properly. c) Each assessment, together with interest, cost and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time of the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be personally liable for assessments, which become due on and after the date of sale or transfer. d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purnose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Reuular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by.the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is am• increase in the annual or 3506861 t~;~c~ x OF 25 Pa~e~ 5 Gf cfi 0~;'c?r'~0N~3 ld ~ ~dR f iiU ~i~t AA Thurst~r~ Lo, WR regular assessment of more than five percent (5%) of The annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully act forth. Section Four: Special Assessment for Capitol Improvements. In addition to the annually or regular assessments authorized above, the Association may levy in any assessment year, as 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 capitol improvements upon the Common Areas, including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annually or regular and special assessment shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall pay $100.00 for each lot so acquired at time of closing of the purchase of said Lot, which amount shall be paid to and held by the Association to pay for the association expenses under the terms of this said Declaration. This initial assessment shall be paid in addition to the annual assessment or any pro rated portion thereof, which may be assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $200.00 per lot commencing on January- 1, 2003. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said assessment shall be due on or before January 30~ of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowner°s Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchased from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association, then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessments against any lot owned by the Declarant. Section Eight: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may lew, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new- equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds the Members. Section Ten: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCtiG' Chapter 6.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in this Declaration. 3506861 r,~cr 9 OF 25 Fage~ 10 ~f ~h 0ci~?,'cON;i 1a~~NA rnu Odd AA Thurston Lo. WFl ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who as the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for the assessments by non-use of the Common Areas or abandonment of each Lot. Section Two: Delinquency. ff any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent {12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any such payment more than ten { 10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such lien. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting Rim. 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 the 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 remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Article, Bylaws or Declaration. Section Four: Enforcement of Assessments. 'The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins as action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all of the lots held in the name of the Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Autumn Hill. During this period the Declarant reserves the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and- binding. At the expiration of the time period in which the Declarant and the developer has the right to appoint members to the ACC then the Board of Association shall appoint up to three members of the ACC or if members of the ACC resigns and no replacements assume that office then the Board shall act as the ACC until members of the ACC are appointed or take office. 3506861 rncr 10 OF 2S Pale 11 of Efi d~;'c~~'2NN3 1 N ~ ~NH i,iill ~Ad AA Th~urstan Lu, WA Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of arty type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minirnum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fence, hedge or walls shall be erected or altered and no significant exterior changes shall be made to arry building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (3Q) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U. S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or such other address as is designated by the Board by written notice to the Members. Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans, specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eight: No Waiver. 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 Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for the review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. 3506861 rACr l i OF 25 Page 1~ of ~fi a~;~~~~~~aas la~~aA CiIU 4d1 AA Thurston L[., WA Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of the covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen: Temporary Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. if the ACC shall determine that any use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCYY Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Sixteen: Building Type. No structures of any kind shall be erected or permitted to be maintained on any lot other than single-family residences, garages, workshops and structures normally accessory to such residences, which have been approved in accordance with the provisions of the Declaration. No carports will be allowed and all garages must have been doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two or three car garage is permitted and shall be incorporated in or made a part of the dwelling house. No detached garages shall be permitted except with the express written approval by the Architectural Control Committee or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots with the Property shall be used solely for private single-family residential purposes and not for business purposes, provide, however, that within such single-family residences the Owners(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF, 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND, 3) the day care business will be operated only between the hours of 7a.m. and 6 p.m. and only on Monday through Friday AND, =l) no more than four (4) children, in addition to those of the Owner(s) immediate family, are enrolled in either full-time capacity in such day AND, 5) the Owner(s) of such Lot (s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will linut such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, 6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Otivner(s) operation of such day care business AND, 7) the Orvner(s} of said Lot(s) will provide the Association prior to commencing such business operations, and at all times during such business operations, with verification of liability of insurance coverage in an amount not less. than 3506861 rt~cr 12 OF 25 Pnge~ 13 of ~fi 0^c;•'~?;'ENO: 1 L~ ~ ~NFi i^i~U ~ctd NA Thurston Lu, WA deem appropriate as additional insured AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including but not necessarily limited to Vehicle parking and signage restrictions,. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days written notice delivered to Owner and should the Owner(s) operation such day care business fail to strictly adhere to the provisions contained within the Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or interest in such business operation to the e.Ytent permission to operate such day care business is authorized. Section Eighteen: Limitation on Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of residences. Leashed animals are permitted within the right-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine owned. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance wide the provisions of this Declaration. Section Nineteen: Tree Height. No tree, with the exception of street trees in the right of way and trees in Common Areas, shall be allowed to grow to a height of more than thirty-five feet above the adjacent ground unless the Committee determines that the increased height would not have a material adverse effect on the view from other lots. The Association shall specifically have the right to trim offending trees at the Owner's expense after reasonable notice. Section Twenty: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view of drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non- decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall been obtained from the ACC. Section Twenty-One: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted in the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the properties. Section Twenty-Three: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. 3506861 PAGE 13 OF 25 F'~ge 14 of ~E, C~~~!c?r'~NN:i 1N 2dA rnu Odd AA Thurston C.o, WA Section Twenty-Four: Fences, Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (i) twenty feet of the property line; or (ii) the distance between the front wall (facade} of the primary residence, subject to (~) approval of the ACC; and (ii} determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall facade of the prunary residence. No barb wire, chain link corrugated fiberglass fences shall be erected on arty lot, except that chain link fencing for a sport facility enclosure may be considered for approval by the ACC upon request. All fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenty-Five: Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utilit5r, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-Six: Vehicle Parking, and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas, which shall behard- surfaced. Only cars of guests and visitors maybe parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right-of--way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles"} This provision shall not exclude parking of up to a combination of two (2) automobiles and regular size pick up trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screened from the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up trucks owned or used by the lot owners), still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after written permission has been obtained from the Board. Section Twenty-Seven: Sims. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any lot except (1) not to exceed three square feet in area may be placed on a lot to offer the properly for sale or rent and with the exception of any entry monumentation and signage which may be installed by Declarant. Political yard signs, not more than three square feet in area, of a temporary nature, not to exceed thirty days will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section including but not limited to the restrictions on the number of signs and sign size limit shall not apply to signs approved under this Declaration by the Declarant during the development period. The Declarant may establish, for the duration of the development, signage guidelines and standards for lot identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the lots within Autumn Hill, the common areas, or the public right-of- way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installation and size requirements, which theme will then become a part of the established guidelines and standards for signage in Autumn Hill during the development period. During the development period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property 3506861 r~~cr, l4 OF 25 Page 15 of 2E 6~,'~?,'~da3 16 ~ ~0A i^ill ~ 4dd AA Thurst. on Lo ~ WA encompassed within the plat of Autumn Hill, including the adjacent right-of way. Each owner of a lot in Autumn Hill and any developer or real estate agent on behalf of an o~mer, shall submit any proposed signs to the Declarant far approval prior to the installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Autumn Hill, the common areas, or on any lot, or on adjacent right-af--way may be promptly removed and disposed of by Declarant. This absolute right of the Declarant to remove unauthorized signs from the property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind far signs removed by Declarant pursuant to the section. The Board may cause any sign placed on the property or any adjacent rights-of--way in violation of this Declaration to be removed and destroyed without compensation of any kind to anyone including, but not limited to any person having any ownership interest in the sign. This Section shall nat apply to signage placed by Declarant. Additional signage may be installed by Declarant during the development period to promote the sale of lots or houses and to promote Declarant's project and company and representatives. Notvrithstanding anything in this Declaration to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitations set forth in this Declaration in the number of signs and size of signs. The Declarant shall also not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Declaration. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed on any lot not owned by the Declarant. This Section shall apply even if Declarant requires an owner to place a sign pursuant to this Declaration. Section Twenty-Eight: Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: 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 by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. Section Thirty-One: Use During Construction. Except with the approval of the Board, no persons shall reside upon premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed- Section Thirty-Two: Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located 3506861 F~t~r:r t5 OF 2> Pnge~ lfi [•! ~t d~r'~?i'^cdN3 10 ~ ~Rhi rnu 3~d AA Thurston Co. WR and screened from public view. All equipment for the storage or disposal of such materials shall be kept i.n a clean and sanitary condition. Section Thirty-Three: Tanks. Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the ~~iew from neighboring Lots, roads, or streets. All clothes lines, garbage cans. Equipment, coolers, woodpiles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. Section Thirty-Four: Auto Repair. No major auto repair shall be permitted except within enclosed garages, which are kept closed. The only repairs permitted on the balance of the Properly are occasional casual repairs and maintenance activities such astune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finish on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveways. That all driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. Section Thirty-Seven: Maintenance of Structures and Grounds. Each Owner shall maintain his Lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty-Eight: Firearms. The use of firearms is expressly prohibited within the plat of Autumn Hill. Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any Owner's lot. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. Section Forty-One: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of Autumn Hill development and whether the material would add to the attraction of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding. brick, authentic stone siding. OSB LAP or vinyl siding of a color approved by the ACC. T1-11 siding shall only be permitted on the sides of the residences, which do not face the street, or on the back of residences. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. 3506861 r,~cr lE~ OF 25 Fage ~ 1? Cif ~6 a~r~?,~~eea 10 ~ ~eA ~,nu ~3~3 AA Thurst.or~ Ca WA The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Autumn Hill will be subject to the same approval process. Section Forty-Two: Minimum Size of Residences. Private single-family residences shall consist of not less than on (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for nat less than two (2) cars, and that no portion of the interior of said garage may be improved and/or finished for residential use. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residence consisting if a one-story residence or a residence consisting if a basement and one story) shall contain at least 1,200 square feet. Multi Level residences (i.e., tri-levels as that term is used in the construction industry) shall contain at least 1,400 square feet. Two story residences shall contain at least 1,400 square feet. Split-level residences shall contain at least 1,400 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulation for installing electrical wires and equipment, and the uniform codes (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty-Four: Entry for Inspection. Any agent or member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Forty-Five: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from the court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Loi is, and the Conunon Areas are, subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant. and a valid easement for encroaclunents and far maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the 3506861 rnci, 17 OF 25 F'a~e~ 1~ of ~6 0~;~'~?;'~ONc~ 1 d ~ ~6A CiIU Odd AA Thurston Lu, WR Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under, and on 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 Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an 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) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declaration. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspections, and maintenance of utilities and drain facilities as delineated on the plat of Autumn Hill. No encroachment will be placed within the easement shown on the plat, which may damage or interfere with the installation, inspection, and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGE PROTECTION Section One: Mortgages. Nottivithstanding and prevailing aver any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgagee given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association, Article of Incorporation or Bylaw, or management agreement, except those matters which are enforceable by injunctive or other equitable relief; not requiring the payment of money, except as hereinafter prodded. Section Three: Mortaaaee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the O~~ner of the mortgaged Lot. including but not limited to the right to vote as a Member of the Association to the exclusion of tl~e Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortaa~ee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the 3506861 PAGF, is OF 2 Fage~ 1~ of ~6 NL,•L7('LNN3 SN'L0H rnu Odd AN Thuretor~ Co. WA Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in die same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense to other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instnunent shall be subordinate to the lien of any Mortgage, or other security interest places upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortg_a,~ee's Rights. Any Mortgagee shall have the right upon request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagee's, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such nodce has been requested in writing, Mortgagees shall be entitled to timely written notice of; (a) substantial damage or destruction of any Housing Unit or any party of the Common Areas or facilities; (b) any condemnation or eminent domain proceeding. involving any Housing Units or portion of the Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it hold the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Section One: Coverage. The Association may purchase as a Common Area Expense and shall have authority to and ma_v obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be «a-itten in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpa}nnent of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. ~IIIIIIIII~IIIIIIIIIIhIIIIIInIM19111~IIIIVp ~°g=~.~61,a~~ ~ ~ ~Fz Section .Two: Replacement Repair After Loss. In the event of damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (Zl3) of the Association. The Association may in its sole discretion contract with any contractor far reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such rights for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration of the Article, Bylaws, rules or regulations or the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. Binding Effect. All present and future Owners 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, are accepters and 3506861 PAGE 2Q OF 25 Fage~ 21 0£ 2f 02,'2?r'200~ 10 ~ 20H Ci1U 344 AA Thurston C~~, WA ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenant s running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and evenT deed and convevance or lease thereof. 2. Encroachment by Court Action. The Association, the Declaration, the ACC, The Homeowner's Association, or any Lot owners shall have the right to enforce, by any proceedings at law or in equity, ail restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the 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 Owner found to be in violation of said condition, covenants, reservations, or restriction, or found to be delinquent in the payment of said lien charge. 3. Enforcement by Self-Help. The Declarant, the ACC, the Association, or duly appointed agent of either, may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking actions either by court or by self-help, written notice shall be given to the offending lot Owners. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than thirty (30) days. 5. Expense of Action. The expense of any corrective action or enforcement of this Declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot Owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose an arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of anv such arbitration. 7. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney's fees. For the purpose of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and anv action, negotiations, demands, 3506861 Yf+c,r 21 OF 25 Fade ~ c2 ut 2f~ 0~,'2?;'2003 10 ~ 20A i^nu eta AA Thurst.or~ Coy WA 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and ass bans of Declarant, the Declarant, the Members and the Owners. ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding arty other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than the Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. Section Three: Prior Approval by FHAiHUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veteran Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the Lot Owners: a} Annexation of additional properties b} Dedication of any properties c) Amendment to this Declaration Section Four: Vatina. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units to other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer hi/her Lot; 10. Any decision by the Association to establish self-management .when professional management had been required previously by an Institutional First Mortgagee; 3506861 rncr; 23 OF 25 Page ~3 of ~fi 0~;~'~?;'~0a3 id ~ ~e~R i,iiU Sdd AA Tfiur;tan Lu, WR counseling or otherwise wkteze ttte prevailing party has hired an attorney. It is rho intent of this provision to ieiuiburse the prerrailing patty ~Oi all reaso~nabl+e attorney'5 fees and actual vests incurred in defeoQ3tng oz etn#'orcing the provisions of this Declaration, or the owner's rights hexeuttdex. 8. l;ailure to lrnfioxce. No delay or omission on the part of the Declarants or the O+vmers of other Lots itt exercisitag rights, power, or remedy provided in this Declaration) shall be construed as a waiver of acquieseextce in stay breach of the covenants, wnditians, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever' against the Declarants for er ore account of its failure to bring any actiton for airy breach of these covenants, coruditions, reservations, oz zestrictioras, or for innposixtg restrictions which inay be uner~foroeable. 9. Sever,Abllity. 1 nwalidarivn of any one of these covenants or restrictions by judgment ec court order shall not affect a~ other provisions, vahich shall remain in full force and e$ect. 10. Ir~terprctation, lm imteirprGting this Declaration, the term "person" Wray include taatural persons, partnerships, corporations, Associatiox-s, and personal representatives. Tk~e singular may also include the plural and the masculine may Include the feminine, or vice versa, where the context so admits or tecluires. This Declaration shall be liberally construed in favor of the party seeking to er~orce its provisions to effectuate the purpose of protecting and errhatacirtg the value, marketability, and desirability of the Propetiies by providing a coxzttnon plait i'o~t rite developtrrent ,Autumn krill. l 1. Texzrt. This Datlaratiott shall be effective i'or an irritial term of thirty (30) yea=s, and thereafter by autorztatic extensio><x for successive periods Of ten (lo) years each, unless terminated, at the expiration of the initial term oC arty SuCCeedirtg ten (10) year term by a termination agreement executed by the then Owners of not. less chant 75% of the lots then subject to this Declaration. Andy termination agttt rlnust be %n writing. siigxred by the approving owners, and Hurst be recorder with Ylxe County A,udttor. 12. Perpetuities. In the event that any provision of this Declaxatlorr, violates tl-e rule against p~erpetititieS, such provisions shall bq construed as being void and of no e$'ect as of twemy- one (21} years atter the death of the last sutvivirtg incorporator of the A550Ci1tion, or twtnty~ one tzl) yea=s eater the death of the last survivor of all the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. 1V,tetltad of btotitee, Arry notice recluiral by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Associatiori shall be deeuaed properly given when personally delivered, deposited in the Utaited Stgtes trail, postage prepaid, or when transmitted by facsimile. 3506861 r'AGtf.22 OP 2~ Page ~ ~4 Of 26 d2%2?,~~0N3 1N ~ ~NH I II~RCCMCS'Cp i^iifJQTGII~TTiIN. i^IlU add AA Thurst.~r~ Cu. Whi 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties 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: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston .County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. 3506861 ~5 of ~6 r:acr 24 OF 2~ 0~~e?r'~00 ~ 10 ~ cNN I uC!GCCMCI'~D i~fiAlCTl711f?TIIN. f'illl $cld fJN Thur~t~~r~ Loy Why J~ r IN WITNESS WHEREOF, the undersigned have caused this Declazation to be executed this ~ day of _~~~~~'~~.1.~, 2003. eyer Cons ction, Inc. By: ~~ Paul Lubbesm er Vice President STATE OF WASHINGTON ) SS. COUNTY OF ~~ ) ~L ~ On this ~ day of ~`,LJ ` 2003 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PAUL L UBBESEMEYER, to me known to be the VICE PRESIDENT of L UBBESMEYER CONSTRUCTION, INC., a Washington "C" Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the "C" Corporation, for the uses and purposes therein mentioned, and on oath stated that they aze authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. iiffs Dated this I! day of ~~. ` , 2003. ' `~,`n ~' ~ 'Name: -`rv Y -- ~ ~- - ii ~-% PUB LIC ~.•`~~ ~ NOTARY P LIC i and for the State of 1~~~ 'f ' ' '` . i .~ ~ ~ Residing at .~ ~. ~'~~'•~'~"'~~~~, My appointment expires: ~ ~~' 3506861 PAGE 25 OF 25 Pnge~ ~h of ~6 Nc,'~?;'~Nd'a 1N ~ ~0R i,i~ll Selo AA Th~urstan L'u, WR .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Stormwater Operation and Maintenance Plan 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Lubbesmeyer Construction, Inc. 2. Autumn Hill Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW 1/a of the NE'/a and the NW 1/a of the 5E 1/a of Section 30, Township 17 North, Range 2 East W.M. City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 22730130800 and 22730130900 3506865 Fage~ 1 of 21 02,'~?,'~N03 1 N ~ cahi -7RR ~a AA Thurston Go, WA RESDIENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IlVIPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN LUBBESMEYER CONSTRUCTION, INC., THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND CITY OF YELM (HEREINAFTER "JURISDICTION"} The upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP' S} are essential to the protections 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 stormwater facilities and use of pollution source control BMP's. LEGAL DESCRIPTION: Parcel number[s] 22730130800 and 22730130900 located in Section 30, Township 17 North, Range 2E, W.M. Thurston County, Washington. Whereas, OWNER as constructed improvements, including but not limited to, building, 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". IN~nVI~IUIN~II~I~NVI~IyI~I~III~N~ a=°`~~~a~,~ (2) Maintain a record (in farm of a logbook) of steps taken to implement the programs referenced in (1) and (2) above. The logbook shall be available for the inspection by appointment at 1151 EAST 112TH STREET, TACOMA, WASHINGTON 98445. The logbook shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow on actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists on Attachment "A" and use them to complete its monthly inspections. These completed checklists would then in combination, comprise the monthly logbook. (3) Submit an annual report to the TURISDICTION regarding implementation of the programs referenced in (I) and (2) above. The report must be submitted on or before May 15`~ of each calendar year and shall contain, at a minimum, the following: a) Name, address, and telephone number of the business, the person, or firm responsible for plan implementation, and the person completing the report. b) Time period covered by the report c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the logbook, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoices for services. d) An outline planned activities for the next year. THE JURISDICTION SHALL: (1) Maintain all stormwater system elements in the public rights-of--way, such as catch basins, oil-water separators, underground sandfilters, underground infiltration galleries and pipes. (2) Provide technical assistance to OWNER in support of their operation and maintenance activities conducted pursuant to its maintenance and source control 3506865 fage~ o c•£ ~1 a~;~~? ~Nd3 1N ERR Ni;R ~?4 AA Thurston Coy WR programs. Said assistance shall be provided upon request, and as JURISDICTION time and resources permit, at no charge to OWNER. (3) Review annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (4) Review this agreement with OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the JURISDICTION determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the JURISDICTION shall give OWNER 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 OWNER stating the JURISDICTION's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any tine 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 shall remain in effect. (3) 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 (I) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except those maintenance actions explicitly assumed by the JURISDICTION in the preceding section. Such responsibility shall include reimbursement to the JURISDICTION within (90) days of the receipt of the invoice far any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any 3506865 0~~~?to RCo,bWRSR Af;R ~~4 AA Thurs costs or fees incurred by the JURISDICTION will be borne by the parties responsible for said reimbursements. 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 any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the JURISDICTION. Dated this ~ day of ~L~r~,O~~ , 2003. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) Owner On this day and year above personally appeared before me, PAUL LUBBESMEYER known to be the individual{s) described, and who executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. ~! / N I I Hllr,r . _ .• NOTARY „~ _ • <. Name: ° ~ ' NOTAR PUBLI in and for the State of Washington S Residing at ,~ Fc ~ l ~~ My appointment expires: ~ ~~ ~ \ ~~ 35068 Fage ` 56urJ£ ~ 1 Ai~p k~a AN Thur~t'on~['n1~Wq~~ MAINTENANCE AND OPERATIONS MANUAL FOR DRAINAGE FACILITIES FOR Autumn Hill Yelm, Washington October 2001 Revised February 2002 Prepared for: Paul Lubbesmeyer Lubbesmeyer Construction, Inc. 1151 East 112t'' Street Tacoma, WA 98445 Prepared by: Anna M. -B. Holt Approved By: Seabrook M. Schilt, P.E., Principal REPORT #00133 3506865 _ F~,ge E o£ cl ai;R ~-;a AN Thur sto~~Cu1~Wp~N Maintenance and Operations Information Project Information Address: 10847 Vancil Road, Yelm, WA Tai Parcel Numbers: 2273-O1-30800 & 2273-O1-30900 Ownership/Maintenance: Lubbesmeyer Construction, then the Homeowner's Association System Description Stormwater drainage facilities will be installed to collect and convey stormwater from Autumn Hill to the proposed on-site drainage facility. The proposed developed basin on Autumn Hill makes up 1.60 acres. The proposed infiltration pond and conveyance system on Autumn Hill has been designed to handle the 100- year, 24-hour and 7-day, 100-year storm events. It should be noted that roof runoff from the lots will be routed to drywells located on each lot. The 6-month water quality storm event is being routed through a bioswale prior to discharging to the infiltration pond. Long-term maintenance shall be done in accordance with Attachment. "A" and as follows: All conveyance systems shall be inspected for sediment and blockages on yearly basis or after large storm events. Catch basins sumps shall be removed of sediment and debris on a yearly basis or if a blockage occurs. The main contributors of sediment to the stone system are the interior plat roads. Therefore, a street sweeper should sweep the streets twice a year to prevent sediments from entering the stone system. Homeowners shall sweep driveways and walkways 3 ~ 06865 `1 a~;R ~a Na Thur st,onNC~,1~WRyhi periodically. The debris collected shall be placed in the trash, not the roadway catch basins. The Homeowners Association shall inform the homeowners on the correct method for sediment and debris removal. Long-term maintenance of the storm drainage system will be the responsibility of the Homeowners Association, and shall be completed in accordance with Attachment "A" and the guidelines list above. The infiltration pond shall be maintained at a minimum of once a year. In addition, the pond shall be inspected every four months to check for sediments and pollutants. The pond shall be removed of all sediments manually to insure proper infiltration rates. Heavy equipment shall be prevented from driving on the pond bottom in order to prevent compaction of the soils. The sediment removed from the infiltration pond shall be deposited at an off-site location as approved by the City of Yelm and Thurston County. The infiltration pond bottom shall have all vegetation removed to prevent clogging. Permanent erosion control stabilization shall be accomplished through the building of homes, patios, driveways and planting of lawns. After full build out of the plat, the homeowners association shall instruct the property owners not to direct debris such as leaves, top soil, beauty bark, and grass clippings into the storm system. The average annual cost for maintenance is approximated to be $2,000.00. 3506865 Fage~ 5 of ~1 ~~,~'~,~~d~~ ~e ~aH Ai;li ~y AN Thuret.or~ Lu, WA Vegetation Management Native species affecting the storm water system consist of grass. Maintenance checklists on the following pages and instructions listed above address appropriate maintenance requirements. Instructions for Use of Maintenance Checklists The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have. Let the City know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: 1. Monthly from November through April. 2. Once in late summer (preferably in September). 3. After any major storm (use 1-inch in 24-hours as a guideline), items marked "S" onl Y• Using photocopies of the checklist pages, check off the problems that you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in your files, as they will be used to write your annual report. Some items do not need to be looked at every time an inspection is done. Use the suggested frequency at the left of each item as a guideline for your inspection. Maintenance Checklists See the following pages for these attachments. i~~n~~a~~a~~~~u~ a..,,.,. ~a REQUIRED ACTIONS: The following actions shall be taken to ensure that pollution generated on site shall be minimized: 1. Warning signs (e.g., "Dump No Waste-Drains to Stream") shall be painted or embossed on or adjacent to all storm drain inlets. They shall be repainted as needed. Contact the City regarding availability of stenciling supplies. 2. Parking lots shall be swept when necessary to remove debris and, at a minimum, twice a year. Use of newer model high-velocity vacuum sweepers is recommended, as they are more effective in removing the more harmful smaller particles from paved surfaces. 3. Sediment removed from detention vaults shall be disposed of in a proper manner. Contact the City for instruction prior to completing this task. 4. No activities shall be conducted on site that are likely to result in short-term high-concentration discharge of pollution to the stormwater system. Such activities may include, but are not limited to, vehicle washing, vehicle maintenance, and cleaning of equipment used in the periodic maintenance of buildings and pave surfaces. 5. Employees shall receive basic instruction regarding the control of pollution from commercial operations. Contact the Department of Ecology for assistance in completing this task. 3506865, N~~~'~~n~CL1N~R9H Ai;k ~?A AA Thurst~ ATTACHMENT "A" MAINTAINANCE PROGRAM COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: 3506865 Page 11 of ~1 6c;'~~;~ SON:; 16 ~ ~9A Ai;R ~x4 AA Thurston Lo, WA ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Drainage I Frequency System _ \1 Problem Conditions To Check For Conditions That Should Exist Feature ~1 Trash, debris and Trash or debris in front of the catch No trash or debris located M, S General , sediment in or on basin opening is blocking the immediately in front of the catch basin capacity by more than 10%. basin opening. Grate is kept clean and allows water to enter. Sediment or debris (in the basin) that No sediment or debris in the catch M exceeds 1/3 the depth from the basin. Catch basin is dug out and bottom of basin to invert of the clean. lowest pipe into or out of the basin. M, S Trash or debris in any inlet or pipe Inlet and outlet pipes free of trash or blocking more than 1/3 of its heieht. debris. Structural damage Comer of frame extends more than'/< M to frame and/or inch past curb face into street (if Frame is even with curb. top slab applicable). Top slab has holes larger than 2 M square inches or cracks wider than '/< Top slab is free of holes and cracks. inch (intent is to make sure all material is rennin into catch basin). Frame not sitting flush on the top M slab, i.e., separation of more than'/< Frame is sitting flush on top slab. inch of the frame from the top slab. Cracks wider than '/z inch and longer than 3 feet, any evidence of soil Basin replaced or repaired to design A Cracks in basin particles entering the catch basin standards. Contact a professional walls/bottom through cracks, or maintenance engineer for evaluation. person judges that structure is unsound. Cracks wider than''/z inch and longer No cracks more than'/, inch wide at than 1 foot at the joint of any the joint of inletloutlet pipe. Contact A inlet/outlet pipe or any evidence of a professional engineer for soil particles entering the catch basin evaluation through cracks. . Settlement/ Basin has settled more than 1 inch or Basin replaced or repaired to design A Misalignment has rotated more than 2 inches out of standards. Contact a professional alignment. engineer for evaluation. M, S Fire hazard or Presence of chemicals such as natural gas, oil, and gasoline. Obnoxious No color, odor, or sludge. Basin is other pollution color, odor, or sludge noted. dug out and clean. Outlet pipe is Vegetation or roots growing in M, S clogged with inlet/outlet pipe joints that are more No vegetation or root srowth present. vegetation than 6 inches tall and less than 6 inches apart. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major storms (use 1-inch in 24 hours as a ;uideline) II~N~INI~~III~INIVII~'Inl~~~l 5=,_~ u ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature Dumping of yard wastes such as grass Trash & debris clippings and branches into basin. Remove trash and debris and M, S General buildup in pond Unsightly accumulation of non- dispose as prescribed by the City. degradable materials such as glass, plastic, metal, foam, and coated aper. Trash rack Bar screen over outlet more tan 25% Replace screen. Remove trash and M, S plugged or covered by debris or missing. debris and dispose as prescribed by missing the Ci Any poisonous vegetation that may Remove poisonous vegetation. Do Poisonous constitute a hazard to the public. not spray chemicals on vegetation M Examples of poisonous vegetation without obtaining guidance from vegetation include: tansy ragwort, poison oak, the Cooperative Extension Service stinging nettles, and devil's club. and approval from the City. Presence of chemicals such as natural Find sources of pollution and M S Fire hazard or and gasoline, obnoxious color, gas oil eliminate them. Water is free from , pollution , , odor, or sludge noted. noticeable color, odor, or contamination. For grassy ponds, selectively thatch, aerate, and reseed ponds. Grass cutting unnecessary unless dictated by aesthetics. For wetland Vegetation not For grassy ponds, grass cover is sparse ponds, hand-plant nursery grown and weedy or overgrown. For wetland wetland plants in bare areas. M growing or is ponds, plants are sparse or invasive Contact the Cooperative Extension overgrown species are present. Service for direction on invasive species such as purple loosestrife and reed canary grass. Pond bottoms should have uniform dense coverage of desired plant species. Any evidence of rodent holes if facility is Rodents destroyed and dam or M Rodent holes acting as a dam or berm, or any evidence berm repaired. Contact the of water piping through dam or berm via Thurston County Health rodent holes. De artment for uidance. When insects such as wasps and hornets Insects destroyed or removed from M Insects interfere with maintenance activities, or site. Contact Cooperative when mos uitoes become a nuisance. Extension Service for uidance. Tree growth does not allow maintenance access or interferes with maintenance Trees do not hinder maintenance A Tree growth activity (e.g., slope mowing, silt activities. Selectively cultivate removal, or equipment movements). If trees such as alders for firewood. trees are not interfering with access, leave trees alone. Check around inlets and outlets for signs Find causes of erosion and Erosion on of erosion. Check berms for signs of eliminate them. Then slopes M Side slopes berms or at sliding or settling. Action is needed should be stabilized by using of pond where eroded damage is over 2 inches appropriate erosion control entrance or exit deep and where there is potential for measures; e.g., rock reinforcement, continued erosion. lanting of grass, corn action. Accumulated sediment that exceeds 10% Sediment cleaned out to designed Storage Sediment of the designed pond depth. Buried or pond shape and depth: pond M area buildup in pond partially buried outlet swcture probably reseeded if necessary to control indicates sienificant sediment do osits. erosion. A Pond dikes Settlements Any part of dike that has settled 4 inched Dike should be bunts back to the lower than the design elevation. design elevation. ~InIIInIVIAIUIIInIIIIIIIIIIIIIIIIIINIIIIIIVI =°s~~~FW~ Emergency Only one layer f rock exists above native A overflow/ Rock missing soil in area 5 square feet or larger, or any Replace rocks to design standards. s illwa ex osure of native soil. Onetime Emergency overflow/ Overflow Side of pond has no area with lame rocks Contact the City for guidance. s illway missing to handle emergency overflows. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major storms (use 1-inch in 24 hours as a guideline) 3506865 Fage~ `00 1 ~9R Ri;k ~4 pA Thurstc~r~ ~u ~ WR ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature M, S General Trash & debris See Maintenance Checklist for See Maintenance Checklist for buildup in pond Ponds. Ponds. M Poisonous See Maintenance Checklist for See Maintenance Checklist for vegetation Ponds. Ponds. M, S Fire hazard or See Maintenance Checklist for See Maintenance Checklist for pollution Ponds. Ponds. M Vegetation not i i See Maintenance Checklist for See Maintenance Checklist for grow ng or s ponds. Ponds. overgrown M Rodent holes See Maintenance Checklist for See Maintenance Checklist for Ponds. Ponds. M Insects See Maintenance Checklist for See Maintenance Checklist for Ponds. Ponds. Sediment is removed and/or facility A soil texture test indicates facility is is cleaned so that infiltration system A Storage Sediment buildup not working, as it is designed works according to design. A area in system capabilities or was incorrectly sediment trapping area is installed to designed. reduce sediment transport into infiltration area. Storage area Additional volume is added through drains slowly A soil texture test indicates facility is excavation to provide needed storage. A (more than 48 not working, as it is designed Soil is aerated and rototilled to hours) or capabilities or was incorrectly improve drainage. Contact the City overflows designed. for information in its requirements regarding excavation. Any sediment and debris filling area M Sediment trapping to 10% of depth from sump bottom to Clean out sump to design depth. area bottom of outlet pipe or obstructing flow into the connector pipe. Add a trapping area by constructing a One Time Sediment trapping Stormwater enters infiltration area sump for settling of solids. Segregate area not present directly without treatment. settling area from rest of facility. Contact the Ci for guidance. Rock Sediment and By visual inspection little or no water M filters debris flows through filter during heavy Replace gravel in rock filter. rainstorms. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major stones (use 1-inch in 24 hours as a guideline) 3506865, Page 15 03 21 d2'2?,'2dN:; ld ~ 2511 Ai;R ~a NN TI-~urst.~n Co, Wfl ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature Missing or moved On]y one layer of rock exists above A Rock pad rock native soil in area 5 square feet or Replace rocks to design standard. larger, or any exposure of native soil. Rock filled trench for ~ Missing or moved Add large rock (+ or - 301b. Each) so A discharge rock Trench is not full of rock. that rock is visible above edge of from pond trench. M Dispersion Pipe plugged with Accumulated sediment that exceeds pipe cleaned/flushed. trench sediment 20 /o of the design depth. M Perforations Over'/~ of perforations in pipe are Clean or replace perforated pipe. plugged plugged with debris and sediment. Visua] evidence of water discharging Not discharging at concentrated points along trench Trench must be redesigned or rebuilt M, S water properly (normal condition is "sheet flow" of to standard. Elevation of lip of trench water along trench). Intent is to should be the same (flat) at all points. prevent erosion damage. Water flows out Maintenance person observes water Facility must be rebuilt or redesigned M, S top of flowing out during any storm less to standards. Pipe is probably "distributor" catch than the design storm or it is causing plugged or damaged and needs basin or appears likely to cause damage. replacement. Stabilize slope with grass or other M, S Receiving area Water in receiving area is causing or vegetation, or rock if condition is over-saturated has potential of causing landslide. severe. Contact a professional engineer for evaluation. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Kev: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major storms (use 1-inch in 24 hours as a guideline) ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature M General Missing or broken parts/dead Any defect in the fence or screen that Fence is mended or shrubs replaced shrubbery permits easy entry to a facility. to form a solid barrier to entry. Erosion has resulted in an opening Replace soil under fence so that no M, S Erosion under a fence that allows entry to opening exceeds 4 inches in height. people or pets. Shrubbery is growing out of control Shrubbery is trimmed and weeded to M Unruly vegetation and is infested with weeds provide appealing aesthetics. Do not . use chemicals to control weeds. A W1Te Dama ed arts g p Posts out of plumb more than 6 Posts plumb to within 1-1/2inches of Fences inches. plumb. A Top rails bent more than 6 inches. Top rail free of bends greater than 1 inch. Any part of fence (including posts, Fence is aligned and meets design A top rails, and fabric) more than 1 foot standards. out of design alignment. A Missing or loose tension wire. Tension wire in place and holding fabric. Missing or loose barbed wire that is garbed wire in place with less than'/, A sagging more than 2-1/2 inches inch sag between posts. between posts. Extension arm missing, broken, or Extension arm in lace with no bends A bent out of shape more than 1-1/2 larger than'/4 inch. inches. Deteriorated paint Part or parts that have rusting or Structurally adequate posts or parts A or protective scaling condition that has affected with a uniform protective coating. coating structural adequacy. M Openings in fabric Openings in fabric are such that an 8- No openings in fabric. inch diameter ball could fit through. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major storms (use 1-inch in 24 hours as a guideline) nI~IIWIII~IIhVInINInu~IhWUI~MINU aw°`m~~,~w~ ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature Pond has a functioning gate to allow Damaged or entry of people and maintenance M General missing Gate is broken, jammed, or missing. equipment such as mowers and components backhoe. If a lock is used, make sure the City field staffhas akey. Broken or missing hinges such that Hinges intact and Tubed. Gate is M gate cannot be easily opened and working freely. closed by a maintenance person. Gate is out of plumb more than 6 A inched and more than 1 foot out of Gate is aligned and vertical. design alignment. A Missing stretcher bands and ties. Stretcher bar, bands, and ties are in place. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S=After major storms (use 1-inch in 24 hours as a guideline) 3506865 F~~e 18 of ~1 0"'~~; cON~ 1N ~9A GGR g~G AA Thurston l.u, WA ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature M, S Pipes Sediment & debris Accumulated sediment that exceeds Pipe cleaned of all sediment and 20 /o of the diameter of the ipe. debris. M Vegetation Vegetation that reduces free All vegetation removed so water movement of water throu~ the i es. flows freel through ipes. Damaged (rusted Protective coating is damaged; rust is A , bent or crushed) causing more than 50% deterioration Pipe repaired or replaced. in any part of the pipe. Any dent that significantly impedes M flow (i.e., decreases the cross section Pipe repaired or replaced. area of pipe b more than 20%). M Pipe has major cracks or tears pipe repaired or replaced. allowin Qroundwater leaka e. Dumping of yard wastes such as grass clippings and branches into M, S Open Trash & debris basin. Unsightly accumulation if Remove trash and debris and dispose ditches non-degradable materials such as as prescribed by the City. glass, plastic, metal, foam, and coated paper. M Sediment buildu p Accumulated sediment that exceeds Ditch cleaned of all sediment and 20% of the design de th. debris so that it matches design. Vegetation (e.g., weedy shrubs or Water flows freely through ditches. A Vegetation saplings) that reduces free movement Grassy vegetation should be left of water through ditches. alone. M Erosion damage to slo es See Ponds Checklist. See Ponds Checklist. Rock lining out of Maintenance person can see native A place or missing soil beneath the rock lining. Replace rocks to design standard. (if applicable) Varies Catch basins See Catch Basins Checklist. See Catch Basins Checklist. M, S Swales Trash & debris See above for ditches. See above for ditches. M Sediment buildup See above for ditches. Vegetation may need to be replanted after cleaning. Aerate soils and reseed and mulch Vegetation not Grass cover is sparse and seedy or bare areas. Maintain grass height at a M growing or areas are overgrown with woody minimum of 6 inches for best overgrown vegetation. stormwater treatment. Remove woody growth, recontour and reseed as necessary. M, S Erosion damage to slo es See Ponds Checklist. See Ponds Checklist. Conversion by if possible, speak with homeowner M homeowner to Swale has been filled in or blocked and request that Swale area be incompatible use by shed, woodpile, shrubbery, etc. restored. Contact the City to report roblem if not rectified voluntarily. A survey may be needed to check Swale does not Water stands in Swale or flow grades. Grades need to be in the ~° o A drain velocity is very slow. Stagnation ~ range if possible. If grade is less than occurs. I % underdrains may need to be installed. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major storms (use 1-inch in 24 hours as a b ideline) ~q~u~~q~l~q~l~~l~p~gl ~~...~ w ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Grounds (Landscaping) Drainage Frequency System Problem Conditions To Check For Conditions That Should Exist Feature Weeds Weeds growing more than 20% of the Weeds present in less than 5% of the M General (nonpoisonous) landscaped area (trees and shrubs landscaped area. only). M Insect hazard ~Y presence of poison ivy or other No poisonous vegetation or insect oisonous vegetation or insect nests. nests presentin landscaped area. M, S Trash or litter See Ponds Checklist. See Ponds Checklist. Causes of erosion are identified and M S Erosion of ground Noticeable rifts are seen in steps taken to slow down separate out , surface landscaped areas. the water. Eroded areas are filled, contoured, and seeded. Limbs or parts of trees or shrubs that Trim trees/shrubs to restore shape. A Trees & Damage or broken which affect more are split Replace trees/shrubs with severe Shrubs ° than 25 /o of the total foliage of the damage. tree or shrub. Trees or shrubs that have been blown Replant tree, inspecting for injury to M down or knocked over. stem or roots. Replace if severely damaged. Trees or shrubs, which are not Place stakes and rubber coated ties A adequately supported or are leaning around young trees/shrubs for over, causing exposure of the roots. support. If you are unsure whether a problem exists, please contact a Professional Engineer. Comments: Key: A= Annual (March or April preferred) M= Monthly (see schedule) S= After major storms (use 1-inch in 24 hours as a guideline) IN~NhI~hIl~u~~IIVVIKuI~IInIIIN a:°`~~~;~~ eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. •• 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Lubbesmeyer Construction, Inc. 2. Autumn Hill Subdivision Grante.e(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW 1/a of the NE 1/4 and the NW 1/a of the SE 1/4 of Section 30, Township 17 North, Range 2 East W.M. City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 22730130800 and 22730130900 ia~~~~~~u~p~~p~n~u gry°se~sEa~ MPANY ~_- 93151'Arar7(:AVN:tiN:#I)-1K_OI,YM1'IA, WAy~5U1 Order No.: 002018083 Your No.: LUBBESMEYER PAUL LUBBESMEYER 1151 E. 112TH ST TACOMA, WASHINGTON 98445 PROPERTY ADDRESS: WASHINGTON Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. THURSTON COUNTY TITLE UNIT TELEPHONE: (360) 456-7878 FAX: (360) 493-1985 GERALD O. LORD TITLE OPERATIONS MANAGER (E-MAIL: LORDJ@CTT.COM) MARK A. KARJALAHTI TITLE OFFICER (E-MAIL: KARJALAHTIM@CTT.COM) ALICIA JONSON TITLE ASSISTANT (E-MAIL: JONSONA@CTT.COM) i~~~~~~~~~~~ &~.~~ssaaa I ~ ~ CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE, SUITE D1-B, OLYMPIA, WA 98501 (360) 456-7878 ORIGINAL INVOICE: INVOICE AS OF: ORDER NUMBER: ESCROW NUMBER: CUSTOMER NUMBER: ATTN: DEPARTMENT NUMBER: X POLICY(S) APPLIED FOR YOUR REFERENCE SHORT PLAT CERTIF LUBBESMEYER $ 12/16/02 12/16/02 2018083 0009999 -000 00142 1,000.00 PAUL LUBBESMEYER 1151 E 112TH ST TACOMA, WA 98445 CODE DESCRIPTION MIS SHORT PLAT CERTIFICATE TST TITLE PREMIUM SALES TAX BALANCE DUE: AMOUNT 200.00 16.00 $216.00 3506859 Fage~ ? o£ IN a~;~'~?;~'~NN;; 10 13Fi Pig ~~ AA Thur~tan Co. WA PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR REMITTANCE INVOICE3-6-22-95/RLK CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVENUE SE, SUITE D1-B OLYMPIA, WA 98501 SHORT PLAT CERTIFICATE Order No.: 2 018 0 8 3 Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: LUBBESMEYER CONSTRUCTION, INC., A WASHINGTON CORPORATION AND JOHN J. LUBBESMEYER, AS HIS SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: TAX: Records examined to December 2, 2002 at 8:00 A.M. CHICAGO TITLE INSURANCE COMPANY By GERALD L Title Officer /%r 350fi859 Pa~~e 4 of la ~~r'~~r'~NN~ 1N 13N a~ ~fi AA Thuraf.nn Cn, WA CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE A Order No.: 2 018 0 8 3 (Continued) LEGAL DESCRIPTION PARCEL 1: THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, EXCEPTING THEREFROM THE NORTH 64 FEET OF THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY. PARCEL 2: THE EAST 363 FEET OF THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY; TOGETHER WITH THE EAST 363 FEET OF THE NORTH 64 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY. IN THURSTON COUNTY, WASHINGTON. 3506859 CHICAGO TITLEIN~ ~~ 0~~rsto0~Co10 R~„ G, ~~, as Thu CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2 018 0 8 3 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). CHICAGO TITLE IN. I~~ YIM NII~ III ININ NI ~~II III INI IIV lul 3506859 Page f of 1N N2;~'~?i~dN3 10 ~ 1311 Thurc~.nn Cn, Wa CHICAGO TITLE INSURANCE COMPANY Order No.: 2 018 0 8 3 SHORT PLAT CERTIFICATE SCHEDULE B (Continued) EXCEPTIONS P 1. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2001 $ 639.57 $ 0.00 $ 639.57, PLUS INTEREST AND PENALTY 22730130800 170 $ 39,500.00 $ 8,100.00 Q 2. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2002 $ 569.76 $ 0.00 $ 569.76, PLUS INTEREST AND PENALTY 22730130800 170 $ 39,500.00 $ 8,100.00 x AFFECTS: PARCEL 1 M 3. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: 2001 $ 1,629.51 $ 0.00 $ 1,629.51, PLUS INTEREST AND PENALTY 22730130900 170 $ 52,900.00 $ 67,900.00 N 4. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: 2002 $ 993.84 $ 0.00 350fi859 Pa~e~ ? ~f 1N CHICAGO TITLE INSL l~;'~?r'~NNc 10 ~ 1aH ~~r ~~ AA Thurston iii, WFl CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2 018 0 8 3 (Continued) EXCEPTIONS AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 0 Z A AFFECTS: PARCEL 2 $ 993.84, PLUS INTEREST AND PENALTY 22730130900 170 $ 52,900.00 $ 67,900.00 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LUBBESMEYER CONSTRUCITON, INC., A WASHINGTON CORPORATION AND JOHN J. LUBBESMEYER, A SINGLE PERSON, AS HIS SEPARATE ESTATE TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: MT. RAINIER NATIONAL BANK AMOUNT: $ 550,000.00 DATED: JUNE 7, 2002 RECORDED: JUNE 12, 2002 RECORDING NUMBER: 3440980 LOAN NUMBER: NOT DISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 6. ENCROACHMENT OF AN EXISTING FENCE OVER THE WEST LINE ONTO SAID PREMISES, AS DELINEATED ON THE FACE OF SURVEY, AS RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S) 8201130001. s 7. RIGHT, TITLE AND INTEREST OF OWNER OF THE LAND ADJOINING SAID PREMISES ON THE WEST AS TO THAT PORTION OF THE LAND LYING BETWEEN THE FENCE AND THE PROPERTY LINE, AS DISCLOSED ON THE FACE OF SURVEY, RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S) 8201130001. c 8. CITY OF YELM ORDINANCE NO. 443 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: REGARDING: MARCH 21, 1994 9403210028 ANNEXATION s 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: 3506859 CI IICAGO TITLE ] P~~~; _ ~' 03 16 CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2 018 0 8 3 (Continued) EXCEPTIONS BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: D NOTES: LUBBESMEYER CONSTRUCTION, INC. YELM COMMUNITY SCHOOLS DIUSTRICT NO. 2 APRIL 30, 2002 3430571 MITIGATION E NOTE A: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. F NOTE B: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORTION OF THE SE SW NE AND THE NE NW SE OF 30-17-2E c NOTE C: COUNTY RECORDS INDICATE THAT THE ADDRESS OF THE IMPROVEMENT LOCATED ON SAID LAND IS: PARCEL 1: 10847 VANCIL ROAD SOUTHEAST YELM, WASHINGTON 98597 PARCEL 2: 10831 VANCIL ROAD SOUTHEAST YELM, WASHINGTON 98597 LH/LH END OF SCHEDULE B 3506859 cxccAOO TITLE it Page ~ 9 c~£ 1 N d~;'2ir'~NN:~ 1 N ~ 13H CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2018083 (Continued) EXCEPTIONS a THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: PAUL LUBBESMEYER (253)537-6370 3506859 Page 1N ~f ld CHICAGO TITLE IN; dCr'c~r'~NN,] 1 N 1 iM Rim ~R AA Thur~tnn Cn, 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 -Step Sewer System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Lubbesmeyer Construction, Inc. 2. Autumn Hiil Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW 1/a of the NE 1/4 and the NW 1/4 of the SE 1/a of Section 30, Township 17 North, Range 2 East W.M. City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 22730130800 and 22730130900 3506868_ F~~~e 1 G! :~ I IIGDCCM~~rCG~ iii1JQTG'lliTiilhJ. M1~,1~ ~=1 AN T~'illl^~~.iil"i L.i~, WH BILL OF SALE (CORPORATE FORM) THIS BILL OF SALE is made and executed this ~~ day of i~''L~+~~~=-~ , 20QZ , by and betweenLUP~I'~Pr~~t~t ~Ch,~r _`Litit ; (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 lying within the following described easement area: ~~ ~-ri u, r ~ : L ~ Tt1~C~t [~r~ b~sc~ P T) o ~ ~ IN 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 1`s ' ~- day of ~~`~t3 ~fZ. ~4~ , 20~. - ~~ r-~~~~r~ ~~°r~T~.LIC.TI c~~ f ~~ (CORPORATE NAME) BY .1,~ BY (Signature) y~ (Signature) ITS ~~ ~~ 1/ V'~ E ~~{/~, t ITS (Title) (Title) STATE OF WASHINGTON) ~•~'''~~~~"''~~, .~` RENEE '-., COUNTY OF THURSTON ) ~• ~~~•~~°M E'~4.,~y ._ On the ~ ~ ~~ day of 1~ ~-~-~ ~ 2~J~-'~ , 20 Q~ T~Lfo~ ~~.a ary Public in ~3d for the State of Washington, duly commissioned'~l' ,s~~~,~ers~~ly appeared l'~L L,IPfi~ ~ ~ ML~y~~ ,'~j-F•.,~o.3.v~~,.•'~'t to me known to be the ~LL~% ~12.~[ n~.~C ~'•,, OF~~W~~~S?~~ of Lu~h~sh~L-dL CO~,i~, ~ Z'yLL ~ (CORPORATE NAME) and acknowledged the said if s~xurneht 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 that the seal affixed (if any) is the corporate seal of said corporation. _. , WITNESS my hand and official seal the aj~ dtye Lr t-above ' itte~nf, f+ 2 ~ , Notary Public in and for Sat pf Washington, residing in ~, ~c.~~ ~ L(. ,~ ~ System accepted this ~ ~= `"day of I~,Gk L.~. t ~,# }/1 1, 20 City of Yelm By: Director of Public Works D -12 3506868 Pnge ~ o£ 3 N~;'~~:'~NN3 1N c;4H I IIGPCCMC'dCfi hiiFJCTG'IIhTTiItJ. M1~J' ~-'1 NN TI•~ur~tun l'.G. WH EXHIBIT A LEGAL DESCRIPTION PARCEL l: THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG EAST BOUNDARY; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, EXCEPTING THEREFROM THE NORTH 64 FEET OF THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY PARCEL 2: THE EAST 363 FEET OF THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY; TOGETHER WITH THE EAST 363 FEET OF THE NORTH 64 FEET OF NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP I7 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY. IN THURSTON COUNTY, WASHINGTON. 3506868 Fete Gf 3 N~,'~?r'cdN3 ld ;;4N I IIRGCQM~`;'GG~ i'ii~l~TAlli"TTiiN. MT~,h 3"'1 AN That^St.i~Yi l.G~ WIi eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water System 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Lubbesmeyer Construction, Inc. 2. Autumn Hill Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW'/4 of the NE'/a and the NW'/4 of the SE'/~ of Section 30, Township 17 North, Range 2 East W.M. City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number 22730130800 and 22730130900 IIII~IP~IIIIP~IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII '~,, EXHHIBIT A LEGAL DESCRIPTION PARCEL 1: THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE EAST 363 FEET: AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG EAST BOUNDARY; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QL?ARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP I7 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, EXCEPTING THEREFROM THE NORTH 64 FEET OF THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY PARCEL 2: THE EAST 363 FEET OF THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY; TOGETHER WITH THE EAST 363 FEET OF THE NORTH 64 FEET OF NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30. TOWNSHIP 17 NORTH. RANGE 2 EAST, WILLAMETTE MERIDIAN, NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH. RANGE 2 EAST. WILLAMETTE MERIDIAN, AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY. IN THURSTON COUNTY, WASHTNGTON IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII fi' 1~?/16/2002 22:13 3604582469 . ~EG-1?-''00~ 'it1~ n~~Q? AM cAr,ILITIES BUSINESS OFFICE PAGE 01 t~ou ~~~ n~34 ~, u~~iuu~t ~s- P' r 3i ~~ -M ~,r A1ler recording rAturlt t0: Yclin Community Schools District No. 2 P. 0. Sax a76 YeLn, WA 48547 Arta: Eriii~ M. Birklaad MITYGA'Y'YON AGREENSSiKT Rtiereoce No: Auhunn Hili,~5UB-01-8284-YL, Yelut, W~- QraotOr~ l . Pahl Lubbasmeyer, Vice ~'residant Lubbnmeyer Construction, Inc, i 151 E. 112°i, Tacoma, WA 9B44S Grantee: 1.. Yalm Community 9choala District No. 2 Leal Descrlptioa: A partiou of Sec. 30, TWY. I7N SW %oINB'/. RGfi. 2B, WM Aaie110r'~ Property Tax Parcel NnmbarliRccouatNnmber: 22730130800, 22730130900 THI9 MITIGATION AGR~MENT ("Agreement") is mtde thin ~~of _, 2002, between the Y}iI.M CO~i~iC.T11TY 9CIi00L8 DI3TIZICT N0. 2, Yelm, Washin on (the "Districe") end Lubbeameyer Construction, Inc. {tire "Developer"). A. The Developer has submitted an ap~ n to Thurs'toa County for the oot~atruction of s 26 lot subdivision "Autumn Hill" Yelr.~, Wash. (the "Project"). Tha Project is located on property that lies within District boundariee, more particularly dcseribed on Exhibit A, attached hereto and incorponad heniu by reAtsnca. B. The State Environauntal Policy Act, Chapter 43.21C RCW ("SEPA"), provides praeoasea and proaaduros w6creby major actions by stars and looel aganeies, iuelud'u1g, but not limited to, plat or pUD approva.i or rho iesunnce of building pcrtniti, may ba reviewed to determine the nature and extant of tiuir impact ou die eavirottmtrt. Impacts on public services, including gcltools, arc envirorunental impacts for the purpo:'ei of 9EPA. 5EP.1 requires the mitigation of adverse environmental impacts, C. Th• District's student populaticn and growth projactio:ta indicate that tl:e Project will have an impact on the District, when outnulative impacts of other prejeets ere considered. D. RCW 82.02.020 authorirea rite District to antic into a voluntary agreement with the Developer fos pa;~neu± ;a mitigate the impact of tl~e Developac's Project. ~ ~ ~343Cb71 91.36.2982 ~~ 13i Ilf I I ~ n ~. i. v rti r tf Thurston Co, Ua 12/16/2002 22:13 3604582469 BUSINESS OFFICE. PAGE ,02 7~C-1?-'?002 TUs O~~;U3 A141 FAi;ll..1Tll:b •so~ ~7c ~~:.,~ .-. u~.c, ~~~~: ~.. l?. Pursuant to Resolution No. 12-16.93-OS, it is the policy of tbs Aistriat to :ccor>xraatsd that the direst impact of development be voluntarily mitigatod by the ptGytnent of fads atsdlor odser mitigation measuros where appropriates. Z;. Tile Developer has agreed~tn nitigate, on a voluntary bsais, the adverse impact of the Project ors the District. q(}~RRM~NT NOW, TF3EREFOR,E, its eonsidaration of the above recitals acid Ilia mutual p:omisas turd covaciants below; the Distriat and the Developer agree to follows: 1. Tha Developer aoknowledges and agreoa that them is a direst 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 aclusawledga asul agrees that !n order to mitigate the direct impact of the 3'roject; the Developer has offered to pay the District tttc following stun of money: Oae Thousu~d Six Hundred Forty Five and no/100 Dollars (51,645,00 for oacb lot in t}ie subdivision or the total sum of Forty Two Thousand Seven Hundred Seventy and uo~100 llollars (SA2,770.04) (the "Mitigation Paytnam'') for the Z5 lots of the. subdivision The amount referenoed by this paragraph is subject to chaaga pursuant to paragraph 4 below. 3, Any extension, ret3ewsd, modification or arnendmetlt Lo the ProJsct that results in an a~jusnnsnt in flee number of iou :lull result in a corresponding pro rata adjuatmant cat alts Mitigation Payment. 4. The Davclopor egrets that the paymo~u of the full Mitigation Payment (i11 the amount of One Thousand Six Hundred Forty Five and uo/100 Dollus (51,645.00) por dwelling unit or Forty Y<vo Thousand Seven Hulidrad Severlry told t1o1100 Dollard (S42,770.00) for the project, steal! be a condition of building permit issuance for eaoh single family dwelling in tho projeot. If building permit issuance does not occur within Five (5) years from the dace of this Agreement, the amour..t due ibr mitigation. as atsitod in paragraph 2 above, shall be modified to the ainouat reflxted in tho thou moat recont mitigation agrremant to which the District is a parry. A copy of such agrastsent shall Ise made available to Developer upon request. S. The District agrees to record this Agreemtnt after it has beat exseuted by the parties. 6. Ttsa Developor acknowIedgas and agrees that the Mitigatiosz Paynscsst u authorised to be used for capiu; ituprovernents to the following facilities: Southwortls Blemantary 3cIioaI, Mill Pand intetmedlate Sehaol, Yearn Mlddk 9chooi, andlor Yclrn High Schooi andJor any otha~r facilities that may be affeoted by the Projeot and/or the parchase of portable facilities arld/or school boos. . 7. The DevWoper agrees that the Distrvct bas five {S} scats train Ilse payment date to spans the Mitigation Payment for the capital improvcrnents or expenditures described in paragraph 6. hi the event that the Mitigation I'aynsont 19 not expended wlthiu those flue years, the moneys will be reRsi2dad with interest at the rata applied to judgments to the property owners of record at the time of rofLnd; however, if the 1Viitigatioit Pahntsu i.s not expended within five years due to daslay.whieh is attributable to the Developer, the Paymaiu shall be refunded without iniorest~ B. Tha Developer waives and relinquithas its right to protest or thallenga the payment of tUo Mitigation Payititnt pursuant to this Agrealneni and heroby covenants and undertakes that it forever refrains aid desists from instituting, asserting, fllittg or bringing any lawsuit, litigatia~t, claim. or challenge or proceeding to challenge this Agreement, claim aulyr repayment or reimburaament of Rinds, performance or improvements provided for therein, or any of its tat~ius tied aonditiona, on ratty ground or basis whatsoever. 9. The District hereby waives at~y objoction to the Project ag presently proposed. 10. Tli• District and the Developer agrees that the Mitigation Payment w111 be full acid complete mltigatioit for flu irtpaot of tho ProJoet as presently proposed on ttse Disaic*.. 11. This Agreement shall be binding upo~i and inure to tau benefit of t}:e hales, executors, ndminiatracora, ducceasora, and assigns of both of the Devtlolxr and the District. IN~nI,~~J~1~~~illl~lllIIIII~Illllll!'i~il~l ~~:,, 72/16/2002 22;13 360a582a69 BUSINESS OFFICE PaGE 03 ..~C'1'"CI~O~ TU- 0~:~'1 Aiti1 FA`~lt,c~l'll;S •JD~ ~~~ o~~u ~, ut,J~ uuY 12. If ssi action moat he brought to aifbne the tararie of this Agreement, such action shall be brought in Thttratoa County Superior Court. The prevailing party shalt be et-titlad to payment of its costs and reasonable attorneys' fees. 13. This A~raemcat con9titutas the entire agroemant between the parties alid~ any other agreement either written or anal shall be mill and void. EXHIBIT A LEGAL DESCR1PTi0N ~ General Location 10831 & 10847. V ++ci ~.. Yetrrt WA Section ~Q 'T'ownship ~ Range 2E Laird Arri .5,~ 8 ecros Tax Parcel Number: 22730130400, 22730130800 YELVI COIvLMUNI7Y SCHOOLS DISTRICT N0.2~ By: Alan BurkA Its Supcrirttandent STATE OF WASHINC3TON ) . )ss COUNTY OF THUR3TOI~I~ ) I certify that I know or have eatlsfaotory evidence that Alan Hurke is the par®ort who appeared before me, and said penoi~ aoknowledgod that he Signed this instrumoiit, on oath elated that he was autharized to axecuu rho instrument and aoknowtedged Et a the Suparinteadent of the Yelrn. Cotssmunity Schools District No. 2 to he the free uid voluntary sot of such party for the uses and purposes mentioned in the instrument. GNE'~1 under ray hand and official seal this ,~,~ day of 2002 ~ ~ ~ ~"'"'' N T Y LIC in and for the State of ! ., ••~' ~ ^*..,. ~~ 1~'ashingt , rosiding at -LC.l ~ ;~'.~~ ' ~' My CotnmiisEon Fo:piree: ~ ~~ . ~:. , y ~. 4 ~• l t~ •.,..... I I P 4/ 057af ~ ~ ~ f I I I; 94938/2992069 ' .~ r u~ ~ ~ •R ~ ~ 2 T}lJt'it0 D 12/16/2002 22:13 3604582469 BUSINESS OFFICE PAGE 04 )EG-1?-?00~ TG: O~.G~ AM FA~~II,I?lES T3tU 413 +~4.~4 .'. Li~9.,1E:~~} • DATED: z ' ~y~ Paul Lubbesmtye • Its Vioe President 5TA1'F OR WASI~iOTON } )s$ • COUNTY OF ~~~• ) I eertiFy that I know or have satisfactory evidence that Patti Lubbasraeyer is rho gorson who appea.^ed before rne, arrd said peraoa acknowledged that ire signed tlrit uistrurnent, on oath stand that he was authorized W execute tlae inairuurcnt and aoknawledgsd it as tha apptipni for this subdivision kt be the f~eo and voluntary aat of such party for rho uses a`~ doses inaa ' ned in a uietrutnent. GTVEIJ under my hand said official seal this ~~a ~~, of 482 , ,1,N~~af~f1~~ '-i, z ~ NOTARy ~ •'r ' ~~,~ ~fi1~11111tH Washington. residing at ~~~~ Ca lair ]3xg ~ ~Y ~~~~~~~Aip ~~~g~~a~i~~~~~~llfu-i ;~m,6;u, 01/09/2003 11:49 2535379163 LUBBESMEYER CONSTINC PAGE 02 STATE of `WASHINGTON I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to AUTUMN HILL HOMEOWNERS A5SOCIAT'ION A Washington Non-Profit Corporation. Articles of IncozporaLion were filed for recox'd in this offa.ce on the date indicated below UBI Number: 602 236 427 ~~` ~ ~~ o~ f~~ , . '`~ ~. a ~ ~ ~' ,y<7 ~` ~ ~~`~ I889 ~ Date: September 20, 2002 Given under my hand and the Seal of fhe State ~f Washington at Oiympra, the State Capital Sam Reed, Seueta~y of Stare sECx~T~xr ~s~ BYLAWS OF AUTUMN HILL HOMEOWNERS ASSOCIATION ARTICLE I. NAME AND LOCATION OF MEETINGS The name of the corporation is Autumn Hill Homeowners Association, hereinafter referred to as the "Association". Meetings of Members and Directors may be held at such places within the State of Washington, County of Autumn Hill, as may be designated by the Board of Directors. ARTICLE II. DEFINITIONS Session 1. "Association" shall mean and refer to Autumn Hill Homeowners Association and its successor and assigns. Section "Properties" shall mean and refer to the following described property and all additions thereto as may hereafter be brought within the jurisdiction of the Association: Plat of Autumn Hill recorded this day of , 2003, under Thurston County recording no. ,records of Thurston County, Washington. Section 3. "Common Area" shall mean all real property owned by the Association for the common use, benefit and enjoyment of the Owners. Section 4. "Building Site" shall mean and refer to any numbered plot of land shown upon the Plat of Autumn Hill with the exception of Tract A and Tract B. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Building Site which is a part of the Properties including contracts sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Covenants" shall mean and refer to the Protective, Utility and Maintenance Covenants applicable to the Properties recorded in the ice of the Thurston County Auditor on this day of 2003, under Thurston County recording no. Section 7. "Member" shall mean and refer to those persons who are rnembexs of the Association. Every Owner of a Building Site shall be a Member. ARTICLE IIL Bylaws Autumn Hill Homeowners Association Page 1 of 8 MEETING OF MEMBERS Section 1. ANNUAL MEETINGS. The regular annual meeting of the Members shall be held on the second Monday in January each year beginning in 2043. If the annual meeting is omitted by oversight or otherwise on the date provided for, a subsequent meeting may be held in place thereof, and any business transacted or elections held at such meeting shall be as valid as if transacted or held on the date established herein. Section 2. SPECIAL MEETINGS. Special meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the membership. Section 3. NOTICE OF MEETINGS. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 30 days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4. UORUM. The members present at the meeting of members or proxies are entitled to cast a vote, if fifty (50) percent of all votes of the membership are present, then it shall constitute a quorum for any action. If, however, such a quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. PROXIES. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Building Site. Section 6. MEMBERS. Every Owner of a Building Site shall be a Member of the Association. Membership shall be appurtenant to and may not be separated form ownership of any Building Site which is subject to assessment by the Association. Section 7. VOTING RIGHTS. The Association shall have one class of voting membership comprised of all Owners who shalt be entitled to one vote for each Building Site owned. When more than one person holds an interest in any Building site all such person shall be Members. The vote for such Building Site shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Building Site. ARTICLE IV. BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. NUMBER. The atI'airs of this Association shall be managed by a Board of three (3) directors, who after January 2003 must be Members of the Association. Bylaws Autumn Hill Homeowners Association Page 2 of 8 Section 2. TERM OF OFFICE. Each director shall hold office until the sine die adjournment of the next succeeding annual meeting and until his successor shall have been elected and is qualified. Section 3. REMOVAL. Any director may be removed from the Board, with or without cause, by a 75 percent majority vote of all the Members of the Association. In the event of a death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. COMPENSATION. No director shall receive compensation for any service rendered to the Association. However, any director may be reimbursed for actual expenses incurred in the performance of the duties of a director. Section 5. ACTION TAKEN WITHOUT A MEETING. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V. NOMINATION AND ELECTION OF DIRECTORS Section 1. NOMINATION. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the board of Directors as it shall in its discretion determining but not less than the umber of vacancies that are to be filled. Section 2. ELECTION. At the election of Directors the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VL MEETING OF DIRECTORS Section 1. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held quarterly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. SPECIAL MEETINGS. Special meetings of the board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days' notice to each director. Bylaws Autumn Hill Homeowners Association Page 3 of 8 Section 3. QUORUM. A majorit3~ of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a dully held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII. POWER AND DUTIES OF THE BOARD OF DIItECTORS Section 1. POWERS. The Board of Directors shall have power to: A. Adopt and publish rules and regulations governing the use of the Common Area, Private Road and easements shown on the Plat, to include Tracts A & B. B. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, the Covenants. C. Declare the office of a member of the board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors. D. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. E. File legal action on behalf of the Association to enforce any covenants affecting the Properties. F. Indemnify any director or officer or former director or officer or other person in the manner and to the extent provided by law. Section 2. DUTIES. It shall be the duty of the Board of Directors to: A. Cause to be kept a complete record of all of its acts any corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such meeting has been called by the Members. B. Supervise all officers, agents and employees of the Association, and to see that their duties are properly performed. C. As more fully provided in the Covenants to: 1. Fix the amount of the annual assessment against each Building Site at least thirty (3U) days in advance of each annual assessment period. Bylaws Autumn Hill Homeowners Association Page 4 of 8 2. Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period. 3. Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same. D. Issue, or to cause and appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. E. Procure and maintain adequate liability and hazard insurance on property owned by the Association. F. Cause ail officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. G. Cause to be maintained the Common Area, Private Road and easements shown on the Plat, to include Tract A & B, and far which the Association has maintenance responsibility. ARTICLE VIII. OFFICERS AND THEIR DUTIES Section 1. ENUMERATION OF OFFICERS. The offices of this Association shall be a president, a vice president, and asecretary-treasurer, who shall at all times be a member of the Board of Directors, and such other officers as the Board may from time to time resolution create. Section 2. ELECTION OF OFFICERS. The election of officers shall take place at each annual meeting of the members. Section 3. TERM. Each officer of this Association shall be elected annually by the Board and shall hold office for one (1) year unless the officer shall sooner resign, or shall be removed, or otherwise become disqualified to serve. Section 4. SPECIAL APPOINTMENTS. The Board may elect such other officers as the affairs of the Association may require each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. The Board of Directors of the Autumn Hill Homeowners Association shall designate a "responsible owner" and an "assistant" for the purpose of administering the road maintenance covenant. Bylaws Autumn Hill Homeowners Association Page 5 of S Section 5, RESIGNATION AND REMOVAL. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. VACANCIES. A vacancy in any office may be filled by appointment by the Board. The office appointed to such vacancy shalt serve for the remainder of the term of the officer he replaces. Section 7. MULTIPLE OFFICES. The offices of secretary-treasurer shall be held by the same person. No person shall simultaneously hold more than one office except in the case of special offices created pursuant to Section 4 of this VIII Article. Section 8. DUTIES. The duties of the officers are as follows. PRESIDENT A. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and except as otherwise repaired or limited by law; by these Bylaws, or by resolution of the Board of Directors, shall sign all leaves, mortgages, deeds and other written instruments on behalf of the Association. VICE-PRESIDENT B. The vice-president shall act in the place and stead of the president, when absent or unable or unwilling to act, and shall exercise and discharge such other duties as may be required by the Board. SECRETARY C. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal if the Board of Directors has adopted a seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and perform such other duties as required by the Board. TREASURER Bylaws Autumn Hill Homeowners Association Page 6 of 8 D. The treasurer shalt receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; cause an annual review of the Association's books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE XIlI COMMITTEES In addition to the Architectural Review Committee and the Nominating Committee, the Board of Directors may appoint such other committees as it deems appropriate. ARTICLE X. BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and The Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies maybe purchased at reasonable cast. ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the Member's Building Site. Any assessment which is not paid when due shall be delinquent. If the assessment is not paid when due, the assessment shall bear a twenty (ZO) dollar late fee and interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Building Site, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise avoid liability for the assessments provided for herein by nonuse of the Common Area or abandonment of Owner's Building Site. ARTICLE XII CORPORATE SEAL In the exercise of its discretion, the Board of Directors may adopt and maintain a suitable seal for the Association. ARTICLE XIII. Bylaws Autumn Hill Homeowne[s Association Page 7 of 8 AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the Members, by a majority vote of the Members present in person or by proxy, provided a quorum is present. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control, and in the case of any conflict between the Covenants and these Bylaws, the Covenants shall control. ARTICLE XIV. MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every, except that the first fiscal year shall begin on the date of incorporation. CERTIFICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of the Autumn Hill Homeowners Association, a Washington non-profit corporation, and, THAT the foregoing Bylaws constitute the original Bylaws of the Association, as a duly adopted by the Board of Directors. .~ IN WITNESS WHEREOF, I have hereunder subscribed my name this ~ Z day of ~~'RU Any , 2003. Charlene Sagapolu Secretary Bylaws Autumn Hill Homeowners Association Page 8 of 8 eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. ~. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Lubbesmeyer Construction, Inc. 2. Autumn Hill Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the NE I/4 and the NW 1/~ of the SE 1/4 of Section 30, Township 17 North, Range 2 East W.M. City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 22730130800 and 22730130900 uiiiiii~iiiuuiu~iiiuiiiiuiiiiiiiiiiiiuiiuu~ii~ ~s,osea~np r, WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ~ .i,~~3c.~~~~y~,il. C~~ti`'S+ ~~v"~.(hereinafter refereed 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 ,~}}",t,-UiYtn! f~-"~.~ , 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 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of 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 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 Illllllllllllll~lllllllllllnllllllilllllllllllllllllll d-=°,6~~n . 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. STATE OF WASHINGTON) ss COUNTY OF THURSTON ) 4, On this ~ ~~~~ day of ~ L1CY `~~~ .t~,' , 20 ~~, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act an~.~eed ,for the uses and purposes therein mentioned, and on oath stated that hP~she/they was (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 j~~~`~ d ~~ l L l ~ ~;~~~ , 20C~. ~'''~~~~~~'''~~ Notary Pubic in nd for the `~ ~~~`~~,RE...EFSl ,; State of Washington, residing in ~ ~ •'~ psaw V. ~' ~y , ~ R / ~ ~~ o°~ "9y:~ ~ L t l.~(!~ lam' ~: NQTAR~ _~~ . y ommission expi,es: (,- -~ - (';L_~ ,• ~'•,,,~F WAS~`~,~~''~ IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII fi~.. Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Company: Address: City, St Zip Items transmitted for: ^ Review and comment ^ As Requested ® For your records ^ Other Remarks: Enclosed please find the recorded documents for Case Number SUB-03-8332-YL, Autumn Hill Final Plat, for the construction of 26 single family residential lots. Date: April 9, 2003 Re: Recorded Documents File No: SUB-03-8332-YL Name: Autumn Hill The City of Yelm is an Equal Opportunity Provider City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Denise Hasch, Thurston County Assessors Office From: Tami Merriman, Assistant Planner Date: February 21, 2003 Re: Revised Final Plat for Autumn Hill Dear Denise: Attached please find a copy of the revised plat and lot closures for Autumn Hill. The developer and I will be at your office on Thursday, February 27, 2003 for recording. The developer knows that he will need to bring his taxes current. Thank you _.___, Tami Merriman Documentl4 THURSTON COUNTY SIYCE 1852 ~ECEI VEp Per........,...: MEMORANDUM Date: To: From: Subject: Thank you. 33 January 28, 2003 City of Yelm Denise Hasch AUTUMN HILL PATRICIA COSTELLO Assessor OFFICE OF THE ASSESSOR Attention: TAMI MERRIMAN I do not have comments about this project and approve it as submitted. Signature: My comments are as follows: ^ Please put acreage or square feet on each lot. ^ Please put Situs addresses, including city and zip code, on map. ^ Only Final Projects are reviewed. Preliminary Proposal is premature. ^ Lot closure needed prior to recording. ^ Map is unacceptable. Standard, full-size blueline map required. ^ Please inform the applicant that deed(s) will need to be recorded between parties for portion(s) being conveyed. ^ Parcels are under the Open Space/Forest Tax Program. Prior to recording, please have the applicant/owner contact a Customer Service Appraiser in the Assessor's Office at (360) 786-5410. ® Please inform the applicant that taxes must be current. There are delinquent taxes on Parcel # 22730130800, 22730130900 ^ Other: 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 IzE~y~i~a rarer x ~~ ~ y ° ~-'} - z w ~ o C z .c _• L ,~ ~~; y w Y ;dS D Z D m D Z ~~n ~O~ ~~O ~~m ~ r w ~ co oo~ -~ ~_o ~ ~ oU rrt o ~ Z N m ? ~ ~ ~ y ^ `/ /~~ l l ~ ~~ c y < n ~ ~ ~ ~ ~~ n ~ ~ ~ ~n ~ ~ p ~~~ rte'' m "' r0 m v c ; ~ . ~ ,-; ~~ ~ r°~' ; ~~' ~ Z ,~ ~ . `w ~ ,`,~ b ~~~ W~;~~ ;: ;.s V ~ '-~pR~ ~ `S I V .u l . ti s. O --- : ~ d ?<+,~ i~ a ,;~i ~~ p,~~~ ~~~~~ Kt ~^ ~ L . _ _.. n~~ d 4+ A d t L A R m ~. True Point Surveying 8705 Canyon Road East Puyallup, WA 98371 (253; 539-0942 Mon Dec 2.0 05:39:35 2004 AUTUMN HILL ------------------- ------------ ----------- ------------ PROJECT: c:\data\piat.pro ------------------------- PT# DESCRIPTION BEARING NORTHING FASTING ELEVATION CURVE DATA DISTANCE VERTICAL ANGLE - - ----------------- ------------------------------------------ MAP CHECK CLOSURE REPORT BOUNDARY ------------ - ---- - 18 COR 589187.49649 1116942.76441 N88 30'21"W 646.70 ft 16 COR 589209.30917 1116296.28320 N1 46'23"E 331.22 ft 9 COR 589535.36763 1116306.53081 N1 52'20"E 116.00 ft 15 COR 589651.30865 1116310.32073 S88 32'10"E 646.34 ft 17 COR 589634.79657 1116956.45358 Sl 53'58"W 116.00 ft 19 COR 589518.85696 1116952.60838 Sl 42'05"W 331.56 ft 18 COR 589187.44649 1116942.76441 ------------------ -------------------- Closing latitude ----------- = ----------- 0.00023 ------------ ------- Closing departure = -0.00213 Closing bearing = S83 45'16" E Closing distance = 0.00215 Total traverse length = 2187.82000 Total error of closure = 1/1019001 Error of closure in latitude = 1/9366721 Error of closure in departure = 1/1025085 Area = 289210.31 SQ FT Area = 6.64 ACRES * Y True Point Surveying 8705 Canyon Road East Puyallup, WA 98371 (25.>i 539-0942 Mon Dec 20 05:34:35 2009 AUTUMN HILL - PROJECT: c:\da~,:a~.plat.pro - ----------------- PT# DESCRIPTION ------------ BEARING ----------- ------------ NORTHING -------- F ----------------- ASTING E%,EVAT ON ------------------- CURVE DATA ------------ DISTANCE - ----- - VERTICAL ANGLE MAP CHECK CLOSURE REPORT 1 ---- - ------ ----- -------- ----------------- 101 COR 589345.58627 1116777 .38670 S88 17'55"E 60.00 ft 99 COR 589343.80486 1116837 .36025 S1 42'05"W 103.56 ft 100 COR 589240.29304 1116834 .28561 N88 30'21"W 60.00 ft 102 COR 589241.85754 1116774 .30562 Nl 42'05"E 103.77 ft 101 COR 589345.58627 1116777 .386707 Closing latitude = -0.00701 Closing departure = 0.00018 Closing bearing = Nl 30'23"W Closing distance = 0.00701 Total traverse length = 327.33000 Total error of closu re = 1/46673 Error of closure in latitude = 1/46690 Error of closure in departure = 1/1775612 Area = 6219.96 S4 FT Area = 0.14 ACRES • ~ Y True Point Surveying 870.5 Canyon Road East Puyallup, WA 98371 (253) 539-09.42 Mon Dec 20 05:34:35 2004 AUTUMN HILL ----------- - - PROJECT: c:\data\p:i:t.oro - ------ PT# DESCRIPTION ------------ BEARING - --------- ------------ NORTHING -------------------------- FASTING ELEVATION ------------------- CURVE DATA ------------ DISTANCE -- VERTICAL ANGLE MAP CHECK CLOSURE REPORT 2 --------- ------------ ------------------------- 104 COR 589347.36768 1116717.41315 S88 17'55"E 60.00 ft 101 COR 589345.58627 1116777.386?') Sl 42'05"W 103.77 ft 102 COR 589241.85754 1116774.30562 N88 30'21"W 60.00 ft 103 COR 589243.92205 1116714.3256; N1 42'05"E 103.99 ft 104 COR 589347.36768 1116717.4137` Closing latitude = 0.00298 Closing departure = 0.00048 Closing bearing = S9 09'32"W Closing distance = 0.00302 Total traverse length = 327.76000 Total error of closure = 1/108406 Error of closure in latitude = 1/109806 Error of closure in departure = 1/681056 Area = 6232.98 SQ FT Area = 0.14 ACRES r ~' True Point Surveyinq 8705 Canyon Road Ease. Puyallup, WA 98371 (253) 539-0992 Mon Dec 20 05:34:35 2009 AUTUMN HILL PROJECT: c:\,daLa`,pi~it.~ro ------------------- PT# DESCRIPTION ------------ BEARING ----------- ------------ NORTHING -------------------------- EASTINC: ELE~,IA'IiON CURVE DATA DISTANCE - --- VERTICAL ANGLE ------ ------------------ ------------------------------- MAP CHECK CLOSURE REPORT 3 --------- - --------- - 139 COR 589349.14909 1116657.43960 588 17'55"E 60.00 ft 104 COR 589347.36768 1116717.41315 Sl 42'05"W 103.99 ft 103 COR 589243.42205 1116714.3256:> N88 30'21"W 60.00 ft 106 COR 589244.98655 1116654.34569 Nl 42'05"E 104.21 ft 139 COR ~ 589349.14909 1116657.43960 -------------------- Closing latitude ----------- = ----------- 0.00298 ------------ ------------------------ Closing departure = 0.00048 Closing bearing = S9 09'32"W Closing distance = 0.00302 Total traverse length = 328.20000 Total error of closu re = 1/108551 Error of closure in latitude = 1/109953 Error of closure in departure = 1/681970 Area = 6246.00 SQ FT Area = 0.14 ACRES C True Point Surveying 8705 Canyon Road East Puyallup, WA 98371 {253) 539-0942 Mon Dec 20 05:34:35 7_009 AUTUMN HILL PROJECT: c: \da~.z\p1at.;-~ro PT# DESCRIPTION BEARING NORTHING FASTING ELF~'`~~'n,'?'~i ON CURVE DATA DISTANCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 4 107 COR 589350.93050 1116597 .96605 S88 17'55"E 60.00 ft 139 COR 589349.14909 1116657 .9:960 Sl 42'05"W 139.43 ft 105 COR 589209.78498 1116653 .;0003 N88 17'55"W 60.00 ft 108 COR 589211.56639 1116593 .32698 Nl 42'05"E 139.43 ft 107 COR 589350.93050 1116597 .46605 Closing latitude = 0.00000 Closing departure = 0.00000 Closing bearing = N90 00'00"W Closing distance = 0.00000 Total traverse length = 398.86000 Total error of closu re = > 1/9999999 Error of closure in latitude = > 1/9999999 Error of closure in departure = > 1/9999999 Area = 8365.53 SQ FT Area = 0.19 ACRES -- Truc. Point Surveying 8705 Canyon Road East Puyallup, WA 98371 (253. 6:>~-0942 Mon Dec 20 05:39:35 200~~1 AUTUMN HILL ------------------- ------------ ----------- ------------ PROJECT: ;...:\dat~i\plat.pro ------------------ PT# DESCRIPTION BEARING NORTHING ------- FASTING }?,LEVATION CURVE DATA DISTANCE VERTICAL ANGLE MAP CHECK CLOSURE R EPORT 5 114 COR 589352.71191 1116537.492.`,0 S88 17'55"E 60.00 ft 107 COR 589350.93050 1116597.46605 S1 42'05"W 154.43 . ft 141 COR 589196.57278 i116592.881~_3 N88 30'21"W 60.00 ft 113 COR 589198.13728 i116532..90i13 N1 42'05"E 154.64 ft 114 COR 589352.71191 1116537.492:~(i Closing latitude = -0.00701 Closing departure = 0.00018 Closing bearing = Nl 30'23"W Closing distance = 0.00701 Total traverse length = 429.07000 Total error of clos ure = 1/61181 Error of closure in latitude = 1/61202 Error of closure in departure = 1/2327504 Area 9272.06 SQ FT Area = 0.21 ACRES True Point >urveying 8705 Canvon Road East Puyallup, WA 983?1 i253'~ r, "3 `a-C1'~, 2 Mon Dec 20 05:34:35 2004 AUTUMN HILL PROJECT: c:\da`a`,pl.at.pro PT# DESCRIPTION BEARING NORTHING FASTING ELE~IATION CURVE DATA DISTP.NCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 6 109 COR 589340.96544 1116477.1177.; N57 25'10"E 14.16 ft RADIUS POINT: 10 589380.~i1762 1116460.24F24% RADIUS: 43.00 ft DELTA: 18 57' 36" LEFT ARC: 14.23 ft MIDDLE ORDINATE: 0.59 ft EXTERNAL: 0.60 ft DEG OF CURVATURE: 133 14' 96" ARC DEFI NITION TANGENT: 7.18 ft 458 589348.59273 1116489.05250; N69 49'14"E 19.91 ft RADIUS POINT: 469 589333.74394 1116502.950032 RADIUS: 20.00 ft DELTA: 43 45' 42" RIGHT ARC: 15.28 ft MIDDLE ORDINATE: 1.44 ft EXTERNAL: 1.55 ft DEG OF CURVATURE: 286 28' 44" ARC DEFINITION TANGENT: 8.03 ft 430 589353.73512 1116503.04963 S88 17'55"E 34.46 ft 114 COR 589352.?1191 1116537.49250 Sl 42'05"W 154.64 ft 113 COR 589198.13728 1116532.901- _'. N88 30'21"W 60.00 ft 110 COR 589199.70179 11164?2.921:. N1 42'05"E 141.33 ft 109 COR 589390.96544 1ll6477.i171 Closing latitude = 0.00557 Closing departure = -0.00348 Closing bearing = S32 00'56 "E Closing distance = 0.00656 Total tr averse length = 419.50000 Total er ror of closure = 1/63909 Error of closure in latitude = 1/75373 Error of closure in departure = 1/120549 Area = 9143.82 SQ FT Area = 0.21 ACRES True Point Surveying 8705 Canyon Road East Puyallup, WA 98371 (25 ,". -09;2 Mon Dec 2C 05:34:35 2~,:~~ AUTUMN HILL PROJECT: <,:Ada~.-~~`~,1~~-:~.~.t:ro ------------------------------- PT# DESCRIPTION BEARING ---------- ------------- NORTHING -------------------------- FASTING ELEVATION CURVE DATA DISTA NCE VERTICAL ANGLE ------------------------------- MAP CHECK CLOSURE REPORT 7 ---------- ------------- ------------------------- 122 COR 589340.93084 1116443.45680 N89 56'28"E 33.66 ft RADIUS POINT: 10 589380.51762 1116460.24629 RADIUS: 93.00 ft DELTA: 46 05' 00" LEFT ARC: 39.59 ft MIDDLE ORDINATE: 3.43 ft EXTERNAL: 3.73 ft DEG OF CURVATURE: 133 14' 46" ARC DEFI NITION TANGENT: 18.29 ft 109 COR 589390.96544 1116477.1171_, S1 42'05"W 141.33 ft 110 COR 589199.70179 1116472.92114 N88 30'21"W 60.00 ft 112 COR 589201.26629 1116412.941].' N1 42'05"E 84.59 ft 111 COR 589285.82115 1116415.45271 N26 56'15"E 61.82 ft 122 COR 589340.93089 1116443.45680 -------- Closing ----------------------- latitude = ---------- -0.00327 ------------- ------------------------- Closing departure = 0.00134 Closing bearing = N22 12'22 "W Closing distance = 0.00354 Total tr averse length = 381.40000 Total er ror of closure = 1/107855 Error of closure in latitude = 1/116496 Error of closure in departure = 1/285378 Area = 7626.95 SQ FT Area = 0.18 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10:21 AM AUTUMN HILL ----- ------------ PROJECT: D:\Data\27300100\PLAT.pro -------------------------- ----------- -------------------------- CLOSURE RE PORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indic ated herein. Boundary Name: 8 Point Number Description Sta Northing Easting Elevation Bearing Distance ------------------------- - -- ------------ ------------------------------------- - - - 120 COR 0+00.00 589244.68629 1116297.53304 COR N50°08'43"E 168.96 ft 119 COR 1+68.96 589352.96315 1116427.23887 COR Center Point: 10 589380.51941 1116460.24875 Radius: 43.00 ft Delta: 27°09'45" Left Arc Length: 20.39 ft Chord Bearing: S53°26'10"E Chord Length: 20.19 ft Middle Ordinate: 1.20 ft External: 1.24 ft Deg of Curvature: 133°14'46" Arc Definition Tangent: 10.39 ft Curve PI: 589344.98683 1116433.89345 122 COR 1+89.34 589340.93559 1116443.45534 COR S26°56'15"W 61.82 ft 111 COR 2+51.16 589285.82298 1116415.44974 COR S01°42'05"W 84.59 ft 112 COR 3+35.75 589201.27028 1116412.93823 COR N88°30'21"W 116.70 ft 16 COR 4+52.45 589204.31325 1116296.27791 COR N01°46'23"E 40.40 ft 120 COR 4+92.85 589244.69391 1116297.52791 COR---------------------------------------- ------------------------------------- Closing latitude = 0.00762 Closing departure = -0.00512 Closing bearing = S33°55'38" E Closing distance = 0.0091$ Total traverse length = 492.66 (4 92.85) Total error of closure = 1/53655 Error of closure in latitude = 1/64664 Error of closure in departure = 1/96132 Area = 11606.12 S Q FT Area = 0.27 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10:17 AM AUTUMN HILL PROJECT: D:\Data\27300100\PLAT.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: 9 Point Number Description Sta Northing Fasting elevation Bearing Distance -------------- -------------- ------------- ------------------------ --------------- 118 COR 0+00.00 589352.28065 1116300.86352 COR N79°57'12"E 118.86 ft 117 COR 1+18.86 589373.01580 1116417.90092 COR Center Point: 10 589380.51716 1116460.24156 Radius: 43.00 ft Delta: 29°48'30" Left Arc Length: 22.37 ft Chord Bearing: S24°57'02"E Chord Length: 22.12 ft Middle Ordinate: 1.45 ft External: 1.50 ft Deg of Curvature: 133°14'46" Arc Definition Tangent: 11.44 ft Curve PI: 589361.74712 1116419.90214 119 COR 1+41.24 589352.96022 1116427.23193 COR S50°08'43"W 168.96 ft 120 COR 3+10.19 589244.68335 1116297.52610 COR NOl°46'23"E 107.65 ft 118 COR 4+17.84 589352.28181 1116300.85687 COR-------------------------- --------------------------------------------------- Closing latitude = 0.00116 Closing departure = -0.00665 Closing bearing = S80°05'14" E Closing distance = 0.00675 Total traverse length = 417.59 (417.84) Total error of closure = 1/61861 Error of closure in latitude = 1/359346 Error of closure in departure = 1/62798 Area = 8046.35 SQ FT Area = 0.18 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10: 17 AM AUTUMN HILL ---------- ------------ PROJECT: D:\Data\27300100\PLAT.pro ------------------------------------- --------------------- CLOSURE RE PORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord leng ths as indic ated herein. Boundary Name: 10 Point Number Description Sta Northing Easting Elevation Bearing Distance ------------------------- - ------------ ------------------------------------- --- -- 115 COR 0+00.00 589423.02024 1116303.05320 COR S88°17'55"E 132.04 ft 116 COR 1+32.04 589419.09991 1116435.03499 COR Center Point: 4 72 589425.42393 1116416.06114 Radius: 20.00 ft Delta: 27°01'48" Right Arc Length: 9.44 ft Chord Bearing: S31°56'53"W Chord Length: 9.35 ft Middle Ordinate: 0.55 ft External: 0.57 ft Deg of Curvature: 286°28'44" Arc Definition Tangent: 4.81 ft Curve PI: 589414.53953 1116433.51395 468 1+41.47 589411.16618 1116430.08743 Center Point: 10 589380.51585 1116460.24630 Radius: 43.00 ft Delta: 55°30'35" Left Arc Length: 41.66 ft Chord Bearing: S17°42'30"W Chord Length: 40.05 ft Middle Ordinate: 4.95 ft External: 5.59 ft Deg of Curvature: 133°14'46" Arc Definition Tangent: 22.63 ft Curve PI: 589395.29741 1116413.95822 117 COR 1+83.13 589373.01386 1116417.90536 COR S79°57'12"W 118.86 ft 118 COR 3+02.00 589352.27870 1116300.86796 COR N01°46'23"E 70.77 ft 115 COR 3+72.77 589423.01482 1116303.05763 COR---------------------------- ------------------------------------------------- Closing latitude = -0.00543 Closing departure = 0.00444 Closing bearing = N39°15'39" W Closing distance = 0.00701 Total traverse length = 371.07 (372.77) Total error of closure = 1/52936 Error of closure in latitude = 1/68369 Error of closure in departure = 1/83648 Area = 7015.43 SQ FT Area = 0.16 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10: 17 AM AUTUMN HILL --------- ------------ PROJECT: D:\Data\27300100\PLAT.pro ------------------------------------- ---------------------- CLOSURE RE PORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indic ated herein. Boundary Name: 11 Point Number Description Sta Northing Easting Elevation Bearing Distance --------------------- - - ------------ ------------------------------------- ------ - - 129 COR 0+00.00 589482.99157 1116304.90956 COR S88°17'55"E 132.81 ft 130 COR 1+32.81 589479.04838 1116437.66100 COR S01°42'05"W 54.24 ft 440 1+87.05 589424.83229 1116436.05059 Center Point: 472 589425.42610 1116416.05941 Radius: 20.00 ft Delta: 16°43'55" Right Arc Length: 5.84 ft Chord Bearing: S10°04'02"W Chord Length: 5.82 ft Middle Ordinate: 0.21 ft External: 0.22 ft Deg of Curvature: 286°28'44" Arc Definition Tangent: 2.94 ft Curve PI: 589421.89027 1116435.96394 116 COR 1+92.89 589419.10190 1116435.03324 COR N88°17'55"W 132.04 ft 115 COR 3+24.93 589423.02223 1116303.05145 COR N01°46'23"E 60.00 ft 129 COR 3+84.93 589482.99350 1116304.90789 COR---------------------------- ------------ ------------------------------------- Closing latitude = 0.00193 Closing departure - -0.00166 Closing bearing = S40°43'53" E Closing distance = 0.00255 Total traverse length = 384.91 (384.93) Total error of closure = 1/150942 Error of closure in latitude = 1/199190 Error of closure in departure = 1/231324 Area = 7969.28 SQ FT Area = 0.18 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10:17 AM AUTUMN HILL PROJECT: D:\Data\27300100\PLAT.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: 12 Point Number Description Sta Northing Easting Elevation Bearing Distance -------------------------------------------------------------------------------- 132 COR 0+00.00 589542.96250 1116306.77907 COR S88°17'55"E 132.72 ft 133 COR 1+32.72 589539.02198 1116439.44056 COR S01°42'05"W 60.00 ft 130 COR 1+92.72 589479.04843 1116437.65913 COR N88°17'55"W 132.81 ft 129 COR 3+25.53 589482.99162 1116304.90768 COR NO1°46'23"E 52.40 ft 9 COR 3+77.93 589535.36654 1116306.52898 COR N01°52'20"E 7.60 ft 132 COR 3+85.53 589542.96248 1116306.77727 COR----------------------------------------------------------------------------- Closing latitude = -0.00002 Closing departure = -0.00180 Closing bearing = N89°19'07"E Closing distance = 0.00180 Total traverse length = 385.53 (385.53) Total error of closure = 1/214363 Error of closure in latitude = 1/18025088 Error of closure in departure = 1/214379 Area = 7966.34 SQ FT Area = 0.18 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10:17 AM AUTUMN HILL PROJECT: D:\Data\27300100\PLAT.pro CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord lengths as indicated herein. Boundary Name: 13 Point Number Description Sta Northing Easting Elevation Bearing Distance -------- - ----- -------- -------------- ------------------------ ----- ------------ 136 - -- COR 0+00.00 589596.93391 1116308.54331 COR S88°17'55"E 132.56 ft 137 COR 1+32.56 589592.99814 1116441.04487 COR S01°42'05"W 54.00 ft 133 COR 1+86.56 589539.02195 1116439.44159 COR N88°17'55"W 132.72 ft 132 COR 3+19.28 589542.96247 1116306.78010 COR N01°52'20"E 54.00 ft 136 COR 3+73.28 589596.93364 1116308.54431 COR-- ------------------------ ----- -------- ------------- ------------------------- Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure Area Area _ -0.00027 = 0.00100 = N74°53'02"W = 0.00103 = 373.28 (373.28) = 1/360791 = 1/1383528 = 1/373722 = 7162.67 SQ FT = 0.16 ACRES TERRA NORTHWEST 11921 Canyon Road East Puyallup WA 98373 253-531-0512, fax 253-537-1677 Monday, February 10, 2003 6:10:17 AM AUTUMN HILL ------ PROJECT: ---------------------- D:\Data\27300100\PLAT.pro ------------------------- ----------------- ---------- CLOSURE REPORT Coordinate values shown are computed based on the rounded bearing and distance, or chord bearing and chord length s as indicated herein. Boundary Name: 14 Point Number Description Sta Northing Fasting Elevation Bearing Distance 15 COR 0+00.00 589651.30865 1116310.32073 COR S88°32'10"E 132.40 ft 675 1+32.40 589647.92624 1116442.67752 S01°42'05"W 54.95 ft 137 COR 1+87.35 589593.00046 1116441.04603 COR N88°17'55"W 132.56 ft 136 COR 3+19.91 589596.93623 1116308.54447 COR NOl°52'20"E 54.40 ft 15 COR 3+74.32 589651.30719 1116310.32175 COR-------------- ---------------- ---------------------- ------------------------- Closing latitude = -0.00146 Closing departure = 0.00102 Closing bearing = N34°59'27"W Closing distance = 0.00178 Total traverse le ngth = 374.31 (374.32) Total error of cl osure = 1/210686 Error of closure in latitude = 1/257171 Error of closure in departure = 1/367405 Area = 7243.73 SQ FT Area = 0.17 ACRES True Point Surveying 8705 Canyon Road Eas?_ Puyallup, WA 983,1 (25_s; 9-!:~ i2 Mon Dec 20 05:34:36 20Ci4 AUTUMN HILL - PROJECT : c : `~,dai_ <., A;,:~1 -;~ ~ >>-c> ----- --- --------- ------------------- PT# DESCRIPTION ------------ BEARING -------- - ------------- NORTHING -------- F - - - ASTING c,LF,`~IF1~f.'=ON CURVE DATA DISTANCE - -- VERTICAL -------- ANGLE -------------------- ------------------------------- MAP CHECK CLOSURE REPORT 15 ---------- -------- -- 423 589646.49559 1ll6498 .660:i_`= S88 32'10"E 127.47 ft 138 COR 589643.23900 1116626 .O~a',~,=' Sl 27'50"W 55.53 ft 124 COR 589587.72706 1116624 .6?491 N88 17'55"W 127.70 ft 135 COR 589591.51861 11i6497 .02`7;~:; Nl 42'05"E 55.00 ft 423 - ---------- ----------- 589646.49559 ------------ 1116998 -------- .6601.; ----------------- ------------------ - Closing latitude - = -0.00111 Closing departure = -0.00095 Closing bearing = N40 25'40" E Closing distance = O.OOI46 Total traverse length = 365.70000 Total error of closu re = 1/249979 Error of closure in latitude = 1/328391 Error of closure in departure = 1/385479 Area = 7051.29 SQ FT Area = 0.16 ACRES True Point Surveying 8705 Canyon Road East Puyallup WA 98371 (253) 53~~-0`+42 Mon Dec 20 05:34:36 2009 AUTUMN HILL - ---------- PROJECT: --------- c:Adata\plat.pro ---------------- ------------------- PT# DESCRIPTION ------------ BEARING ---------- - - NORTHING EASTI~~1G I?~T_,LtJ\TION CURVE DATA DISTr.NCE VEKTICAL AC1G;_.E MAP CHECK CLOSURE REPORT 16 135 COR 589591.51861 1116497. 02716 S88 17'55"E 127.70 ft 124 COR 589587.72706 1116624. 67491 S1 27'50"W 60.00 ft 126 COR 589527.74612 1116623. 14209 N88 17'55"W 127.95 ft 134 COR 589531.54506 1116495. 24575 Nl 42'05"E 60.00 ft 135 COR 589591.51861 111649/. 02716 Closing latitude = 0.00055 Closing departure = -0.00128 Closing bearing = S66 32'14 "E Closing distance = 0.00139 Total traverse length = 375.65000 Total error of clos ure = 1/270178 Error of closure in latitude = 1/678581 Error of closure in departure = 1/294530 Area = 7669.70 SQ FT Area = 0.18 ACRES True Point Surveying 8705 Canyon Road Fast Puyallup, WP. 98371 f2~, ; 39-0942 Mon Dec 20 05:34:36 ~?OC^• AUTUMN HILL PROJECT: c: Adata\t~1~t. c,ro ------------------- PT# DESCRIPTION ------------ BEARING ---------- ------------- NORTHING -------- F ------------------ ASTING F?.E`S'A^~' :ON CURVE DATA DISTP.NCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 17 134 COR 589531.54506 1116495 .29~=~75 S88 17'55"E 127.95 ft 126 COR 589527.?4612 1116523 .1=9~C'c; S1 27'50"W 60.00 .ft 125 COR 589467.?6519 11i6621 .~:0'%2~; N88 17'55"W 128.20 ft 127 COR 589471.57151 1116493 .96434 N1 42'05"E 60.00 ft 134 COR 589531.54506 1116495 .245?5 ------------------- Closing latitude ------------ = ----------- 0.00055 ------------ -------- ----------------- Closing departure = -0.00128 Closing bearing = S66 32'19" E Closing distance = 0.00139 Total traverse length = 376.15000 Total error of clos ure = 1/270538 Error of closure in latitude = 1/679485 Error of closure in departure = 1/294922 Area = 7684.63 SQ FT Area = 0.18 ACRES True Point Surveying 8705 Canyon Road East. Puyallup, WA 98371 (2 ",, ';")'?-09'.12 Mon Dec 20 05: '4:36 _ (1O4 AUTUMN HILL PROJECT : c : ~~_c:iat<~~`,pl at .pro PT# DESCRIPTION BEARING NORTHING EAST.It~G ~-, L.E`.iATION CURVE DATA DISTANCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 18 127 COR 589471.57151 1116493. 464."~~ S88 17'55"E 128.20 ft 125 COR 589467.76519 1116621. 60926 Sl 27'50"W 61.50 ft 128 COR 589406.28473 1116520. 0381 i. N88 17'55"W 108.46 ft 421 589409.50482 111651 L. 6295si N43 17'55"W 28.28 ft RADIUS POINT: 425 589429.49600 1116512. 2>338 RADIUS: 20.00 ft DELTA: 90 00'00" RIGHT ARC: 31.42 ft MIDDLE ORDINATE: 5.86 ft EXTERNAL: 8.28 ft DEG OF CURVATURE: 286 28'44" ARC DEFI NITION TANGENT: 20,00 ft 427 589430.08981 1116492. 23220 Nl 42'05"E 41.50 ft 127 COR 589471.57151 1ll6493. 46431 Closing latitude = -0.00293 Closing departure = -0.00213 Closing bearing = N41 11'26" E Closing distance = 0.00323 Total tr averse length = 367.99000 Total er ror of closure = 1/113952 Error of closure in latitude = 1/151427 Error of closure in departure = 1/173031 Area = 7806.39 SQ FT Area = 0.18 ACRES True Point Surveying 870 Canyon Road Eart Fu~,~allup, WA 98371 ! ' :~! ~ <,~~-09?? Mon Dec 20 05:34:36 2r:,O1 AUTUMN HILL PROJECT: c:Adata\plat.;~ro PT# DESCRIPTION BEARING NORTHING EP.STINC; ELE~,IAT?OIQ CURVE DATA DISTA NCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 19 125 COR 589467.76519 1116621. 6092r~ S88 27'27"E 122.06 ft 1161 5894E>9.4?971 111.6743. 6271:; S20 37'46"E 15.20 ft RADIUS POINT: 1172 589450.84983 1].16728. y9Ci6~ RADIUS: 20.00 ft DELTA: 44 39' 43" RIGHT ARC: 15.59 ft MIDDLE ORDINATE: 1.50 ft EXTERNAL: 1.62 ft DEG OF CURVATURE: 286 28' 44" ARC DEFI NITION TANGENT: 8.22 ft 911 589450.25603 111674~8. 9818~? S1 42'05"W 27.78 ft 812 589922.48801 1116748. 15704 S46 42'05"W 28.28 ft RADIUS POINT: 811 589423.08181 1116728. 1(a58t~ RADIUS: 20.00 ft DELTA: 90 00' 00" RIGHT ARC: 31.42 ft MIDDLE ORDINATE: 5.86 ft EXTERNAL: 8.28 ft DEG OF CURVATURE: 286 28' 44" ARC DEFI NITION TANGENT: 20.00 ft 813 589403.09063 1116727. 57:0' N88 17'55"W 107.58 ft 128 COR 589406.'8473 1116620. 03811. Nl 27'50"E 61.50 ft 125 COR 589467.76519 11166L'.. 6,) ):% Closing latitude = 0.00081 Closing departure = 0.00295 Closing bearing = S74 37'44 "W Closing distance = 0.00306 Total tr averse length = 362.40000 Total er ror of closure = 1/118427 Error of closure in latitude = 1/446778 Error of closure in departure = 1/122820 Area = 7765.60 SQ FT Area = 0.18 .ACRES True Point Surveying 8705 Canyon Road East. Puyallup, WA 983?1 ~ "~s:+-0992 Mon Dec 20 05:39:36 _,~!)~; AUTUMN HILL PROJECT: c;:Adat~\pat.a?ro PT# DESCRIPTION BEARING NORTHING EA S~~^I!vG ELEVATION CURVE DATA DISTANCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 20 123 COR 589556.94878 1116623. 8883' S69 49'26"E 116.33 ft 147 COR 589516.82607 1116733. 07969 S11 23'32"E 53.40 ft RADIUS POINT: 13 589999.23589 1116780. 950~.:~. RADIUS: 51.00 ft DELTA: 63 08' 11" LEFT ARC: 56.20 ft MIDDLE ORDINATE: 7.55 ft EXTERNAL: 8.86 ft DEG OF CURVATURE: 112 20'41" P.RC DEFI NITION TANGENT: 31.34 ft 1161 589469.47971 1116743. 62713 N88 27'27"W 122.06 ft 125 COR 589967.76519 1116621. 60926 N1 27'50"E 89.21 ft 123 COR 589556.94878 1116623. 8893? Closing latitude = -0.00438 Closing departure = 0.00270 Closing bearing = N31 37'44" W Closing distance = 0.00519 Total tr averse length = 381.00000 Total er ror of closure = 1/74075 Error of closure in latitude = 1/86997 Error of closure in departure = 1/141253 Area = 7818.11 SQ FT Area = 0.18 ACRES True Point Surveying 8705 Canyon Road Ea.s~ Puyallup, WA 98371 (:'S3' ">"''-0'~'' Mon Dec 20 05:34:36 200: AUTUMN HILL PROJECT: r,: Adat~`~pi-=it , >ro ------------------------------- PT# DESCRIPTION BEARING ---------- ------------- NORTHING -------- F ----------------- ASTING; ~~I,E'Jn.TTON CURVE DATA DISTANCE VERTICAL ANGLE MAP CHECK CLOSURE REPORT 21 138 COR 589693.23900 1116626 .093 5 S88 32'10"E 30.51 ft 150 COR 589642.45967 1116656 .589'(` S40 58'04"E 138.68 ft 151 COR 589537.74499 1116747 .512~~` S34 36'15"W 25.41 ft RADIUS POINT: 13 589499.23589 1.116780 .9501:r RADIUS: 51.00 ft DELTA: 28 51' 23" LEFT ARC: 25.69 ft MIDDLE ORDINATE: 1.61 ft EXTERNAL: 1.66 ft DEG OF CURVATURE: 112 20' 41" ARC DEFI NITION TANGENT: 13.12 ft 147 COR 589516.82607 1116733 ,07961 N69 49'26"W 116.33 ft 123 COR 589556.94878 ll16623 .888",7 N1 27'50"E 86.32 ft 138 COR 589643.23900 1116626 .0935' Closing latitude = 0.00629 Closing departure = 0.00658 Closing bearing = S46 18'04 "W Closing distance = 0.00910 Total tr averse length = 397.25000 Total er ror of closure = 1/43651 Error of closure in latitude = 1/63183 Error of closure in departure = 1/60377 Area = 8320.50 SQ FT Area = 0.19 ACRES True Point Surveying 8705 Canyon Road East Puya)_lup, WA 98371 !?~;,' ~-''n...r~cjrj Mon Dec 20 05:34:36 %Oij AUTUMN HILL PROJECT: c: `~c+a~~~~a\plar .pro PT# DESCRIPTION BEARING NORTHING EP. STIl~1G ~'~L~~`%L~.'C ON CURVE DATA DISTA NCE ----- VERTICAL --------- AIvGI,E ---------------- ------------------------------- MAP CHECK CLOSURE REPORT 22 ---------- -------- 150 COR 589642. 45967 1116656. 58930 S88 32'10"E 127.98 ft 148 COR 589639. 19020 1116789. 52672 Sl 27'50"W 89.00 ft 149 COR X89550. 21925 1116782. 25"_'0`:; S70 14'53"W 36.91 ft RADIUS POINT: 13 589499. 23589 1116780. 9501.'; RADIUS: 51.00 ft. DELTA: 42 25' 54" LEF T ARC: 37.77 ft MIDDLE ORDINATE: 3.46 ft EXTERNAL: 3.71 ft DEG OF CURVATURE: 112 20' 41" ARC DEFI NITION TANGENT: 19.80 ft 151 COR 589537. 74494 1116747. 51285 N40 58'04"W 138.68 ft 150 COR 589642. 45967 1116656. 58930 Closing latitude = 0.00014 Closing departure = 0.00278 Closing bearing = S87 01'00 "W Closing distance = 0.00279 Total traverse length = 392.57000 Total error of closure = 1/140922 Error of closure in latitude = 1/2707769 Error of closure in departure = 1/141113 Area = 7995.43 SQ rT Area = 0.18 ACRES True Point Survelinq 8705 Canyon Road East Puyallup, WA 98 3~', ~' ^_~)'~~ ? Mon Dec 20 05:39:36 ~CiC- AUTUMN HILL ------------------------------- ---------- ------------- PROJECT : --------- c :Ada t:-,':.glut . ;~~ro ---------------- PT# DESCRIPTION BEARING NORTHING EASTIN~~ c~LE'IATION CURVE DATA -------------- DISTANCE VERTICAL ANC:'_,E ----------------- MAP CHECK CLOSURE REPORT 23 ---------- ------------- --------- ---------------- 148 COR 589639.19020 1116784. 5267? S88 32'10"E 128.98 ft 145 COR 589635.90801 1116912. 9~ih~'~ S44 00'22"W 139.02 ft 146 COR 589535.9?.836 11168.16. 38'_~~'" N67 15'54"W 37.00 ft RADIUS POINT: 13 589499.23589 1116780. 9501 RADIUS: 51.00 ft DELTA: 42 32'32" LEFT ARC: 37.87 ft MIDDLE ORDINATE: 3.47 ft EXTERNAL: 3.73 ft DEG OF CURVATURE: 112 20'41" ARC DEFI NITIOb1 TANGENT: 19.85 ft 149 COR 589550.21925 111678'2. 2530'=: N1 27'50"E 89.00 ft 148 COR 589639.19020 1116784. 526,-' Closing latitude = -0.00426 Closing departure = 0.00499 Closing bearing = N46 30'01" W Closing distance = 0.00619 Total traverse length = 393.50000 Total error of closure = 1/63592 Error of closure in latitude = 1/92383 Error of closure in departure = 1/87667 Area = 8027.76 SQ FT Area = 0.18 ACRES True Point Surveying 8705 Canyon Road East Pu~~allup, WA 98371 ;3~;,, -~~<._Oc,; Mon Dec 20 05:34:36 001 AUTUMN HILL PROJECT: c: A~rz~ ~' ~'.,` .,pro ------------------------------- PT# DESCRIPTION BEARING ---------- ------------- NORTHING -------------------------- EAS'"IN(1 ,LEV.STON CURVE DATA DISTANCE VERTICAL Aiv~";L=. MAP CHECK CLOSURE REPORT 24 145 COR 589635.90801 1116912.96169 S88 32'10"E 30.51 ft 179 589635.12869 1116993.4574; S1 53'58"W 88.73 ft 142 COR 589596.49688 1116940.5161?, S73 31'05"W 115.40 ft 143 COR 589513.70528 1116829.85952 N31 14'16"W 25.98 ft RADIUS POINT: 13 589499.23589 1116780.9507.`; RADIUS: 51.00 ft DELTA: 29 30'42" LEFT ARC: 26.27 ft MIDDLE ORDINATE: 1.68 ft EXTERNAL: 1.79 ft DEG OF CURVATURE: 112 20'41" ARC DEFINITION TANGENT: 13.43 ft 146 COR 589535.91836 1116815.38173 N44 00'22"E 139.02 ft 145 COR 589635.90801 1116912.96ir~ Closing latitude = 0.00462 Closing departure = 0.01000 Closing bearing = S65 12'39" W Closing distance = 0.01102 Total tr averse length = 399.64000 Total er ror of closure = 1/36266 Error of closure in latitude = 1/86997 Error of closure in departure = 1/39947 Area = 8471.92 Sc~) FT Area = 0.19 ACRES ,. T.r_ue Point Sur~•~e;~inq 8705 Canyon Road Easy.. Puyallup, WA 98371 !~', ~~~ ;'~-0942 Mon Dec 20 05:39:36 20Ci4 AUTUMN HILL PROJECT: c:Ada~-1`~plat.pro ------------------------------- PT# DESCRIPTION BEARING ---------- ------------- NORTHING ------------------------- FASTING L•',LE'v'AT:CON CURVE DATA DISTANCE VERTICAL ANC~~:L; MAP CHECK CLOSURE REPORT 25 153 COR 589458.37311 1116937. 80608 N88 08'21"W 121.73 ft 1168 589462."2571 1116816. 1494; N14 56'26"E 53.18 ft RADIUS POINT: 1_', 589499.23589 1116780. 9501:; RADIUS: 51.00 ft DELTA: 62 50'43" LEFT ARC: 55.94 ft MIDDLE ORDINATE: 7.48 ft EXTERNAL: 8.76 ft DEG OF CURVATURE: 112 20'91" P.RC DEFI NITION TANGENT: 31.16 ft 143 COR 589513.70528 1116829. 85-152 N73 31'05"E 115.40 ft 142 COR 589545.44688 1116990. 5i62~i S1 53'58"W 27.20 ft 2 COR 589519.26540 1116939. 619 Sl 42'05"W 60.92 ft 153 ------- COR ---------- - 589458.37311 1116937. 80608 Closing -- ----------- latitude = ----------- -0.00270 ------------ --------- ---------------- Closing departure = -0.00729 Closing bearing = N69 41'56" E Closing distance = 0.00777 Total traverse length = 378.43000 Total error of closure = 1/48681 Error of closure in latitude = 1/14031/ Error of closure in departure - 1/5190~~ Area = 7709.22 SQ FT Area = 0.18 ACRES True Point Surveying 8705 Canyon Road East Puyallup, WA 98371 r~';' '~ `~--~)~~~12 Mon Dec 20 05:34:36 20E)<J AUTUMN HILL PROJECT : ~, : ` ,-:' ,~ A , - ~:>>~o ------------------------------- PT# DESCRIPTION BEARING ----------- ------------ NORTHING ---------------------------- EAS"'IPiG !~;1.~T,`JA'i' I:ON CURVE DATA DISTANCE VERTICAL, ANC~Lr; MAP CHECK CLOSURE REPORT 26 1168 589462.32571 1116816. 14945 S88 08'21"E 121.73 ft 153 COR 589458.37311 1116937. 80608 Sl 42'05"W 36.50 ft 445 589421 . ~~8921 1116936. 722 S46 42'05"W 35.36 f_t RADIUS POINT: 944 589422.63196 i116911. 73;~9~~,. RADIUS: 25.00 ft DELTA: 90 00'0 0" RIGHT ARC: 39.27 ft MIDDLE ORDINATE: 7.32 ft EXTERNAL: 1.0.36 ft DEG OF CURVATURE: 229 10'59" ARC DEFINITION TANGENT: 25.00 ft 428 589397.64248 1116910. 99116 N88 17'55"W 82.50 ft 831 589400.09192 1116828. 5275" N43 17'55"W 28.28 ft RADIUS POINT: 830 589420.08310 ll16829. 121.3 RADIUS: 20.00 ft DELTA: 90 00'0 0" RIGHT ARC: 31.92 ft MIDDLE ORDINATE: 5.86 ft EXTERNAL: 8.28 ft DEG OF CURVATURE: 286 28'4 4" ARC DEFINITION TANGENT: 20.00 ft 832 589420.67691 1116809. 1301'=; Nl 42'05"E 27.78 ft 913 589448.44493 1116809. ~35.19~ N24 Ol'56"E 15.20 ft RADIUS POINT: 1169 589447.85113 1116829. 9451'. RADIUS: 20.00 ft DELTA: 44 39'4 3" RIGHT ARC: 15.59 ft MIDDLE ORDINATE: 1.50 ft EXTERNAL: 1.62 ft DEG OF CURVATURE: 286 28'4 4" ARC DEFINITION TANGENT: 8.22 ft 1168 ---------- ---------------------- ---------- 589462.32571 ------------- 1116816.144.15 ------------------------ .,, True; Point Surveying 8705 Canyon Road East: Puyallup, WA 98,371 ~2_`:<,; .,39--0992 Mon Dec 20 05:39:36 2004 AUTUMN HILL PROJECT: c: \d.-n a`, r, ._l~~fi..r~r.o PT# DESCRIPTION BEARING CURVE DATA ------------------------------ NIAP CHECK CLOSURE REPORT 26 Closing latitude Closing departure Closing bearing Closing distance Total traverse length Total error of closure Error of closure in latitude Error of closure in departure NORTHING FASTING >LEVATION DISTANCE VERTICAL ANGLE ----------------------------------------------- -0.00512 0.00940 N40 41'43"W 0. OOF,75 347.35000 1/51429 1/67832 1/78875 Area = 7618.58 SQ FT Area = 0.17 ACRES True Point Surveying 8705 Canyon Road East. Puyallup, WA 98371 (25 539-0942 Mon Dec 20 0.5:34:36 201)4 AUTUMN HILL PROJECT: c:\data\plat.p.ro PT# DESCRIPTION BEARING NORTHING FASTING ELEVATION CURVE DATA ----- DISTA --------- NCE ------------- VERTICAL P.NGLE -------------------------- --------------------------- MAP CHECK CLOSURE REPORT TRACT A 99 COR 589343.80486 1116837.36025 S88 17'55"E 77.00 ft 433 589341.51872 1116919.32630 S43 17'55"E 28.28 ft RADIUS POINT: 432 589321.52753 1116913.73251) RADIUS: 20.00 ft DELTA: 90 00' 00" RIGHT ARC: 31.42 ft MIDDLE ORDINATE: 5.86 ft EXTERNAL: 8.28 ft DEG OF CURVATURE: 286 28' 44" ARC DEFI NITION TANGENT: 20.00 ft 285 589320.93373 1116933.72368 Sl 42'05"W 83.21 ft 180 589237.76375 1115931.2532!=, N88 30'21"W 97.00 ft 100 COR 589240.29304 1116834.28`.61 Nl 42'05"E 103.56 ft 99 COR -- --------- 589343.80486 ------------- 1116837.36025 ------------------------- ------------------------------ Closing latitude = 0.00227 Closing departure = -0.00232 Closing bearing = S45 37'03 "E Closing distance = 0.00325 Total traverse length = 389.05000 Total error of closure = 1/119877 Error of closure in latitude = 1/171388 Error of closure in departure = 1/167739 Area = 9942.22 SQ FT Area = 0.23 ACRES True Point Surveying 8705 Canyon Road East Puyallup, WA 98371 i%`>? __,_-09-°,2 Mon Dec 20 05:34:36 >0'ii4 AUTUMN HILL PROJECT: c:\dat-,`.plar.pro --- - ------------------- PT# DESCRIPTION ------------ BEARING ----------- ------------ NORTHING ---------------- ------ FASTING ELEVP.TION CURVE DATA DISTANCE -- - - VERTICAL ANGL} -------------------------- ------------------------------- MAP CHECK CLOSURE REPORT TRAC ----------- T B -- ---- -- 106 COR 589249.98655 1116654.34554 S88 30'21"E 277.00 ft 180 589237.76375 1116931.253?_6 Sl 42'05"W 50.00 ft 1 589187.78547 1116929.76t?' N88 30'21"W 337.00 ft 141 COR 589196.57278 1116592.88113 Nl 42'05"E 15.00 ft 108 COR 589211.56639 1116593.32648 S88 17'55"E 60.00 ft 105 COR 589209.78498 1116653.3000' N1 42'05"E 35.22 ft 106 COR 589244.98655 1116659.34564 ------------ - ----- -------------------- Closing latitude ----------- = ----------- 0.00298 ------------ - ----- - Closing departure = 0.00048 Closing bearing = S9 09'32"W Closing distance = 0.00302 Total traverse length = 774.22000 Total error of closure = 1/256072 Error of closure in latitude = 1/259379 Error of closure in departure = 1/1608761 Area = 14743.59 SQ FT Area = 0.34 ACRES OF THB p+p~ • a ~.. Ct o Yelm 4 ~ 105 Yelm Avenue West P.O. Box 479 YELM Yelm, Washington 98597 WASHINGTON (360) 458-3244 Date: February 19, 2003 To: Mayor Rivas, and City Council From: Tami Merriman, Assistant Planner Re: Final Plat for Autumn Hill, SUB-02-8332-YL Staff Recommendation Staff recommends City Council approve the final plat for Autumn Hill, SUB-02-8332-YL. Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that all conditions have been met. Background The Yelm City Council approved with conditions, a preliminary plat for the above referenced project on September 12, 2001. The project has now completed construction, and the applicant filed an application for final plat on January 9, 2003. Applicant: Paul Lubbesmeyer, Lubbesmeyer Construction, Inc. Proposal: 26 Lot, Single Family Final Plat Approval Location: The project site is located on the Southwest side of Vancil Road, adjacent to the City Limits. Original Conditions of Approval: Open Space 1. The applicant shall shift the open space to the East, to border on Vancil Road, keeping at least 14,460.5 sq.ft. This will allow for public access as required in Yelm Municipal Code, Chapter 14.12, and vehicular access for maintenance. The applicant may increase the size of lots 5, & 6, if desired, keeping the minimum open space requirement. Complete: The applicant has provided 14,743.59 sq. ft. of open space at the southwest portion of the property, The City of Yelm is an Equal Opportunity Provider 2. The applicant shall submit a final improvement plan for the open space. The open space improvement(s) shall be located to the south of the stormwater facility. The plan shall demonstrate compliance with Chapter 14.12.050. Completed. 3. The applicant shall dedicate the open space to the City of Yelm. Completed. Transportation 4. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Vancil Road shall be consistent with the section "Neighborhood Collector". Interior street improvements shall be consistent with the section "local access residential". Completed. 5. The applicant shall provide for continuation of streets as per YMC Chapter 16.16.060, 16.16.090, and 16.16.110. The applicant shall extend the proposed street to the property adjoining on the north. The applicant shall be required to sign the street "Future Road Connection". Completed. 6. The applicant shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit. Complete: The TFC charge is paid at building permit issuance, and is noted on the face of the plat. Sewer 7. The proponent shall connect to the City's S.T.E.P System. There is an existing 3" line at the adjacent property to the north. A connecting 3" line line shall be extended across the frontage of the property. The S.T. E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Complete. 8. Sewer connection fees are charged at the current rate of $4,850 per connection, (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per a connection, also payable at building permit issuance. These fees will be assessed at building permit issuance for each lot. Complete. The connection fees are paid at building permit issuance, and noted on the face of the plat. 9. Existing sewage systems located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. Complete. Water 10.The Applicant shall connect to the City's water system. There is an existing 8" watermain located on the adjacent property to the north. A 10" line shall be extended across the property frontage of the development. The on-site water system shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Complete. 11. Water connections are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000 per connection (fee subject to change) inside city limits. One connection would be charged to each residential building lot. These fees are payable at building permit issuance. Complete. The connection fees are paid at building permit issuance, and noted on the face of the plat. 12. Existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review. Complete. 13. Water rights for the abandoned wells shall be dedicated to the City of Yelm. Complete: There were no water rights for the well. 14.AI1 open space areas and planting strips shall have an irrigation system with a separate water meter(s). The applicant shall submit final civil plans to the Community Development Department for review and approval. Complete. St~rmwater 15.The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. The applicant shall compile a final storm water report along with construction drawings. Complete. 16.AI1 roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. Complete: Will be reviewed and approved at building permit issuance. 17.The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. Complete. 18.The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Complete. Fire 19.The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Complete. 20.The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Complete. Street Li hq tlng 21. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Complete. Landscaping 22. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. Complete. Environmental 23.The applicant shall comply with the mitigation of the MDNS issued on July 17, 2001. Complete. Subdivision Name and Property Addresses 24.The applicant has submitted a subdivision name of Autumn Hill. The City will forward that name to the Thurston County Records Department for approval. Prior to submission of final plat application, the applicant will provide the Building Department with a plat map for addressing. Complete. 4 General Public Works 25.The applicant shall submit a grading plan for review and approval prior to any on-site grading. Complete. 26.The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater- Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of materials containing asbestos and/or lead paint. Prior to issuance of a city building permit the applicant shall demonstrate compliance with any OAPCA requirements. Complete. 27.The applicant shall submit a demolition plan for all structures on the project site. The demolition plans shall address any requirements from the Olympic Air Pollution Control Authority permit. A demolition permit is required for the removal of existing structures. Complete. Conclusion: The applicant has completed, and City Staff has approved all original conditions of approval of the preliminary plat. W VT O O ~ N O O W ~ ~ W W Q Q` !n Cn ~ Q ~ Z ~ O] 4 I-I In 1 -- a W N V z d UI `t ~ l ~ C7 ~ ~ Z p~`O. 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There are some items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments have been sent to True Point Surveying for corrections. In addition to the corrections required by the reviewing surveyor marked in purple highlights, I have added the City's comments in red. Please be sure to correct all items..When you submit your revised plans, please include 3 copies of the full size plat; One Mylar set, and one 11" x 17"copy, and return all redlined copies. 2. Stormwater Maintenance Agreement has not been submitted. This must be submitted and approved by the City prior to February 12, 2003. }/~ 3. Lot closures will need corrected and resubmitted. 4. Other Corrections: Please follow the corrections marked in red on the Declaration of Covenants and Restrictions, and the Bills of Sale, and have the By-Laws signed. 5. City development review fees: I will have the amount of .city review fees shortly, and will forward a billing statement to you. Survey review fees in the amount of $375.00-must be paid prior to Council review. (see bill attached.) The City of Yelm is an Equal Opportunity Proaider- ,~" `i 3'~~~ ~- cy~`3 f5 1R U R V E Y I N G LETTER OF TRANSMITTAL 8705 Canyon Road East, Tacoma WA 98371 Off. 253-539-0942 Fax 253-539-3639 DATE: 02/10/03 X06 No: 2]30-01 OO ATTENTION: Paul Lubbesme er ADDRESSED TO: REFERENCE: Lubbesmeyer Const. Autumn Hill WE ARE SENDING YOU : ^ PLANS ^ LETTER ^ OTHER DATE: COPIES: DESCRIPTION: 1 11x17 Plans 1 Final M tars 1 Ori final Mark-u s 1 Cit of Yelm Comments 1 Surve or Comments THESE ARE TRANSMITTED as checked below: ^ FOR APPROVAL ® FOR YOUR USE ® AS REQUESTED ^ FOR REVIEW AND COMMENT COMMENTS COPIES TO: FILES SIGNED Rick Shaffer After Recording Return to: Lubbesmeyer Construction, Inc. I 1 ~ 1 East 112`s Street Tacoma, Washington 98443 DECLARATION OF PROTECTIVE COVENANTS, CONDiTONS, EASEMENTS & RESTRICTIONS FOR AUTUMN HILL Grantor: Lubbesmeyer Construction, Inc., a Washington "C" Corporation Grantee: Autumn Hill Legal Description: Lots 1 through 26 of the plat Autumn Hill as recorded in the office of the Thurston County Auditor Assessor's Tag Parcel No.: ~~7 ~/~ aa~~~ ~~~ The Declarant herein as the owrlers in fee of the real property legally described in this Declaration, hereby covenant, and declare, that all of the properties and housing urlits constructed on the properties are and will be held, sold, and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefits of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitude's, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. Individual lot owners shall be responsible for maintenance and care of landscaping along with all adjacent right if way's. ARTICLE ONE: DEFINITONS For the purpose of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. `Articles" shall mean the Association's articles of Incorporation and any amendments. 3. "Association" shall mean the Autumn Hill Homeowner's Association formed as a nonprofit DF,CL:1R ~'rlOti OF PROTGC"rIVI: COVLY:1v'CS, P:1CF, 1. ~F 2_5 CONDPfIONti, LASIs11N;tiTS & RF,STRIC.TIONS Corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. $. `Bylaws" shall mean the Association's Bylaws and any amendments. lr(~~ 6. "Conunon Areas" shall include but not limited to Tract A and Tract B as delineated on ~e' Autumn Hill. Conmion areas shall also mean the property bath real and personal in which the Association has been granted an ownership interest, easement, or right of control by an_v written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer Declarant" The Developer and Declarant shall mean Lubbesmeyer Constnrction, Inc., a Washington "C" Corporation. However, Developer shall also include any entity, which purchases multiple lots from Lubbesmeyer Construction, Inc., for the purposes of constructing residences thereon. Until such time as Lubbesmeyer Construction, Inc., or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such party has sold or conveyed all the lots held by that entity then that parry shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer, or any shorter period; as detemuned by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration {FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shalt terminate at such time as 7$% of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgage" or "Mortgagee" shall mean 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 state of federal agency, which holds a first note, or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Autumn Hill. 13. "Member" shall mean every person or entity that holds a membership in t11e Association. DTCLARATION OF PROTLCI'IVG COV~N.~1~TS, P:1GE 2 OF 2$ C:O~'DITIONS, i;ASEMEtiTS & RESTR[C'rIONS 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this Declaration is legally described as Lots 1 though 26 of Autumn Hi11. 18. "Sale" or "Sold'' shall mean the date upon which ownership of a Lot is transferred from and Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGE N OF COMMON AREAS AND ENFORCEME T OF DECLARATION Section One: Development Period. During the development period the Declarant Autumn Hill shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of the development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. DECL:IRA'C[ON QP PRO'CEC'I'IVT COVENr1N'TS, PAGE 3 OF 25 C.'ONDCCIONS, F,:\SF,~IEN'(:S & RI;STRICTIOi~iS lotion After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarant has resigned as a director of the association, then the Developer, in accordance with the by-laws, shall conduct by mail an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, by-laws and this Declaration. However, in the alternative, not less than ten (10}, nor more than thirty (30}, days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, by-laws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of deed for such Lot. Membership may not be separated from ownership of any Lot. All members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or Articles or Bylativs of the Association. Members' votes may be solicited and tabulated by mail or facsimile. DECLARATION OI' PRO'CECTItiE C01'F.,NAN'rS, PAGE ~ OF 2> ("ONDITIONS, EASE1i[:NTS & I2ES'TRICTIONS ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tract A ~' as shown on the plat of Autumn Hill, to the Autumn Hill Homeowners' Association. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this declaration for the duration of the development, at which time this reservation shall cease and then be of no filrther force and effect. This tract and any other real properties and improvements which are described herein are referred to as the "Common Areas' together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this Declaration. Section Two: Properly Riallts in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The common areas shall include but not be limited, as defined below, together with all easements, which are far the benefit of all lot owners. The common areas include but are not linuted to the following: A. Tract A is a storm water retention tract described in and shown on the Plat of Autumn Hill. B. Tract B is an open space tract described in and shown on the Plat of Autumn Hill. C. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Autumn Hill, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. Section Two: Standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any}, and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the real property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance an his Lot or exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. ff the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to pro~~ide such maintenance, and to leery an assessment against the non-performing Lot Owner and lnis Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. DECLARATION Or PROTEC.TI~'F, COVENANTS, Pr1GE 5 OF 2J CONDITIONS, GASE~IIsNTS & RESTRICTIONS The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot, which poses a substantial risk of injury or significant property, damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient are attempted orally or in writing immediately prior io the Association's .undertaking the necessary• repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this declaration, and shalt delegate the responsibility for management and super~7sion of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association ~r 1' funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the Common Areas; 2.The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3.The cost of maintaining, repairing and replacing all Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by the Declarant, and plantings and Landscaping situated on any planting strips which are located between the edge oii any sidewalks and the curb of any roadway with the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries, which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4.The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an agreement to be executed between the City of Yelm and the Declarant. S.Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by die Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors, in the judgment of the CitSr of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty {30) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the properly of the Association and/or lots within the Plat of Autumn Hill for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the Common Areas cause it to be subjected to other than reasonable wear and tear, or by their actions damages those Common Areas or any other improvements located thereon or therein, then the DF.CI 1R~TION OF PROT1/CCIVL: COV"TrANT'S, PAGI? 6 OF 2J COi'YDI'rION5, F.ASEiViGNTS & RI:S"IRIC"TIONS individual subjecting the Common Area to such use shall have the obligation to repair such damage, upon demand of the Association, and to restore such Common Area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in an easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot, subject to the fallowing provisions: A. The right of the Declarant or the Association to establish use and operation standards for alt common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period} to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purpose and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two-thirds of the lots have been recorded. C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance. Nothing shall be done or kept in any common areas, which will increase the rate of insurance on the common areas or other lots or improvements without prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common azea except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant {and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declazant's sole discretion, deem for the benefit and enhancement of said areas and the Association in general. ~zr_a,...a a a--m-- ectlon Ten: Dumping in ornmon Area, Common Maintenance Areas,-=-~------t:tea-s~n~,. „ ea9- No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or places within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section DECLARATION OF PRO'P1:C'CIVE COV"ENANTS, PAGE 7 OF 2S CONllI'CIONS, EASI;~~IENTS & RESTE2IC."fl0i~(S $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily Limited to Vehicle parking and signage restrictions,. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days written notice delivered to Owner and should flee Owner(s) operation such day care business fail to strictly adhere to the provisions contained within the Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or interest in such business operation to the extent permission to operate such day care business is authorized. Section Eighteen: Limitation on Alumals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of residences. Leashed animals are permitted within the right-of--way when accompanied by their owners. The person accamparrying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Arty fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine owned. The Association shall be entitled to attorneys' fees and costs far any action taken to collect such fines in ~ accordance with the provisions of this Declaration. ~ ' ~~`~' Section Nineteen: Tree Height. No treelshall be allowed to grow to a height of more than thirty- ~y~'Z'CY t,J-' " five feet above the adjacent ground unless the Committee determines that the increased height would not ;~~,cl, have a material adverse effect on the view from other lots. The Association shall specifically have the right to trim offending trees at the Owner's expense after reasonable notice.. Section Twenty: Unsi tly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view of drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non- decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall been obtained from the ACC. Section Twenty-One: Antennas. Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted in the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Section Four, and a showing by the Omer that such installation will be tiisually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line nearer to the side street ttlan the minimum building setback lines adopted by the governmental authority with jurisdiction over the properties. Section T~a~enty-Three: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. DECLARATION OP PROTGCTIVF, COVENANTS, PAC.C 13 OF 25 t:ONDITIONS, EASF..ti1ENTS & RF,STRICTIONS Section Two: Replacement Repair After Loss. In the event of damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor far reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such rights for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration of the Article, Bylaws, rules or regulations or the Association shall be deemed to have been made, either expressly ar implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICL EVE EEN: GENERAL PROVISIONS 1. Binding Effect. All present and future Owwners 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,.are accepted and DECLARITION OF PRO'I'TC'CIVF, COVENANTS, PAGE 20 OF 25 CONDITIONS, E:1SE~IENTS & RESTRICTIONS IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of 2003. Lubbesmeyer Construction, Inc. By: Paul Lubbesmeyer Vice President ! ./ STATE OF WASHINGTON ) ~ SS. COUNTY OF THURSTON ) On this day of 2003 before me, the undersigned, a Notary Public in and for the State of Washington, duty commissioned and sworn, personally appeared PAUL LUBBESEMEYER, to me known to be the t'ICE PRESIDENT of LUBBES1t~IEYER CONSTRUCTION, INC., a Washington "C" Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the "C" Corporation, for the uses and purposes WITNESS my hand and official seal hereto affixed the day and year first above written. therein mentioned, and on oath stated that they are authorized to execute the said instrument. Dated this day of , 2003. Name: NOTARY PUBLIC in and for the State of Residing at My appointment er~pires: DIJCLARi"LION OG PROTEC.TIVE COVF..NANTS, PAGF, 25 OF 25 CONDITIONS, EASENILNTS & RTSTRICTION5 BILL OF SALE ~~ THIS BILL OF SALF,~ is made and executed this ) ~ day of fir= ~'"' ~ ~.~fZ , 20 OZ.-, by and between ~ 1,~~?(? __ I~vt~~! _ e~,~f. _afi L.~ _ ,hereinafter called the grantor(s), and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: All water mains together with valves, valve boxes, hydrants, piping, fittings, and all other appurtenances lying within the following described easement area: t' ~~~' ,~ The grantor(s) hereby warrants that he/she/they are the sole owner(s) of all the property above conveyed, he/she/they have the full power to convey the same, and that he/she/they will defend the title of said grantee against any and all persons lawfully making claims thereto. Dat Yelm, Washington, this )S5 day of 1~'>~tyi`?~~ , 20C"~Z . (grantor) (grantor) STATE OF WASHINGTON ~~~` ~~IdFF~',~' .~ ~~. ,,,,,,,., lF ; .SS ; ~~~~~510N F} ~~ ~ COUNTY OF THURSTON ) ' ~ =~ `NpTA R~% '?~ ~.• ~ .. ~~ I certify that I know or have satisfactory evideri~ the person(s) who appeared before me, and s (he/sFie{#ttey) sign his/stir free and v< mentioned. Given under my hand and seal this ~~day of (is/are) o~s~ ~k t~'ged that ~~tstru ~~ ~ ~1d acknowledged it to be I~~~tle uses and purposes therein d j~~;;-20-~ ~~ ,~ ~~~ ~,1.-~~~(~~~ i.'~ i~t EtE 1~~~ Notary Public in ahd fodthe Sate~o/f Wa hingto/n, residing in fYly ~or~mrs~ion expires`11 I --'~•--t_.~~ System accepted by the City of Yelm this day of , 20_ City of Yelm By: Director of Public Works MPANY Order No.: 002018083 Your No.: LUBBESMEYER PAUL LUBBESMEYER 1151 E. 112TH ST TACOMA, WASHINGTON 98445 PROPERTY ADDRESS: WASHINGTON Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. THURSTON COUNTY TITLE UNIT TELEPHONE: (360) 456-7878 FAX: (360) 493-1985 GERALD O. LORD TITLE OPERATIONS MANAGER (E-MAIL: LORDJ@CTT.COM) MARK A. KARJALAHTI TITLE OFFICER (E-MAIL: KARJALAHTIM@CTT.COM) ALICIA JONSON TITLE ASSISTANT (E-MAIL: JONSONA@CTT.COM) ~ CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE, SUITE D1-B, OLYMPIA, WA 98501 (360) 456-7878 ORIGINAL INVOICE: 12/16/02 INVOICE AS OF: 12/16/02 ORDER NUMBER: 2018083 ESCROW NUMBER: CUSTOMER NUMBER: 0009999 -ooo ATTN: DEPARTMENT NUMBER: 00142 x POLICY(S) APPLIED FOR: SHORT PLAT CERTIF $ 1, 000.00 YOUR REFERENCE: LUBBESMEYER PAUL LUBBESMEYER 1151 E 112TH ST TACOMA, WA 98445 CODE DESCRIPTION AMOUNT MIS SHORT PLAT CERTIFICATE 200.00 TST TITLE PREMIUM SALES TAX 16.00 BALANCE DUE: $216.00 PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR REMITTANCE CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVENUE SE, SUITE D1-B OLYMPIA, WA 98501 SHORT PLAT CERTIFICATE Order No.: 2 018 0 8 3 Certificate for Filing Proposed Short Plat In the matter of the short plat submitted for your approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby cert~es that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: LUBBESMEYER CONSTRUCTION, INC., A WASHINGTON CORPORATION AND JOHN J. LUBBESMEYER, AS HIS SEPARATE ESTATE EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: TAX: Rccordsexaminedto December 2, 2002 at 8:00 A.M. CIiICAGO TI"TLE I\SL'RA\CE C0~4PA\1' BV GERALD L Title officer /~r ~ SFIPf~I'1'A/12-5-~0/P.K CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2 018 0 8 3 LEGAL DESCRIPTION PARCEL 1: THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY; TOGETHER WITH THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, EXCEPTING THEREFROM THE NORTH 64 FEET OF THE EAST 363 FEET; AND EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY. PARCEL 2: THE EAST 363 FEET OF THE SOUTH 116 FEET OF THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, LYING SOUTH OF THE SOUTH LATERAL OF THE YELM IRRIGATION DISTRICT DITCH, EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY; TOGETHER WITH THE EAST 363 FEET OF THE NORTH 64 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, EXCEPTING THEREFROM THE COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY. IN THURSTON COUNTY, WASHINGTON. cntcnc;c~'rrrt,t t~sutzn~cr•, c~MPn~Y~ CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2018083 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). si min~rn~o3itfla~sr,c CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2018083 EXCEPTIONS P Q R M N 1. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: 2001 $ 639.57 $ 0.00 $ 639.57, PLUS INTEREST AND PENALTY 22730130800 170 $ 39,500.00 $ 8,100.00 2. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2002 $ 569.76 $ 0.00 $ 569.76, PLUS INTEREST AND PENALTY 22730130800 170 $ 39,500.00 $ 8,100.00 AFFECTS: PARCEL 1 3. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2001 $ 1,629.51 $ 0.00 $ 1,629.51, PLUS INTEREST AND PENALTY 22730130900 170 $ 52,900.00 $ 67,900.00 4. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: 2002 $ 993.84 $ 0.00 C1IICAC;O'I'I~I~LIINSURANCI? COMPANY CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2018083 (Continued) EXCEPTIONS AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: 0 i A AFFECTS: PARCEL 2 $ 993.84, PLUS INTEREST AND PENALTY 22730130900 170 $ 52,900.00 $ 67,900.00 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LUBBESMEYER CONSTRUCITON, INC., A WASHINGTON CORPORATION AND JOHN J. LUBBESMEYER, A SINGLE PERSON, AS HIS SEPARATE ESTATE TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: MT. RAINIER NATIONAL BANK AMOUNT: $ 550,000.00 DATED: JUNE 7, 2002 RECORDED: JUNE 12, 2002 RECORDING NUMBER: 3440980 LOAN NUMBER: NOT DISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 6. ENCROACHMENT OF AN EXISTING FENCE OVER THE WEST LINE ONTO SAID PREMISES, AS DELINEATED ON THE FACE OF SURVEY, AS RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S) 8201130001. a 7. RIGHT, TITLE AND INTEREST OF OWNER OF THE LAND ADJOINING SAID PREMISES ON THE WEST AS TO THAT PORTION OF THE LAND LYING BETWEEN THE FENCE AND THE PROPERTY LINE, AS DISCLOSED ON THE FACE OF SURVEY, RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S) 8201130001. c 8. CITY OF YELM ORDINANCE NO. 443 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: REGARDING: MARCH 21, 1994 9403210028 ANNEXATION s 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: st irtn~r~i~/i2•tz-~~o/ttK CI IICAGO "I'CI'LI3 I~SL ILI~~CI: CO~tI'nNY CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2018083 (Continued) EXCEPTIONS BETWEEN: AND: RECORDED: RECORDING NUMBER: REGARDING: LUBBESMEYER CONSTRUCTION, INC. YELM COMMUNITY SCHOOLS DIUSTRICT NO. 2 APRIL 30, 2002 3430571 MITIGATION D NOTES: E NOTE A: THE LEGAL DESCRIPTION IN THIS COMMITMENT IS BASED ON INFORMATION PROVIDED WITH THE APPLICATION AND THE PUBLIC RECORDS AS DEFINED IN THE POLICY TO ISSUE. THE PARTIES TO THE FORTHCOMING TRANSACTION MUST NOTIFY THE TITLE INSURANCE COMPANY PRIOR TO CLOSING IF THE DESCRIPTION DOES NOT CONFORM TO THEIR EXPECTATIONS. F NOTE B: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: PORTION OF THE SE SW NE AND THE NE NW SE OF 30-17-2E c NOTE C: COUNTY RECORDS INDICATE THAT THE ADDRESS OF THE IMPROVEMENT LOCATED ON SAID LAND IS: PARCEL 1: 10847 VANCIL ROAD SOUTHEAST YELM, WASHINGTON 98597 PARCEL 2: 10831 VANCIL ROAD SOUTHEAST YELM, WASHINGTON 98597 LH/LH END OF SCHEDULE B SI11'f.A'1133/ 12-1240/ FK ct ~u:nc~~ -rri2.t, ~~sulzn;~ci, covtt~nti~~ CHICAGO TITLE INSURANCE COMPANY SHORT PLAT CERTIFICATE SCHEDULE B Order No.: 2018083 (Continued) EXCEPTIONS L THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: PAUL LUBBESMEYER (253)537-6370 snv[nru~/iarz-~o~ex Cl IICAGO'I'I'1'LI; I\SUItn~CI? CO~fI'n:~Y ~' o "~ ~' ®_0903 ~12 x0103 ~ d 18 ~ 0]07 ®-0902 403 Io- 0402 pl, ~o9a] 4 15 ~~ ~ ~ 09 ~ ` Q 02 ~ ®.DI u 2 ~ T ® © ~ O 4a 0 ~.03 ~ otoi ss w+ O ®j ~ , © ® s x03 (0302 ~~ © 4 ® CORNERS O 4D © ® © s-ose ~ Oa02 ~02 a o303 0 9 ® yC C'~ 04 O © (y' TY T ® © O ~.D40] o 0 aos 0 0 0 D4 ~ O ®-03 . © PARE 14 tS la z 17 3O _ ~_OE a _ ~I ~ J ~DT HE GNT O 4 1 1© 11 O ~ O °~ 5 .. f ' V 9 ~D4 ~^a-08 ~07 c ;103 \ '~ ~'2 0 2 YCLM CCIUNT Y ©- 0~ 4 D1 c i, ,y I~O50] ~? 01 ®.03 402 ~D4 ®-050] ®-D5 ,.~ ~ ~ ~ ~07 404 !~C/ 03 `~ ~.~ ~OS 4~-0401 ~~ r _.... _. ~~'/ $ d 1P~:3~ :3:S ~v1{'13 S,~i itlt ?~i` ~?dl~~~b~'} 1 .~371i~.+1:6_ n_ ~c ~ .t.~ .~'~rCn~l"'4~1.a L ~it:?Px~ ~£7G~°iG ~Y i`;'~ ~ ~,,'"'~jL+ ~ft~d G v~1 rii~'a itfl ~Iw~4~ ;~ !~I Q ~ 02 03 / ©- O l ~~ (~. p 4 "_..a / l1 ~ 4 ~.Y ~ ~\ WARRANTY AGREEMENT r r ~,~' ~' `: KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ~ .i,,~s ~~jn~y~~~~. ~r~~`s~. ~M1~.(hereinafter refereed 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 ,~.}~~M~I ~;'~~ , 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: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of 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 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. ~~':.;~... i,~,! iii i~~-' ~~ ~z}f'se~t. STATE OF WASHINGTON) ss COUNTY OF~~T.,HURSTON) ~ r On this f ~~~ day of ~ ,~ ~,~~1~"~l(:~ ~' , 20 ~~~-, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and.c~eed ,for the uses and purposes therein mentioned, and on oath stated tha hPlshe/they was (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 1 ~~"~~ da ~~ ~' L~ f ~ ~:l-~~ , 20~. ~~ , ~~''~~~~~~~~''~~ Notary Pubic in and for theme ,~~` RENEE '-., ~.• ~b •,,~~~~...,,,sj~ :, State of Washington, residing in •~ IoM ~~~ ~ S ~ • p •, ' s v NOTA R~ ~~ My ommiss''t))on exp~es: (:' -~ - -(';~ ~ -'-• ~F W ASS ,~~`~ After Recording Return to: Lubbesmeyer Construction; Inc. 111 East 112`s Street Tacoma, Washington 98443 DECLARATION OF PROTECTIVE COVENAt~1TS, CONDITONS, EASEiVIENTS & RESTRICTIONS FOR AITTUI~IN HILL Grantor: Lubbesmeyer Construction, Inc., a Washington "C" Corporation Grantee: Autumn Hill Legal Description: Lots 1 through 26 of the plat Airtumn Hill as recorded in the office of the Thurston County Auditor ~ 1~~in~int] i) Assessor s Tas Parcel No.: rTra~rv~4£d - ~' ~.,~ f' f _ ~ .' The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefits of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall nm with the land as easements and equitable servitude's, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, ~; '. ~ ~,--subleasing or occup~zng any lot on the properties and upon their respective heirs, successors and assigns. ~~ t., Individual lot owners shall be responsible for maintenance and care of landscaping along with all adjacent !\ \ '~ ;'right Tf vat's. ~~ ARTICLE ONE: DEFINITONS For the purpose of the Declaration. Articles of Incorporation and Bylaws of the Association. certain \\ords and phrases have particular meanings. which are as follo\\s: 1. "ACC" shall mean the Architectural Control Committee. as described in this Agreement. 2. '"Articles ~ shall mean the Associations articles of Incorporation and am- amendments. ~. "Association" shall mean the Autumn Hill Homcovvner~s Association formed as a nonpro(-it f)1{('1.:\R.\'ll<)~ Oi' PRO'fh;('I'1~'I; ('O\ 1~;Y.\`'I'`, I',\(: h; 1 O1 ('O~1)i'I'iOVti, 1?,ASl~;~~ll~;A'i'K & HP;`~ I'1(i('1-tO.Av Corporation for the purpose of administering this Declazation. 4. "Board'' or "Board of Directors" shall mean the Boazd of Directors of the Association. , ~. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not Limited to Tract A and Tract B as delineated on "~ Autumn Hill. Common areas shall also mean the propem~ both real and personal in t~°hich the Association has been granted an ownership interest, easement; or right of control by any written instnunent including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer Declarant" The Developer and Declarant shall mean Lubbesmeyer Construction, Inc.; a Washington "C" Corporation. However, Developer shall also include any entity, which purchases multiple fats from Lubbesmeyer Construction, Inc., for the purposes of constructing residences thereon. Until such time as Lubbesmeyer Construction, Inc., or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such pamr has sold or conveyed all the lots held by that entity t!'ren that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which I00% of the lots have been sold by the Developer; or any shorter period; as deternined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured tluough the Federal Housing Administration (FHA), the Veteran's Adninistration (VA), the Federal National Mortgage Association (FNNLA), and the Federal Home Loan Mortgage Corporation, then in that event. the Development Period shall terminate at such time as 7~% of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgage" or "Mortgagee" shall mean a bulk or savings and loan association or established Mortgage Company, or other entit<~ chartered under federal or state la\\'s. any corporation or insurance compam' or state of federal agency, n'hich holds a first note. or deed of tnlst against a Lot or Housing Unit thereon. 12. '`Lot" shall initially' refer to one of the Lots located in the Real Property described in the Plat of Autumn Hi11. 13. "Member" shall mean c~'en' person or cntit~ that holds a membership in the ,Association. 1)1(('1,:\R.\'I"1O,~ l)1~ VI2O'rl~.<'fi~'i~, ('(ri'1?\:\~'"I'S, I',\GP:2 pl' ?i ('O\I)i'fiO~ti, 1S,\til'.~ll~;\'1'ti Yc 12 h; ti'1'RI('1'1O\S 1~. "Mortgage 'shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties. 15. "Owner" shall mean the recorded o~uer of a Lot, whether one or more persons or entities, but eYCluding those havdrig such interest merely as security. Areal estate contract purchaser shall be deemed the Omer. 16. "Person'' shall mean a natural person. a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this Declaration is legally described as Lots 1 though 26 of Autumn Hill. 1S. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from and Owner to another person or entit<- by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAG NT F COMMON AREAS AND ENFORCE T F DECLARATION Section One: Development Period. During the development period the Declarant Autumn Hiil shall appoint the sole director of the Association. The Declarant ma~° also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Conunittee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association trill be adcquateh- administered in the initial phases of the development. ensure an orderly transition of Association operations. and to facilitate the Developers completion of constniction of Housing Units. Hitt -,:~tza~rtcw or rttc~ r-~:c-rtyr: c vvr:~ t~;-rs. r.tc;r; , Of~ 2 CO'iI)rrfO~ti, I~:aFh;.tih:,V'rti & IZF.S'rlZl("1'IC)\ti ~~/ Section Three: Authoritt~ if Association After Development Period. At the e~-piration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws; rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the acti~rities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, potiver or function by the Board of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarant has resigned as a director of the association, then the Developer, in accordance with the by-laws, shall conduct by mail an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, by-laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, by-laws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of deed for such Lot. Membership may not be separated from ownership of any Lot. All members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot o\i•ned. No more than one vote shall be cast ~\ith respect to an~~ Lot. The voting rights of an~~ Member may be suspended as provided in the Declaration. or Articles or B~-la\vs of the Association. Members' votes mav_ be solicited and tabulated bv_ mail or facsimile. nl~;cl,;\12.\~rlO~ Or I~lurrr:c~rl\ r, c~<)~ r,~;\~ rti, 1~.\(:1~:-1 Of~ 2; ('O\DI'I'i(riti, 1?.\~is~II~;V'1'ti& 12h;S'I'RI("I'1O\ti , ARTICLE FIVE: DEED AND DEDICATION OE COMMON AREAS ` ,fat ~; Section One: conveyance of Common Areas: Upon recording of this Declaratio the larant / does hereby convey and transfer all of its right, title and interest in and to Tract A an ract as shown on the plat of Autumn Hill, to the Autumn Hill Homeow'ners' Association. The De t, however, reserves far the benefit of the Declarant; its successors and assigns, those certain rights of use, ingress,. egress, occupation, and control indicated elsewhere in this declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. This tract and any other real properties and improvements which a~-e described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association ar Members which are also defined as being `Common Areas" under the terms of this Declaration. Section T«ro: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas_ The Association shall maintain th~ Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The common areas shall include but not be limited, as defined` below, together with all easements, which are far the benefit of all lot owners. The common areas include but are not limited to the following: %: A. Tract A is a storm water retention tract described in and shown on the Plat of Autumn Hill. B. Tract B is an open space tract described in and shown on the Plat of Autumn Hill~_._---" C. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Autumn Hill, which easements are resen%ed for the benefit of all lot owners as well as easements which are reser<~ed for the benefit of the Association far the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. Section Two: Standard of Maintenance -Lots and Planting StriQs. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidew-alk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his owm home so t]lat the real property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to ititaintain. If am. Lot O\cner shall Fail to conduct maintenance on his Lot or exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably- prudent homeo\\~ner, or in a manner \\hich presen-es the drainage for other Lots. the Association shall notiF~~ the Lot Owner in \\ritin~~ of the maintenance required. If the maintenance is not performed within thirty (3t)) days of the date notice is deli\~ered, the Association shall ha~~e the right to pro~-ide such maintenance. and to Ic\ti an assessment against the non-performing Lot O\\-ner and his Lot for the cost of pro\'iding the rnaintcnance. The assessment shall constitute a lien against the Lot o\\ncd b\' the non-performing Lot O\rncr-and ma\~ be collected and foreclosed in the same manner as an~~ other delinquent monthl}' or special assessment. I)I~,('I,.1R.17'IUV <)1' PIt(>"fi:("I'1~'I:CO\"l;\;\~'('ti. r:u:r; i OF 2 ('O,\I)I r1O\~, h;;\til~;\1 P,\'1'ti ~~C HI;ti'I'RI("1'f<)~ti The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which poses a substantial risk of injury or significant property, damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient are attempted orally or in writing immediately prior to the Association's undertaking the necessary• repairs. Emergency repairs performed by the Association, if not paid for by the Lot O~iner, may be collected by the Association in the manner provided for herein, nom-ithstanding the failure of the Association to giv-o the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this declaration, and shall delegate the responsibility for management and supenzsion of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association £~•' founds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes le~led upon the Association for the Common Areas; 2.The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3.The cost of maintaining, repairing and replacing alh Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by the Declarant and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalks and the curb of any roadway with the Plat, if the same are not maintained by applicable governmental jtuisdictions. The cost of maintenance of all landscaping along easement boundaries, which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4.The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an agreement to be executed between the City of Yelm and the Declarant. .Any other expense which shall be designated as a Conunon Expense in the Declaration, in its Exhibits, or from time to time by the Association. ~`` Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors. ~~ '~ in the judgment of the CitSr of Yelm, fails to maintain drainage facilities within the plat or if the •,t Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Yelm ~'~~ ~ may correct tl)e problem or maintain facilities as necessan~ to restore the full design capacitti~ of the drainage s<~stem. The Cin~ of Yclm \r-iil bill the Association or successors for all costs associated \\°ith the ICY`;,\\_ engineering and construction of the remedial ~\ork. The City' of Yelm ma~~ charge interest as allo\ced b~ ,-~ la\v from the date of completion of construction. The City of Y"elm will place a lien on all of the property' -i. of the Association and/or lots «~ithin the Plat of Autumn Hill for pa}"menu in arrears. Costs or fees incurred b\" the Cit<- of YeImF should legal action be required to collect such payments. shall be borne b~ the Association or successors. Section Six: Extraordinary Use Expenses. In the c\'ent that one or more lot o\~-ncrs should b\ their use of the Common Areas cause it to be subjected to other than reasonable \ti'ear and tear, or by' their actions dama~~es those Common Areas or am other irnpro\ements located thereon or therein, then the pl',C'L.\R.\"I'TO~ OI' I'R(rl'F:<"1'I\'h; ('<)\l?~;\\"1'ti, I';1(a~, (i Of' ~i ('O`I)i'rTO,\ti, 1~;:\til~.~Tl~,~'I S ~4 RI•;!+"1'ltl("1'1O\ti ~'~ ,:' ~• individual subjecting the Common Area to such use shall have the obligation to repair such damage, upon demand of the Association, and to restore such Common Area to the condition that e:cisted prior to such use or action, and all er-penses therefore shall be paid by such individual. Section Seven: Ow~iers' Easements of Enjooznent. Each owner shall have a right in an easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitabhe title held by real estate contract purc'naser} to every lot, subject to . the following provisions: g /~, A. The right of the Declarant or the Association to establish use and operation °~ _ , standards for all common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period) to dedicate or transfer all or any part of the conunon areas to any public agency, authority ar utility for such purpose and subject to such conditions as the Declarant ar Members, as=r~r` applicable, may deem appropriate. After the development period, no such __ dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two-thirds of the lots have been recorded. C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance. Nothing shall be done or kept in any common areas, which will increase the rate of insurance on the common areas or other Iots or improvements without prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas o°'fJ, except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to acquisition of all required pernlits from governmental agencies. This Section shall not linit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any conunon area or any common maintenance area; whch Declarant in Declarant's sole discretion, deem for the benefit and enhancement of said areas and the Association in general. e Noytrash y construction debris. or waste. plant or grass clippings or other debri v µ anv kind ...,,r / ~ hazardous waste. (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on am_ ° common areas, common maintenance areas or easements. The Declarlrrt (during the De~~elopment Period) and the Board thereafter, shall ret2in rights for enforcement and initiation of penalties for violations of this police. Section Eleven: Landscaping and Fencing. No permanent structures or landscaping oFam kind. including fences. calls or shrubs, may- be built or places ti~ ithin anv right of w~a~~ easements or other easements as delineated on the plat except as deemed appropriate b}~ the board. This prohibition shall not apple to the landscaping and an~~ impro~~ements in the common maintenance areas installed b~~ the Declarant. nor shall this Section prohibit the Association from installing additional impro~~emcnis or landscaping ~~'lfhlrl the designated conuuon areas or comlllon maintenance areas, nor shall this section prohibit the installation of CCrlCOS as ma`~ be othernise alloned in this Declaration, nor shall this section rlr:cr..~u:~ ru~~ car rrtcl~rl~;c-rn r; c cn r~:~.~vrs, r~.~c;h; 7 (~f' 2; COVhl'I'IO;~',ti.1S:Atif~,~rh;A°I'~~'~ 12h;ti'1'KI("I'IOVS prohibit the installation of landscaping on private lot areas encumbered by utility easements not others~ise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of tivay. Section Twelve: 1Vlanasement. Each o~rner expressly covenants that the Declarant (during the Development Period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manger or officer of the Association and may enter into such management contracts or other sen7ce contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without cause upon not more than runet}° (90) days written notice thereof. {However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for such successitie periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for such inspection by any oc~ner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One; Covenants for Maintenance Assessments. a) Declarants, for each Lot owned by it, DQrees, and each Owner of a lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and continuing lien upon Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. c) Each assessment, together with interest, cost and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time of the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be personally liable for assessments, which become due on and after the date of sale or transfer. d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any- annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas. for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (~Oj days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to e~~er<~ O~j~ncr. [n the e~~ent the Board fails to fix an annual or regular assessment for am' assessment period. then the assessment established for the annualh~ or regular assessment for the prior }'car shall automaticalh~ be continued until such lime as the Board acts. The annual or re~,ular assessments shall be sufficient to meet the obligations imposed by the Declaration and am' supplemcntarv declarations. and shall be sufficient to establish an adequate reser<~c fund for the maintcnancc. repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is am increase in the annual or t>r•:c•r.:~tt.~•ric~x r~r t~ucrrr;~•rn r•; c~tn t~;,`.~~°rs, r.~cr: 8 Oh 2~ c ~c~tir~rrrcws, r:.~sr~;~n~.x rs ~~ tir.tirnu ~rr~>`s regular assessment of more than five percent (~°io) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the By_ laws of the Association which are incorporated herein as though fully act forth. Section Four: Special Assessment for Capitol Improvements. In addition to the annually or regular assessments authorized above, the Association may levy in any assessment year, as 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 capitol improvements upon the Common Areas; including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance w7th the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annually or regular and special assessment shall be fixed at a uniform rate for ail Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall pay $100.00 for each lot so acquired at time of closing of the purchase of said Lot, which amount shall be paid to and held by the Association to pay for the association expenses under the terms of this said Declaration. This initial assessment shall be paid in addition to the annual assessment or any pro rated portion thereof, which maybe assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $200.00 per lot commencing on January 1, 2003. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said assessment shall be due on or before January 30a' of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowner's Association vvho shall then pay for the expenses of flee Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchased from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association, then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessments against any lot owned by the Declarant. Section Eight: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nule: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may lever, in any year, a special assessment applicable to that year only, for the purpose of defra~-ing the cost of any construction or reconstruction, une~-pected repair or replacement of facilities in the Conunon Areas. However_ the Developer shall not be obligated to pay any special assessments on Lots o«~ned by the Developer. Assessments maybe made based upon the estimated cost of such «-ork, prior to n-ork's commencement. pro~~ided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of ne~~~ facilities or acquisition of ne~~~ equipment, which is not for the upgrade, repair or replacement of existing construction or equipment. shall require appro~~al of t~z~o-thirds the iVfembers. Section Ten: Fines Treated as Special Assessments. Am~ fines Ie~~icd by the Association pursuant to RCii` C'hnprer h-l.38 (or successor stahrte authorizing the imposition of fines) shall be treated as a special assessment of the O«~ner fined. and may be collected by the Association in the manner described in this Declaration. t~t~:c't,:~ti.~'rtr~~ <rr t~tic~rt~x~rt~ t? cc~t t~:~.w rti, r;~ta~;'~ Op 2, t~•r~~~nrrtr~~~~. r;,~st;vn~.~~rs.~ tzr:~rttrr~~rttr:vs ARTICLE EIGHT: COLLECTION OIi ASSESSi~IENT Section One: Lien -Personal Obligation. AIl assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who as the Owner of the Lot at the time the assessment was due. No Owner may waive or othen~~ise a~°oid liability for the assessments by non-use of the Common Areas or abandonment of each Lot. Section Ttico: Delinquency. If any assessment is not paid within thirty (30) days after its due date; the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%} exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided far by law. A late charge of five percent (5%) of the amount overdue shall be charged for any such payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such lien. The liens provided for in this section shaIl be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: 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 the period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until ail payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Article, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins as action to enforce any such rights, the prevailing parry shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING USE, AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant resen~es the right to appoint am member or members of the ACC until the Declarant and all developers have sold and conveyed all of the lots held in the name of the Declarant or developer. This right shall automaticalh~ terminate at such time as the Declarant and any developer no longer o~~ns am~ lots 1~~ithin the plat of Autumn Hill. During this period the Declarant resen'es the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and binding. At the expiration of the time period in tivhich the Declarant and the developer has the right to appoint members to the ACC then the Board of .Association shall appoint up to three members of the ACC or if members of the ACC resigns and no replacements assume that office then the Board shall act as the ACC until members of the ACC are appointed or take office. nr;rr,:~12.~rrc~~ c)r rat)'rr:c-rn~r;(~crvl~;,`,~;~~r~, r.u:l; 1(> Ot: ~~ ('O`:I)I'I'It)\ti, I~,:~~1',\rh:~l'ti & R1~;~1'121('I'it)~'S Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authorit<~ and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided far the ACC in the Associations Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all authority granted to the ACC by dus Declaration. Section Three: Delegation of Authorit< of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any tyFe including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmom of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fence, hedge or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thim• (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required infonmation shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or such other address as is designated by the Board by written notice to the Members. Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans, specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or othenrise. Section Eight: No Waiver. Approval by the ACC of any plans. dra~~ings or specifications shall not be a wain-er of the right to withhold approval of am~ similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation- The ACC may retain and consult persons or entities to assist in the e~-aluation of plans submitted to the Bow•d for the re~-ie«-. Section Ten: Appeals. After the De~-elopment Period. the Board shall sen~c as an appellate panel to revie«• decisions of the ACC upon request of a party ag~rie~•ed b}- the ACC~s decision. The Board shall pro~~ide, through rules and regukrtions, a procedure b~ ~jhich decisions of the ACC may- be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. nr,c-t,:~rt.~-rtc~:~ car ruo-rr•.rrr~ -,: ccn-r~;`.~~ r~, r.~c;r, I I OI~ 25 ('O~I)rTIOVti, 1~;.Atil(~IF,V'I'S ~@ RI'.'~'I'HI("rr(>~S Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of the covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, lass or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen: Temporary Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on ; ~ ~ ; the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that any use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCI~f Chapter 64.38, to abate any activit3~, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Sixteen: Building Tyne. No structures of any kind shall be erected or permitted to be maintained on any lot other than single-family residences, garages, workshops and structures normally accessory to such residences, which have been approved in accordance ~~zth the provisions of the Declaration. No carports tivill be allowed and all garages must have been doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two or three car garage is permitted and shall be incorporated in or made a part of the dwelling house. No detached garages shall be permitted except with the express written approval by the Architectural Control Committee or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots with the Property shall be used solely for private single-family residential purposes and not for business purposes, provide, however, that tivithin such single-fanuly residences the Owners(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted. in the sole discretion of the Board ff, 1) all applicable governmental zoning and land use classifications lawfully pernut such usage AND, 21 the business Otivner(s) are licensed by all applicable governmental authorities to operate such a day care business AIvrD, 3) the day care business «~ill be operated only beri~~een the hours of 7a. m. and 6 p.m. and only on Monday through Friday AND. -1) no more than four (-1) children, in addition to those of the 0«-ner(s) immediate family. are enrolled in either full-time capacity in such day AND. ~) the O~~~ner(s) of such Lot (s) operating such day care facilitt~ till fulh~ oversee, restrict and supervise all children enrolled and will limit such acti~~ities strictly «~ithin the confines of their residence(s) and Lot(s) and not outside the same AND. E) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fu11~ harmless from am' and all liability and causes of action of whatever kind arising by ~~irtue of the O«~ner(s) operation of such da~~ care business AND. 7) the Owner(s) of said Lot(s) will pro~~ide the Association prior to commencing such business operations, and at all times during such business operations, t~ith verification of liabilit~~ of insurance co~~erage in an amount not less than `~, nec~-„~tz.~~rtrw or r~rzorr.c-rr~~r, cxn r:`.~` rs, -~.~c:r. 12 OF 2> c c~~:r>rrrc,;~s, r;.~sr;~n;~:~rs,~ rtr.~~rrtrc~rrr~~~ $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND; 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarih limited to Vehicle parking and signage restrictions,. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days written notice delivered to Omer and should the Owner(s) operation such day care business fail to strictly adhere to the protiisions contained within the Declaration as well as any addifional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or interest in such business operation to the extent permission to operate such day care business is authorized. Section Eighteen: Limitation on Alumals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shalt not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of residences. Leashed animals are permitted within the right-of--way when accompanied by their owners. The person accomparrying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine awned. The Association shall be entitled to attorneys' fees and casts for any a on taken to collect such fines in l accordance with the provisions of this Declaration. J ~~ ~~~~ ~ ~~j~(~ ~ ~ ~p ~ ~-~~ Section Nineteen: Tree Height. No tree Ibe allo ~e togrow to a het of more thirty- . five feet above the adjacent ground unless the Committee determines that the increased height would not ` t \ ~ A .,~' have a material adverse effect on the s~iew from other lots. The Association shall specifically have the ~ ' right to trim offending trees at the Owner's expense after reasonable notice. }~ ~~` Section Twent`-: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view of drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non- decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items: and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall been obtained from the ACC. Section Twenty-One: Antelmas. Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted in the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of am~ home without appro~~al of the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be ti-isuall~- shielded from the vie\\~ of the residents traveling upon streets located on the Properties. Section T\\~enh~-T\\~o: Setbacks. No building shall be located on anc Lot nearer to the front lot line nearer to the side street than the minimum building setback lines adopted by the goti~ernmental authority \\~ith jurisdiction oti~er the properties. Section T\\enh-Tluec: Roofs. Roofs on all buildings must be finished \~~ith materials appro\cd for use b\~ the .ACC or its authorized rcpresentati\~es. l~lore than one t<~pc of material ma}~ be approved. D1~.('i,.\R:\'1'1O` OF 1'RUT'P.("I'1\'I~; CO\'I;N,\\'1'ti, 1',\GI'; I.~ Ol' ?~ ('O,\1)1'r(~)\S, 1~:,\ti1~;:111~;'~"rti.Y~ RP:S'I'RI(`I'IO~ti Secrion Twenty-Four: Fences. Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (1) twenty feet of the property line; or (ii) the distance betZVeen the front wall (facade) of the primary residence; subject to (1) approval of the ACC; and (ii) determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall facade of the primary residence. No barb wire, chain link corrugated fiberglass fences shall be erected on a>n- lot, except that chain link fencing for a sport facility enclosure may be considered far approval by the ACC upon request. All fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section TwentS~-Five: Under~ound Utilities Required. Except for any facilities or equipment provided by the Declarant or any utilit5r, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenh~-Six: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas, which shall be hard- surfaced. Only cars of guests and visitors maybe parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be pe_rnutted in open view from any Lot or right-of--way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision shall not exclude parking of up to a combination of two (2) automobiles and regular size pick up trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles andlor boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 2~ hours) parking or storage of velucles on the Lots, but if stored, vehicles shall be adequately screened from the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up tracks owned or used by the lot owners), still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of-rvay for more than 2~1 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after written permission has been obtained from the Board. Secrion Twenty-Seven: Sites. No signs, billboards, or other advertising structures or de~~ce shall be displayed to the public view on any lot except (1) not to exceed three square feet in area may be placed on a lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which may be installed by Declarant. Political yard signs, not more than three square feet in area, of a temporary nature, not to exceed thirty days will be allowed during campaign periods on lots. Within five days after the date of the election to wluch the sign refers. such signs must be removed from lots. Tlus section including but not limited to the restrictions on the number of signs and sign size limit shall not apply to signs approved under this Declaration by the Declarant during the development period. The Declarant may- establish, for the duration of the de~~elopment, signage guidelines and standards for lot identification signs, `'for sale" signs and other signage that may be placed by parties other than the Declarant on am' part of the lots \\~ithin Autumn Hill, the common areas. or the public right-of- war~. The Declarant mad. also develop an overall theme for signage ~\~ithin [he project. including specific requirements for physical sign installation and size requirements. \vhich theme \~~il] then become a part of the established guidelines and standards for signage in Autumn Hill during the development period. During the dcvclopn)cnt period, the Declarant shall have the sole and cxchlsi\~c right to appro~'c. in the Declarant's sole discretion. anv and all si~~nage installations \vithin anv part of the real property I)t~;c~i,:\rt.\~ri(1~ r)r -~lurrr;c~rn~r; crn~e~,\~~rs, r,\ca~; 1 l OF 2 ('<)~Dil'1O`'ti, 1',,\~h:~il~,'i'I'ti 8c It l~,ti'I'RI('1'1O\ti encompassed w~i`~hin the plat of Autumn Hill, includil~g the adjacent right-of way. Each owner of a lot in Autumn Hill and any developer or real estate agent on behalf of an owner, shall submit any proposed signs to the Declarant for approval prior to the installation of the signs. Any sins not specifically approved by the Declarant found anywhere within Autumn Hill, the common areas, or on any lot, or on adjacent right-of-~vay may be promptly removed and disposed of by Declarant. This absolute right of the Declarant to remove unauthorized signs from the property or adjacent rights-of-~vay specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensarion of any kind for signs removed by Declarant pursuant to the section. The Board may cause any sign placed on the property or any adjacent rights-of--way in violation of this Declaration to be removed and destroyed without compensation of any kind to anyone including, but not limited to any person ha~ring any ownership interest in the sign. This Section shall nat apply to signage placed by Declarant. Additional signage may be installed by Declarant during the development period to promote the sale of lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Declaration to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall nat be subject to the limitations set forth in this Declaration in the number of signs and size of signs. The Declarant shall also not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Declaration. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed on any lot not owned by the Declarant. This Section shall apply even if Declarant requires an owner to place a sign pursuant to this Declaration. Section Twenty-Ei~lrt: Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: 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 by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy' in accordance with the drainage plan submitted to the ACC. Section Tl)irt~~-One: Use During Construction. Except with the approval of the Board, no persons shall reside upon premises of any Lot until such time as the impro~'ements to be erected thereon in accordance ~~~ith the plans and specifications appro~•ed b}~ the Board have been completed. Section Thirty-T~ti~o: Uarbaec and Refuse. No garbage, refuse, nebbish, cuttings or debris of am' kind shall be deposited on or left upon am' Lot unless placed in an attricti~'e container suitablti located nr:cl.:~l(.~~rlc>x Or rrurrr.(-rl~'r, c'(wr;,v:~ti~rs, h:~cr; I i O1~ 2~ ('0`1)11'10\S, I';.~tih;11I~,Vl'~ ~ Rl~;til'I(1("1'iO\ti and screened from public ~zew. All equipment for the storage or disposal of such materials shall be kepi in a clean and sanitary condition. Section Thirty-Three: Tanks. Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels; must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines; garbage cans. Equipment, coolers, woodpiles, or storage piles shall be walled in or otherciise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved b~° the ACC prior to construction. Section Thirty-Four: Auto Repair. No major auto repair shall be permitted except within enclosed garages, which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finish on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveways. That all driveways including any access to the rear yard of amr residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. Section Thirty-Seven: Maintenance of Structures and Crrounds. Each Owner shall maintain his Lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty-Ei~lrt: Firearms. The use of firearms is expressly prohibited within the plat of Autumn Hill. Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any C>`~~ner's lot. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a result of dwelling construction acti~~ities, or other acti~dties by owner, by persons acting for owner, or by persons in or around t'cte property at the request or with the consent of the owner. Section Forty-One: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor' items such as used brick, weathered planking, and similar items. The Committee will deterniine whether a used material is a "decor" item. In making this determination. the Committee «ill consider whether the material harnionizes ~~ith the aesthetic character of Autumn Hill de~•elopment and ~i~hether the material ~~~ould add to the attraction of the subdivision. All siding and trim are to be re-sa«n wood and/or ~~ertical or horizontal `LP" tt~pe siding. brick, authentic stone siding, OSB LAP or ~~im•1 siding of a color appro~~ed b~~ the ACC. TI-1 1 siding shall onlc be permitted on the sides of the residences, ~~~hich do not face the street. or on the back of residences. The exterior of all construction on ant Lot shall be designed. built and maintained in such a manner as to blend in ~~-ith the natural surroundings and landscaping. Exterior colors must be appro~~ed b}- the Committee. Exterior trim. fences. doors. railings. decks. ewes. gutters and the exterior finish of garages and other accessor~~ buildings shall be designed, built and maintained to be compatible with the exterior of the stn~cture they adjoin. nrc~r,.~rt.~~rrox rrr r~ru~rrcc-rr~r;c~cn~rcx;~ti rx, r:~c;r; 1G O~ 2; c crnurrrc>~s, r.:~~e>rn;~~rs ~ nr,.~~rurc~~rroxs The Committee or Board mill establish an approval process and color guidelines. Any° change of color as to the exterior of any existing home Within Autumn Hill ti~ill be subject to the same approval process. Section Fork°-T~vo: Minimum Size of Residences. Private single-family residences shall consist of not less than on (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for nat less than t~vo (2) cars, and that no portion of the interior of said garage may be improved and/or finished for residential use. No single structure shall be altered to provide for more than one (1) family. Single level tSTe residences (residence consisting if a one-story residence or a residence consisting if a basement and one story) shall contain at least 1,200 square feet. Multi Level residences (i.e., tri-levels as that term is used th the construction industry) shall contain at least 1,400 square feet. Two story- residences shad contain at least 1,400 square feet. Split-level residences shall contain at least 1,400 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulation for installing electrical wires and equipment, and the uniform codes (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty-Four: Entry for Inspection. Any agent or member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies tivith the pro~nsions of this Declaration. The above-recited indi~zduals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Forty-Five: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written Ivles and restrictions governing the use of the Properties, pro~~ded such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties; shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under la~v, including but not limited to imposition of fines as authorized by RCU~ Chapter 64.38, speciFic performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCI~Y Chapter 64.38) but the Member must first obtain an order from the court of competent jurisdiction entitling the Member to relief. In the event that a Member takes am- action to enforce the terms of this Article, the Association shall not be in any \\ay obligated to join in such action, or pay any of the attorney's fees. costs and e~•penses incurred in such action. ARTICLE TEN: EASEMENTS Section One: Easement for Encroaclm)ents. Each Lot is, and the Conunon Areas arc, subject to an easement for encroaclunents created b\~ constn)ction. settlement, and overhangs as designed or constructed by the Declarant. and a valid easement for encroachments and for maintenance of the same as long as said imprrn~cments remain. Section Ttco: Easements on Exterior Lot Lincs. In addition to easements reserved on am~ plat of the Properties or sho\\~n b~' instrument oC record, casements For «tilitics and drainage are rescn'cd For the 1)F.CL,V2:\'1'1O\ O1' PRO'rF,("('T~'1~, C'(ri'IS~.\ti fti, I',\Ca? 1 7 Ol•' 2> COI)['1'IO~'~.1~;.AFI~.~IP,,A'T'ti& I~h;ti'rltl("I'iONti Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines; and ten feet over the rear and front of each Lot, and over, under, and on 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 Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lat, except those improvements for which a public authority; utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the eirterior of any building located thereon during reasonable hours as maybe necessary for the following purposes; (a) cleaning, maintenance, or repair of any home or Lot as prodded in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declaration. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspections, and maintenance of utilities and drain facilities as delineated on the plat of Autumn Hill. No encroachment will be placed within the easement shown on the plat, which may damage or interfere tivith the installation, inspection, and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGE PROTECTION Section One: Mortgages. Nori~ithstanding and prevailing over any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions apply to and benefit each Institutional First Mortgagee ("Mortgagee") tivhich holds a Mortgagee given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability- Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the obsen~ance or performance of any covenant, restriction. rule. Association, Article of Incorporation or Bylaw, or management agreement, except those matters w~luch are enforceable by injunctive or other equitable relief. not requiring the pa}ment of money, except as hereinafter prodded. Section Three: iylortaaaee's Rir;hts 1?urin~ Foreclosure. During the pendenc}~ of any proceeding to foreclose the Mortgage. the Iv~lortgagee or the receiver. if any. may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Oa~ner~s exercise of such rights and privileges. Section Four: Acquisition oC Lot b~~ Mortga~ec. At such time as the Mortgagee shall become entitled to possession of the Lot, the i~Iortgagce shall be subject to all of the terms and conditions of the nr;c~r,:~a:~~rrc~~ cx~ rucrrr:r. rrvr~; covr:~;~~~rs, r.~c:r: 18 OF 2~ cc~~~r~rrrc~,v~, r;,~sr~;arra~rti ~ ru~srizrc•rrcr~ti Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against maybe treated as a common expense to other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section SiY: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest places upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mort~a~ee's Rights. Any Mortgagee shall have the right upon request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. Section Eight: Limitation on Abandonment of Common Areas The Association shall not without the prior written approval of sixty-seven percent (67%) of the Mortgagee's, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any parry of the Common Areas or facilities; (b) any condemnation or eminent domain proceeding involving any Housing Units or portion of the Common Areas or facilities; (c) any default under this Declaration or the Articles, Byla~vs or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it hold the mortgage; (e) ten (10) days' prior written notice of any lapse; cancellation or material modification of any insurance policy or fidelin• bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Section One: Covera>;e. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability police covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board. the ACC. its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Follo~~ing the development period, all such insurance coverage shall be «Titten in the name of the Association as trustee for each of the Members of t1TC Association. The Association shall review the adequacy of the Associations insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they ma~~ not be canceled or substantially modified (including cancellation for nonpayment of premium) ~yithout at (cast ten (l0) days prior tii'ritten notice to am' and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. vr~,('r„v2:~~rrc)~ c)t~ r~r2crrl~;c-riti~r,covr;~.~~°rs, r.~c:e l~J OF 25 ('0:~1)1'I'IO~ti, 1',,~tiF.~1h:~'1'S& RiSS'rRIC'rT~ri~ Section Tcvo: Replacement Repair A$er Loss. In the event of damage or destruction of the Common Areas covered by inc„rance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract vi°ith any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter b4.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not In limitation of, any other remedies provided bylaw. Section Two: No Waiver. T'he failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contail-led therein, or to sen-e any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such rights for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration of the Article, Bylaws, rules or regulations or the Association shall be deemed to have been made, either expressly or unplied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold. or other«ise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of am' condemnation shall be distributed to a Lot Owner or to any other part} derogation of the rights of the First iviortgagee of anv Lot. ARTICLE(SEE LATEEN: GENERAL PROVISIONS 1. Binding Effect Al] present and future 0\\"ners or occupants of Lots shall be subject to and shall comph" \\-ith the provisions of this Declaration, and the B}'la~\"s and rules and regulations of the Association. as the\~ nra}- be amended from tine to time, arc accepted and I)1?('1.:\I2.\"t'I<)V O1' I'RO'C1{("rI\'F, COt"I%.`A\'f5, I',1GIS zQ O1' 2j C'O~nfi'i(>Nti, h;.ASE31h;~'I'ti ~~ NP,S"rIt(('rlO~ti ratified by such Owner or occupant, and all such pro`~isions shall be deemed and taken to be covenant s running with the land and shall bind any person having at the lime any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and everv~ deed and convevance or lease thereof. 2. Encroachment by Court Action. The Association, the Declaration, the ACC, The Homeowner's Association, or am• Lot owners shall have the right to enforce, by any proceedings at law or in equit<T, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Omer 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 Owner found to be in violation of said condition, covenants, reservations, or restriction, or found to be delinquent in the payment of said lien charge. 3. Enforcement by Self-Help. The Declarant, the ACC, the Association, or duly appointed agent of either, may enter upon any Lot, which entry- shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking actions either by court or by self-help, written notice shall be given to the offending lot Owners. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than thirty (3U) days. ~. Expense of Action. The expense of any corrective action or enforcement of this Declaration if not paid by the offending owner within thirty (3U} days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Otiz°ner Objection. Should a lot Oc~~ner object to the complaints of the Declarant, the Association or ACC in ~rTiting within a period of fifteen (1S) days after the complaint is made and. further, should the parties not agree on propem~ maintenance or other matters complained of the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party- shall choose an arbitrator and they. in turn. shall choose a third. The arbitration shall be conducted in accordance ti~~ith the rules of arbitration under the laws of the State of Washington in existence at the time of am' such arbitration. 7, Costs and Attorne}s Fecs. In the e~~ent of legal action, the prevailing party shall be entitled to rccocer actual costs and attorne\~'s fees. For the purpose of this declaration `~Iegal action° shall include arbitration. Ian- suit. trial, appeals, and am action, negotiations, demands. u-~;(•-,.\tt:\'ru),` or• rti(rrr,(~rl~ r, ccn 1~;~\ti rs, r:\(:r; 21 OF 25 ('O\1)1TIO`ti, 1~;:\ti1~,~11Sti"1'ti & Rr?5'rltl("1'I~)Nti counseling or otherrrwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney's fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 3. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising rights, power, or remedy provided in this Declaration shall be construed as a waiver of acquiescence in any breach of the w~~enants, conditions, reservations; or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants 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 may be unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other proj~isions, which shall remain in full force and effect. 10. Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vice versa, where the conte~-t so adnuts 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 Properties by providing a common plan for the development Autumn Hill. 11. Term. This Declaration shall be effective for an initial term of thirty (30) years, and thereafter by automatic eti-tension for successive periods of ten (10) years each, unless terminated, at the expiration of the initial term or any succeeding ten (10) year term by a termination agreement executed by the then Owners of not less than 7~% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorder w7th the County Auditor. 12. Perpetuities. In the event that any pro~•ision of this Declaration ~~iolates the rule against perpetuities, such provisions shall be construed as being void and of no effect as of twenty- one (21) ~°ears after the death of the last surZi«ng incorporator of the Association. or tj~-ent<- one (21) years after the death of the last sur<~ivor of al] the said incorporators' children and grandchildren who shall be li~-ing at the time this instnrment is executed, whichever is later. 13. Method of Notice. Am- notice required by the Declaration or the Articles or Byla«~s of the Association or the rules and regulations adopted by the Association shall be deemed properly gi~•en when personalh• delivered. deposited in the United StatCS mail, postage prepaid, or when transmitted by Facsimile. nr:c~r,.~n,~~rrc~~ c>r r~rurrr:c-rr~~r; ccwr;`:~~~rs, r~,u;r~: 22 O1' 2> c~otinrrrcros, r;,~sr•.an~,~~rs.~ nr~s~r-irc-rrc~`s 14. Successors and Assigns. This Declazation binds and is for the benefit of the heirs, successors and ass b°ns of Declarant, the Declarant, the Members and the Owners. ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended; and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than the Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. Section Three: Prior Approval by FT~4/HUD. Regardless of whether or not 7~% of the lots have been sold to others than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veteran Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the Lot Owners: a) Annexation of additional properties b) Dedication of any properties c} Amendment to this Declaration Section Fotu: Votins;. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sia-ty-seven percent {67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%} or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (1Q) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (~1%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the follovv7ng: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Cotrunon Areas; ~. Insurance or fidelit}~ bonds; ~. Responsibilit<- for maintenance and repair: 6. Contraction of the project or the ~tiithdraw~al of proper[}~ from the Properties: 7. The boundaries of am' Lot: 8. Leasing of Housing Units to other than as set forth herein: 9. Imposition of am~ restrictions on the right of an O«'ner to sell or transfer hi/her Lot: 10. Am~ decision b}' the Association to establish self-management `hen professional management had been required prc~-iously b}' an Institutional First IVlortgagce: ne('r,.v(.~ rlO~ c>r• rr(()rr.c~~n~r, c'c~~~r„v,~~ rs, h.~cr.23 OF 2~ ('O ~I)rl'iO\ti, I~:,~tih:~TP;`'rti :~ RT,ti"1'121("('IO.~ti 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs: or 13. Any pro~isians u~°hich are for the ea~press benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the count3r in which this Declaration is recorded Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties 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: 1. Discriminate ar tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its o`vn records into the name or location of an}- lender or lien holder. nr;cl,.~lt.~~rlc)~ Or 1>ti(rrec-rn~i~; c~(wr~,~~~fs. h:~cr.2~G OF 2~ ('O`1)Il'1OV5, I~,:~tiP111~.`i"1'ti.~C Ith;ti'fRiC"!'iOYti IN ~VZTNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of .2003. By: STATE OF WASHINGTON ) SS. COUNTY OF THURSTON ) Lubbesmeyer Construction, Inc. Paul Lubbesmeyer Vice President On this day of , 2003 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and stiyorn, personally appeared P.4 UL L UBBES~~1E'YER, to me kno~in to be the VIDE PRESIDENT of L UBBE~t~IEYER CONSTR UCTIOlV; INC., a Washington "C" Corporation that executed the foregoing instrument, and acknowledged the said instnuent to be the free and voluntary act and deed of the "C" Corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. Dated this day of , 2003. Name: NOTARY PUBLIC in and for the State of Residing at My appointment expires: nr:cl„\It,\'flO` l>I~ YKO'1'I~:C"rI\"1~; ('cn~r.x.\` rs. r:\<:1~; 2> OF 2~ ('OrDI'I'I<)Vti, 1'„\SI•;~11;~'1'ti 8c I(1',ti'fRiCl'IO\ti City of Yelm Invoice No. CDD-03-077 Community Development Department INVOICE - Customer Name Address City Phone Lubbesmeyer Construction 1151 East 112th Street Tacoma State WA ZIP 98445 Date 2/19/03 Order No. Autumn Hill Rep FOB SUB-03-8332-YL hrs Description Unit Price TOTAL 36 Development Engineer Inpection and review fees $54.00 $1,944.00 / -~~, ~ ~~ SubTotal $1,944.00 Payment Details Shipping & Handling $0.00 ~ Cash Taxes WA O Check Q TOTAL $1,944.00 Office U e Only ~ 1~y n~ ~ ~.~c J City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YDU 4=~GEOlV1ATIC5 `~~`~~~~~~~~~ LAND SURVEYING '~ m2000 104 Berry Valley Road • PO Box 2550 • YELM, WA 98597-2550 360-400-LAND ~szea> • FAX: 360-400-5264 January 29, 2003 Tami Merriman Assistant Planner City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Re: Autumn Hill Final Plat Your File No.: SUB-03-8332-YL Thurston County Assessor's Tax Parcels #22730130800 & 22730130900 Geomatics Job No.: 1104 Dear Tani: We have completed our review of the Autumn Hill Final Plat signed December 20, 2002 by Roy Snyder, PLS. The plat has fundamental deficiencies. Attached, please find the original "blue-line" copy, sheets 1- 3, with our "high lighted" comments. Our review requests additional information and edits. We have also offered suggestions, which may be found beneficial but are not mandatory changes. We have retained a copy of the "high-lighted" plat for our files. We have enclosed Invoice #214 for the amount of $375.00 for professional services rendered. If you have any questions or desire additional information please contact me. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, P.S., Inc. ~~ Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com ~~ r / ~y ~ Ln q~ / ~6` ~I~ ~~~U \(1~ ~V ~y ~~ ~~ ~3~~^ ~p~G )F THE p~y~l ~~1/1 T1 ~O/~ 1 m 1 ~LlYl P.o. Box 47s RECEIPT No. 2 6 3 5 ~ Yelm, WA 98597 ~y,yy1 360-458-8403 ;FINED ****TWO THOUSAND THREE HUNDRED NINETEEN DOLLARS & 00 CENTS RECEIVED FROM DATE REC. N0. AMOUNT 3BESMEYER CONSTRUCTION INC. 02/27/03 26356. 2.319.00 CHECK ~1 E 112TH ST :OMA, WA 98445 3-537-6370 MISCELLANEOUS RECEIPT GRETCHEN REF. NO. 14039 PUMN HILL. ENGINEER FEES, SURVEY REVIEW FEES -03-077. a~ 9r ~l o ~'el~n 4 ~ ~ 105 Yelm Avenue West P.O. Box 479 YELMQTON Yelm, Washington 98597 (360) 458-3244 Date: February 19, 2003 To: Mayor Rivas, and City Council ~N~ ~ C~+G~ r~ From: Tami Merriman, Assistant Planner Re: Final Plat for Autumn Hill, SUB-02-8332-YL yStaff Recommendation Staff recommends City Council approve the final plat for Autumn Hill, SUB-02-8332-YL. Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that all conditions have been met. Background The Yelm City Council approved with conditions, a preliminary plat for the above referenced project on September 12, 2001. The project has now completed construction, and the applicant filed an application for final plat on January 9, 2003. Applicant: Paul Lubbesmeyer, Lubbesmeyer Construction, Inc. Proposal: 26 Lot, Single Family Final Plat Approval Location: The project site is located on the Southwest side of Vancil Road, adjacent to the City Limits. ~riginal Conditions of Approval: Open Space 1. The applicant shall shift the open space to the East, to border on Vancil Road, keeping at least 14,460.5 sq.ft. This will allow for public access as required in Yeim Municipal Code, Chapter 14.12, and vehicular access for maintenance. The applicant may increase the size of lots 5, & 6, if desired, keeping the minimum open space requirement. Complete: The applicant has provided 14,743.59 sq. ft. of open space at the southwest portion of the property. The City of Yelm is an Ec~unl Opportunity Provider 2. The applicant shall submit a final improvement plan for the open space. The open space improvement(s) shall be located to the south of the stormwater facility. The plan shall demonstrate compliance with Chapter 14.12.050. Completed. 3. The applicant shall dedicate the open space to the City of Yelm. Completed. Transportation 4. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Vancil Road shall be consistent with the section "Neighborhood Collector". Interior street improvements shall be consistent with the section "local access residentiaP'. Completed. 5. The applicant shall provide for continuation of streets as per YMC Chapter 16.16.060, 16.16.090, and 16.16.110. The applicant shall extend the proposed street to the property adjoining on.the north. The applicant shall be required to sign the street "Future Road Connection". Completed. 6. The applicant shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit. Complete: The TFC charge is paid at building permit issuance, and is noted on the face of the plat. Sewer 7. The proponent shall connect to the City's S.T.E.P System. There is an existing 3" line at the adjacent property to the north. A connecting 3" line line shall be extended across the frontage of the property. The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Complete. 8. Sewer connection fees are charged at the current rate of $4,850 per connection, (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per a connection, also payable at building permit issuance.. These fees will be assessed at building permit issuance for each lot. Complete. The connection fees are paid at building permit issuance, and noted on the face of the plat. 9. Existing sewage systems located on-site shall be abandoned per Article IV Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. Complete. Water 10.The Applicant shall connect to the City's water system. There is an existing 8" watermain located on the adjacent property to the north. A 10" line shall be extended across the property frontage of the development. The on-site water system shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Complete. 11. Water connections are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000 per connection (fee subject to change) inside city limits. One connection would be charged to each residential building lot. These fees are payable at building permit issuance. Complete. The connection fees are paid at building permit issuance, and noted on the face of the plat. 12. Existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review. Complete. 13. Water rights for the abandoned wells shall be dedicated to the City of Yelm. Complete: There were no water rights for the well. 14.AI1 open space areas and planting strips shall have an irrigation system with a separate water meter(s). The applicant shall submit final civil plans to the Community Development Department for review and approval. Complete. Stormwater 15:The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. The applicant shall compile a final storm water report along with construction drawings. Complete. 16.A11 roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. Complete: Will be reviewed and approved at building permit issuance. 17.The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. Complete. 18.The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Complete. Fire 19.The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Complete. 20.The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Complete. Street Lighting 21. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Complete. Landscaping 22.The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. Complete. Environmental 23.The applicant shall comply with the mitigation of the MDNS issued on July 17, 2001. Complete. Subdivision Name and Property Addresses 24.The applicant has submitted a subdivision name of Autumn Hill. The City will forward that name to the Thurston County Records Department for approval. Prior to submission of final plat application, the applicant will provide the Building Department with a plat map for addressing. Complete. General Public Works 25.The applicant shall submit a grading plan for review and approval prior to any on-site grading. Complete. 26.The applicant shall contact the Olympic Air Pollution Control Authority, 909 Sleater- Kinney Rd SE, Suite 1, Lacey, WA 98502, (360) 438-8768 to secure any necessary permit(s) for the removal of materials containing asbestos and/or lead paint. Prior to issuance of a city building permit the applicant shall demonstrate compliance with any OAPCA requirements. Complete. 27.The applicant shall submit a demolition plan for all structures on the project site. The demolition plans shall address any requirements from the Olympic Air Pollution Control Authority permit. A demolition permit is required for the removal of existing structures. Complete. Conclusion: The applicant has completed, and City Staff has approved all original conditions of approval of the preliminary plat. ~~ THE p~Q~ a~ ~ Ci o Yel~n 4 ~ ty 105 Yelm Avenue West YELM P.O. Box 479 WASHINGTON Yelm, Washington 98597 (360) 458-3244 February 3, 2003 Paul Lubbesmeyer Lubbesmeyer Construction, Inc. 1151 East 112th Street Tacoma, WA 98445 Re: Comments for Autumn Hill Final Plat Application -SUB-02-8332-YL Dear Mr. Lubbesmeyer: The City has completed its initial review for the above referenced final plat application. There are some items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments have been sent to True Point Surveying for corrections. In addition to the corrections required by the reviewing surveyor marked in purple highlights, I have added the City's comments in red. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one Mylar set, and one 11" x 17" copy, and return all redlined copies. 2. Stormwater Maintenance Agreement has not been submitted. This must be submitted and approved by the City prior to February 12, 2003. 3. Lot closures will need corrected and resubmitted. 4. Other Corrections: Please follow the corrections marked in red on the Declaration of Covenants and Restrictions, and the Bills of Sale, and have the By-Laws signed. 5. City development review fees: I will have the amount of city review fees shortly, and will forward a billing statement to you. Survey review fees in the amount of $375.00 must be paid prior to Council review. (see bill attached.) The City of Yelm is an Equal Opportunity Provider -"='!r~!!GEOMATICS s~iSiZ~w LAND SURVEYING + • ©zooo 104 Berry Valley Road PO Box 2550 • YELM, WA 98597-2550 • 360-400-LAND cs~s) • FAX: 360-400-5264 January 29, 2003 Tami Merriman Assistant Planner City of Yelm 105 Yelm Avenue West Yelm, WA 98597 Re: Autumn Hill Final Plat Your File No.: SUB-03-8332-YL Thurston County Assessor's Tax Parcels #22730130800 & 22730130900 Geomatics Job No.: 1104 Dear Tami: We have completed our review of the Autumn Hill Final Plat signed December 20, 2002 by Roy Snyder, PLS. The plat has fundamental deficiencies. Attached, please fmd the original "blue-line" copy, sheets 1 - 3, with our "high-lighted" comments. Our review requests additional information and edits. We have also offered suggestions, which may be found beneficial but are not mandatory changes. We have retained a copy of the "high-lighted" plat for our files. We have enclosed Invoice #214 for the amount of $375.00 for professional services rendered. If you have any questions or desire additional information please contact me. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, P.S., Inc. ~,~ Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com Geomatics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To City of Yelm Community Development Director Grant Beck PO Box 479 Invoice Date Invoice # i 1/29!2003 ~ 214 I i r etm, wa ya~y i P.O. No. Terms Geomatics No. I Due on receipt 1104 Class Item Description Hours Rate Amount Professio... I Peer Review Final Plat of Autumn Hill Peer Review. - ~ 5 75.00 375.00 i I - If you have any questions please call. TOta~ $375.00; I ~ - - - Phone # Fax # E-mail r- --_-___ ,..__-- ___-_- --___ __--_ __._.-- - __-.___ _.._ __ 360.400.LAND(5263) ~,' 360.400.5264 drb(a?geomaticslandsurveying.com Payments/Credits $o.oo ~! Balance Due $375.00.. Web Site www. geomat i cslandsurveving. c:om Tami Merriman From: Jim Gibson [jimgibson@ywave.com] Sent: Tuesday, January 21, 2003 11:01 AM To: Grant Beck; Tami Merriman Subject: Autumn Hill Final Plat Review TYye^following are the comment 2 have after reviewing the final plat map ~~~ Needs to show the future connection roadway information Needs some type of note about when the temporary cul-de-sac re, ed. ~ Tract B should be dedicated to the city. Needs to have the step sewer easement added. . Tract A is the homeowners responsibilit Doesn't the plats wn somewhere on the face of the plat. ~~ That's it for now. Jim Gibson Development Services Engineer City of Yelm PO Box 479 Yelm, WA 98597 WK. 360-458-8438 FX. 360-458-3144 jimgibson@ywave.com can be have that 1 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Dennis Baker, Geomatics From: Tami Merriman, Assistant Planner Date: January 16, 2003 Re: Autumn Hill Final Plat Application, SUB-03-8332-YL Enclosed please find the Final Plat Application, and related documents for SUB-03-8332-YL Autumn Hill, for the construction of 26 single family residential lots. Please review and submit comments to the City of Yelm Community Development Department, on or before January 29, 2003. Thank you, Tami Merriman Assistant Planner C:\Community Development\Project Files\SUB Full Plat Subdivision\8332 Autumn Hill Final\assessor.doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Thurston County Assessor From: Tami Merriman, Assistant Planner Date: January 16, 2003 Re: Autumn Hill Final Plat Application, SUB-03-8332-YL Enclosed please find the Final Plat Application, and related documents for SUB-03-8332-YL Autumn Hill, for the construction of 26 single family residential lots. Please review and submit comments to the City of Yelm Community Development Department, on or before January 29, 2003. Thank you, Tami Merriman Assistant Planner C:\Community Development\Project Files\SUB Full Plat Subdivision\8332 Autumn Hill Final\assessor.doc Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: January 16, 2003 Re: Autumn Hill Final Plat Application, SUB-03-8332-YL Enclosed please find the Final Plat Application, and related documents for SUB-03-8332-YL Autumn Hill, for the construction of 26 single family residential lots. Please review and submit comments to the City of Yelm Community Development Department, on or before January 29, 2003. Thank you, Tami Merriman Assistant Planner Documentl ~ ~~ i December 16, 2002 City of Yelm 105 Yelm Ave West P.O. Box 479 Yelm, Wa. 98597 To Whom It May Concern: As per the final plat process checklist, following is a su.:imary of how all City Council conditions of approval and SEPA mitigation have been met. 1. Open space has been shifted and constructed to the East with frontage on Vancil road. Said open space has 14,756 square feet to exceed the minimum square footage. 2. The approved open space has been constructed, improvements included two permanent picnic tables, planted trees, hydroseeded grass coverage and metered hose bibs for imgation purposes. 3. Dedication of open space to City of Yelm on face of plat. 4. Frontage improvements professionally designed, approved by City of Yelm and installed as per plan. 5. Street has been dead ended abutting property to the north with a temporary cul- de-sac put into place as per engineered design and "Future Road Connection" sign installed. 6. Seven hundred fifty seven dollarlunit Transportation Facility Charge to be paid at time of building permit. 7. Engineered S.T.E.P. Sewer System has been installed with 3" line extended across the frontage of the property and individual lines stubbed to each individual lot internally within the plat. 8. Sewer connection fees will be paid at time of building permit. 9. Septic system for existing home has been abandoned as per Article IV Rules and Regulations. 10. Water has been connected to the City's water system as per City standards. 11. Water connections fees to be paid at building permit. 12. Existing well on site has been abandoned per the Department of Ecology standards and documentation. submitted to ±he Thurston County Health Department . 13. As per the title report no water rights were found for the abandoned well so no water rights has been deeded to the City. 14. A separate water meter for the open space has been installed and final civil plans submitted for review and approval. .. 4 15. Storm water facilities has been designed and constructed in accordance with DOE Storm Water Manual, and final storm water report submitted with construction as- builts. 16. Infiltration systems far roof drain runoff has been engineered for individual lots and shall be installed at time of home completion. 17. A storm water operation and maintenance plan has been submitted to Community Development Dept. for approval prior to final plan approval. 18. The stormwater system has been assigned through the Homeowner's Association CCc~u,R's to be held in common by the homeowners, and annual fees has been determined for the maintenance and repair of the stormE~,~ater facilities. 19. Applicant has submitted fire flow calculations for all existing and proposed hydrants. 20. The applicant has submitted a fire hydrant plan to the Community Development Department for review and approval. 21. A lighting plan has been engineered, constructed and approved. 22. A landscape plan has been designed, constructed and approved. 23. Applicant has complied with the mitigation of the MDNS issued on July 17, 2001. 24. The name of Autumn Hill has been submitted and approved, a final plat application for addressing purposes has been submitted. 25. Applicant had submitted a grading plan for review and approval prior to any on- site grading. 26. The applicant had contacted the Olympic Air Polluiion Control Authority and removed asbestos as per their compliance requirements. 27. The applicant has removed structures in compliance with OAPCA compliance requirements. Thank you for your time in addressing the final plat submittal for Autumn Hill and please call me with any questions. Sincerely, ~~ Paul Lubbesme er y Lubbesmeyer Construction Inc. Vice President