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Project Rev & Correspondence FAX p~0 r ~~.GE~IT H O M E S ~ From: Tai \ ... r... Company: Pages: Phor-e: Date: .Z Fax: _~ (, (~ `~1 S ~ - 3 ~. , Rf~ 204 South 348'" Street, Suite 2 Federal Way, Washington g8U03 Phone: 253-927-7006 Fax: 253.927-048b E'd BLE6 LZ6 ESZ sawoH ~ua~a~ dSb~ZO b0 6T qa~ To Whom It May Concern: Please note we have declined to have Regent Nc>mes, Inc install a landscaping buffer in our backyard. S nature Bate Signature Date Matthew & Andrea Moreland 15326 Carter Court South East Yelm, Wa ~t350G Hawk's Landing I_ot 13 T'd SLE6 LZ6 ESZ sawoH ~ua~ab dSb~ZO b0 6i qa~ To Whom Ii May Concern: Please note we have declined to have Regent Homes, fnc install a landscaping uffe in uur b~u:kyard, ~- ~ . .~~~~~~~~ ~ ~ ~~3 ~~ ..~ Signature Date SigiZaturz Date Shane ~ Phaedra Moon 15323 Carter Court South bast 1'elm, Wa 9~35U~ Hawk's Landing; Lot 14 Z'd 8LE6 LZ6 ESZ sawoH ~ua~ab dSb~ZO b0 6i qa~ HERITAGE HOMES AND LAND, INC. Construction and Land Development _.~. ~.,.. _.....~ • Eatonville, WA 98328 • Office 360-332-8877 • Fax 360-832-2978 • Digital Pager 253-305-9315 July 11, 2004 City of Yelm Community Development Director Grant Beck Re: Hawks Landing/Yelm Community Schools/State Highway Road Improvements rear t_irant, We have been in negotiations with the Yelm Public School system to joint venture the required road improvements for the Yelm School District on State Road 507 and the frontage road requirements on State Road 507 as outlined in the MDNS for Hawks Landing subdivision dated October 19, 2000. As you are aware, Heritage Homes & Land has in place a performance bond for the completion of the Hawks Landing /507 road improvements. Heritage Homes & Land, Inc. has submitted the required plans for WSDOT approval. We would ask that you please extend our time limit until such time as we can get necessary permits and perform the necessary work per Vb'SDOT requirements. We are hopeful that we would be able to complete this project this fall. Please note that we have already contacted Woodworth & Co (who has extensive experience in state road projects) so as to insure completion of the. project in a timely manner. We hope that you will see as we do that doing both of these jobs together would create far less cost to us and less traffic impacts to the City of Yelm. We hope to hear your response to this request for an extension, so that we may continue to move forward with this project. If you have any questions regarding this request, please feel free to call me at (253) 732-3840 or Perry Shea or Greg Stiddham, our engineers at Parametrix (360) 459-3609. Thank you for your consideration of this matter. ~/'`~-~ - l Q Bruno, President YELM COMMUNITY SCHOOLS Where all students can learn and grow Erlin~ Birkland Director of Facilities July g, 2004 1`~~r. Dar Bruno Heritage Homes and Land, Inc. PO Box 1269 Eatonville, WA 98328 RE: Heritage Homes & Land, Inc. / Yelm Community Schools Hwy 50~ Improvements Dear Mr. Bruno: Per our earlier conversation regarding the traffic improvements required at the intersection of Carter Street SE and Hwy 50~, it is the intent of the Yelm School District to enter into a joint venture with Heritage Homes & Land, Inc. to construct the traffic improvements required by the City of Yelm for the Hawks Landing Development and the construction of a new Junior High School. The traffic improvements for the new Junior High School are outlined in the Mitigated Determination of Non-significance dated Apri126, 2004. The terms and acceptance of the joint venture are subject to the review and approval by the Yelm School District Board of Directors. Sincerely, ~• E ir,~M. irklan irector of Facilities YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY E`fPLOYER ANll FOLLOWS TITLE IX REQUIREMENTS. io7 1„ Street SE, P. O. Box 476, Yelm, Washington 98592 (360) 458-6128, FAX (360) 458-6434 ~pf THE AIQ~ I,~~ ~~ YELM WASNIN~TON September 23, 2003 First Community Bank City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Re: Release ofi Assignment, Account #0717000301 To Whom It May Concern: Heritage Homes and Land, Inc. has completed the required improvements associated with the above referenced savings account number. The City ofi Yelm hereby releases all interest in said account. Ifi you have any questions, please contact me at (360) 458-8408. Community Development Director Tl~~e City of Yelrrt is apt Eq«al Opportunih~ Provider ~ ~ ~~ STATES OF A~~ + ~1~ ~~ ~~:~ ~jC ~~ Y ~~~ STATE o~ ~~ b -° ct ,f , ti" 04 ~a ... 9 ~~ ' ~~ ~ ~~~ ~~ .J ~ ~~ •~ ~~ ~~ ~ +a V~ . ! ~S' pd. •~ , k`L 1869 ~ , a'07b secretary o~ state I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to HAWKS LANDING HOMEOWNER'S ASSOCIATION A Washington Non-Profit Corporation. Articles of Incorporation were filed for record in this office on the date indicated below UBI Number: 602 301 395 Date: June 04, 2003 Given under my hand and the Seal of the State of ~ ~ 1'~ Washin ton at Ol m i i ~~ ? ~ g y p a, th ~ ; St t C i l ~ ~ ~ e ~~ - a e ap ta -+ ;- .. ~~ ~~r . > -~ d ; `,i, ~~-+f~. L1~ Sam Reed f?~ ' ~' Secretary of State ~. ~ ~ ,~ ~~~~ ~. ~ ~ ARTICLES OF INCORPORATION OF SECRETARY ~c HAWKS LANDING HOMEOWNER'S ASSOCIATION o, STATE A Washington Non-Profit Corporation ~U~ Q 4 2~~3 >`~ ~- ~~ 1 3 c~ ~ srAr~ aF wASff~~~~~~~ Dan Bruno, being over the age of 18 years, and for the purpose of forming a nonprofit corporation under the Laws of the State of Washington, hereby certifies and adopts in duplicate the following Articles of Incorporation: ARTICLE I Name and Period of Duration The name o£ this corporation shall be HAWKS LANDING HOMEOWNER'S ASSOCIATION and its existence shall be perpetual. ARTICLE II Purpose and Object The purpose and object of this corporation are to own property for the common benefit of the owners of property located within the plat of HAWKS LANDING as recorded under Thurston County Auditor's File No. 3511261 The Association shall also have the purpose and object of operating, insuring, maintaining, repairing, replacing or improving any such property or improvements placed thereon and. for the exercise of any right, duty or other function (including the establishment and collection through lien, if necessary, assessments as provided in the By-Laws of the corporation) as provided for said Association in the Declaration recorded under Thurston County Auditor's File No. 3531205 ARTICLE III Registered Office and Agent The location and post office address of the initial registered office of tl~e corporation in the State of Washington shall be PO Box 1269, Eatonville, WA 98328, and the initial registered agent of the corporation shall be Dan Bruno, PO Box 1269, Eatonville, WA. 98328. mhe s~ree~ adc~~ess of `h~~ r~:~~.ster.ed efiice is 36611 78t:n '!verrue E, r~~fionc~ille, W ~ 98328. ARTICLE IV Membership The members of this corporation shall be the owners of Lots 1 through 60 or HAWKS LANDING as recorded under Thruston County Auditor's File No. 3511261 together with the owners of lots on any additional property made subject to the Declaration referred to in Article II above. Membership shall be appurtenant to the Lot owned by such member and may not be transferred except by sale or transfer of the Lot itself. Each member of the Association shall have one vote for each Lot owned. If a lot be subdivided in compliance with law, the owner of each newly created parcel shall be entitled to membership and one vote for each parcel owned. If rivo or more lots are combined into one parcel in ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page I Hawks Landing. Articlesllcn compliance with law, the owners of the resulting parcel shall be entitled to only one membership and one vote. ARTICLE V Officers and Directors The number of directors of the corporation shall be fixed as provided by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. No contract or other transaction between the corporation and any other corporation and no acts of the corporation shall be in any way affected or invalidated by the fact that any of the directors or officers of the corporation are pecuniarily or otherwise interested in, or are directors or officers of, such other corporation, any director individually or any firm of which any director may be a member, may be a party to, or may be pecuniarily or otherwise interested in any contract or transaction of the corporation, provided that the fact that he or such firm is so interested shall be disclosed or shall have been known to the Board of Directors or such members thereof as shall be present at any meeting of the Board at which action upon any such contract or transaction shall be taken; and any director of such other corporation or who is so interested may b~ counted in determining the existence of a quorum at any meeting of the Board of Directors of the corporation which shall authorize any such contract or transaction, with like force and affect as if he were not such director or officer of such other corporation or not so interested. Any contract, transaction or act of the corporation or of the directors or of any committee which shall be ratified by a majority of a quorum of the members of the corporation at any annual meeting or at any special meeting called for such purpose, shall, insofar as permitted by law, be as valid and as binding as though ratified by every stockholder of the corporation. Except for acts or omissions that involve intentional misconduct, a knowing violation of law, or any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled, the corporation agrees to indemnify and save harmless any officer(s) or director(s) of the corporation against any and all liabilities, judgments, sums of money and expenses (including herein any and all amount or amounts paid in settlement) whether to the corporation, its members or others reasonably incurred by them or any of them in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether in law, equity, or otherwise, to which they or any of them may be a party, or may be threatened by reason of being or having been an officer or director of the corporation, or by reason of serving or having served at the request of the corporation as a director, trustee, employee; or agent of another corporation, partnership, joint venture, trust or other enterprise to the full extent permitted by the Laws of the State of Washington. The initial Board of Directors of the Corporation shall consist of one person. The name and address of the First Director of the corporation who shall hold office until the first annual meeting of the members, or until his successors shall have been elected and qualified, is as follows: NAME AND ADDRESS OF FIRST DIRECTOR Dan Bruno PO Box 1269 Eatonville. WA 98328 ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Pave Hawks Landins,. Articles\len y ARTICLE VI Incor op rator The name and post office address of the Incorporator is Dan Bruno, PO Box 1269. Eatonville, WA 98328. ARTICLE VII Members' Meeting The annual meeting of the members of this corporation shall be fixed by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. Special meetings of the members of the corporation shall be set as provided in the By-Laws. Members may attend and vote in such meetings in person or by written proxy. ARTICLE VIII By-Laws The authority to make, modify and repeal the By-Laws of the corporation is hereby expressly vested in the members of the corporation. Any such alteration, modification or repeal shall be approved by a majority of the members of the corporation. ARTICLE IX Dissolution In the event of Dissolution of the corporation, the net assets of the corporation are to be distributed to the members thereof in proportion to the number of votes held by each such number. WITH S WHEREOF, tl~e Incorporator has hereunto set his hand this of /%~ .~ day I, Dan Bruno, hereby consent to serve as Registered Agent, in the State of Washington, for the corporation herein named. I understand that as agent for the corporation, it will be my responsibility to receive Service of Process in the name of the corporation; to forward all mail to the corporation; and to immediately notify tl~e Office of the Secretary of State in the event of my resignation or of any change in the Registe d Office address of the corporation for which I am agent. ~ ~ ~~ ~ ~ ~3 DATE Dan B -uno, Re ist~red Agent ARTICLES OF INCORPORATION HAVb'KS LANDING HOMEO`~'ER'S ASSOCIATION -- Pate 3 Hu~tiks Landin_. Articles\Icn y 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, duly commissioned and sworn, personally appeared Dan Bruno ,and who declared that he is the person who signed the foregoing Articles of Incorporation as the Incorporator, and acknowledge that the statements therein contained are true. W.I~1'F~~S MY HAND AND OFFICIAL SEAL at Yelm, Washington the day and year first above written. Q „ i. ;ter ~:.,a,,r t otary Pub is in and fort e `"~BUC, S~~of Washington residing ;~., • • 7 a, Cif ~~rjiF~r~_~' My Commission Expires: '~+. • ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION --Page 4 Hawks Landin~.Anicles\len r~ OF THE p~~ ~~~ 9~~a Imo/ ' \~! 4 ?: YELM WASHINGTON City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Date: Apri116, 2003 Company: Re: Recorded Documents Address: File No: SUB-03-8333-YL City, St Zip Name: Hawks Landing Items transmitted for: ^ Review and comment ®For your records ^ As Requested ^ Other Remarks: Enclosed please find the recorded documents for Case Number SUB-03-8333-YL, Hawks Landing Final Plat, for the construction of 60 single family residential lots. The City of Yelm is an Equal Opportunity Provider 204 SO. 348TH ST. SUITE 2 FEDERAL ~'AY, V~'A 98003 November 2Q 2003 Dan Bruno, President Heritage Homes & Land PO Box 1269 Eatonville, WA 98328 -0 J REGENT H O M E S Re: Plat of Hawks Landing-Landscaping Requirements PHONE 253 927 7006 FAX 253 927 7398 WEBSITE www.regenthomes.com Some confusion has arisen regarding the responsible party required to complete perimeter landscaping for the referenced plat. When questioned, the City of Yelm provided information regarding your selection of a Type II landscape buffer on the perimeter of the site, with a board fence along the northeastern section behind/along lots 1-14. Please refer to the attached letter of November 14, 2003, from the City of Yelm. A site inspection reveals that the fencing was never installed along the back of Lots 13 and 14. The landscape buffer, though installed, was never identified as such. Regent Homes learned of its existence when many of the plants were dead, and the City of Yelm noted that they would have to be replaced prior to release of the final Certificate of Occupancy. Regent Homes maintains that you are responsible for the maintenance of the landscape buffer identified above. Please refer to the attached Warranty Agreement recorded under Thurston County No. 3511262, requiring that the buffer be "free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City." Please respond with your plan to restore the perimeter landscape, and any other landscape required by the City as a condition of Final Plat recording of Hawks Landing. Note that time is of the essence, since must lots are sold and nearing completion and closing. Yours ly, / /~/ Gr o nson Construction Manager Cc: Tami Merriman, Assistant Planner, City of Yelm Gary Carlson, Building Official, City of Yelm CF THE p~~ • /. -~ t o Yelm _ C a 105 Yelm Avenue West P.O. Box 479 YELaMvTON Yelm, Washington 98597 (360) 458-3244 November 14, 2003 Regent Homes Gregg Johnson 204 S 348`h Street Suite 2 Federal Way, V1lA 98003 Re: Hawks landing Landscaping requirements The perimeter landscaping for Hawks Landing was originally intended to be board fence. During construction the developer opted to plant a Type II landscape buffer on the perimeter of the site, with a board fence along the northeastern section behind along lots 1-14. Type II landscaping is required around the perimeter of the subdivision. Tyke II landscaping is intended to provide visual separation of compatible uses so as to soften the appearance of streets, parking areas, and building elevation. This landscaping is used around the perimeter of a site. Type II landscaping is characterized by an 8 foot landscape strip of any combination of evergreen and deciduous trees (with no more than 50 percent being deciduous), shrubs, earthen berms and related plant materials or design features may be selected; provided, that the resultant effect is to provide partial screening and buffering between uses and of softening the appearance of streets, parking and structures. For residential subdivisions, board fences are acceptable in lieu of the 8-foot landscape strip. !f you have any questions, please feel free to give me a call at 360-458-8496. Sincerely, V Tami Merriman Assistant Planner cc: Gary Carlson, Building Official The City of Yelm is an Equal Opportunity Provider ~' WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ~~~/~i.E ~m,~.s ~ ~~ (hereinafter refereed to as the "Owner', has applied to the City of Ye( ,apolitical subdivision of Thurston County of the State of Washington, (hereinafter referred to a5 the "City").for the approval by the City of a certain plat of a subdivision to be known as ,~ ~ , a copy of which plat is attached hereto and made a part hereof as "Ex ibit.A", on which said plat are shown areas offered by the Owner to be dedicated to puf~iic 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 18 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 Ov~rner 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 cnnfnrm with the requirromer~ts u:^,d specificaticns of~th~e ~-------- 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 IIIUCII41411111tlIIIII~II~II~I~M~III~IIN~:-~;`PoU. ~. ,,- i _~ 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 o~ this agreement without prior written consent of the City. ~~~~~~ STATE OF WASHINGTON} } ss COUNTY OF THURSTON ) • r~ On this ~ day of _ ~Y1~nC~ , 20U3 ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~~i,,,r,~, ~ ~.~~;a~,,.~-- that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and ed ,far the ses and purposes therein mentioned, and on oath stated that~Fe shefthey as (were) authorized to execute the said instrument. Witness my hand and o ~cial seal hereto affixed the day and year first above written. Given under my hand and seal this~day of ~~ n ~ , 20~. ~ s$ oNRR~~ .~ , '~~w '- +, Notary Pub is in and fa the o r101'ARY „~': `~ 4t e of Washington, residing in ,~ s~;:, ~ ,c,~r'~j'~ My commission expires: ~7 ~ ~- ~t~``~`~`~`._ _ ~+ -9~ ? 9 o+-V~ _ - / ~~ THE p~9 ~ a -~_ Ci o ~e m a ~+ 105 Yelm Avenue West P.O. Box 479 YELMoTON Yelm, Washington 98597 (360) 458-3244 November 14, 2003 Regent Homes Gregg Johnson 204 S 348th Street Suite 2 Federal Way, WA 98003 . _ Re: Hawks landing Landscaping requirements The perimeter landscaping for Hawks Landing was originally intended to be board fence. During construction the developer opted to plant a Type II landscape buffer on the perimeter of the site, with a board fence along the northeastern section behind along lots 1-14. Type II landscaping is required around the perimeter of the subdivision. Type I1 landscaping is intended to provide visual separation of compatible uses so as to soften the appearance of streets, parking areas, and building elevation. This landscaping is used around the perimeter of a site. Type II landscaping is characterized by an 8 foot landscape strip of any combination ofi evergreen and deciduous trees (with no more than 50 percent being deciduous), shrubs, earthen berms and related plant materials or design features may be selected; provided, that the resultant effect is to provide partial screening and buffering between uses and of softening the appearance of streets, parking and structures. For residential subdivisions, board fences are acceptable in lieu of the 8-foot landscape strip. If you have any questions, please feel free to give me a call at 360-458-8496. Sincerely, ,., , ~yyu ~~ lGf~ ZJ?(,,EIS-- Tami Merriman Assistant Planner cc: Gary Carlson, Building Official The City of Yelrrr is rzn Equal Opponc~rcity Provider i 0 0 a REGENT H O M E S November 10, 2003 Gary Carlson Building Official 105 Yelm ave. w. P.O. Box 479 Yelm WA 98597 Gary 204 So. 348`h ST. Suite 2 Federal Way WA. 98003 tuu~ ~; I ZION P ~_: ~, ,.: t.1 I am researching the landscaped buffer areas at Hawks Landing and have found very little information regarding the original landscaping plans and specifications. l could not find any reference to a buffer zone on the final plat map or in the paperwork we received from the developer. The CC8~R's do not refer to buffer areas, rather the common areas defined as tracts A, B, and C. At this point I could use some help from the city to darify the original landscape buffer requirement and any warranty that was required of the developer or subsequent property owners. I would appreciate any information mailed to our office. Inducted is a stamped netum envelope. Sincerely, Gregg Johnson Construction Manager ~~n ~W~ D~O ~~r~i r ~ ~ y ~ ~ (D ~ +~ v o m -~ Z ~ -~ v ~ 2 ~ 3~ D~~ ~~ ~~ o ,_~ om W N .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement Waiver of Protest and Special Power of Attorney (LID/LTLID/Latecomer) 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dan Bruno, President, Heritage Homes and Land, Inc. 2. Hawks Landing Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE 1/a of the NE 1/a, SW 1/4 of the NE'/a & NW 1/a of the NE 1/a of Section 25, Township 17 N, Range 1 E., W.M., City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 21725111000, 21725120000, and 21725120100 I~~WIN~INIMInIII~IhMYI~NINIaINV"~:em'~.Po IIII~NIIIVIIIInIIIIVMIIIIIIIIIIIIIIIRIIIINIVI~'':°~w';• AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) THIS INSTRUMENT is entered into this ~ day of ~~t. , 20(x, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners. NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows: 1. The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to CITY OF YELM G:\Community Development\Forms & ProceduresWgreementWaiverProtest.doc Page 1 3511282 II 3511284 Page: 2 of 6 II Page: 2 of 6 III I II I III I I I ©3/1312©D3 11.39A I I I 0311 I 3J2 I ©D3 11 . I I 4mR II IIIII IIII I I AGR $24.©~ Thurston Co. Wa POA $1g.pp Thurston Co. Wa, the conditions set forth hereinafter. 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: Sanitary sewer system improvements; Water system improvements; _~ Storm water system improvements; .x, Street improvements; ~_ Street lighting improvements; ~_ Sidewalk improvements; which improvements are more specifically described as follows: 3. The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULID or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right to object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved. 4. The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described hereinabove, to accomplish the following: At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described hereinabove, to execute a Petition on behalf of the OWNER for the creation of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated. This Special Power of CITY OF YELM G:\Community Development\Forms & Procedures\AgreementWaiverProtest.doc Page 2 3511282 I 3511284 03913/2003 61:398 I Page: 3 of 6 0 II I 3! 131 II II 2003 1 IIII I 1 .40 II I A II RGR $24.00 Thurston Co. Wa p0p $19.00 Thurston Co. Wa Attorney shall not be affected by the disability of the OWNER. 5. If the OWNER fails to perform in good faith in accordance with this Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies. !~' ~ l-1Gm~s ~ L~,v.=, .cam. 6. The OWNER hereby declares that bn _ ^ ~c is/are the sole owner(s) of the property described erein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. 7. This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof. For purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective. IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first hereinabove written. CITY F,YELM City dministr r STATE OF WASHINGTON ss. COUNTY OF'~~,r~,~,~.~ ) On this; day of ~`~~, 20{~, personally appeared before me ~~ a~ 1.~,~V~(J, to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that ~ signed the same as _ free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and_QUx~es herein mentioned. ~N ~ ~ / ,:~~~ / ~, ~~ 1~~Y ~ Notary Public in and for the State ` ;/ ashington, resi ing at ~;~r~ . ~_,,,~ My commission expires: CITY OF YELM G:\Community Development\Forms & Procedures\AgreementWaiverProtest.doc Page 3 3511282 II II 3511284 I 03913/2003 61:398 03913/2003 61:408 RGR $24.00 Thurston Co. Wa POR $19.00 Thurston Co, Wa 02103/2003 10:47 2538450048 RIIPINEN SURVEYING EXHIBIT "Au PARCEL NO. 217251 PARCEL A OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 0526 AS RECORDED UNDER AUDITOR'S FILE NO.8712180045 IN VOLUME 8 OF BLA'S, PAGES 231 THRU 236, RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL N0.21725120100 PARCEL C OF CITY OF YELM ~UNDARY UNE ADJUSTMENT NO. 8144 AS RECORDED UNDER AUDITOR'S FILE NO. 9505220008 iN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON, R 1 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 0526 AS RECORDED UNDER AUDITOR'S FILE NO. 8712180045 IN VOLUME 6 OF BLA'S, PAGES 231 THRU 238, RECORDS OF TNURSTON COUNTY, WASHINGTON. IIIIINIINIIIInIIIRIIIIII~INIRIIIIINIIII~'?:'A';°.,.~ INNIIIAIIIIIIVIIInIIIIIIRIIIIIIIIYIIIItlllll PAGE 01 3511284 Page: 5 of 6 03/13/20D3 11:408 Thurston Co. Wa Exhibit "B" The bonded road improvements for SR 507 adjacent to the Plat of Hawks Landing developed by Heritage Homes and Land, Inc. shall include the following: 1. Widening the asphalt roadway to include one 12' asphalt center turn lane for the length of the above referenced project. 2. The addition of a right turn lane entering the subdivision from the west. 3. The addition of concrete curb and gutter running the length of the subdivisions frontage of SR 507. 4. All required connections to the existing storm drainage system located within the project. 5. All associated roadway stripping and channelization required to complete the widening per WSDOT and City of Yelm requirements. 6. All required materials, equipment and tools to complete the above referenced project. 7. Any additional fees and inspection costs associated with WSDOT involvement and inspection of this project. IIRIIIIIIIIIIIIIIIII~III~IIIIIIIIIIIIINIIIIIIII~~:°~o;°,~ IN~V~IV~VN~I~IVIVtlI~IIII~II~INIa'"°~N°,m insc Pico C~G°~OMp SUBDIVISION PERFORMANCE BOND Bond No. 5701595 KNOW ALL MEN BY THESE PRESENTS: THAT we, Heritage Homes and Land, Inc., as Principal, and Developers Surety and Indemnity Company, a corporation organized and doing business under and by virtue of the laws of the State of Iowa and duly licensed to conduct surety business in the State of Washington, as Surety, are held and firmly bound unto the City of Yelm, as Obligee, in the sum of Eighty Two Thousand Five 11;11'.~._el.t ~.L <. it ~/ r~VC an.l JL' 1v0~h~ ~y~L-, .J 'C: .l ~l lij LJ1i'.~LrJ Lllr VJnl. l.il payment, well and truly to be made, we bind ourselves, our heirs, executors and successors, jointly and severally firmly by these presents. THE CONDITION OF THE OBLIGATION IS SUCH THAT: WHEREAS, the above named Principal entered into an agreement or agreements with said Obligee to complete various plat improvements per attached Exhibit "A" for the plat of Hawks Landing. NOW, THEREFORE, the condition of this obligation is such, that if the above Principal shall well and truly perform said agreement or agreements during the original term thereof, or any extension of said term that may be granted by the Obligee with or without notice to the Surety, and upon receipt of a written discharge from the Obligee, then this obligation shall be void, otherwise to remain in full force and effect. ~;`: Y1T:Ve.J/ TrvHEr~F.VF, to Sea arld S1gT1c1LUre Of Sa1C1 rrincipal 1S hereto affixed and the corporate seal and the name of the said Surety is hereto affixed and attested by its duly authorized Attorney-in-Fact this 27th day of February, 2003. Developers Surety Heritage/~iomes~ ans~.~and, Inc. and Indemnity Compan J ke W. Murphree, Attorney-in-Fact Insco Insurance Services, Inc. 9725 Third Avenue NE • Suite 602 • Seattle, WA 98115 • (206) 525-8201 • (800) 522-8201 • Fax (206) 525-8288 • http://www.InscoDico.com Underwriting Manager for: Developers Surety and Indemnity Company • Indemnity Company of California Exhibit "A" Road Improvements for Highway 507 Adjacent to Hawks Landing subdivision developed by Heritage Homes and Land, Inc. Road Prep $ 5,980 Curb Prep $ 1,600 Road Gravel $ 6,657 Curb Gravel $ 1,040 Storm $ 4,500 Sidewalk $ 1,600 Curb $ 6,528 Paving $24,638 Hydroseed $ 1,000 Stripping 1 500 Subtotal $55,043 x 150% Performance Bond $82,565 POWER OF ATTORNEY FOR DEVELOPERS SURETY AND INDEMNITY COMPANY INDEMNITY COMPANY OF CALIFORNIA PO BOX 19725, IRVINE, CA 92623 • (949) 263-330(1 KNOW ALL MEN BY THESE PRESENTS, that except as expressly limited, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, do each, hereby make, constitute and appoint: ***Jake W. Murphree, Karen L. Staffanson, Mary J. Thomas, Kenneth D. Thompson, jointly or severally*** as their true and lawful Attorney(s)-in-Fact, to make, execute, deliver and acknowledge, for and on behalf of said corporations, as sureties, bonds, undertakings and contracts of suretyship giving and granting unto said Attorney(s)-in-Fact full power and authority to do and to perform every act necessary, requisite or proper to be done in connection therewith as each of said corporations could do, but reserving to each of said corporations full power of substitution and revocation, and all of the acts of said Attorney(s)-in-Fact, pursuant to these presents, are hereby ratified and confirmed. This Power of Attorney is granted and is signed by facsimile under and by authority of the following resolutions adopted by the respective Board of Directors of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, effective as of November 1, 2000: RESOLVED, that the Chairman of the Board, the President and any Vice President of the corporation be, and that each of them hereby is, authorized to execute Powers of Attorney, qualifying the attorney(s) named in the Powers of Attorney to execute, on behalf of the corporations, bonds, undertakings and contracts of suretyship; and that the Secretary or any Assistant Secretary of the corporations be, and each of them hereby is, authorized to attest the execution of any such Power of Attorney; RESOLVED, FURTHER, that the signatures of such officers may be affixed to any such Power of Attorney or to any certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures shall he valid and binding upon the corporation when so affixed and in the future with respect to any bond, undertaking or contract of suretyship to which it is anached. IN WITNESS WHEREOF, DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA have severally caused these presents to be signed by their respective Executive Vice President and attested by their respective Secretary this 8'~' day of January, 2002. --~ By: .,°~~'~„AND ~%yo.,., MP AN V ., David H. Rhodes, Executive Vice President •'' ''' c~hJe,`ORPORgTF~~y: ~G pPPOR. ~ w .' OCT. ` < =a? 10 ne _ti V Z ? OCT. 5 ~ r% By: ;oj ~; 1 9 3 6 ::3 wo 1967 ~ Walter A. Crowell, Secretary ,~7~, ~OwP••'*~aa~ 0 ~ gCIFOR` ,....*•...~ STATE OF CALIFORNIA ) )SS. COUNTY OF ORANGE ) On January 8, 2002, before me, Antonio Alvarado, personally appeared David H. Rhodes and Walter A. Crowell, personally known to me (or proved to me on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacities, and that by their signatures on the instrument the entity upon behalf of which the ners~ns acted. executed the instn~ment. WITNESS my hand and official seal. Si~~nuure ~~~^~"'- ~~ CERTIFICATE ANTONIO ALVARADO p ; ~ COMM. # 1300303 ~ Notary Public -California ~ i ORANGE COUNTY d My Comm. Expires APRIL 10, 2005 The undersigned, as Chief Operating Officer of DEVELOPERS SURETY AND INDEMNITY COMPANY and INDEMNITY COMPANY OF CALIFORNIA, does hereby certify that the foregoing Power of Attorney remains in full force and has not been revoked, and furthermore, that the provisions of the resolutions of the respective Boards of Directors of said corporations set forth in the Power of Attorney, are in force as of the date of this Certificate. This Certificate is executed in the City of Irvine, California, the a7~ day of ~ ~_~ ~._ _ ,~ By ~~ David G. Lane, Chief Operating Officer ID-1380(07/02) eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Storm Drainage Maintenance Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dan Bruno, President, Heritage Homes and Land, Inc. 2. Hawks Landing Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE 1/a of the NE 1/a, SW 1/a of the NE I/4 & NW I/a of the NE 1/a of Section 25, Township 17 N, Range 1 E., W.M., City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 21725111000, 21725120000, and 21725120100 II 3511285 I Page: 1 of 9 II III II I II I I I II I I II I II I I I II H I ER I ID IT I 3! AGE I 13/2 HOMES qND LAND. INCgGR 0D3 17,428 $27 pD Thurston Co Wa After Recording Return to: DAN BRUNO P.O.BOX 1269 EATONVILLE, WA. 98328 FORMATION OF HOMEOWNER'S ASSOCIATION AND STORM DRAINAGE MAINTENANCE AGREEMENT Grantor: M.J. INC. AND HERITAGE HOMES AND LAND Grantee: M.J. INC. AND HERITAGE HOMES AND LAND Reference Number(s) of Documents Assigned or Released: Legal Description (abbreviated) PARCELS A AND C OF YELM B.L.A. #0526 RECORDED UNDER THURSTON COUNTY A.F.N. 8712160045. AND PARCEL "C" OF YELM BLA #8144 RECORDED UNDER THURSTON COUNTY A.F.N. 9505220009. Complete Legal is on Exhibit "A" of Document. Assessor's Tax Parcel No.: 2172512000, 21725120100, 2 1725 1 1 1000. THIS STORM DRAINAGE POND AGREEMENT is entered this ~ day of %~ ,20 b 3 by M.J. INC. AND HERITAGE HOME AND LAND (hereinafter referred to as M.J. AND HERITAGE) RECITALS 1. That M.J. AND HERITAGE (are)( is) the owner of certain real property situated in Yelm, Washington, the legal description of which is set forth on Exhibit "A" attached hereto. 2. That M.J. AND HERITAGE (are)(is} platting said property and as a condition for the approval of said plat it is necessary that there be recorded against the above referenced property a Stonn Drainage Pond Agreement which are set forth herein. 3. That the purpose of this Agreement shall be to provide adequate funds for the repair and maintenance of the Storm Drainage Ponds described below for the continued use and benefit Page 1 Storm Drainage Maintenance Agreement 3511285 Page: 2 of 9 I 03/13/2003 11:42R II II III II I II I II IIII IIIII II II III II I HERITRGE HOMES RND LRND. INCRGR $27.00 Thurston Co. Wa. of the owners as defined herein and to provide adequate funds for the maintenance of the storm drainage ponds which is being provided for the benefit of each lot within the 4. HAWKS LANDING Plat. This Agreement touches and concerns the land and shall run with the land for as long as the storm drainage ponds are used to serve one or more of the lots created as a result of the plat of the above referenced property hereinafter referred to as the " HAWKS LANDING Plat." NOW, THEREFORE. For good and valuable consideration, the undersigned does hereby declare and state as follows: 1. DEFINITIONS A. OWNERS. The term "owner" shall mean any person holding Beneficial interest in a lot created as a result of the platting of the property described in Exhibit "A" or any subdivision thereof by deed, real estate contract or other instrument evidencing ownership of the lot. B. PONDS. The term "ponds" as it appears in the Agreement shall be all storm drainage ponds defined in and as shown on plat of the property described in Exhibit "A" attached hereto. Said ponds are identified on said plat as TRACTS A.B.& E C. PARCELS OF PROPERTY AFFECTS. The parcels of property or lots which will be affected by this Agreement are defined as Lots 1~0 of the HAWKS LANDING Plat which is composed of the real property described on Exhibit "A" attached hereto and which is situated in Pierce County, Washington. II. FORMATION OF HOMEOWNER'S ASSOCIATION I. CREATION OF HOMEOWNER'S ASSOCIATION. The parties hereby establish HAWK LANDING -Homeowner's Association, an unincorporated association. The membership of the Association shall consist of one class of Members, being any individual who is the owner of a residential unit with the HAWKS LANDING Plat filed the ~'~ day Page 2 Storm Drainage Maintenance Agreement 3511285 I 03913/2003 91:42A I I I I HERITAGE HOMES AND LAND. INCAGR $27.00 Thurston Co. Wa of ~M u.~7 ~ 20 r~, and recorded under Thurston County Auditor's recording number ~~ ~~ c~~' ~ At any meeting of the membership of the Association, each member so present shall be entitled to one vote, with a maximum of one vote, with a maximwn of one vote for each residential unit. The business and property of the Association shall be managed by a Managing Member elected by the members of the Association, The Association is free to create by-laws, covenants, and restrictions that further the best interest of the Association upon approval of a majority of the Association members. a. ASSOCIATION. The term "Association" shall mean the HAWKS LANDING Homeowner's Association. 2. MEMBERS. The term "Members" shall mean any person holding beneficiary interest in a lot scribed above or any subdivision thereof whether by deed, real estate contract, or other instrument evidencing the ownership of a lot. IV. STORM DRAINAGE MAINTENANCE AGREEMENT 1. Purpose. The purpose of this storm maintenance agreement is to provide adequate funds for the repair and maintenance of the drainage ponds described below for the continued use and benefit of the members of the Association. This agreement touches and concerns the land and shall run with the land for as long as the ponds described below are used to serve one or more of the lots described above. 2. Maintenance of Drainage Pond. The parties hereby agree that the drainage ponds describe HAWKS LANDING Plat, recorded under Thurston County Auditor's Recording Number ~ ~~ ~ ~ ,~ [~ ( shall be maintained in perpetuity within its present boundary or within such boundaries as may be agreed to by all parties hereto and/or their successors and assigns. The drainage ponds shall be maintained as may be reasonable and necessary in order that all parties may enjoy full and free use of the parcels of real property affected hereby. Page 3 Storm Drainage Maintenance Agreement 3511285 Page: 4 of 9 03!13/2003 11:428 HERITRGE HOMES RND LAND, INCAGR $27.00 Thurston Co. Wa. 3. Standards of Maintenance. The drainage ponds shall be maintained in a safe condition consistent with Yelm standards for storm drainage ponds.. Where any question exists as to the standards to be applied, the Members may obtain a recommendation from a licensed professional engineer whose written recommendations may be followed in lieu of the standards identified above. 4. Management of Maintenance. The management and enforcement of this agreement shall be the obligation of the Association. The Managing Member of the Association shall order, manage, oversee and pay for all regular and periodic maintenance and/or repair work for all regular and periodic maintenance and/or repair work to the storm drainage ponds hereunder. The funds for such work shall be paid form the dues and assessments levied by the Association by the authority granted in this document or any recorded amendment or supplement thereto. The Managing Member shall be authorized to open and maintain bank accounts and engage the services of licensed professionals to assist in the administration of this agreement. In the event funds are not paid when due, the Managing Member may maintain an action to collect the funds it shall be entitled to costs and a reasonable attorney's fee upon recovery. 5. Costs of Maintenance of Drainage ponds: Lien for Failure to Pav. The cost of maintaining the drainage system described in the HAWKS LANDING Plat shall be borne in equal shares by the ownership of each parcel of real property affected hereby. The owner of each lot shall pay the sum $50.00 per year to cover all the program share of normal drainage pond maintenance expenses. In the event any parry fails to pay within thirty (30) days of receiving a bill for their portion of the expense, then the Association may file a lien on behalf of all paid up participants herein. The lien shall be against the property of the non-paying party and foreclosable in the manner provided by law. The unpaid balance shall bear interest at the statutory legal rate until paid and the non-paying party shall be liable for actual costs and reasonable attorney's fees expended in any collection action including, but not limited to, the foreclosure of the lien. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage unless the holder of such Page 4 Storm Drainage Maintenance Agreement 3511285 Page: 5 of 9 ©3113!2003 11:428 HERITRGE HOMES RND LAND• INCAGR $27.00 Thurston Co. Wa. first mortgage is a prior owner of the mortgaged property who incurred the debt and/or lien. Sale or transfer of any lot shall not affect the assessments as to payments thereof, which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof. The word "mortgage" shall include a "deed of trust". 6. Order for Extra Work -Procedure. In the event that an owner of real property affected hereby shall desire to have extra or additional maintenance work done on the drainage ponds at common expense he/she shall circulate a written notice by certified mail explaining the nature of the work desired and the expected cost. thereof among the ownership of the affected parcels and to the Association. If, after the expiration of ten (LO) days from the date of receipt of said notice by all property owners affected, no objection to such work has been received in writing by the initiator of the notice, such work may be ordered by the Association and payment therefore shall be made in accordance with Paragraph ~ above. Provided that., if the work requested and performed under this paragraph is work in addition to the normal drainage system maintenance. The Association may levy an additional charge for such work and require all such parties pay their share in advance, before the work is ordered. 7. Extraordinary Use -Costs. In the event that an owner of properties affected hereby should, by their use of the drainage ponds, cause it to be subjected to other than reasonable wear and tear and should such drainage system be damaged by such use, that user shall have the obligation to repair such damage upon demand by the Association and to restore said drainage ponds to the condition existent. prior to such use and all expenses therefore shall be borne by such individual(s). 8. Enforcement. In the event that one or more of the owners fail to pay their share of work done on the drainage ponds, pursuant to the provisions of this Agreement, the Association may bring action against said owner or owners to enforce the provisions of this Agreement. The prevailing parties are entitled to all costs incurred in bringing an action for enforcement, including attorney fees incurred, and including consultation preceding legal action. Page 5 Storni Drainage Maintenance Agreement 3511285 Page: 6 of 9 03/13!2003 11:428 HERITAGE HOMES AND LAND. INCAGR $27.00 Thurston Co. Wa 9. Benefit of Covenant. The right and obligations set forth herein shall inwe to and be binding upon the heirs, successors or assigns of the parties hereto and shall constitute a covenant running with the parcels of real estate affected hereby. 10. Failure to Maintain. In the event the Association, in the judgment of Ciry of Yelm, fails to maintain drainage facilities within the HAWKS LANDING Plat, or if the Association or successors willfully or accidentally reduce the capacity of the drainage ponds or render any part of the drainage ponds unusable, the Association or successors agree to the following remedy: after 30 days notice by registered mail to the Association or successors, City of Yelm will assess financial sanctions, and/or initiate enforcement proceedings. In the event City of Yelm determines the lack of maintenance has resulted in a situation of imminent danger to life, limb or property, City of Yelm will correct the problem as necessary to restore the full design capacity of the drainage ponds. In this event, City of Yelm will bill the owners of the facility for all costs associated with such work to include engineering, administration, legal fees, construction, equipment, and personnel. Costs or fees incurred by City of Yelm, including attorney's fees and expert fees should legal action be required to collect such payments, shall be borne by the Association or successors. Page 6 Storm Drainage Maintenance Agreement I 3511285 I Page: 7 of 9 III I I I II III II III I II I II I I I 0 3! I 1 III 31 II 2 II 00 I 3 II , HERITRGE HOMES RND LgND, INCgGR ~ 42R $27 00 Thurston Co Wa IN WITNESS WHEREOF, said parties hereto have caused this instrument to be executed This .3 I i day of JAI y,'~p ''~ By. STATE OF WASHINGTON 20 ~`' ~ ~i' ss. COUNTY OF ~/Each ) On this `3 I ~ day of ..~An( v.~{'Y' 20 C .S before me, undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DAnI t3 JZ 4%N G% to me known to be the ~'2 E~ i l7F.v %. f l E/d l TA ~ F /-/stir E 5 ~1,v1~ t-AN ~~ / /v L - ,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and an oath stated that he is authorized to execute the said instrument. WITN~~S~ frnyrln~d ~nd official seal hereto affixed the day and year first above written. ~ -_ ,`°°~~ ~~~~ ~ , i~ = Printed Name J ~ .M Es ~~_ ~ 1~A a ~ ~' E' "~ ._ ~d ®ARY = ~1 _ NOTARY PUBLIC in and for the State of Washington, °~ ~ ` ~~ = residing at ~'v ~",Q c. c- G',~ P U B L~ C ;~ ,'~ ~ My Commission expires: P r `'~ - c' -4 '~~'~, •, 1.19 - .~` .~~ ~'y11111ffff, STATE OF WASHINGTON ) ss. COUNTY OF !7~tKCt= ) On this 3 t 3' day of ~ ~ "~ ~A ~ ``'r' 20 G j before me, undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ..1 ~ ~ oil A ~ l.i to me known to be the r r E 5 rD.~~v i ; il/t ' j ~ >\(L ,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and an oath stated that he is authorized to execute the said ~$tpt. W~~S r~A~y~nd official seal hereto affixed the day and year first above written. o~ ~~ ~~ _ P nted Name J,rl•~r E~ !-(- ~1~A v7i~,~c° 4 -~ ? U~~TA RYs = t~ e NOTARY PUBLIC in and for the State of Washington, "°~ ® ~ -~ ~ residing at ~"v '~!~ ~ ~- ~'f' = ~ :~ P U B L I C ~; ~~ ~ My Commission expires: (- 1 ~ - U =~ '~' -.,7.19 - .~`~ ~'' ~` ~~ j ~~~tlftll ~~, ~~p`a zz~'dj'111 7 f t f r'~~ Page 7 Storm Drainage Maintenance Agreement 3511285 II 103913!2003 91:428 II II II I II I HERITRGE HOMES AND LRND, INCgGR 527.00 Thurston Co. Wa. EXHIBIT "A" Legal Description of HAWKS LANDING Plat Property PARCEL N0.21725120000 PARCEL A OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO 0526 AS RECORDED UNDER AUDITOR'S FILE NO. 8712160045 IN VOLUME 6 OF BLA'S, PAGES 231 THRU 236_ RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL NO. 21725120100 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 8144 AS RECORDED UNDER AUDITOR'S FILE NO 9505220009 IN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL NO. 21725111000 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 0526 AS RECORDED UNDER AUDITOR'S FILE NO. 8712160045 IN VOLUME 6 OF BLA'S, PAGES 231 THRU 236, RECORDS OF THURSTON COUNTY, WASHINGTON. Page 8 Storm Drainage Maintenance Agreement I I P 9e1 98of 9 I I 03!1312003 11.42q HERITRGE HOMES qND LRND. INCgGR $27.00 Thurston Co. Wa. 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. Dan Bruno, President, Heritage Homes and Land, Inc. 2. Hawks Landing Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE 1/4 of the NE 1/a, SW 1/a of the NE 1/a & NW 1/a of the NE 1/a of Section 25, Township 17 N, Range 1 E., W.M., City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 21725111000, 21725120000, and 21725120100 CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 SECOND PLAT CERTIFICATE Order No.: 2019187 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our 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: HERITAGE HOMES AND LAND, INC., A WASHINGTON CORPORATION AND M.J. INC., A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $ 2 0 0 .0 0 TAX: $16.80 Records examined to FEBRUARY 2 6, 2 0 0 3 at 8: 0 0 AM ) J~ By ~~~. , ,~ :~ MARK A KARJALAHTI Title Officer (360)456-7878 I~INNI~NI~IIIIIIYIIIIIIIIIII~IIII~NIIIIII°'~;"0; ,. CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2019187 LEGAL DESCRIPTION PARCEL A: PARCELS A AND C OF BOUNDARY LINE ADJUSTMENT NO. BLA-0526 AS RECORDED DECEMBER 16, 1987 UNDER AUDITOR'S FILE NO. 8712160045; IN THURSTON COUNTY, WASHINGTON PARCEL B: PARCEL C OF BOUNDARY LINE ADJUSTMENT NO. BLA-8144, RECORDED MAY 22, 1995 UNDER AUDITOR'S FILE NO. 9505220008 AND AS DELINEATED ON MAP RECORDED UNDER AUDITOR'S FILE NO. 9505220009; IN THURSTON COUNTY, WASHINGTON PARCEL C: AN EASEMENT APPURTENANT TO PARCEL B OF LEGAL DESCRIPTION HEREIN FOR PRIVATE ROAD AND UTILITIES AS DELINEATED ON THE MAP OF BOUNDARY LINE ADJUSTMENT NO. BLA-8144, RECORDED UNDER AUDITOR'S FILE NO. 9505220009. IN THURSTON COUNTY, WASHINGTON i~iii~iiiu~inuWiii~u~~n~~uu~uu ~~':~e .:. PLATCRTL/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2019187 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). PLATCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 EXCEPTIONS a 1. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2001 $ 1,643.40 $ .00 $ 1,643.40, PLUS INTEREST AND PENALTY 21725120000 170 $ 36,000.00 $ 92,300.00 a AFFECTS: PARCEL A OF BLA-0526 c 2. DELINQUENT GENERAL TAXES: YEAR: 2001 AMOUNT BILLED: $ 667.27 AMOUNT PAID: $ .00 AMOUNT DUE: $ 667.27, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 21725111000 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 50,700.00 ASSESSED VALUE-IMPROVEMENTS: $ .00 3511260 n AFFECTS: PARCEL C OF BLA-0526 I I I Page: 5 of 11 I II I I I I I I I I I I 03113/203 11:27A p~ $29 00 Thurston Co. Wa a 3. DELINQUENT GENERAL TAXES: YEAR: 2001 AMOUNT BILLED: $ 932.53 AMOUNT PAID: $ .00 AMOUNT DUE: $ 932.53, PLUS INTEREST AND PENALTY TAX ACCOUNT NUMBER: 21725120100 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 54,300.00 ASSESSED VALUE-IMPROVEMENTS: $ 4,700.00 F AFFECTS: PARCEL C OF BLA-8144 c 4. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF PLATCRTBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): H r YEAR: 2002 TAX ACCOUNT NUMBER: 21725120000 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 36,000.00 ASSESSED VALUE-IMPROVEMENTS: $ 92,300.00 GENERAL & SPECIAL TAXES: BILLED: $ 1,716.64 PAID: $ .00 UNPAID: $ 1,716.64 AFFECTS: PARCEL A OF BLA-0526 5. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS GENERAL & SPECIAL TAXES: AFFECTS: PARCEL C OF BLA-0526 2002 21725111000 170 $ 50,700.00 $ .00 BILLED: $ 678.71 PAID: $ .00 UNPAID: $ 678.71 6. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2002 TAX ACCOUNT NUMBER: 21725120100 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 54,300.00 ASSESSED VALUE-IMPROVEMENTS: $ 4,700.00 GENERAL & SPECIAL TAXES: BILLED: $ 803.88 PAID: $ .00 UNPAID: $ 803.88 AFFECTS: PARCEL C OF BLA-8144 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 AD AE AF 7. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2003 TAX ACCOUNT NUMBER: 21725120000 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 58,550.00 ASSESSED VALUE-IMPROVEMENTS: $ 104,100.00 GENERAL & SPECIAL TAXES: BILLED: $ 2,146.84 PAID: $ .00 UNPAID: $ 2,146.84 AFFECTS: PARCEL A OF BLA-0526 8. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2003 TAX ACCOUNT NUMBER: 21725111000 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 54,500.00 ASSESSED VALUE-IMPROVEMENTS: $ .00 GENERAL & SPECIAL TAXES: BILLED: $ 720.92 PAID: $ .00 UNPAID: $ 720.92 AFFECTS: PARCEL C OF BLA-0526 9. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2003 TAX ACCOUNT NUMBER: 21725120100 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 67,300.00 ASSESSED VALUE-IMPROVEMENTS: $ 3,200.00 GENERAL & SPECIAL TAXES: BILLED: $ 945.63 PAID: $ .00 UNPAID: $ 945.63 AFFECTS: PARCEL C OF BLA-8144 IIINAIY~IIVIIIIIIIMINIIIIIIIIIIIIAIIIIIIIII ~~:';~~:,., CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 AH 10. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE N0: $ 40,000.00 CITY OF YELM WASTEWATER REUSE PROJECT 607 21725120000 3176833 Ar AFFECTS: PARCEL A OF BLA-0526 AJ 11. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE NO.: $ 40,000.00 CITY OF YELM WASTEWATER REUSE PROJECT 607 21725111000 3176833 Ax AFFECTS: PARCEL C OF BLA-0526 AL 12. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE NO.: $ 40,000.00 CITY OF YELM WASTEWATER REUSE PROJECT 607 21725120100 3176833 AM AFFECTS: PARCEL C OF BLA-8144 AN 13. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE NO.: $ 6,998.77 CITY OF YELM WATERMAIN LATECOMERS 650 21725120100 3212775 ~uuiu~un~~iu~mn~~yu~~u 5-.fie.:o CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 Ao AFFECTS: PARCEL C OF BLA-8144 AP 14. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE NO.: $ 6,720.42 CITY OF YELM WATERMAIN 650 21725120000 3212775 AQ AFFECTS: PARCEL A OF BLA-0526 AR 15. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE NO.: $ 6,015.48 CITY OF YELM LATECOMERS SEWER 649 21725120100 3212776 As AFFECTS: PARCEL C OF BLA-8144 AT 16. ASSESSMENT: AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER: AUDITOR'S FILE NO.: $ 5,782.84 CITY OF YELM LATECOMERS SEWER 649 21725120000 3212776 Au AFFECTS: PARCEL A OF BLA-0526 s 17. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: HERITAGE HOMES & LAND AND MJ, INC, A WASHINGTON CORPORATION TRUSTEE: CHARTER TITLE CORPORATION 3511260 I ©39e3/2003 11:278 PC $29.00 Thurston Co. Wa CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: FIRST COMMUNITY BANK $ 1,695,000.00 JANUARY 17, 2001 JANUARY 19, 2001 3332212 NONE SHOWN 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. x 18. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: MAY 26, 1926 AND JUNE 18, 1926 RECORDING NUMBER: 167014 AND 167933 AFFECTS: SAID PREMISES AND OTHER PROPERTY s 19. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO. BLA-0526, RECORDED UNDER RECORDING NUMBER 8712160045. z AFFECTS: PARCEL A v 20. RESTRICTIONS LIMITING THE USE OF PORTIONS OF THE PROPERTY LYING WITHIN CERTAIN DISTANCES OF A WATER WELL AND/OR REGULATING THE LOCATION OF A WATER WELL, RECORDED UNDER RECORDING NUMBER 8810240003 AND 8801240004. v 21. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO RECORDED: NOVEMBER 16, 1988 RECORDING NUMBER: 8811160071 AFFECTS: PORTION OF PARCEL B w 22. COVENANTS, CONDITIONS AND RESTRICTIONS CONTAINED IN INSTRUMENT: RECORDED: RECORDING NUMBER: JANUARY 12, 1994 9401120141 IVI~I~N~uII~~II~I~I~NIMh~I,NIhN""~° ,_ _ CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2019187 x AFFECTS: PARCEL B r 23. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT N0. BLA-8144, RECORDED UNDER RECORDING NUMBER 9505220008 AND 9505220009. z 24. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: YELM COMMUNITY SCHOOLS DISTRICT NO. 2 AND: HERITAGE HOMES AND LAND, INC. RECORDED: FEBRUARY 7, 2002 RECORDING NUMBER: 3411061 REGARDING: SCHOOL MITIGATION AND COSTS RELATED THERETO Ac PARTIAL RELEASE RECORDED UNDER AUDITOR'S FILE NO. 3480320; A RE-RECORDING OF 3477544. AC MK/MK PLATCRB2/RDA/0999 eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dan Bruno, President, Heritage Homes and Land, Inc. 2. Hawks Landing Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE'/a of the NE'/.~, SW'/a of the NE'/a & NW'/:~ of the NE 1/~ of Section 25, Township 17 N, Range 1 E., W.M., City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 21725111000, 21725120000, and 21725120100 iiiiiuuiiihiiiiiiuuiiiiiiiNiuiiiiumiipgiu~i°e°~e v WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS /~~e~~~~ ~v,1,~s~ U~ (hereinafter refereed to as the "Owner"), has applied to the'City of YeIrS~, 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 1~~tW, ~J%~ , a copy of which plat is attached hereto and made a part hereof as "Ex ibit.A", on which said plat are shown areas offered by the Owner to be dedicated to pudic 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 i~~iiiiu~~iiiiiiiiii~u~~u~~uupigii~~iiiipgp~e5~~;;a`ob ., ..._. ~~ 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 STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this day of I~`1c~~C~;~ , 20~~.3 ,before me, the undersigned, a Notary Public in and for the State of Washington, duly ,~ commissioned and sworn, personally appeared '1~•Y-,'~~- ,~,r~ ~ that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and ed ,for the ses and purposes therein mentioned, and on oath stated that~he/they a's (were) authorized to execute the said instrument. Witness my hand and o icial seal hereto affixed the day and year first above written. ~~Yd Given under my hand and seal this _~ day of `tea ,~~~,(,~ , 20~. ~...~~~ '~„ ~~ERR ~>,, ~~~~A~~~~o~~~ /~'~~~'~ Nota Public in and for the // / ~~ rY ;~o~~,`JCARy ~,°: Ei ~ to of Washington, residing in ~ : v °°~ ~ sA ~,'• ~~"~ ~ My commission expires: c~? ~r ~;~ u~ih~~u~uiiNUiiiuiiiu~NU~~giu~~iiiqNUUo~-;,=mo.. ,.,, eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer and Water System Reference Number(s) of Documents assigned or released: (on page ~.____ of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dan Bruno, President, Heritage Homes and Land, Inc. 2. Hawks Landing Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE I/4 of the NE I/4, SW'/4 of the NE 1/a & NW 1/4 of the NE'/a of Section 25, Township 17 N, Range 1 E., W.M., City of Yelm, Thurston County, Washington Assessor's Property Tax Parcel/Account Number: 21725111000, 21725120000, and 21725120100 IIIIIIIIIIIIIINnllllllulllllllhlllllplllllllllllll a'~':;'~~: BILL OF SALE (CORPORATE FORM) THIS BILL OF SALE is made and executed this ~~ day of ~~~-. 20 by and between /fz2~ ~'r~IF /~C/7eS ~(,~t.'~ (CORPORATE NAME), hereinafter called the grantor, and the City of elm, a Mui icipal 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, water lines and related appurtenances lying within the following described easement area: s rr rr IN WITNESS WHEREOF, said corporation has caused this instrument to be. executed by its pr per officers and its corporate seal (if any) to be affixed this ~ day of ~-- 20~. f=2/ z ~1 s ~i~NU~ ~L~,'c ORPORATE N E) BY /n~~ (I tue~ BY (Signature) ITS (Title) IIIIIIIIIIIIIIIIUINIIIIIIIIIIIIIUIIIIIIIIIIIIIIIINI~'•'°ao „~ _ '.~' STATE OF WASHINGTON ) ~,~,) ss COUNTY OFT ~ On the ~..~D~~`' day of ~~ ~ 20~ before me, a Notary Public in and for the State of Washington, duly c¢~n ssioned and sworn, personally appeared to me known to be the (~1'101~ D~ 0 1/l~k- (TITLE(S)) of ~ 4JiA {coRPOR~TE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. ~~ WITNESS my hand and official seal the da and ye firs -above wri ten. Not blic in and the S ate o ashington, residi >.n ~i/?~,~n~nn r t ~q~; G.~~ System accepted this ~ 3 ~'t~ day of ~-~),i'~ Z~ , of Y Community Development Director f1ISC $22.00 3511278 Page: 3 of 4 03113/2003 11 36R Thurston Co Wa ~7'~'03i'~~7~3 10: ~l' '~538~15~7048 RIIPINEN SURVEYING PAGE dl ~CH161T "A" PARCEL NQ, 217251 PARCEL A OF CITY OF YELM BOUNDARY UNE ADJUSTMENT NO. 0526 AS RECORDED UNDER AUDITOR'S FILE N0.8712160045 IN VOLUME 8 OF BLA'S, PAGES 231 THRU 236, RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL N0.2172512010d PARCEL C OF CfTY OF YEi.M BOUNDARY LINE ADJUSTMENT NO.8144 AS RECORDED UNDER AUDITOR'S'~ILE NO. lD505220009 iN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON. R 1 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 0528 AS RECORDED UNDER AUDITOR'S FILE NO. 8712180045 iN VOLUME 6 OF BLA'S, RAGES 231 THRU 238, RECORDS OF THURSTON COUNTY, WASHINGTON_ iiiiiNiiuuNiiiuhNUiNiiunuiimiiiiuugiii o~;vo°:.w City Of Yelm Invoice No. CDD-03-079 Community Development Department INVOICE - - Customer Name Heritage Homes and Land Address P.O. Box 1296 City Eatonville Phone State WA ZIP 98328 Date 3/6/03 Order No. Hawks Landing Rep SUB-03-8333-YL FOB Qty Description Unit Price TOTAL 1 Invoice from E. Ture & Associates $750.00 $750.00 Final Plat Survey Review SubTotal $750.00 Payment Details Shipping & Handling $0.00 O Cash Taxes WA O Check Q TOTAL $750.00 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YOU E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360 458-2894 DATE FEB. 28, 2003 JOB NO. 2304 ATT:TAMI MERRIMAN CITY OF YELM P.O. BOX 479 YELM, WA. 98597 REVIEW OF THE PLAT OF HAWKS LANDING 10 HR @ $75.00 $750.00 TOTAL DUE _ $750.00 THANK YOU, ~~~~ ~ ~~ EDDIE M. TRUE P.L.S. PAYMENT DUE UPON RECEIPT OF STATEMENT. PLEASE PUT JOB NO. ON YOUR CHECK TO INSURE PROPER CREDIT TO YOUR ACCOUNT. City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Dan Bruno From: Tami Merrunan, Assistant Planner Date: March 13, 2003 Re: Refund and Articles of Incorporation Hi Dan: Included with this memo is a check in the amount of $250.00. It is a refund for the amount I overcharged you for your LID Segregation. Also, I have included your By-Laws and Articles of Incorporation for Hawks Landing. You will need to fill in the Plat recording numbers where marked, then record the Articles with the State of Washington. When you receive your Certificate back from the State, I will need a copy of the By-Laws, Articles and Certificate for our files. If you have any questions, please give me a call at (360) 458-8496. Sincerely, _ .-.~- ,~ ~%~c f Tami Merriman Assistant Planner G:\Community Development\Project Files\SUB Full Plat Subdivision\8333 Hawks Landing Final\memo art bylaws.doc ARTICLES OF INCORPORATION OF HAWKS LANDING HOMEOWNER'S ASSOCIATION A Washington Non-Profit Corporation Dan Bruno, being over the age of 18 years, and for the purpose of forming a nonprofit corporation under the Laws of the State of Washington, hereby certifies and adopts in duplicate the following Articles of Incorporation: ARTICLE I Name and Period of Duration The name of this corporation shall be HAWKS LANDING HOMEOWNER'S ASSOCIATION and its existence shall be perpetual. ARTICLE II Purpose and Object The purpose and object of this corporation are to own property for the common benefit of the owners of property located within the plat of HAWKS LANDING as recorded under Thurston County Auditor's File No. The Association shall also have the purpose and object of operating, insuring, maintaining, repairing, replacing or improving any such property or improvements placed thereon and for the exercise of any right, duty or other function (including the establishment and collection through lien, if necessary, assessments as provided in the By-Laws of the corporation) as provided for said Association in the Declaration recorded under Thurston County Auditor's File No. ARTICLE III Registered Office and Agent The location and post office address of the initial registered office of the corporation in the State of Washington shall be PO Box 1269, Eatonville, WA 98328, and the initial registered agent of the corporation shall be Dan Bruno, PO Box 1269, Eatonville, WA. 98328. ARTICLE IV Membership The members of this corporation shall be the owners of Lots 1 through 60 or HAWKS LANDING as recorded under Thruston County Auditor's File No. together with the owners of lots on any additional property made subject to the Declaration referred to in Article II above. Membership shall be appurtenant to the Lot owned by such member and may not be transferred except by sale or transfer of the Lot itself. Each member of the Association shall have one vote for each Lot owned. If a lot be subdivided in compliance with law, the owner of each newly created parcel shall be entitled to membership and one vote for each parcel owned. If two or more lots are combined into one parcel in ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page 1 Hawks Landing. Articles\Icn compliance with law, the owners of the resulting parcel shall be entitled to only one membership and one vote. ARTICLE V Officers and Directors The number of directors of the corporation shall be fixed as provided by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. No contract or other transaction between the corporation and any other corporation and no acts of the corporation shall be in any way affected or invalidated by the fact that any of the directors or officers of the corporation are pecuniarily or otherwise interested in, or are directors or officers of, such other corporation, any director individually or any firm of which any director may be a member, may be a party to, or may be pecuniarily or otherwise interested in any contract or transaction of the corporation, provided that the fact that he or such firm is so interested shall be disclosed or shall have been known to the Board of Directors or such members thereof as shall be present at any meeting of the Board at which action upon any such contract or transaction shall be taken; and any director of such other corporation or who is so interested may be counted in determining the existence of a quorum at any meeting of the Board of Directors of the corporation which shall authorize any such contract or transaction, with like force and affect as if he were not such director or officer of such other corporation or not so interested. Any contract, transaction or act of the corporation or of the directors or of any committee which shall be ratified by a majority of a quorum of the members of the corporation at any annual meeting or at any special meeting called for such purpose, shall, insofar as permitted by law, be as valid and as binding as though ratified by every stockholder of the corporation. Except for acts or omissions that involve intentional misconduct, a knowing violation of law, or any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled, the corporation agrees to indemnify and save harmless any officer(s) or director(s) of the corporation against any and all liabilities, judgments, sums of money and expenses (including herein any and all amount or amounts paid in settlement) whether to the corporation, its members or others reasonably incurred by them or any of them in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether in law, equity, or otherwise, to which they or any of them may be a party, or may be threatened by reason of being or having been an officer or director of the corporation, or by reason of serving or having served at the request of the corporation as a director, trustee, employee; or agent of another corporation, partnership, joint venture, trust or other enterprise to the full extent permitted by the Laws of the State of Washington. The initial Board of Directors of the Corporation shall consist of one person. The name and address of the First Director of the corporation who shall hold office until the first annual meeting of the members, or until his successors shall have been elected and qualified, is as follows: NAME AND ADDRESS OF FIRST DIRECTOR Dan Bruno PO Box 1269 Eatonville, WA 98328 ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page 2 Hawks Landineg. Articles\len ARTICLE VI Incorporator The name and post office address of the Incorporator is Dan Bruno, PO Box 1269. Eatonville, WA 98328. ARTICLE VII Members' Meeting The annual meeting of the members of this corporation shall be fixed by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. Special meetings of the members of the corporation shall be set as provided in the By-Laws. Members may attend and vote in such meetings in person or by written proxy. ARTICLE VIII By Laws The authority to make, modify and repeal the By-Laws of the corporation is hereby expressly vested in the members of the corporation. Any such alteration, modification or repeal shall be approved by a majority of the members of the corporation. ARTICLE IX Dissolution In the event of Dissolution of the corporation, the net assets of the corporation are to be distributed to the members thereof in proportion to the number of votes held by each such number. //'/ WITN sS WHEREOF, the Incorporator has hereunto set his hand this of -~ 3 day 1, Dan Bruno, hereby consent to serve as Registered Agent, in the State of Washington, for the corporation herein named. I understand that as agent for the corporation, it will be my responsibility to receive Service of Process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the Office of the Secretary of State in the event of my resignation or of any change in the Registe~'y1 Office address of the corporation for which I am agent. ~ J ~ ~--~~ :3 ~ a3 DATE Dan •uno, Re ist~red Agent ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page 3 Flanks Landine. Articles\len STATE OF WASHINGTON ) ss. COUNTY OF THURSTON r On this ' ~' day of (X ~- 2003, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dan Bruno ,and who declared that he is the person who signed the foregoing Articles of Incorporation as the Incorporator, and acknowledge that the statements therein contained are true. WI~S MY HAND AND OFFICIAL SEAL at Yelm, Washington the day and year first above written. n r ~. ;. ~,js~~`r ~tv~'~: 'rl ,'y ~ ~~ ~ G r, ~._ _ ,a;~ r otary Pub is in and fort e "~.~BUC ~ S of Washington resi ing u~, ~~a - ~-° at ~ ~~,,. , ,7 ">' My Commission Expires: ~ e ~ ~ ~~ IK~ri ~~~~Y.~ ~o•„ •.. ARTICLES OF INCORPORATION HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page 4 Hawks Landing.Articles\len BY-LAWS OF HAWKS LANDING HOMEOWNER'S ASSOCIATION A WASHINGTON NON-PROFIT CORPORATION ARTICLE I 1. Registered Office -Location. The location post office address of the registered office of the corporation shall be: PO Box1269, Eatonville, WA 98328. ARTICLE II 1. Annual Meetin;;. The annual meeting of the members of the corporation for the election of directors to succeed those whose terms expire, and for the transaction of such other business as may properly come before the meeting, shall be held each year at the registered office of the corporation, on the date and at the time hereinafter specified, if not a legal holiday, and if a legal holiday, then on the next day at the same time of the day. The day and time for said annual meeting shall be: The first Tuesday after the second Monday of each September at 4:00 p.m. 2. Special Meetings Special meetings of the members for any purpose or purposes may be called at any time by the Board of directors to be held at such time and place as the said Board of Directors may prescribe. At any time, upon the request of any director, or of members holding in the aggregate one-third (1/3) of the voting power of all members, it shall be the duty of the President to call a special meeting of the members to be held at such time as said President may fix, not less than fourteen (14) nor more than thirty-five (35) days after the receipt of said request, and if the President shall neglect or refuse to issue such call, the director or members making the request may do so. 3. Notice of Meetings. No notice of the annual membership meeting shall be required. Persons authorized to call special meetings shall cause written notice of the time, place, and purpose of the meetings to be given all members of record entitled to vote at such meeting, at least fourteen (14) days but not more than sixty (60) days prior to the day named for the meeting. Any notice may be delivered either personally or by United States Mail, First Class, postage prepaid. Delivery by mail shall be deemed made twenty-four (24) hours after having been deposited in the United States mail. For purposes of notice to members under this provision of the By-Laws, the Pierce County Property Tax Records may be relied upon as conclusive evidence of the name and address of the members of the corporation unless a member has specifically notified the corporation in writing of a name and address for the true owner of a lot other than as shown on the assessor's tax rolls. 4. Adjourned Meetings. An adjournment or adjournments of any membership meeting may be taken to such time and place as those present may determine without new notice being given, whether by reason of the failure of a quorum to attend or otherwise; but any meeting at which directors are to be elected shall be adjourned only from day to day until such directors are elected, and in the case of any meeting which is adjourned because of the failure of a quorum to attend, those who attend the second of such adjourned meeting, although less than a quorum, shall nevertheless constitute a quorum for the purposes of electing directors. BY-LAWS I-IAWKS LANDING HOMEOWNER'S ASSOCIATION -- Pave 1 Hawks Landing. B ylaws\Ien y 5. uorum. A quorum at any meeting of the members of the Association, whether it be a regular annual meeting or a special meeting, shall be thirty-four percent (34%) of the voting power of all members of the Association. ARTICLE III BOARD OF DIRECTORS I. Number and Qualifications. The business affairs and property of the corporation shall be managed by a board composed of not less than one (I) and not more than five (5) directors, the initial board to be composed of one director and to be changed from time to time as may be deemed necessary by the said board itself, or by the members in meeting assembled, to best meet the needs of the corporation. The directors so elected need not be members in the corporation. 2. Election -Term of Office. The directors shall be elected by the members at each annual membership meeting, to hold office until the next annual membership meeting and until their respective successors shall be elected and qualified. In the event of the failure to hold an election of directors at any annual membership meeting, or in the event of failure to hold any annual membership meeting as provided by these By-Laws, election of directors may be held at a special meeting of the members called for that purpose. 3. Vacancies. Except as otherwise provided by law, vacancies in the Board of Directors, whether caused by resignation, death, or otherwise, may be filled by a majority of the remaining directors attending any meeting of the Board of Directors (even though less than a quorum is present) if notice shall have been given to all the remaining directors that such vacancy would be filled at the meeting. A director thus elected to fill any vacancy shall hold office for the unexpired term of his predecessors, and until his successor is elected and qualified. A decision by the directors to increase the membership of the Board as above provided in Section I of the Article shall be implemented in this same manner as if there were a vacancy on the board. 4. Annual Meeting. The first meeting of each newly elected Board of Directors shall be known as the annual meeting thereof, and shall be held immediately after the annual membership meeting or any special membership meeting at which a Board of Directors is elected. Said meeting shall be held at the same place as such membership meeting unless some other place shall be specified by resolution of the members. 5. Regular Meetin~~Regular meetings of the Board of Directors shall be held at such place and on such day and hour as shall from time to time be fixed by the board. 6. Special Meetin~Special Meetings of the Board of Directors may be held at any place at any time whenever called by the President, Vice President, Secretary or Treasurer, or any two or more directors. 7. Notice of Meetings. No notice of the annual meeting of the Board of Directors shall be required. Notice of the time and place of all meetings of the Board of Directors other than the annual meetings shall be given by the Secretary, or by the person calling the meeting, by mail, radio, facsimile, or by personal communication over the telephone or otherwise, at least three (3) days prior to the day upon which the meeting is to be held; PROVIDED, that no notice of any regular meeting need be given, if the time and place thereof shall have been fixed by resolution of the Board of Directors and a copy of such resolution of the Board of Directors mailed to every director at least three (3) days before the first meeting held in pursuance thereof. BY-LAWS HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page ? Hawks landing.Bylaws\len Notice of any meeting of the Board of Directors need not be given to any director if he is present at such meeting or if it be waived by him in writing or by facsimile, whether before or after such meeting is held, and any meeting of the Board shall be a legal meeting without any notice thereof having been given, if all of the directors are either present thereat or waive notice thereof. 8. uorum. A majority of the whole Board of Directors shall constitute a quorum of the Board of Directors at any regular or special meeting thereof and a majority of a quorum may take any action authorized by these By-Laws, except amendment of the By-Laws or Articles of Incorporation which shall be approved as provided in Article IX. ARTICLE N OFFICERS 1. Officers enumerated -Election. The officers of the corporation shall be aPresident, aVice-President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors at the annual meeting thereof, to hold office for the term of one (1) year, and until their successors are elected. Any of the above named offices, except President, may be combined and held by a single person. Any additional officers that are deemed necessary to the efficient operation of the corporation may be designated as Vice-President. 2. Qualifications. None of the officers of the corporation except the President need necessarily be a director. 3. President. The President must be a director of the corporation. He shall exercise the usual executive powers pertaining to the office of President. He shall preside at meetings of the Board of Directors and of the members and perform such other duties as the Board of Directors may from time to time designate. 4. Vice-President. In the absence or disability of the President, the Vice-President may act as President and shall perform such other duties as the directors may from time to time designate. 5. Secretary. It shall be the duty of the Secretary to record the proceedings of the directors and members; when requested by the President to do so, to sign and execute with the President all deeds, bonds, contracts and other obligations or instruments in the name of the Association; to keep the corporate seal and affix the same to certificates and other documents; and to perform such other duties as the Board of Directors may from time to time designate. 6. Treasurer. The Treasurer shall have the care and custody, and be responsible for, all funds and securities of the corporation, and shall cause to be kept regular books of account. He shall cause to be deposited all funds and other valuable effects in the name of the corporation in such depositories as may be designated by the Board of Directors. In general, he shall perform all of the duties incident to the office of Treasurer, and such other duties as from time to time may be assigned to him by the Board of Directors. 7. Vacancies. Vacancies in any office arising from any cause, including the increasing of the number of the Board of Directors, may be filled by the Board of Directors at any regular or special meeting. 8. Other Officers and Agents. The Board of Directors may appoint such other officers and agents as it shall deem necessary or expedient, who shall hold their office for such BY-LAWS HAWKS LANDING ASSOCIATION -- Page 3 Hawks Landing.Bylaws\len terms, and shall exercise such powers and perform such duties, as shall be determined from time to time by the Board. 9. Salaries. Although officers and directors of the corporation may be reimbursed for their actual expenses incurred in the performance of their duties, they shall serve without compensation for any service they may render to the Association. ARTICLE V MEMBERSHIP 1. Membership in the Association. Membership in the Association is appurtenant to ownership of a lot in HAWKS LANDING as recorded under Thurston County Auditor's File No. Membership may not be transferred except by the transfer, conveyance or sale of any such Lot and further membership, must be transferred appurtenant to any such Lot transferred, conveyed or sold. No certificate of membership shall be issued. ARTICLE VI BOOKS AND RECORDS I. Records of Corporate Meetings_The Corporation shall keep at its registered office complete records of all the proceedings of the Board of Directors and of Membership meetings. 2. Copies of Resolutions. Any person dealing with the corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors of members, when certified by the President or Secretary. Books of Account. The corporation shall keep appropriate and complete books of account. ARTICLE VII FISCAL YEAR Fiscal Year. The Fiscal Year of the corporation shall end December 31st each year. ARTICLE VIII INDEMNIFICATION 1. Indemnification of Directors and Officers. Each Director or Officer now or hereafter serving the corporation, and each person who at the request of or on behalf of the corporation is now serving or hereafter serves as a Director or Officer of any other related corporation, and the respective heirs, executors, and administrators of each of them, shall be indemnified by tl~e corporation against all costs, expenses, judgments aid liabilities, including attorney's fees reasonably incurred by or imposed upon him in connection with or resulting from any action, suit, or proceeding (civil or criminal) in which he is or may be made a party by reason of his being or having been such Director or Officer or by reason of any action alleged to have been taken or omitted by him as such Director or Officer, whether or not he is a Director of Officer at the time of incurring such costs, expenses, judgments and liabilities, except in relation to matters as to which he shall be finally adjudged, without right of further appeal in such action, suit or proceeding, to have been liable for willful misconduct in the performance of his duty as such Director or Officer. BY-LAWS HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Pave 4 Hawks Landing.Bylaws ARTICLE IX AMENDMENT OF BY-LAWS 1. By the Members. These By-Laws and the Articles of Incorporation of the Association may be amended, modified or repealed at any annual meeting of the members without notice in advance or at any special meeting of the members if notice of the proposed alteration or amendment is contained in the notice of the meeting. Sixty-seven percent (67%) of the membership in person or by proxy shall be required to alter, repeal or modify these By-Laws and the Articles of Incorporation of the Association. ARTICLE X RULES I. Rules of Order. The rules contained in the most recent edition of Robert's Rules of Order (Revised) shall govern all meetings of members and directors where those rules are not inconsistent with the Articles of Incorporation, these By-Laws, or special rules of order of the Association. ARTICLE XI MANAGEMENT PROPERTY AND ASSESSMENTS The Board of Directors shall be empowered to establish reasonable rules and regulations for the use and management of the property of the Association. The Board of Directors shall have the power to determine such reasonable assessments necessary for carrying out the purposes of the Association and may exercise on behalf of the Association the power thereto granted with respect to dues, assessments or other charges and the assessment of liens all as provided under the Declaration recorded under Thurston County Auditor's File No .The Board of Directors shall be responsible to see that property liability insurance protecting the Association and its members as may be reasonably available is procured and maintained with respect to the property and activities of the Association. The foregoing By-Laws were adopted by unanimous consent of he members as the By-Laws of the Association this ~ day of ~~ 2003. Donna Bruno, Secretary ATTEST: Dan Bruno, President BY-LAW S HAWKS LANDING HOMEOWNER'S ASSOCIATION -- Page 5 Hawks Landing. Bylaws\len 03/06/03 11:38 FAX 360 832 2978 HERITAGE HOMES C3j001 PO Box 1269 Eatonville, WA 98328 P Business 360-832-8877 Fax 360-832-2978 Celt 253-732-3840 To: ~vt ~, ,4 From: ~14-~ C~1/'~~ Fax: Pages: ~. w ~C b/ ~~ r Phone: ate: Re~ .d-US ~i,. CC: ^ Urgent ^ For Review ^ Please Comment ^ Please Reply ^ Please Recycle • Comments: ` li~ 03/06/03 11:38 FAX 360 832 2978 HERITAGE HOMES ~ 002 MAA-06-2003 THU 0912 Ali THURSTON COUNTY ASSESSOR FAX K0. 3fi~ 7542958 ~ ~ P. 04 '1'A;sCPA'YFK'S C:LA,[M FOR ~tEDUC''~'~pN Ok' ASSI{.SS~tENTS ANp '1'fi)E; ABATEMx~N1' OF 7`AK1E5 RF:SU~,T[NC ~'RpM l;aES'>C'ROYED A1~~1L 4R pERSUNAL P~t0P}1RT'Y ~R LpSS ()N' VALUE YN A DI~:CLARL)(~ D[S,~S'~'ER ,AREA Clt~ptet 8x.70 RC's NO'I'iC:F; 'lltis clairtt fur reduction of asses,ntt;ttts and for flat: abstcme:tir of taxes shall l~~ £tlcei with the county ass~~sor within t1ueL~ years aftCr the date of dcstrvctiott yr Loss of v:~lue, ~t~ is to notify you that i hereby plaint relief under thn provisigri of Chapter 8~.7A RC W :end petition for adjustme t is1 >,tsc plica}Slt: Ssrssttietlt end for t:he applicaUle ubatcittestt a#' IaXs'_s, ~~ERt~ ~t~-punts ~L~p -,~in,C , i)ayGn.e t'nbne Numtxr _ P, d g ~ X { 2-G ~ I s! 3 to ~--~ . ~~{. ~j o ~ 5 _. - _ _ . +~ Ma~i~hG r\dt! 'ss ~ ~r0 Cl ~' ire y AddreYr ~~ /~ ~ ,~.~~ ~ ~3 S3?8 G ~ R~S~ ~ City, Sate 1.i9 Code . ParcetlvU:~~1o2_Uoo0Ca ~,ct;al Descriptign:__ ~ S ~ ~ _~O~l ~ -.. ~i.. _ Rein F'-'oF>~ny T Q Per.anal Properly [] Mo6ilc (Iotr~c Q Cc~nv~,rrc~al 1)e,~crip4iutt of 1'rot~crty Dcstroyrd: l7asc of Acarruct;ion; ~ ~.3!()0~ CousC: 1~ 0~ o~~r y;~~n~a ~it/~ S (:e.S~G2 ~ ASSESSbR'S USF DNLY t:,'}a1m; [] frtalitics Hate Filed tvfth r1S&CSSt)r: / / Q ):3oes not ytiali fy, beta~tsc: Yrs1r~ REV pa 00l~}. t (7- t 3 •~-ut 500/tr00'd Ol8#d trbl£ 85tr 09£ A3a WWO~-W'13h d0 AlIO G£~60 £OOZ-90-d'dW TxuR.srorrcoutv~r~r «,K,uu Assryessor's D~~ce Appraisal Review Request Log No. ~~ Region Ltr Sent (Date) Initials Pro ert Owner: Please fill out the followin O ner me f~Ek'r ~ ~n~s ~ ~~'4 ~i~c , ~ f?'1• Ziv~ - Parcel Number . ~l`7~SI ~Ooa vU Mailing Address/City/State/Zip Code ~C~~~ak ~~~ ~ Property Address lS~3p ~~. ,~~ ~O7s . ~~~~~~1~ l,v~ ~~~2 ~ ~ ~ ~~ ~~ss'~ Reason for Review: By my sign tune below, I request the Assessor's Office to review the valuation of this ro ert nders nd ' ormation in this re ort becomes ublic record. Signatur Date Daytime Phone Number ~ **~`**************FOR ASSESSOR'S OF~lCE,/E)NLY ****************** Appraiser's~R.eport: i Assessment Year: - Land 'Buildin s Code er:Mana er Current Value ^ Manifest Error New Value ^ Read In Approved on (Date) System Updated: ^ Initials: Taxpayer Notified on (Date) by ^ Phone ^ Letter Appraisal Review Request Rev (9/~J9) (5/02) t7S,i~~~.~SV~s' o~111r'1i' Log No. ~rxuRSroN courrrY Appraisal Review Request Region ""°°° Ltr Sent (Dace) Initials Pro ert Owner: Please fill out the followin O''w// ner Name , / ~ _ / /~Y/ - rL1V~ Parcel Number ~ ~ ~ ~ S I c,~, D O Q Cj ~j Mailing Address/City/State/Zip Code Property Address c~~v~~'~~ c,,(1~ ~y3~ ~ ~ r1~ LUG G'~~~'~ Reason for Review: ~~ (AJ~~o /yG?/~ ?~ ,~~ 4.L Z By my sign tune below, I request the Assessor's Office to review the valuation of this ro ert sunders nd ' formation in this re ort becomes ublic record. Signatur Date Daytime Phone Number ~ **/k**************FOR ASSESSOR'S OFP~lCE,bNLY ****************** Appraiser's~R.eport: Assessment Year: Land Buildin s Code er Mana er Current Value ^ Manifest Error New Value ^ Read In Approved on (Date) ~ Taxpayer Notified on System updated: ^ i (Date] ~ Initials: by ^ Phone ^ Letter appraisal Review Reques[ Rev (D/99) (5/02) ~~ssessvrs D~~ce Log No. Appraisal Review Request Region TEIURSTON COUNTY ~~~a Ltr Sent (Dace) Initials Pro ert Owner: Please fill out the followin Owner Name ~• ~~ - Parcel Number ~ l^7~S~I d O oQ ~ ~ Mailing Address/City/State/Zip Code ~~ ~a x l 2 G G~ Property Address l 5~ 3 0~=~. ,~~ ~"O ~s ~~~~~~1£ l~~ ~'~~~ ~ ~ ~~ ~v~ ~~~s~ Reason for Review: ~L2 C~t~~O /yG '~ .~-1? ~L By my sign tune below, I request the Assessor's Office to review the valuation of this ro ert sunders nd ' ormation in this re ort becomes ublic record. Signatur ~ ~,'`~~ .iL,°•~_ Date o`L ACS ~ Daytime Phone Number (~60) ~~Z ~'8 77 ~ **/~**************FOR ASSESSOR'S OFP'~CE,bNLY ****************** Appraiser's~2.eport: Assessment Year: Land Buildin s Code er Mana er Current Value ^ Manifest Error New Value ^ Read In Approved on (Date) i System updated: ^ Taxpayer Notified on Initials: (Date) ~ by ^ Phone ^ Letter :1pprlisal Rea•iew Request Rev (9199) (5/02) wp~ ~'~~ ~ City of Yelm ~ Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 YEZM ,~ (360) 458-3144 FAX Memorandum To: Dawn Alene Breen, Thurston County Assessors Office From: Tami Merriman, Assistant Planner Date: March 5, 2003 Re: Revised Final Plat for Hawks Landing Dear Dawn: Attached please find a copy of the revised plat and lot closures for Hawks Landing. The developer and I will be at your office on Thursday, March 13, 2003 for recording. The developer knows that he will need to bring his taxes current. Thank you G~~ Tami Merriman G:\Community Development\Project Files\SUB Full Plat Subdivision\8333 Hawks Landing Final\memo to county.doc PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: 1 NoRh: 7953.57278 East :7613.43614 Curve Length: 79.48 Radius: 328.00 Delta: l3-53-01 Tangent: 39.94 Chord: 79.29 Course: S 06-19-01 E Course In: S 76-44-29 W Course Out: S 89-22-30 E RP North: 7878.34707 East :7294.17905 End North: 7874.76921 East :7622.15953 Line Course: S 00-37-30 W Length: 37.34 North: 7837.43143 East :7621.75223 Line Course: S 89-22-30 E Length: 90.00 North: 7836.44971 East :7711.74687 Line Course: N 00-37-30 E Length: 74.18 North: 7910.62529 East :7712.55603 Line Course: N 66-34-30 W Length: 108.02 North: 7953.56846 East :7613.43891 Perimeter: 389.03 Area: 8,610 SQ.FT. 0.1976 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00513 Course: S 32-37-32 E Error North: -0.004318 East :0.002764 Precision 1:75,832.36 Parcel name: 2 North: 7837.43085 East :7621.75235 Line Course: S 00-37-30 W Length: 23.17 North: 7814.26222 East :7621.49961 Curve Length: 57.44 Radius: 228.00 Delta: l4-26-04 Tangent: 28.87 Chord: 57.29 Course: S 07-50-32 W Course In: N 89-22-30 W Course Out: S 74-56-26 E RP North: 7816.74927 East :7393.51317 End North: 7757.51007 East :7613.68292 Line Course: S 89-22-30 E Length: 97.20 North: 7756.44980 East :7710.87713 Line Course: N 00-37-30 E Length: 80.00 North: 7836.44504 East :7711.74978 Line Course: N 89-22-30 W Length: 90.00 North: 7837.42677 East :7621.75514 Perimeter: 347.80 Area: 7,335 SOFT. 0.1684 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00494 Course: S3423-35 E Error North: -0.004075 East :0.002789 Precision 1:70,406.88 Parcel name: 3 North: 7757.51411 East :7613.68307 Curve Length: 5.59 Radius: 228.00 Detta:1-24-13 Tangent: 2.79 Chord: 5.59 Course: S 15-45-40 W Course In: N 74-56-26 W Course Out: S 73-32-13 E RP North: 7816.75331 East :7393.51332 End North: 7752.13879 East :7612.16593 Curve Length: 60.16 Radius: 172.00 Detta:20-02-29 Tangent: 30.39 Chord: 59.86 Course: S 06-26-32 W PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Course In: S 73-32-13 E Course Out: S 86-25-18 W RP North: 7703.39450 East :7777.11439 End North: 7692.65944 East :7605.44972 Curve Length: 45.49 Radius: 25.00 Delta: 1041445 Tangent: 32.14 Chord: 39.47 Course: S 55-42-OS E Course In: N 86-25-18 E Course Out: S 17-49-27 E RP North: 7694.21977 East :7630.40098 End North: 7670.41976 East :7638.05340 Curve Length: 74.28 Radius: 530.50 Delta:8-01-22 Tangent: 37.20 Chord: 74.22 Course: N 76-11-14 E Course In: S 17-49-27 E Course Out: N 09-48-05 W RP North: 7165.38357 East :7800.43779 End North: 7688.14027 East :7710.12898 Line Course: N 00-37-30 E Length: 68.32 North: 7756.45620 East :7710.87422 Line Course: N 89-22-30 W Length: 97.20 North: 7757.51647 East :7613.68000 Perimeter: 351.03 Area: 8,157 SOFT. 0.1873 ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00386 Course: N 52-2427 W Error North: 0.002357 East : -0.003061 Precision 1:90,943.01 Parcel name: 4 North: 7688.14018 East :7710.12913 Curve Length: 64.66 Radius: 530.50 Delta:6-59-01 Tangent: 32.37 Chord: 64.62 Course: N 83-41-26 E Course In: S 09-48-05 E Course Out: N 02-49-04 W RP North: 7165.38348 East :7800.43794 End North: 7695.24207 East :7774.35873 Line Course: N 00-56-54 W Length: 86.75 North: 7781.98019 East :7772.92295 Line Course: N 89-22-30 W Length: 61.77 North: 7782.65398 East :7711.15663 Line Course: S 00-37-30 W Length: 94.52 North: 7688.13961 East :7710.12559 Perimeter: 307.70 Area: 5,667 SOFT. 0.1301 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00358 Course: S 80-43-08 W Error North: -0.000578 East : -0.003536 Precision 1:85,949.72 Parcel name: 5 North: 7695.24198 East :7774.35805 Curve Length: 20.00 Radius: 530.50 Delta:2-09-37 Tangent: 10.00 Chord: 20.00 Course: N 88-15-45 E Course In: S 02-49-04 E Course Out: N 00-39-27 W RP North: 7165.38339 East :7800.43726 End North: 7695.84846 East :7794.34962 Line Course: N 00.56-54 W Length: 180.66 North: 7876.48371 East :7791.35956 Line Course: N 66-3430 W Length: 85.88 North: 7910.62516 East :7712.55768 Line Course: S 00-37-30 W Length: 127.98 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7782.65277 East :7711.16166 Line Course: S 89-22-30 E Length: 61.77 North: 7781.97898 East :7772.92799 Line Course: S 00-56-54 E Length: 86.75 North: 7695.24086 East :7774.36377 Perimeter: 563.05 Area: 10,664 SQ.FT. 0.2448 ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00582 Course: S 78-58-33 E Error North: -0.001113 East :0.005714 Precision 1:96,742.27 Parcel name: 6 North: 7695.84848 East :7794.35075 Curve Length: 60.34 Radius: 530.50 Delta:6-30-59 Tangent: 30.20 Chord: 60.30 Course: S 87-23-57 E Course In: S 00-39-27 E Course Out: N OS-51-32 E RP North: 7165.38341 East :7800.43839 End North: 7693.11224 East :7854.59119 Line Course: N 05-3430 E Length: 150.36 North: 7842.76102 East :7869.19846 Line Course: N 66-3430 W Length: 84.83 North: 7876.48504 East :7791.36004 Line Course: S 00-56-54 E Length: 180.66 North: 7695.84979 East :7794.35011 Perimeter: 476.19 Area: 11,473SQ.FT.0.2634ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00146 Course: N 26-12-14 W Error North: 0.001314 East : -0.000647 Precision 1:326,157.53 Parcel name: 7 North: 7693.11211 East :7854.59145 Curve Length: 57.77 Radius: 530.50 Detta:6-1422 Tangent: 28.91 Chord: 57.74 Course: S 81-01-17 E Course In: S 05-51-32 W Course Out: N 12-05-54 E RP North: 7165.38327 East :7800.43865 End North: 7684.10051 East :7911.62621 Line Course: N 12-05-54 E Length: 131.28 North: 7812.46470 East :7939.14120 Line Course: N 66-3430 W Length: 76.22 North: 7842.76583 East :7869.20316 Line Course: S 05-3430 W Length: 150.36 North: 7693.11705 East :7854.59589 Perimeter: 415.63 Area: 9,208 SQ.FT. 0.2114 ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00664 Course: N 41-56-59 E Error North: 0.004941 East :0.004441 Precision 1:62,594.88 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: 8 North: 7684.10090 East :7911.62374 Line Course: S 77-5406 E Length: 62.53 North: 7670.99523 East :7972.76491 Line Course: N 12-OS-54 E Length: 118.75 North: 7787.10772 East :7997.65374 Line Course: N 66-3430 W Length: 63.78 North: 7812.46335 East :7939.13040 Line Course: S 12-05-54 W Length: 131.28 North: 7684.09916 East :7911.61541 Perimeter: 376.33 Area: 7,817 SQ.FT. 0.1795 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00851 Course: S 78-12-00 W Error North: -0.001740 East : -0.008329 Precision 1:44,223.27 Parcel name: 9 North: 7670.99477 East :7972.76781 Line Course: S 77-5406 E Length: 60.00 North: 7658.41936 East :8031.43517 Line Course: N 12-OS-54 E Length: 106.73 North: 7762.77882 East :8053.80472 Line Course: N 66-3430 W Length: 61.19 North: 7787.10480 East :7997.65792 Line Course: S 12-OS-54 W Length: 118.75 North: 7670.99231 East :7972.76910 Perimeter: 346.67 Area: 6,764 SQ.FT. 0.1553 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00277 Course: S 27-43-33 E Error North: -0.002455 East :0.001290 Precision 1:125,151.62 Parcel name: 10 North: 7658.41950 East :8031.43520 Line Course: S 77-5406 E Length: 60.00 North: 7645.84409 East :8090.10256 Line Course: N 12-05-54 E Length: 94.71 North: 7738.45052 East :8109.95284 Line Course: N 66-3430 W Length: 61.19 North: 7762.77650 East :8053.80604 Line Course: S 12-OS-54 W Length: 106.73 North: 7658.41705 East :8031.43649 Perimeter: 322.64 Area: 6,043 SQ.FT. 0.1387 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00277 Course: S 27-43-33 E Error North: -0.002455 East :0.001290 Precision 1:116,472.92 ------------------------------------------------------------------------- Parcel name: 11 "dorth: 7645.84423 East :8090.10259 Line Course: S 77-5406 E Length: 60.00 4 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7633.26883 East :8148.76995 Line Course: N 12-OS-54 E Length: 82.69 North: 7714.12223 East :8166.10095 Line Course: N 66-34-30 W Length: 61.19 North: 7738.44821 East :8109.95416 Line Course: S 12-OS-54 W Length: 94.71 North: 7645.84178 East :8090.10388 Perimeter: 298.60 Area: 5,322 SQ.FT. 0.1222 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00277 Course: S 27-43-33 E Error North: -0.002455 East :0.001290 Precision 1:107,794.22 Parcel name: 12 North: 7633.26897 East :8148.76998 Curve Length: 41.48 Radius: 50.00 Delta:47-32-04 Tangent: 22.02 Chord: 40.30 Course: S 54-08-04 E Course In: S 12-OS-54 W Course Out: N 59-37-58 E RP North: 7584.37950 East :8138.29047 End North: 7609.65651 East :8181.43062 Line Course: N 59-37-58 E Length: 111.25 North: 7665.89787 East :8277.41746 Line Course: N 66-34-30 W Length: 121.32 North: 7714.12843 East :8166.09650 Line Course: S 12-05-54 W Length: 82.69 North: 7633.27503 East :8148.76549 Perimeter: 356.74 Area: 6,855SO.FT.0.1574ACRES Mapcheck Closure - (Uses fisted courses, radii, and deltas) Error Closure: 0.00754 Course: N 36-29-59 W Error North: 0.006059 East : -0.004483 Precision 1:47,313.00 Parcel name: 13 North: 7609.65647 Curve Length:37.94 Delta: 43-28-38 Chord: 37.04 Course In: S 59-37-58 W RP North: 7584.37946 End North: 7573.03840 Line Course: S 76-53-24 E North: 7552.26610 Line Course: N 00-37-30 E North: 7665.89934 Line Course: S 59-37-58 W North: 7609.65799 East :8181.43075 Radius: 50.00 Tangent: 19.94 Course: S 08-37-43 E Course Out: S 76-53-24 E East :8138.29060 East :8186.98742 Length: 91.58 East :8276.18051 Length: 113.64 East :8277.42011 Length: 111.25 East :8181.43327 Perimeter: 354.41 Area: 6,906 SQ.FT. 0.1585 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00294 Course: N 59-02-06 E Error North: 0.001514 East :0.002523 Precision 1:120,547.62 5 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: 14 North: 7573.03843 East :8186.98741 Curve Length:67.77 Radius: 50.00 Delta:77-39-41 Tangent: 40.25 Chord: 62.70 Course: S 51-56-26 W Course In: N 76-53-24 W Course Out: S 00-46-17 W RP North: 7584.37949 East :8138.29059 End North: 7534.38402 East :8137.61745 Line Course: S 00-46-17 W Length: 39.91 North: 7494.47764 East :8137.08014 Line Course: S 89-13-43 E Length: 138.46 North: 7492.61357 East :8275.52760 Line Course: N 00-37-30 E Length: 59.66 North: 7552.27002 East :8276.17837 Line Course: N 76-53-24 W Length: 91.58 North: 7573.04231 East :8186.98528 Perimeter: 397.37 Area: 8,653 SOFT. 0.1986 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00444 Course: N 28-44-35 W Error North: 0.003889 East : -0.002133 Precision 1:89,500.00 Parcel name: 15 North: 7534.38401 East :8137.61744 Curve Length: 67.12 Radius: 50.00 Delta: 76-5445 Tangent: 39.71 Chord: 62.19 Course: N 50-46-21 W Course In: N 00-46-17 E Course Out: S 77-41-02 W RP North: 7584.37948 East :8138.29059 End North: 7573.71422 East :8089.44130 Curve Length: 28.62 Radius: 25.00 Delta:65-35-08 Tangent: 16.11 Chord: 27.08 Course: N 45-06-32 W Course In: S 77-41-02 W Course Out: N 12-OS-54 E RP North: 7568.38159 East :8065.01666 End North: 7592.82633 East :8070.25642 Line Course: N 77-54-06 W Length: 30.92 North: 7599.30685 East :8040.02317 Line Course: S 12-OS-54 W Length: 105.57 North: 7496.08163 East :8017.89674 Line Course: S 89-13-43 E Length: 119.20 North: 7494.47686 East :8137.08594 Line Course: N 00-46-17 E Length: 39.91 North: 7534.38324 East :8137.62324 Perimeter: 391.33 Area: 8,329 SQ.FT. 0.1912 ACRES Mapcheck Closure - (Uses l isted courses, radii, and deltas) Error Closure: 0.00585 Course: S 82-28-25 E Error North: -0.000766 East :0.005799 Precision 1:66,895.73 ------------------------------------ Parcel name: 16 ------------------------------------- North: 7599.30739 East :8040.01975 Line Course: N 77-5406 W Length: 60.00 North: 7611.88280 East :7981.35239 Line Course: S 12-OS-54 W Length: 117.59 North: 7496.90455 East :7956.70669 Line Course: S 89-13-43 E Length: 61.19 6 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7496.08076 East :8017.89114 Line Course: N 12-OS-54 E Length: 105.57 North: 7599.30598 East :8040.01757 Perimeter: 344.35 Area: 6,695 SQ.FT. 0.1537 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00260 Course: S 57-01-34 W Error North: -0.001414 East : -0.002179 Precision 1:132,442.31 Parcel name: 17 North: 7611.88266 East :7981.35236 Line Course: N 77-5406 W Length: 60.00 North: 7624.45807 East :7922.68500 Line Course: S 12-05-54 W Length: 129.60 North: 7497.73657 East :7895.52212 Line Course: S 89-13-43 E Length: 61.19 North: 7496.91278 East :7956.70658 Line Course: N 12-OS-54 E Length: 117.59 North: 7611.89102 East :7981.35228 Perimeter: 368.38 Area: 7,416 SOFT. 0.1702 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00836 Course: N 00-3405 W Error North: 0.008364 East : -0.000083 Precision 1:44,064.59 Parcel name: 18 North: 7624.45793 East :7922.68497 Line Course: N 77-5406 W Length: 23.32 North: 7629.34557 East :7899.88292 Curve Length: 36.72 Radius: 474.50 Defta:426-03 Tangent: 18.37 Chord: 36.71 Course: N 80.07-08 W Course In: S 12-05-54 W Course Out: N 07-39-51 E RP North: 7165.38453 East :7800.43241 End North: 7635.64573 East :7863.71476 Line Course: S 12-OS-54 W Length: 140.20 North: 7498.55966 East :7834.33023 Line Course: S 89-13-43 E Length: 61.19 North: 7497.73587 East :7895.51468 Line Course: N 12-05-54 E Length: 129.60 North: 7624.45737 East :7922.67756 Perimeter: 391.04 Area: 8,119SQ.FT.0.1864ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00743 Course: S 85-40-49 W Error North: -0.000560 East : -0.007409 Precision 1:52,628.53 Parcel name: 19 North: 7635.64457 East :7863.71993 Curve Length: 60.64 Radius: 474.50 Detta:7-19-22 Tangent: 30.36 Chord: 60.60 Course: N 85-590 W 7 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Course In: S 07-39-51 W RP North: 7165.38338 End North: 7639.87495 Line Course: S 12-OS-54 W North: 7499.37640 Line Course: S 89-13-43 E North: 7498.55261 Line Course: N 12-05-54 E North: 7635.63867 Course Out: N 00-20-29 E East :7800.43758 East :7803.26481 Length: 143.69 East :7773.14880 Length: 61.19 East :7834.33326 Length: 140.20 East :7863.71779 Perimeter: 405.73 Area: 8,556 SOFT. 0.1964 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00627 Course: S 19-57-14 W Error North: -0.005898 East : -0.002141 Precision 1:64,708.13 Parcel name: 20 North: 7639.87498 East :7803.26383 Curve Length: 62.32 Radius: 474.50 Delta: ?-31-29 Tangent: 31.20 Chord: 62.27 Course: S 86-34-44 W Course In: S 00.20.29 W Course Out: N 07-11-00 W RP North: 7165.38340 East :7800.43661 End North: 7636.15911 East :7741.10293 Line Course: S 12-OS-54 W Length: 87.58 North: 7550.52432 East :7722.74703 Line Course: S 77-54-06 E Length: 60.00 North: 7537.94891 East :7781.41439 Line Course: N 12-05-54 E Length: 104.24 North: 7639.87367 East :7803.26206 Perimeter: 314.14 Area: 5,797 SOFT. 0.1331 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00220 Course: S 53-33-18 W Error North: -0.001309 East : -0.001772 Precision 1: 142,790.91 Parcel name: 21 North: 7501.46699 East :7618.08740 Line Course: N 24.17-01 W Length: 65.03 North: 7560.74320 East :7591.34358 Curve Length: 42.20 Radius: 25.00 Defta:98-42-23 Tangent:28.11 Chord: 37.36 Course: N 72-38-13 W Course In: S 65-42-59 W Course Out: N 30-59-24 W RP North: 7550.46186 East :7568.55556 End North: 7571.89329 East :7555.68334 Line Course: S 59-00-36 W Length: 42.76 North: 7549.87666 East :7519.02703 Line Course: S 30-59-24 E Length: 92.50 North: 7470.58037 East :7566.65421 Line Course: N 59-00-36 E Length: 60.00 North: 7501.47367 East :7618.08964 Perimeter: 302.49 Area: 5,878 SOFT. 0.1349 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00705 Course: N 18-30-13 E Error North: 0.006684 East :0.002237 Precision 1:42,906.38 8 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: Tract C North: 7130.85542 East :7001.04226 Line Course: N 30-59-24 W length: 372.93 North: 7450.55234 East :6809.02490 Line Course: N 00-47-16 E Length: 66.07 North: 7516.61610 East :6809.93329 Line Course: S 51-33-50 W Length: 77.45 North: 7468.4fi996 East :6749.26657 Line Course: S 00-47-16 W Length: 189.87 North: 7278.61790 East :6746.65607 Line Course: S 40-1450 E Length: 261.05 North: 7079.36789 East :6915.31707 Line Course: N 59-00-36 E Length: 100.00 North: 7130.85674 East :7001.04279 Perimeter: 1067.38 Area: 47,038 SQ.FT. 1.0798 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00142 Course: N 22-00-41 E Error North: 0.001313 East :0.000531 Precision 1:751,669.01 Parcel name: Tract D North: 7430.48583 East :6942.60453 Curve Length: 125.20 Radius: 125.50 Delta:57-09-37 Tangent: 68.37 Chord: 120.08 Course: N 22-59-02 E Course In: N 84-2413 E Course Out: N 38-28-10 W RP North: 7442.72461 East :7067.50634 End North: 7541.02899 East :6989.49032 Line Course: N 51-33-50 E Length: 165.66 North: 7644.01013 East :7119.25210 Line Course: N 38-26-10 W Length: 92.50 North: 7716.46555 East :7061.75026 Line Course: S 51-33-50 W Length: 321.48 North: 7516.62021 East :6809.93439 Line Course: S 00-47-16 W Length: 66.07 North: 7450.55646 East :6809.02600 Line Course: S 30-59-24 E Length: 92.76 North: 7371.03728 East :6856.78705 Line Course: N 55-17-13 E Length: 104.40 North: 7430.48962 East :6942.60535 Perimeter: 968.07 Area: 39,896 SQ.FT. 0.9159 ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00388 Course: N 12-06-10 E Error North: 0.003794 East :0.000814 Precision 1:249,502.58 Parcel name: Tract E North: 7644.00913 East :7119.25115 Line Course: N 51-33-50 E Length: 120.00 North: 7718.60612 East :7213.24736 Line Course: N 38-26-10 W Length: 92.50 North: 7791.06153 East :7155.74552 Line Course: S 51-33-50 W Length: 120.00 North: 7716.46454 East :7061.74930 Line Course: S 38-26-10 E Length: 92.50 27 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7644.00913 East :7119.25115 Perimeter: 425.00 Area: 11,100 SQ.FT. 0.2548 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:425,000,000.00 28 PLAT OF HAWKS LANDING -CLOSURES JN:2497`NE25-17-1 E*02/28/2003 Parcel name: 22 North: 7549.86997 East :7519.02479 Line Course: S 59-00-36 W Length: 60.00 North: 7518.97666 East :7467.58936 Line Course: S 30-59-24 E Length: 92.50 North: 7439.68038 East :7515.21654 Line Course: N 59-00-36 E Length: 60.00 North: 7470.57368 East :7566.65197 Line Course: N 30-59-24 W Length: 92.50 North: 7549.86997 East :7519.02479 Perimeter: 305.00 Area:5,5505Q.FT.0.1274ACRE5 Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S ~-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 23 North: 7518.97666 East :7467.58936 Line Course: S 59-00-36 W Length: 60.00 North: 7488.08336 East :7416.15393 Line Course: S 30-59-24 E Length: 92.50 North: 7408.78707 East :7463.78111 Line Course: N 59-00-36 E Length: 60.00 North: 7439.68038 East :7515.21654 Line Course: N 30.59-24 W Length: 92.50 North: 7518.97666 East :7467.58936 Perimeter: 305.00 Area: 5,550 SQ.FT. 0.1274 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 24 North: 7488.08336 East :7416.15393 Line Course: S 59-00-36 W Length: 60.00 North: 7457.19005 East :7364.71850 Line Course: S 30-59-24 E Length: 92.50 North: 7377.89376 East :7412.34568 Line Course: N 59-00-36 E length: 60.00 North: 7408.78707 East :7463.78111 Line Course: N 30-59-24 W Length: 92.50 North: 7488.08336 East :7416.15393 Perimeter: 305.00 Area: 5,550SQ.FT.0.1274ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 9 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/2812003 Parcel name: 25 North: 7457.19005 East :7364.71850 Line Course: S 59-00-36 W Length: 60.00 North: 7426.29674 East :7313.28307 Line Course: S 30-59-24 E Length: 92.50 North: 7347.00045 East :7360.91025 Line Course: N 59-00-36 E Length: 60.00 North: 7377.89376 East :7412.34568 Line Course: N 30-59-24 W Length: 92.50 North: 7457.19005 East :7364.71850 Perimeter: 305.00 Area: 5,550SQ.FT.0.1274ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 26 North: 7426.29674 East :7313.28307 Line Course: S 59-00-36 W Length: 60.00 North: 7395.40343 East :7261.84764 Line Course: S 30-59-24 E Length: 92.50 North: 7316.10714 East :7309.47482 Line Course: N 59-00-36 E Length: 60.00 North: 7347.00045 East :7360.91025 Line Course: N 30.59-24 W Length: 92.50 North: 7426.29674 East :7313.28307 Perimeter: 305.00 Area: 5,550 SQ.FT. 0.1274 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 27 North: 7395.40343 East :7261.84764 Line Course: S 59-00-36 W Length: 60.00 North: 7364.51013 East :7210.41221 Line Course: S 30-59-24 E Length: 92.50 North: 7285.21384 East :7258.03939 Line Course: N 59-00-36 E Length: 60.00 North: 7316.10714 East :7309.47482 Line Course: N 30-59-24 W Length: 92.50 North: 7395.40343 East :7261.84764 Perimeter: 305.00 Area:S,SSOSQ.FT.O.t274ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 ------------------------------------------------------------------------- Parcel name: 28 North: 7364.51013 East :7210.41221 Line Course: S 59-00-36 W Length: 60.00 10 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28l2003 North: 7333.61682 East :7158.97678 Line Course: S 30-59-24 E Length: 92.50 North: 7254.32053 East :7206.60396 Line Course: N 59-00-36 E Length: 60.00 North: 7285.21384 East :7258.03939 Line Course: N 30-59-24 W Length: 92.50 North: 7364.51013 East :7210.41221 Perimeter: 305.00 Area: 5,550 SQ.FT. 0.1274 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 29 North: 7333.61682 East :7158.97678 Line Course: S 59-00-36 W Length: 21.25 North: 7322.67544 East :7140.76006 Curve Length: 33.04 Radius: 125.50 Delta: l5-0457 Tangent: 16.61 Chord: 32.94 Course: S 66-33-04 W Course In: N 30-59-24 W Course Out: S 15-54-27 E RP North: 7430.26121 East :7076.14156 End North: 7309.56718 East :7110.53924 Line Course: S 15-5427 E Length: 100.28 North: 7213.12736 East :7138.02449 Line Course: N 59-00-36 E Length: 80.00 North: 7254.31844 East :7206.60507 Line Course: N 30-59-24 W Length: 92.50 North: 7333.61473 East :7158.97789 Perimeter: 327.06 Area: 6,296 SQ.FT. 0.1445 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00237 Course: S 27-56-54 E Error North: -0.002092 East :0.001110 Precision 1: 138,004.22 Parcel name: 30 North: 7309.56678 East :7110.53867 Curve Length: 42.11 Radius: 125.50 Defta:19-13-29 Tangent: 21.25 Chord: 41.91 Course: S 83-42-17 W Course In: N 15-5427 W Course Out: S 03-19-02 W RP North: 7430.26081 East :7076.14099 End North: 7304.97109 East :7068.87904 Line Course: S 03-19-02 W Length: 138.41 North: 7166.79300 East :7060.87007 Line Course: N 59-00-36 E Length: 90.00 North: 7213.13296 East :7138.02322 Line Course: N 15-5427 W Length: 100.28 North: 7309.57278 East :7110.53796 Perimeter: 370.80 Area: 7,168 SOFT. 0.1645 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00605 Course: N 06-42-51 W Error North: 0.006005 East : -0.000707 Precision 1:61,289.26 11 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: 31 North: 7304.97102 Curve Length: 36.21 Delta: 16-31-48 Chord: 36.08 Course In: N 03-19-02 E RP North: 7430.26074 End North: 7312.21528 Line Course: S 19-50-50 W North: 7165.14287 Line Course: S 30-59-24 E North: 7130.85258 Line Course: N 59-00-36 E North: 7166.78664 Line Course: N 03-19-02 E North: 7304.96473 East :7068.87911 Radius: 125.50 Tangent: 18.23 Course: N 78-25-04 W Course Out: S 19-50-50 W East :7076.14106 East :7033.53214 Length: 156.36 East :6980.44585 Length: 40.00 East :7001.04139 Length: 69.79 East :7060.86937 Length: 138.41 East :7068.87834 Perimeter: 440.77 Area: 9,706 SQ.FT. 0.2228 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00633 Course: S 07-01-18 W Error North: -0.006284 East : -0.000774 Precision 1:69,631.91 Parcel name: 32 North: 7312.21528 Curve Length: 40.23 Deka: 18-21-59 Chord: 40.06 Course In: N 19-50-50 E RP North: 7430.26074 End North: 7331.65414 Line Course: S 38-12-49 W North: 7246.58532 Line Course: S 30-59-24 E North: 7165.14589 Line Course: N 19-50-50 E North: 7312.21830 East :7033.53192 Radius: 125.50 Tangent: 20.29 Course: N 60-58-11 W Course Out: S 38-12-49 W East :7076.14084 East :6998.50716 Length: 108.27 East :6931.53187 Length: 95.00 East :6980.44627 Length: 156.36 East :7033.53257 Perimeter: 399.86 Area: 7,856 SOFT. 0.1804 ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00309 Course: N 12-01-33 E Error North: 0.003023 East :0.000644 Precision 1:129,404.53 Parcel name: 33 North: 7331.65399 East :6998.50733 Curve Length: 37.40 Radius: 125.50 Defta:17-04-24 Tangent: 18.84 Chord: 37.26 Course: N 43-14-59 W Course In: N 38-12-49 E Course Out: S 55-17-13 W RP North: 7430.26059 East :7076.14101 End North: 7358.79250 East :6972.97821 Line Course: N 34-42-47 W Length: 15.16 North: 7371.25423 East :6964.34509 Line Course: S 55-17-13 W Length: 92.51 North: 7318.57286 East :6888.30055 Line Course: S 30-59-24 E Length: 83.97 12 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7246.58897 East :6931.53573 Line Course: N 38-12-49 E Length: 108.27 North: 7331.65779 East :6998.51102 Perimeter: 337.32 Area: 6,579 SOFT. 0.1510 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00530 Course: N4411-37 E Error North: 0.003803 East :0.003697 Precision 1:63,643.40 Parcel name: 34 North: 7371.25629 Curve Length: 63.78 Delta: 29-07-00 Chord: 63.09 Course In: N 55-17-13 E RP North: 7442.72438 End North: 7430.48560 Line Course: S 55-17-13 W North: 7371.03326 Line Course: 5 30-59-24 E North: 7318.56912 Line Course: N 55-17-13 E North: 7371.25050 East :6964.34357 Radius: 125.50 Tangent: 32.59 Course: N 20-09-17 W Course Out: S 842413 W East :7067.50637 East :6942.60456 Length: 104.40 East :6856.78626 Length: 61.20 East :6888.29744 Length: 92.51 East :6964.34198 Perimeter: 321.89 Area: 5,842 SQ.FT. 0.1341 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00601 Course: S 15-21-41 W Error North: -0.005793 East : -0.001591 Precision 1:53,559.07 Parcel name: 35 North: 7718.60612 East :7213.24736 Line Course: N 51-33-50 E Length: 60.00 North: 7755.90461 East :7260.24547 Line Course: N 38-26-10 W Length: 92.50 North: 7828.36003 East :7202.74363 Line Course: S 51-33-50 W Length: 60.00 North: 7791.06153 East :7155.74552 Line Course: S 38-26-10 E Length: 92.50 North: 7718.60612 East :7213.24736 Perimeter: 305.00 Area: 5,550SO.FT.0.1274ACRES Mapcheck Closure - {Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 36 North: 7755.90461 East :7260.24547 Line Course: N 51-33-50 E Length: 60.00 North: 7793.20311 East :7307.24358 Line Course: N 38-26-10 W Length: 92.50 North: 7865.65852 East :7249.74174 Line Course: S 51-33-50 W Length: 60.00 13 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7828.36003 East :7202.74363 Line Course: S 38-26-10 E Length: 92.50 North: 7755.90461 East :7260.24547 Perimeter: 305.00 Area: 5,550SQ.FT.0.1274ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 ----------------------------------------------------------------------- Parcel name: 37 North: 7793.20311 East :7307.24358 Line Course: N 51-33-50 E Length: 60.00 North: 7830.50160 East :7354.24169 Line Course: N 38-26-10 W Length: 92.50 North: 7902.95702 East :7296.73984 Line Course: S 51-33-50 W Length: 60.00 North: 7865.65852 East :7249.74174 Line Course: S 38-26-10 E Length: 92.50 North: 7793.20311 East :7307.24358 Perimeter: 305.00 Area:S,SSOSQ.FT.0.1274ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 38 North: 7830.50160 East :7354.24169 Line Course: N 51-33-50 E length: 60.00 North: 7867.80010 East :7401.23980 Line Course: N 38-26-10 W Length: 92.50 North: 7940.25551 East :7343.73795 Line Course: S 51-33-50 W Length: 60.00 North: 7902.95702 East :7296.73984 Line Course: S 38-26-10 E Length: 92.50 North: 7830.50160 East :7354.24169 Perimeter: 305.00 Area: 5,550SQ.FT.0.1274ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 -------------------------------------------------------------------------- Parcel name: 39 North: 7867.80010 East :7401.23980 Line Course: N 51-33-50 E Length: 60.00 North: 7905.09859 East :7448.23791 Line Course: N 38-26-10 W Length: 92.50 North: 7977.55401 East :7390.73606 Line Course: S 51-33-50 W Length: 60.00 North: 7940.25551 East :7343.73795 Line Course: S 38-26-10 E Length: 92.50 North: 7867.80010 East :7401.23980 14 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Perimeter: 305.00 Area: 5,550 SOFT. 0.1274 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00000 Course: S 90-00-00 E Error North: 0.000000 East :0.000000 Precision 1:305,000,000.00 Parcel name: 40 North: 7905.09859 East :7448.23791 Line Course: N 51-33-50 E Length: 42.59 North: 7931.57431 East :7481.59873 Curve Length: 17.43 Radius: 175.50 Detta:5-41-30 Tangent: 8.72 Chord: 17.43 Course: N5424-35 E Course In: S 38-26-10 E Course Out: N 32-44-40 W RP North: 7794.90484 East :7590.69683 End North: 7941.71639 East :7495.77013 Line Course: N 38-26-10 W Length: 93.37 North: 8014.85328 East :7437.72745 Line Course: S 51-33-50 W Length: 60.00 North: 7977.55478 East :7390.72934 Line Course: S 38-26-10 E Length: 92.50 North: 7905.09937 East :7448.23119 Perimeter: 305.89 Area: 5,555 SOFT. 0.1275 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00677 Course: N 83-25-16 W Error North: 0.000775 East : -0.006722 Precision 1:45,183.16 Parcel name: 41 North: 7941.71936 East :7495.77388 Curve Length: 35.86 Radius: 175.50 Delta: 11-42-26 Tangent: 17.99 Chord: 35.80 Course: N 63-06-33 E Course In: S 32-44-40 E Course Out: N 21-02-14 W RP North: 7794.10781 East :7590.70058 End North: 7957.91028 East :7527.70058 Curve Length: 40.83 Radius: 25.00 Detta:93-34-56 Tangent: 26.61 Chord: 36.44 Course: N 22-10-18 E Course In: N 21-02-14 W Course Out: N 65-22-50 E RP North: 7981.24396 East :7518.72622 End North: 7991.65870 East :7541.45359 Curve Length: 45.70 Radius: 272.00 Delta:9-37-38 Tangent: 22.91 Chord: 45.65 Course: N 29-25-59 W Course In: S 65-22-50 W Course Out: N 55-45-12 E RP North: 7878.34640 East :7294.17981 End North: 8031.41626 East :7519.02113 Curve Length: 57.54 Radius: 35.00 Delta:94-11-22 Tangent: 37.66 Chord: 51.27 Course: N 81-20-29 W Course In: S 55-45-12 W Course Out: N 38-26-10 W RP North: 8011.71977 East :7490.08934 End North: 8039.13533 East :7468.33188 Line Course: S 51-33-50 W Length: 39.06 North: 8014.85401 East :7437.73611 Line Course: S 38-26-10 E Length: 93.37 North: 7941.71712 East :7495.77879 15 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Perimeter: 312.36 Area: 6,684 SOFT. 0.1534 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00540 Course: S 65-31-01 E Error North: -0.002238 East :0.004914 Precision 1:57,844.44 Parcel name: 42 North: 7775.40364 East :7560.46901 Curve Length:39.88 Radius: 172.00 Delta: 13-17-07 Tangent: 20.03 Chord: 39.79 Course: N 07-16-04 E Course In: N 76-05-23 W Course Out: S 89-22-30 E RP North: 7816.75282 East :7393.51319 End North: 7814.87662 East :7565.50295 Line Course: N 00-37-30 E Length: 59.43 North: 7874.30309 East :7566.15122 Curve Length: 53.34 Radius: 25.00 Delta: 122-14-50 Tangent: 45.33 Chord: 43.78 Course: N 60-29-55 W Course In: N 89-22-30 W Course Out: N 31-37-20 W RP North: 7874.57579 East :7541.15271 End North: 7895.86388 East :7528.04480 Curve Length: 14.21 Radius: 119.50 Delta:6-48-50 Tangent: 7.11 Chord: 14.20 Course: S 54-58-15 W Course In: S 31-37-20 E Course Out: N 38-26-10 W RP North: 7794.10681 East :7590.70059 End North: 7887.71137 East :7516.41442 Line Course: S 51-33-50 W Length: 64.80 North: 7847.42900 East :7465.65646 Line Course: S 38-26-10 E Length: 113.45 North: 7758.56341 East :7536.18170 Line Course: N 55-15-33 E Length: 29.56 North: 7775.40863 East :7560.47228 Perimeter: 374.68 Area: 8,761 SQ.FT. 0.2011 ACRES Mapcheck Closure - (Uses ! is#ed courses, radii, and deltas) Error Closure: 0.00596 Course: N 33-17-58 E Error North: 0.004983 East :0.003273 Precision 1:62,864.09 Parcel name: 43 North: 7847.42890 East :7465.65507 Line Course: S 51-33-50 W Length: 67.00 North: 7805.77892 East :7413.17384 Line Course: S 38-26-10 E Length: 109.13 North: 7720.29719 East :7481.01359 Line Course: N 55-15-33 E Length: 67.14 North: 7758.55795 East :7536.18509 Line Course: N 38-26-10 W Length: 113.45 North: 7847.42354 East :7465.65985 Perimeter: 356.72 Area: 7,456 SOFT. 0.1712 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00719 Course: S 41-43-03 E Error North: -0.005366 East :0.004784 Precision 1:49,613.35 16 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: 44 North: 7805.77892 East :7413.17384 Line Course: S 51-33-50 W Length: 67.00 North: 7764.12893 East :7360.69262 Line Course: S 38-26-10 E Length: 104.80 North: 7682.03890 East :7425.84066 Line Course: N 55-15-33 E Length: 67.14 North: 7720.29966 East :7481.01216 Line Course: N 38-26-10 W Length: 109.13 North: 7805.78138 East :7413.17241 Perimeter: 348.06 Area: 7,166 SQ.FT. 0.1645 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00285 Course: N 30-08-34 W Error North: 0.002467 East : -0.001433 Precision 1:122,129.82 Parcel name: 45 North: 7764.12893 East :7360.69262 Line Course: S 51-33-50 W Length: 67.00 North: 7722.47895 East :7308.21140 Line Course: S 38-26-10 E Length: 100.47 North: 7643.78061 East :7370.66773 Line Course: N 55-15-33 E Length: 67.14 North: 7682.04137 East :7425.83923 Line Course: N 38-26-10 W Length: 104.80 North: 7764.13140 East :7360.69119 Perimeter: 339.41 Area: 6,877 SQ.FT. 0.1579 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00285 Course: N 30-08-34 W Error North: 0.002467 East : -0.001433 Precision 1:119,091.23 Parcel name: 46 North: 7722.47895 East :7308.21140 Line Course: S 51-33-50 W Length: 67.00 North: 7680.82896 East :7255.73018 Line Course: S 38-26-10 E Length: 96.14 North: 7605.52232 East :7315.49480 Line Course: N 55-15-33 E Length: 67.14 North: 7643.78308 East :7370.66630 Line Course: N 38-26-10 W Length: 100.47 North: 7722.48141 East :7308.20997 Perimeter: 330.75 Area: 6,587 SQ.FT. 0.1512 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00285 Course: N 30-08-34 W Error North: 0.002467 East : -0.001433 Precision 1:116,052.63 17 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Parcel name: 47 North: 7680.82896 East :7255.73018 Line Course: S 51-33-50 W Length: 67.00 North: 7639.17897 East :7203.24896 Line Course: S 38-26-10 E Length: 91.82 North: 7567.25620 East :7260.32809 Line Course: N 55-15-33 E Length: 67.14 North: 7605.51696 East :7315.49959 Line Course: N 38-26-10 W Length: 96.14 North: 7680.82359 East :7255.73496 Perimeter: 322.10 Area: 6,297 SQ.FT. 0.1446 ACRES Mapcheck Closure - (Uses fisted courses, radii, and deltas) Error Closure: 0.00719 Course: S 41-43-03 E Error North: -0.005366 East :0.004784 Precision 1:44,798.33 Parcel name: 48 North: 7639.17897 East :7203.24896 Line Course: S 51-33-50 W Length: 67.00 North: 7597.52899 East :7150.76774 Line Course: S 38-26-10 E Length: 87.49 North: 7528.99791 East :7205.15516 Line Course: N 55-15-33 E Length: 67.14 North: 7567.25867 East :7260.32666 Line Course: N 38-26-10 W Length: 91.82 North: 7639.18144 East :7203.24752 Perimeter: 313.45 Area: 6,007 SQ.FT. 0.1379 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00285 Course: N 30-08-34 W Error North: 0.002467 East : -0.001433 Precision 1:109,982.46 Parcel name: 49 North: 7597.52899 East :7150.76774 Line Course: S 51-33-50 W Length: 67.00 North: 7555.87900 East :7098.28651 Line Course: S 38-26-10 E Length: 83.16 North: 7490.73962 East :7149.98223 Line Course: N 55-15-33 E Length: 67.14 North: 7529.00038 East :7205.15373 Line Course: N 38-26-10 W Length: 87.49 North: 7597.53145 East :7150.76630 Perimeter: 304.79 Area: 5,717SQ.FT.0.1312ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00285 Course: N 30-08-34 W Error North: 0.002467 East : -0.001433 Precision 1:106,943.86 Parcel name: 50 iJorth: 7555.87900 East :7098.28651 line Course: S 51-33-50 W Length: 67.00 1R PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 7514.22901 East :7045.80529 Line Course: S 38-26-10 E Length: 78.84 North: 7452.47350 East :7094.81551 Line Course: N 55-15-33 E Length: 67.14 North: 7490.73425 East :7149.98701 Line Course: N 38-26-10 W Length: 83.16 North: 7555.87363 East :7098.29130 Perimeter: 296.14 Area: 5,427 SQ.FT. 0.1246 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00719 Course: S 41-43-03 E Error North: -0.005366 East :0.004784 Precision 1:41,187.76 Parcel name: 51 North: 7514.22901 East :7045.80529 Line Course: S 51-33-50 W Length: 27.45 North: 7497.16495 East :7024.30366 Curve Length:104.65 Radius: 69.50 Detta:8B-16-37 Tangent: 65.12 Chord: 95.04 Course: S 08-25-32 W Course In: S 38-26-10 E Course Out: S 55-17-13 W RP North: 7442.72548 East :7067.50775 End North: 7403.14753 East :7010.37775 Line Course: S 34-42-47 E Length: 7.58 North: 7396.91666 East :7014.69431 Line Course: N 55-15-33 E Length: 97.50 North: 7452.47853 East :7094.81378 Line Course: N 38-26-10 W Length: 78.84 North: 7514.23404 East :7045.80356 Perimeter: 316.02 Area: 6,304 SQ.FT. 0.1447 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00532 Course: N 19-02-22 W Error North: 0.005030 East : -0.001736 Precision 1:59,402.26 Parcel name: 52 North: 7396.91562 East :7014.69290 Line Course: S 34-42-47 E Length: 7.58 North: 7390.68475 East :7019.00946 Curve Length: 104.65 Radius: 69.50 Detta:86-16-37 Tangent: 65.12 Chord: 95.04 Course: S 77-51-05 E Course In: N 55-17-13 E Course Out: S 30.59-24 E RP North: 7430.26269 East :7076.13945 End North: 7370.68332 East :7111.92420 Line Course: N 59-00-36 E Length: 27.45 North: 7384.81701 East :7135.45591 Line Course: N 30-59-24 W Length: 78.93 North: 7452.48032 East :7094.81576 Line Course: S 55-15-33 W Length: 97.50 North: 7396.91845 East :7014.69629 Perimeter: 316.11 Area: 6,308 SOFT. 0.1448 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00442 Course: N 50-09-59 E Error North: 0.002834 East :0.003397 Precision 1:71,518.10 19 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28l2003 Parcel name: 53 North: 7384.81274 East :7135.45338 Line Course: N 59-00-36 E Length: 61.00 North: 7416.22094 East :7187.74607 Line Course: N 30-59-24 W Length: 82.93 North: 7487.31328 East :7145.04637 Line Course: S 55-15-33 W Length: fi1.13 North: 7452.47741 East :7094.81351 Line Course: S 30-59-24 E Length: 78.93 North: 7384.81410 East :7135.45366 Perimeter: 283.99 Area: 4,937 SQ.FT. 0.1133 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11-45-09 E Error North: 0.001359 East :0.000283 Precision 1:204,309.35 Parcel name: 54 North: 7416.22094 East :7187.74607 Line Course: N 59-00-36 E Length: 61.00 North: 7447.62913 East :7240.03875 Line Course: N 30.59-24 W Length: 86.93 North: 7522.15050 East :7195.27950 Line Course: S 55-15-33 W Length: 61.13 North: 7487.31464 East :7145.04665 Line Course: S 3D-59-24 E Length: 82.93 North: 7416.22230 East :7187.74635 Perimeter: 291.99 Area: 5,181 SQ.FT.0.1189ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11-45-09 E Error North: 0.001359 East :0.000283 Precision 1:210.064.75 Parcel name: 55 North: 7447.62913 East :7240.03875 Line Course: N 59-00-36 E Length: 61.00 North: 7479.03733 East :7292.33144 Line Course: N 30-59-24 W Length: 90.93 North: 7556.98773 East :7245.51263 Line Course: S 55-15-33 W Length: 61.13 North: 7522.15186 East :7195.27978 Line Course: S 30-59-24 E Length: 86.93 North: 7447.63049 East :7240.03904 Perimeter: 299.99 Area: 5,425 SQ.FT. 0.1245 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11-45-09 E Error North: 0.001359 East :0.000283 Precision 1:215,820.14 20 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E'02/28/2003 Parcel name: 56 North: 7479.03733 East :7292.33144 Line Course: N 59-00-36 E Length: 61.00 North: 7510.44553 East :7344.62413 Line Course: N 30-59-24 W Length: 94.93 North: 7591.82495 East :7295.74577 Line Course: S 55-15-33 W Length: 61.13 North: 7556.98909 East :7245.51292 Line Course: S 30-59-24 E Length: 90.93 North: 7479.03869 East :7292.33172 Perimeter: 307.99 Area: 5,669 SQ.FT. 0.1301 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11-45-09 E Error North: 0.001359 East :0.000283 Precision 1:221,575.54 Parcel name: 57 North: 7510.44553 East :7344.62413 Line Course: N 59-00.36 E length: 61.00 North: 7541.85372 East :7396.91682 Line Course: N 30-59-24 W Length: 98.93 North: 7626.66218 East :7345.97890 Line Course: S 55-15-33 W Length: 61.13 North: 7591.82631 East :7295.74605 Line Course: S 30.59-24 E Length: 94.93 North: 7510.44689 East :7344.62441 Perimeter: 315.98 Area: 5,913 SQ.FT. 0.1357 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11-45-09 E Error North: 0.001359 East :0.000283 Precision 1:227,330.94 Parcel name: 58 North: 7541.85372 East :7396.91682 Line Course: N 59-00-36 E Length: 61.00 North: 7573.26192 East :7449.20951 Line Course: N 30-59-24 W Length: 102.93 North: 7661.49940 East :7396.21204 Line Course: S 55-15-33 W Length: 61.13 North: 7626.66354 East :7345.97918 Line Course: S 30-59-24 E Length: 98.93 North: 7541.85508 East :7396.91710 Perimeter: 323.98 Area: 6,156 SQ.FT. 0.1413 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11-45-09 E Error North: 0.001359 East :0.000283 Precision 1:233,086.33 Parcel name: 59 North: 7573.26192 East :7449.20951 Line Course: N 59-00-36 E Length: 61.00 21 PLAT OF HAWKS LANDING -CLOSURES JN:2497`NE25-17-1 E*02/28/2003 North: 7604.67012 East :7501.50219 Line Course: N 30-59-24 W Length: 106.92 North: 7696.32805 East :7446.45032 Line Course: S 55-15-33 W Length: 61.13 North: 7661.49219 East :7396.21747 Line Course: S 30-59-24 E Length: 102.93 North: 7573.25471 East :7449.21494 Perimeter: 331.98 Area: 6,400 SOFT. 0.1469 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00903 Course: S 36-58-45 E Error North: -0.007213 East :0.005432 Precision 1:36,764.12 Parcel name: 60 North: 7604.67012 East :7501.50219 Line Course: N 59-00-36 E Length: 30.08 North: 7620.15796 East :7527.28849 Curve Length:16.88 Radius: 530.50 DeRa:1-49-25 Tangent: 8.44 Chord: 16.88 Course: N 59-55-19 E Course In: S 30-59-24 E Course Out: N 29-09-59 W RP North: 7165.38303 East :7800.43682 End North: 7628.61993 East :7541.89897 Curve Length: 31.81 Radius: 25.00 Delta: 72-5446 Tangent: 18.47 Chord: 29.71 Course: N 2422-38 E Course In: N 29-09-59 W Course Out: N 77-55-15 E RP North: 7650.45014 East :7529.71528 End North: 7655.68171 East :7554.16177 Curve Length: 113.58 Radius: 228.00 Delta:28-32-32 Tangent: 57.99 Chord: 112.41 Course: N 02-11-31 E Course In: N 77-55-15 E Course Out: N 73-32-13 W RP North: 7703.39368 East :7777.11371 End North: 7768.00820 East :7558.46110 Curve Length: 7.66 Radius: 172.00 Detta:2-33-10 Tangent: 3.83 Chord: 7.66 Course: N 15-11-12 E Course In: N 73-32-13 W Course Out: S 76-OS-23 E RP North: 7816.75250 East :7393.51264 End North: 7775.40332 East :7560.46846 Line Course: S 55-15-33 W Length: 138.76 North: 7696.32881 East :7446.44408 Line Course: S 30-59-24 E Length: 106.92 North: 7604.67088 East :7501.49596 Perimeter: 445.70 Area : 10,262 SOFT. 0.2356 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00628 Course: N 83-03-30 W Error North: 0.000759 East : -0.006238 Precision 1:70,969.75 Parcel name: Boundary North: 8148.54522 Line Course: S 08-46-4 North: 8111.89960 Curve Length: 37.22 Delta: 21-58-51 Chord: 37.00 East :7606.19418 3 E Length: 37.08 East :7611.85322 Radius: 97.03 Tangent: 18.84 Course: S 19-46-08 E 22 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28l2003 Course In: N 81-13-17 E Course Out: S 59-14-26 W RP North: 8126.70802 East :7707.74655 End North: 8077.08351 East :7624.36653 Line Course: S 00-37-30 W Length: 127.65 North: 7949.44110 East :7622.97411 Line Course: S 66-3430 E Length: 713.23 North: 7665.89773 East :8277.42059 Line Course: S ~-37-30 W Length: 173.29 North: 7492.61804 East :8275.53032 Line Course: N 89-13-43 W Length: 657.50 North: 7501.46987 East :7618.08991 Line Course: S 59-00-36 W Length: 819.79 North: 7079.36946 East :6915.31905 Line Course: N 40-1450 W Length: 261.05 North: 7278.61947 East :6746.65804 Line Course: N 00-47-16 E Length: 189.87 North: 7468.47153 East :6749.26854 Line Course: N 51-33-50 E Length: 1093.99 North: 8148.54121 East :7606.19290 Perimeter: 4110.68 Area: 678,865SO.FT.15.5846ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00422 Course: S 17-43-48 W Error North: -0.004017 East : -0.001284 Precision 1:974,092.42 Parcel name: CL Carter Ct North: 7621.14373 East :7594.81029 Curve Length: 317.49 Radius: 500.00 Defta:36-22-55 Tangent: 164.30 Chord: 312.18 Course: N 83-5426 E Course In: S 2417-01 E Course Out: N 12-OS-54 E RP North: 7165.38325 East :7800.43711 End North: 7654.27792 East :7905.23217 Line Course: S 77-5406 E Length: 242.53 North: 7603.44603 East :8142.37542 Line Course: S 12-05-54 W length: 19.50 North: 7584.37913 East :8138.28841 Line Course: S 77-41-02 W Length: 50.00 North: 7573.71388 East :8089.43913 Curve Length: 28.62 Radius: 25.00 Delta: 65-35-08 Tangent: 16.11 Chord: 27.08 Course: N 45-06-32 W Course In: S 77-41-02 W Course Out: N 12-05-54 E RP North: 7568.38125 East :8065.01449 End North: 7592.82598 East :8070.25424 Line Course: N 77-5406 W Length: 174.24 North: 7629.34497 East :7899.88423 Curve Length: 245.22 Radius: 474.50 Delta:29-36-38 Tangent: 125.41 Chord: 242.50 Course: S 87-17-35 W Course In: S 12-05-54 W Course Out: N 17-30-44 W RP North: 7165.38393 East :7800.43372 End North: 7617.89217 East :7657.65228 Curve Length: 42.22 Radius: 25.00 Delta:96-46-17 Tangent: 28.14 Chord: 37.38 Course: S 24-06-07 W Course In: S 17-30.44 E Course Out: S 65-42-59 W RP North: 7594.05085 East :7665.17502 End North: 7583.76951 East :7642.38699 Line Course: S 2417-01 E Length: 91.20 North: 7500.63880 East :7679.89332 Line Course: N 89-13-43 W Length: 30.91 North: 7501.05494 East :7648.98613 Line Course: N 2417-01 W Length: 131.75 23 PLAT OF HAWKS LANDING -CLOSURES JN:2497`'NE25-17-1 E*02/28/2003 North: 7621.14782 East :7594.80346 Perimeter: 1373.69 Area: 17,684 SOFT. 0.4060 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.00797 Course: N 59-OZ-40 W Error North: 0.004099 East : -0.006833 Precision 1: 172,356.34 Parcel name: CL Carter Loop North: 7947.15103 East :7586.18250 Line Course: S 76-4429 W Length: 30.70 North: 7940.11008 East :7556.30081 Curve Length:65.91 Radius:150.00 Delta:25-10-39 Tangent: 33.50 Chord: 65.39 Course: 5 64-09-09 W Course In: S 13-15-31 E Course Out: N 38-26-10 W RP North: 7794.10836 East :7590.70282 End North: 7911.60364 East :7497.45658 Line Course: S 51-33-50 W Length: 628.25 North: 7521.05731 East :7005.34721 Curve Length:150.58 Radius: 100.00 Delta:86-16-37 Tangent: 93.70 Chord: 136.75 Course: S OS-25-32 W Course In: S 38-26-10 E Course Out: S 55-17-13 W RP North: 7442.72713 East :7067.51137 End North: 7385.78044 East :6985.30994 Line Course: S 3442-47 E Length: 15.16 North: 7373.31871 East :6993.94306 Curve Length:150.58 Radius: 100.00 Delta: 86-16-37 Tangent: 93.70 Chord: 136.75 Course: S 77-51-05 E Course In: N 55-17-13 E Course Out: S 30-59-24 E RP North: 7430.26539 East :7076.14449 End North: 7344.53967 East :7127.63333 Line Course: N 59-00-36 E Length: 484.53 North: 7594.01858 East :7543.00015 Curve Length: 58.52 Radius: 500.00 Delta:6-42-23 Tangent: 29.30 Chord: 58.49 Course: N 62-21-47 E Course In: S 30-59-24 E Course Out: N 24-17-01 W RP North: 7165.38999 East :7800.44438 End North: 7621.15047 East :7594.81756 Curve Length:142.23 Radius: 200.00 Detta:40-4448 Tangent: 74.27 Chord: 139.25 Course: N 03-5437 W Course In: N 65-42-59 E Course Out: N 73-32-13 W RP North: 7703.40119 East :7777.12175 End North: 7760.08060 East :7585.32122 Curve Length: 55.29 Radius: 200.00 Delta:15-50-17 Tangent: 27.82 Chord: 55.11 Course: N 08-32-38 E Course In: N 73-32-13 W Course Out: S 89-22-30 E RP North: 7816.76001 East :7393.52068 End North: 7814.57839 East :7593.50879 Line Course: N 00-37-30 E Length: 60.51 North: 7875.08479 East :7594.16883 Curve Length: 72.69 Radius: 300.00 DeRa:13-53-01 Tangent: 36.53 Chord: 72.52 Course: N 06-19-01 W Course In: N 89-22-30 W Course Out: N 76-4429 E RP North: 7878.35722 East :7294.18668 End North: 7947.16122 East :7586.19012 Perimeter: 1914.97 Area: 177,651 SQ.FT. 4.0783 ACRES 24 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01273 Course: N 36-47-23 E Error North: 0.010195 East :0.007624 Precision 1:150,428.12 Parcel name: CL Carter St North: 8078.69219 East :7518.17561 Line Course: S 38-26-10 E Length: 17.69 North: 8064.83558 East :7529.17245 Curve Length: 204.52 Radius: 300.00 Delta: 39-03-40 Tangent:106.42 Chord: 200.59 Course: S 18-5420 E Course In: S 513-50 W Course Out: S 89-22-30 E RP North: 7878.34311 East :7294.18190 End North: 7875.07068 East :7594.16406 Line Course: S 00-37-30 W Length: 60.51 North: 7814.56428 East :7593.50401 Curve Length: 55.29 Radius: 200.00 Delta:15-50-17 Tangent: 27.82 Chord: 55.11 Course: S 08-32-38 W Course In: N 89-22-30 W Course Out: S 73-32-13 E RP North: 7816.74590 East :7393.51591 End North: 7760.06649 East :7585.31644 Curve Length: 142.23 Radius: 200.00 Delta: 40-4448 Tangent: 74.27 Chord: 139.25 Course: S 03-5437 E Course In: S 73-32-13 E Course Out: S 65-42-59 W RP North: 7703.38708 East :7777.11697 End North: 7621.13635 East :7594.81278 Line Course: S 2417-01 E Length: 131.75 North: 7501.04347 East :7648.99545 Line Course: S 89-13-43 E Length: 626.59 North: 7492.60777 East :8275.52866 Line Course: N 00-37-30 E Length: 173.29 North: 7665.88746 East :8277.41893 Line Course: N 66-3430 W Length: 713.23 North: 7949.43083 East :7622.97245 Line Course: N 00-37-30 E Length: 127.65 North: 8077.07324 East :7624.36487 Curve Length: 37.22 Radius: 97.03 Delta: 21-58-51 Tangent: 18.84 Chord: 37.00 Course: N 19-46-08 W Course In: N 59-1426 E Course Out: S 81-13-17 W RP North: 8126.69775 East :7707.74490 End North: 8111.88933 East :7611.85156 Line Course: N 08-46-43 W Length: 37.08 North: 8148.53496 East :7606.19253 Line Course: S 51-33-50 W Length: 49.78 North: 8117.58964 East :7567.19976 Line Course: S 51-33-50 W Length: 62.59 North: 8078.68109 East :7518.17290 Perimeter: 2439.42 Area: 226,851 SOFT. 5.2078 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas) Error Closure: 0.01143 Course: S 13-42-52 W Error North: -0.011101 East : -0.002709 Precision 1:213,422.57 Parcel name: Tract A North: 8148.54522 East :7606.19418 Line Course: S 51-33-50 W Length: 49.78 25 PLAT OF HAWKS LANDING -CLOSURES JN:2497*NE25-17-1 E*02/28/2003 North: 8117.59990 East :7567.20142 Curve Length: 53.31 Radius: 35.00 Detta:87-15-58 Tangent: 33.37 Chord: 48.30 Course: S 07-55-51 W Course In: S 38-26-10 E Course Out: S 5417-52 W RP North: 8090.18434 East :7588.95888 End North: 8069.75930 East :7560.53674 Curve Length: 51.32 Radius: 328.00 Delta:8-57-55 Tangent: 25.71 Chord: 51.27 Course: S 31-13-10 E Course In: S 54-17-52 W Course Out: N 63-15-47 E RP North: 7878.34745 East :7294.18077 End North: 8025.91299 East :7587.11150 Line Course: N 56-54-15 E Length: 44.12 North: 8050.00432 East :7624.07340 Line Course: N 00-37-30 E Length: 27.08 North: 8077.08271 East :7624.36879 Curve Length: 37.22 Radius: 97.03 Delta: 21-58-51 Tangent: 18.84 Chord: 37.00 Course: N 19-46-08 W Course In: N 59-14-26 E Course Out: S 81-13-17 W RP North: 8126.70723 East :7707.74882 End North: 8111.89881 East :7611.85548 Line Course: N 08-46-43 W Length: 37.08 North: 8148.54443 East :7606.19645 Perimeter: 299.92 Area: 5,283 SOFT. 0.1213 ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas} Error Closure: 0.00240 Course: S 70-39-52 E Error North: -0.000793 East :0.002261 Precision 1:124,962.50 Parcel name: Tract B North: 7636.15919 East :7741.10448 Curve Length: 85.54 Radius: 474.50 Delta:l0-19-44 Tangent: 42.89 Chord: 85.42 Course: S 77-39-08 W Course In: S 07-11-00 E Course Out: N 17-30-44 W RP North: 7165.38349 East :7800.43816 End North: 7617.89173 East :7657.65673 Curve Length: 42.22 Radius: 25.00 Delta:96-46-17 Tangent: 28.14 Chord: 37.38 Course: S 24-06-07 W Course In: S 17-30-44 E Course Out: S 65-42-59 W RP North: 7594.05041 East :7665.17946 End North: 7583.76907 East :7642.39143 Line Course: S 24-17-Ot E Length: 91.20 North: 7500.63836 East :7679.89777 Line Course: S 89-13-43 E Length: 93.26 North: 7499.38281 East :7773.14931 Line Course: N 12-05-54 E Length: 39.45 North: 7537.95660 East :7781.41764 Line Course: N 77-54-06 W Length: 60.00 North: 7550.53201 East :7722.75028 Line Course: N 12-OS-54 E Length: 87.58 North: 7636.16680 East :7741.10619 Perimeter: 499.25 Area: 11,610SO.FT.0.2665ACRES Mapcheck Closure - (Uses listed courses, radii, and deltas} Error Closure: 0.00780 Course: N 12-38-16 E Error North: 0.007608 East :0.001706 Precision 1:64,006.41 7S City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Barb Bange From: Tami Me an; ssistant Planner Date: March 5, 2003 Re: Refund, overpayment ~;'~ Barb: 1, ~~ v ~j ~: I overcharched Mr. Dan Bruno for his LID Segregation Application fee. Mr. Bruno paid $2,500.00 on February 3, 2003, City of Yelm Receipt No. 26050. The actual amount that should have been paid was $2,250.00. Please issue a refund check, payable to Heritage Homes & Land, Inc., P.O. Box 1296, Eatonville, WA 98328 in the amount of $250.00. Thanks Barb, Tami ~ ~/ ~~ , 0 D ~ ~ 1 5 ~--~ 3/~ Document i" `C'' °~6 BAR #~~'~ . ~'~~ - ~~~ °k BARS # ___.~- City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Barb Bange From: Tami Merriman, Assistant Planner Date: March 5, 2003 Re: Refund, overpayment Barb: I overcharched Mr. Dan Bruno for his LID Segregation Application fee. Mr. Bruno paid $2,500.00 on February 3, 2003, City of Yelm Receipt No. 26050. The actual amount that should have been paid was $2,250.00. Please issue a refund check, payable to Heritage Homes & Land, Inc., P.O. Box 1296, Eatonville, WA 98328 in the amount of $250.00. Thanks Barb, Tami Document3 .Y . {' [5 Q O4 THE p~=^Oi ~~~y/~~ ~~ - 8 ~~ P.O.Box479 26050 YeIm,V'JA 98597 ~~~~~~ ~ ~~• ~~,,~ 360-458-3403 RECEIVED '***SIXTY THOUSAND TWO HUNDRED SEVENTY FIVE DOLLARS & 33 CENTS RECEIVED rROhA DATE RcC. N0. A~+tOU~! i REQ. NO. HERITAGE HOME AND LAND 02/03/03 26050 60,275.33 CHECK PO BOX 1269 EATONVILLE WA 98328-1269 MISCELLANEOUS RECEIPT JANINE Cv/A T.ATF:C' ~1"19A "~~ 47TR T.ATFI'' 1'~7~"119 G11-0195 T,TI) 10500.71. 01-09E 9022 10500,71 :.`G a l~~ ~~#I~~ ( ~~~ Public Finance, Inc. Specializing in LID 14dministration Tami Merriman Community Development City of Yelm PO Box 479 Yelm, WA 98597 i ~ ;„~~~ INVOICE No. 000626 DATE: March 1, 2003 .~ `' f^ ~ l iii MAt? 0 4 103 DESCRIPTION OF SERVICES AMOUNT DUE LID Assessment Segregation -Willow Glenn Assessment Segregation Base Fee $1,000.00 First 10 parcels @ no charge 0.00 Next 50 parcels ~ $25 each 1,250.00 Please make checks payable to: Public Finance Inc. 17519 N E 137th Street Redmond, WA 98052-2182 TATAL AMOUNT DUE $2,250.00 If you have any questions concerning this invoice, contact Rick Knopt at (425) 885-1604. THANK YOU! City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Date: March 5, 2003 To: Mayor Rivas, and City Council From: Tami Merriman, Assistant Planner Re: LID Segregation for Hawks Landing Attachments: • Application for Segregation of LID Assessment • Resolution No. 435 • Exhibit A -Current Parcel Configuration Map • Exhibit B -Revised Parcel Configuration Map • Exhibit C -Segregation of Assessment • Exhibit D - RCW § 35.44.410 SUBJECT Resolution No. 435 authorizing the segregation of the local improvement district assessment and re-allocation of Equivalent Residential Units for Thurston County tax parcel numbers 21 7251 1 1 000, 21725120000 and 21725120100. This property is located within the boundary of Utility Local Improvement District No. 1. FISCAL IMPACT The number of Equivalent Residential Units currently assigned to this parcel is 60 and all previously billed local improvement district installments have been paid. The estimated value of the property involved is sufficient in the unlikely event that foreclosure should become necessary to collect any future delinquent principal and interest payments. The applicant, Heritage Homes & Land Inc. has submitted the required application and fee for processing the segregation request. LEGAL CONSIDERATION Section 35.44.410 of the Revised Code of Washington requires that requests for segregation be approved by City Council action. This action will segregate and proportionally distribute the existing assessment for Utility Local Improvement District No. 1 upon real property as recorded by the Thurston County Assessor's Office. The City of Yelm is an Equal Opportunity Provider BACKGROUND On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington stipulates that "segregation shall be made as nearly as possible on the same basis as the original assessment." Each parcel shall be allotted one Equivalent Residential Unit and the assessment is therefore divided equally between each of the newly configured parcels benefiting from the improvements. EFFECTIVE DATE This resolution will become effective immediately upon adoption by the City Council. RECOMMENDATION Staff recommends adoption of Resolution No. 435authorizing the requested segregation of the original assessment in Utility Local Improvement District No. 1. .~~,. CITY OF YELM APPLICATION TO SEGREGATE LID ASSESSMENT PLEASE COMPLETE AND City of Yelm, Community Development Department RETURN THIS FORM TO: 105 Yelm Ave. W, P.O. Box 479, Yelm, WA 98597 Property Owner: Dan Bruno,_Heritage Homes and Land, Inc. Mailing Address: P.O. Box 1269 City, St., Zip: Eatonville, WA 98328 Telephone: (360 ) 832-8877 Current Parcels Tax Parcel No. Current Assessment Amount 21725120000 $36,463.00 2172 120100 $36,463.00 2172 111000 $36.463.00 (if additional space is required, Tease attacl New Parcel Description I Number of ERU's Lots 1 - 60 the requested information on a separate sheet) 1. The undersigned holds an ownership interest in the above referenced parcels(s) located within a local improvement district in the City of Yelm, Thurston County, Washington. 2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in accordance with the new property configuration. 3. This application for segregation of assessment is made under the provisions of § 35.44.410 of the Revised Code of Washington. / ~ App/plicant (please print) Sign ur Date H~i~'~~~~ ~~1~s ~~/~ ~ ~ 3 ~3 ASSESSMENT SEGREGATION FEE A segregation fee is due per § 35.44.410 of the Revised Code of Washington as a condition of final map approval. The fee for less than 6 new parcels is $850. For segregation requests resulting in 6 or more new parcels, the fee is $1,000 plus $25 for each parcel over 10 parcels. Please include payment with this completed form. Questions may be directed to Public Finance at (425) 885-1604. ~~~(~ . i ~,, //-- CITY USE: RECEIPT # ~P S~ _ DATE: 3 BY:~_ Exhibit C Segregation of Assessment CITY OF YELM, WASHINGTON Utility Local Improvement District No. 1 ORIGINAL ASSESSMENT Account Tax Parcel Number Assessment ERUs Balance Property Owner 01-095 21725111000 $36,463.00 20 $29,170.39 Heritage Homes & Land Inc. 01-096 21725120000 $36,463.00 20 $29,170.39 Heritage Homes & Land Inc. 01-106 21725120100 $36,463.00 20 $29,170.39 Heritage Homes & Land Inc. $109,389.00 60 $87,511.17 AMENDED ASSESSMENTS Account Parcel Description Assessment ERUs Balance Property Owner 01-095-01 Hawks Landing, Lot 1 $1,823.15 1 $1,458.52 Heritage Homes & Land Inc. 01-095-02 Hawks Landing, Lot 2 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-03 Hawks Landing, Lot 3 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-04 Hawks Landing, Lot 4 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-05 Hawks Landing, Lot 5 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-06 Hawks Landing, Lot 6 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-07 Hawks Landing, Lot 7 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-08 Hawks Landing, Lot 8 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-09 Hawks Landing, Lot 9 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-10 Hawks Landing, Lot 10 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-11 Hawks Landing, Lot 11 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-12 Hawks Landing, Lot 12 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-13 Hawks Landing, Lot 13 1,823.15 1 1,458.52 Heritage Homes & land Inc. 01-095-14 Hawks Landing, Lot 14 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-15 Hawks Landing, Lot 15 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-16 Hawks Landing, Lot 16 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-17 Hawks Landing, Lot 17 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-18 Hawks Landing, Lot 18 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-19 Hawks Landing, Lot 19 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-20 Hawks Landing, Lot 20 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-21 Hawks Landing, Lot 21 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-22 Hawks Landing, Lot 22 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-23 Hawks Landing, Lot 23 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-24 Hawks Landing, Lot 24 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-25 Hawks Landing, Lot 25 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-26 Hawks Landing, Lot 26 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-27 Hawks Landing, Lot 27 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-28 Hawks Landing, Lot 28 1,823.15 1 1,458.52 Heritage Homes & Land Inc. Page 1 of 2 AMENDED ASSESSMENTS Account Parcel Description Assessment ERUs Balance Property Owner 01-095-29 Hawks Landing, Lot 29 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-30 Hawks Landing, Lot 30 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-31 Hawks Landing, Lot 31 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-32 Hawks Landing, Lot 32 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-33 Hawks Landing, Lot 33 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-34 Hawks Landing, Lot 34 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-35 Hawks Landing, Lot 35 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-36 Hawks Landing, Lot 36 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-37 Hawks Landing, Lot 37 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-38 Hawks Landing, Lot 38 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-39 Hawks Landing, Lot 39 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-40 Hawks Landing, Lot 40 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-41 Hawks Landing, Lot 41 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-42 Hawks Landing, Lot 42 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-43 Hawks Landing, Lot 43 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-44 Hawks Landing, Lot 44 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-45 Hawks Landing, Lot 45 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-46 Hawks Landing, Lot 46 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-47 Hawks Landing, Lot 47 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-48 Hawks Landing, Lot 48 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-49 Hawks Landing, Lot 49 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-50 Hawks Landing, Lot 50 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-51 Hawks Landing, Lot 51 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-52 Hawks Landing, Lot 52 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-53 Hawks Landing, Lot 53 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-54 Hawks Landing, Lot 54 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-55 Hawks Landing, Lot 55 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-56 Hawks Landing, Lot 56 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-57 Hawks Landing, Lot 57 1,823.15 1 1,458.52 Heritage Homes & Land Inc. 01-095-58 Hawks Landing, Lot 58 1,823.15 1 1,458.51 Heritage Homes & Land Inc. 01-095-59 Hawks Landing, Lot 59 1,823.15 1 1,458.51 Heritage Homes & Land Inc. 01-095-60 Hawks Landing, Lot 60 1,823.15 1 1,458.51 Heritage Homes & Land Inc. 60 Assessed Parcels $109,389.00 60 $87,511.17 Page 2 of 2 Exhibit A -Current Parcel Configuration Map HAWKS LANDING SUBDIVISION TOTAL ACREAGE 15.58 60 RESIDENTIAL LOTS N Exhibit B -Revised Parcel Configuration Map HAWKS LANDING SUBDIVISION TOTAL ACREAGE 15.58 60 RESIDENTIAL LOTS N jS O~ Oyu 9LF ,`O~~ F ~G~ 0~ y~ 104TH AVE SE G~ ~~ ~yp1 r~ y ~ti 9G F ,. „.. F ~. 107TH LP SE w 0 J ..t g FOX HILt RD SE ! ., „ ~ ,~.~, Exhibit D - RCW 35.44.410 RCW 35.44.410 Segregation of assessments. Whenever any land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the legislative authority thereof determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered a fee of ten dollars for each tract of land for which a segregation is to be made. In addition to such charge the legislative authority of the city or town may require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city or town shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment. [1969 ex.s. c 258 § 10.] r ~ I/ OF 'LHF ip.~~ • 0 9, Ci o Yelyn a ~~ r 105 Yelm Avenue West y P.O. Box 479 ~'< . YELM ~ WASNINOTON Yelm, Washington 98597 (360) 458-3244 Date: March 5, 2003 To: Mayor Rivas, and City Council From: Tami Merriman, Assistant Planner Re: Final Plat for Hawks Landing, SUB-03-8333-YL Staff Recommendation: Staff recommends City Council approve the final plat for Hawks Landing, SUB-03-8333-YL, subject to the conditions below. Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that as, conditioned, the final plat meets all conditions of the preliminary approval. Background: The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project on December 13, 2000. The project has now completed construction, and the applicant filed an application for final plat on February 3, 2003. Applicant: Dan Bruno, Heritage Homes and Land, Inc. Proposal: 60 lot, Residential Subdivision Final Plat Approval Location: 14720 and 15130 SE SR507. The project site is located on State Highway 507, south of Mill Road. Conditions of Final Plat Approval: 1. The applicant has provided an "Agreement Waiver of Protest and Special Power of Attorney" to defer the required frontage improvements on State Highway 507, as required in approval numbers 14 & 15 below. Washington State Department of Transportation (WDOT) does not allow paving between the months of October to April. The applicant submitted plans to WDOT for approval. The plans were not approved in time to allow for this work to be completed prior to October. The applicant has provided a Waiver of Protest, and Bond sufficient to cover the cost of this construction, and intends to complete the work this spring. 2. The applicant has 60 ERU's that were designated to these parcels as part of the Local Improvement District. The applicant has applied for an L1D Segregation, to assign the L1D Assessments to the individual lots. 3. The Applicant has completed the landscaping as required in approval number 22, however, the hydroseeding was applied very late in the season. The applicant has provided a Letter of Credit and Assignment for grass seeding The assigned savings allows for reseeding in the spring if necessary. 1 T{te City of Yehrt is nn Ecjunl Opportunity Provider Original Conditions of Approval: Sewer 1. The property is located within the Mill Pond LID District. This property has been assessed a total of 60 ERU's within the LID. ERU's within the LID are at a cost of $1,823.15/ERU, paid on an annual basis over 15 years. In addition, the number of ERU's in the LID are charged a hook-up fee of $2,480 (fee subject to change) at the time of building permit issuance. Remaining ERU's are charged at the current rate of $4,850/ERU, payable at building permit issuance. All ERU's require an inspection with a fee of $145.00 per ERU also payable at building permit issuance. Complete: The applicant is current on his LID Assessment payments. The applicant has completed an application to segregate the 60 assessments to one assessment per new lot. Payment of the sewer connection fee will be as follows: each lot was based on the original assessment amount of $1823.15. The current balance owing on each lot is now $1,458.52. The current fee for residential connection, with an existing LID, is $2,620.00. This fee is subject to change, and is payable at building permit issuance. Public Finance, Inc., administrators of the LID, has completed the paper work and resolution necessary for the transfer. The City Council will need to approve and adopt the resolution concurrently with the Final Plat. 2. 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: The existing sewage systems were completely removed during construction. 3. The property is subject to a latecomer's agreement between the City of Yelm and Nisqually Estates dated January 13, 1999, for a sewer line extension. The applicant shall pay the latecomer in the amount of $$11,798.32 prior to final plat approval. Complete: The latecomer's payment has been made and recorded with Thurston County. 4. The S.T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. Complete: The S.T.E.P. System has been installed, and inspected by the City. The applicant has provided a standard warranty agreement. Water 5. The Proponent shall connect to the City's water system. There is an existing 10" watermain located along Highway 507. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000/ERU (fee subject to change) inside city limits. One ERU would be charged to each. residential building lot. These fees are payable at building permit issuance. Complete: The Water lines have been installed, and inspected by the City. The applicant has provided a standard warranty agreement. 2 6. Existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review. Complete: The applicant has abandoned the existing wells on site. The applicant has provided a water well report certifying well decommissioning. 7. Water rights for the abandoned wells shall be dedicated to the City of Yelm. Complete: There were no water rights for these wells. 8. The property is subject to a latecomer's agreement between the City of Yelm and Nisqually Estates dated January 13, 1999, for a water main extension. The applicant shall pay the latecomer in the amount of $13,711.19 prior to final plat approval. Complete: The latecomer's payment has been made and recorded with Thurston County. 9. All 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 Public Works Department for review and approval. Complete: Irrigation meter, serving all planting strips located further than 75 feet from future hose bib connections has been installed. The approximately 1.08 acre open space area was not irrigated as: the recreational use (basketball court) did not require irrigation; the open space serves as a reserve area for the future SR 510/507 Loop; and for potable water conservation purposes. Stormwater 10. 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: The stormwater system design and construction has been approved by the City. 11. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. Complete: Stormwater maintenance agreement complete. 12. 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: Stormwater maintenance agreement is complete, and will be recorded with the final plat. 13. WSDOT will only accept surface water runoff equal in quality and quantity to that of the pre- developed site. Any additional surface water runoff generated, impacting State property, will require appropriate stormwater mitigation in accordance with the Department of Ecology's Stormwater Management Manual. Complete: The stormwater system has been inspected and approved by the City. 3 Transportation 14. The applicant shall complete all street improvements as identified in the Mitigated Determination of NonSignificance. Complete: Mitigation included Highway 507 improvements and school district mitigation, The school mitigation has been recorded with Thurston County. The applicant has submitted a waiver of protest and bond for Highway 507 improvements. 15. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Highway 507 shall be consistent with the section "major arteriaP'. Interior street improvements shall be consistent with the section "local access residentiaP'. Complete: The applicant has submitted a waiver of protest and bond for Highway 507 improvements. 16. The proponent 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 proponent will be responsible for a TFC of $757.50 which is payable at time of building permit. Complete: The TFC charges are payable at building permit issuance. The traffic impact for the commercial use shall be determined at the time of a proposed use and land use application for the site. **The applicant has not submitted any plans for the commercial site. It will be reviewed separately from this final plat process. Fire 17. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. Completed 18. The applicant shall submit a fire hydrant plan to for review and approval. Completed Lot Setbacks 19. The applicant shall submit a plat map with building envelopes to ensure all setbacks can be obtained. Completed Open Space 20. The applicant shall provide open space on site in the location and equivalent to the area required for the future Y2 right-of-way. Completed 4 21. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. Complete: The applicant has provided landscaping and installed a basketball play area. Landscaping 22. The applicant shall submit a final landscaping plan to include the perimeter of the project site, planter strips, open space and stormwater facilities. Completed Environmental 23. The applicant shall comply with the mitigation of the MDNS issued on October 19, 2000. Completed Subdivision Name and Property Addresses 24. The applicant shall submit a subdivision name. The City will forward the name to the Thurston County Records Department for approval. Completed 25. Prior to the submission final plat application, the applicant will provide the Building Department with a plat map for addressing. Completed General Public Works 26. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. All lighting design will be submitted to Puget Sound Energy for review and approval. Complete: Interior street lighting is complete. Highway 507 lighting is part of the Waiver of Protest and bond. 27. The applicant shall submit a grading plan for review and approval prior to any on-site grading. Completed 28. 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. Completed: Buildings moved from site, not demolished. 29. The applicant shall submit a demolition plan for all structures on the project site. The demolition plans shall address the presence of asbestos and lead paint. Any buildings 5 containing asbestos and/or lead paint shall be demolished in accordance with all applicable state and federal laws and regulations. Completed: Buildings moved from site, not demolished. Staff Recommendation: Staff recommends that City Council: Approve the final subdivision of Hawks Landing (SUB-03-8333-YL), as submitted, and accept a bond and Waiver of Protest for required improvements to State Highway 507; Adopt Resolution Number 435, which segregates the 60 LID Assessments to the newly created residential lots in the Hawks Landing Subdivision (SUB-03-8333-YL). 6 City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Date: March 5, 2003 To: Mayor Rivas, and City Council From: Tami Merriman, Assistant Planner Re: Final Plat for Hawks Landing, SUB-03-8333-YL Staff Recommendation: Staff recommends City Council approve the final plat for Hawks Landing, SUB-03-8333-YL, subject to the conditions below. Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that as, conditioned, the final plat meets all conditions of the preliminary approval. Background: The Yelm City Council approved, with conditions, a preliminary plat for the above referenced project on December 13, 2000. The project has now completed construction, and the applicant filed an application for final plat on February 3, 2003. Applicant: Dan Bruno, Heritage Homes and Land, Inc. Proposal: 60 lot, Residential Subdivision Final Plat Approval Location: 14720 and 15130 SE SR507. The project site is located on State Highway 507, south of Mill Road. Conditions of Final Plat Approval: 1. The applicant has provided an "Agreement Waiver of Protest and Special Power of Attorney" to defer the required frontage improvements on State Highway 507, as required in approval numbers 74 & 15 below. Washington State Department of Transportation (WDOTJ does not allow paving between the months of October to April. The applicant submitted plans to WDOT for approval. The plans were not approved in time to allow for this work to be completed prior to October. The applicant has provided a Waiver of Protest, and Bond sufficient to cover the cost of this construction, and intends to complete the work this spring. 2. The applicant has 60 ERU's that were designated to these parcels as part of the Local lrnprovement District. The applicant has applied for an LID Segregation, to assign the LID Assessments to the individual lots. 3. The Applicant has completed the landscaping as required in approval number 22, however, the hydroseeding was applied very late in the season. The applicant has provided a Letter of Credit and Assignment for grass seeding The assigned savings allows for reseeding in the spring if necessary. 1 The City of Yelm is an Equal Opportunity Provider Original Conditions of Approval: Sewer The property is located within the Mill Pond LID District. This property has been assessed a total of 60 ERU's within the LID. ERU's within the LID are at a cost of $1,823.15/ERU, paid on an annual basis over 15 years. In addition, the number of ERU's in the LID are charged a hook-up fee of $2,480 (fee subject to change) at the time of building permit issuance. Remaining ERU's are charged at the current rate of $4,850/ERU, payable at building permit issuance. All ERU's require an inspection with a fee of $145.00 per ERU also payable at building permit issuance. Complete: The applicant is current on his LID Assessment payments. The applicant has completed an application to segregate the 60 assessments to one assessment per new lot. Payment of the sewer connection fee will be as follows: each lot was based on the original assessment amount of $1823.15. The current balance owing on each lot is now $1,458.52. The current fee for residential connection, with an existing LID, is $2,620.00. This fee is subject to change, and is payable at building permit issuance. Public Finance, Inc., administrators of the LID, has completed the paper work and resolution necessary for the transfer. The City Council will need to approve and adopt the resolution concurrently with the Final Plat. 2. 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: The existing sewage systems were completely removed during construction. 3. The property is subject to a latecomer's agreement between the City of Yelm and Nisqually Estates dated January 13, 1999, for a sewer line extension. The applicant shall pay the latecomer in the amount of $$11,798.32 prior to final plat approval. Complete: The latecomer's payment has been made and recorded with Thurston County. 4. The S.T. E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Public Works Department for review and approval. Complete: The S.T.E.P. System has been installed, and inspected by the City. The applicant has provided a standard warranty agreement. Water 5. The Proponent shall connect to the City's water system. There is an existing 10" watermain located along Highway 507. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000/ERU (fee subject to change) inside city limits. One ERU would be charged to each residential building lot. These fees are payable at building permit issuance. Complete: The Water lines have been installed, and inspected by the City. The applicant has provided a standard warranty agreement. 2 6. Existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review. Complete: The applicant has abandoned fhe existing wells on site. The applicant has provided a water well report certifying well decommissioning. 7. Water rights for the abandoned wells shall be dedicated to the City of Yelm. Complete: There were no water rights for these wells. 8. The property is subject to a latecomer's agreement between the City of Yelm and Nisqually Estates dated January 13, 1999, for a water main extension. The applicant shall pay the latecomer in the amount of $13,711.19 prior to final plat approval. Complete: The latecomer's payment has been made and recorded with Thurston County. 9. All 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 Public Works Department for review and approval. Complete: Irrigation meter, serving all planting strips located further than 75 feet from future hose bib connections has been installed. The approximately 1.08 acre open space area was not irrigated as: the recreational use (basketball court) did not require irrigation; the open space serves as a reserve area for the future SR 510/507 Loop; and for potable water conservation purposes. Stormwater 10. 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: The sformwater system design and construction has been approved by the City. 11. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. Complete: Stormwater maintenance agreement complete. 12. The sformwater 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 sformwater facilities. Complete: Stormwater maintenance agreement is complete, and will be recorded with the final plat 13. WSDOT will only accept surface water runoff equal in quality and quantity to that of the pre- developed site. Any additional surface water runoff generated, impacting State property, will require appropriate sformwater mitigation in accordance with the Department of Ecology's Stormwater Management Manual. Complete: The sformwater system has been inspected and approved by the City. 3 Transportation 14. The applicant shall complete all street improvements as identified in the Mitigated Determination of NonSignificance. Complete: Mitigation included Highway 507 improvements and school district mitigation. The school mitigation has been recorded with Thurston County. The applicant has submitted a waiver of protest and bond for Highway 507 improvements. 15. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Highway 507 shall be consistent with the section "major arterial". Interior street improvements shall be consistent with the section "local access residential". Comp/efe: The applicant has submitted a waiver of protest and bond for Highway 507 improvements. 16. The proponent 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 proponent will be responsible for a TFC of $757.50 which is payable at time of building permit. Complete: The TFC charges are payable at building permit issuance. The traffic impact for the commercial use shall be determined at the time of a proposed use and land use application for the site. **The applicant has not submitted any plans for the commercial site. It will be reviewed separately from this final plat process. Fire 17. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. Completed 18. The applicant shall submit a fire hydrant plan to for review and approval. Completed Lot Setbacks 19. The applicant shall submit a plat map with building envelopes to ensure all setbacks can be obtained. Completed Open Space 20. The applicant shall provide open space on site in the location and equivalent to the area required for the future Y2 right-of-way. Completed 4 21. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. Complete: The applicant has provided landscaping and installed a basketball play area. Landscaping 22. The applicant shall submit a final landscaping plan to include the perimeter of the project site, planter strips, open space and stormwater facilities. Completed Environmental 23. The applicant shall comply with the mitigation of the MDNS issued on October 19, 2000. Completed Subdivision Name and Property Addresses 24. The applicant shall submit a subdivision name. The City will forward the name to the Thurston County Records Department for approval. Completed 25. Prior to the submission final plat application, the applicant will provide the Building Department with a plat map for addressing. Completed General Public Works 26. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. All lighting design will be submitted to Puget Sound Energy for review and approval. Complete: Interior street lighting is complete. Highway 507 lighting is part of the Waiver of Protest and bond. 27. The applicant shall submit a grading plan for review and approval prior to any on-site grading. Completed 28. 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. Completed: Buildings moved from site, not demolished. 29. The applicant shall submit a demolition plan for all structures on the project site. The demolition plans shall address the presence of asbestos and lead paint. Any buildings 5 containing asbestos and/or lead paint shall be demolished in accordance with all applicable state and federal laws and regulations. Completed: Buildings moved from site, not demolished. Staff Recommendation: Staff recommends that City Council: Approve the final subdivision of Hawks Landing (SUB-03-8333-YL), as submitted, and accept a bond and Waiver of Protest for required improvements to State Highway 507; Adopt Resolution Number 435, which segregates the 60 LID Assessments to the newly created residential lots in the Hawks Landing Subdivision (SUB-03-8333-YL). 6 ~- 0 (V N a~ s m ~---A "' `^ N ---'-------- ,99'Ol£l --------------- ,Zt'1/9Z M,86,9C.005__ ~n ~7 ------------------- _ ----------- -'G---- , ~ 9' ° u g ~ v ~ ~ a `v € o ., ~ w , , ,9 OZfI 1 I ~ N • ~~~ I ~ 1 ' ~ I ~ ~ a ~x ~ s 8 a ~ & ~~~ ~ ;^~ ~~ WFi~ I ~ ~ L7 W~ a I ... ~ ~I w I ~~l ~ ~~ ~~o H '~' `„ (8),Z'tLl h).6Z CLl M,OC,CC.OOS~ ~ ~ _+ ¢ O ~ ~ i - - - - -/ n l v+ ~ ~ r ~ \ h aq ~ ~ a ' ih _ ^~' ^ ~ I o ~ o ~ _ _ _ ~~ i \ ~ 1 ~ ~ ~ ~~ 1 ~ ' ~ I ' r. 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Z O ~~ ~ jw~ g 5 ~ ~ ~v m ~ ~ \ \ , , I \\ I to Q ~ ~ ~~ ~ ~ ~g a~~~~ ~ vri @~ ~ ~ ~ ~ ~ g \ \ I \ ~\ \ . ` ~ m a ~ ,~-„ ~ i„ ~ n i n \ \ , 48.681 3.9111,UON \ \ ~\ I ~~~ \ \\ '\ I~'\ . , \ I `~W~ , \ ` ~ N . _ ~~ ~ r f° ,06'6tft 1 ' ~ ,6C'6f9Z N,tl,9f.806 I I I I I '°f '--~- ~~ , tT _~ \ i 1 ~ \ 1 I I I i I I I I i .~~ W _ 1 ':. ~':i 1 1 ®m r I S:i i.. 1 I 1 ,~~, , W ~ 1 i 1 to ..~ ~~ '; 1 1 ~ I ~ ii: 1 I ~ ~, yl ----- i ' i I > 1 ~ 1 $ LI I ; ~ a a ' o~ ::~ ~o -o, ; , ~. =~ ~ ~ ~ " i - - ~~ea•aacC ~,~~ti,w~-6 ~~~ ^3S-'>!S .la}ao~ ~ '-°_ _:.~ __ ~\__ ~ ~ --;~ ~--------------------- ;e~oatC---------y---~i • \ ~~~ ... ~ ~~ .ate- ivy ... I ~\ ,.% - = -~- -o-~_,_ oMa l; ~~, ; ~~~ ~ .950-91 3.Of.Lf.WN I P \ ~, i' ------- ~ ~ ~ I . \ ~ ` `u` 1 n \ ~, '\ ,- a= ~~ . ~' \ `\ Ml ` `\ `` ` a'~ ~~ ,, a, ~, \ ,\ 1 a~ f \ 2 ~ ~ \ \\ .\ os ~. . ~\ ~,,,o ~o, , ., ., ~\ ~~~ ~ ~~ aN aM ,, ,\~ ~ ~ ~ / ,, m ,~ ~ ~ / ~~~ e i I i I i I ~i ~ I ~ i c .. I .. H 1 1 ~ I 1 -i------ ~ o~ I I e~~W~ ,06'61{1 ~ ~ m - ---------Z-'---~ E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: Feb. 28, 2003 To: City of Yelm 105 Yelm Avenue West Yelm, WA. 98597 ATTN: Tami Merriman City Planning Technician RE: Final Plat comments for Hawks Landing Dear Ms. Merriman: We have reviewed the corrected plat and lot closures for this subdivision. All items that I have referenced have been corrected. If you have any questions please don't hesitate to call me at 360-458-2894. Sincerely, Eddie True, P.L.S. 02f28f2003 11:32 2538450048 RIIPINEN SURVEYING PAGE 01 ~ • ~ r • ~~`~ . r ~~~y~~ 1~ Riipirwn Surveying Tel: X59-B45-0Q4$ Fax: 263-f34~~666 8506-59R~h Ave. E. PuyaNup, WA. 9$371 rs~raurveying.com www.raurwe~ying.com To: Eddie True Fax number: 1-360.458.1083 From: ]ames Crab#ree Fax number: 253-845-4556 Business phone: X53-845-8566 Date &'Tirrk: ~8/7A03 10:40,41 AM Pages: 1 0~ 7 Re: Dan Bruno's plat of Mawk's Landing -revisions Eddie, Mere are the pertionS of t~+e plat which were revised since you reGaived tt~e prints. The crew will locate the model home today, sa I will have that added this aPoernoon. let me know if you have any que~lorts, or need any more revisions. Tha-tkx. 3ames 02f28f2003 11:32 2538450048 RIIPINEN SURVEYING PAGE 02 DEDICATION: Au PEOPIf 8Y TIESE PRESfTII'S TlUr ! (Tq, DAN BR#111Q PRESIDENT, HERITAGE NOIES AND LAND, NC., OFF YAHAN, PRESIDENT, Mld NiC.. ~ ~ ODIEA(S) Ain oENN~ SHADE, rte-Knorr, ~asT caYUl,~nTr s~wc, THE UNDERSIGNED YarTCAGEE(s) OF tHE -EagN OESCRIBF~ PROPERTY HEIiFBY DECLARE THTS PMAr ANp DEDICATE TO THE U5~ OF TlE PUBl1C FOREVER, TRACT` 'C" OPpI SPACE, ~ STREETS- AVENUES, PULES, SE~'Jt EAST:lET115, ~, oR NNAIEVER Pt18lIC PROPERTY THERE IS SHDD! ON THE PUT IUD THE USE 1MEliEOF FOR PUBIIC hTGHM1AY PURPOSES. ALSO. THE RK~lT TO YAKS AU. NECESSARY SiOP'ES FOR CUTS OR Flll,S UPON THE LDTS AtD 1RA~Cls 5H0~1 HEREON N THE REASONABLE ORK~IAL GRADNiG OF All STRl;E15, A1kTIUES DRIVES, ETC., 5HT1Di HEliEON. ALSO, THE RIf~IT TO ORAiti ALL STREETS OVER AND ACRD65 ANY LOT OR LOTS TlM£RE NUIIER YICHT TAIE A NATURAL OOURSE AFTER 1!E STREET OR STREETS ARE GRADED. ALS0. ALL CI.AIYS FOR DAYAGE AGANIST ANY OOVEIiNRllTAL AUTHORITY ARE HEREBY TIAIVED VIIICH WY BE OCCA3101ED TO THE ADJACIJIT LAID BY THE ESTA~,ISH» CQ151RUCTlON, DRAINAGE AID YAIgF1UNCE ff 5AD ROADS. DAN BRUNO, PRT:SDEUT, HERITAGE HDMFS AND LANp, NC. OFF YAHAN, PRESflfTiT, Y.d NIL. OENM~S S11AOE. VICE--PRES1UfNT, fRST CQIrNMTY B~AfM( ACKNOWLEDGEMENTS: STATE OF ~1SNTNGTON } ~~ COUNTY of ON TINS DAY OF ZD___, BEFORE ME PERSONALLY APPEARED BEING THE AND ACKNOM~EB6ED SAD NL5IRUYENT lO ~ 1HE FREE AND YOWNTARY ACT AND DE® OF SAD OORPORATIQN, FOR A~ USES AND PURP06ES THEREIN IE?ITIONED, AND ON QA1N STATED THAT IE 1NAS AUTHORI~D TO EIECUTE SAIp INSTRUMENT. IN INTNESS NFIEIiEff, !HAVE HEREUNTO SET MMY NAND AND AFFpIED NY ~FTClAL SEAL THE DAY AND YEAR FlRST A~VE iM111TTEN, nnu i r nr. 02!2812003 11:32 2538450048 RIIPINEN SURVEYING PAGE 03 - ..- ~~ ~ ~-\ ~~ ~, ~" ~~ ~~ ~ ~~ D ~6~ ~ `"" ~ ~ ~1 ~ ` ~ ~ ~ ~ ~ ~ ~ ~ ~ \ I ~\ ,\ ` `~ ~. \'°` ~ ~ ~ ~ \ ~ ~~~ ~~ ~~ ~ ~ ~` ~ti ~ ~~ ,., ® ~ ~~, ~~ ~~~ ~l ~. ! ~ ~ S2 ~ ~_~ ~ ~ ~` ~ ~, ~ ~ ~ ~~ ~4~ . ~~~~ ~- 1 1 ~ ~ y I ~ ~'` ~ SEE SHEEt S 02/28/2003 11:32 2538450048 RIIPINEN SURUEVING PAGE 04 PLAT OF HAWKS LANDING -CLOSURES JN; 2497*NE25-17-1 E*02/Zt312003 Paroel names 56 North: 7479.03733 East :7292.33144 Line Course: N 59-00-36 E Length: 61.00 North:751D.44553 East:7344.82413 Line Course: N 30-59-24 W Length; 94,93 North: 7591.82495 East :7295.74577 Line Course: S 55-1533 W Length: 81.13 North: 7556.98909 East :7245.51292 Llne Course: S 30-59-2A E Length: 90.93 North: 7479.03889 East :7292.33172 Perimeter. 307.!39 Area: 5,8t39SQ.FT.0.1301 ACRES Mapcheck Cla~sure • {Uses listed courses, radii, and deltas) Error Closure: 0.00139 Course: N 11.45-09 E Error North: D.001359 East :0.000283 Predsian 1:221,575.54 Parcel Hams: 57 North: 7510.44553 East :7344.62413 Lina Course: N 59-DO-36 E Length: 51.00 North: 7541.85372 East :7398.91582 Lina Course: N 30-59-24 W length: 98.93 NOrtn: 71326.136218 East :7345.97890 Lina Gdurse: S 55-15-33 W Length: 81.13 North: 7591.82631 East :7285.74805 Line Course: S 30-59-24 E Length: 94.93 North: 7510.44689 East :7344.82441 Perimeter: 315.98 Area: 5,913 SQ.FT. 4.1357 ACRES MapCfleck Closure - (Uses listed courses, radff, and deltas} Error Closure: 0.00139 Course: N 11-45.08 E Error North. OA01359 East :0.000283 Preci9ion 1:227,330.94 Parcei name: 58 North: 7541.85372 Eaot :7396.91$82 Line Course: N 5900-36 E Length: 84.00 North: 7573.26192 l5ast :7449.20951 Line Course: N 30-59-24 W Length: 102,93 North: 7681.49940 East :7388,21204 Line Course: S55.15-33 W Length; 81,13 North: 76213.68354 East :7345.97918 Line Course: 330.59-24 E Length: 98.93 North: 7541.85508 East :7396.91710 Perimeter- 323.98 Area; 6,158 SQ.FT. 0.1413 ACRES Mapchsck Closure - (Uses listed courses, radii, and deltas) Error Ciasure: 0.00439 Course: N 41-45-09 E Error North: 0.001359 East :0.000283 Precision 1:233,086.33 Parcel Warne: 59 North: 7573.26192 Eaat :7'449.20961 Line Course: N 59-00-36 E Length: 61.00 21 02/28/2003 11:32 2538450048 RIIPINEN SURVEYING PAGE 05 PLAT OF HAWKS LANDING -CLOSURES JiV:249TNE25-17-t E*0~8J2003 North: 7604.87012 East :7501.50219 Une Connie: N30.59-24 W Len~}I; 108.92 North: 7898,32806 East :7446.45032 Une Course: $56.15-33 W Length: 81.13 North: 7861.49219 East :7396.21747 Line Course: S 30-59-24 E Length: tp2,93 Worth: 7573.25471 East : y448,214g4 Perimeter: 331.98 Area= 8,400 SQ.FT. 0.1469 ACRES Mapcheck Closure - (Uses listed courses, radii, and del4ss) Error Closure: 0.00®03 Conroe: $88.58.45 E Error North: -0.007213 East ; O,p05p37 Precision 1:35,78A.12 Parcel name: 80 North: 7604.87072 Eaat:7501,50219 Line Course: N 59-OP~36 E Length: 30.08 North; 7820.15796 East :7527.28849 Curve Length; 18.8$ Radius: 530.50 Delta: 1-425 Tangent; 8.44 Chord: 76.88 Course: N 58.55.19 E Course In:330-59-24 E Course Out: N 29-09-59 W RP North: 7165.38303 East :7800.43882 End North: 7828.tii993 East :7541.89897 Curve Length: 31.81 Rsdlus:25.00 Dena:72-5448 Tanaant:18,47 Chord: 29.71 Course; N 2422-3$ E Course In: N ~-0959 W Course Out: N 77-55.15 E RP North: 7ti50.45014 East : 7529.7152$ End North: 7&i5.8$171 East ; 7554.189 77 Curve Length: 113.58 Radius: 228.00 Defter 28-32.32 Tangent: 57.99 Ghard: 112.41 Counse: N 02-111 E Course In: N 77-55-75 E Course Out; N 7332-13 W RP North: 7703.39368 East :7777,7 7371 End North: 7768.00820 East :7558.48110 Cave Length: 7.68 Radius: 172.00 Delta; 2-3310 Tangent: 3.83 Chord: 7.66 Course: N 15-11-12 E Caursa In: N 73-32-13 W Canter Out: S 76-05-23 E R P North: 781$.75250 East :7383.51284 End North: 7775.40332 East :7560.48846 Line Cause: S 55-15-33 W Length: 138.78 North: 7696.32881 East :7446.44408 Une Course: 5 30-59-24 E Length: 106.92 North: 7804,87088 Eaet:7501,4t3596 Perimeter: 445.70 Area: 10,282 SQ.FT. 0.2358 AGF2ES Mapcheck Closure - (Uses Iisted courses, radii, and deltas) Error Closure: p,Op878 Gourse: N 83-03-30 W Error North: 0.000758 East : -4,008238 Precision 1:70,969.75 Parcel name; Boundary North: 8148.54522 Lrne Course: S 08-46-4 North: $191,$9980 Curve Length; 37.22 Dolts; 21 X8-51 Chord: 37.00 East :7808.19418 3 E Length: 37.D8 East :7811,$5322 Radius: 97.03 Tangent: 18.84 Course: S 19-48-08 E 22 02128/2003 11:32 2538450048 RIIPINEN SURVEYING PAGE 06 s ~ ~~ ~~ iti~ ~~~~ ~~ ~ ~ .~ stcN a~ ~ ~ , ~ ~~ i ~\~ ~ ~4 DRAINAGE ~' ~r /6 Tract A ~•, ~` 5,283 S'~.FT. / ~~' ~ ~ ~ ~u~~4 ~ v \~Q ~ i=~io~ ~ a X9'3]'38; ~ r,~ g .~ 1 , .~ ,~~ , 1~ ew» ~clo ~. 02/28/2003 11:32 2538450048 RIIPINEN SURVEYING PAGE 07 24 2 ~~_~__---~--..~~~...~_......__.~.._-`1325.78` N. 1~4 a7RilElt I CALCULATED PER T~ll1R5i0N a~ ~ B.LA. 8144, REGORGED UNDER ~ A.f.#1.95D5220009 t ~ BASIS OF BEARINGS: j SS1`33r50"M ON CONt~IE 1~ELM RACIER 111Nt. PER aTr ~ OF liElM B.LA. N0.8144 RECURRED UNDER T1K~iSTON 1 /M1r nr7N 1 rrr I.rI~rM1A/1M i 1 1 ~~ SECTION ~~~ ~ ~~~ Cta. sl.A 8144. REOORDED UNDER A.f,N. 9r'#y2200D9 '~j~ R ti1~Y LX S 3 t!l ti, _.~ LETTER OF CREDIT AND ASSIGNMENT This letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20.040 of the Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in the Agreement attached hereto aad made a part hereof. The undersigned does hereby assign, transfer, and set over unto City of Yelm, all rights, title, and interest in and to Savings Account No. 0 7 1 7 0-0-0-3 0 1 i n FirGt Cnmmnnit~ Rink .in the name Of Hc~rii-agP Ht~mPS ;~ T,and Tnc_ with full power and authority to demand, collect, and receive said deposit for the use and purpose of completing the required improvements and repairs described in said Agreement not completed by June 3 0 , 2 0 0 3 pursuant to said agreement. It is understood and agreed that City of Yelm Holds the certificate covering said account in its possession and agrees to hold the sum of $ 4 5 0 0 0 0 therein until release or partial release of this Assignment is received from the City of Yelm pursuant to the terms of the attached Agreement, or demand made by the City of Yelm pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions cif said attached Agreement. i'~ . ATTEST: BY: DATED this ~ ti day of Fah . 203 Secretary The undersigned hereby confirms the deposit of $~~ 4 5 0 0. 0 0 in Savings Account No. 0 71 7 0 0 0 ~ 01 in accordance with the terms set forth herein and agrees to administer said account as provided herein above until all such funds are released by the City of Yelm. ATTEST: Vv Fi rst ~c~mmnni tY Rank Financial Institutio B TITL :Financial Services Rep 2/26/03 HERITAGE HOMES & LAND INC Stop/Hold Display: Type: Check date: Check number: Amount Payee: Date placed: Expiration date: Remarks: ACH company id: Enter=Return Hold o/oo/oo Deposit Inquiry Account number: 717000301 4,500.00 4,500.00 city of yelm 2/26/03 Time placed: 14:24:30 8/26/03 letter of assignment dated 02/26/03 jls 551 14:25:36 02/26/03 09:46 FAX 360 832 2978 HERITAGE HOMES C~ 001 Po Box ~ 2s9 Eatonvilie, WA 98328 Business 360-832-8877 Fax 360-832-2978 Cell 253-732-3840 0 ~ ~ From: ~~~ L~ d Y' (J ~b Fax: Pages: ~ ~ ~~ Phone: Date: Re: CC: ^ Urgent or Review ^ Please Comment ^ Please Reply ^ Please Reeycle ~ Comments: ~° ~~u.~ ~~ d ~~ 2 ~3 '? ~ Z 3 b' ~Fo. 02/26/03 09:46 FAX 360 832 2978 HERITAGE HOMES ~ 002 LETTER OF CREDIT AND ASSIGNMENT 'T'his letter of Credit and Assignment is made pursuant to the provisions of Section 16.20.030 and 16.20.040 of the Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in the Agreement attached hereto and made a part hereof. The undersigned does hereby assign, transfer, and set over unto Ciry of Yelm, all rights1, title`, and interest in and to Savings Account No. ,_ ~~ `~ ~ 4 ~ ~ a in ~~iP ST ~C:~irz~ U,+(/ ~-~. in the name of /~-Pl ~ s~S f ~i6zN~D r with full power and authority to demand, collect, and receive said deposit for the wise and purpose of completing the required improvements and repairs described in said Agreement not completed by V Lam' ~ ~i ~ _ ~ A 3 , pursuant to said agreement. It is understood and agreed that ~< ~ d~ ~~~~ Holds the certificate covering said account in its possession and agrees to hold the sum of $ ~SO U ~ therein until release or partial release of this Assignment is received from the City of Yeim pursuant to the terms of the attached Agreement, or demand made by the City of Yelm pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions of said attached Agreement. DATED this !~ ~ day of _~~'~`~ ATTEST BY: Theundersignedherebyconfirms the deposit of $ in Saving Account No. ~~~ ~ ~~ l 7 Q () 0 3 V ~ in accordance with the terms set forth herein and agrees to administer said account as provided herein above until all such funds are released by the City of Yelm. ATTEST: Financial Institution BY: TITLE: 02/25/2003 18:05 FAX 253 770 3319 FIDELITY NATIONAL TITLE `~ ~ ~ ~~~ Fidelity National Txtie CON~(PANY OF W A3I3ING'1 ON,1NC. FAX COVER SHEET Deliver to: RE: Fax Number: s3 f O ~ B ~~ - ~~ ~g Date: ~ ~S a Time: Sent by: KIM PORTER XX OS Total number of rages sent including t~1is coven skeet: 11201 88~ AVE. E. SUITE 210 & 220 PU~AI,I,UP, WA 98373 253-435-$787 ~'AX 253-435-5797 ~ 001 11201 88~''Ave East, Ste. 210 • Puyallup, WA 98373 • (253) 770-4957 • Fay: (253) 770-3319 02/25/2003 18:06 FAX 253 770 3319 FIDELITY NATIONAL TITLE 0002 02/25/2003 1632 FAX 253 272 X547 UNIT 21 uuziuuz When Recorded Retum To: WILLIAM J. BROWN 17025 CANAL RD. SE YELM, WA 98597 Recon No: pC10273 Order No: PC10273 Reference: FULL RECONV~YANCE The undersigned as trustee under that certain peed of Trust,January 18, 2001, in which HERITAGE HOME ~ LAND, INC., A WASHINGTON CORPORATION AND M.J., 1NC., A WASHINGTON GORPORA7'lON is grantor and WILLIAM J. BROWN AND KATHRYN J. BROWN, F#USBAND AND WIFE is beneficiary, recorded on January 19, 2001 as Auditors File Number 33'32214 in records of 'THURSTON County, Washington, having received from the beneficiary under said Deed of Trust a written request to reCOnvey, reciting that the obligations secured by the Deed of Trust have been fully satisfied, does hetEby recorlvey, without warranty, to the person(s) entitled thereto all of the right, title and interest now held by said Trustee in and to the property described in said Deed of Trust, situated in THURSTON County, Washington as follows: i~EGAL DESCRIPTION AS SET FORTH IN ORIGINAL DEED OF TRUST' ,. Dated: 2/25!2003 Fidelity National Title G~om Washington ey: M-I;~h el J. Custer, ~ e President STATE OF W~ISHINa COUNTY OF PIERCE 1 oertf~y that t know or have satisfBCtvry evidence that Michael .1. before me, and said person a/she was oath such~a4i~e ~~i . ..- ~~ Q .~;gs10~- Q i : v NOTq~T, ~ s ~. ~8 C ~' 19- ~ 1~,O,c~ASh1tiN _ ~" of the Fidelity as mentioned meter is the person who appeared ~_ed't~ewecute the ins6ument one of W\ree and voluntary aet of Notary Public in and for the State of Wsah)ngton Residing at pierce My appointment expires July 28, 2004 02/25/2003 TUl~ 17:40 [TX/RX NO 8720] 02/25/2003 18:06 FAX 253 770 3319 FIDELITY NATIONAL TITLE C~j003 :• AFTER RECORDING MA1i.L TO: Name WILLTAIvI~ J. BROWN Address 17025 CANAL ROAD SOU`THEAS'T' City. State. Ziy YELl~„ WA 98597 Filed for Record at Request of Fidelity National Title/14-781422 Charter Tale Corporation llEED OF ~'~UST (For use in the state of Washington only) ~ s ~' THIS DEED OF TRUST, made this 18 ' day of JANUARY, 2001, between HERI'T'AGE HOME 8c LAND, INC. A WASHINGTON CORPORATION AND M.J., INC. A WASHINGTON CORPORATION, GRANTOR(S), whose address is )?.O_ BOX 1269, $ATONVILLE, WA 98328, TRUSTI is, Fidelity National Title whose address is 12020 MI;RIDFAN S. #C, PU'Y'ALLUP, WA 98373, and WILLIAM J. BROWN AND KAThI'RYN 7. GROWN, HUSBANb ANA WIFE, BENET'TCIARX, whose address is P.O. B07C 524, YELM, WA 98597_ WTTNT~SSETH: Grantor(s) hereby bargain(s), sell(s), and convey(s) to Trustee in trust, with power of sale, the following destn-bccl real property in THURSTON County, 'Washington: PARCELS A ~ C OF BOUNDARY LINE ADJUSTMENT N0. BLA-0526, ACCORDING TO BOUNDARY LINT: ADJUSTMENT IN VOLUME 6, PAGES 231 THROUGH 236 A,ND RECORDI.D UNBIrR AUDITOR'S FTT„F, NO. 8712160045, 1tECORDS OF THLJRSTONCOUNTY,WASHINGTON. See attached Exhibit "A," Assessor's Property Tax PareeUAccorznt Number: 21725111000/ 2172512000 which Tea! property is not used prineipalIy for agricultural or farming purposes, together with all the tenements, hereditaments, and appurte»atlces now or hereafter thereunto belonging or in any wise appertaining, and the rents, issues, $nd profits thereoF This deed is for the purpose of securing perfora3ance of each, agrccment of grantor(s) herein contained, and payment of the sum of FIFTY T1i:0USAND AND NO/100 Dollors (550,000.00) with interest, in accordance with the terms of a promissory note.of even date herewith, payable to Beneficiary or order, and made by Grantor(s), and all renewals, modifiratioas, and. extensions thereof, and also such further Burns as may be advanced or loaned by Beneficiary to Grantor(s), or any of his/her/Their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this lleed of Trust, Grantor(s) covenant(s) and agree(s): 1, To keep the property in good condition and repair; to permit no waste thereof; to complete any building, structure, or improvement being built or about to be built thcncon; to restore promptly any building, structure, or itttprovcment tlrereptr which may be damaged or destroyed; and to comply with a1I laws, ordinances, regulations, covenants, conditions, and restrictions affecting the property. 2. To pay before delinquent all lawful texts and assessrrtents upon the property; to keep the property free Grid clear of all other charges, liens, or enetunbrances impairing the security of this Dodd of Trust. 3. '1'o keep all buildings now or hereafter erected on the property described herein continuously insured t-gainst loss by faro or other hazards in an amount not less than the total debt secured by this Deed of Trust. All politics shall be held by the Beneficiary, and be in such companies as the Beneficiary may approve and have loss payable first to the Ben~ciary, as ite interest may appear, and then to rlre Grantor(s). The a>xrqunt Collected under any insurance policy maybe applied upon any indebtedness hereby secured in such order as the Beneficiary shall determine. Such application by the 1enefciary shall not cause disconl;inuance of any proceedings to foreclose this Deed of Trust. 1n the eveet of foreclosure, all rights of the Grantor(s) in insurance politics then in force shall pass to the purehs9er at the foreclosure sale. 4. To defend airy action or proceedi»g purporting to affect the security' hereof or the rights or powers of Beneficiary or Trustee, Gird to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in arty such action or proceeding, and in any Suit brought by Beneficiary to foreclose this Deed of Trust 5. To pay all costs, fees, and expenses in connection with this Deed of'IYust, including the expenses of the Trustee ilteurrcd in enforcing the obligation secured hereby and Trustee's acid attorney's fees actually incutxed, as provided by statute. LPB-22(c) 7/97 Page I of 2 3332214 Rage ~ 1 Hof 5 CHARTER TITLE COMPANY DT t1~.00 ThurstonQCCo~WA P 02/25/2003 18:06 FAX 253 770 3319 FIDELITY NATIONAL TITLE l~]004 6. Should Grantor(s) fail to pay when due amy taxes, assessments, inyurancc premiums, liens, encumbrances, or other charges against the property hcrcinabovc described, Beneficiary may pay the sanrte, and the amount so paid, with interest at the rate set forth in the note secured hereby, shall be added to and become a part of the debt secured in this Deed of Trust. IT IS MUTUALLY AGREED THAT: 1. hz the event any portion of the property is taken or damaged in an eminent domain proceedizt,g, the entire amount of the award or such portion as may be necessary to fully satisfy the obligation secured hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By aeceptiuag payment of any sum secured hereby after its due data, $eneficiary does not waive its right to require pminpt payment when due of sIi other sums so secured or to declare default for failwe to so pay. 3. The Trustee shall reconvey all or any part of the property covered by this Deed of Trust to the person entitled thereto, on written request of the Grantor(s) and the Beneficiary, or upon satisfaction of the obligation secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 4. Upon default by Grantor(s) in the payment of any indebtedness secured hereby or in the perfotrnance of any agreement contained herein, all sums secured hereby shall immediately become due and payable at the option of the Beneficiary. In such event end upon vvritiezl request of Beneficiary, Trusted shall sell the trust property, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid at Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured 6y this Dced of Trust; and (3) the surplus, if arty, shall be distributed to the persons entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its decd, without warranty, which shall convey tp the purehRSer the interest in the property which Grantor(s) had or had the power to Convey at the time of his/her/their execution of this Deed of Trust, and such as he/she/they may have acquired thereafter. Trustee's deed shall recite the facts showing that the salt was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence o:Fsuch cotxtgliance attd conclusive evidence thereof in favor of bona fide purchaser and encumbrancers foT value. 6. The power of salt conferred by this Dccd of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of ~'xttst to be foreclosed as a mortgage. 7. In the event of the death, incapacity, disability, or resignation of 1~trstee, Beneficiary may appoint in writing a Successor trustee, and upon the recording of such appointment in the mortgage records of the county in which this heed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. Tlxe trustee is not obligated to notify any party hereto of pending sale under any other Aeed of Trust or of an action or proceeding in which Grantor(s), Trustee, or Beneficiary shall be a party unless such action or proceeding is brought by the Trustcc. 8. This Dccd of Trust applies to, inures to the benefit oi, and is binding not only on the parties hereto, but on his/her/their heirs, devisees, legatees, administrators, executors, and assigns. The tet7m Henefieiaty shall mean the holder and owner of the note secured l'.ieteby, whether or not named as Beneficiary het /, STATE OF couNTY or I ceN!'y that I Irnaw or have satisfactory evidence that }as (is/are) the person(s) who appeared before me, and said person(s) acla[ow]edged that (lie/she/they) sighed this instrument, on oath stated that (he/shc/thcy) (is/arc) authorized to execute the instrument and acknowledged it as the of instrument. Dated: In be the free and voluntary sot of such pat2y(ies) for the uses and purposes mentioned in this Notary public in and for the state of My appointment expires: TO: TRUSTEE REQUEST FOR FULL RECONYEYANCE - Do not record To be used only when note has been paid. 'fhc undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Deed of 'I4-ust Said note, together with all other indebtedness aectmed by said Deed of Trust, has been :fully paid and satisfied; and you are hereby requested and directed, oa payment to you of any sums owing to you under the terms of said Dced of Trust, w cauceI said note above mentioned, and all other evidences of indebtedness secured by said Deed of Trust delivered to you herewith, together with the said Dccd of Trust, and to recpnvey, without wattanty, tp the parties designated by the temts of said Deed of Trust, all the estate now held by you thereunder. Dated: 1 (~ _' (~ 3 IQ~G[. IC Lp13-22(e) 7/97 page 2 of 2 3332214 PAge~ 2 of 5 9111S/2091 63~29P TER TI C~HNY RT f12,68 Thurston Co, WR 02/25/2003 18:06 FAX 253 770 3319 FIDELITY NATIONAL TITLE [~j005 E~B~T "A" THIS DEED OF TRUST ZS SUBORDINATE TO SAAB DEED OF TRUST D,A,TED JANUARY 17, 2001 IN FAVOR OF rYRST COMMUNITY BANK OF WAHINGTON, IN THE ORIGINAL AMOUNT OF $1,695,000.00. RECORDED JANUARY 19, 2001 UNDER RECORDING NO_ ~ 3 3 a ~ l~ Acknowledged by: ~~~~~~ _ _-_.. _ i 3332274 Pa9e° 3 of 5 91~19f~@91 8$ ~EOP rnu~~to~ coa w~ 02/25/2003 18:06 FAX 253 770 3319 FIDELITY NATIONAL TITLE 0006 - SZ'7.1TE OF WASHINGTON ) ss COUi3TY OF t x certify that z know or have satisfactory evidence that ' ~_ t e person who appeared before me, nd said person acksiowiedged that signed this instrument, on oath stated that ~ r~ ~ auGho ized to execute the instrument and acknowledged it a® the i of to be the free and voluntary act of such party for the uses and purposes m~nti,oned in this instrument. I '~ O~ bated: l Notary Public i and for th tats of Residing at My appointment. exp res ; "~ ~~.~~~~ P, MILLSq~t~, i Z~' S`'~~~ ~kp~9F` 1 '~~~ ~ V:~ p'tPR N• ~~:o~~~G rzi ~~S`A7F OF`N~= 3332214 Rage ~ 4 aF S CHARTER TITLE COMPANY DT 62.96 Thur~toreCo~WAep 02/25/2003 18:06 FAX 253 770 3319 FIDELITY NATIONAL TITLE ~ 007 J STATE OF WASHINGTON ) as COUNTY oF' ~ ' ~~J`-') I certify that I know or have aati.sfactory evidence that ~l ~ ~~ ~~ t e ~ereos~_ who appeared before me, and said person acknowledged that signed this instrument, on oath stated that ~nA L~ autYxorized to execute the instrument and acknowledged it as the ~~?ot~~ of _ ~~f ;-~-~5.~__~ ~~.~s TG~ to be the free and voluntary act of such party for the use and pux'poses mentioned in this instrument . { Dated: l 1 ~' ~ ~ 0.V ~`T Notazy Public in and for a State of "t~~ Residing at s~ ~~~`~~jc~~appointment ex ices : < ~ .,, P*. I~I~i L~ ~I i 'g/J ~~i r ~ ~ ~ 't PRY N ~ `~~ l~~' : u ~ygL 9R.. 1 ~~~.q~'L~OF~~ - 3332214 P~~e. 5 of S 01x19/26@1 @3~P®P CHAR ~R TITLE RMY DT #1.00 Thurston Cox UA 02/25/2003 18:07 FAX 253 770 3319 FIDELITY NATIONAL TITLE X008 PROMISSORY NOTE (straight) $ 50,000.00 7ANUARY 18, 2001 after date, without gCacc, fox value 7teceivc~ HERITAGE HOMES & LAND, INC. AND IVI.7_, INC. promise to pay WII,LLAM J. BROWN AND KATHRYN J. BROWN, HUSBAND AND WIFE or order, at 17025 CANAL RD. SE, Y)~L1vI, W,A 98597 the sum of FIFTY TI~OYJSAND NO/100 ($50,000.00) DOLLARS, with interest thereon at the rate of EIGHT, (S.0%} percent get annum from the date hereof, payable IN FULL, ON' OR BEFORE JANUARY 19, 2003 _ Principal and interest payable at the office of 17025 CANAL RA SE, YELM, WA 98597 If auy interest shall remain unpaid after due, this note shall becoxz~.e due and payable at once without further notice, at tb,e option of the holder thereof. Tkuis note shall bear interest at the rate of 8.0 pezcemt per annum after maturity or aftez failuze to pay any interest payment, and if this note shall be paced in the hands of an attorney fox collection or if suit shall be brought to collect any of the principal or interest of this note, I promise to pay reasonable attorney fees. Each maker of this note executes the same as a principal and not as a surety. INTEREST TO BE PAID ANUA,LLY AT THE RATL~ O]~ 8.0%, PER ANNUM WYTfT A FINAL EALLOON PA'YMl;NT DUE AND PAYABLE NOT LATER THAN 7ANUARY 19, 2003. TT~'E FOLDER AGREES TO DEED RELEASE ANY PORTION OL: LAND FOR WHICH THEY BOLD A SECOND POSTTION DEED OP' TRUST TO ACHIEVE FINAL PLAT. THxS WOULD BE LAND FOR ROADWAYS, UTILITY EASEMENTS, STORMWATER RETENTION FACILITILrS OR ANY PORPERTY REQUIRED BY THE CITY OF XELM FOR THIS PLAT TO ACHJ~VE FINAL PLAT. THE HOLDER AGREES TO DEED RELEA,S1aS ON EACH LOT IN THE ,AMOUNT OF $1,000.00 UNTIL >,st LIEN 1•S PAID IN FULL. ~ ~,~,. s Q~~~ .. 02/25/2003 18:07 FAX 253 770 3319 FIDELITY NATIONAL TITLE 1~j009 02/25/2003 16:32 FAg 253 272 3547 UNIT 21 ~looliuoz When Recorded Return To: JAMES M. FORRESTER PO 130X 524 YELM, WA 98597 Reccn No: PC10272 Order No: PG'10272 RefererrcQ: FULL RECONVEYANCE The undersigned as trustee under that certain Deed of Trust,January 1$, 2041, in which HERITAGE HOME & LAND, [NC., A WASHINGTON CORPORATION AND M.J., INC., A WASHINGTON CORPORATION is grantor and JAMES E. FORRESTER ANp PATRIC[A ,!, F012RESTER, HUSBAND ,AND WIFE is beneficiary, recorded on January 19, 2001 es Auditors File Numb®r 3332213 in records of TF#URSTON County, Washington, having received from the beneficiary under said Deed of Trust a written request to reoonvey, reciting that the obl[gations secured by fihe heed of Trust have been fu[ty satisfied, does hereby reconvey, without warranty, to the person(s) entitled thereto all of the right, title and interest now held by said Trustee in and to the properly described in said Deed of Trust, situated in THURSTON Count7l, Washington as follows: LEGAL DESCRIPTION AS SET FORTH IN ORIGINAL DEED OF TRUST Dated: 2/25/2003 Fidelity„National Title Comp~ny of Washington By: STA'iE aF wASHrN© COUNTY OF PIERCE I certify that I know or before me, and said p acknowledged ft as Vi siJC>7 PaL't~fiOR~,I1Se Michael J. Cusfer, ~/~ce- av ' ence that Michael J. Custer is the person who appeared s acknowledg®d th sloe was authorized to execute the tnstrument and ~-P idsnt of the Fidelity a - a ®.C~, of WA trie free and voluntary ect of _ and p case mentioned this_t rOrr~ent\ ~G~P_ BgCQ~ ~r 'P .mac,\~ N E~; F Ill Q ~ A~ . ~ ~~ypTARY ~ ~: i ~~ ~~,-.., >-29 1, q~"' •-` ?,. Notary Public in and for the State of washingtpn Residing ak Pler~e My appoinkment expires July 28, 2004 02/25/2003 TLIE 17:40 [TX/RX NO 9720] 02/25/2003 18:07 FAX 253 770 3319 FIDELITY NATIONAL TITLE C~O10 PRO~V~ISSORY NOTE (straight) $ 50,000.00 JANUARY I8, 2001 after dare, without grace, for value received, HERTTAGE !TOMES & LAND, INC. AND M.J., INC. promise to pay JAMES M. FORRESTER AND PATRICIA J. FORRESTER, I~USBAND AND WIFE or order, at P.O. BOX 524, YELM, WA 98597 the sum of FIFTY TITOUSAND DOLLARS AND NO/100 ($50,000.00) DOLLARS, with interest thereon at the rate of BIGHT, (8.0%) percent per annum from the date hereof, payable IN FULL ON OR BEFORE JANUARY 19, 2003 Principal and interest payable at the office of P.O. EOX 524, YELM, WA 98597 If any interest shall remain unpaid after due, this note shah, become due and payable at once without further notice, at the option of the holder thereo#: This note shall bear interest at the rate of 8.0 percent per annum a$er maturity or after failure to pay any interest payx~ciemt, and if this note shall be placed in the hands of an attorney for collection or if suit shall be brought to collect any of the principal or interest of this note, I promise to pay reasonable attorney fees. Each maker of this note executes the same as a principal and not as a surcty_ INT~ST TO BE PAID ANUALL'Y AT THE RATE OF 8.0%, PER ANNUM WITH A FINAL BALLOON PAYMENT DUE ANA PAYABLE NOT LATER THAN JANUARY i9, 2003. THE HOLDER AGRL•ES TO DEEP RELEASE ANY PORTION OF LAND FOR WHICH THEY HOLD A SECOND POSITION DEED OF TRUST TO ACHIEVE FINAL PLAT. THLS WOULD BE LAND FOR ROADWAYS, UTILITY EASEMENTS, STORMWAT);R RETENTION FACILZ'Z'IES OR ANY PORPERTY REQUIRED BY THE CITY OF YELM FOR TI-I!S P~.AT TO ACI~TBVE FINAL PLAT. THE HOLDER AGREES TO DEED RELEASES ON EACH LOT IN THE AMOUNT 0~' $1,000.00 UNTZx, 1st LIEN IS PAID IN FULL. LPB-28 7/97 02/25/2003 18:07 FAX 253 770 3319 FIDELITY NATIONAL TITLE C~O11 w ` 4 AI~TER RECORDING MAC. TO_ Name JA1y~S M_ FORRESTER Address P.O. BOX 524 City State Zip YET.M.. WA 98597 I:iled for 12ecord at Request of Fidelity National 'Title/14-781423 i~~ordPn A CharFar'~tl (~wUeB~Y BYi 1^ DEED OF TRUST ~` ~-~ use in the state of Washington only) THIS DEED OF TRUST, made this 18TH day of JANUARY, 2001, between HERITAGE HOME ~ x.ANA, INC. A WASHINGTON CORPORATION AND M.J., 11`IC. A WASHINGTON CORPORATION, GRAI~TTOR(S), whosc address is P.O.130X 1269, EATONVILLE, WA 96328, TRUSTEE, Fidclit'y National TIde whosc address is 12020 MERIDL4N S. #C, PUYALLUP, WA 98373, and JAMES M. )~ORRESTER AND PATRICIA J_ FORRESTER, I-IYl'SEAND AlYD'WIF'E, BENEFICIARY, whosc address 16 P•O• BOX 524, YI?LM, WA 98597. WITNESSETH: Grantor(s) hereby bargain(s), sell(s), and convey(s) to Trustee in trust, with power of sale, the following described real property in THURgTON County, Washington: PARCEI. A: PARCEL C 0>< BOUNDARY LINE ADJUSTMENT N0. BLA-8144, RECORDED tINDl3ti A'UnIT1z0'S FILE N0. 9505220006, ANn AS DELINEATED ON MAP ItECORDL-D UNDER AUDITOR'S PILE N0. 9505220009, RECORDS Or THUI2STON COUNTY, WASHINGTON, PARCEL S: AN EASEMENT POR PRIVATE ROAD AND UTILITIES A5 DELINEATED ON THE MAP OF BOUNDARY LINE ADJUSTMENT NO- BLA-S 144, RECORDED UNDER AUDTTOR'S FILE NO.9505220009, RECORDS 01: TI~URSTON COUNTY, WASHINGTON, Assessor's Property Tax Pareel/Account Number: 2172512i1 1, 00 See attached Exhibit "A" which real property is not used principally for agricultural or fet'tt,ing purposes, together with all the tenements, hereditaments, and appurtenances now or hereafter thereunto belonging or in any wise appertaining, a'ctd the rents, issues, and profits Thereof. This deed is for the purpose of securing perfotmancc of cacti agreement of Grantor(s) herein contained, and paynaenr of the sum of FIFTY TI~OUSAND AND NO/100 Dollars ($50,000.00) with interest, in accordance with the terms of a promissory note of even date herewith, payable to Beneficiary or order, and made by Grantor(s), and all renewals, modifications, and extensions thereof, and also such further sums as may be advanced or loaned by Beneficiary to Grantors}, or any of his/her/their successors or assigns, together with interest thereon at such rate as shall be agreed upon. To protect the security of this Dced of'lYust, Gtatttor(s) covenant(s) atad agree(s): 1. To keep the property in good condition and repair; to pertrait no waste thereof'; to complete any building, structure, or improvement being built or about to be built thereon; to restore promptly any building, structure, or improverxaen[ thereon which tray be damaged or destroyed; and to comply with all laws, ardinanecs, regulations, covenants, conditions, and restrictions affecting the property. 2. To pay before delinquent all lawful taxes and assessments upgxt the property; to keep the property free Glad clear of all other charges, liens, or encumbrances impaiTiaag the security of this Deed of Trust. 3. To keep ail buildings now or herea#er erected on the property described herein cozatinuously insured against loss by fire or other hazards in ata attaount not less than the total debt secured by this Deed of Trust. A11 policies shall be held by The Beneficiary, and be in such corrapaaies as the Beneficiary may approve and have loss payable first to tine Beneficiary, as its interest may agpear, and then to the Grantor(s). The amount collected under any insurance policy tray be applied upon any indebttdizess hereby secured in such order as the Beneficiary shall determine. Such application by the IIezlefaciary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. Tn the event of foreclostve, all rights of the Grantor(s) in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4. To defend atay action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all casts and expenses, including cost of title search and attomcy's fees in a reasonable amount, in nay such action or proceeding, and in any suit brought by Beneficiary to foreclose dais Deed of Trust. S. To pay all costs, fees, and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorney's fees actually incurred, as provided by statute. LPB-22(c) 7/97 Page 1 of 2 3332213 Page ~ 1 of 5 fl11i9/20fl1 03~20R CHfRTER TITLE CQMPANY Q1' ~1~, 8 Thurs#on Co, WA 02/25/2003 18:07 FAX 253 770 3319 FIDELITY NATIONAL TITLE X012 6_ Should Grantor(s) fail to pay wlten due any tuxes, assessments, inaurAnce premiums, liens, encumbrances, or othtz charges against the property hereinabovc described, Bencficiaryy may pay the same, and the amount so paid, with interest at the rate set foxeh in the note secured hereby, shall be added to and become a part of flte debt scctued in this Deed of Trust_ IT IS IvIUTUALLY ACiltl?ED TEIAT: 1. In the event any portion of the property is taken or damaged is an eminent domain proceeding, the entire amount of the awazd ar such pottioa as may be necessary to fully satisfy the obligation seeuxed hereby, shall be paid to Beneficiary to be applied to said obligation. 2. By accepting payment of any sum secured hereby after its due date, Beneficiary dots not waive its right to require prompt payment when due of all other sums so secured or to declaze default for failure to 5o pay. 3. The Trustee shall reconvty all oz any part of the property covered by this Aeed of Trust to the person entitled thereto, on written request of the Grantor(s) and the Beneficiary, or upon satisfaction of the obligation secured and written request for rcconveyance made by the Beneficiary or the person entitled thereto. 4. Upota default by Grantor(s) in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sutras secured hereby shall itxtxnediately become due aad payable at the option of the Beneficiary. In such event and upon written request of 13ezteficiary, Trustee shall sell the trust property, ut aeeoxdance with the Decd of Trust Act of the State of Washington, at public auction to the highest bidder. Any person except Trustee may bid 0.t Trustee's sale. Trustee shall apply the proceeds of the sale as follows: (1) to the capense of the sale, including a reasonable 'l~rustee's fee and attorney's fee; (2) to the obligation secured by this Dced of Trust; and (3) the surplus, if any, shall be distnbuted to the persotas entitled thereto. 5. Trustee shall deliver to the purchaser at the sale its decd, without warrartry, which shall convey to the purchaser the interest in the property which Grantor(s) had or had the power to convey at the time of his/her/Their execution of this Deed of Trust, and such as he/she/thcy may have acquired thereafter. Trustee'6 deed shall recite the facts showit~ that the sale was conducted in cvmpIiance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliatlee and conclusive evidence thereof in favor of Mona fide purchaser and cncumbraneers for value. 6. The power of sale conferred by this Aced of Trust and by the Deed of Trust Act of the State of 'Washington is not an exclusive remedy; Btneficiary tttay cause this Deed of Trust to be foreclosed As a mortgage. 7. In the event of the death, incapacity, disability, or resignation of Trustee, Beneficiary may appoint in writing a successor trustee, and upon the reeordittg of such appointment in the mortgage records of the county in which this Deed of Trust is recorded, the successor trustee shall be vested with all powers of the original trustee. The trustee is not obligated to notify any parry hereto ofpending sale under any other Deed of Trust or of an action or proceeding in which Grantor(s), Ttvstcc, or Beneficiary shall be a party unless such action or proceeding is brought by the Trustee. B. This Deed of Trust applies to, inures to the benefit of, and is binding not only on the parties hereto, but on his/her/their heirs, devisees, Legatees, adtrtinistratars, executors, and assigns. The tertrt Aeneftciary shall mean the holder atxd owner of the ztote secured hereby, whether or not natt7~ed as Benef eiary herein. ~ ~ ~ , ' ,~ STAT13 OF COUNTY OF T certify char I know or have satisfactory evidence Thar (is/are) the person(s) who appeared before tee, and said person(s) acknowledged that ('he/she/they) signed This instrument, on oath stated That (he/shelthey) (s/are) authorized to czccute the instrument rand aclmowledgod it as the of instl'utncnr- Dated: to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this Norary Public in and for the state of Ivzy appoinrment ezpirca: REQUEST FOR FULL RECONVEYANCE - Do nor record. To be used only when note has iYcen paid. TO: TRUSTEE The undersigned is the legal owner and holder of the note and all other indebtedness secured by the within Aeed of Trust. Said note, together with all other indebtedness secured by said Deed of Trust, has been fully paid rand satisfied; and you arc hereby requested and directed, on payment to you of any sums owing to you under the terms of said Aced of Trust, ro cancel said note above mentioned, and all other evidences of indebtedness secured by said Aced of Trust delivered to you ht~ewith, together with the said Deed of Trust, and to reconvcy, without wat'rattry, to the parties designated by t]re terms of said Deed of t, all the estate now held b you under. 17atea: 03 ~a ~ ~ ~ _ ~ I.PB-22(c) 7/97 Page Z of 2 3332213 Rage ~ E of 5 CHARTER trrt.e CDMRANY DT ~1E.88 Qhui^st.n8~f)'n03uA8P 02/25/2003 18:08 FAX 253 770 3319 FIDELITY NATIONAL TITLE ~ 013 STATE OF WASEINGTON ) ) ss COi7NTY OF ~ PAC ~• ) ` I Certify that Z know or have satisfactory evidence Ghat AG ~~ ~fL~~O the person who appeazed before me, and said peXSOn acknowledged that ~~aigned this instrument, on oath stabed that ~ authorized to execute the instrument and acknowledged it_ae the f r G of ~ 0 ~ o e the free and voluntary act of such party fvr th uses and purposes mentioned ire this instrument. naked: ~ ~ d' n LISA A. MAHON ~~ NOTARY PUB di.ngatic'~cCl~rf'~r the state of t STATE OF WASHINGI~N pPointment expires : d COMMISSION EXPIRES SEP,fEMBER 70, 20D1 3332213 Pages 3 of 5 91!19/2901 03~~eP ' CHARTER TITLE C011PANY DT $1 ,69 Thurston Ca WA 02/25/2003 18:08 FAX 253 770 3319 FIDELITY NATIONAL TITLE 0014 STATE Ok' WASITYNG'1'ON ) ss COUN'~Y OF .~~ ) I certify that I know or have satisfactory evzdence that -j`~~ ~~ ~;~ the person who appeared before me, Gild Said person acknowledged that ~~~s~.gned this ~.zistrument, ox~ oath stated that aut}~Orized to execute tY~e instrument and acknowledged it as the ~ ~ of m S~ 'j~~ ~ to be the tree and voluntary act o such party for the uses acid purposes mentioned in this instrument. Dated: L d ~ LISA A. MAHONEY ~j,,, No~AR~ Pug~« otary Pub],ic in and for the State of STATt= OF WASHINGTON esiding at COMMISSION EXPIRES Y appointment expxxes : ~ s1=~r~MaER ~o, zoos 3332213 ~1~19~266~o WRY ~~ ~onrro t s~ F c RNY DT ~~2 . A0 Thud an 02/25/2003 18:08 FAX 253 770 3319 FIDELITY NATIONAL TITLE 0015 EXHIBrT "A." THIS DEED OF TRUST IS SU$ORDINATE TO SAID REED OF TRUST DATED JANUARY 17, 2001 IN FAVOR Off' FIRST COMMUNITY BANK OF WAI~LNGTON, IN TIDE ORIGINAL AlvlOUNT OF $1,695,000.00. RECORDED JANUARY 19, 2001 UNDER RECORDING NO. 3 3 ~ 2 ~ ~ ~ Ack ow7edged by: ~~ ~.~~ ~ ~ ~i~~~ ~+-~- . 3332213 Page ~ 5 of 5 C TER T1 LE COMPANY pT X12.60 Thurs~on~eCoQ3WR~~ After Recording Return to: DAN BRUNO P.O.BOX 1269 EATONVII..LE, WA. 98328 FORMATION OF HOMEOWNER'S ASSOCIATION AND STORM DRAINAGE MAINTENANCE AGREEMENT Grantor: M.J. INC. AN-D HERITAGE HOMES AND LAND Grantee: M.J. INC. AND HERITAGE HOMES AND LAND Reference Number(s) of Documents Assigned or Released: Legal Description (abbreviated) PARCELS A AND C OF YELM B.L.A. #0526 RECORDED UNDER THURSTON COUNTY A.F.N. 8712160045. AND PARCEL "C" OF YELM BLA #8144 RECORDED UNDER THURSTON COUNTY A.F.N. 9505220009. Complete Legal is on Ea;lubit "A" of Doctunent. Assessor's Tai Parcel No.: 2172512000, 21725120100, 21725111000. THIS STORM DRAINAGE POND AGREEMENT is entered this day of ,20 by M.J. INC. AND HERITAGE HOME AND LAND (hereinafter referred to as M.J. AND HERITAGE) RECITALS 1. That M.J. AND HERITAGE (are)( is) the owner of certain real property situated in Yelm, Washington, the legal description of which is set forth r" on EYlubit "A" attached hereto. 2. That M.J. AND HERITAGE (are)(is) platting said property and as a condition for the appro~~al of said plat it is necessan~ that there be recorded against the above referenced propem~ a Stonn Drainage Pond Agreement which are set forth herein. 3. That. the purpose of this Agreement shall be to provide adequate funds for the repair and maiutcnance of the Storm Drainage Ponds described bclo~r for the continued use and benefit Page 1 Storm Drainage Maintenance Agreement of the owners as defined herein and to provide adequate funds for the maintenance of the storm drainage ponds which is being provided for the benefit of each lot ~rithin the 4. HAWKS LANDING Plat. This Agreement touches and concerns the land and shall run with the land for as long as the storm drainage ponds are used to sere one or more of the lots created as a result of the plat of the above referenced property hereinafter referred to as the " HAWKS LANDING Plat." NOW, THEREFORE. For good and valuable consideration, the undersigned does hereby declare and state as follows: I. DEFINITIONS A. OWNERS. The term "o~~ner" shall mean any person holding Beneficial interest in a lot created as a result of the platting of the property described in Exhibit "A" or any subdi~~sion thereof by deed, real estate contract or other instrument evidencing ownership of the lot. B. PONDS. The term "ponds" as it appears in the Agreement shall be all storm drainage ponds defined in and as shown on plat of the property described in Exhibit "A" attached hereto. Said ponds are identified on said plat as TRACTS A.B.& E C. PARCELS OF PROPERTY AFFECTS. The parcels of property or lots which will be affected by this Agreement are defined as Lots 1-60 of the HAWKS LANDING Plat which is composed of the real property described on Exhibit "A" attached hereto and which is situated in Pierce County, Washington. II. FORiVIATION OF HOMEOWNER'S ASSOCIATION I. CREATION OF HOMEOWNER'S ASSOCIATION. The parties hereby establish HAWK LANDING _Homeo~~~ner's Association. an unincorporated association. The membership of the Association shall consist of one class of Members, being am' individual ti~~ho is the oti~~ner of a residential unit «~ilh the HAWKS LANDING Plat filed the day Page 2 Storm Drainage Maintenance Agreement of 20 ,and recorded under Thurston County Auditor's recording number At any meeting of the membership of the Association, each member so present shall be entitled to one vote, with a ma.~imum of one vote. with a maximum of one vote for each residential tout. The business and property of the Association shall be managed by a Managing Member elected by the members of the Association, The Association is free to create by-laws, covenants, and restrictions that further the best interest of the Association upon approval of a majority of the Association members. a. ASSOCIATION. The term "Association" shall mean the HAWKS LANDING Homeowner's Association. 2. MEMBERS. The term "Members" shall mean any person holding beneficiary interest in a lot scribed above or any subdivision thereof whether by deed, real estate contract, or other instrument evidencing the ownership of a lot. IV. STORM DRAINAGE MAINTENANCE AGREEMENT 1. ose. The purpose of this storni maintenance agreement is to provide adequate funds for the repair and maintenance of the drainage ponds described below for the continued use and benefit of the members of the Association. This agreement touches and concerns the land and shall run with the land for as long as the ponds described below are used to sense one or more of the lots described above. 2. Maintenance of Drainage Pond. The parties hereby agree that the drainage ponds describe HAWKS LANDING Plat, recorded under Thurston County Auditor's Recording Number shall be maintained in perpetuity within its present boundary or within such boundaries as may be agreed to by all parties hereto and/or their successors and assigns. The drainage ponds shall be maintained as may be reasonable and necessary in order that all parties may enjoy full and free use of the parcels of real property affected hereby. Page 3 Storni Drainage Maintenance Agreement 3. Standards of Maintenance. The drainage ponds shall be maintained in a safe condition consistent w7th Yelm standards for stonn drainage ponds.. Where any question exists as to the standards to be applied, the Member may obtain a recommendation from a licensed professional engineer whose written recommendations may be followed in lieu of the standards identified above. 4. Management of Maintenance. The management and enforcement of this agreement shall be the obligation of the Association. The Managing Member of the Association shall order, manage. oversee and pay for all regular and periodic maintenance and/or repair work for all regular and periodic maintenance and/or repair work to the storm drainage ponds hereunder. The funds for such work shall be paid form the dues and assessments levied by the Association by the authority granted in this document or any recorded amendment or supplement thereto. The Managing Member shall be authorized to open and maintain bank accounts and engage the services of licensed professionals to assist in the administration of this agreement. In the event funds are not paid when due, the Managing Member may maintain an action to collect the funds it shall be entitled to costs and a reasonable attorney's fee upon recovery. 5. Costs of Maintenance of Drainage ponds: Lien far Failure to Pav. The cost of maintaining the drainage system described in the HAWKS LANDING Plat shall be borne in equal shares by the ownership of each parcel of real property affected hereby. The owner of each lot shall pay the sum $0.00 per year to cover all the program share of normal drainage pond maintenance expenses. In the event any party fails to pay within thirty (30) days of receiving a bill for their portion of the expense, then the Association may file a lien on behalf of all paid up participants herein. The lien shall be against the property of the non-paying party and foreclosable in the manner provided by law. The unpaid balance shall bear interest at the statutory legal rate until paid and the non-paying party shall be liable for actual costs and reasonable attorney's fees expended in am~ collection action including, but not limited to, the foreclosure of the lien. The lien of the assessments provided for herein shall be subordinate to the lien of anv first mortgage unless the holder of such Page 4 Storm Drainage Maintenance Agreement first mortgage is a prior owner of the mortgaged property tivho incurred the debt and/or lien. Sale or transfer of any lot shall not affect the assessments as to payments thereof which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessment thereafter becoming due or from the lien thereof The word "mortgage" shall include a "deed of trust". 6. Order for Es-tra Work -Procedure. In the event that an owner of real property affected hereby shall desire to have extra, or additional maintenance work done on the drainage ponds at conunon expense he/she shall circulate a written notice by certified mail explaining the nature of the work desired and the ea-pected cost thereof among the ownership of the affected parcels and to the Association. If, after the expiration of ten (10) days from the date of receipt of said notice by all property owners affected, no objection to such work has been received in writing by the initiator of the notice, such work may be ordered by the Association and payment therefore shall be made in accordance with Paragraph ~ above. Provided that, if the work requested and performed under this paragraph is work in addition to the normal drainage system maintenance. The Association may levy an additional charge for such work and require all such parties pay their share in advance, before the work is ordered. 7. Extraordinary Use -Costs. In the event that an owner of properties affected hereby should, by their use of the drainage ponds, cause it to be subjected to other than reasonable wear and tear and should such drainage system be damaged by such use, that user shall have the obligation to repair such daniage upon demand by the Association and to restore said drainage ponds to the condition existent prior to such use and all expenses therefore shall be borne by such individual(s). 8. Enforcement. In the event that one or more of the owners fail to pay their share of work done on the drainage ponds.. pursuant to the provisions of this Agreement, the Association may bring action against said owner or o~yners to enforce the provisions of this Agreement. The prevailing parties are entitled to all costs incurred in bringing an action for enforcement, including attorney fees incurred, and including consultation preceding legal action. Page ~ Storm Drainage Maintenance Agreement 9. Benefit of Covenant. The right and obligations set forth herein shall inure to and be binding upon the heirs, successors or assigns of the parties hereto and shall constitute a covenant running with the parcels of real estate affected hereby. 10. Failure to Maintain. In the event the Association, in the judgment of City of Yelm, fails to maintain drainage facilities "zthin the HA`TVKS LANDING Plat, or if the Association or successors c~illfully or accidentally reduce the capacity of the drainage ponds or render any part of the drainage ponds unusable, the Association or successors agree to the following remedy: after 30 days notice by registered mail to the Association or successors, City of Yelm «~ill assess financial sanctions, and/or initiate enforcement proceedings. In the event City of Yelm determines the lack of maintenance has resulted in a situation of imminent danger to life, limb or property, City of Yelm will correct the problem as necessary to restore the full design capacity of the drainage ponds. In this event, CitS~ of Yelm will bill the owners of the facility for all costs associated with such work to include engineering adnunistration, legal fees, construction; equipment. and personnel. Costs or fees incurred by City of Yelm, including attorney's fees and expert fees should legal action be required to collect such payments, shall be borne by the Association or successors. Page G Stone Drainage Maintenance Agreement IN WITNESS WHEREOF, said parties hereto have caused this instrument to be executed This :.~ 1 {-~ day of .~ ~ ;'v v, By: STATE OF WASHINGTON ~' ` = t° d ss. COUNTY OF ~'i~ ~' cr ) On this ~~ i ~' day of ~~~^~ i'ce'" 20 G .~ before me, undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~A~i 3 !'t,-`~Y L` to me known to be the /~'r' c'S iyF.v%. 1-! ~. ~` ~.~ ~ r ,~ ,,~ ~ 5 ~~v~) L~,y) ~ i ~ ~. _ ,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and an oath stated that he is authorized to execute the said instrument. WITN~~S~ m,y~ fand official seal heir. et~o affi~:ed the day and year first above written. ~~ y~Ntassa i ~,~ G.._ ~~ ,,1\SS10N ~~e~ ,~'~ d ~,~ ; °° °~~ ~ ~ ~ Printed Name ~.Jf1.tit E~ j~l_ Cf..st b ~= ~' -~ °"°.a ~ ~o~,~R~ " ~~~ ~ NOTARY PUBLIC in and for the State of Washington, m ~,~ ~ ~~ ~ ~' ° w-~ ~ residing at f'<%~'~4 mac. ~~," ..~ „~ ~ ~~~ ~ ~-~~ ~,. ,:~ ,~ My Comnssion expires: 1 - ~ ~ ~ ~~ -~ .fig. z ., .> . STATE OF WASHINGTON ) ss. COUNTY OF ;x°7~~~•~-~. ) On this 3 t= day of ~'~'Y ~~'"=4, 20 G . before me, undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~ c r'-i ~? D, Jam, ~t to me known to be the ~' /: ~ 5 r ~,~.v'%: ~,~(r j ) N G ,the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voh,ntan~ act and deed of said corporation, for the uses and purposes therein mentioned, and an oath stated that he is authorized to execute the said i~}~tr~y~pt. W~~'4V~~S ~ &yand official seal hereto affixed the day and year first above ~r~ritten. ~~CC -- • O •_~ ~A ~ ~: : o' ~ ~ ~~a ° P nted Name J~1:~r E5 N- iv-/'~ ~;i,i='cc ~' = ~' ~ OT,q R ~~ ~V Y , Ott ~ NOTARY PUBLIC in and for the State of Washington. ' `~~ ~ °~ residing at ~~, '-'~ ~ ~ ~'f ~~ : ~ U ~ L~ Ci ,~` ~1 ~ My Commission expires: ~ - ! ~ - ~' ~~~irr;,,,,~~~~ Pagel Storm Drainage Maintenance Agreement ~n c~--.~ EXI-IIBIT "A" Legal Description of HAWKS LANDING Plat Property PARCEL N0.2172~ 120000 PARCEL A OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO 026 AS RECORDED UNDER AUDITOR'S FILE NO. 8712160045 IN VOLUME 6 OF BLA'S, PAGES 231 THRU 236. RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL NO. 2172 120100 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 8144 AS RECORDED UNDER AUDITOR'S FILE NO 9~0~220009 IN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL NO. 2172 111000 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. U~26 AS RECORDED UNDER AUDITOR'S FILE NO. 871216004 IN VOLUME 6 OF BLA'S, PAGES 231 THRU 236. RECORDS OF THURSTON COUNTY, WASHINGTON. Page 8 Storm Drainage Maintenance Agreement _._.~ BILL OF SALE (CORPORATE FORM) THIS BILL OF SALE is made and executed this day of , 20 , by and between ~/'r~!r~~ /~~~5 ~(.~`~ (CORPORATE NAME), hereinafter called the grantor, and the City of elm, a Mu icipal 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, water lines and related appurtenances lying within the following described easement area: 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 day of 20_. ~2i ~- ~i~ s ~ ~i~~ ~,°c ORPORATE N E) BY (Signature) ITS (Title) BY (Signature) ITS (Title) D-1 STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the day of 20 ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the (TITLE(S)) of (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. ~~ WITNESS my hand and official seal the day and year first-above written. Notary Public in and for the State of Washington, residing in System accepted this day of 20 City of Yelm By: Community Development Director D -2 t~'~i'03;"~~J~J3 1~7: ~1' ^_538~15~1048 RIIPINEN SURVEYING PAuE ~ji '_~' F.~CHIBIT "A° PARCEL NO. 217251 PARCEL A OF CITY OF YELM BOUNDARY UNE ADJUSTMENT N0.0526 AS RECORDED UNDER AUDITOR'S FILE NO.8?12160045 IN VOLUME 8 OF BLA'S, PAGES 231 THRU 236, RECORDS OF THURSTON COUNTY, WASHINGTON. PARCEL N0.21725120100 PARCEL C OF CITY OF YEi,M ®OUNOARY LINE ADJUSTMENT NO. 8144 AS RECORDED UNDER AUDITOR'S'FILE NO. 9505220009 IN VOLUME 2407, PAGE 531, RECORDS OF THURSTON COUNTY, WASHINGTON. R 1 PARCEL C OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. 0526 AS RECORDED UNDER AUDITOR'S FILE NO. 8712180045 iN VOLUME 6 OF BLA'S, PAGES 231 THRU 238, RECORDS OF THURSTON COUNTY, WASHINGTON_ J' WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS /~,~/~ ,~~ m~s~ ~.~rc~ (hereinafter refereed to as the "Owner"), has applied to the'City of Yelrf~, 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 U ~~ , , a copy of which plat is attached hereto and made a part hereof as "Ex ibit A", on which said plat are shown areas offered by the Owner to be dedicated to pudic 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. STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this day of , 20 ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/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 day of , 20 Notary Public in and for the State of Washington, residing in My commission expires: ~~F tHF p~Q~ I'a~ 9. ~~ o ~'eljn a M 105 Yelm Avenue West YELM P.O. Box 479 WASHINDTON Yelm, Washington 98597 (360) 458-3244 February 21, 2003 Dan Bruno Heritage Homes and Land, Inc. P.O. Box 1269 Eatonville, WA 98328 Re: Comments for Hawks Landing Final Plat Application -SUB-02-8333-YL Dear Mr. Bruno: 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. Survey review comments: In addition to the corrections required by the reviewing surveyor marked in red, and yellow highlights, I have added the City's comments in green. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, revised lot closures, and one 11" x 17" copy. RETURN ALL REDLINED COPIES. When our surveyor has reviewed the revised plans, any further corrections will need to be made. At that time you will submit your Mylar's. 2. Please update and resubmit your Articles of Incorporation and Bylaws. 3. Other Corrections: Please have all required documents signed and notarized. 4. Assigned Savings: Please provide a letter of credit and assigned savings in the amount of 150% of the cost hydroseeding of the ponds and planter strips. The assigned savings shall be reviewed during the summer months to assure that the seeded areas have established. The form is attached. 5. The LID segregation is processed and returned. It will be presented to City Council at the time of presenting the final plat. 6. Jim Gibson will work on the bonding for the road improvements on Hwy 507 when he returns next week. 7. Survey review fees: The fees for the initial review, and revised plan review must be paid prior to recording. I will forward this invoice to you when the review is complete. The above listed corrections must be completed and returned to the City no later than Wednesday, February 26, 2003 to be considered by the City Council. The final plat application is scheduled to be heard by City Council on Wednesday, March 12, 2003. All revisions must be approved by Wednesday, March 5, 2003. If City Council approves the final plat, I will meet you at the Thurston County Assessors Office the following morning to record your final. plat. At that time you will need to bring your property taxes current to the end of 2003, and pay recording fees. If you have any questions, please contact me at (360) 458-8496. Questions regarding the surveyors' comments can be directed to Eddie True, (360) 458- 2894. Sincerely, Tami Merriman Assistant Planner cc: Riipinen Surveying Grant Beck, Community Development Director Jim Gibson, Development Review Engineer .. :x::: '•~:i ti:4 ,M.• ~~~~~~`~~ ~.f.`.`.. Public Finance, Inc. Specializing in LID lldministration Transmittal TO: Tami Merriman, Community Development FROM: Rick Knopf DATE: February 18, 2003 RE: Segregation Package for Hawks Landing The following reproducible documents are enclosed for inclusion in the next City Council agenda package: • City Council Agenda Memorandum • Application for Segregation of LID Assessment • Resolution to Segregate LID Assessments • Exhibit A -Current Parcel Configuration Map • Exhibit B -Revised Parcel Configuration Map • Exhibit C -Segregation of Assessment • Exhibit D - RCW 35.44.410 I will e-mail electronic versions of both the agenda memorandum and the resolution so that you can edit or make formatting changes. The new assessments will be recorded to the assessment roll for Utility Local Improvement District No. 1 following adoption of the resolution by City Council. Please provide a copy of the approved resolution to complete our files. Thank you! t 17519 NE 137th Street • Redmond, WA 98052-2182 • Tel: (425) 885-1604 • Fax: (425) 885-2103 CITY COUNCIL AGENDA MEMORANDUM SUBJECT Resolution No. authorizing the segregation of the local improvement district assessment and re-allocation of Equivalent Residential Units for Thurston County tax parcel numbers 21725111000, 21725120000 and 21725120100. This property is located within the boundary of Utility Local Improvement District No. 1. FISCAL IMPACT The number of Equivalent Residential Units currently assigned to this parcel is 60 and all previously billed local improvement district installments have been paid. The estimated value of the property involved is sufficient in the unlikely event that foreclosure should become necessary to collect any future delinquent principal and interest payments. The applicant, Heritage Homes & Land Inc. has submitted the required application and fee for processing the segregation request. LEGAL CONSIDERATION Section 35.44.410 of the Revised Code of Washington requires that requests for segregation be approved by City Council action. This action will segregate and proportionally distribute the existing assessment for Utility Local Improvement District No. 1 upon real property as recorded by the Thurston County Assessor's Office. BACKGROUND On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington stipulates that "segregation shall be made as nearly as possible on the same basis as the original assessment." Each parcel shall be allotted one Equivalent Residential Unit and the assessment is therefore divided equally between each of the newly configured parcels benefiting from the improvements. EFFECTIVE DATE This resolution will become effective immediately upon adoption by the City Council. RECOMMENDATION Staff recommends adoption of Resolution No. authorizing the requested segregation of the original assessment in Utility Local Improvement District No. 1. ATTACHMENTS • Application for Segregation of LID Assessment • Resolution No. • Exhibit A - Current Parcel Configuration Map • Exhibit B - Revised Parcel Configuration Map • Exhibit C - Segregation of Assessment • Exhibit D - RCW § 35.44.410 CITY OF YELM RESOLUTION NO. A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO SEGREGATE AN ORIGINAL ASSESSMENT UNDER UTILITY LOCAL IMPROVEMENT DISTRICT NO. 1, PURSUANT TO SECTION 35.44.410 OF THE REVISED CODE OF WASHINGTON WHEREAS the City of Yelm has been requested to segregate an original assessment for Utility Local Improvement District No. 1 in accordance with Section 35.44.410 of the Revised Code of Washington on property identified as tax parcel numbers 21725111000, 21725120000 and 21725120100 in the records of the Thurston County Assessor; and WHEREAS the current parcel configuration is shown on the map attached hereto as Exhibit A and the new parcel configuration is shown on the map attached as Exhibit B; and WHEREAS all previously billed assessment installments have been satisfied and the affected account is paid current; and WHEREAS this segregation will not jeopardize the security of the lien for the assessment or reduce the security for any outstanding local improvement district obligations payable from such assessment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Segregation shall be made on the original assessment roll of Local Improvement District No. 1 which was confirmed and adopted by Ordinance No. 674 on September 29, 1999. Section 2. Segregation shall affect assessment account numbers 01-095, 01-096 and 01-106 of Utility Local Improvement District No. 1 as described in the adopting ordinance and identified as Thurston County Assessor tax parcel numbers 21725111000, 21725120000 and 21725120100. Section 3. Segregation shall result in 60 new parcels with proportional assessments representing one Equivalent Residential Unit apiece as shown on Exhibit C. The confirmed assessment amounts for the new parcels shall total $109,389.00 and shall equal the confirmed original assessment amount before segregation. The remaining principal balance for these parcels shall total $87,511.17 and equal the combined remaining principal balance before segregation. ADOPTED by the Council of the City of Yelm, Washington at its regular meeting on the day of 2003. CITY OF YELM, WASHINGTON Mayor AUTHENTICATED: City Clerk PASSED and APPROVED 2003 E. TRUE & ASSOCIATES LAND SURVEYING P.O. BOX 908 18225 COOK ROAD S.E. YELM, WA. 98597 360-458-2894 Date: Feb. 15, 2003 To: City of Yelm I05 Yelm Avenue West Yelm, WA. 98597 ATTN: Tami Merriman City Planning Technician RE: Final Plat comments for Hawks Landing Dear Ms. Merriman: We have reviewed the plat, lot closures and plat certificate for this subdivision. I have addressed a listing of the items that should be addressed prior to approval of this subdivision. If you have any questions please don't hesitate to call me at 360-458-2894. Sincerely, l ~~~L~.-rte O~~ Eddie True, P.L.S. Final Plat Comments Hawks Landing Sheet one 1) Health Officer certificate to be removed. 2) Add City Planner certificate. 3) Revise Public Works certificate to City Engineer. 4) 3/32 text required. 5) Include owner and lien holders in dedication and change to corporate acknowledgement. Sheet two 6) 3/32 text required. 7) Label adjoiners as to platted or unplatted. 8) Show all exterior boundary annotation. 9) Provide notes describing all tracts and their respective ownership and maintenance. Note any easement rights to City of Yelm. Sheets three to five 10) 3/32 text required. 11) Show curve and line data on each sheet to support all annotation. 12) Show all easement annotation and add annotation as shown. 13) Provide notes describing all tracts and their respective ownership and maintenance. Note any easement rights to City of Yelm. Delineate roads as being dedicated for public use. 14) Submit corrected lot closures on Lots 58 and 59. °~ - }°~~~ ~~~` .,. __ d _1__ THURSTON COUNTY ~~[~ ~ ~ 2003 PATRICIA COSTELLO Assessor OFFICE OF THE ASSESSOR MEMORANDUM February 11, 2003 TO: Citv of Yelm Community Development Department PO Box 479 Yelm, WA 98597 FROM: Dawn Alene Breen, Thurston County Assessor's Office RE: HAWKS LANDING 1. Any tracts dedicated other than roadways must be transferred by legally recorded transfer document to the entity or party to be responsible for its maintenance. 2. Lot addressing including City, State and Zip code must be included on face of plat. 3. The prefix for Hawks Landing will be 5292. 4. Please specify all uses for Tracts A through E on face of Plat. 5. Parcels involved in this plat prior to platting are: 21725111000, 21725120000 & 21725120100. 6. Please show all current improvements on face of Plat. /. till Ucliiii~ueTli ar..l app.lCaVi:r cci~~C~ riiuS~ i... Yaiu. No further comment. Thank you. Si nature- ~~ `~y t~'~ g ~tcuN Dawn Alene Breen 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 _ ss (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 xew~t<~ e.~rer 02/11/03 09:39 FAX 360 832 2978 HERITAGE HO~lIES ~ 002 ~~~ ~, v L~ ~~~~J1~~~ ~ ~~ ARTICLES OF INCORPORATION ~`-~ ~~,~;1~-J , /~~S.r.1 /1~ARCLAYPLACEDIVISIONNO~HOMEOWNER'S ASSOCIATION ~~ ~ ~~~r ~ ,, i~v ~ ~,l X~~ ashington on-Profit Corporation ~ ~ k~ ~ Q/~~ ~ i;'i ~ -:~ ''~ -'` * ~~~ `~ G R ca, being over the age of 18 years, and for the purpose of forming a non- ~~ ~- profit corpor~n under the Laws of the State of Washington, hereby certifies and adopts in ~ duplicate the following Articles of Incorporation: ARTICLE I Name and Period of Duration The name of this corporation shall be BARC~:A'~~, N NO. 1 HOMEOWNER'S ASSOCIATION and its existence shall be perpetual. ARTICLE II Purpose and Object The purpose and object of this corporation are to awn property for the common benefit of the owners of property located within the plat o recorded under Pierce County_Auditor'sPi1e No. ~~010202500 The Association shall also have the purpose and object of operating, insuring, mainta>.ning, regaining, replacing or improving any such property or improvements placed thereon and for the exercise of any right, duty or other function (including the establishment and collection through lien, if necessary, assessments as provided in the By-Laws of the corporation) as provided for said Association in .the Declaration recorded under Piece Co ' 0202 ----- ARTICLE III Registered Office and Agent The location and post office_~dress of the initial registered office of the co oration in _ __ _. the State of Washington shall 5128 Military Road East, Tacoma, Washington 98 ~~ the initial registere .,agent-o€-~~eratian shall b____e Gary Rocca, 5128 Military Road East, , as Eton 98446..__.._... ____._, ARTICLE IV Membership owners of Lets 1 rhrouehl ~'of __ _ .. LAY PLACE DIVISION NO. 1 as recorded un er -fierce County AuditorTs Pile -- zQa1020~~o~together with the owners of lots on any additional property made subject to the Declaration r erred to in Article II above. Membership shall be appurtenant to the Lot owned by such member and may not be transferred except by sale or transfer of the Lot itself. Each member of the Association shall have one vote for each Lot owned. If a lot be subdivided in compliance with law, the owner of each newly created parcel shall be entitled to membership and one vote for each parcel owned. If two or more lots are combined into one parcel in ~.IZTICLES OF INCORPORATION ~ ' . BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION --Page Ra Placc.Articlcs\lcn U1/11/U3 U9:4U N'AX 36U 831 1978 HERITr~GE HOMES compliance with law, the owners of the resulting parcel shall be entitled to only one membership and one vote. ARTICLE V Officers and Directors I~j 0 0 3 The number of directors of the corporation shall be fixed as provided by the By-Laws and maybe changed from time to time by amending the By-Laws as therein provided No contract or other transaction between the corporation and any other corporation and no acts of the corporation shall be in any way affected or invalidated by the fact that any of the directors or officers of the corporation are pecuniarily or otherwise interested in, or are directors or officers of, such other corporation, any director individually or any firm of which any director may be a member, may be a party to, or may be pecuniarily or otherwise interested in any contract or transactian of the corporation, provided that the fact that he or such firm is so interested shall be disclosed or shall have been known to the Board of Directors or such members thereof as shall be present at any meeting of the Board at which action upon any such contract or transaction shall be taken; and any director of such other corporation or who is so interested may be counted in determining the existence of a quorum at any meeting of the Board of Directors of the corporation which shall authorize any such contract or transaction, with like force and affect as if he were not such director or officer of such other corporation or not so interested. Any contract, transaction or act of the corporation or of the directors or of any committee which shall be ratified by a maj ority of a quorum of the members of the corporation at any annual meeting ar at any special meeting called for such purpose, shall, insofar as permitted by law, be as valid and as binding as though ratified by every stockholder of the corporation. Except far acts or omissions that involve intentional misconduct, a knowing violation of Iaw, or any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled, the corporation agrees to mdemrnfy and save harmless any officers} or director{s) of the corporation against any and all liabilities, judgments, sums of money and expenses (including herein any and all amount or amounts paid in settlement) whether to the corporation, its members or others reasonably incurred by them or any of them in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether in law, equity, or otherwise, to which they or any of them may be a party, or may be threatened by reason of being or having been an officer or director of the corporation, or by reason of serving or having served at the request of the corporation as a director, trustee, employee; or agent of another corporation, partnership, joint venture, trust or other enterprise to the full extent permitted by the Laws of the State of Washington. The initial Board of Directors of the Corporation shall consist of one person. The name and address of the First Director of the corporation who shall hold office until the first annual meeting of the members, or until his successors shall have been elected and qualified, is as follows: y`., .._.._._... _ _. NAME AND ADDRESS OF FIRST DIRECTOR ,,.' ... . Gary Racca 5128 Military Road E. Tacoma, Washington 98446 ~ ~.... / ~ . ARTICLES OF INCORPORATION _ BARCLAY PLACE DIVISION INTO. 1 HOMEOWNER'S ASSOCIATION -Page 2 ~_ .__ B arclay. Pkacc~hr6ckesllea / U2/11/U3 Uy:4U r'Ax 3fiU 832 2978 HERI`l'AGr: HOi1~ES ARTICLE VI Into orator -_.--___.____ ~_ The name and post office address of the Incorporator is Gary Ra~8 Military Road East, Tacoma hngton 98446. ARTICLE VII Members' Meeting I~ 004 The annual meeting of the members of this corporation shall be fixed by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided Special meetings of the members of the corporation shall be set as provided in the By-Laws. Members may attend and vote in such meetings in person or by written proxy. ARTICLE VIII B,-Laws The authority to make, modify and repeal the By-Laws of the corporation is hereby expressly vested in the members of the corporation. Any such alteration, modification or repeal shall be approved by a majority of the members of the corporation. ARTICLE IX Dissolution In the event of Dissolution of the corporation, the net assets of the corporation are to be distributed to the members thereof in proportion to the number of votes held by each such number. IN WI SS-~G~F, the Incorporator has hereunto set his hand this day of , 2001. ~ Gary Racca, Incorporator CONSENT TO APPOINTNIENT AS REGISTERED AGENT I, ary Racc 'hereby consent to serve as Registered Agent, in the State of Washingto , e corporation herein named. I understand that as agent for the corporation, it will be my responsibility to receive Service of Process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the Office of the Secretary of State in the event of my resignation or of any change in the Registered Office address of the corporation for which I am agent. DATE _... Gary Racca, Registered Agent ARTICLES OF INCORPORATION ~$ARCLAY PLACE DIVISION NO. 1 Harc a.ArliC~esUen I-IOMEOWNER'S ASSOCIATION -- Page 3 UG/11/U:i Uy:4U r'AX 36U ti3LL9(8 HRRITAGH HU~1'1RS f~1J005 STATE OF WASHINGTON ~ ss. COUNTY OF PIERCE ) On this day of 2Q01 efore me, the undersigned, a Notary Public in and for the State of Washington, duly co ' sioned and sworn, personally appeared Gary Racca, and who declared that he is the person who signed the foregoing Articles of Incorporation as the Incorporator, and aclrnowledge that the statements therein contained are true. WITNESS MY HAND AND OFFICIAL SEAL at Puyallup, Washington the day and year first above written. Notary Public in and for the State of Washington residing at: My Commission Expires: ARTICLES OF INCORPORATION BARCLAY PLACE DIVISION NO. 1 HOMEOWNER' SASSOCIATION --Page 4 Barclny.Place.Artlcleslien BY-LAWS OF BARCLAY PLACE DIVISION NO. ' A WASHINGTON NON-. ARTICLE , 1. Registered Office -Location. The location. office of the corporation shall be: 5128 Military Road East, ARTICLE II 1. Annual Meeting. The annual meeting of the membe. election of directors to succeed those whose terms expire, and for the business as may properly come before the meeting, shall be held each y. office of the corporation, on the. date and at the time hereinafter specified, and if a legal holiday, then on the next day at the same time-of the day. The said annual meeting shall be: `The first Tuesday after the second Monday of e~ 4:00 p.m. 2. Special Meetings. Special meetings of the members for any purpose purposes may be called at any time by the Board of directors to be held at such time ar. as the said Board of Directors may prescribe. At any time, upon the request of any director, or of members holding in the aggreg. one-third (1/3) of the voting power of all members, it shall be the duty of the President to cap special meeting of the members to be held at such time as said President may fix, not less than fourteen (14) nor more than thirty-five (35) days after the receipt of said request, and if the President shall neglect or refuse to issue such call, the director or members making the request may do so. 3. Notice of Meetings. No notice of the annual membership meeting shall be required. Persons authorized to call special meetings shall cause written notice of the time, place, and purpose of the meetings to be given all members of record entitled to vote at such meeting, at least fourteen (14) days but not more than sixty (60) days prior to the day named for the meeting. Any notice may be delivered either personally or by United States Mail, First Class, postage prepaid. Delivery by mail shall be deemed made twenty-four (24) hours after having been deposited in the United States mail. For purposes of notice to members under this provision of the By-Laws, the Pierce County Property Tax Records may be relied upon as conclusive evidence-of the-name and address of the members of the corporation unless a member has specifically notified the corporation in writing of a name and address for the true owner of a lot other than as shown on the assessor's tax rolls. 4. Adjourned Meetings. An adjournment or adjournments of any membership meeting may be taken to such time and place as those present may determine without new notice being given, whether by reason of the failure of a quorum to attend or otherwise; but any meeting at which directors are to be elected shall be adjourned only from day to day until such directors are elected, and in the case of any meeting which is adjourned because of the failure of a quorum to attend, those who attend the second of such adjourned meeting, although less than a quorum, shall nevertheless constitute a quorum for the purposes of electing directors. BY-LAWS BARCLAY PLACE DIVISION NO. ~1 HOMEOWNER'S ASSOCIATION -- Page 1 6arclay.Placc.Dylawa\len 5. uorum. A quorum at any meeting of the members of the Association, whether it be a regular annual meeting or a special meeting, shall be thirty-four percent (34%) of the voting power of all members of the Association. ARTICLE III BOARD OF DIl2ECTORS 1. Number and Qualifications. The business affairs and property of the corporation shall be managed by a board composed of not less than one (1) and not more than five (5) directors, the initial board to be composed of one director and to be changed from time to time as may be deemed necessary by the said board itself, or by the members in meeting assembled, to best meet the needs of the corporation. The directors so elected need not be members in the corporation. 2. Election -Term of Office. The directors shall be elected by the members at each annual membership meeting, to hold office until the next annual membership meeting and until their respective successors shall be elected and qualified. In the event of the failure to hold an election of directors at any annual membership meeting, or in the event of failure to hold any annual membership meeting as provided by these By-Laws, election of directors may be held at a special meeting of the members called for that purpose. 3. Vacancies. Except as otherwise provided by law, vacancies in the Board of Directors, whether caused by resignation, death, or otherwise, may be filled by a majority of the remaining directors attending any meeting of the Board of Directors (even though less than a quorum is present) if notice shall have been given to all the remaining directors that such vacancy would be filled at the meeting. A director thus elected to fill any vacancy shall hold office for the unexpired term of his predecessors, and until his successor is elected and qualified. A decision by the directors to increase the membership of the Board as above provided in Section I of the Article shall be implemented in this same manner as if there were a vacancy on the board. 4. Annual Meeting. The first meeting of each newly elected Board of Directors shall be known as the annual meeting thereof, and shall be held immediately after the annual membership meeting or any special membership meeting at which a Board of Directors is elected. Said meeting shall be held at the same place as such membership meeting unless some other place shall be specified by resolution of the members. 5 . Regular Meetings. Regular meetings of the Board of Directors shall be held at such place and on such day and hour as shall from time to time be fixed by the board. 6. Special Meetings. Special Meetings of the Board of Directors may be held at any place at any time whenever called by the President, Vice President, Secretary or Treasurer, or any two or more directors. 7. Notice of Meetings. No notice of the annual meeting of the Board of Directors shall be required. Notice of the time and place of all meetings of the Board of Directors other than the annual meetings shall be given by the Secretary, or by the person calling the meeting, by mail, radio, facsimile, or by personal communication over the telephone or otherwise, at least three (3) days prior to the day upon which the meeting is to be held; PROVIDED, that no notice of any regular meeting need be given, if the time and place thereof shall have been fixed by resolution of the Board of Directors and a copy of such resolution of the Board of Directors mailed to every director at least three (3) days before the first meeting held in pursuance thereof. BY-LAWS BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION -- Page 2 Barclay.Plxe.I3ylaws\Icn Notice of any meeting of the Board of Directors need not be given to any director if he is present at such meeting or if it be waived by him in writing or by facsimile, whether before or after such meeting is held, and any meeting of the Board shall be a legal meeting without any notice thereof having been given, if all of the directors are either present thereat or waive notice thereof. 8. uorum. A majority of the whole Board of Directors shall constitute a quorum of the Board of Directors at any regular or special meeting thereof and a majority of a quorum may take any action authorized by these By-Laws, except amendment of the By-Laws or Articles of Incorporation which shall be approved as provided in Article IX. ARTICLE IV OFFICERS 1. Officers enumerated -Election. The officers of the corporation shall be a President, aVice-President, a Secretary and a Treasurer, all of whom shall be elected by the Board of Directors at the annual meeting thereof, to hold office for the term of one (1) year, and until their successors are elected. Any of the above named offices, except President, may be combined and held by a single person. Any additional officers that are deemed necessary to the efficient operation of the corporation may be designated as Vice-President. 2. 4ualifications. None of the officers of the corporation except the President need necessarily be a director. 3. President. The President must be a director of the corporation. He shall exercise the usual executive powers pertaining to the office of President. He shall preside at meetings of the Board of Directors and of the members and perform such other duties as the Board of Directors may from time to time designate. 4. Vice-President. In the absence or disability of the President, the Vice-President may act as President and shall perform such other duties as the directors may from time to time designate. 5. Secretary. It shall be the duty of the Secretary to record the proceedings of the directors and members; when requested by the President to do so, to sign and execute with the President all deeds, bonds, contracts and other obligations or instruments in the name of the Association; to keep the corporate seal and affix the same to certificates and other documents; and to perform such other duties as the Board of Directors may from time to time designate. 6. Treasurer. The Treasurer shall have the care and custody, and be responsible for, all funds and securities of the corporation, and shall cause to be kept regular books of account. He shall cause to be deposited all funds and other valuable effects in the name of the corporation in such depositories as may be designated by the Board of Directors. In general, he shall perform all of the duties incident to the office of Treasurer, and such other duties as from time to time may be assigned to him by the Board of Directors. 7. Vacancies. Vacancies in any office arising from any cause, including the increasing of the number of the Board of Directors, may be filled by the Board of Directors at any regular or special meeting. 8. Other Officers and Agents. The Board of Directors may appoint such other officers and agents as it shall deem necessary or expedient, who shall hold their office for such BY-LAWS BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION -- Page 3 Barclay.Placc. Bylaws\len terms, and shall exercise such powers and perform such duties, as shall be determined from time to time by the Board. 9. Salaries. Although officers and directors of the corporation may be reimbursed for their actual expenses incurred in the performance of their duties, they shall serve without compensation for any service they may render to the Association. ARTICLE V MEMBERSHIP 1. Membership in the Association. Membership in the Association is appurtenant to ownership of a lot in BARCLAY PLACE DIVISION N0.1 as recorded under Pierce County Auditor's File No. 200102025009 Membership may not be transferred except by the -~ _txansfer, conveyance or sale of_any such Lot and further membership, must be transferred ap'purterian~~o"any such Lot transferred, conveyed or sold. No certificate of membership shall be issued. ARTICLE VI BOOKS AND RECORDS 1. Records of Corporate Meetings. The Corporation shall keep at its registered office complete records of all the proceedings of the Board of Directors and of Membership meetings. 2. Copies of Resolutions. Any person dealing with the corporation may rely upon a copy of any of the records of the proceedings, resolutions, or votes of the Board of Directors of members, when certified by the President or Secretary. 3 . Books of Account. The corporation shall keep appropriate and complete books of account. ARTICLE VII FISCAL YEAR 1. Fiscal Year. The Fiscal Year of the corporation shall end December 31st each year. ARTICLE VIlI INDEMNIFICATION 1. Indemnification of Directors and Officers. Each Director or Officer now or hereafter serving the corporation, and each person who at the request of or on behalf of the corporation is now serving or hereafter serves as a Director or Officer of any other related corporation, and the respective heirs, executors, and administrators of each of them, shall be indemnified by the corporation against all costs, expenses, judgments and liabilities, including attorney's fees reasonably incurred by or imposed upon him in connection with or resulting from any action, suit, or proceeding (civil or criminal) in which he is or may be made a party by reason of his being or having been such Director or Officer or by reason of any action alleged to have been taken or omitted by him as such Director or Officer, whether or not he is a Director of Officer at the time of incurring such costs, expenses, judgments and liabilities, except in relation to matters as to which he shall be finally adjudged, without right of further appeal in such action, suitor proceeding, to have been liable for willful misconduct in the performance of his duty as such Director or Officer. BY-LAWS BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION -- Page 4 Uarclay.Place.Bylaws\len ARTICLE IX AMENDMENT OF BY-LAWS 1. By the Members. These By-Laws and the Articles of Incorporation of the Association may be amended, modified or repealed at any annual meeting of the members without notice in advance or at any special meeting of the members if notice of the proposed alteration or amendment is contained in the notice of the meeting. Sixty-seven percent (67%) of the membership in person or by proxy shall be required to alter, repeal or modify these By- Laws and the Articles of Incorporation of the Association. ARTICLE X RULES 1. Rules of Order. The rules contained in the most recent edition of Robert's Rules of Order (Revised) shall govern all meetings of members and directors where those rules are not inconsistent with the Articles of Incorporation, these By-Laws, or special rules of order of the Association. ARTICLE XI MANAGEMENT PROPERTY AND ASSESSMENTS The Board of Directors shall be empowered to establish reasonable rules and regulations for the use and management of the property of the Association. The Board of Directors shall have the power to determine such reasonable assessments necessary for carrying out the purposes of the Association and may exercise on behalf of the Association the power thereto granted with respect to dues, assessments or other charges and the assessment of liens all as provided under the peclaration recorded under Pierce County Auditor's File . No. .The Board of Directors shall be responsible to see that property rliability insurance protecting the Association and its members as may be reasonably available is procured and maintained with respect to the property and activities of the Association. The foregoing By-Laws were adopted by unanimous consent of the members as the By-Laws of the Association this day of , 2001. `•~ Carol Hardesty, Secretary ATTEST: Gary Racca, President BY-LAWS BARCLAY PLACE DIVISION NO. I HOMEOWNER'S ASSOCIATION -- Page 5 Barday.Place.Bylaws\len 02/11/03 09:39 FAX 360 832 2978 HERITAGE HOBOES ~ 002 ARTICLES OF INCORPORATION OF BARCLAY PLACE DIVISION NO.1 HOMEOWNER'S ASSOCIATION A Washington Non-Profit Corporation Gary Racca, being over the age of 18 years, and for the purpose of forming a non- profit corporation under the Laws of the State of Washington, hereby certifies and adopts in duplicate the following Articles of Incorporation: ARTICLE I Name and Period of Duration The name of this corporation shall be BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION and its existence shall be perpetual. ARTICLE II Purpose and Object The purpose and object of this corporation are to own property for the common benefit of the owners of property located within the plat of BARCLAY PLACE DIVISION NO. 1 as recorded under Pierce County Auditor's File No. 200102025009 The Association shall also have the purpose and object of operating, insuring, maintaining, repairing, replacing or improving any such property or improvements placed thereon and for the exercise of any right, duty or other function (including the establishment and collection through lien, if necessary, assessments as provided in the By-Laws of the corporation) as provided for said Association in the Declaration recorded under Pierce County Auditor's File No. 200102025009. ARTICLE III Registered Office and Agent The location and post office address of the initial registered office of the corporation in the State of Washington shall be 5128 Military Road East, Tacoma, Washington 98446, and the initial registered agent of the corporation shall be Gary Racca, 5128 Military Road East, Tacoma, Washington 98446. ARTICLE IV Membership The members of this corporation shall be the owners of Lots 1 through of BARCLAY PLACE DIVISION NO. 1 as recorded under Pierce County Auditor's File No. . 200102025009 together with the owners of lots on any additional property made subject to the Declaration referred to in Article II above. Membership shall be appurtenant to the Lot owned by such member and may not be transferred except by sale or transfer of the Lot itself. Each member of the Association shall have one vote for each Lot owned. If a lot be subdivided in compliance with law, the owner of each newly created parcel shall be entitled to membership and one vote for each parcel owned. If two or more lots are combined into one parcel in ARTICLES OF INCORPORATION BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION --Page 1 B arclay.Place. ArticleaUen 02/11/03 09:40 FAX 360 832 2978 HERITAGE H014fES C~7j003 compliance with law, the owners of the resulting parcel shall be entitled to only one membership and one vote. ARTICLE V Officers and Directors The number of directors of the corporation shall be fixed as provided by the By-Laws and maybe changed from time to time by amending the By-Laws as therein provided. No contract or other transaction between the corporation and any other corporation and no acts of the corporation shall be in any way affected or invalidated by the fact that any of the directors or officers of the corporation are pecuniarily or otherwise interested in, or are directors or officers of, such other corporation, any director individually or any firm of which any director may be a member, may be a party to, or may be pecuniarily or otherwise interested in any contract or transaction of the corporation, provided that the fact that he or such firm is so interested shall be disclosed or shall have been known to the Board of Directors or such members thereof as shall be present at any meeting of the Board at which action upon any such contract or transaction shall be taken; and any director of such other corporation or who is so interested maybe counted in determining the existence of a quorum at any meeting of the Board of Directors of the corporation which shall authorize any such contract or transaction, with like force and affect as if he were not such director or officer of such other corporation or not so interested. Any contract, transaction or act of the corporation or of the directors or of any committee which shall be ratified by a majority of a quorum of the members of the corporation at any annual meeting or at any special meeting called for such purpose, shall, insofar as permitted by law, be as valid and as binding as though ratified by every stockholder of the corporation. Except for acts or omissions that involve intentional misconduct, a knowing violation of Iaw, or any transaction from which the director will personally receive a benefit in money, property or services to which the director is not legally entitled, the corporation agrees to indemnify and save harmless any officer(s) or director{s) of the corporation against any and all liabilities, judgments, sums of money and expenses (including herein any and all amount or amounts paid in settlement) whether to the corporation, its members or others reasonably incurred by them or any of them in connection with any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative or investigative and whether in law, equity, or otherwise, to which they or any of them may be a party, or may be threatened by reason of being or having been an officer or director of the corporation, or by reason of serving or having served at the request of the corporation as a director, trustee, employee; or agent of another corporation, partnership, joint venture, trust or other enterprise to the full extent permitted by the Laws of the State of Washington. The initial Board of Directors of the Corporation shall consist of one person. The name and address of the First Director of the corporation who shall hold office until the first annual meeting of the members, or until his successors shall have been elected and qualified, is as follows: NAME AND ADDRESS OF FIRST DIRECTOR Gary Rocca 5128 Military Road E. Tacoma, Washington 98446 ARTICLES OF INCORPORATION BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION --Page 2 B arclay.Place.ArticleaUea 02/11/03 09:40 FAQ 360 832 2978 HERITAGE HOi1E5 f~ 004 ARTICLE VI Incorporator The name and post office address of the Incorporator is Gary Racca, 5128 Military Road East, Tacoma, Washington 98446. ARTICLE VII Members' Meeting The annual meeting of the members of this corporation shall be fixed by the By-Laws and may be changed from time to time by amending the By-Laws as therein provided. Special meetings of the members of the corporation shall be set as provided in the By-Laws. Members may attend and vote in such meetings in person or by written proxy. ARTICLE VIII - aws The authority to make, modify and repeal the By-Laws of the corporation is hereby expressly vested in the members of the corporation. Any such alteration, modification or repeal shall be approved by a majority of the members of the corporation. ARTICLE IX Dissolution In the event of Dissolution of the corporation, the net assets of the corporation are to be distributed to the members thereof in proportion to the number of votes held by each such number. IN WITNESS WHEREOF, the Incorporator has hereunto set his hand this day of , 20(} 1. Gary Racca, Incorporator CONSENT TO APPOINTMENT AS REGISTERED AGENT I, Gary Racca, hereby consent to serve as Registered Agent, in the State of Washington, for the corporation herein named. I understand that as agent for the corporation, it will be my responsibility to receive Service of Process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the Office of the Secretary of State in the event of my resignation or of any change in the Registered Office address of the corporation for which I am agent. DATE Gary Racca, Registered Agent ARTICLES OF INCORPORATION BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION -- Page 3 B arclay.Place.ArticiesUen 02/11/03 09:40 FAX 360 832 2978 HERITAGE HOMES ~ 005 STATE OF WASHINGTON ) } 5S. COUNTY OF PIERCE ) On this day of , 2001, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Gary Racca, and who declared that he is the person who signed the foregoing Articles of Incorporation as the Incorporator, and acla~owledge that the statements therein contained are true. WITNESS MY HAND AND OFFICIAL SEAL at Puyallup, Washington the day and year first above written. Notary Public in and for the State of Washington residing at: My Commission Expires: ARTICLES OF INCORPORATION BARCLAY PLACE DIVISION NO. 1 HOMEOWNER'S ASSOCIATION --Page 4 B arclay.Place.Arttcles\Ica 02/11/03 09:40 FAS 360 832 2978 HERITAGE HOMES (dj 006 to be appointed either in the Articles of Incorporation of the Association or by sepazate written instrument, to terminate the Temporary Board and reassume the Declarant's management authority under this Article 2, reappoint successor Temporary Boards, or take any other action permitted by this Article 2, all without affecting the authority given to the Declarant by this Article 2 to manage the Property and to organize the Association at the Declazant's sole discretion, ARTICLE 3 DEED AND DEDICATION OF COMMON AREAS Section 3.1 Conveyance of Common Areas. Upon recording this Declaration, the Declarant shall deliver to the Association a quit claim deed for Tract `A' as shown on. the Piat of BARCLAY PLACE DIVISION NO. 1 ,reserving, however, to the Declarant 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 Period, at which time this reservation shall cease and then be of no further force and effect. ARTICLE 4 DEED AND DEDICATION OF EASEMENTS Section 4,1 Conveyance of Easements. Declarant hereby transfers and conveys to Association for the common use and enjoyment of the Association and the Owners ail easements created hereby and nonexclusive perpetual easements running with the land are hereby reserved on each Lot, aver, under and across eight (8) foot strips of land parallel and adjacent to the rear boundary Lines and to the side street boundary lines and over, under and across five (5) foot strips of land adjacent to the side boundary lines (except any side street boundary lines) for construction, installation and maintenance of utilities including, but not limited to: power, telephone, water, sewer, drainage, CATV and gas, together with the right to enter upon each Lot for such purposes. The front boundary Line for the purposes of this Section 4.1 Article 4 shall mean the line between the lot and the ten foot sidewalk and utilities easement as shown an the Plat. Additional utility and other easements may also be recorded if required by governmental authorities having jurisdiction. Within such strips no structure, planting or other materials shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of said utilities, or which may change, obstruct or restrict flow of water through drainage channels. The easement areas and al] improvements thereon shall be maintained by the Owner of the Lot, except as to Utility service improvements Iocated therein, which are the responsibility of the utility entity owning such improvements. Subject to the foregoing, fencing and landscape planting are permitted within the easement area. Said easements aze reserved to and for the benefit of the Association, and may be assigned and transferred by the Association to other appropriate persons or entities as deemed reasonably necessary by the Boazd in connection with the development of the Plat and the construction of dwelling structures on the Lots; Section 4.2 Easements Reflected on Plat. All easements, if any, shown as private on the fmal recorded plat map of BARCLAY PLACE DIVISION NO. 1 shall be maintained as equally by those Lot Owners who are benefited by the easement. CC&Rs - BARCLAY PLACE DMSION NO. 1 -- Page 5 CCRnarclay.PiaccUrn U2/11/03 09:41 FAX 360 832 2978 HERITAGE HOi!iES 1~j007 ARTICLE 5 ADMINSTRATION AND USE OF COMMON AREAS AND COMMON MAINTENANCE AREAS Section 5.1 Owner's Easements of Enjoyment. Every Owner shall have a 1/31 Right in easement of enjoyment in and to the Common Areas, except as may be modified by later additions of property subject to this Declaration, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by a 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 standazds for all Common Areas to he binding upon all Association member along with enforcement standazds; {b) The right of Declazant (during the Development Period) or the Association (after the Development Period) to suspend an Owner's right to vote and to use any recreational facilities for any period during which assessments against his or her Lot remain unpaid and for a period, not to exceed sixty {60) days, for any, and each separate, infraction of its published rules and regulations; {c} The right of the Declazant (during development Period) or the Association (after the Development Period} to dedicate or transfer all or any part of the Common Areas to any public agency, authority or utility for such purposes and subject to such conditions as the Declazant or Member, as applicable, may deem appropriate. During the Development Period, any such dedication or transfer of all or any part of the Common Areas pursuant to this Section may be made by the Declarant in the Declazant's sole discretion. After the Development Period, no such dedication or transfer shall be effective unless an instrument agreeing to such dedication or transfer, signed by the Owners of two-thirds (2I3) of the Lots, has been recorded; (d) Any Owner may delegate their right of enjoyment to the Common Areas and facilities to the member of their family, their tenants, or their guests, subject to the limitations set forth above; Section 5.2 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 the prior written consent of the Boazd. Nothing shall be done or kep# in any Common Areas which will result in the cancellation of insurance on any part of the Common Areas or which would be in violation of any laws or ordinances. Section 5.3 Alteration of Common Areas and Common Maintenance areas. Nothing shall be altered, or constructed in, or removed from any Common Maintenance Areas except upon prior written consent of the Boazd. There shall be no construction of any kind with the Common Areas except that community improvements may be construction if two-thirds {2/3} of the members of the Association authorize (1) the construction of such improvements and (2} assessments for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no member consent shall be necessary), during the Development Period from constructing or altering any such improvements to any Common Areas or Common Maintenance Areas, which the Declarant in Declazant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general; Section 5.4 Dumping in Common Areas. Common Maintenance Areas, or native Growth Protection Easements. No trash, construction debris or waste, plant or grass clippings or other debris of any kind, nor any hazardous (as defined in federal, state or local law or 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 the rights for enforcement and initiation of penalties for violations of this policy; CC&Rs - BARCLAY PLACE DNISION NO. 1 -- Page 6 CCR.BarclayPlacclten 02/11/03 09:41 FAb 360 832 2978 HERITAGE HOi4LES 0 008 Section 5.5 Landscaping and Fencing. No permanent structures or landscaping of nay kind, including fences, walls or shrubs, may be built or placed within any conunon areas except as deemed appropriate .by the Board. This prohibition shall not apply to the landscape and fence/monument sign improvements in the Common Maintenance Areas installed by the Declarant nor shall this section prohibit the Association from installing additional improvements or landscaping within designated common areas or common maintenance areas nor shall this .section prohibit the installation of fences by lot owners on property lines as may be otherwise allowed in the Declazation {all in compliance with applicable law), nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration as to landscaping. Also, this prohibition shall not apply to landscaping of the front or side yard azeas of lots extending up to the edge of the curb or sidewalk in the public right-of-way. ARTICLE 6 MAINTENANCE OF THE COMMON AREAS AND COMMON MAINTENANCE AREAS DELEGATION OF MANAGEMENT Section 6.1 Maintenance of Common Areas. Maintenance of the Common Areas, common maintenance areas and all improvements thereon, shall be the sole responsibility of the Association and shall include but not be limited to, maintenance of the Common Areas and Common Maintenance Areas. All maintenance of Lots and Residences located on the Property shall be the sole obligation of the Owner, provided, however, the Association may, from time to time, provide certain common maintenance of Lots and Residences as may be determined to be in the best interests of all Owners. The Association shall maintain and regulate the use of the Common Areas for the benefit of each Lot within the Plat and shall do all reasonable things necessary to preserve and maintain the Common Areas for the purpose intended. It shall be the responsibility of the Association to maintain anything that is delineated under Article 1, Section 4, and any improvements thereon to preserve the value of_said Tracts for the use and enjoyment of the Members of the Association in accordance with all restrictions and limitation established for said Tracts through this Declaration, the laws and ordinances of Pierce County Washington, and all other applicable statutes and regulations. The Declarant, during the Development Period and the Boazd foIIowing the Development Period, shall have the exclusive right to establish use and operation standards for said Common Areas to preserve the value and durability of said Common Areas for the enjoyment of the Members of the Association. Notwithstanding the foregoing, all costs and expenses paid by the Declarant in connection with the maintenance and operation of the Common Areas shall be reimbursed by the Association from the initial general assessments described in Article 7 below; Section 6.2 Repair of Common Areas and Common Maintenance Areas. Any damage to the Common Areas or Common Maintenance Areas or improvements thereon, including landscaping plantings, fences, berms, etc., by the Owners or their children or guests shall be repaired within one (1) week by the Owners who (or whose children or guests) caused the damages. If the damage cannot reasonably be repaired within one {1) week, the time for the Owner to repair. the Property shall be extended to the time reasonably required to repair the Property, provided that the Owner promptly begins, and diligently pursues, the repair of the damage. If such repairs are not made timely, the Association shall execute the repair and the Owner will be obligated to immediately pay the Association or its designee for the repair. If the Owner fails to promptly make payment for such repairs, the Owner will be chazged interest at the rate of twelve percent (12%} per annum on the payment due, the payment due shalt be a personal Liability of the Owner and the amount of the payment due shall be a lien on the Owner's Lot; Section 6.3 Landscape Maintenance. It shall be the responsibility of the Association to maintain the landscaping and entry monuments, if any, located at the entrance into BARCLAY PLACE DIVISION NO. 1 ,and any landscaping improvements installed on the Tracts or easement areas owned or administered by the Association; CC&Rs - BARCLAY PLACE DIVISION NO. 1 -- Page 7 CCR.Darclay.PlaccUen 02/11/03 09:42 FAX 360 832 2978 HERITAGE HOhIES 0 009 Section 6.4 No Improvements in Easements or Tracts. The Association shall not permit any structures, filling, grading or obstruction to be placed beyond the building setback lines or within the Tracts unless the Association obtains the approval of the Pierce County Department of Public Works and the Pierce CounTy Department of Building and Land Development. No decks, patios, out building, or overhangs shall be permitted beyond the building setback line; Unless the Association obtains the approval of the Pierce County Department of Public Works and the Pierce County Department of Building and Land Development, neither the construction of fencing nor the cleaning or removal of trees or vegetation shall be permitted within the azeas of the Tracts. Dead trees or vegetation growing within the same which present a threat to the life and property due to decay or other natural causes may be removed upon obtaining the approval of the Association. In the event of any conflict between this Section and the terms of Article S, Section 5, the terms of this Section shall control; Section G.5 Management. Each Owner expressly covenants that the Declarant, (during the Development Period) and the Board thereafter, may delegate all or any portion of their management authority to a managing agent, manager or officer of the Association and may enter into such management contracts or other service 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 the maintenance or management may be terminable by the Association without cause upon ninety (90} days written notice thereof; the term of any such agreement shall not exceed three (3) yeass, renewable by agreement of the parties for successive periods of up to three (3) years each. Each Owner is bound to observe the terms and conditions of any such management agreement or employment contract, all of which shall be made available for inspection by any Owner upon request. Any fees or salaries applicable to any such management, employment or service agreement shall be assessed to each Owner. ARTICLE 7 ASSESSMENTS Section 7.1 Obligation of Owners. Each Owner of any Lot, by acceptance of a deed thereof, whether it shall be so expressed in each deed, is deemed to covenant and agree to pay to the Association (1) annual assessments in such amounts as may be determined by the Boazd as necessary to satisfy the estimated common expenses for the common areas and other property of the Association. The amount of the common expenses shall be pro-rated equally among all Lots; (2) special assessments for capital improvements. No assessments shall be due and payable by Declarant. If the Owner of any Lot fails to timely pay any assessments within thirty (30) days of the date specified by the Association or Declarant (during the Development Period), the annual and special assessments, together with any interests costs and any reasonable attorneys' fees incurred in attempting to collect assessment, shall be a lien on the owner's lot and also be the personal obligation of the person who is the Owner of such Property at the time when the assessment fell due. The personal obligation for delinquent assessments shall continue even if the Owner subsequently transfers legal or equitable title to the Lat, however, the personal obligation for delinquent assessments shall not pass to the delinquent Owner's successors in ownership of the Lot unless expressly assumed by the successor(s). The Association shall record such liens in the Office of the Pierce County Auditor; Section 7.2 Purpose of Assessments. The assessments levied by the Association shall be used exclusively to (a) promote the recreation, health, safety and welfare of the residents of the Property, and (b) for the improvements and maintenance of the Common Areas and Common Maintenance Areas as provided in Article 6, with the amount based upon the estimated costs as well as reasonable provision for reserves; Section 7.3 Annual Assessments, Until December 31, 2001, THE ANNUAL . ASSESSMENT SHALL BE $120.00 PER Lot except those Lots exempted in Section 1; up to twenty-five percent (ZS%) of which may be allocated and paid to the Declarant for Plat management services provided CC&Rs - BARCLAY PLACE DIVISION NO. 1 -Page 8 CCR.HarclayBlacc,lca U2/11/03 09:42 N'AX 36U 832 2978 HERITAGE HOES IQ]O10 by the Declarant to the Association (or up to fifty percent (50%) if a professional management firm is hired by Declarant. Such allocation of funds to the Declarant shall cease when the Development Period expires and the Association assumes collection costs, bookkeeping and other management responsibilities which are described with particularly in the Bylaws of the Association. The balance of the annual assessment shall be used by the Declarant during the Development Period and by the Association thereafter for maintenance, repair and other purposes permitted by this Declaration, with reasonable provision for reserves. The annual assessment may be increased (after December 31, 2001} during the Development Period to reflect the increased (1) maintenance costs, (2) repair costs, or (3) plat management costs. All increases during the Development Period must directly reflect increase in the above-recited costs. During the Development Period, the Declarant shall have the authority to reduce the annual assessments if economic data supports such reduction because of reduced maintenance costs or other anticipated Association expenses. (a) After the Development Period expires, the annual assessment may not be increased each year more than ten percent {10%) above the maximum assessment for the previous year without a vote of the membership pursuant to Section 3(b) of Article 7 of this Declaration. (b} After the Development Period expires, the annual assessment may be increased by more than ten percent (10%) over the previous year's maximum annual assessment only if two- thirds (2/3) of the members of the Association, who are voting in person or by proxy at a meeting duly called for this purpose, consent to such an increase. (c) After the Development Period expires, the Board of Directors shall fix the annual. assessment in accord with the above recited staadazds. Section 7.4 Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association {or during the Development Period, the Declarant) may levy, in any assessment year, a common assessment, applicable to that year only, for the purpose for defraying, in whole or in part, the cost of any construction, reconstruction, repair.or replacement of a capital improvement upon the Common Maintenance Areas not prohibited by this Declazation, including fixtures and personal property related thereto, provided that any such assessment for those capital improvements or repairs exceeding $5,000.00 shall have the assent of two-thirds {2/3) of the members of the Association who are voting in person or by proxy at a meeting duly called for this purpose. This $5,000.00 threshold shall be increased by five percent (5%) each year commencing in 3anuary 2002. Only one such special assessment of any kind maybe levied in any fiscal year and only one such assessment may be levied in any five year period for any project that is a continuation of a project for which there has previously been a special assessment. Section 7.5 Notice and Quorum for any Action Authorized Under Article 7, Sections 3 and 4. Written notice of the place, day, hour and purpose of any meeting called for the purpose of taking action authorized under this Article 7, Sections 3 and 4 of this Article shall be sent to all member not less than thirty (30) days nor more than fifty (50) days in advance of the meeting, and in such manner as may be specified by the Bylaws of the Association. At the first meeting called, the presence of sixty percent (60%) of the member of the Association or of proxies entitled to cast sixty percent (60%) of the votes of the Association shall constitute a quorum. If the required quorum is not present, another meeting may be called subject to the same notice requirement; the required quorum at the subsequent meeting shall be one- half of the required quorum at the preceding meeting. l:n the event that a quorum is still not achieved at the second meeting, then the Declarant, during the Development Period, and the Boazd thereafter, shall have the sole and exclusive authority to initiate a special assessment and carry out the capital improvements more fully described in Section 4 herein without first obtaining the approval of the required number of member of the Association as further defined in Sections 4 and 5 herein. Section 7.6 Uniform Rate of Assessment. Both annual and special assessments arising under Article 7, Sections 3, 4 11 and 12, must be fixed at a uniform rate for all Lots, provided, however, that, as stated in Article 7, Section 10, any Lot owned by the Declazant shall not be subject to any CC&Rs - BARCLAY PLACE DIVISION NO. 1 -- Page 9 CCf~BarclayPlac°Uc° 02/11/03 09:42 FAQ 360 832 2978 HERITAGE HOhIES 1~j011 assessments or cha4rges described in this Declaration. Assessments shall be collected on a monthly bi- monthly, quarterly, annual, or one-time basis as determined by the Declazant during the Development Period or by the Board for periods thereafter. Section 7.7 Date of Commencement of Annual Assessment; Due Dates. The annual assessments described in this Article shall commence immediately upon the closing of the sale of a home (sale of a Lot is excluded) to the initial purchaser or upon the initial occupation of the home, whichever occurs earlier. The first annual assessment for each Lot owner shall be pro-rated from the day that the sale closed (ar the home was occupied) through the first day of the first month after the calendaz month I which the Declaration is recorded. After the Development Period expires, the Board of Directors of the Association shall fix the annuat assessment. Written notice of the annual assessment shall be sent to every Owner subject to such assessments. The due date shall be established by the Boazd of Directors. The Association, or its agent, shall upon demand and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment on a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding upon the Association as of the date of its issuance. Section 7.8 Effect of Non-Payment of Assessments: Remedies of the Association. Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date until paid at the rate of twelve percent (12%) per annum. Each Owner hereby expressly vests in the Declarant during the Development Period, or the Association thereafter, or their agents the rights and powers to bring all actions against such Owner personally for the collection of such assessments as debts and to enforce lien rights of the Associate by all methods available for the enforcement of such liens, including foreclosure by an action brought in the name of the Association in a like manner as a mortgage of real property. Such Owner hereby expressly grants to the Declarant or to the Association, as applicable, the power of sale in connection with such liens. The liens provided for in this Section shall be in favor of the Declarant or the Association, as applicable, and each shall have the power to bid in an interest at a foreclosure sale and to acquire, hold, lease, mortgage and convey the same. The Owner is responsible for the payment of all attorneys' fees incurred in collecting past due assessments or in enforcing the terms of assessment liens (see Article 15, Section 5). No Owner may waive or otherwise escape liability for the assessments provided in this Article by non-use of the Common Areas, Common Maintenance Areas or abandonment of his or her Lot. The Association shall have the right to suspend the voting rights and enjoyment of Common Areas (see Article 5, Section 1 (b)) of an Owner for any period during which any assessment against the Lot remains unpaid and for a period not to exceed sixty (60) days per infraction for any infraction of the terms of either this Declaration, the Articles or the Bylaws of the Association, or of any official, published rules and regulations of the Association; Section 7.9 Subordination of the Lien to Mortgage. The lien for assessments, provided for in this Article, shall be subordinate to the lien of any first mortgage or first deed of trust ("first mortgage"). Sale or transfer of any Lot shall not affect the assessment lien. However, the sale or transfer of any Lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, or the first mortgage holder's acceptance of a deed in lieu of foreclosure, shall extinguish the lien created pursuant to this Article as to payments which become due prior to such sale or transfer. No sale or transfer, however, shall {a) relieve such Lot Owner or Lot from liability for any assessments thereafter becoming due nor from the lien thereof, nor (b) shall relieve the delinquent Owner from personal liability for the amount of the payments which became due prior to such sale or transfer and the costs and attorney's fees. Section 7.10 Exempt Property. All property dedicated to and accepted by local public authority shall be exempt from the assessments provided for in this Article. Property and Lots within BARCLAY PLACE DIVISION NO. 1 owned by the Declazant, and all Common Areas, shall be exempt from any and all assessments provided for in this Declazation. This Section shall apply notwithstanding any other provision to the contrary in this Dec]azation; CC&Rs - BARCLAY PLACE DIVISION NO. 1 -- Pagc 10 CCR.BazclayPlaccUcn 02/11/03 09:39 FAX 360 832 2978 HERITAGE HO'_4fES f~001 PO Box 1269 Eatonville, WA 98328 Business 360-832-8877 Fax 360-832-2978 Cell 253-732-3840 I~ To: From: Fax: Pages: Phone: rr Date; ~ - ~ ~ Re: ~~~ C~V~.~~ar~~ CC: ^ Urge~~t ~F~Revie~~ D Please Comment ^ Please Reply ^ Please Recycle ~ Comments: ~~ I S 1 f ~ ~ ~ ~~rcn~ ~~ l~ ~~ ~~~.- ~G~ ~ G~ ~~~~~ dn~ 7~/~ r ~ ~ ~p ~~ ~~s~r~~?~~.~ ~ n S ~ G~~ .~ /~~e S r/h/~- ~~ !~V HERITAGE HOMES AND LAND, INC. Construction and Land Development P.O. Box 1269 • Eatonville. WA 98328 • Office 360-~~?-88i7 • Fax 360-832-2978 • Digital Pager 253-305-931 February 3, 2003 City of Yelm 105 Yelm Ave West PO Box 479 Yelm, WA 98597 Re: Hawks Landing Plat Approval; Summary of how developer has met all conditions of Approval Sewer 1. Developer has paid current LID sewer charges and has segregated the remaining LID charges into 60 individual parcels. ~~-2~. Existing septic system has been completely abandoned, removed and inspected. ®~". Developer has paid sewer latecomer fees. ~`4. The S.T.E.P. System has been completed and approved City of Yelm. Developer has hooked to water main and been approved by City of Yelm, and water fees C~ " `'' . will be paid at building permit. ~-6. Two existing wells have been abandoned and documentation provided to City of Yelm. ~. Wells did not have water rights. Latecomer fees have been paid in full. Appropriate irrigation systems have been installed and approved by City of Yelm and a note on the plat stating that owners were to maintain all planting strips in front of homes. Stormwater ~~Developer has complied with all conditions of storm water management. G-r(f~-I. Stormwater maintenance plan has been submitted and approved by City of Yelm. G~ Developer has submitted a homeowner's covenant for maintenance of Stormwater facility and assessment of fees for maintenance. Stormwater has been designed and accepted by City of Yelm per WSDOT Department of Ecology's Stormwater Management Manual. ti~ Transportation ~~. All street improvements have been completed and approved by City of Yelm. ,~S. Developer is requesting a deferment of the improvements on Hwy 507 and is putting up a U Performance Bond for 150% of the cost for the frontage improvements that has been approved by the City of Yelm Engineer, as these plans for State Rd 507 were not approved by the State prior to completion of this development. It is the Developer's intention to complete these improvements in the spring of 2003. ~16. The transportation facility charge will be due and payable at building permit and no development of the commercial tract has been applied for. Fire Hydrants have been installed and approved by City of Yelm. Plan was submitted and approved by City of Yelm. Lot Setbacks ~ Building envelopes are shown on face of the plat and have been approved by the City of Yelm. Open Space Developer has provided open space as required by City of Yelm. It has been approved and is shown on the face of the plat. 21. Developer has installed sport court, benches, and open space landscaping. L dsca in Developer completed a combination of landscape buffer and solid wood fence around entire project that has been approved by the City of Yelm. Environmental ~- Developer complied with all mitigation of MDNS issued on October 19, 2000. S division Name and Pro ert Addresses Developer submitted the name Hawks Landing as the name for this subdivision and has __.__. been approved by Thurston County. ~'---- 25. City of Yelm provided Developer with addresses and the have been noted on final pla i~,~{-- ,--, GC~~ral Public Works Lighting has been installed and approved per the City of Yelm and will be dedicated to the ~~ City of Yelm at final plat. Developer submitted a plan for grading and was approved by the City of Yelm. ~~' Developer contacted Olympic Puget Sound Air Pollution Control Authority and not permits were necessary for removal of any materials containing asbestos and /or lead paints. 29. There was a garage and two buildings on the subject property. The building on the proposed r commercial site has been left intact, and the residential home and detached garage on the residential portion of the subdivision was not demolished or destroyed. The two structures are being moved per state building moving permit to an approved building site in Pierce County, building permit application #358658. Sincerely, .~-~---~ ... ,. i ~`ti ~~ / ~. ~ ~,'~ i ent City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Rick Knopf, Public Finance From: Tami Merriman, Assistant Planner Date: February 7, 2003 Re: LID Segregation for Hawks Landing Subdivision Hi Rick: Attached please find a LID Segregation application for the Hawks Landing Subdivision. On February 3, 2003, Mr. Bruno paid to bring his LID assessment, and penalties current. A copy of the receipt is attached. We plan to go before City Council with the final plat on March 26, 2003. All items for the City Council Agenda must be submitted by March 19, 2003. I have included 2 maps for your use. If you would like any additional information on the maps, I would be happy to add it. Just let me know what you need. Thanks Rick, I look forward to hearing from you. Tami Merriman Assistant Planner Document2 Memorandum To: Thurston County Assessor From: Tami Merriman, Assistant Planner Date: February 6, 2003 Re: Hawks Landing Final Plat SUB-03-8330-YL Enclosed please find the Final Plat Application, and related documents for SUB-03-8333-YL Hawks Landing, for the construction of 60 single family residential lots. Please review and submit comments to the City of Yelm Community Development Department, on or before February 19, 2003. Thank you, Tami Merriman Assistant Planner C:\Community Development\Project Files\SUB Full Plat Subdivision\8333 Hawks Landing Final\dist memo.doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Eddie True, E. True and Associates Land Surveying From: Tami Merriman, Assistant Planner Date: February 6, 2003 Re: Hawks Landing Final Plat SUB-03-8330-YL Enclosed please find the Final Plat Application, and related documents for SUB-03-8333-YL Hawks Landing, for the construction of 60 single family residential lots. Please review and submit comments to the City of Yelm Community Development Department, on or before February 19, 2003. Thank you, Tami Merriman Assistant Planner C:\Community Development\Project Files\SUB Full Plat Subdivision\8333 Hawks Landing Final\dist memo.doc o~ ~H~ ~ ~ City of Yelm ' ~~ Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 YE3~3_..y.. (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: February 6, 2003 Re: Hawks Landing Final Plat SUB-03-8330-YL Enclosed please find the Final Plat Application, and related documents for SUB-03-8333-YL Hawks Landing, for the construction of 60 single family residential lots. Please review and submit comments to the City of Yelrn Community Development Department, on or before February 19, 2003. Thank you, Tami Merriman Assistant Planner C:\Community Dcvclopmcnt~,Pr~~jcct Filcs`,SUt3 Full Plat Suhdivision\5333 Hawks LancJin~ Final'~,dist mcmcr.doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Dan Bruno From: Tami Merriman, Assistant Planner Date: January 28, 2003 Re: Fees for final plat submission Sewer Latecomer Fee: $11,798.32 Water Latecomer Fee: $13,711.19 Assessment fees to bring assessment current: $31,515.82 21725111000 21725120000 21725120100 Penalty: $910.44 Penalty: $910.44 Penalty: $912.24 Interest: $2,297.66 Interest: $2,297.66 Interest: $2,309.55 Principle: $7,292.61 Principle: $7,292.61 Principle: $7,292.61 Segregation Application: $2,500 Fee $1,000 + $25 per lot Final Plat Application Fee: $750.00 G:\Community Development\Project Files\SUB Full Plat Subdivision\Hawks Landing Final\fees.doc CF THE p~9~" • a ~_ Ci o Yelm 4 M 105 Yelm Avenue West P.O. Box 479 YELM Yelm, Washington 98597 WASNINOTON (360) 458-3244 December 14, 2000 Mr. Dan Bruno Heritage Homes & Land Inc. PO Box 1269 Eatonville, WA 98328 Re: Hawks Landing Preliminary Plat Approval, SUB-00-8254-YL-Notice of Final Decision Dear Mr. Bruno: On December 13, 2000, the Yelm City Council considered your application for the above referenced project. After review of the Planning Commission's recommendation, public hearing comments and the staff report dated November 13, 2000, the City Council finds that the project, as conditioned below: A. Adequately provides for the public health, safety and general welfare and for such open spaces, drainage ways, streets, potable water supplies, sanitary wastes, parks and recreation, schools, sidewalks; B. That the public use and interest will be served by the platting of such subdivision and dedications; and C. The subdivision is in conformance with The Yelm-Thurston County Joint Comprehensive Plan, the City Zoning Ordinance and the City's Development Guidelines. Preliminary Plat approval is valid for five (5) years from the date of City Council approval. Upon failure to submit a final plat prior to expiration of preliminary plat approval, no subdivision will be approved without submission and review of a new preliminary plat. Pursuant to Chapter 15.49, Integrated Project Review Process, a Preliminary Plat is a Type IV Permit and can be appealed in Superior Court as set forth in RCW 36.70C., JUDICIAL REVIEW OF LAND USE DECISION. The affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office. The preliminary plat is approved subject to the following conditions of approval: Sewer 1. The property is located within the Mill Pond LID District. This property has been assessed a total of 60 ERU's within the LID. ERU's within the LID are at a cost of $1,823.15/ERU, paid on an annual basis over 15 years. In addition, the number of ERU's in the LID are charged shook-up fee of $2,480 (fee subject to change) at the time of building permit issuance. Remaining ERU's are charged at the current rate of $4,850/ERU, payable at building permit issuance. All ERU's require an inspection with a fee of $145.00 per ERU also payable at building permit issuance. 2. 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. 3. The property is subject to a latecomer's agreement between the City of Yelm and Nisqually Estates dated January 13, 1999, for a sewer line extension. The applicant shall pay the latecomer in the amount of $$11,798.32 prior to final plat approval. 4. The S.T.E.P. System shall be designed to City standards. The applicant shall submitfinal civil plans to the Public Works Department for review and approval. Water 5. The Proponent shall connect to the City's water system. There is an existing 10" watermain located along Highway 507. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are charged a current rate of $1,000/ERU (fee subject to change) inside city limits. One ERU would be charged to each residential building lot. These fees are payable at building permit issuance. 6. Existing wells on-site shall be abandoned per Department of Ecology standards and documentation submitted to the Thurston County Health Department for review. 7. Water rights for the abandoned wells shall be dedicated to the City of Yelm. 8. The property is subject to a latecomer's agreement between the City of Yelm and Nisqually Estates dated January 13, 1999, for a water main extension. The applicant shall pay the latecomer in the amount of $13,711.19. prior to final plat approval. 9. All 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 Public Works Department for review and approval. stormwater 10. 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. 11. The applicant shall submit a storm water operation and maintenance plan to the Public Works Department for approval prior to final plat approval. 12. 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. 13. WSDOT will only accept surface water runoff equal in quality and quantity to that of the pre- developed site. Any additional surface water runoff generated, impacting State property, will Page 2 of 4 require appropriate stormwater mitigation in accordance with the Department of Ecology's stormwater Management Manual. Transportation 14. The applicant shall complete all street improvements as identified in the Mitigated Determination of NonSignificance 15. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Frontage improvements for Highway 507 shall be consistent with the section "majorarteriaf'. Interior street improvements shall be consistent with the section "local access residentiaP'. 16. The proponent 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 proponent will be responsible for a TFC of $757.50 which is payable at time of building permit. The traffic impact for the commercial use shall be determined at the time of a proposed use and land use application for the site. Fire 17. The applicant shall submit fire flow calculations for existing hydrants. All hydrants must meet minimum City standards. 18. The applicant shall submit a fire hydrant plan to for review and approval. Lot Setbacks 19. The applicant shall submit a plat map with building envelopes to ensure all setbacks can be obtained. Open Space 20. The applicant shall provide open space on site in the location and equivalent to the area required for the future Y2 right-of-way. 21. The applicant shall submit a final improvement plan for the open space. The plan shall demonstrate compliance with Chapter 14.14.050. Landscaping 22. The applicant shall submit a final landscaping plan to include the perimeterof the project site, planter strips, open space and stormwater facilities. Environmental 23. The applicant shall comply with the mitigation of the MDNS issued on October 19, 2000. Subdivision Name and Property Addresses 24. The applicant shall submit a subdivision name. The City will forward the name to the Thurston County Records Department for approval. Page 3 of 4 25. Prior to the submission final plat application, the applicant will provide the Building Department with a plat map for addressing. General Public Works 26. Per the City of Yelm's Development Guidelines street lighting and interior street lighting will be required. All lighting design will be submitted to Puget Sound Energy for review and approval. 27. The applicant shall submit a grading plan for review and approval prior to any on-site grading. 28. 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. 29. The applicant shall submit a demolition plan for all structures on the project site. The demolition plans shall address the presence of asbestos and lead paint. Any buildings containing asbestos and/or lead paint shall be demolished in accordance with all applicable state and federal laws and regulations. If you have any questions or if I can be of further assistance please contact me at (360) 458-8408. Sincerely, Catherine Carlson Community Development Director cc: Shelly Badger Stephanie Conners Tim Peterson Gary Carlson File Page 4 of 4