Loading...
Project ReviewADZ 4~~ o~ FILED SECRETARY OF STATE ARTICLES OF INCORPORATION APR 2 G 2005 STATE OF WASHINGTON OF BUCKHORN ESTATES HOMEOWNERS ASSOCIATION THE UNDERSIGNED, acting as the incorporator of the non-profit corporation under the provisions of the Washington Nonprofit Corporation Act (Revised Code of Washington Section 24.03 et. seq.), hereby adopts the following Articles of incorporation: ARTICLE I. NAME AND DURATION The name of this nonprofit corporation shall be Buckhorn Estates Homeowners Association (the "Association") and its duration shall be perpetual. ARTICLE II. NON-INUREMENT OF BENEFIT The Association is formed exclusively for purposes for which a corporation may be formed under the nonprofit corporation laws of the State of Washington and is not formed for pecuniary profit or financial gain. No part of the assets, income or profit of the Association shall be distributed to or shall inure to the benefit of its individual members, officers or directors, except to the extent permitted under the nonprofit corporations laws. ARTICLE III. PURPOSES 1. To provide for the administration, management, maintenance, preservation and care of the real property described in the Buckhorn Estates Declaration of Covenants and Conditions (hereinafter the "Declaration") and any additions thereto which may be hereinafter brought within the jurisdiction of the Association; and 2. To have and to exercise all of the powers and privileges and to perform all of the duties and obligations of the Association as set forth in the Declaration as it now exists or as the same may be amended from time to time hereafter as therein provided; and 3. To do everything necessary, proper, convenient or incidental to the accomplishment of the purposes and objects of the Association to the extent consistent with the Declaration; and Articles of Incorporation I~~DATA~D~6t1rnA~nFrojectFore,lncWticlaoflrxorporation.wpd Page 1 of 5 4. To have and to exercise any and all powers, rights and privileges which a corporation organized and existing under the Washington Nonprofit Corporation Act (Ch. 24.03 RCW) by law may now or hereafter have or exercise to the extent consistent with the provisions of the Declaration. ARTICLE IV. SCOPE OF ACTIVITY The Association shall have the power, either directly or indirectly, either along or in conjunction or cooperation with others, to do any and all lawful acts and things and to engage in any and all lawful activities which may be necessary, useful, suitable, desirable or proper for the furtherance, accomplishment or attainment of any or all of the purposes for which the Association is organized. Notwithstanding any provision herein to the contrary, however, the Association shall exercise only such powers which are consistent with the exempt purposes of organizations set forth in Section 528 of the Internal Revenue Code of 1986 ("IRC"), and the regulations thereunder as the same now exist or as they may hereafter be amended from time to time. ARTICLE V. POWERS The Association shall carry on any activity permitted to be carried on by a corporation exempt from federal income tax under IRC §528 (or the corresponding provision of any future United States Internal Revenue law). Subject to Article IV and to the restrictions and limitations imposed on nonprofit corporations by the laws of the State of Washington dealing with exempt organizations, the Association shall have the powers specified in Chapter 24.03 RCW. ARTICLE VI. DISTRIBUTION ON DISSOLUTION OR LIQUIDATION The Association may be dissolved in a manner not inconsistent with the Declaration or RCW Ch. 24.03 as they are now written or as they may hereafter be amended from time to time. Any such dissolution shall require the majority vote of the members entitled to vote. Upon the dissolution of the Association, the assets of the Association shall be applied and distributed in accordance with RCW 24.03.225 and a plan of distribution adopted pursuant to RCW 24.03.230. The assets will be distributed to another like non-profit corporation or organization. ARTICLE VII. PLACE OF OPERATION The operations of the Association are to be conducted principally within the Plat of Buckhorn Estates, Thurston County, State of Washington. Articles of Incorporation I:~DATA~D~BHD~M~FrojedFore,IocWrticboflnooryoruioawpd Page 2 of 5 ARTICLE VIII. REGISTERED OFFICE AND REGISTERED AGENT The registered office of the Association shall be 945 113`h Avenue S.E.,, Olympia, WA 98501, and the initial registered agent shall be Barry Howard. ARTICLE IX. MEMBERS The membership of the Association shall be defined in the Declaration. ARTICLE X. DIRECTORS The functions of this Association shall be administered by a Board of Directors. The initial number of Directors of the Association shall be one (1). The qualifications, terms of office and manner of selection of which, together with a time and place of their meeting, shall be prescribed by the Bylaws of the Association. ARTICLE XI. BYLAWS The Board of Directors of the Association (hereinafter the "Board") shall adopt Bylaws for the Association to provide for the administration, regulation and management of the Association in a manner consistent with these Articles, the Declaration and IRC § 528, as now enacted or as the same may be hereafter amended from tune to time. The Board shall at all times manage the affairs of the Association so as to qualify as an exempt association under IRC § 528. The Board may, from time to time, by vote of a majority of its members, alter, amend or repeal the Bylaws of the Association to the extent provided for, by and consistent with the Declaration. ARTICLE XII. INDEMNIFICATION Any present or future director, officer or employee, or the executor, administrator or other legal representative of any such director, officer or employee, shall be indemnified by the Association against reasonable costs, expenses, counsel fees, judgments, fines and amounts paid in settlement, paid or incurred in connection with any action, suit or proceeding (whether civil, criminal, administrative or otherwise) to which any such director, officer or employee or his executor, administrator or other legal representative may hereafter be made a party by reason of his being or having been such director, officer or employee of the Association, or at the request of the Association, the holder of an equivalent position in or a member of another enterprise. The foregoing indemnification shall be subject to the following conditions: (1) that said action, suit or proceeding shall be prosecuted against such director, officer or employee, or his executor, administrator or other legal representative to final determination, and it shall not be finally adjudged in said action, suit or proceeding that he or she had been derelict in the performance of his duties as such director, officer or employee, or (2) that said action, suit or proceeding shall be settled or otherwise terminated as against such director, officer or employee, or his Articles of Incorporation 1:~DA7A~D~BHD\MWrojectFore,IncUrticksoflncorpontion.wpd Page 3 of 5 executor, administrator or other legal representative without a final determination on the merits, and it shall be determined that such director, officer or employee had not been derelict in the performance of his duties in matters related to such action, suit or proceeding, such determination to be made by a majority of the directors, if disinterested. If a majority of the directors is not disinterested, then such determination shall be made by any one or more disinterested persons selected by the disinterested directors, or the membership, at any annual or specific meeting. The foregoing right of indemnification shall be exclusive of any other rights to which any director, officer or employee may be entitled as a matter of law or which may be lawfully granted to him or her; and the indemnification hereby granted by the Association shall be in addition to and not in restriction or limitation of any other privilege or power which the Association may lawfully exercise with respect to the indemnification or reimbursement of directors, officers of employees. ARTICLE XIII. AMENDMENT ARTICLES The Association may amend these Articles of Incorporation from time to time in any and as many respects as may be desired so long as said Articles of Incorporation, as amended, contain only such provisions as aze consistent which the Declaration and as are lawful under RCW Ch. 24.03, as now enacted or as hereafter amended. Where there are members having voting rights, the Board shall adopt a resolution setting forth the proposed amendment and directing that it be submitted to a vote at a meeting of members having voting rights, which may be either an annual or special meeting. Written or printed notice setting forth the proposed amendment and a summary of the changes to be effected thereby shall be given to each member entitled to vote at such meeting within the time and in the manner provided in the Declaration for the giving of notice of a meeting of members. Amendment to these Articles of Incorporation shall require the assent of a majority of the Association members then entitled to vote. Where there are no members of the Association, or no members having voting rights, an amendment shall be adopted at a meeting of the Boazd upon receiving the vote of a majority of the Directors in office. Any number of amendments may be voted on at any one meeting. ARTICLE XIV. NAME OF INITIAL DIRECTOR The first director of the Association shall be: Barry Howazd, whose address is 945 113`h Avenue S.E., Olympia, WA 98501. Articles of Incorporation I:\DATA~D~BHDVoi~Project Fore, inc4lrticks of focorporation.wpd Page 4 of 5 ARTICLE XV. NAME OF INCORPORATOR The name and address of the incorporator of the Association is: Barry Howard, 945 113`h Avenue S.E., Olympia, WA 98501. IN WITNESS WHEREOF, for purposes of forming this Association under the laws of the State of Washington, the undersigned, constituting the sole incorporator of this Association, has executed these Articles of Incorporation this Z~ day of ~3~; 2005. UU;;ttr~"'r Barry Howard Incorporator CONSENT TO SERVE AS REGISTERED AGENT I, Barry Howard, hereby consent to serve as Registered Agent, in the State of Washington, for the following corporation, Buclchorn Estates Homeowners Association. I understand that as agent for said corporation, it will be my responsibility to receive service of process in the name of the corporation; to forward all mail to the corporation; and to immediately notify the office of the Secretary of State in the event of my resignation, or of any changes in the registered office address of the corporation for which I am agent. Date: ~ z ~ ' `~ S Barry Howard, Registered Agent Registered Office Address: 945 113"' Avenue S.E., Olympia, WA 98501 Articles of Incorporation I:\DATA\D\BHDVv1U'roject Fore, IncWrticks oClncorporation.wpd Page 5 of 5 CONSENT TO ACTION OF BOARD OF DIRECTORS IN LIEU OF ORGANIZATIONAL MEETING OF BUCKHORN ESTATES HOMEOWNERS ASSOCIATION Pursuant to Section 24.03.155 and 24.03.465 of the Revised Code of Washington, the undersigned, being all the directors of Buckhorn Estates Homeowners Association, a Washington non-profit corporation ("Corporation"), do hereby consent to and take the following actions without a meeting: ARTICLES OF INCORPORATION The Articles of Incorporation were filed in the Office of the Secretary of State of the State of Washington on `~` ~ z ~ , 2005. A copy of the Articles with evidence of their filing has been inserted in the Minute Book of the Corporation. ADOPTION OF BYLAWS RESOLVED, that the Bylaws in the form attached to this Consent are adopted as the Bylaws of the Corporation. The Secretary is directed to insert them in the Minute Book. ELECTION OF OFFICERS RESOLVED, that the following persons area elected to fill the offices set opposite their respective names: President Barry Howard Vice-President Secretary Barry Howard Treasurer Barry Howard BANK ACCOUNTS RESOLVED, that the Treasurer is hereby authorized: (a) To designate one or more banks, trust companies, or other similar institutions as depositors of the funds, including without limitation, cash and cash equivalents, of this corporation; (b) To open, keep and close general and special bank accounts, including general deposit accounts, payroll accounts, and working fund accounts, with any such depository; (c) To cause to be deposited in such accounts with any such depository, from time to time, such funds of this corporation as such officer deems necessary or advisable, and to designate Consent to Action Pa e 1 of 2 I:~DATA~D1B2iD~MlProjat Foro, InclConsrnt to Action.wpd g or change the designation of the officer or officers and agent or agents of this corporation who will be authorized to make such deposits and to endorse checks, drafts or other instruments for such deposits; (d) From time to time, to designate or change the designation of the officer or officers and agent or agents of this corporation who will be authorized to sign or countersign checks, drafts or other orders for the payment of money issued in the name of this corporation against any funds deposited in any of such accounts, and to revoke any such designation; and (e) To complete, execute and/or certify any customary printed blank signature card forms in order conveniently to exercise the authority granted by this resolution and ally resolution printed thereon shall be deemed adopted as a part hereof. RESOLVED FURTHER, that all form resolutions required by any such depository are hereby adopted in such form utilized by the depository, and the Secretary of this corporation is hereby authorized to certify such resolutions as having been adopted at this meeting. ASSESSMENT OF MONTHLY MAINTENANCE ASSESSMENT RESOLVED, that each Member pay an annual assessment to the corporation in the sum of $300.00 per year, which assessment shall be used for the business of the corporation pursuant to any budget adopted from time to time by the Board of Directors, and for the purposes set forth in the Covenants, Conditions and Restrictions for the plat of Buckhorn Estates. DIRECTOR: Barry Howard Date: ~f -ZG°US~ Consent to Action L~DATA~D~BHDV~projeq Fore, InclConsent to Aaion.wpd Page 2 of 2 Form $$-4 Application for Employer Identification Number (Rev. December 2001) (For use by employers, ~~~~ ps, trusts. estates, gNrretMas, Department or the Treasuy gOYBfnrrlerN agenCleS' '~4~ ~ba erltitieS, Certain lrldiyidu8llii, arld pti181'S.) EIN Internal Revenue Service - See Separate ~IShLCfipng TOr each line. - Keep a Copy for your rer:ords. OMB No. 1545-0003 1 Legal name of entity (or individuan for whom the EIN is being requested Buckhorn Estates Homeowners Association ~'' 2 Trade name of business (-f different from name on line 1) 3 Executor, tru~ee, "Care af" Warne tp ar Barry Howard v 4a Mailing address (room, apt., suite no. and street, ar P.O. box) Sa Street address Crf different) (Do not enter a P.O. box.) c 945113th Avenue S.E. t1 ~ 4b City, state, and ZIP code 5b City, state, and ZIP code Olympia, WA 98501 O. 6 County and state where principal business is located ~~+ Thurston County, Washington 7a Name of principal officer, general partner, grantor, owner, or trustor Barry HowaM 7b SSN, ITIN, or EIN 8a Type of entity (check only one box) ^ Sole pro)xietor (SSN) ^ Estate ~N ~ decedent) ^ Partnership ^ Plan administrator (SSN) ^ Corporatlon (enter form number to be filed) - ^ Persona! service corp ^ Trust (SSN of grantor) ^ National Guam ^ State/locai ' , government . ^ Church or church-controlled organization ^ Farmers' cooperative ^ Federal govemment/miGtary ^ R EMIC ® Other nonprofit or rrzation s Homeowners Association ^ Man tribal governments/enterprises ~ (P~Ity) - G ^ Other (s ) - roup Exemption Number (GEN) - 8b ff a corporatlon, name the state or foreign country State Qf applicable) where incorporated F~gn country Washington Reason for appyirtg ccheck «ty one box). ~ Started new business (specify type) - Homeowners Association ^ Hued employees (Check the box and see line 12.) ^ Compliance with IRS withholding regulations ^ Other (specify) - Date business started or acquired (month, day, year) 10 ^ Banking purpose (specify purpose) - ^ Changed type of organization (specify new type) - ^ Purchased going business ^ Created a trust (specify type) - ^ Created a pension plan (specify type) - 11 Closing month of accarnting year 12 First date wages or annuities were paid or will be paid (month, day, year). Note; K applicant is a wittdzold' first be paid to nonresident alien. (month, day, year) . r^9 ~E enter date income will . . - None 13 Highest number of employees expected in the next 12 months. Note: If the applicant does not Agricultural Household Other expect to have any employees during the period, enter "-t7-. ^ - -0- -0- 14 Check one box that best descn'bes the ~~" principal activity of your business. ^ lieaatt rare b social assistance ^ Wholesale-ageM/broker ^ Construction ^ ReMal & leasing ^ Transportation & warehousing ^ Accorrrrrodation & food service ^ Wholesale-other ^ Re[ail ^ Real estate ^ Manufacturing ^ Finance & insurance ®Other (specify) Homeowners Association 75 Indicate principal line of merchandise sole!; specific construction wtxk done; Homeowners Association Services products ~~' or ~' ~o~~' 16a Has the applicant ever applied for an employer identification number for this ar any other business? , Note: If "Yes, "please complete litres 16b and 16c. ^ Yes 0 No 16b if you checked "Yes" on Nne 16a, give applicant's legal name arxi tree ~~ sttowrr ~ P~ application rt different ftarrt line 1 or 2 above. Legal name - Trade name - 18C Approximate date when, and city and state where, the application was ftled. Enter previous empto Approximate rate when Ftled (mo., day. year) ~ City and state where flied ~ iderNification number if known i f'-evlous EIN Complete this section only if you want to authorize the reamed irxlividual ~ receive the ertt• s EIN and answer dY titrestiorts shout the camplNion of this farm. Third Designee's name Party Bryce H. Dine °~'9"ce'S t`'k'~1p1e ""'~ f"'d"~ ~ ~) Designee Address and ZIP code (253 )848-3513 Designee's fax rxxr~er finctude ~ coda) 317 South Meridian. Puyallup, WA 98371 (253 )845^4941 ureter penakies o- perjtay, I declare that I hate examined this application, and to the best of my krgwledye and bale( it is true, coned and complete. MPt~'S nanber (vtcAtde area Name and title (type or print dearly) Bany Howard, President ( 360 )352.5872 ~ f/ Applicant's fax number (ax:lude area code) Si elute - Date - fj-Zen-~~" (~ ) 70S ~'v 3 For Privacy Act aril Paperwork ReduCtiat Act Notice, see separate irtstructfons. Cat. No. 16055N farm $$-4 (Rev. 12-2001) BY-LAWS OF BUCKHORN ESTATES HOMEOWNERS ASSOCIATION ARTICLE I Name and Location of Meetings The name of the corporation is Buckhorn Estates Homeowners Association, hereinafter referred to as the "Association." Meetings of the Members and Directors may be held at such places within the State of Washington, County of Thurston, as may be designated by the Board of Directors. ARTICLE II Membership The membership of the Association shall consist of one class of Members, being any individual who is the owner of a residential lot within the Buckhorn Estates plat filed with the Thurston County Auditor under Auditor's recording no. At any meeting of the membership of the corporation each member so present shall be entitled to one vote. ARTICLE III Management The business and property of the Association shall be managed by a Board of Directors. By-Laws I:~DATA~D~BHDUNW~ojec~ Fore, lac~6y-t..ws.wya Page 1 of 15 ARTICLE IV Meeting of Members Section 1: Annual Meeting. ~'he regulaz annual meeting of the Members shall be held on the first day of ~ ` r~ of each year beginning in 2005. Section 2: ~ecial Meetings. Special meetings of the Members may be called at any time by the President or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the membership . Section 3: Notice of Meetings. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least thirty (30) days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books for the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4: uorum. The presence at the meeting of Members or proxies entitled to cast, twenty-five percent (25%) of all the votes of the membership shall constitute a quorum for any action. If, however, such quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5: Pro ies. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every By-Laws P~ Qe 2 of 15 I:~DATA~DIBHD~M~Projal Forc, Inc~By-Laws.wpd ~'C proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Residential Lot. Section 6: Members. Every Owner of a Residential Lot shall be a Member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Residential Lot which is subject to assessment by the Association. Section 7: Voting Rights. The Association shall have one class of voting membership comprised of all Owners who shall be entitled to one vote for each Residential Lot owned. When more than one person holds an interest in any Residential Lot, all such persons shall be Members. The vote for such Residential Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Residential Lot. Section 8: Definition. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any lot which is a part of the plat of Buclchorn Estates and which may be more particularly defined in Article III of the Declaration of Covenants, Conditions and Restrictions. ARTICLE V Board of Directors: Selection, Term of Office Section 1: Number. The affairs of this Association shall be managed by a Board of one (1) Director, however, at such time as the permanent Board of Directors is elected pursuant to the Declaration then the number of Directors shall be at least three (3), but not more than five (5) Directors, and each Director must be a Member of the Association. By-Laws I:~DATASDrBFInv,,1P.nect Fore, Inc~By-Laws.wpd Page 3 of 15 Section 2: Term of Office. The first directors, which are elected by the lot owners, one director shall be elected for a term of two yeazs, one director for a term of one year and if there are three or more directors elected, then an uneven number shall be elected for a term of one year and the balance for a period of two years. Thereafter, at each annual meeting of the members, they shall elect those directors whose terms have expired for a period of two years. Section 3: Removal. Any Director may be removed from the Board, with or without cause, by a majority vote of all the Members of the Association. Any vacancy in the Board of Directors created or caused by any reason whatsoever, may be filled by an election held at a special meeting of the members of the Association called for that purpose or by the remaining Directors, if a special meeting of the Association does not occur within sixty (60) days of the occurrence of the vacancy. Section 4: Comaensation. No Director shall receive compensation for any service he may render to the Association. However, any Director may be reimbursed for his actual expenses incurred in the performance of his duties. Section 5: Action Taken Without a Meeting. The Directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the Directors. Any action so approved shall have the same effect as though taken at a meeting of the Directors. By-Laws 1:1DATA~D~BHD~MWroject Fore, Inc1By-Laws.wpa Page 4 of 15 ARTICLE VI Nomination and Election of Directors Section 1: Nomination. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting. The Nominating Committee shall make as many nominations for election to the Board of Directors as it shall in its discretion determine, but not less than the number of vacancies that aze to be filled. Section 2: Initial Election of Directors by Members. At such time as the Declarant shall no longer be able to act or appoint the Board of Directors as provided for in the Declaration, the Declazant shall appoint a nominating committee consisting of the Declarant and three other members who aze not presently members of the board of directors who shall make as many nominations for election to the board of directors as it shall in its discretion determine but not less than the number of directors previously been appointed by the Declarant. Once the nominating committee has made its nominations, then a list of the nominations together with a ballot shall be sent to all members by regular mail and shall then vote by mail as to who shall constitute the initial boazd of directors to be elected by the members. Said ballots by mail shall be returned to such person or entity as may be designated by the nominating committee at such time but in any event no longer By-Laws I:~DATA\D1BHI~A~Projat Fore, 1nc~By-Laws.wpd Page 5 of 15 than two weeks from the date of mailing. Those persons receiving the largest number of votes shall be elected to the vacant director positions. They shall then constitute the initial elected board of directors until the next annual meeting of the members. Section 3: Election. At the election of Directors the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VII Meetings of Directors Section 1: Regular Meeting. Regulaz meetings of the Boazd of Directors shall be held at such time and place as the Board of Directors may fix. If any day fixed for a regular meeting shall be a legal holiday at the time where the meeting is to be held, the meeting shall instead be held at the same hour on the next succeeding business day. Notice of regular meetings of the Board of Directors need not be given except as otherwise required by statute or these Bylaws. Section 2: Special Meetings. Special meetings of the Boazd of Directors shall be held when called by the president of the Association, or by any one Directors, after not less than ten (10) days notice to each Director. Section 3: uorum. A majority of the number of Directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as the act of the Boazd. By-Laws 1:1DATAW~BHDVd\Project Fore, Inc~By.Laws.wpd Page 6 of 15 Section 4: Waiver of Notice. Attendance of a Director at a meeting shall constitute a waiver of notice for such meeting, except where a Director attends for the express purpose of objecting to this transaction of any business because the meeting is not lawfully called or convened. A waiver of notice signed by the Directors whether before or after the time stated for the meeting shall be equivalent to the giving of notice. ARTICLE VIII Powers and Duties of the Board of Directors Section 1: ower . The Boazd of Directors shall have power to: (a) exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these By-Laws, the Articles of Incorporation, or the Protective Covenants and Restrictions; (b) declare the office of a member of the Board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors; (c) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties; (d) file legal action on behalf of the Association to enforce any covenants affecting the properties. Section 2: Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or any special meeting which such meeting has been called by the Members; By-Laws is\DATA\D1ByDUNlproject Fore, IndBy-Laws.wpcl Page 7 of 15 (b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) as more fully provided in the Protective Covenants and Restrictions of Buckhorn Estates Homeowners Association, as amended, to: (1) fix the amount of any assessments against a Residential Lot and to send a written notice of such assessment to every owner at least thirty (30) days in advance of such assessment. (2) foreclose any liens against the property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the Owner personally obligated to pay the same. (d) procure and maintain at the discretion of the Board of Directors adequate hazard insurance on property owned by the Association; (e) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (f) cause the property held by the Association to be maintained in accordance with the provisions of the Protective Covenants and Restrictions. ARTICLE IX Officers Section 1: That the officers of the corporation shall be elected annually by the board of directors at a meeting scheduled for that purpose. Section Z: President. The President of the Board of Directors shall supervise all activities of the corporation; execute all instruments in its behalf; preside at all meetings of By-Laws I:~DATA~D16IiDVN1Froect Fore, Inc~By-I,aws,wpd Page 8 of 15 the Board of Directors and of the membership of the corporation; and perform such other duties usually inherent in such office. Section 3: Vice-President. The Vice-President of the Board of Directors shall act for the President in his absence and perform such other acts as the President may direct. Section 4: Secretary. It shall be the duty of the Secretary of the Board of Directors to keep all records of the Board of Directors and of the corporation, and to perform such other acts as the President may direct. Section 4: Treasurer. The Treasurer shall receive and be accountable for all funds belonging to the corporation; pay all obligations incurred by the corporation and maintain bank accounts in depositories designated by the Board of Directors; and render periodic financial reports. ARTICLE X Assessments Section 1: Each member is deemed to covenant and agree to pay the Association: 1. An annual assessment or charge which shall be the sum of Two Hundred Dollars ($200.00) per year per lot, and shall be effective as of the 1~` day of January of each calendar year. 2. Special assessments for capital improvements. In addition to the annual assessments authorized above, the association may levy a special assessment applicable only to the year in which the assessment is made for the purpose of defraying in whole or in part the cost of any unexpected repair or replacement of capital improvements upon the common areas including necessary fixtures and personal By-Laws Pape 9 of 15 I:~DATA~D\BHDVv1~Projecl Fore, Inc~By-Lawa.wpd b property located therein. That any special assessment for the construction of new facilities or the acquisition of new equipment and which is not for the upgrade, repair, or replacement of existing construction of equipment shall require the approval of the vote of sixty six and two thirds percent of the lot owners at a meeting called for that purpose. 3. Purposes of Association. The assessments shall be used exclusively for the purposes as set forth in the Covenants and Restrictions for Buckhorn Estates. Section 2. Annual Assessment. Within thirty (30) days after the adoption by the Board of Directors of any proposed regulaz of special budget of the Association, the Board shall set a date for a meeting of the owners to consider ratification of the budget not less than fourteen (14), nor more than sixty (60) days after mailing of the summary. Unless at that meeting the owners of a majority of the votes in the Association reject the budget, in person or by proxy, the budget is ratified, whether or not a quorum is present. In the event the proposed budget is rejected, or the required notice is not given, the periodic budget last ratified by the owners shall be continued until such time as the owners ratify a subsequent budget proposed by the Board of Directors. Section 3. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy special assessments for capital improvements. Any such levy by the Association shall be for the purpose of defraying in whole or in part, the cost of any construction or reconstruction, or replacement of a described capital improvement upon the common areas as defined in the Covenants and Restrictions of Buckhorn Estates, provided that any such assessment shall have the assent of 66% of the votes of all lot owners, written notice of which shall be sent to all By-Laws I:~DATAID~BHDU~project Fore, 1~1By-Laws,wpl Page 10 of 15 members not less than thirty (30) days, nor more than sixty (60) days in advance of the meeting setting forth the purpose of the meeting. Section 4. Uniform Rate . All annual and special assessment shall be fixed at a uniform rate for those lots that are effected by that specific assessment. Section 5. Date of Commencement of Annual Assessment: Due Dates . As to each particulaz lot involved, the liability for the annual assessment shall begin on 15t day of January of each calendaz year and shall be payable on or before the 1st day of January of each year so long as the assessment is in effect. In the event the annual assessment is increased or decreased as provided for in these By-Laws, then the new assessment rate shall begin on the first day of January following the meeting at which the annual assessment rate was changed. The due date of any special assessment as provided in herein shall be fixed by the resolution authorizing such assessment. Section 6. Effect of Non-~avment of Assessments; Remedies. If any assessment is not paid within thirty (30) days after it was first due and payable, the assessment shall bear interest from the date on which it was due at the rate of twelve per cent (12%) per annum, and the Association may bring an action at law against the one personally obligated to pay the same and/or foreclose the lien against the property, and interest, costs, and reasonable attorney's fees of any such action shall be included in any judgment or decree entered in such suit. By-Laws Pa a 11 of 15 I:~DATA~D~BHD~M~Froject Fore, Inc16y-Lawa.wpd g ARTICLE XI Compensation That neither the officers or members of the board of directors shall receive compensation for their services, however, the Association may reimburse such director or officers for any out-of-pocket expenses incurred for and on behalf of the Association. ARTICLE XII Contracts, Loans, Checks, and Deposits Section 1: Contracts. The Board of Directors may authorize any officer or officers, or agent or agents, to enter into any contract or execute and deliver any instrument in the name of and on behalf of the corporation, and such authority may be general or confined to specific instances. Section 2: Loans. No loans shall be contracted on behalf of the corporation and no evidences of indebtedness shall be issued in its name unless authorized by a resolution of the Board of Directors. Such authority may be general or confined to specific instances. No loans shall be made by the corporation to its directors or officers. Section 3: Checks. Notes. Drafts. Etc. All checks, notes, drafts or other orders for the payment of money of the corporation shall be signed, endorsed or accepted in the name of the corporation by such officer, officers, person or persons as from time to time may be designated by the Board of Directors or by any officer or officers authorized by the Board of Directors to make such designation. By-Laws Pa a 12 of 15 I:~DATAID~B}1DUN1Project Fore, Inc16y-Laws.wpd g Section 4: Deposits. All funds of the corporation not otherwise employed shall be deposited from time to time to the credit of the corporation in such banks, trust companies or other depositories as the Board of directors may designate. ARTICLE XIII Waiver of Notice Whenever any notice is required to be given to any member or director of the corporation under the provisions of these Bylaws or under the provisions of the Articles of Incorporation or under the provisions of the Washington Non-Profit Corporation Act, a waiver thereof in writing, signed by the person or persons entitled to such notice, whether before or after the time stated therein, shall be deemed equivalent to the giving of such notice. ARTICLE XIV Indemniy cation To the full extent permitted by the Washington Non-Profit Corporation Act, the Corporation shall indemnify any person who was or is a party or is threatened to be made a party to any civil, criminal, administrative or investigative action, suit or proceeding (whether brought by or in the right of the Corporation or otherwise) by reason of the fact that said person is or was a director or officer of the corporation, or is or was serving at the request of the corporation as a director or officer of another corporation, against expenses (including attorneys' fees, judgment, fines and amounts paid in settlement) actually and reasonably incurred by said person in connection with such action, suite or proceeding; and the Board of Directors may, at any time, approve indemnification of any other person By-Laws I:~DATA~DIBHD~M~Projecr Fore, Inc~ByLawa.wpd Page 13 of 15 which the corporation has the power to indemnify under the Washington Non-Profit Corporation Act. ARTICLE XV Amendments These By-Laws may be amended by atwo-thirds vote of the membership of the corporation at any scheduled regular meeting of the membership. IN WITNESS WHEREOF we, all being the Directors of Buclchorn Estates Homeowners Association have hereunto set our hands this 2Cc day of 3~~, 2005. Barry Howard, Secretary By-Laws Pa a 14 of 15 I:~DATA\D~BFm~MlProjaK Fore,lne~By-Laws.wpd O CERTIFICATION I, the undersigned do hereby certify that I am the duly elected and acting Secretary of Buckhorn Estates Homeowners Association; the foregoing By-Laws constitute the original By-Laws of said Association as adopted at a meeting of the Directors hereof. IN WITNESS WHEREOF , I have subscribed my name this Z~ day of 3~~~, ar ' 2005. Barry Howard, Secretary By-Laws I:~DATAID~BHD1M~Projax Fore, Inc~By-Laws.wpd Page 15 of 15 After Recording Return to: Bryce H. Dille of Campbell, Dille, Barnett, Smith & Wiley, PLLC 317 South Meridian Puyallup, WA 98371 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR BUCKHORN ESTATES Grantor: Project Fore, Inc., a Washington corporation Grantee: Buckhorn Estates Legal Description (abbreviated): Lots 1 through 21 of the plat recorded under Thurston County Auditor's Recording Number_ Assessor's Tax Parcel No.: 21713310101 The Declarant herein as the owner in fee of the real property legally described in this Declaration, hereby covenant, agree, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefit of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall runwith the land as easements and equitable servitudes, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pape 1 of 38 I:~DATA~D~BHD1M~Project Fore, Inc~Declazation.wpd b of Buckhorn Estates, as "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the homeowner's association formed as a nonprofit corporation for the purpose of administering/his Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to Tract A delineated on the plat of Buckhorn Estates. Common areas shall also mean the property both real and personal in which the Association has been granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and Declaration of the same on the plat map recorded under the above referenced recording number. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer-Declarant"The Developer-Declarant shall mean Project Fore, Inc., a Washington Corporation. However Developer shall also include any entity which purchases multiple lots for the purposes of constructing residences thereon. At such time as Project Fore, Inc. has sold all of its lots, then a purchaser of those lots shall have all of the rights as Declarant hereunder and Project Fore, Inc. shall no longer be considered a Declarant or Development at the time of the sale of all of the lots. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all of the lots have been closed and sold to other than Developers. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pa e 2 of 38 I:\DATA\D\BHD\M\ProjeIX Fore, InclDeclaration.wpd g 10. "Housing Unit" shall mean the building occupying a Lot. i 1. "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company or state or federal agency which holds a first mote or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall refer to one of the Lots located in the Real Property described herein. (Lots 1 through 21 of the plat of Buckhorn Estates.) 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed oftrust encumbering a Lot or ocher portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this declaration is legally described as Lots 1 through 21 of the plat of Buckhorn Estates. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant, Project Fore, Inc., or its successor Declarant, shall appoint the sole director ofthe Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 3 of 38 I:~DATA~D~BFiD\M1Frojecl Fme, Inc~Decluation.wpd C determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. section Three: Authority of Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Decimation. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Notice to Owners. Not less than ten nor more than thirty days prior to the termination of the development, the Declarant or any Developers who then constitute the Board, shall give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws which Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation and by-laws of this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 4 of 38 ]:~DATA~D~BHD\M1FcojeM Fon, Inc~DecLrawn.wpd p ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of a deed for such Lot. Membership may not be separated from ownership of any Lot. All Members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mall or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: C'onveyance of Common Areas: Upon recording ofthis Declaration, and under the terms of the plat, the Declarant does hereby quit claim, convey and transfer all of its right, title and interest in and to Tract A as shown on the plat of Buckhorn Estates to the Buckhorn Estates Homeowners Association; reserving, however, to the Declarant for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, and occupation and control indicated elsewhere in this Declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. These tracts and other properties and improvements as described herein are referred to as the "Common Areas" together with any other easements which are defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas subject to any restrictions delineated on the plat of the properties. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: ~andard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and incompliance with all applicable codes and regulations. The common areas shall include DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 5 of 38 I:~DATA~D~BHD\IN~Project Fote, Inc~pecleratun.wpd g but not be limited as defined below together with all easements which are for the benefit of all lot owners. These common areas include but are not limited to the following: A. Tract A is a storm drainage pond; B. Any entry and/or monument improvements thereon which may be constructed by the Declarant. C. All easements which have been established for the benefit of lot owners or the Association or which may be delineated on the plat of Buckhorn Estates, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. Section Two: standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the Real Property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. if any Lot Owner shall fail to conduct maintenance on his Lot or the exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and its Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and maybe collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot which pose a substantial risk of injury or significant property damage to others, the Association may immediately perform such repairs as may be necessary after the Association DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 6 of 38 1:\DATA\D\BHD\M\Project Fore, IndDeclaratioo.wpd O has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient if attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expenses. The Association shall perform such work as is necessary to carry out the duties described in this Declazation, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the Common Areas; 2. The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3. The cost of maintaining, repairing and replacing all Common Area improvements, including, but not limited to, signs, lights, storm water drainage system, fences constructed by the Declarant, any monument or entrance area, or any private roads, if any, within the plat. 4. Any other expense which may be designated as a common expense in the Declaration, any of the exhibits or from time to time by the Association. Section Five: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the common areas cause it to be subjected to other than reasonable wear and tear or by their actions damage those common areas or any improvements located thereon or therein, then individual subjecting the common area to such use shall have the obligation to repair such damage upon demand by the Association and to restore such common area to the condition that existed prior to such use or action and all expenses therefore shall be paid by such individual. Section Six: Owners' Easements of Enjoyment. Each owner shall have a right in a easement of enjoyment in and to the common areas which shall be appurtenant and to and shall DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS pape 7 of 38 I:\DATA\D\BHD\M\Projea Eore, Inc\Declaraton.wpd b pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant during the development period (including any Developer 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 for a period not to exceed sixty days, for any, and each separate infraction of its prohibited rules and regulations. C. The right of the Declarant (during the 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 Declarant or Members as applicable may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two thirds of the lots has been recorded. D. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section S@ven. 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 board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Eight. Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constricted in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed iftwo-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to the acquisition of all required permits from governmental DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papre 8 of 38 t1DATA~D~BHDV~Projut Fme, /uc~Decla[atuawpd D agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. section Nine. Dumping in Common Areas Common Maintenance Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as deemed in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain the rights for enforcement and initiation of penalties for violations of this policy. Section Ten. Landscaning_and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, maybe built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation offences as maybe otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Eleven: Mana ement. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, 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 maintenance or management maybe terminable by the Association without cause upon not more than Winery (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for inspection by any owner upon request Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 9 of 38 I:~DATA~DIBEID\INIPcoject Fore, InclDeclaretoowpd b ARTICLE SEVEN: ASSESSMENTS Section One: covenants for Maintenance Assessments. (a) Declarants, for each Lot owned by it, agrees, and each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. (b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. (c) Each assessment, together with interest, costs, and reasonable attomey's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interestunless expressly assumedbythern. Thenew Owner shallbe personally liable for assessments which become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Puroose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: ward to Fix Annual or Re~lar Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessment established for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 10 of 38 1:1DATA\DiBHDVvAProjea Foro, Inc\Declazation.wpd g sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully set forth. Section Four: Rate of Assessment. Both annually or regular and special assessments shall be fixed at a uniform rate for all Lots. Section Five• Street Repair Maintenance and Cleanine. All Developers or owners shall use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto or coming on the road as a result of any construction activities and each Developer or owner shall at all times remain responsible for keeping the road clean of any such debris, dirt and material. In addition, all Developers or owners shall use due diligence to avoid causing any damage to the road or sidewalks and all roads and sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition as they were as of the date of final plat approval. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Buckhorn Estates Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Declaration. Se tin ix: Maintenance of Storm Drain S sy tem. All Developers or owners shall use due diligence to avoid materials from washing into or being put into the storm water drain system as a result of construction activities conducted by the Developer or owner which would include any sediment, cement slurry, or any other material washing off of or coming off of any lot upon which a Developer or owner are constructing a residence and flowing into the storm water drain system. In the event any Developer or owner are in violation of the terms and provisions of this paragraph, this Developer or owner shall agree to pay a maintenance charge to the Declarant in an amount to be determined by the Declarant for each such violation by a Declarant or owner. In addition, each Developer or owner agrees to indemnify the Declarant DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 11 of 38 I:IDATA~DIHkID\h1~Projcct Fore,1~IDecl~aton.wpd g from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the storm water system as a result of any violation of this paragraph by such Developer or owner and that this liability on the part of the Developer or owner shall be joint and several. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation ofthe above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten (10) years after recording of this Declaration. Section Seven• Coital Fund Charge. At the time of closing, each lot owner purchasing from the developer shall pay a capital fund charge of $300.00 which shall be paid into the Association and shall be used by the Association to fund the initial expenses of the Association. Section Eight: Annual Assessment. The annual assessment shall be $300.00 per lot commencing on January 1 S` of each year. Each lot owner a lot shall pay the prorata portion of said annual assessment to the Association. In the event the expenses of the Association are in excess of the assessments collected, then the Developers who subsequently purchase from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such Developers. At such time as there had been sufficient assessments collected by the Association, then said Developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessment against any lot owned by the Declarant. During the development period, the Declarant shall have the authority to increase the annual assessment to reflect (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 authority to reduce the annual assessments as economic data supports such a reduction because of reduced maintenance costs or other anticipated association expenses. After the development period expires, the board of directors shall fix the annual assessment in accordance with the above recited standards. Section Nine: Certificate of Pavrnent. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 12 of 38 I:~DATA~D~BHD\M~ProjaM Fore, Inc~Deelaratbn.wpd g paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. section Ten: ~ecial Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction,unexpecled repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments maybe made based upon the estimated cost of such work, prior to the work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require by approved asprovided bythe By-Laws. Section Eleven: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obli ag lion. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a martgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas or abandonment of the Lot. Section Two: Delinquencv. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for the law A late charge of five percent (5%) of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by an actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 13 of 38 I:~DATA~D~BHD\Ivt\Project Fore, I~~Decleratun.wpd U Association the power of sale in connection with such liens. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessazy, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins an action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: ARCHITECTURAL CONTROL Section One: Development Period. The Declarant herebyreserves the right to exercise any and all powers and controls herein given to the Boazd of Directors, the ACC or its authorized representative in this Article of the Declaration, during the Development Period. At the expiration of the Development Period, Declarant reserves the right to continue to exercise all powers and controls granted herein to the ACC and to appoint Members of the ACC until such time as there has been constructed on all lots a residence and said residence has been sold and conveyed by either a Developer or the Declarant. Section Two: Authoritv of ACC After RelincLuishment of Control by Declarant. At such time as all residences have been constructed on all lots and said residences have been sold and conveyed by either a Developer or the Declarant, the ACC shall have the authority and obligation to manage and administer the review ofbuilding plans, specifications and plot plans and such other submissions as described in this Article and to enforce those covenants, conditions, and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations as initially adopted or amended, and all authority granted to the ACC by this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 14 of 38 I:~DATA~D~BHDI1N~Project Fore, Inc~pxleraton.wpd C Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Aynointment of ACC. The Declarant during the development period reserves the right to act as the ACC or to appoint the Member(s) of the ACC. At such time as all of the lots have been sold by the Declarant and/or Developers, then the Board of the Association shall appoint at least one but not more than three Members of the ACC and if all the Members of the ACC shall resign and no replacements have been appointed by the Board, then the Board shall act as the ACC until the Members of the ACC are appointed by the Board. Section Five: Apbroval bX ACC Required. Except as to construction, alteration, or improvements performed by the Declarant, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered anal no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Six: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack ofwritten approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or at such other address as is designated by the Boazd by written notice to the Members. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 15 of 38 I:~DATA~D~BHD\M1Froject Fom, Ioc~Declaratuo.wpd g Section Seven: Donation of Time. No member of the ACC shall be entitled to any compensation for services performed on behalf of the ACC. ACC members shall have no financial liability resulting from ACC actions. Section Eight: Address of the ACC. The address of the ACC shall be at the registered office address of the Association. section Nine: Votin .ACC decisions shall be determined by a majority vote of the members of the ACC. Section Ten: Submission of Plans. All plans and specifications required to be submitted to the ACC shall be submitted by mail to the address of the ACC in duplicate. The written submission shall contain the name and address of the Owner submitting the plans and specifications, identify the Lot involved, and the following information about the proposed structures: A. The location of the structure upon the Lot; B. The elevation of the structure with reference to the existing and fmished Lot grades; C. The general design; D. The interior layout; E. The exterior finish materials and color, including roof materials; and, F. Other information which may be required in order to determine whether the structure conforms to the standards articulated in this Declaration and the standards employed by the ACC in evaluating development proposals. Section Eleven: Evaluating Development Proposals. The ACC shall have the authority to establish aesthetic standards for evaluating development proposals. In addition to these guidelines, in evaluating development proposals, the ACC shall determine whether the external design, color, building materials, appearance, height, configuration, location on the Lot, and landscaping ofhe proposed structure (the "design elements")harmonize with (1) the various features of the natural and built environment, (2) the aesthetic character of the other homes in Buckhorn Estates, and (3) any other factors which affect the desirability or suitability of a proposed structure or alteration (collectively the "approval factors"). The ACC shall decline to approve any design in which (1) the design elements fail to harmonize with the approval factors described in the previous sentence or which fail to meet any aesthetic standards promulgated by the ACC, (2) impacts adversely on nearby Properties and Common Areas, or (3) is of a temporary or non-permanent nature. ACC determinations may be DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 16 of 38 I:~DATA~D~BHD1M~Project Fo¢, Inc~Dulantbn.wpd b amended by a majority vote of ACC members. Any changes subject to review per the terms set forth herein which are undertaken without submission to the Architectural Control ACC shall be deemed to have been disapproved. The ACC has the authority to stop further work as well as the authority to have prior work undone. Section Twelve: Exclusions. The Declarant shall have the right to waive the plans and specifications review for Developers in Buckhorn Estates. Any such waiver shall not exempt said Developer from any of the standards or restrictions articulated in this Declaration and all structures and improvements shall meet all standards and restrictions contained in these declarations. Section Thirteen: Approval Procedures. Within fourteen (14) days after the receipt of plans and specifications, the ACC shall approve or disapprove the proposed structure. The ACC may decline to approve plans and specifications which, in its opinion, do not conform to restrictions articulated in this Declaration and criteria or to its aesthetic standards. The ACC shall indicate its approval or disapproval on one of the copies of the plans and specification provided by the applicant and shall return the plans and specification to the address shown on the plans and specifications. In the event that no disapproval of such plans and specification is given within fourteen (14) days of submission, then the plans shall be deemed to be approved. In any event, the Association shall hold the ACC members (and the Declarant) harmless from any actions taken (or actions not taken) relative to the approval, disapproval, ornon-action on any plans submitted for review. "Non-action" on the part of the ACC shall not exempt the applicant from any of the provision of this Declaration or the restrictions articulated herein. By purchasing a Lot in Buckhorn Estates, the Owners agree that, to the extent permitted by law, the Declarant shall have no liability to the Owners or the Association for any actions taken, or actions not taken, while acting as the ACC. Section Fourteen: Compliance with Codes/Environmental Laws. In all cases, ultimate responsibility for satisfying all local building codes and requirements rests with the Owner and contractor employed by the Owner. The ACC has no responsibility for ensuring that plans and specification which it reviews comply with local building codes and requirements. The Owner shall hold the ACC members (and Declarant) harmless in the event that a structure which the ACC (or Declarant) authorizes fails to comply with relevant building and zoning requirements or these covenants and restrictions contained herein. No person on the ACC or acting on behalf of the ACC, nor the Declarant acting as the ACC, or anyone acting on behalf of the Declarant, shall be held responsible for any defect in any plans or specifications which. are approved by the ACC or Declarant nor shall any member of the ACC or any person acting on behalf of the ACC or Declarant be held responsible for any defect in a structure which was built pursuant to plans and specification approved by the ACC or by the Declarant. Neither the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 17 of 38 I:~DATA\D~BHD\M~Project Foro, Inc~Declaration.wpd g Declarant, the ACC, nor any member ofthe ACC, nor the Association, nor anyone acting on behalf of the ACC or the Association shall have any responsibility for compliance by the Owner (or any agent, representative, guest, or invitee of Owner) with any environmental laws, regulations, or rules, including, but not limited to, those relating to hazardous waste and placement of underground oil tanks. Section Fifteen: Variation. The ACC shall have the authority to approve plans and specifications which do not conform to these restrictions in order to (1) overcome practical difficulties or (2) prevent undue hardship from being imposed on an Owner as a result of applying these restrictions. However, such variations may only be approved in the event that the variation will not (1) detrimentally impact on the overall appearance of the development, (2) impair the attractive development of the subdivision or (3) adversely affect the character of nearby Lots. Granting such a variation shall not constitute a waiver of the restrictions articulated in this Declaration. Variations shall only be granted if the ACC determines that the variation would further the purposes and intent of these restrictions. Variations shall only be granted iw extraordinary circumstances. Section Sixteen: Enforcement. The Association (including the Declarant on behalf of the Association), Board, or any Owner shall have the right to bring a suit for judicial enforcement of a determination of the ACC, or, after the Development Period, to seek an order requiring the ACC to exercise its authority, and perform its functions, under this Article Nine. In any judicial action to enforce a determination of the ACC, the losing party shall pay the prevailing party's attorney's fees, expert witness fees, and other costs incurred in connection with such a legal action or appeal. Section Seventeen: A('C/Declarant Liability. The Association shall hold the ACC Members and the Declarant, if acting as the ACC, harmless from any actions taken (or actions not taken) under any provision of this Declaration, including, but not limited to, actions taken (or not taken) under the Articles of this Declaration. By purchasing a Lot in Buckhorn Estates the Owners agree that, to the extent permitted by the law, neither the Declarant (nor any officer, director, or representative of the Declarant), nor the ACC (nor any member of the ACC) shall have any liability to the Owners or to the Association for any actions taken, or actions not taken, while acting as the Declarant or the ACC under this Declaration. "Non- action" on the part of the ACC or the Declarant shall not exempt the applicant from any of the provisions of this Declaration or restrictions contained in this Declaration. Section Ei hg teen: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review ofplans and specifications, inorder to further the intent and purpose of this Declaration and any other covenants or restrictions DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pap~a 18 of 38 I:~DATA~DIBHDUN~Froject Fore, I~IDeclaratun.wpd C covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Nineteen: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Twenty: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review. Section Twenty One: Anneals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC maybe appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section Twen Two: Existing~.Improvements on Lot 1. The existing improvements on Lot 1 shall not be subject to the provisions ofeither Article Nine or Article Ten as set forth in this Declaration, since it is apre-existing residence; however, any remodeling of the construction of any other improvements shall be subject to the provisions of Article Nine and Article Ten as set forth in this Declaration. ARTICLE TEN: LAND USE RESTRICTIONS Section One: Use of Lots. All Lots within the Property shall be used solely for private single-familyresidential purposes, provided, however, that with such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted by the Board, whose approval cannot be unreasonably withheld, provided (1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, (2) the business and Owner(s) are licensed by all applicable governmental authorities to operate such a day care business, AND (3) the day care business will be operated only Monday through Friday AND (4) no more than four (4) children, in addition to those of the Owner's immediate family, and are enrolled in either a part or full-time capacity in such day care AND (5) the Owner(s) of such Lot(s) operating such day care facility will fully oversee, strict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, (6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 19 of 38 I:\DATA\D\BHD\M\Project Foie, Inc\Declaratun.wpd g Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day care business AND, (7) the Owner(s) of said Lot(s) will provide the Association, prior to commencing such business operations, and at all times during such business operations, with verification of liability insurance coverage in an amount not less than $500,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insureds AND, (8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to vehicle parking and signage restrictions. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days prior written notice delivered to Owner should the Owner(s) operating such day care business fail to strictly adhere to the provisions contained within this Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or an interest in such business operation to the extent permission to operate such a day care business is authorized. That nothing contained herein shall permit an owner from conducting a "in home business" provided that all business activity is carried on within the residence and that no employees, clients, customers, tradesmen, suppliers, or similar individuals come to said residence or are situated therein during the conduction of such business. Section Two: Minimum Size of Residences. Each residence must have a private enclosed car shelter for not less than two (2) cars; however, a portion of the interior of said garage maybe improvedand/or finished for residential use by the owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the garage door that provided access thereto. No single structure shall be altered to provide for more than one (1) family. Residences shall contain at least 1,200 square fee. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Three: Use of of Not To Interfere With Ri~,hts of Others. No Lot shall be used in a fashion which unreasonable interferes with any other Owner's right to use and enjoy the other Owner's Lots. The Board, the ACC designated by it, or the Declarant during the Development Period, shall determine whether any given use of a Lot unreasonable interferes with those rights; such determinations shall be conclusive. Section Four: No Offensive Activit~on Lots. No noxious oroffensive activity shall be conducted on any Lot, nor shall anything be done or maintained on the Property which may become an activity or condition which unreasonably interferes with the rights this Declarant gives other Owners to use and enjoy any part of the Property. No activity or condition shall DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 20 of 38 1:~DATA~D~BFID~M1Project Fom, Inc~Decleratua.wpd g be conducted or maintained on any part of the Property which detracts from the value of the Property as a residential community. No untidy or unsightly condition shall be maintained on any property. Untidy conditions shall include, but are not limited to, publicly visible storage of wood, garbage receptacles, boats, trailers, mobile homes, recreational vehicles, disabled vehicles of any kind whatsoever, except where specifically provided for said purposes by the Declarant or the Board within the community, if at all, and landscaping which is not properly maintained. The Board (or the Declarant during the Development Period) shall make the final determination of any violations of this section. Notwithstanding anything in this Article Nine to the contrary, during the Development Period the Declarant may permit trailers (temporary trailers) or homes(s), which may be used to the Declarant and its authorized representatives, to be placed upon Owner's Lots to facilitate the sale of the Lots and the construction of residences (and residence-associated improvements) upon the Lots. Section Five: Fenc s. Fences, walls or shrubs are permitted on side and reaz property lines. Fences shall not be placed within the greater of (1) twenty (20) feet of the front property line, or (2) the distance between the front Lot line and the front wall (facade) at the garage of the primary Residence, subject to (1) the material for the fence, the location, and the size and construction details shall be subj ect to the approval of the ACC and (2) determination whether such fences, walls or shrubs would interfere with utility easements reflected on the face of the Plat and other easements recorded elsewhere. In no event shall any fences be allowed between the front Lot line and the front wall (facade) of the primary Residence. No barbed wire, chain link or corrugated fiberglass fences shall be erected on any Lot, except that chain link fencing for any common areas may be considered for approval by the Declarant during the Development Period or by the ACC thereafter. All fences, open and solid, are to be constructed not to be considered as part of the dwelling; provided, however, that this shall not be considered to permit any portion of a dwelling on a Lot to encroach any required setbacks by local codes, or to encroach upon another Lot or upon any easements indicated on the face of the Plat or as otherwise recorded, or upon the Common Areas or Common Maintenance Areas. In no event shall any structures violate any provisions of any county zoning ordinance, or any specific setbacks as set forth on the recorded plat map, or any setbacks imposed through the establishment of easements for utilities or access. Section Six. Sig_. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any Lot except one (1) sign not to exceed three square feet in area maybe placed on a Lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which maybe installed by the Declarant. Political yard sign on lots, not more than three (3) square feet in area, of a temporary nature, not to exceed thirty (30) days, will be allowed during campaign periods on Lots. Within five (5) days after the date of the election to which the sign refers, such signs must be removed from Lots. This DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 21 of 38 I:~DATA~D~UHD~M~Project Fora InclDeclacation.wpd C Section Six (including, but not limited to, the restrictions on the number of signs and the sign size limit) shall not apply to signs approved under this Section Six of Article Nine by the Declarant during the Development Period. The Declarant may establish, for the duration of the Development Period, signage guidelines and standards for Lot identification signs, Realtor identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the Lots within Buckhorn Estates, the Common Areas, the Common Maintenance Areas or public rights-of--way. The Declarant may also develop an overall theme of signage within the project, including specific requirements for physical sign installations and size requirements which theme will then become a part of the established guidelines and standards for signage in Buckhorn Estates during the Development Period. During the Development Period, the Declarant shall have the sole and exclusive right to approve, in the Declazant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Buckhorn Estates, including the adjacent rights-of--way. Every Owner of a Lot in Buckhorn Estates and any Developer or real estate agent on behalf of an Owner, shall submit any proposed signs to the Declarant for approval prior to installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Buckhorn Estates, the Common Areas, the Common Maintenance Areas, on any Lot, or on adjacent rights-of--way, may be promptly removed and disposed of by the Declarant. The absolute right of the Declazant to remove unauthorized signs from the Property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any signs placed by real estate agencies or their representatives, including temporary reader boazd signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for sign(s) removed by Declarant pursuant to this Section. The Board may cause any sign placed on the Property or any adjacent rights-of--way, in violation of this Article Nine to be removed and destroyed without compensation of any kind to anyone including, but not limited to, any persons having an ownership interest in the sign. This Section shall not apply to signage placed by Declarant. Additional signage may be installed by Declarant during the Development Period to promote the sale of Lots or houses and to promote Declazant's project and company and representatives. Notwithstanding anything in this Section Six of Article Nine to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitation set forth in this Article Nine on the number of signs and the size of signs. The Declarant shall not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Section Six of Article Nine. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 22 of 38 I:\DATA\D\BHD\M\Project Pore, Inc\Decleratun.wpd O Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which aze placed upon any Lot not owned by the Declarant. This Section shall apply even if Declarant requires an Owner to place a sign pursuant to this Section Six of Article Nine. Section Seven: ni als. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of Residences. Leashed animals are permitted within rights-of--ways when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the ACC prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the Development Period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fined Owner. The Association shall be entitled to attorney's fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. ~,~tion Eight: Drivewavs. All driveways shall be paved with concrete, unless otherwise approved by the ACC. fiction Nine: Delegation of Use and Re~onsibilities. Any Owner may delegate, to members of his family or his tenants, in accordance with the Bylaws of Buckhorn Estates Homeowners Association, the Owner's right of enjoyment of Common Areas and Common Maintenance Areas. In the event an Owner rents or leases his property, a copy of this Declaration, as well as any rules and regulations that may be adopted by the Association, shall be made available by the Owner to the prospective renter at the time of commitment to the rental agreement. Each owner shall also be responsible for informing guests and service personnel of the contents of this Declaration, as well as any rules and regulations that maybe adopted by the Association as they may relate to appropriate community behavior. Each Owner personally, and the Owner's Lot, shall be responsible for any damages to any Common Areas and Common Maintenance Areas (or any other area maintained by the Association) or to any other Association property whether real or personal, caused by an Owner's family, guest, tenant, agent, workman, contractor, or other licensee or invitee. The Association shall have a lien upon the Owner's Lot for the amount of the damages. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 23 of 38 I:~DATA~D~BHD\M~Project Fom, Inc~Decleratbn.wpd g Section Ten: Landscaping Standards. The entire front yard landscaping should be installed prior to occupancy (weather permitting). The entire landscaping, including the remaining portions of the side and rear yard shall be installed within twelve (12) months of the receipt of a Certificate of Occupancy. Each Lot Owner shall be responsible for installing and maintaining the landscaping within the adjacentright-of--way. If inclement weather conditions prevent the timely installation of said landscaping improvements for either front or back yard, the Lot Owner must make application to the ACC for an extension of time until weather conditions sufficiently improve. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the Lot, exclusive of any garage projections. The front yard landscaping shall include all of the adjacent public street right-of--way along the Lot frontage and side frontage out to the edge of the curb or sidewalk in the public street. Each lot Owner shall be responsible for installing and maintaining the landscaping within his adjacent right-of--way, except as otherwise provided above. Section Eleven: Antennas Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted on the Properties with ACC approval of the location of the satellite dish in the manner described in Article Eight. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Article Eight, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twelve: Set acks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. section Thirteen: Roofs. Roofs on all buildings must be finished with atwenty-five year architectural composite material, the color of which shall be approved by the ACC. Any other material must be approved by the ACC. Section Fourteen: Underground Utilities Required. Except for any facilities or equipment provided by the Declazant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 24 of 38 I:~DATA~D~BHD~ojed Fore, I~Weci~stion.wpd D Section Fifteen: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas which shall be hard-surfaced. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, tricks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right of way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles' This provision shall not exclude pazking of up to a combination of two (2) automobiles and regular sized pickup trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screened form the view ofadjacentrights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours' notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up trucks owned or used by the lot owners), still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstandingthe foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section Sixteen: Easements for Enforcement Purposes: Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similaz objects which are parked or stored in violation of the terms of this Declaration. Section Seventeen: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Eighteen: raina e. The owner of any lot shall not take any action which would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 25 of 38 I:~DATA~D~BHD\iN~Project Fore, Inc~Declaretnowpd g Section Nineteen: Ilse During Construction. Except with the approval of the Board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Twenty C,~arbase and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Twenty-One: Tanks. Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. Section Twen~-Two: Auto Repair. No major auto repair shall be permitted except within enclosed garages which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Twentv Three: Exterior Finish. The exterior finishes on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fire place chimneys shall be either wood or stone wrap. section Twentv-Four: Maintenance of Structures and Grounds. Each owner shall maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Twenty-Five: Firearms. The use of firearms is expressly prohibited. Section Twenty-Six: Dirt bikes and/or ATV. No unlicensed motorvehicles,including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papra 26 of 38 1:~DATA~D~BFID\A41Projoct Fme, Inc~Declarstun.wpd C Section Twenty-Seven: Dama_,.g~e Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damages as a result ofdwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. section Twenty-Ei~ Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with aesthetic character of Buckborn Estates development and whether the material would add to the attractive development of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP or vinyl siding of a color approved by the Committee. T-111 siding shall only be permitted on the sides of residences which do not face the street or on the back of residences. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Buckhorn Estates will be subject to the same approval process. Section Twenty Nine: ode .All construction shall conform to the requirements of the State of Washington's rules and regulations for installing electric wires and equipment, and the uniform codes (building mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Thirtv: Entry for Ins e~ c~ tion. Any agent or member of the Declarant or any member of the architectural control committee may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been complied with the provisions of this Declaration. The above recited individuals shall not be guilty of trespass for such entry or inspection. There is created DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 27 of 38 1:~DATA\D~BHDUflProjecl Fo~c, Lu~Declmation.wpd C an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Thirty-One: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Thirtv-Two: Enforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from a court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE ELEVEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and seven feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 28 of 38 I:~DATA~D~BHD1M11'roject Foce, Inc~Declaration.wpd C Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. ARTICLE TWELVE: MORTGAGEE PROTECTION Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association Article of Incorporation or Bylaw, or management agreement, except for those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: MortF}a~ees's RR. i~hts DuringForeclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 29 of 38 I:~DATA~D~BHD\IMProjea Fme, Inc~Declereton.wpd b conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lotto the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest placed upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortgaeee's Rights. Any Mortgagee shall have the right on request therefor to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meeting. Section Eisht: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval ofsixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any part of the Common Areas or facilities; (b) any condemnation or eminent domain proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it holds the mortgage; (e) ten (IO) days' prior written notice of any lapse, cancellation or material modification of any DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 30 of 38 I:~DATA~D~BHD\M~Project Fom, Iae~Deelustun.wpd p insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE THIRTEEN: MANAGEMENT CONTRACTS Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Properties, or any other contract providing for services by the Declarant must provide for termination by either party without cause after reasonable notice. ARTICLE FOURTEEN: INSURANCE Section One: over e. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Two: Relacement. Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided, however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 31 of 38 I:~DATA~DIBHD\M1Projsct Fore, Inc~Decleretbn.wpd D any contractor for reconstrucfion or rebuilding of such destroyed portions of the Common Areas. ARTICLE FIFTEEN: RULES AND REGULATIONS The Associationand/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE SIXTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or ofthe Articles, Bylaws, rules or regulations of the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SEVENTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 32 of 38 I:~DATA~D~BkIDVN~Projed Fore, Ia~Dxlaratue.wpd g In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE EIGHTEEN: GENERAL PROVISIONS Section One: Binding Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they maybe amended from tune to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenants running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. ~gction Two: Enforcement 1,~~Court Action. The Association, the Declaration, the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. Section Three: Enforcement by Self Helu. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. Section Four: Condition Precedent to Action. Prior to taking action either by court or by self help, written notice shall be given to the offending lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than 30 days. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pape 33 of 38 I:~DATA~D~BHD\M\Project Fore, Inc~DeclaratDn.wpd D Section Five: Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (3Q) days after written notice and billing, may be filed as a line upon such lot, enforceable as other liens herein. Section Six: Owner Objection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose one arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration underthe laws of the State of Washington in existence at the time of any such arbitration. Section Seven: ('tests and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney fees. For the purposes of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. Section Eight: Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which maybe unenforceable. Section Nine: Severabilitv. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions which shall remain in full force and effect. Section Ten: Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 34 of 38 I:\DATA\D\BHD\M\Project Fore, Ine\Declaration.wpd O and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development of Buckhorn Estates. Section Eleven: Term. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of 10 years each, unless terminated, at the expiration of the initial term or any succeeding 10 year term by a termination agreement executed by the then owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorded with the County Auditor. Section Twelve: Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision shall be construed as being void and of no effect as oftwenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all of the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. Section Thirteen: Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. Section Fourteen: ,successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the Owners. ARTICLE NINETEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument maybe amended, and partially or completely revoked only as herein provided or otherwise provided bylaw. Section Two Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than Declarant Developers. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa a 35 of 38 I:\DATA\D\BHD\M\Project Fore, Inc\Declaration.wpd g Section Three: Prior Approval bYFHA/HUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant Developers, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the lot owners: a) Annexation of additional properties b) Dedication of any properties c) Amendment to this declaration Section Four: Voting. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51 %) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 36 of 38 I:~DATA~D~BHD\Ivi<Projea Foro, Inc~DeclaTation.wpd g 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration. 12. Any action to terminate the Legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in Article Three. 4. Alter its rights as set forth in Article Five relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Pa e 37 of 38 I:~DATA~D\BHDUvilFroject Fore, Inc~Declaration.wpd O 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notic .Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lienholder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of April, 2005. By: STATE OF WASHINGTON ) )§ COUNTY OF PIERCE ) Project Fore, Inc., a Washington Corporation Barry Howard, President On this day of April, 2005, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Barry Howard, to me known to be the President of Project Fore, Inc., 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 on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. FrintedName: NOTARY PUBLIC in and for the State of Washington, residing at My commission expires: DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS Papa 38 of 38 I:~DATAIDIBHDVMProjat Fme,1~~Declanwn.wpd p 1`t~~ ~~ ~Tje Mate of s-rAT E S OF A~~~I C~ '~a~~jittgton ~,~ 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 BUCKHORN ESTATES HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents aze effective on the date indicated below. Date: 4/26/2005 S`~'~ S\ O .i a 1`~~ \~ ~~ ~' to ~~ boy UBI Number: 602-497-054 APPID: 272470 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State 1889 Form No. 1068-2 Commitment No.: 4299-355596 ALTA Plain Language Commitment Page 8 of 8 ~.~ ~~f1;`~~ ~1' \~~~ ~~' First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360) 491-1606 - FAX (360) 352-7417 PRIVACY POLICY We Are Committed to Safeguarding Customer Information In order to better serve your needs now and in the future, we may ask you to provide us with certain information. We understand that you may be concerned about what we will do with such information -particularly any personal or financial information. We agree that you have a right to know how we will utilize the personal information you provide to us. Therefore, together with our parent company, The First American Corporation, we have adopted this Privacy Policy to govern the use and handling of your personal information. Applicability This Privacy Policy governs our use of the information which you provide to us. It does not govern the manner in which we may use information we have obtained from any other source, such as information obtained from a public record or from another person or entity. First American has also adopted broader guidelines that govern our use of personal information regardless of its source. First American calls these guidelines its Fairlnformation ~a/ues, a copy of which can be found on our website at www.firstam.com. Types of Information Depending upon which of our services you are utilizing, the types of nonpublic personal information that we may collect include: • Information we receive from you on applications, forms and in other communications to us, whether in writing, in person, by telephone or any other means; Information about your transactions with us, our affiliated companies, or others; and Information we receive from a consumer reporting agency. Use of Information We request information from you for our own legitimate business purposes and not for the benefit of any nonaffiliated party. Therefore, we will not release your information to nonaffiliated parties except: (1) as necessary for us to provide the product or service you have requested of us; or (2) as permitted by law. We may, however, store such information indefinitely, including the period after which any customer relationship has ceased. Such information may be used for any internal purpose, such as quality control efforts or customer analysis. We may also provide all of the types of nonpublic personal information listed above to one or more of our affiliated companies. Such affiliated companies include financial service providers, such as title insurers, property and casualty insurers, and trust and investment advisory companies, or companies involved in real estate services, such as appraisal companies, home warranty companies, and escrow companies. Furthermore, we may also provide all the information we collect, as described above, to companies that perform marketing services on our behalf, on behalf of our affiliated companies, or to other financial institutions with whom we or our affiliated companies have joint marketing agreements. Former Customers Even if you are no longer our customer, our Privacy Policy will continue to apply to you. (Confidentiaiity and Security We will use our best efforts to ensure that no unauthorized parties have access to any of your information. We restrict access to nonpublic personal information about you to those individuals and entities who need to know that information to provide products or services to you. We will use our best efforts to train and oversee our employees and agents to ensure that your information will be handled responsibly and in accordance with this Privacy Policy and First American°s Fair Information va/ues We currently maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. © 2001 The First American Corporation • All Rights Reserved FirstAmerican Title L PAID APR 2 7 2005 .J, CITY OF YELM , ~~ City Of Yelm Invoice No. CDD-05-0127 Community Development Department INVOICE - Customer Name Project Fore, Barry Howard Date 4/21/2005 - _ _- Address 945 113th Ave. SE Order No. Buckhorn Estates --- - - - City Olympia State WA ZIP 98501 Rep Final Plat App Phone _ _- FOB Description Unit Price TOTAL 87 Engineer review plans and inspections $54.00 $4,698.00 1 First survey review of final plat 1 ~n ..M r~.r... ........ ,.t L'.. I I..• vvu~~ uui r~,y i~.r wrr vi uw~ Nia~ $595.00 rnnnn rn .VJUL. J V $595.00 ~nnnn .pJUL.JV SubTotal $5,675.50 Payment Details Shipping & Handling _ $_ 0.00 _ O Cash Taxes WA O Check _ __ O TOTAL $5,675.50 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (3601458-3835 THANK YOU a ~ O Z N N ~ ~ M M x I i, O w Z ~ x ~ E ~ Q z w 9 ~ U to I LL! ~ z ~ I' ~ ~ ~ ; ' ~ ~ '. O ~ ~ ~ ~ ~ x I ~a a ~~ o Q I ~, z ~ ° ~ I ~ ~., w ~ ~ ~. x v~ ,~, tt1 r~ tl J E m H ~ W z ~ W ~ c7 w r c.9 ~ w a ~ ~ r~i m c~ ° ~ c~a ~ m 9 i ~ ~ x ~ :r, Q z ' x a x a l ;~c Q ~ ~ ~._, ~ w ~ ~ o ~ is x ~`' o E x z ~. ~ j o~ ~ E , ' ,~ ^ 5 r~WdW ~ ~~ -~ O ~~M O x ~ W V1 ~n mz ` ~ c~ E ~ wmx x ~~~ ~~ ~ w '~' W ~ O a ~ x ~' ' 'r' ~ ~° H > w x ~ U ; ~~ W * :.u E ~ Hr"ir.~W ~ U ~ H w ~~ js ~ * ~- .-~ w a I ~ ~ ~~ f # ~ ~L~F'E o .7 ( ~ ~~ ' a~aH z t ~[ ~,~, ~ ~.s Q, ~r, p o~ :~ ~v~~ THE p ~~ YELM W4SHINGTON City of Yelm STAFF REPORT To: Mayor Adam Rivas Yelm City Counc~ \ From: Tami Merrima s~istant Planner Date: April 19, 2005 (for April 27, 2005 City Council Meeting) Subj: Buckhorn Estates Final Plat Recommendation Staff recommends City Council approve the final plat for Buckhorn Estates, SUB-03-8346-YL. Background The Yelm Hearing Examiner approved, with conditions, a preliminary plat for the above referenced project on October 14, 2003. The project has finished construction, and the applicant has filed a complete application for final plat. Current Situation Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that the final plat meets all conditions of the preliminary approval. April 19, 2005 Page 1 of 1 o ~ ~ ~ o x m ~ ~ o m ~ ~ IC•1 ; m ° ~ q A a _ O m ° c~n I Z~~lnAx z~v~ A2VD to > LO i- O y ;O mDm~D2C jji~al/1 C~>>_~ rAn~ rA+fOXZ~> '~ o v zm<°j >a~A~°n~~~y$p~Zm>oz ~>o~~'n zii~~?~- >vmiir~+l~my>o>~c"izm'i z'~v~ z; z~ my o°g~`~ca m ° 2 ~ ~I nonA0Vt;7ynA A2.~~yC~m mz ~>2v1°2vmiN ZAQA-, sA0~1 r+~~Oymmt/17~Z AL l°Vnn, [-~-~ ~ A LC[~ C z N ~ AZD12~p2 Oo~°2 ~p~aaocmiaAa i~0> ,ImiIM AZ °' O ~[mD ^'2OF~2{~i1Z YQ~m2iyb Zc~ymN m°22~ m~ 1n~2r~IWN R ~ Am~I COpAAZSNr~~1a itrt~--mil 1Z+t2 ~f~,1~>°2 rZ+1~~Am O^1~~Am ZA ~v>-c2ZVAv~1Nx~x ~^'>A1~~r~iLhL ~ pa NOp~ 2n p''Oyy2~~ y~A ~ D2~2yOl~m ~°~~CNC~ A y-Z1 ~m"'osm ~ aOCa22anAy1 C's 2• ~ rb22-cA O~ ~mA°~~ o ~ g~~ i ~aZ~°F AvzSia>>°"~cn >° N zs°a~i~~~i or~~m°FF~i"'m~~i€vz-,a~ ~ ccm~a Ao A~m~aa ° i ~ °~~~rxl~r~~m~mgz~-IO>N~m~ ~g~i ~~~~'~s->i z~'r~A~ikm,~,~~~ y~~iACim ~ ao~mr~1• ~a yA~°~il~i N ° ~ c~yi°pm~A~g"lomiv~~~~~~ m`"aF i A~zami ~>~n a~NN~~m .tym~Za ~ ~zA~z aF Zn~~rr c zyrgl~ s N o~a _r N. s~ zNZ~ "~?-z-cz~a >-_+~mimi°va,~i ~°i NDm~"N' czi~mx~pN,a p°I~~~ooo n 't 2Nl°Z~~-~Dm>Vfn2Z~DD2A NC° ~~Nm~~ ~ AN=m ~I Z_~C A~ Av~j~~ '~>Ao ~ 2A C6yCCC a a°>l aro ~ to l; O C ° > D >za~si~ 'i V ~ 2 -ni CAO CxZI mgA mr' N~1°'1~~0<~m OC~'A ry r nmA Zz~i pp vl>AOZ' `-- ~mti fit 2 Zmm y ~ omO1 ccNnC Vmi°r;.1°2m^~A aaor~a ~Vj°1Q ~A~~;~, ~nj> ° j~~O 2xAN m ~, A ~j02 _1 f~~7 72 m00 ~1r.ovlsa ~ c -' -p'm"'i5 ""~omjzc~og~n~~z v~Im-r r,1 rSio mr~',1 rSi~ci$r;no ~``~" -~~n~~>~> o zzmA r°'~pmpmvmig i~ ~' ~ap~zp~p~ ~ No ~~2j Zm~pln~yC~Z4`OD ~I-;° y~^1~ N~2D~D tmn~m~Oa''~F~'o~i°1n~~O~S >A~>D ~° O a 2m22 b ~ vvI9~N mm>[~vo-v~ ~m xalnv yi~a V1~AV -c mm °rfil ~1n~ vsiml_^ ~as~2 s^~ '~ ~m N l3] o ~ a sc~ aZ -1 }^ Op mZ m~~mypQGG~~ pmO~~ mi{+~A~~?oi~~ ~ p r'~AI ;D~>A~F_C>°~IZi1~C~VA rA.l°m2 L'1 ~ <2~ Z Ztmp~pO v1v C•12 mN ~O°2C O~ (/~ ~~2~j~ ->i 2~v°il m~~D1Ai1p V10 mr~+1D2 ZSxa tam jnQ~a-/ ~A 1x22 r1,12~1 ~gA.. ~ -C ° coa i yx ;I^01;,1z°z°FcziA~l~o ~~~ ~"a~mo I "~ "' '~^a~mv~~~~a ~o~~o ~ ;~~i ~~ gczir~zylj b m>~I ar~.invCVfS m ~ ac ~1v7i ~ ~~ In r~.lmFm{',1~'^m;m;~•6i~ ~I z > L zvo~ A`^x I FFi~'`°^~''^°'"~+c~~mi°~~ goA ~~ic>>o,,aan1 v$~ii~'1oor,1 yyo~ZAp~~ a o°~F FiAp [o$°~ O aai ,°,1v_Sigmg~-1Ai5 v1°~~ v,~y ~°a z<° Inm;~i;~ i-ay~O ~~cg$s s'+Ar°'+ w o m<I z~~m~~~~o-ziogm~o~oai~ zoz v-Nigvz>In `'~p~z''iyi~ ~m~NOoa~~iz ACO'' O z°>FO i; ,oa°'Q~a x ~~ i A~n°~CAA'1~~yZ~E~O ~O~ ~Oyy>az~c ~2AA>x~'yimyi~ACnAy~ga> ~ smNp ~v~i +N'g~O Aol zF~~AV ~~°oi~zmiac rA.1~n mal~lso~ s~o~~"'ppp~oy~.~m"'~z n~g-a'a a N~••N nm~ ~pn Am°y~~~y xy a;l°ppOpZ~ inAQ`2 ~I~pZm ~a ~ }~mjT1 ~10$~y 1.~jN1y,1 O mp~~Z N ° 41°'1 C CC~ 1°'lAI pom ~ ~S2m°~~-2/A2N ZN,+ Om;>~~° °~ 7C~mm°m5'~~n ° Ti2° ~ Z ~ s-1 ~~ mo~ °g i fi D m AE~ v m m ~~O!il° ~O p ° y1 Z O ~7 ~ ; ~" r v1 1A '^ m "~ 0 ~ ~ ~<A N A y °-°~~ '!~J x NO A ~~~ i I D y ~ ~1D-/ fp7 VI D r ~ ~> OmA2 °~AA~Fmmp A ~pm _ mo°~ in C > A O ~ O"i icPiO>~2clAny~C~ ° m?~ ~ r'~C a~2>nx A O > m Zn7~0 N ~ 2 ~ y m>• ZyD)Zr~C~rm.1AAa o~~ R~~ > t ~i ~~~ma~ i n < vvli °ozpz 0 ~1 F y v1 ~ vAi'^ zpz nF~~=~~~~-1~,~1 Q Z°~ •-i '~' _T Nv ° < v1 s c ~ ~ ~L" m a z "1 >,x,1 zOCai~lnz~ A>viz.1$ o m pm n A mr A~mCn Lpp~1 '~ m '~ C~ ~ A yi N ° A NA n a(An-1 C)r~~rSjrO '! Zp ~_ '~ ~ ~C ~ 2A1pAp+1y~A Z n D yG~00 ~ ~ ~ a ~ ~< pm ONmm Qy<~iC~OA 1~~ ~ ~ AL \' • ;y2 <~1 m 2 ° A°1.1a -C o~o yp < ,S ~° ~1m''~ ~ "'vvA~z~'C ^' ~"'~ za ND'z~'o A i i >°~o ~ p'' > g~ oo<~~Ngo'^Sr°~ivmi ~ rn m °~ exm~ a ,vm,1 v ° ymma ^`.,.` a zs° z yx o ^1 ~ ` J `° ';'' e1n 1,Ooo~mcm'' Uj ~ °~ ZyxA~ g ~ 'a "y~ o °s~oma~mNx~~~A lb ... aNiA QA~Om ~'• n v>N~ ~ `(~,,~y] om 02AVIOmO p° ~ y \T/^' p~ c~yipA ~ m '_ rp~il~~n N ~i ^' G ° ~~m^~~aao Z~o~~ n 6 v1 spA myimzp~ C=J -N+ a ~-mc~• O ° A "1 °s~OZ2° yi"p'~ a ~1 ~s~~1 ~1 Q > r p~1°m ~ l s A Oo r'~~C 1'~1~sm~1~ ~ y g~m>oo:U ~ xy Agx'A^ ~ L v ~ ~'cNi~~A°"N'c O 11~ ~ °~o~~ UI ~' m mocmig -'c b N xxp mo~xo~<°"~~m~'m m 7" v ~rLJ.~, r ~LZ~x a ' cCi12'~'r Q1 ~ ° A NA~°~~yZ~~> A ~ J N,;^a~m ~ n o a`~,~,1v ~ a ~~"1~-mi~a~nArx.1 xo ~ _ ..I x v7~Iny ~-i 9L ~ o~~1a ~ ~imc~°,c~xxm cz F ~yy+~ \T //~J pjmpln (~ A C°mO N vAO~ m~N~n< ° :i O v 1 °g~ ya A {o~mo g~o~°gZ~y~„s ~, r-Y'.1o (/~ >mn4cail LrJ a Ni° cso'Aly~m~„Sj~ ZvA ~ ima°c rT1 z~~ °o °oa~m~-AC~AZ• q ~ mg ~! ~z-~z~v m ° cn g~F~g~N ~ k gy ~ foA z z A yaNyy1~m g ~ ~a1n°A i i ~~ mm~ z- o cailo ~ o ~ c~~ A n ~ > r a pv 2 A m NO O A ~1a A i~ ~ p L i ~ ~ ~ ~ ~ i •~ n ~rA+1 ~ n zm n i~ n Z~ ~ Z ~ i o>~ C °c ~~ ~ g ° c v ;p z o m o ~ ~ ~ v ti ~ i ~ ~ av ~ ~ c~ ~ ~ ~ ~ a~ ~ ~ r v v z a = o ~ o x -+ ~ ~ oa ~ o o ~ o ~ o A ~! r -1 ~ y -1 D m O O ° O O O ~ F'~I m p A a X in vl to in ro ~ t 2 O ~ ~ ; Imn Z um1 Q o mm o> ~ ~ I I I O m vmi ma ® m Ip"oropQi og n a C i in ~ ~l A O Q Z v ~ ° v o c m °~ V2 v c~a ~~ ° F -~ p p ~ E ~ O C (A/1 m ~ ~ mp ~ ~ ~ ,1 S1 v ~ , ~ g C r > n ao w v ~m ~ o °o ; x~ .. o ~ ~°c ° M m n F ;`~ 2' x i o Qp:: h 2 > w N b $ ''' O ~ ~ ~ t0 fm i m ~ w -i ~ ~ N N i~'~ ~ A OI --yy QQ '1 V1 6 /-+ ~S~ 4 ~ ~1 u ~ -- ? c.ri 0 ° ° m ~a m ° ° cd °o '' x t/1 '~ ° ~] o ~ o c~a H N ~° i z zoo O O~y ZO m ~ z ~'~ ;r°,~ mA ~ ~ ~co ~/2 <~ ~ c • °~~ ° ~n'~ ~' I+ czv ~ s ~~~ ~ m m?~ ~ o~D ~1 Z Z C A >; om~ n ~ ~ ~ ~_~ t~ ~ym~ m m ~oc~mZZ~o 5~~~<~ c o~yN~~ ~~czi~mA' b no~mr~~ n pn~pCp~m N~;OmO ~o~~r~ ° ~ Z ° ccppv°~no O yooAjp pAmS 2~goONZ S1 g~~°go N 7~~=>~ ~ ;Z~O~+ C 0 _ =m o°'~ ~ .T1 .11 m = N O ~o W 2 A x m v i 2 L m N N m IN O ~~ '9 s = ~ o °D ~y m ~ c w s ~ v~ O V O ~ ~ a m ~ r ~' o O U ~ n u ~ m D `" r b O (n ... D V lD ~ ~ ~ N W ~ N N I.C v°. ~ ~`~ p~ D ~ g -~ ~ uC~~ 2632.83' _ - N01'26'03'E ~ ~ ~ 1316.41' 1316.41' ~5 ~ g~ Zyy rn O° ~ K>\ '~ W ~ ~~ o° to m ~ pp L AN N N DA ~ (N(~~ ~~ ~g ~c w m N ; ~ U I " ~g ~I I~ ~ N ~_ - NOt'32'20'E - + N01'32'20"E ~ m w ~ 1317.24' 658.62' 658.62' ;o u m w o m rn °° m m rn ~ u ±~' a m N N W 10 ~ ~m ~ ~~ m~ v N01'35'28'E 329.42 ~ n r.. v; 658.83 329.42' m~ ~ 8° ~ • U m N ON1 ~ ~ ~ ~ ~~ ~ 71 MOUNTAIN VIER' ROAD SE m ~ m s o 1318.08'- 329.52{ ~ z - -659.04'- 329.5 ~ S01'3B'36"W 2636.16' - ._ __ ~ - N~~VIO^ ~ ~ ~ ~ j ~ ~ NC1'33'36'C v~zz~uz i- '~Z!^m~ I i°~Za ~ C~ + Ct=J~ s~m~3i ~+ ciz~v W n ~^oA y ~ ~ 'U m D In _N ON1 m N ~ O O N 01 ~ + + fJ O A m N U ~ D~ ONi I O m m V O 4 ~ m~ +n~ ~/,o G f).ll~ O ioc Z O V1 MM 4~A' CD i~ n Z .JA r °Z OAS ~ 'D\ ~ s~ _~ ~' ~~Ou ~m\L'+J m ~m ~ c ~~ A n ~ Ai ~ Vj - _ N01'24'44"E ~ A i m m ~ 2579.83' ~ ~ ~gw m.ll Ni ~-1 '~ NNUZ ~~~fN•1 ~Z Zy6 =z ~~~Z~ O O Z N O o~ ?.~ jD°D~~~Y ADD °_~r41 ~(;g~i~m° 0 +m~ z >~C ofp~lnz ~ O Nu NN~ ~`~12 gSn~ m AV1 VmO~ ~~c p~i6~~`~~ z ~~ ~ n Dsm ~ SQ mDO=y ~c ° N ~ ~c~ r41z SFi ngC~° x ~ O r °- ~mD vci~p~~;g"b z c" d O m ~o~N S ° v m ° ~m~~ ~7 sAg ~~~~C~~~~ ° Nm O 00 ~zc n nXC~ yommyolncl~ m~ ~ mcn y Dp v 4min mb~In D~VI t~Og m Dmr4<) -~tn-~ Su~n~O+~~ ° Cb ~ m~3 ~~r° g~g~=~o'~ s o° +o osd 1n~o^~J~iom ~ o no n°~g°mm m cw =inN ~~ uo y-% <"imD~ ~~ mac <O ~~~D •(n jU ~ ~~g ~ ° ~._.. r ~ Vl ~s~ ~o< ~~o m z 0 5 N~c ° Z ~ ~ Fo$ uziJ vDFI n zvz ~ D A; C m O 1 ~ D ~~~ M~ r~C N r7 m C ~ 4 poi m~ O m + C m N ~ j V or O N ll' N N V 2632.83' - -so1•zs'o3'w _~~ ~~ 8° D~~ D~ W Z~ ~~ ZS mCFr ;gW 2637.08' - SOl'38'36'W c~Z z O~~ °~~ ~ A Dm~ a ~ ~ ~ y Z Z r ~ !O ~-1 ~ ~ O L J O y ~~~ ~ T ~ ~ ~ I ~~ f...- ~'I l V - O ~ V1 ~y a r' n~»° ~~~2W ~~^~o~ ~ A~~~~ ti o ~ ~ rn zm~ao ~~ 9-pc~J'9 ~>~ao I ~ Innis r In W N SQ c ~ o - >~~~~Q nm F Zc Z~m~~ ~~Z emu n o ~ 1F/ICZ'f~N` ~~ c~~F ~;iaNai r ~ o .Ni$Q+ ~ 111 r- I mo#z [L.~, ,_,o m O ~'~o.Niu ~ f~~! c~bou, '1R OA N ~^cCSf ° p m O a ~ v F 'mC pp~ ' ~?~lO,p~~Z ~ ~O ~ '.~.~ A ~~~ ~ r ° ~ 1A '1 C) ~ ~ N 2 ~ ~~ l' W 2 + z m I ~ 1'!1 ~ VI x ~ ~ ~ ~'' A N Ot JS'28"E J29.42' p O III g r'+ 91.95' N O ~ c A ~ I Uj n r u 28.00 28.00' 61.79 60.00' 59.68 C O ~ N ~ rS1 c m ,~ A ~ I I ~~ w o r 4 N O ~~2 ^~ a r ~ r N 0175'JS`E P ~ ~ ~ ~ ~ Oi ~ u ~ g rn ~ '~ r1 J O N 91.95' a ~J C' \ d u # ~ N Z ~ 0 Qr W m ° ~ w ~ 7;~ ° ~ ~ W y ~ q ^C •abi A II11^^ ~ o a u1 1 8 I -o Z 1n I - - c~ 80.92' y y ~ ~ ~ N 0/75'JS"E ~ ~ S OI75 02'W At p rn ~ r N 01 5'J "E 66.00' ~ r G'1 ~~~- o O O1 91.95' W -~ b ~S'R c) r ~ ,1, r ~p O ~j '1 a LS ,`p m ~ uu~ o so Iw I `o w~ romp aim v v 8 c1 zt~ ~ cs ~' s6.o4' ~, ~ ~ o > g 6 cp r~ S 0175'02"w o m> Z m~ 4 z A o~ ~ r ,p N 0175'J5 "E ~ h ~ S~> a in z m mp_ O _ c °c_ c'" ~ ~ 91.95' ~ ~ # r + p~^ E V 1u~ u ~ r /~ pm AZ ~ Na# H `° r ~b 2'JF~O nIAC ~l ~o ~ w 'Qob tau ~i o _~ °~ r°.- ~o ~'~A ~/1 - ° p0 ° -~n#i o ~` 1' 4 W 92.04' om vs~~ yi~>t! `1 ~°-~ n i.1 ~ u S 0175'02`W ~ [ 2 o z ~ ? v~ ~ O ~ o ~ ~ i ~ ~ N N 0175'JS"E ~ 'O. N O m ~ m c ~ ~ y s ~ g ~ (~~ ~ V Z to In i p O ~1 r m 91.95' ~ ~ O ~ ~ Q e o ~'^ A ~S n x n ~L'+ ~I Q ~I r 2 l I I VI n1 U N I ~~.I ~~nVV / 1~, i ~ o zm rv o ~ `#° ~' ~ C /3 ~ "1 u1 ~ c ~' C/ ~+ ~' N `'~ ~/1 _I //1 I~ m T v-i ~ o q~ g 9 62.04' ~ m g p ~~. ''~ ~I ~ ~ o;> '~'1 z a ~'~ ~~1 S 0175'02 `W ~w0' c ~ w 1°o "'g ~ ~ ~, y m N # ; oag O C~ m Z~c ~ 4U'1 u N Of'25'JS"E m~ ~ ~" mom no ~ ~ I ~ O m p E r~+ a - rn 91.95' I ~~ N 0175'35'E u r b >, a v W N o y ~~ ~TJI ~ S ~ ~ [~ m O1 r ~ m ~ [ 66.00' I ~ 0 ~ q ~ m N -c yo Iii Q ~ f W'C ^' r M N ~mm u O ~1 w ~ J~ ~ m ~ r V ~ ~ ~ WW N m ~ ~+ ~ A A~ ~? 69.60' N uN O # ~ ~ ^ ! ` b m o~ N 0175'JS'E ib• ~~, ,J v ~ O F~ on 91.95' I~' 9~ B10~ m # s0 y ~ \ gi a r U S: z Q-• w m ~ ~ + 00 U + 00 "Y b Z ~ .,i ~ O ~ O g m (3 ~ 1i # T ~ rA+'nX=SD ~ Z ~ _ ~"- 150.00_ i o - ~-- ~N A Z '4 ~ ~ O n g y~ ~ C a 7~ O N 0175'35 `W iu r r r~ ~Z ~;m ~,r`"y N 0175'35"E N ~ ~ // m ~ ~ t/1 ~^ m ~ ~ W N ~~-O 92.84' N / /y yt N ~ j pA m ° ~ 2 m ~ j~N `N 56.26' .~T" 60.00' 60.04' i ~ C mp A A a~ ~ A O S~ 1 u N /~ O5~ S 0175'02"W 176.29' o f~ .yym~n~i ~i ~ OZ N ~~1I / ; ~ y p~p o ~ O a o v o~ N 0175'35'E ~ C, -OUi ^ ~ 'Fi G~-,iCCC ~' Z 111.28• t N// i A e '1 `i 1 y O y ~ZV~oo ~ ~' ~Jy~ ~ ~~ ~ 1 s a o"9 ~x~zic°. y y J `r ^J fz~Alnln p m~~~~w° /M3 Qo0 N ~ ~ ~~~• a~~bo\ OQ v1 ~m o~z ma o\ // S 0175'JS`W crc~~u w 2nn0~0 ~ nU~U~4 ----------- -- yo ~y ~ z~C^1bC p~pogZC'i ~ m~~Ny~1 ,NO 150.00 /1~ ox u m~i oaz Z2 m j ~ $ to O1~~'{+ -•NO Cpo)n C c~~Z~uFl1 ~ A~So~g u ~ e y~U m-• 2 ~C N rl, ~x~ # 1211 ~ CA°O1•oa C~ ~ ^~ z°OUO 1.t I;lo~~"n~'i° ~ ~ SE` ya~q -~~ o ~,I Ys "'-c b zz~ \ Z~' ~.. ;00004 <~~m.1~ I^ie ., ~ v ~ ° Q,°., ~ ~ ~Ay °~ ~S~ v ~ NmooaO~ sy Ie # !c e ~ ~o D ~ z m~ •1- ~~mA~ ~ym~A ~ -mzi[ ~ uo N 4 L21 gt m~ A ~~ W g m r~+ g ~ +vAi$~m ~'~ ~a ~ ~ ~NI o ~ rtl a~ A o° iz n °~ U~ n ~ A _ W I + ~ W N g N U ~ 122. J1' 28.00' 28.00' ~- - ; - `' g ~ ? c ,., o I, m 151.20' ~ o A Ca N r N _° PLA T CERTIFlCATE EXCEPTION ~ i g g i q 9404210272 ~~ Z 1977.12' a i50.J1' 0 179.21' 2AC ~ 18 ~ oom_~ S 01:78 36 W T9.5T n ~ ~ ~ N 01:78'J6 "E 26J6.16' 2 y ~ ~ c x z ~ ~Iz7* z~ ~.. ~ FN ~~ A~o-~ m ~'j''1 Q a° \ m o~ ~ ~ ^I `~#C ~ -zl W F ~(AD m m ~ i o ~ ~~xm Vj > `V o° °n~ia ~ F ~ m ~ 01• b ~ i w 5 ~n A~gw 4 a b .~. o D ~ g°y~"io w N '< ~ v~ O N D \ N N p ~ ~ O A(~~p\ II-'~r rrr rrrrrr I~- ~ N (1 ~ m m>2 ~ N A y OD ti ~x w° ~Nr ~. _. .. -. ~. _. ... _. -..b~ V q(ri~V.GN~ 1 ° 2 NF -I m N < y ~o -.obavmu#wN-•o "n a m g ~g~ ° c°o ?t\ G] r•Aj k N .. Cn O ~ nnnf)t~nnCl nnnf7nl7 flnn ]~ ~ 1 O AC t>il 2 0~ m "" ~ ~ ~ UUU zzN VI (VUII I(A~(V,1,2 z~pp/pp1 V1 lmmA Vmmlzl/11A V1N ONiU+W N-N•Ob Of vNU+WN~p o0no V obi (pii+W Agin d f][ [ CA ~m yp ; (p~ =N (N~ 00 ~DD1 2 ~440~4 ~01 O~O~N40o++4m #J•O4Nt,O1 0ND (~,0,,1 m~ Zzm ~ V1'~ r.l nZ ;± O t°~1 X = ~ U#bb+++NNA`~i~i##01##bbWWOO D N~.~.".~".""~#########!.##NNNN"'r A~ ~\\ i ,~ ° A~ ~~ C)Ui"~.(~1 I.i ~i ~:NN (~ .1. (~(~ppOp ply NNNOVe,OVeNNm ViN V1 VI Vi (n to U(n sN(n (nUUNUUO A m < A m fD" Np1WmlmfnU ~(nN~~~~~~0101Vm~Wb b' 00 °O Cl~ ~j~ r mU ~~ by "~nlj ~ USo$5888$$8888888300888$88v ;m ~ ~~ ~; aA o- ~mE1+1 >EmmE~~>E >FmmmmmEmmm ^~m a r~. v b> V D (~ a ~ ~ ~°~ ~ ~~ 2C O ~., p _ y ~~A ~ ac m v N ~C_ OD ~ ~+r a„!~~1 !eN wNV Nb0 mG0 V,N+,oWiN O,CND j(Nii044w 4,00Dm ~ ~ mm y°A ~y y _ ~ I V1 ~I t1~~~'~~` NNNWWW W##U NtnNW#N(!~ ~ NN$~O b VNUVVO(bb oi4 VNW bbbb00~o > xZm f*1 ~m ~W ~;~~+~+ rj~•l NNN NOOVV ()1u b.W~-•~OpOVNOO-•~O OI OHO VOt/i~###VV z° N Z ~ ~^ pppp ~1'ulcn~l~v:•Ww.1o(,~_.. Y ~~ nu ~ ~ N ~ ~~•Q~ i\~ +UU+00 #NUOOwi4NtNiiUG bbOO y. V! ~ g ° N q W nW ~ O ro IAm s%' ~N..NU-•1pN WWNWN #NW VW((.,~1ppppNN D I 4' # O 011 OfU001 U101~~•O1 o1TNW 00000101 yy ~• • °N Y o \'+ ~~~~~ UW~=U1~~~51~.buN!#nCbCbVa'.sia •al:aag _ O q~ Q N LQ~~~ ~m'~~~~~A°ibUa1N1.1040D 01T01~00001`; 1`;G T 9 1.G^. 3SQ .. `' ` J U w~fT~p City of Yelm ~~ Community Development Department 105 Yelm Avenue West P.D. Box 479 YELM Yelm, WA 98597 WGSMINGTON April 14, 2005 Project Fore Barry Howard 945 113th Ave S E Olympia, WA 98501 Re: Buckhorn Estates Final Plat Application 2"d Review Comments Dear Mr. Howard: The City has completed its second review for the above referenced final plat application. There are still a couple of items that need further revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: In addition to the corrections required by the reviewing surveyor as marked in red/pink, we have included our comments marked in yellow. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one 11" x 17" copy, and a Mylar set for recording. RETURN ALL REDLINED COPIES. 2. There is one small change in the Stormwater agreement. You can either initial the change, or print a new page. There will be a bill for the survey review, and Jim's engineering review. Jim is out of the office until Monday, so I will get that billing for you next week. You may pay the night of City Council meeting. Please return all items to me by Tuesday, April 19, 2005 to make the April 27, 2005 City Council meeting. Otherwise, it will be scheduled for the May 11th City Council meeting. If you have any questions, please feel free to give me a call. If your surveyor has questions regarding the plat survey review, he may call Dennis Baker, Geomatics, directly at (360) 400- 5263. Sincerely, / /~~ Tami Merriman Assistant Planner (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us ,~,,~ -- U Z ~ ~, `--~ €.s° ,~ o e O C_1_, n~+ R o 0 K.C "~I ¢ o c N MM M ~ m ~ W a Q n i ~ 3 N q JM O O O O W NKN ~ ate; N W Q O h O.!, a U N N O Nb~ ~ ~ • .,~ .. w ~ ~ Z o ~ 4~jj......... ~ m j ~ a o¢ -' ° o a V ~ o vUi wl WI WI ~ WI °z~ ~ o ~ ~ O Y n 3 ~ 0 0 0 ~ ~ o ~~ oQOO w V~ a~ i 3 ~ ac m e ¢ e ~' e w° ~viw~ ° v ~_ o ~z Como ~; ~ z 0 0 0 I a U ~ 20~ ON2 N m ®~ W W Y ii Z ~¢ j ~ ~ ~ Z Y 0 0 ~ o o W a° ¢ ~ o r~ ~' w a s ~ a V a ~ a ~ ~~- ~~ °QO ~ w ~ ~ a o o ° a ~J o~ ~¢° o ~ Q ~ Q Z ~ QU xe U ~~~ U ~~ U Z ~ G+ 2 J f~ 2 V O ~ 2 I°- mm ti~ ~~ Z ti W O ~ W U ~ W~ m~ (/~~ W ~ =2 ~ U W~ J V V ~ C Li ~ ~ oz p Q 1- U O C~~ ~ ~ OfFi1 2 °~ W w ~ O O W¢ 4 W O W~¢ ~' U W G 2 N F- V7 Wm •I'~~2 C Z Z 2nj~p3 aa01' ¢ W K~ ~_ a-OO~ H O¢ °Ztn2¢2~ U m~ R F >WOKJW G ry UNW > O~¢W~ W 2? ~KWVa1Ww¢¢~U WW~ a°p W~WZ~ W CO~I- R amk"w,uzZZ~a~v~ 2wcn v, ~ w //~~ •y JOa~ZZ3W 2 I~~W K V12N ~ ^N~ O W > ~ ~ N W W x N - ~ 3 ~joWYwUO~x= ~ mO°wm ¢ ~, ¢cn~~n x W ~ xi=w~~~~wm~am ~ ~ Q~uwiN °z ~ ~Y, WO~~~ ~ '' Z~wZO~=vio¢~I¢- W ~ ~ }pow ¢ = W ~o z~ C~ p z~~W~-"al-N~o~mw m z O ~~a0 ¢ 3 V xm¢~~ J ~' m WWW¢Cx7 ~n0}w~W °x ¢ O ¢° p r a Z ~~Nwa~a z~o~ x N A o~xZ~ `" o ~ maW~°z ° O ¢owaWw~~NmJm' m ¢ wWVO-io ~ k' O OWE<°m W ~ ~ 2W~~pZV10¢ x ~ a°~w ¢ ~ ~+ ° a `~ T/1 ~ A W~oo~o~QQ~wwQ ~ o N 0O, i~~~~ J w I ~ a~~~~ a v' ~1 Inv v~ ¢'7-'vi ~z~vi ° ~ rYi °' ~o'-O a ~ fYl sew °wrn ~s W a4~W°xwW`WUQwocwio¢ °~+ `^ i Q N ~ >W~Q ~ o I ~ ~=~op~ ~N W rn c A W?WOaL^~Z~~"m>Q°- az = W~ "~' ~owia °z i ~ ~p~~aN ~°z ~Wx ~ ~x'ZWZm~aa¢o~QW~ o~ ~ ° o z ~ z~o~ a ¢ x ~¢~¢`~~ ~ ~ W~~ a ~3¢WW~OW~¢1-~W y,C ¢ ~ ~ ~, ¢m0¢ Z 2 W F>l 2(A x~ ~ w bl m01-O~aN°WWN ° mU W ~ W W~ ¢ U 2 K>"~WW= O} ~'• ~~~ ~ W p¢Z 3.1°~~¢~W ~N ~ I = j G WOtiOj = ~ O U~QW20 m~ ( ~i 3a Z C ozaamowoN°¢pz xa w , m ¢ ~ ° o~~O ~ o ¢ N >NW~om pO ~ ._, ~wp w ,+, w°~ axsa~Uw2i Ncn ~ 3 3 w ~oo> a ° ~ mJ~ UY N ~. ~' °~? w O ~ a~~xf-"oU°~aJao~i m N o W ° °wzz° v"'i ~ ? o ma~~~.. s°z o ~, "'~~ ~owlW"am~J2~~¢? Q~ W ~ ~ ° ~ In ~waQ ~ ~ r°-~ ~' =c~i¢i°a Y~ a ao~ ,({{) 1 ~ 3~¢~~ac°ii~~oc°~~ ~o ~ ° m ¢ ~ N w~°w ~ i z ~ -¢z~nmU U ZZ~ ~~il owc''iJmmc~jOZC°° °~ ~W' a vl'i ° ~ ~°°¢~ y~ °m x~oaa~°o°°¢°ma ~°x z ~ a' ~ ~Z~ 3 = KON x ~ m h W ~- O FWD ~ N Y ~ o ~ ~ woom M ~ ~~Z W O Q ~ ZZ ~ ~ O W Q I awl ~ ? O U~pa °WW Y o WW<ap° U ~ ~2K1-I-W~ W U p 1~0 ~ ~z~ WZ f'~ n 2w ~ GU~JwWS~aYQ W OUGNOWC O Z y0W2Q2 ~ K ° I~° N70 O o poo a-owp~ azl- Joo 2a~orn ~ ° ~o~°m~~°zw~ W ° w2 I o ~o~ ~ ? wow ° wow ¢ wz ¢~ ~¢~ vim z W N o Io O^~2~ Q <a~U ~viNW2~O~O0~Wj01-¢ 1~°aW~UO U_wW UxOWp~a~~~aW W~m~ IyW U v1~0 ~~ WOU¢ aoWm~~ma~~WW~Oa~~ mW W¢¢W~ ~~ aQQ~QO4~W~~jW~UQ~ IaW wmcTO3oN.r zm ~Nwz to ~~~~ Ooopo~ax m¢i~ mn'Z~ ~o ~o~ 03~ ~~mWWWa~°WvxiWp Ism om~O1 W~ a~~-" ~ ¢wZmOm~-w~`^w `"ZO~F~' y>¢oZ~• wcn? '-~:zow~na~a~w ~w 2 I ~,a mmp m f0 ° 2 O pmo ~' ~ xocn~_ z¢ ¢2 WNp (7p2 pzaawz° o,,, m 2O I mw ¢ mew z No- ~, zw ~W~~ wU w m w ~' .~ o zz- ° 2mo~°WW ~ ^~oo~ ~J mwo~ E-~ ~oomNOZO~~woomo~a~aa W~Z~o~o~ ~mW ii~om>Oam~m2mzsm iWy "10 R'I-] _ J O Qi 2 w O ¢ ~~ mOW ¢OU2W O-W O°Np x~ H o~ z a'~ J~k'z ~ °md~zs¢~W~W~'~waxla.,l„~" vi3~~y¢ ~2z mU awx~~a~xcWi'`ao~n`-1`-+ Iwem w SInOaN ¢ I oo ~ aoza Wo- mw w~-+Wy "' ~WOC».?~"o c°i¢o owom U o ~" I z ~ ~' NW~~ZZ zo v=i~~cn a. logy a~~WV~~"~u~~ m~aw~w ~oz ~¢U z y oZ~wc~~ z W~pN~ uxi I aoo ci ~U ~O° °~_- OUN W >VI JUOaO pVl x~ law--, Wp 20 p2 4iW0 W V1 Z ~ Z O a p 20 ~ ° Cq o ' iUq z¢mU°z W v''i° jti°zc°i~ ~ ovwi~a?z°w~~~d>°-°a=~°~z z~o~W>~~' c~°z~ ~a`~>>Zao¢~J~"Q¢¢~ i~~~ a ~ W zz~z~~ F, ~,a ~k'aa~ ~ cn~¢o~v=i~~w~imUmW~~~~v°i cmaz~<°m~ °wWax ~~~Zao?po~¢WZ~m`^~iiaN O ° o OOWO a O O~ ~I¢-~O~ S~'p~~(~WOOZW-~pI-~ W¢W U~K-~'v>W COI VI p ~U F-OZin>I' ~OW21a>• c~ ¢ Q SSK~03 ~ aj 2WoW0 ~ ~W¢QV}Id Wa~¢~WNO°aWS 2~OQY~cwilm O_ OW ~~QVN12xK¢SO¢2aWW~~lt~AWO a p W02 WO O °¢ a~ -i VIN 2N OY W ~~~ C U¢QUUNp2~W Vl to I C~ Q ~ OOpaO~ °U p2 ~K I-W~nw-~uj20WQV10 22~K~UjU -ai cwilw~ 3Q~ NZZOW W~ K~=j¢O~W WO~m I0=0 I ° jj2~ ~ 2~~U0 zxm°amaaol-o U~¢la-~az¢ aOQ~ O o<U° W>22 ~~OGN JW~~ W IQ ¢ ~ f N Ch o o m2 w~om w o ~'wam-- wz a:w J ox¢ U UN m J vi o~~ ¢ I o ~ 1 ~ NVl aW0 O xWa>- NNK Owl 2N WUW(/fUw 2aa X22-N¢W¢I~ z I-~o oc., ~"~- wYN U ~-vl-~,°'cnaW¢~'Np~`"I`IU-~ ~ U ~J- WOOO ¢ Oc>-c~~wNmyOOINZ CJ 4,~m N m°wzz ~ w~w¢ ~ }o}Nm¢ ~" N ~- ~nJ ~ I zap ~ oo~~UO 3~ mmmz~ ~ WWU~a=Q~1-aWW~¢U~N¢W ~m~Q~m~s maWlm- ~~¢v°I~oQ~o4+o~mcnlJ'oo,~w~ ~ o `^ W WOOWF- I ~ }O~ ~O ~°~ W-m2x~ W~~ V-¢ W I- 2 WW -iW UO° E-~ i,. UOUKKN ¢~ WmaW 4y I-W V)pO f/) UN W zKNI ¢ ~NW ~~ ¢~W~ =UAW ~-i2~20a~m2~}x l~ U } O U ¢g~WO~ ~~ 3~~OW Kii Ja~za YadWwW-+~¢w~~>"z ~~~~"QO ~Z N °pa 'i1~WUa-'~~NnW ac ~JOQ~ I N~'O w ~ N WW~ ~O K~-2 Z~ W aw al-2~~~ ~aa22¢OOa W¢UW w- ~-cn O~¢ WVl O¢OW F I W<1- (> o ~ m a z~ zz m I-~NN Woo `~~' x2 z¢ I m~N ooe~°o >> ymo`=~~ ~~"a~i~c~ia~oox~NZmc°~U-'az cm'n~`"ZC~x~~Z ~ZwWZ wow ~°zezO~"waN o°a~- I w~ ~ ~ W~~amW N~ ~ I-1-~O° W N~O~jW Wam(NnOW W~3aQCm2 a~C~3?W(W.1W WO~~ ~~C aWa ~^_,¢a~0 UO20Z~W W~12W~ ~ to Y j ~¢JpUX~O aWII ¢¢¢~~ ~W~¢¢p2WU0~¢2¢w¢W~IW¢ ~WOW~¢Q¢ N2¢¢ 20aW Z°a~~~~W ~O~-¢.i210W2 ~ ~ m O a>?woz am 1 ~~w4"a Na~z~l-Jxeaw¢w~~~k-'o~ ~o~_zoa ~a~ln ¢azmk'~o~awmxaooa_lo~o ~ v ? w o ~ ~ a o a ~ a W W ° Y=- ~ O ~i a U 1~ O \ w r~ Z T~ V 1 ~~ ~y W ~ N ~ di Z W \ 7~ i - ~--I ~ r O ~ M 1~ ~ ~ ~ ~~ V F~l ~ m ~ ~ ' 1 O a ~ I~ x W rn n Nm Z a aww a ~cFiza ~ oY ~U \ a,,,a> ° ~ ~ a Oa_ m0 U o w = wOZU O U ov OQO ZN F O KF'a KZ~N O ~ 0 0o J O~1 O ~ a d OU~ZZp~p G ~30~O~MN 0~ N h _ w~~ Ywa ~ W ° am S ~° U U O rn Q vi\zz~~-mm _y M W ~wN jZN ~ aN i( /~~UNtO0NWV0 OwU J rr O V03 d'JZ a 0 ~ (I K O O F rymZ~~7~ O Z N~Ow O~Z ~ (%1~~ O '- ~ Q N2 XJ m Z ~O W~ OHN gU.U~~W°UaN ~ H aW ~ ~ ?D = SON W ~ O rW N Y a 7W0 ONOOZUC J F~ s UYO Z aa - O N V [ 7 \ O OZ(~ 7 l j Nd J ~U ~ N 7 m wpN N ` ~ ^ Wa NU O w F N O Z W O~y~ ~IY 4170 N=>Z~ 7 W N NN a inna w ° • Q o`nUZOO~~ _ ~~N N Uw F ~~ a maw o j~° ~ Apo z0 ,80'L£9Z oa ~~~ X70 Ci ~ F ~aa O O O \} ~ CWA 1~a ~ ~.yUU Z O ~~ 70 ~? (~ K a "~ a a °o ° w ~' ~ ~ ~~ z <o U U '(~°~~ ,£8'Z£9Z cFiz»oaZ~ 9aa oQ N(~~U?~7N I~V~11~/1 ~~ • 7 w ~ Z 3 ~ ~ OO ~ 3«44,4Z.LON GWj o iv ~ U w~ ~~~ VWj am w W\a~ °~ a. ~oac~i N ~ QZ QO a \~Y I ~Om o~ o ~ N~ a 7 Z U I J p W U N N 3 N~" O ° Nm cp ZO Z N M~ O O F N0010 wK U Y O w ° / N m ,•~ m I ~ U a n¢~ \W\ I Q~J oaw az~ 7 N JIn O 010 w z o io I w ~~oa n~ marn Z O Z ~ N O M N I U man ~ N ~ N LLza ~ a N ~ ~w° a m W ~~o W I ¢w5 O Zso CY, I °¢N GL X50 [~ ~ w J U Y Z U O yJO~ I ~ `~ ~acwiaw KJQ fp °~d' Nam 'J U °w~a z/] W w~F-~ I Nr%1 m0 00 ~ ~` Vl a lei. (/~ \a\aV1 fN a' ei' Z\OOOY - ~~ 7«S£o£.WN ~ ~o~aav7i _ - sl•s£sa ~ S'6Z£ -,40'6S9-' M«9£,B£.LOS _ O ZS'6Z£ -',80'9l£L @7 ¢o w 3 ~S Q~+~~ 1~~1[1 N~'~~0~ w ~y 7 w OUi VOI a0 ~ N N ~ U K a ~ :~ (O tp ;~ 17 ~ C/~ ° o I ~~ ~ Z N I `° I ~. ~ ~ F ,Z4'6Z£ ,£B'BS9 ~'~1 - <o ,Z4'6Z£ 3«9Z,S£.ION ~ U UU M 3 w '.I Im ~~ io iv ~ao ~ M N N ~O ~ M M Y ~ ~ ~ ~ t0 2 Vl W M pMf W ~ ~ ,Z9'BS9 _ ,Z9'8S9 _ ,4Z'Ll£l aMO N I 3«OZ,Z£.ION + - --I M N 3«OZ,Z£. LON N ~ O ~ I r%~ z F oil I N r W~ d' O ~ Z F `O ti 7w W Oa M ~? N I~ ~~ M V W~ ~ ~ 7w N ~ ao fio ~? \J~ ° U °w .-~ a o W a p UU ~ j~ J7 3«£0,9Z. lON ,£B'Z£9Z U Q o ~o O a o< N N M/ ~"~ <D m ~ W_ ~ a ~ ~ ~ V N ~'~'I ~ 3 ,-, O !-^{ (n ~ 'J Q v g _i-^Q317 U X ~ •F 1C) F+ ~ t° w J J m ~ V ~ O N U] ~ o °m ~ (O ~ J v ~ m S ® to W H W OJ Z ~ y ~i O O= ~ m .- o_ xi m p 'aw 3 w U N] N W O ~ ~ ~ K O a~a°D7WO N O ~ m 2 n~'m~jv=i °wo°z3 ~a0~5~ Z K Z Naz~Zz z O p U W U ~ 05¢~¢~ w ~o Fwd Sm~~°~ O ° N O d j 7 ~ No~aW~ /-JO~°O h ~oowo ogU~~~ U ~o~fr,W~ C~zl onTd~yi.i Q N~~ Z m O c~o~Wiw a , U X ~ ° a??wOm w w mw~ w~~ ~ ~;~ ~ZOZ 7 Z O ~Ny VI ~ ~. ~'V apU w U ~zo: U ~ wz W O ~ 7 .} ~ wzv~ oI SOW JWf= N W O O O~Z W m O~w 0 awl °z~ ~ O 77 7 Z N O O ~OK K 2 a a N d ~j ~ a U ~ 7 w y 0 w W o 0 U ~ Y ^~ r O ~r m j~ ° ~ 2 U K ~ K O w WO J 7 O U U ~V N O 0 0 0 N ~p ~O ~D W M O N ^ ~o ~- orn N •7 •W vi ~ Q~ ~ li GOON NNN!"1 'P '.7 u)O^:-N:-!~1N OD~pgjNy ~7 v~~~... ^..... cYj N NfD O v oovavvro°p°ASM`~PrSwM~S+fM`+P~°p °oln rbr,~Q ~:a~ '~d`.., ~ ~ ° ° NN0000 M~NMN^7 by N~~1N~°7 pjNbb~N~NY jy m •+~;.~ ti O 3 O ` rIl u (:1.4 °' ° 10- O N~~b'I~h~ V~1NObadOb~000~ Off 7071 `~ N4%~~ % [mil N N a VI N W ? Q /}~~ O+ O O a~i obi a~i a~i ~~] N ~ M ~ rn ~ O ~ ~ h N ~ Y O~ ~ m ~ N N O ~ ~ N Y M h h N u^j M by •b'] h ^ ^ ~ ~ ~ N N N ~f'`!+~~1Y`,~B 4b~ ~'~' I///`Vyyy ~ ~ O U 2 < Z ~y W ~ y a0 d0 ~1 •'I ~'IM OU)0410N~D^I~OM~U OOi hf~nl pjNOi ~7 p' ~ ~ Qp "'~ V) aJ ~ U Q3 ~ ~ ~} F-J bb7777 MNNNN~'1MNNN NN o0^M^b h^ ~[ r^ ~ <,Op 0a W~ U WwG ~ ~-I WW W3W WWW W33333W W3W 3W3 vl 30 ~N ~ ~ o bm .~ o00000oooooo00oooooaoooooh q ~ eo, ~~ ~ ~ ae ~~ooooo000000000000000ooooom ~°~~~ pup ~p°~t~po~~^`n~n~q~ MAN ~v W N W ~ ~ } m m ~ ~ ~ h h h Vj vj uj 1ri Vj Ifj Vj lfj 1(j ilj 1Ij Vj uj lfj t(j ~ N N ~ ~ N N N E1 ~ ° _ .~ ~ 0!fi ~ ~ !~1 :n !f N N ^ ry N N Y ... u1 p Q b ~ Q ~ NNNN777777777777,,,_,,,, ^,~,~,~,~N a MMp>0~77 M7 NNN7 Y:1 aig7jn S X h O ~~ Ua ° ~¢ 3 \\~ U u~;~;~r~;~nn`.gn;~`,grrl~!~!~nnr~}~ w Q o ~n Z< N Ww2 m000 DOµ70p R1N Wa0Nbbblp apW^MW... 2w w\ II •7~ p U ~ W W >_ 2 J^ ~ bN Nr7 "1 Op o0N W bN^'1 ~'lhb W bO 7b0 () N j U~ Z m h K = U ~ N M 7 h b I~ b 01 0^ N ~'1 ^^ b^ QO Of O .- N M 7 h b fn h VI 2 VI (n N r^ ~ \ ',,,. M-~ O ~K ° 2NW UUUUUUUUUU NNNNNNN ~ ~ZZ~hNb hZZyNN v, 7 m cot N O UUUUUUUUU UUUUUU UU r, Q~ O \Y k O O W ° ^ ~ II W u ^FIY > ~ L~l J b Q 2 v1¢q O U ¢ ~ o^N~'171n bf~b Of 0^ W~ m I F- Q W Q W • O O~a~p W W W ~ O ~.IJJJJJ J~~ JJJJ~lJ JJ-J JJ J °OU~ ~ ~ ~ O VI utU yN W 2Qrn ~ W U ^ U ~Faj V • ~ O o ~ ~ ~~ O Y o~ ~ ~ 7 ~ ^ ~ OJ ~ ~ ~ ~ C m o~ o `" ^^ O1 U b eZ a m Z W x N I a ~W~ oo ~ jwq mNF~ ® p O= Q ~ Z ~~C N~ ^ e j40~ ~ ~ O_ } m w ev,a a z d' z7a xi m o j 3 ~ ~_o~z N~ ~ \aZZ~ ~ 3 v ? v H ~ ~ ~- SARI O~li z ~ ~~ v °a f]a ~ v o ~ w~ ~ 7 w ,9l'9£9Z 3«9f,8£{0 N j W ZS'6Zf M 9F 8£.l0 S o Z 8{7 ^ ^ h a Q ,lZ'6L{ N ,{P'OS{ ° W S ,Z{'LL6l 2 F ZLZO{Z4046 b < NOLLd30X3 3LV~I~LL2130 1Vld r~ ~ n ~~ ~ ~ o o f ,OZ'{S{ Wo ~i o "~ ~ Z U N ~ - ~ - n ,00'8Z ,00'8Z ,lC'ZZ{ ~ ~ ., W hp~ waa0 4N0 ~ ry°j ~ µ I~3 7 mW OW ~~S~rn G 2 -~ ~ <O «7 N Oh ~~ ~W~~a NKOOC °~ W O M J V U '16 lZ7 7 M ^N ry ~W p f-._h~ Q W~W d. ~-" U ~ G } `"fb Q W ~ G of ai 7 ~~ yKW O^ ^ t. ;'1 nI jW \a Oa ZN ^ 00~ ti] m OWS ~^ U O y _ h^W w} MOWI-> Uz \ YzK ~ ~ } IN O ~~" ~ OQ J~ f~ NM°~> ~ O~ ooz ~O u10- O ytZZtJJ ~ mW 6~\ -! 7 G~ W s 7 ~ 7 ]N OQ~O ~~OT UU ON~~~N ~4 ~~ ~~ ~ =W 2 ~~y rn J h z r'JeN ~ JWZ Z z`°O J~cW.i v =° ~ oo'OSt ~~~c°iaw ~i -ieZ~"°~ ~~WUJW e ~ °w -- ----------- oaNe~ni i~ °a°~~~_z2 m Jas ^ 6b M,S£,SblO S // \v °<W~ ~ 2~UUKVS ^a~¢ti~ [v1 O \oho~~ a~~16 Q ~' y v Op0 /~ // o<c°~~2~ O SSo:~o3 C^I ^I r~F~~{ oaz~=a Ayb~ ~i a ~ 1 ~ u1 /a3;2~« ~j ~ °m°m°~°i ~I V 5 ~'~ o d //N2 ,8Z'{{l ? F tOi1V=IOaW~ ~~O OU ~1 d` ~ / 3«Sf,SZ.{0 N rN Oo 0 o W ~ ~ ~V \e~ ~j 3N ~ ~'~C°~VO / n b o ZO U ~UW~~C ~n ~ N Z~ ~ QQ W v 1 ~ ~ ,6Z'9L { M«ZO,SZ. {0 S 150% / U U J ~ Z r A ~ -' p W W I=- '~ s la r~^^ ~ `4 ~- ~ .40'09 ,00'09,2'I~ 9Z'9S ^ cNi~ 1 NilN O ~ a ~ O O 3 N 2/ N 48'Z6 ~, ~ vl a c+ p•3a/ ~~ NM om~ Y~ m // 3 U N 3«Sf,S~IO N W-G O • ~ ~ ---- - - ~'z ti ~ > °~/ N ZiJ1 U cwij~W2~ ~ M«Sf,SZ {0 U O~ ~ ~'i U U O ~ ~O- Mo ~ Z ~ H ro m m F' ~ ~ ~ F S \ z 7S J ^ J -fir ~ ^, ~ ~, ~ ~ ° " 7 ° b Z 1~~~1 ~ F~ v ,V-Lj !y O eCj ^ ~jC18 ~ ~ I ,S6'{6 i ~ v r`, G,~ ~ 3,S£,SZ.{0 N ~ o '~I ~ rr~` ~ o .09'69 t~ ,moo V o "~~ m= m [~. ~WI ~ r~,I O} I m o ~ S M~ I j ,00'99 j W b 7 J b 3 _ F~~ a o '~i FL{ I v~ ~~ J m ro W ~ ~ O c~ 3.S£.5~10 N j uwi I ,S6'{6 .`b~+ V 3 a w O~ ~~J O DU }oW b J o< 7 ti ~w0 vi °oQO m"~~ ~ < ..W 3.S£,SZ.{0 N •"~ ZZZ z ry b ~ yQ° U_ ~y ~ o W o n7 w Z ~ M«ZO,SZ lO S ~>> ~ ~d 2 ~ ~~ ~ C m Quo C~~I T,., ~+N~~ ~pjw~ N ,40'Z9 la \ ° ~ F S N U ~Z~ .~ I (~ W I O SJ ~ 7 ~ b y U 2 1- U N q J~ S d' R 1~ C/~ W ~ O ~1 2 -~ a N I ~_ XM W O O m~ ^ I O ~' a ~ 7 m /1 O ~ZWQ ~WNp b J ~~ O~ .5616 ~ ~ O~pN}OI Z `L~I1. ~ DTI ~y~o3 C/~~oc Z~ 70 n ~ 3.S£.SbION N I~ ~rc~i~ c°•r y V GGw~: O ~~? 2oz -+o M«ZO,Sl{O S ~ N ~ ~~A\ ~~w q a~~ 1~~ n 2 a ,40'Z6 M S£ SZ. { S v o v o m o - r~¢~ rn ~ !E~+C~}~ F i'i20 ~o 46 ^ O W ~~ r'i rn ~ ° ~ U~Z W m ~`,~_]N~~ rw ~~_~ O O~ b0 N ~ ^ NIN ~4N bl ~O b dW~ FO~ W NV1 ^I ~ ~` ~ a O '' yb. I- M „71 ~iN ~ ~z~ yNj ° ~R K~ Q ~ a W S " J O~ m .S6'!6 rn F_ ~,Id' cn ° o a 2 ~+~N So ~ ro ~ 3«S£,SZ.lO N ~' ~ \l, ~o~ ~ ? e ~ ?~ ~ o M«ZO,SZ.lO S p h 0 ~I ~ O° W S J O .40'99 ~ s~ i C12 ~ R) o n - e`n ^ o o j/~ ~Ja ~~N ~ b O ° 47 U1 ^r n O ~ ~ ,00_99 3«Sf,SZ.IO N b ~ ~ ~ Z~ M.ZO,SZ.lO S ~~ 3«S£,5~10 N o r Z ~ ~ ,Z6'08 ~ - ''~ a vi Z °" 2 I S I ~ S g w I poi ~ ~ ~u ~ 7 J ~ m ° ~ & Of ~ ~ N N} \ N O O ~ r N Yo mM a ~ ~ LO rv ~ ,S6'{6 ~i O r Z ~ < ° O 7~ ~ ~ ~ 3 v~ tF~~j 3 3,S£,SZ.IO N J ~ ~ ~' z~ Z `r N O O h n1 ~- h h 7~ - ~ ~ 1~ `~ N ry N fd lV oO I i~ I ~ h ~ ~ O N 6 W rn ~= F- ^ Oro ^ 0 J N b 7~ m O O UU ~ m n ~ 2 2 vNi `° ~~ ~° ~ ~ p w o N O U ~ j Z < ~ ~ - ,89'65 ,00'09 ,6L'l9 ,00'8Z 00'82 a°. O ¢ ~ I ~ ~s ~ w a :11 0 ,S6'{6 ~ ~ v ,Z4'6Z£' 3.8Z,S£{0 N W ~ ~+ ~ ~ aW~ ~ o av. ~ < U - ~' Y ~ > o BOO -WJ h r py} v> O 3 N '~ ~ e?ti ~ y~N ~a•owi oar d0l~~ ~ \^LS~W ^ ~ ~ v ? w o ooN ° ~ ~ Zbaecwi 7">p ~c ~o ~N~cwivi I O o ~ c' NWN7 2~ ~~°0~w O ] WU OW-y.jW~ ~ w x tioN .~ M h~~ Z6v>J zZ rya°wW - ° ~ o maw ~ I\caiwUw ~S'~6- ~~ ~~azW c° ~ < v a_ MZO~W ~~~ U ry2~W0 O oeU~a OQQaU J tractA ~j pi Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/18/2005 Drawing: Drawing3.dwg Measurement Units: feet ---------------------------------------------------- `TRACT }~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 12242.195 12513.510 Start (POB) S 46°40'47" E 166.47 -114.211 121.112 12127.984 12634.622 ** Horizontal Curve: S 22°37'52" E 18.70 pc-pt S 43°19' 13" W In pc-rp Delta: 48°05'49" Radius: 22.95 Length: 19.27 Tangent: 10.24 S 88°34' 58" E Out rp-pt S 01°25'02" W N 88°34'25" W 22.95 22.95 22.94 35.40 ** Horizontal Curve: S 78°25'34" W 80.08 pc-pt S 01°25'35" W 178.00 In pc-rp -17.260 12110.724 12127.984 -16.697 12111.287 -0.563 12110.724 -22.933 12087.791 0.881 12088.672 16.067 12072.605 12088.672 -177.945 11910.727 Page 1 7.196 Chord 12641.818 pt 12634.622 pc -15.745 Radial 12618.877 rp 22.941 Radial 12641.818 pt -0.567 12641.251 -35.389 12605.862 -78.452 Chord 12527.410 pt 12605.862 pc -4.431 Radial 12601.431 rp tractA Delta: 26°00'02" Radius: 178.00 Length: 80.78 Tangent: 41.10 N 24°34'27" W 178.00 161.878 -74.021 Radial Out rp-pt 12072.605 12527.410 pt ** Horizontal Curve: S 69°59'36" W 19.43 -6.647 -18.258 Chord pc-pt 12065.958 12509.152 pt 12072.605 12527.410 pc N 24°34'27" W 122.00 110.950 -50.737 Radial In pc-rp 12183.555 12476.673 rp Delta: 9°08' 15'~ Radius: 122.00 Length: 19.45 Tangent : 9.75 S 15°26'20" E 122.00 -117.597. 32.479 Radial Out rp-pt ------------ 12065.958 12509.152 pt N 01°25'02" E 176.29 176.236 4.361 . 12242.194 12513.513 Closure in Lat/Dep: 0.001 -0.003 ----- Starting Point: --------- -- 12242.195 ------------ 12513.510 Distance Error: N 71°33'53" W 0.003 Total Distance:~520.58 Accuracy Ratio: 1:164,623 Area: 12,963 ft2 0.30 Acres Page 2 buck20 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/18/2005 Drawing: Drawing3.dwg Measurement Units: feet ---------------------------------------------------- Lot 20 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 12182.177 12512.025 Start (POB) N 88°34'58" W 72.00 1.781 -71.978 12183.958 12440.047 S 36°12'25" W 56.65 -45.710 -33.463 12138.248 12406.584 ** Horizontal Curve: S 38°47'09" E 23.30 pc-pt S 36°12' 25" W In pc-rp Delta: 30°00'51" Radius: 45.00 Length: 23.57 Tangent: 12.06 N 66°13' 16" E Out rp-pt N 56°52'11" E S 88°34'58" E N 01°25'02" E Closure in Lat/Dep: Starting Point: Distance Error: 45.00 -18.163 14.595 Chord 12120.085 12421.179 pt 12138.248 12406.584 pc -36.310 -26.582 Radial 12101.938 12380.002 rp 45.00 18.147 41.177 Radial 12120.085 12421.179 pt 7.62 4.165 6.382 12124.250 12427.561 83.00 -2.053 82.974 12122.197 12510.535 60.00 59.982 1.484 12182.179 12512.019 -- -0.002 - 0.006 ----------- -- 12182.177 ------------ 12512.025 S 71°33' 55" E 0.006 Page 1 buck20 Total Distance: 302.85 Accuracy Ratio: 1:47,885 Area: 5,428 ft2 0.12 Acres Page 2 tractB Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/18/2005 Drawing: Drawing3.dwg Measurement Units: feet ---------------------------------------------------- -~~~,- a Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 12087.792 12641.249 Start (POB) N 01°25'02" E 22.94 22.933 0.568 12110.725 12641.817 ** Horizontal Curve: N 22°37'52^ w 18.70 pc-pt N 88°34' 58" W In pc-rp Delta: 48°05'49" Radius: 22.95 Length: 19.27 Tangent: 10.24 N 43°19' 13" E Out rp-pt N 46°40'47" W S 88°34'58" E S 01°38'36" W N 88°34'25" W Closure in Lat/Dep: Starting Point: Distance Error: 22.95 17.261 -7.196 Chord 12127.986 12634.621 pt 12110.725 12641.817 pc 0.568 -22.943 Radial 12111.293 12618.874 rp 22.95 16.693 15.747 Radial 12127.986 12634.621 pt 66.47 114.211 -121.112 12242.197 12513.509 76.15 -4.357 176.096 12237.840 12689.605 51.20 -151.138 -4.336 12086.702 12685.269 44.03 1.096 -44.017 12087.798 12641.252 -0.006 -0.003 12087.792 12641.249 S 26°33' 54" W 0.007 Page 1 tractB Total Distance: Accuracy Ratio: Area: 14,477 ft2 580.05 1:86,468 0.33 Acres Page 2 o~~T"Fp~ City of Yelm ~' Community Development Department 105 Yelm Avenge West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON April 14, 2005 Project Fore Barry Howard 945 113th Ave SE Olympia, WA 98501 Re: Buckhorn Estates Final Plat Application 2"d Review Comments Dear Mr. Howard: The City has completed its second review for the ahnvP rPfP_ rPnrari ~_ -,ai nlat annlir~4inn .~. r.~_ -~rr..__.._... There are still a couple of items that need further revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: In addition to the corrections required by the reviewing surveyor as marked in red/pink, we have included our comments marked in yellow. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one 11" x 17" copy, and a Mylar set for recording. RETURN ALL REDLINED COPIES. 2. There is one small change in the Stormwater agreement. You can either initial the change, or print a new page. There will be a bill for the survey review, and Jim's engineering review. Jim is out of the office until Monday, so I will get that billing for you next week. You may pay the night of City Council meeting. Please return all items to me by Tuesday, April 19, 2005 to make the April 27, 2005 City Council meeting. Otherwise, it will be scheduled for the May 11th City Council meeting. If you have any questions, please feel free to give me a call. If your surveyor has questions regarding the plat survey review, he may call Dennis Baker, Geomatics, directly at (360) 400- 5263. Sincerely, ~~~~l~T Tami Merriman Assistant Planner (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us '!r ~!GEOMATICS -~~ac~'~~".i L_ANC) SURVEYING ©Zp~~p 703 Yelm Ave. W. PO Box 2550 • YELM, WA 98597-2550 360-400-LAND ~szes~ FAX: 360-400-5264 April 14, 2005 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Second Review and Comment for Buckhorn Estates, SUB-03-8346-YL. Geomatics' Job No.: 1262 Dear Mr. Beck: We have completed our second review of the abovementioned plat map dated April 1, 2005. Attached, you will fmd the original plat map, sheets 1 - 3, with our "red-line" comments. The plat map has fundamental deficiencies. Our review requests information and edits. We have retained a copy of the "red-lined" plat map for our records. We have enclosed Invoice #378 for the amount of $382.50 for professional services rendered. If you have any questions, or if you desire addition information, please contact me. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, P.S., Inc. ~ ~ ~~- Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com Tami Merriman From: Dawn Breen [BREEND@co.thurston.wa.us] Sent: Wednesday, April 13, 2005 12:01 PM To: Tami Merriman Subject: Buckhorn Estates Hi Tami. This project looks good. Can you tell me if the General Purpose building shows up on aerial) has been removed? I do not find any destroyed property information in our records?? Please have the developer provide one for us if the building was torn down to build the road. Thank you. t..~ (~ O ~ m. ~_; 4 i C", ~~c ~~ x ~~ ~~ Hwo~ V~ ~}~ '~~~~AIE ~Q F ~ 'n w' yoga ~. G ti L n L! ~ ~ (+') Z ~"' _~ U F' W ~ ~ w U m m a a a 0 A z W w H x x 0 w ca w a 0 z x x w z H z A x x w x U m m ~ ~ z .-+ ~ ~ 0 ~ N o ~r, z m ci ~o w M u~ m m ~ U to ~'+ O x Z H M p ~ h ~ LL ,~ w .-+ 3 C a ~ ~ ~-1 ~ G,,~ v E~+ O ~` w UWH G # w a j OOH w wwa U O ttl E a H w w a x 0 ax aw ax i wu j ~H :m rn w m Ha x t7 ! o; i~ i~ ,' N is ! W cr1 i ,x Ew.., Iwo ~H i ~ U] i w ~z ,max I ~ j ~-' U ~~~ _~ a ~ ~ ~ zM j H ~ w~ i ~ m wa ,~~ r- -,~' 1 entire parcel ' ,, '~ it , ~' D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- entire parcel BUCKHORN ESTATES Bearing (POB) S 88°34'58" E S 01°38'36" W N 88°34'26" W N 01°35'28" E 635.68 329.52 635.38 329.42 -15.721 12237.839 -329.385 11908.454 15.813 11924.267 ~ 329.293 12253.560 0.000 Closure in Lat/Dep: Starting Point: Area: 209,384 ft2 Distance Northing/Lat Easting/Dep 12253.560 12054.114 Start 4.81 Acres 12253.560 635.486 12689.600 -9.451 12680.149 -635.183 12044.966 9.147 12054.113 0.001 12054.114 Page 1 buckl Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 1 BUCKHORN ESTATES Lot 1 Bearing Distance Northing/Lat Easting/Dep 11911.680 12550.743 Start (POB) S 88°34'26" E 129.45 -3.221 129.410 11908.459 12680.153 N 01°38'36" E 122.31 122.259 3.508 12030.718 12683.661 N 88°34'25" W 79.21 1.972 -79.186 12032.690 12604.475 ** Horizontal Curve: S 79°08'56" W 51.89 pc-pt S 01°25'35" W In pc-rp Delta: 24°33'18" Radius: 122.00 Length: 52.29 Tangent: 26.55 N 23°07'43" W Out rp-pt 9.769 -50.962 Chord 12022.921 12553.513 pt 12032.690 12604.475 pc -121.962 -3.037 Radial 11910.728 12601.438 rp 122.00 122.00 112.193 -47 925 Ra~~~~ 12022.921 .1.28 -111.245 11911.676 0.004 -------------- 11911.680 N 00°00'01" E 0.004 S 01°25'35" W 1 Closure in Lat/Dep: Starting Point: Distance Error: 12553.513 pt -2.770 12550.743 0.000 12550.743 Page 1 buckl Total Distance: 494.54 Accuracy Ratio: 1:123,634 Area: 15,678 ft2 0.36 Acres Page 2 buck2 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 2 BUCKHORN ESTATES Lot 2 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 11913.248 12487.762 Start (POB) N 01°25'35" E 92.84 92.811 2.311 12006.059 12490.073 ** Horizontal Curve: N 75°33'14" E 62.60 pc-pt N 04°19'04" W 178.00 In pc-rp Delta: 20°15'24" Radius: 178.00 Length: 62.93 Tangent: 31.80 S 24°34'27" E 178.00 Out rp-pt ** Horizontal Curve: N 66°08'55" E 3.08 pc-pt S 24°34'27" E 122.00 In pc-rp Delta: 1°26'44" Radius: 122.00 15.617 60.621 Chord 12021.676 12550.694 pt 12006.059 12490.073 pc 177.495 -13.401 Radial 12183.554 12476.672 rp -161.878 74.022 Radial 12021.676 12550.694 pt 1.246 2.817 Chord 12022.922 12553.511 pt 12021.676 12550.694 pc -110.950 50.737 Radial 11910.726 12601.431 rp Page 1 buck2 Length: 3.08 Tangent: 1.54 N 23°07'43" W 122.00 112.196 -47.920 Radial Out rp-pt 12022.922 12553.511 pt S 01°25'35" W 111.28 -111.246 -2.770 11911.676 12550.741 N 88°34'26" W 63.00 1.568 -62.980 11913.244 12487.761 Closure in Lat/Dep: 0.004 0.001 Starting Point: -- ------------ -- 11913.248 ------------ 12487.762 Distance Error: N 14°02' 11" E 0.004 Total Distance: 333.13 Accuracy Ratio: 1:80,795 Area: 6,298 ft2 0.14 Acres Page 2 buck3 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 3 BUCKHORN ESTATES Lot 3 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 11914.816 12424.782 Start (POB) N 01°25'35" E 91.95 91.922 2.289 12006.738 12427.071 S 88°34'25" E 45.18 -1.125 45.166 12005.613 12472.237 ** Horizontal Curve: N 88°33'16" E 17.84 pc-pt N 01°25'35" E In pc-rp Delta: 5°44'39" Radius: 178.00 Length: 17.84 Tangent: 8.93 S 04°19'04" E Out rp-pt 0.450 17.834 Chord 12006.063 12490.071 pt 12005.613 12472.237 pc 177.945 4.431 Radial 12183.558 12476.668 rp 178.00 178.00 -177.495 13.403 Ra~~a~ 12006.063 2.84 -92.811 11913.252 3.00 1.568 11914.820 -0.004 -------------- 11914.816 S 26°33'55" E 0.004 S 01°25'35" W N 88°34'26" W Closure in Lat/Dep: Starting Point: Distance Error: 12490.071 pt -2.311 12487.760 -62.980 12424.780 0.002 12424.782 Page 1 buck3 Total Distance: 310.82 Accuracy Ratio: 1:69,501 Area: 5,798 ft2 0.13 Acres Page 2 buck4 D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 4 BUCKHORN ESTATES Lot 4 Bearing -------- --- Distance - ---------- Northing/Lat -------------- - Fasting/Dep ---- 12008.304 --------- 12364.090 Start (POB) S 88°34' 25" E 63.00 -1.569 62.981 12006.735 12427.071 S 01°25' 35" W 91.95 -91.921 -2.289 11914.814 12424.782 N 88°34' 26" W 63.00 1.568 -62.981 11916.382 12361.801 N 01°25' 35" E 91.95 91.921 2.289 12008.303 12364.090 Closure in Lat/Dep: 0.001 0.000 Starting Po int: -------------- - 12008.304 ------------- 12364.090 Area: 5,793 ft2 0.13 Acres Page 1 bucks D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 5 BUCKHORN ESTATES Lot 5 Bearing (POB) S 88°34'25" E S 01°25'35" W N 88°34'26" W N 01°25'35" E Distance 63.00 91.95 63.00 91.95 Closure in Lat/Dep: Starting Point: Area: 5,793 ft2 0.13 Acres Northing/Lat 12009.872 -1.568 12008.304 -91.922 11916.382 1.568 11917.950 91.922 12009.872 0.000 12009.872 Easting/Dep 12301.110 Start 62.980 12364.090 -2.289 12361.801 -62.980 12298.821 2.289 12301.110 0.000 12301.110 Page 1 buck6 D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 6 BUCKHORN ESTATES Lot 6 Bearing (POB) S 88°34'25" E S 01°25'35" W N 88°34'26" W N 01°25'35" E Distance 63.00 91.95 63.00 91.95 Closure in Lat/Dep: Starting Point: Northing/Lat 12011.440 -1.568 12009.872 -91.922 11917.950 1.568 11919.518 91.922 12011.440 0.000 12011.440 Area: 5,793 ft2 0.13 Acres Easting/Dep 12238.129 Start 62.981 12301.110 -2.289 12298.821 -62.981 12235.840 2.289 12238.129 0.000 12238.129 Page 1 buck? D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- BUCKHORN ESTATES Lot 7 Bearing (POB) S 88°34'25" E S 01°25'35" W N 88°34'26" W N 01°25'35" E Distance Northing/Lat 12013.008 Closure in Lat/Dep: Starting Point: 63.00 -1.568 12011.440 91.95 -91.921 11919.519 63.00 1.567 11921.086 91.95 91.922 12013.008 0.000 12013.008 Area: 5,793 ft2 0.13 Acres Easting/Dep 12175.149 Start 62.980 12238.129 -2.289 12235.840 -62.980 12172.860 2.289 12175.149 0.000 12175.149 Page 1 buck8 D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 8 BUCKHORN ESTATES Lot 8 Bearing (POB) S 88°34'25" E S 01°25'35" W N 88°34'26" w N 01°25'35" E Distance Northing/Lat Fasting/Dep 12014.577 12112.168 Start Closure in Lat/Dep: Starting Point: 63.00 -1.569 12013.008 91.95 -91.921 11921.087 63.00 1.568 11922.655 91.95 91.921 12014.576 0.001 12014.577 Area: 5,793 ft2 0.13 Acres 62.981 12175.149 -2.289 12172.860 -62.981 12109.879 2.289 12112.168 0.000 12112.168 Page 1 buck9 D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 9 BUCKHORN ESTATES Lot 9 Bearing (POB) S 88°34'25" E S 01°25'35" W N 88°34'26" W Distance Northing/Lat Easting/Dep 12016.186 12047.520 Start N 01°35'28" E Closure in Lat/Dep: Starting Point: 64.67 -1.610 12014.576 91.95 -91.921 11922.655 64.93 1.616 11924.271 91.95 91.914 12016.185 0.001 12016.186 Distance Error: N 78°41'24" W 0.005 Total Distance: 313.50 Accuracy Ratio: 1:61,482 Area: 5,958 ft2 0.14 Acres 64.650 12112.170 -2.288 12109.882 -64.910 12044.972 2.553 12047.525 -0.005 12047.520 Page 1 buckl0 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 10 BUCKHORN ESTATES Lot 10 Bearing ------------ Distance ---------- Northing/Lat -------------- - Fasting/Dep -------- 12072.165 ----- 12049.075 Start (POB) N 01°35'28" E 61.79 61.766 1.716 12133.931 12050.791 S 88°23'34" E 76.50 -2.146 76.470 12131.785 12127.261 S 60°38'03" E 5.25 -2.574 4.576 12129.211 12131.837 ** Horizontal Curve: S 10°02'41" W 29.78 pc-pt S 60°38' 03" E 45.00 In pc-rp Delta: 38°38'32" Radius: 45.00 Length: 30.35 Tangent: 15.78 S 80°43' 25" W 45.00 Out rp-pt ** Horizontal Curve: S 41°04'30" W 38.50 pc-pt S 80°43'25" W 25.00 -29.324 -5.195 Chord 12099.887 12126.642 pt 12129.211 12131.837 pc -22.067 39.217 Radial 12107.144 12171.054 rp -7.257 -44.412 Radial 12099.887 12126.642 pt -29.023 -25.296 Chord 12070.864 12101.346 pt 12099.887 12126.642 pc -4.030 -24.673 Radial Page 1 buckl0 In pc-rp 12095.857 12101.969 rp Delta: 100°42' 10" Radius: 25.00 Length: 43.94 Tangent: 30.17 S 01°25'35" W 25.00 -24.993 -0.623 Radial Out rp-pt 12070.864 12101.346 pt N 88°34'25" W 52.29 1.302 -52.274 12072.166 12049.072 Closure in Lat/Dep: -0.001 0.003 Starting Point: -- ------------ -- 12072.165 ------------ 12049.075 Distance Error: S 71°33' 55" E 0.003 Total Distance: 270.12 Accuracy Ratio: 1:85,421 Area: 4,632 ft2 0.11 Acres Page 2 buckll Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 11 BUCKHORN ESTATES Lot 11 Bearing ------------ Distance ---------- Northing/Lat -------------- - Easting/Dep ------ 12133.928 ------- 12050.791 Start (POB) N 01°35'28" E 60.00 59.977 1.666 12193.905 12052.457 S 88°23'34" E 72.52 -2.034 72.492 12191.871 12124.949 S 28°33'18" E 51.47 -45.210 24.602 12146.661 12149.551 ** Horizontal Curve: S 45°24'20" W 24.87 pc-pt S 28°33'18" E In pc-rp Delta: 32°04'46" Radius: 45.00 Length: 25.20 Tangent: 12.94 N 60°38'03" w Out rp-pt N 60°38'03" w N 88°23'34" w Closure in Lat/Dep: Starting Point: -17.461 -17.709 Chord 12129.200 12131.842 pt 12146.661 12149.551 pc -39.526 21.510 Radial 12107.135 12171.061 rp 45.00 45.00 22.065 12129.200 5.25 2.575 12131.775 76.50 2.146 12133.921 0.007 -------------- 12133.928 -39.219 Radial 12131.842 pt -4.576 12127.266 -76.470 12050.796 -0.005 12050.791 Page 1 buckll Distance Error: N 35°32'15" W 0.009 Total Distance: 290.94 Accuracy Ratio: 1:33,821 Area: 5,191 ft2 0.12 Acres Page 2 buckl2 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 12 BUCKHORN ESTATES Lot 12 Bearing -------- --- - - Distance --------- Northing/Lat -------------- - Easting/Dep --------- 12191.871 ---- 12124.949 Start (POB) N 88°23' 34" W 72.52 2.034 -72.492 12193.905 12052.457 N 01°35' 28" E 59.68 59.657 1.657 12253.562 12054.114 S 88°34' 58" E 107.54 -2.660 107.507 12250.902 12161.621 S 01°25' 02" W 80.92 -80.895 -2.001 12170.007 12159.620 S 28°33' 18" E 20.38 -17.901 9.742 12152.106 1216.9.362 ** Horizontal Curve: S 74°38'21" W 20.54 pc-pt S 02°10'01" E 45.00 In pc-rp Delta: 26°23'16" Radius: 45.00 Length: 20.72 Tangent: 10.55 N 28°33'18" W 45.00 Out rp-pt N 28°33'18" w 51.47. Closure in Lat/Dep: -5.441 -19.807 Chord 12146.665 12149.555 pt 12152.106 12169.362 pc -44.968 1.701 Radial 12107.138 12171.063 rp 39.527 -21.508 Radial 12146.665 12149.555 pt 45.209 -24.602 12191.874 12124.953 -0.003 -0.004 Page 1 buckl2 -------------- -------------- Starting Point: 12191.871 12124.949 Distance Error: S 53°07'48" W 0.005 Total Distance: 413.22 Accuracy Ratio: 1:82,644 Area: 7,512 ft2 0.17 Acres Page 2 buckl3 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 13 BUCKHORN ESTATES Lot 13 Bearing -------- --- - - Distance --------- Northing/Lat -------------- - Easting/Dep ------------- 12170.007 12159.617 Start (POB) N 01°25' 02" E 80.92 80.895 2.001 12250.902 12161.618 S 88°34' 58" E 63.00 -1.558 62.981 12249.344 12224.599 S 01°25' 02" W 66.04 -66.020 -1.634 12183.324 12222.965 S 34°39' 06" W 47.19 -38.820 -26.831 12144.504 12196.134 ** Horizontal Curve: N 74°09'08" W 27.83 pc-pt S 33°51'45" W In pc-rp Delta: 36°01'46" Radius: 45.00 Length: 28.30 Tangent: 14.63 N 02°10'01" W Out rp-pt N 28°33'18" w Closure in Lat/Dep: Starting Point: 7.600 -26.772 Chord 12152.104 12169.362 pt 12144.504 12196.134 pc -37.367 -25.074 Radial 12107.137 12171.060 rp 45.00 45.00 44.967 12152.104 20.38 17.901 12170.005 0.002 -------------- 12170.007 -1.698 Radial 12169.362 pt -9.742 12159.620 -0.003. 12159.617 Page 1 buckl3 Distance Error: N 56°18'35" W 0.004 Total Distance: 305.82 Accuracy Ratio: 1:84,819 Area: 5,841 ft2 0.13 Acres Page 2 buckl4 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 14 BUCKHORN ESTATES Lot 14 Bearing -------- Distance ---- ---------- Northing/Lat -------------- - Easting/Dep ------------- 12249.342 12224.599 Start (POB) S 88°34' 58" E 60.00 -1.484 59.981 12247.858 12284.580 S 01°25' 02" W 92.04 -92.012 -2.276 12155.846 12282.304 N 88°34' 58" W 53.13 1.315 -53.114 12157.161 12229.190 S 34°39' 06" W 33.59 -27.632 -19.099 12129.529 12210.091 ** Horiz ontal Curve: N 42°59' 16" W 20.47 14.973 -13.957 Chord pc-pt 12144.502 12196.134 pt 12129.529 12210.091 pc S 60°09' 42" W 45.00 -22.390 -39.034 Radial In pc-rp 12107.139 12171.057 rp Delta: 26°17'58" Radius: 45.00 Length: 20.66 Tangent: 10.51 N 33°51' 45" E 45.00 37.363 25.077 Radial Out rp-pt 12144.502 12196.134 pt N 34°39' 06" E 47.19 38.820 26.831 12183.322 12222.965 N 01°25' 02" E 66.04 66.020 1.634 12249.342 12224.599 Closure in Lat/Dep: 0.000 0.000 Page 1 buckl4 Starting Point: 12249.342 12224.599 Area: 6,224 ft2 0.14 Acres Page 2 buckl5 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 15 Lot 15 Bearing -------- ---- -- Distance -------- Northing/Lat -------------- - Easting/Dep ------------- 12067.439 12238.874 Start (POB) ** Horizontal Curve: N 38°13' 20" W 38.50 30.246 -23.820 Chord pc-pt 12097.685 12215.054 pt 12067.439 12238.874 pc N 01°25' 35" E 25.00 24.992 0.622 Radial In pc-rp 12092.431 12239.496 rp Delta: 100°42' 10" Radius: 25.00 Length: 43.94 Tangent: 30.17 N 77°52' 15" W 25.00 5.254 -24.442 Radial Out rp-pt 12097.685 12215.054 pt ** Horizontal Curve: N 08°51' 16" W 32.23 31.846 -4.961 Chord pc-pt 12129.531 12210.093 pt 12097.685 12215.054 pc N 77°52' 15" W 45.00 9.455 -43.996 Radial In pc-rp 12107.140 12171.058 rp Delta: 41°58'03" Radius: 45.00 Length: 32.96 Tangent: 17.26 N 60°09' 42" E 45.00 22.391 39.035 Radial Page 1 buckl5 Out rp-pt 12129.531 12210.093 pt N 34°39' 06" E 33.59 27.632 19.098 12157.163 12229.191 S 88°34' 58" E 47.63 -1.178 47.616 12155.985 12276.807 S 01°25' 35" W 89.46 -89.432 -2.227 12066.553 12274.580 N 88°34' 25" W 35.72 0.889 -35.709 12067.442 12238.871 Closure in Lat/Dep: -0.003 0.003 Starting Point: -- ------------ -- 12067.439 ------------ 12238.874 Distance Error: S 45°00' 01" E 0.004 Total Di stance: 283.31 Accuracy Ratio: 1:66,777 Area: 5, 201 ft2 0.12 Acres Page 2 buckl6 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 16 Lot 16 Bearing ------------ - Distance --------- Northing/Lat -------------- Easting/Dep -------------- 12066.550 12274.584 Start (POB} N 01°25'35" E 89.46 89.432 2.227 12155.982 12276.811 S 88°34'58" E 57.05 -1.411 57.033 12154.571 12333.844 S 22°46'46" E 27.25 -25.125 10.551 12129.446 12344.395 ** Horizontal Curve: S 14°12'30" W 35.87 pc-pt S 52°18' 25" E 45.00 In pc-rp Delta: 46°58'10" Radius: 45.00 Length: 36.89 Tangent: 19.55 S 80°43' 25" W 45.00 Out rp-pt ** Horizontal Curve: S 41°04'30" W 38.50 pc-pt S 80°43'25" W 25.00 In pc-rp -34.772 -8.805 Chord 12094.674 12335.590 pt 12129.446 12344.395 pc -27.514 35.608 Radial 12101.932 12380.003 rp -7.258 -44.413 Radial 12094.674 12335.590 pt -29.024 -25.296 Chord 12065.650 12310.294 pt 12094.674 12335.590 pc -4.030 -24.673 Radial Page 1 buckl6 12090.644 12310.917 rp Delta: 100°42' 10" Radius: 25.00 Length: 43.94 Tangent: 30.17 S 01°25'35" W 25.00 -24.994 -0.623 Radial Out rp-pt 12065.650 12310.294 pt N 88°34'25" W 35.72 0.889 -35.709 12066.539 12274.585 Closure in Lat/Dep: 0.011 -0.001 Starting Point: -- ------------ -- 12066.550 ------------ 12274.584 Distance Error: N 05°11' 40" W 0.011 Total Distance: 290.31 Accuracy Ratio: 1:26,284 Area: 5,379 ft2 0.12 Acres Page 2 buckl7 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 17 BUCKHORN ESTATES Lot 17 Bearing ------------ - Distance --------- Northing/Lat -------------- - Easting/Dep --------- 12247.858 ---- 12284.580 Start (POB) S 88°34'58" E 60.00 -1.484 59.982 12246.374 12344.562 S 01°25'02" w 62.04 -62.021 -1.534 12184.353 12343.028 S 22°46'46" E 45.36 -41.822 17.562 12142.531 12360.590 ** Horizontal Curve: S 51°04'12" W 20.82 pc-pt S 25°33' 12" E 45.00 In pc-rp Delta: 26°45'13" Radius: 45.00 Length: 21.01 Tangent: 10.70 N 52°18' 25" W 45.00 Out rp-pt N 22°46'46" W 27.25 N 88°34'58" W 51.55 N 01°25'02" E 92.04 Closure in Lat/Dep: -13.082 -16.196 Chord 12129.449 12344.394 pt 12142.531 12360.590 pc -40.598 19.411 Radial 12101.933 12380.001 rp 27.516 12129.449 25.124 12154.573 1.275 12155.848 92.012 12247.860 -0.002 -35.607 Radial 12344.394 pt -10.551 12333.843 -51.534 12282.309 2.277 12284.586 -0.006 Page 1 buckl7 Starting Point: 12247.858 12284.580 Distance Error: S 71°33'54" W 0.006 Total Distance: 359.25 Accuracy Ratio: 1:56,802 Area: 6,105 ft2 0.14 Acres Page 2 buckl8 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 18 BUCKHORN ESTATES Lot 18 Bearing -------- ---- - Distance --------- Northing/Lat -------------- - Easting/Dep ------------- 12184.358 12343.028 Start (POB) N 01°25' 02" E 62.04 62.021 1.534 12246.379 12344.562 S 88°34' 58" E 66.00 -1.633 65.980 12244.746 12410.542 S 01°25' 02" W 69.60 -69.578 -1.722 12175.168 12408.820 S 36°12' 25" W 35.80 -28.887 -21.147 12146.281 12387.673 ** Horizontal Curve: S 82°07'59" W 27.34 pc-pt S 09°49'09" w In pc-rp Delta: 35°22'21" Radius: 45.00 Length: 27.78 Tangent: 14.35 N 25°33'12" W Out rp-pt N 22°46'46" W Closure in Lat/Dep: Starting Point: -3.742 -27.082 Chord 12142.539 12360.591 pt 12146.281 12387.673 pc -44.341 -7.674 Radial 12101.940 12379.999 rp 45.00 45.00 40.599 12142.539 45.36 41.822 12184.361 -0.003 -------------- 12184.358 -19.408 Radial 12360.591 pt -17.563 12343.028 0.000 12343.028 Page 1 buckl8 Distance Error: S 00°00'01" E 0.003 Total Distance: 306.58 Accuracy Ratio: 1:102,192 Area: 5,952 ft2 0.14 Acres Page 2 buckl9 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 19 BUCKHORN ESTATES Lot 19 Bearing -------- ---- - Distance --------- Northing/Lat -------------- Easting/Dep -------------- 12175.160 12408.820 Start (POB) N 01°25' 02" E 69.60 69.579 1.722 12244.739 12410.542 S 88°34' 58" E 103.00 -2.548 102.968 12242.191 12513.510 S 01°25' 02" W 60.04 -60.021 -1.485 12182.170 12512.025 N 88°34' 58" W 72.00 1.780 -71.978 12183.950 12440.047 S 36°12' 25" W 56.65 -45.710 -33.463 12138.240 12406.584 ** Horizontal Curve: N 66°59' 13" W 20.54 8.030 -18.906 Chord pc-pt 12146.270 12387.678 pt 12138.240 12406.584 pc S 36°12' 25" W 45.00 -36.310 -26.582 Radial In pc-rp 12101.930 12380.002 rp Delta: 26°23' 16" Radius: 45.00 Length: 20.72 Tangent: 10.55 N 09°49' 09" E 45.00 44.340 7.676 Radial Out rp-pt 12146.270 12387.678 pt N 36°12' 25" E 35.80 28.887 21.148 12175.157 12408.826 Closure in Lat/ Dep: 0.003 -0.006 Page 1 buckl9 Starting Point: 12175.160 12408.820 Distance Error: N 63°26'05" W 0.007 Total Distance: 417.81 Accuracy Ratio: 1:62,284 Area: 7,240 ft2 .0.17 Acres Page 2 buck20 Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 20 BUCKHORN ESTATES Lot 20 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 12124.248 12427.567 Start (POB) S 56°52'11" W 7.62 -4.164 -6.382 12120.084 12421.185 ** Horizontal Curve: N 38°47'09" W 23.30 pc-pt S 66°13'16° w In pc-rp Delta: 30°00'51" Radius: 45.00 Length: 23.57 Tangent: 12.06 N 36°12'25" E Out rp-pt N 36°12'25" E S 88°34'58" E S 01°25'02" W N 88°34'51" W Closure in Lat/Dep: Starting Point: 45.00 18.162 -14.595 Chord 12138.246 12406.590 pt 12120.084 12421.185 pc -18.145 -41.179 Radial 12101.939 12380.006 rp 45.00 36.307 26.584 Radial 12138.246 12406.590 pt 56.65 45.710 33.463 12183.956 12440.053 72.00 -1.781 71.978 12182.175 12512.031 60.00 -59.982 -1.484 12122.193 12510.547 83.00 2.056 -82.974 12124.249 12427.573 -0.001 -0.006 -- ------------ -- 12124.248 ------------ 12427.567 Page 1 buck20 Distance Error: S 80°32'16" W 0.006 Total Distance: 302.85 Accuracy Ratio: 1:49,789 Area: 5,428 ft2 0.12 Acres Page 2 buck2l Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- lot 21 Lot 21 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 12061.593 12473.636 Start (POB) N 88°34'25" W 25.83 0.643 -25.822 12062.236 12447.814 ** Horizontal Curve: N 38°13'20" W 38.50 pc-pt N 01°25'35" E 25.00 In pc-rp Delta: 100°42'10" Radius: 25.00 Length: 43.94 Tangent: 30.17 N 77°52'15" W 25.00 Out rp-pt ** Horizontal Curve: N 05°49'29" W 27.74 pc-pt N 77°52'15" W 45.00 In pc-rp Delta: 35°54'29" Radius: 45.00 Length: 28.20 30.247 -23.821 Chord 12092.483 12423.993 pt 12062.236 12447.814 pc 24.993 0.622 Radial 12087.229 12448.436 rp 5.254 -24.443 Radial 12092.483 12423.993 pt 27.596 -2.815 Chord 12120.079 12421.178 pt 12092.483 12423.993 pc 9.455 -43.995 Radial 12101.938 12379.998 rp Page 1 buck2l Tangent: 14.58 N 66°13' 16" E 45.00 18.141 41.180 Radial Out rp-pt 12120.079 12421.178 pt N 56°52' 11" E 7.62 4.165 6.381 12124.244 12427.559 S 88°34' 51" E 83.00 -2.056 82.975 12122.188 12510.534 S 01°25' 02" W 56.25 -56.233 -1.392 12065.955 12509.142 ** Horizontal C urve: S 82°59' 38" W 35.78 -4.364 -35.513 Chord pc-pt 12061.591 12473.629 pt 12065.955 12509.142 pc N 15°26' 20" W 122.00 117.598 -32.477 Radial In pc-rp 12183.553 12476.665 rp Delta: 16°51' 48" Radius: 122.00 Length: 35.91 Tangent: 18.09 S 01°25' 35" W 122.00 -121.962 -3.036 Radial Out rp-pt 12061.591 12473.629 pt Closure in Lat/Dep: 0.002 0.007 Starting Point: -- ------------ -- 12061.593 ------------ 12473.636 Distance Error: N 74°03' 16" E 0.007 Total Distance: 280.76 Accuracy Ratio: 1:38,565 Area: 5,101 ft2 0.12 Acres Page 2 tractA Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- tract A BUCKHORN ESTATES Lot 22 Bearing -------- ---- - Distance --------- Northing/Lat -------------- Easting/Dep -------------- 12242.195 12513.510 Start (POB) S 46°40' 56" E 226.40 -155.321 164.720 12086.874 12678.230 N 88°34' 25" W 72.39 1.802 -72.368 12088.676 12605.862 ** Horizontal C urve: S 78°25' 34" W 80.08 -16.066 -78.451 Chord pc-pt 12072.610 12527.411 pt 12088.676 12605.862 pc S 01°25' 35" W 178.00 -177.945 -4.431 Radial In pc-rp 11910.731 12601.431 rp Delta: 26°00' 02" Radius: 178.00 Length: 80.78 Tangent: 41.10 N 24°34' 27" W 178.00 161.879 -74.020 Radial Out rp-pt 12072.610 12527.411 pt ** Horiz ontal Curve: S 69°59' 36" W 19.43 -6.648 -18.258 Chord pc-pt 12065.962 12509.153 pt 12072.610 12527.411 pc N 24°34' 27" W 122.00 110.949 -50.737 Radial In pc-rp 12183.559 12476.674 rp Page 1 tractA Delta: 9°08'08" Radius: 122.00 Length: 19.45 Tangent: 9.75 S 15°26'20" E 122.00 -117.597 32.479 Radial Out rp-pt 12065.962 12509.153 pt N 01°25'02" E 176.29 176.236 4.361 12242.198 12513.514 Closure in Lat/Dep: -0.003 -0.004 -- Starting Point: ------------ -- 12242.195 ------------ 12513.510 Distance Error: S 53°07' 48" W 0.005 Total Distance: 575.31 Accuracy Ratio: 1:115,063 Area: 13,591 ft2 0.31 Acres Page 2 tractB D Lot Closures - Prepared using Survey/Civil Solutions for AutoCA Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- tract B BUCKHORN ESTATES Lot 23 Bearing (POB) S 01°38'36" W N 88°34'25" W N 46°40'56" W S 88°34'58" E Distance Northing/Lat 12237.838 -151.137 12086.701 0.175 12086.876 155.320 12242.196 -4.356 12237.840 -0.002 Easting/Dep 12689.602 Start -4.336 12685.266 -7.038 12678.228 -164.719 12513.509 176.096 12689.605 -0.003 151.20 7.04 226.40 176.15 Closure in Lat/Dep: Starting Point: 12237.838 Distance Error: S 56°18'36" W 0.004 Total Distance: 560.79 Accuracy Ratio: 1:155,535 Area: 13,849 ft2 0.32 Acres 12689.602 Page 1 street Lot Closures - Prepared using Survey/Civil Solutions for AutoCA D Bearing Mode Date Prepared: 4/1/2005 Drawing: platcheck.dwg Measurement Units: feet ---------------------------------------------------- street BUCKHORN ESTATES roadway Bearing ------------ - Distance --------- Northing/Lat -------------- Easting/Dep ------- 12086.696 ------- 12685.266 Start (POB) S 01°38'36" W 56.00 -55.977 -1.606 12030.719 12683.660 N 88°34'25" W 79.21 1.972 -79.186 12032.691 12604.474 ** Horizontal Curve: S 79°08'56" W 51.89 -9.769 -50.962 Chord pc-pt 12022.922 12553.512 pt 12032.691 12604.474 pc S 01°25'35" W 122.00 -121.962 -3.037 Radial In pc-rp 11910.729 12601.437 rp Delta: 24°33' 18" Radius: 122.00 Length: 52.29 Tangent: 26.55 N 23°07'43" W 122.00 112.193 -47.925 Radial Out rp-pt 12022.922 12553.512 pt ** Horizontal Curve: S 66°08'55" W 3.08 -1.245 -2.817 Chord pc-pt 12021.677 12550.695 pt 12022.922 12553.512 pc S 23°07'43" E 122.00 -112.194 47.921 Radial In pc-rp 11910.728 12601.433 rp Page 1 street Delta: 1°26'44" Radius: 122.00 Length: 3.08 Tangent: 1.54 N 24°34'27" W 122.00 Out rp-pt ** Horizontal Curve: S 78°25'34" W 80.08 pc-pt N 24°34'27" W In pc-rp Delta: 26°00'02" Radius: 178.00 Length: 80.78 Tangent: 41.10 S 01°25'35" W Out rp-pt N 88°34'25" W N 01°35'28" E S 88°34'25" E 178.00 178.00 424.85 56.00 52.29 ** Horizontal Curve: N 41°04'30" E 38.50 pc-pt N 01°25'35" E 25.00 In pc-rp Delta: 100°42'10" Radius: 25.00 Length: 43.94 Tangent: 30.17 N 80°43'25" E 25.00 Out rp-pt 110.949 12021.677 16.067 12005.610 12021.677 161.877 12183.554 -177.944 12005.610 10.576 12016.186 55.978 12072.164 -1.301 12070.863 29.023 12099.886 12070.863 24.992 12095.855 4.031 12099.886 Page 2 -50.738 Radial 12550.695 pt -78.452 Chord 12472.243 pt 12550.695 pc -74.025 Radial 12476.670 rp -4.427 Radial 12472.243 pt -424.718 12047.525 1.555 12049.080 52.274 12101.354 25.296 Chord 12126.650 pt 12101.354 pc 0.622 Radial 12101.976 rp 24.674 Radial 12126.650 pt street ** Horizontal Curve: S 88°34'25" E 88.43 -2.201 88.403 Chord pc-pt 12097.685 12215.053 pt 12099.886 12126.650 pc N 80°43'25" E 45.00 7.254 44.412 Radial In pc-rp 12107.140 12171.062 rp Delta: 201°24'20" Radius: 45.00 Length: 158.18 Tangent: -238.09 S 77°52'15" E 45.00 -9.455 43.991 Radial Out rp-pt 12097.685 12215.053 pt ** Horizontal Curve: S 38°13'20" E 38.50 -30.247 23.820 Chord pc-pt 12067.438 12238.873 pt 12097.685 12215.053 pc S 77°52'15" E 25.00 -5.253 24.442 Radial In pc-rp 12092.432 12239.495 rp Delta: 100°42'10" Radius: 25.00 Length: 43.94 Tangent: 30.17 S 01°25'35" W 25.00 -24.994 -0.622 Radial Out rp-pt 12067.438 12238.873 pt S 88°34'25" E 71.44 -1.778 71.418 12065.660 12310.291 ** Horizontal Curve: N 41°04'30" E 38.50 29.023 25.296 Chord pc-pt 12094.683 12335.587 pt 12065.660 12310.291 pc N 01°25'35" E 25.00 24.992 0.622 Radial In pc-rp 12090.652 12310.913 rp Delta: 100°42'10" Radius: 25.00 Length: 43.94 Page 3 street Tangent: 30.17 N 80°43'25" E 25.00 4.031 24.674 Radial Out rp-pt 12094.683 12335.587 pt ** Horizontal Curve: S 88°34'25" E 88.43 -2.201 88.403 Chord pc-pt 12092.482 12423.990 pt 12094.683 12335.587 pc N 80°43'25" E 45.00 7.254 44.412 Radial In pc-rp 12101.937 12379.999 rp Delta: 201°24'20" Radius: 45.00 Length: 158.18 Tangent: -238.09 S 77°52'15" E 45.00 -9.455 43.991 Radial Out rp-pt 12092.482 12423.990 pt ** Horizontal Curve: S 38°13'20" E 38.50 -30.246 23.820 Chord pc-pt 12062.236 12447.810 pt 12092.482 12423.990 pc S 77°52'15" E 25.00 -5.253 24.442 Radial In pc-rp 12087.229 12448.432 rp~ Delta: 100°42'10" Radius: 25.00 Length: 43.94 Tangent: 30.17 S 01°25'35" W 25.00 -24.993 -0.622 Radial Out rp-pt 12062.236 12447.810 pt S 88°34'25" E 25.83 -0.643 25.822 12061.593 12473.632 ** Horizontal Curve: N 78°25'34" E 54.89 11.013 53.774 Chord pc-pt 12072.606 12527.406 pt 12061.593 12473.632 pc N 01°25'35" E 122.00 121.962 3.037 Radial Page 4 street In pc-rp 12183.555 Delta: 26°00'02" Radius: 122.00 Length: 55.36 Tangent: 28.17 S 24°34'27" E 122.00 -110.949 Out rp-pt 12072.606 ** Horizontal Curve: N 78°25'34" E 80.08 16.066 pc-pt 12088.672 12072.606 S 24°34'27" E 178.00 -161.878 In pc-rp 11910.728 Delta: 26°00'02" Radius: 178.00 Length: 80.78 Tangent: 41.10 12476.669 rp 50.737 Radial 12527.406 pt 78.452 Chord 12605.858 pt 12527.406 pc 74.026 Radial 12601.432 rp N 01°25'35" E 178.00 177.944 4.426 Radial Out rp-pt 12088.672 12605.858 pt S 88°34'25" E 79.43 -1.977 79.405 12086.695 12685.263 Closure in Lat/Dep: 0.001 0.003 Starting Point: ----- --------- -- 12086.696 ------------ 12685.266 Distance Error: N 71°33'54" E 0.003 Total Distance: 1609.46 Accuracy Ratio: 1:508,956 Area: 49,441 ft2 1.14 Acres Page 5 o ~ ~ m m ~ ° D A A g ~ m __ 2 o m ° ~ Z~`c2`~e~A~e~$~'~' ~s~i ° z~ a°aa~ ~$~~ ;r4,~~~~~'zs~°caimZQa;L2ay my o m xz g c~vin ztz ~~ zc~ ~ ,0, yyQQxz ~ -~ a z c n $ ~ a gv~+~~~~a~~$~C ~ ~~ va zv~ioz~n Zy rao'~°~~ ~'~^ z ~~~~ $~ ~ ~~G~ m '~ ~. ~ g°~~S~ao~~Ki~~'4~~-~XI ;r+l`~; y"'iAizZ~°~ o im~~r!~~^i~"~~i7i•cazl"'"~Qim~ n°,'~ ~ u°r~z~~' C p ti yy y t~on 22v:~ g ~ ~ ov N ~° wN S .I. ~ Ccy$. v1y ^~ 2; 2A ~ H m2~~. av~'G nfKny '~ °n o~ ~ a ~~~~ w ` O sg$Z~~~~$rzno~i'~'~~v°Di°~ ~~~Z y~m~~~Z~ Ai r~g~~~A$$~c z• ~~~ zo~ F yy~^+°r G. Lis] ;2A°~oArDA~~~s~o y a `^.y ia~sL'~ ~ci"' ~~~^~+~~v~y~.y>~ ~ A.~ o z ~ ° j'am' '~ gm ~xS~Zra~~gx ~~T~ ~~~~~~s ~~~~aZ~xz~~4 y~;a~2~~ ~ ~a o ~~~~~~i 25 m yyy r mm2~p97 Z. y yy mA =i n~ ~ K y -~ ~~~.7755 a ~~11 G~ m cc pp S O. ~ O~.j~ ~2.t'~O.KDO oo2~^i Gp~sr 2 ~2y;y.0 ~. 1fa °a y~~Kma2a y~jAQ ~> ~ fi~ y 20000 '~ y-is ~ hZ~ y ~~ Zm O. a <Z D a__yG Z~ C~' ~irj ~ O $ N yy~ OG.S2~~~yIDy cZ Ky~-( r~~C~ ~(~_~1r~m~~c~.r~+~ Ayxm~~0y~y~CU~typyy~.~_~' -~ Qy~ O ttp~)~°1;~(•/i~(-/i~ r ~ a a. ~.0~ ~~i~ ~Z. y~'.>Z 2;f~ ~(Oj a2 O. Z. Y~1 aZ ~-YZ~ ~Zy V~ lp=Z.. Z y Z~+"i~CC. PL I mm(~y/~Za ~ r (/~Ojs~ 2 O'C ~Q O ~ ~ ~ Holyy yyC ~y~A~pAtA y p Q~ y [iJ CNC y~~o C "'{~{~~yy FFmyp~ y F ~ ~ mA 22~1~~Q PA~ 2. y~1 Iry onG ~l ~Z ~QO ~'~ ~ aZ~~~~~xZa A my~10 m~~a$i Z° Sr~~^~y°~in~Ky~Pm' t/122~A ~ <.A ~ ~ ~A~.ASQ LZ c~ N ~~ ~y a s y°~~~o ~~ ~ K~~mZ$~~i m~m$o~yc~~~~ og~<°KO b o a ,~ b ~ o czi"'$$z,~,,''~`~pozoa~ o,~ xy ~a ~y~yKZSyp~ cnyp~a'^~S+ V~Vffi ° $~~~$aAO~ ~~ ~ 'O-] ~m$$gg C~11 a ~a2aCZ0°Z°y ~fi m2~ m~y~y~A2 2~~~m V~C~~;r~~tA~2>~m2 ~J ~-i QL ~ ~ ObC ~ ~ mm~A~F~a~i~~zZ~x "~° ~ Q "'~$$yc~ $ x~~' 3`^~mz\S~~FS~~S? U! y'+ z ~ y~~Za n m~!yoi~z°"~~~z sg~ ?~~~ 7~`~~moi- ~y~~g~° ~+c~cr~i Sc~p~o ~ $$ ~ ~z~°~N ~~ vevsemc~''`~~~ ° ~ $v~i_2 ~"~ yxmriRl~,~^~r~~~~~sz$''~ ~ ~Z z c~~o-o b FFi~O~~i~~gO~maz° $ gam $ciN~~a~ ~~aa~~mv'' ~~ ~°°$$ y ~z m ~~°Ow mt2 m s- y ~a yea ~ z~$ZK" ~n ~r~ia$ ~am~~ ~~"'$~ ti z~ F m ~O'~a ~ 4 cg$F,o''~i~AZ~ v~~o goz ~~,m y;' ~ ~QQ`~ ~ ~v O c; a Ac App Z Am $yoon~~ ~:[ v~t'.i y-O>>t~Z<~ ~pAoyyO~m~+t ~~yOoAAO ~a m2 a bA. C~CA A2>n~aAAAfi~Cy'!y<>V. ^~~~_ ~~as~~j~ i2AAg=~~~~~~gC2A ~O~ ~ ~~ ~ ~~~~m $F~m ~ ~y mc~gm~ c ~m ~c~°y s~iog'ry pO~y3~m y, a m ~ u ~Gpn Am 0~~2 -1° OZ.~. yA2 $~r~y° y,}~m-f ~i~ s ~~~ ~ of N w^1 °g CoCoN $ z "~' aF~g~gi m g °$~o~" o ~ ~m zg~n ~ Z ~ a z m m ~ ~~o Vj A m ova .~17 '~ ?~ ro ~ ~m< ~o < m g A ~. x~ i A scz"Aj q] ay ° a ~ z o~ azm~ZO~~oc~m~z R ~nm ~Z07y ~ ~ y A r- ~ in ° AGO C~mO ~ O o~ ~ A 2 ~ m°;m ~ G a A O 2~ O'~ ;~OaA2. ~nv1YC~ ~ O m~ ~ rm~nza- K y o an,c - z ny ~ m ~ sc~sycara-fie Imo ~ oaa ;il >m "~OZ`~rxn ° e > ,~,~ i`~xo ~ .~ o x n ~ vu'i ma Z~aaz ~~am a~ ~ ~ a o zs N cyA i s v v~zm y ,, o ~, A_ ,~ a$ no ~ v \ m °~~ -'~. a oz N~f~n~^~ ~ ° < ° ~pOy o $ ~ ~ r ~ yin z~~'+oFa$=m~vic~im + z I z° '~] ~-r ti° ~~ ~ ~ a ~ ~ o~~ r~ n A ~ am zOCaig~nZ~ Aavrz.,$ O ~ ~ om~ ~ ~ Am ~'zaaAm o iy C x z°yg ~ e ~ ° ~^~ `~' ", mp2Yr~,mOtFify~2~°~' ~ ~~ ~ ~~' mr~~ a z n s yc~oo ,, s z ° ,a''I I ~~; ~ ~, c ~ Aoy~° z am < '^ v ~ n ~' ~~ o a m$ <~i~ om m x yz ~~ m '~- ° ~°ma y y ~ -,a c mma -c a g C~ e ~ z < a° ~ ~~ v~arnz~ ocm °"~ N I ~mm a ~~ ~ ya°ZK ~ a a Ko z y g g ~~ o~ °o ay'z~oFza v ayi co x ~ y1 za am °~ r.Ai '~~ ~ zo ~ mo °z- Ka ~- v m N i m om x i s v, - y; ~ '' ~ h n y °O° ~cnyyo~"~oZ~,' Z e m N4 oo'^e'' Uj '' $ amm-AC i y a ~.v "~ ~ o~o~ m'^1~i~"^°+~,~~o b fo ` J v p$~m $`°_ z~a v, ~ v, ° amp Azm~-`no•'na~,A l=] N~ 2rA,~~'o.~ C". Z ~ n vycnv ~ CZ .~' y y c°n ziZrnv~yoa~~n r~+~^+ b 'O ~ `^v n ~ s ~'1 ~' ~-~ ~ `f'~ n ° ~ ~ $ .n ~ ! ~: ,g ° r s ~ a' chi r "+ " '- 1T n ~ m~mg> [~ ~ cn o~~~ ^' a ~ izy$aao~~i~ovw ~ ~ vl A y Ir ~ ~ ~ ~ ~ O ° m oy o~z' ~ m ~ ~~ ~ ~~ a ~ a ~~~~ ~ ~~ x ~ ~nZ° ~m~x y ° Oy; ~ ~, ~ $~mA ~ !~,, z c <a m~mmcnC O ~n Zz mam'.~l ~ ~i zx~ y '~i°, z c"'gi"~A~`[!~",,'zy ~ ~ v ~ °mAoo~$ ~ i ~' m ~o~g K b a x m~in~i~AV~~7yZOm > x r- yC~~ll ~ IJ ~y D N2q~ ~ y O ~ ~~~~~xO Zc~i '~Z A ~ ~ L ~ 22 g z C:] 2 a v"'i ° a ~t:]i ~ n ~ a o- o o,,, ~o ~ r~J1 ;my$„~ :i7 i ~ v a`m",~,~v ~ ~ > nmmA~~xm~~2 ° no A~ a ~o$ °ao =m~~A~<° ~ ~ mxmn'a7' '~+ ~ '^ c~mmo~°~ ~i~~ v1 .w.,.N..~- s"~yz~n y ~'°"F'~~~ii ~ m°n g~~m~ZC~'iA~g~ ~ t~ ~~o I/1 °mcz~`"can trJ ~y4 ~~4. a 'n~o e'o~A~x'"'""'0"5`5'0 a n 2~. ym v j •O i 0 "~ n~ Dmm(n~AA y°oA ~ ~NCnoo m,~g.. y ° mNn g O°~AZmnA c~ ,K ~Z ~ Dyz~~ ~s~~t~.~ ~'~' rAi ~ u' Z~iniavair ~ ~ ~ r ° ° y vZ~~_g o ~0~„~9 .,r ~ ~ ~ $Ag m axayoZa$ 05 ~ vnioA~z rti~'~GTOM ? _ ~ 2 ~ $ sa~^yZym{_,,v' zv_f b ~ytn2 .. ~ ^~ < ~m AA '~' A° ~ O ! m ~2 a ° -ti D _+ yy ~ n x- m t m r.~ c~ m n c1 m n z ~ ~ m ~~o ~ a~ ~ yky y a< ~ x ~` ~ k ~ x !3~ V~ ~" 0 n O ~ ~~ O m~ O O O ~ O 'b Z ~p b ~ O .~ Z 2 ~+Zf Z ~. C~ ~ ~ 0 m ac n ~~ ~ ~ .'Tl ~ ~ ~ ~ o i O G] '3r 1 O < ~ ~K~C ~ F~~ ~ a ~~ n ~ ~ Q m > ~ ~ ~ tJ1 ~ ~ ~ m ~ ~ o~ ~ ~ ~ o a ter _ ~ ~ ~C r o~ m Z _~ r r ~ m ~ a ~~ $ y N ~~ ~ _~ ~ i ogo ~~p I I I i O 5 ~ rn N ® ~~ G OD ti O N Ti 22 ° cA a O O ° C z cy ,y ~ ~ ~i c„2~A~ $ 2 0,~, a ~ ,~. s s s o ~ ~ ~ Z o a va, Q, ~Z ~, a ~, $ $ CC//~~ ~ V ~ Q ~ y C ri`° ~ W ~ L~ ~ ~ $ 7ci o D m re. ~ w- y~ a~ H ~ g g g $ x y ~ >~ .a4r ~~a • g ~ in Cj p ~ °~'~a~' ~ o ~ ~` v ~ r^ A ~ = C)~ ~ W fTi ~ ~ N W '~ ~°~ o g~~ ~. ° ~~ ~., ~ u A A m g = ~ a -___ ~_~ o g~ c x ~ ~ ~ ~ ti>• y "ul o L~7 Pi o < ~ ~ c ~~~y c ~ L=J N A I° ~ ~ D }Z7 ~ Z ~ rQQQppA+IAS O m ~Zy ~ ~m~ mA A ° N~~ W ~ ooh ~ ' m °s ~~~ IA < CZA ' ~~m ~ O m~~ $°AS ;~ v~~ ti ~m~ -+~s D =m =mp~ m ; m A~XZ2D °g~~ A j Z A C~ m O ~ ~ `N C r umG7m RIN b N v J O p w cn~;afro '~ O p ~ O r ~ ~p~ZONm ~-. A Z O m C 0 O ~myA~N gm~°og c go~~NO ~c ~cZi~zsF "~~ D Z O O~ E ~~o°J°-~ ~~c$~~ g HgAm ~N~~ ~m u~ n Z C, 0 00 ,~' ~ J O 5 ~^ nt N i o ° ~ UI ~ f 7[ ~~. A `~ ('~ !b ti N, ~ ~ A ~x U X = .-. r oti b f ~ A.~ ~~m~N~ m ~ -1 ~ N.....N ~.. N '$ o ~~~ ~ tt~...yyy W ~' y `1 2632.83' - - N01'26'03"E - _ _ _ 2832.83' - g ~ ~ 1318.41' 1318.41' S0128'03`W ~ ~ ~ ~n ~~ s W 125 S ° c~ ~ c ~p~ a ~~ ~ u1 g~ AN W N s ~ U DA W L ~ ~ N Z ~ C g~ N W ~N W ~ ~~ J g ~ - NOT32'20"E - N01'32'20"E ~ 1317.24' ~" - --s- ~ w ~ 658.62' 658.82 w c ri Z ~~ ~~ ±u k' cn W N I ~IN ~ m WI m f I w n n C~ v N01'35'28"E 329.42' g r° ~ ~ ~! 658.83 ~ ~ = c i-. 329.42" ~ c ~ ~ ~ I rn I~ a cn ° ry I g: v ~ij g~ W w u ~ w rn >~ n yAlsJ A ~ n ~ ~ ~ ~ m ~ W ~ A W ~ C 1+ MOUNTAIN VIEW ROAD SE m F ~ ~ ~ ~ ~ W 1318.08'- _ 329.52' 3 g g z - -659.04'- 328 5 ~ - S01'36'36'W 2636.1-`6 -- -_ _ _ _ _ 2_637.08' g\ W N0138'38'E ~-^~ S01'38'38'W !n c ~ '„ ~~ cz°w~ ~~ I z~°cl~] W ""~ ~~°~, ~ m ~ ,lzJ N ° [/~ W _ ~ '~ (~~ og. fc~. ~_'W DA w~o~ ~" I arc M [~A] DCAC Ax'NIIr ~ AIOT gW ~ os~ ~lDO I G Z O N f C eb I ZFI pOp r A N ~ ~2_1 ^~ ~ ~ ~ J C m , 1 I N O O N~ Z O Z O A S U U Cl°1 m m A ~I ° O N A m ~~~ ~ NmS^ '~^X'X m_vo ""g I m~ ~~ ca'u ~o zJ ~O~ CJO 07N ~_sg y ~mN I wn_N Z AD..I~J ~NJ og s~ I ~ c ~ ~9 A - - N0124'44"E !~ n 2579.83' - - ~ ~+ ~ W r~ ~~m ~°sZ°~~Ki ~~~~cZo g~~ ~~~~~~°~ Nam s g ss~ N ~fGN1. y~~=.prZZZ=~Qm~g ~ n~ vp°p.'+1 g p ,ns~ ~ts{1~ ~Fna=ZS~ ~'~ s ~x ~ O Ir+1 ~s i Vim' ~~N~~;sc$cp~~f b o `3N b ~. ~~~ _~~ ~92C~ZZm ~ o ;± O I.a $~a wX1 Z°o~~oS~~ ~;o ~;, i1 v;rsi ~m Q y NGw g~.C7 ~°Z j(A ~2 ~I ~~~1 'A O } ° ~QQ~g ~~~~~~~d~ ~ °o; ~~ Sr$ w~~~~~om n gm ~w' ~~Kp{~ ~~ ~~ ~~ ~~OS #y ~W Z ' b ~ W O Vl a H~ C Z 7 y O H ~ I y ~ ~0~.1 J o ~ ~ z ~ ~ ~ ~ ~ x T~ ~/ VL tV ~ f-+ \ a ~1 1 O ~ ~-i ~y~y- 1.~- O ~ rn ~ o - m ~ A A O mmpg A__a _ V x. ~.. ~ - ~ ( ~ ~ ~ ~ I ~ ~ A ~ g ~ 0 06 ~ ~ ~ - N C '~ ~ ~~~~ o V1 ~ ~ C V ~ C - A p o z g c c ~ ~ +~~ rv O y ~~b ~ N~~ - AI Oom m ~ A o a=~< mOv It` ~` c?A.'b ~ ~nm ~ o ti 7 A=v~ ~ pAD ~J N ~~c ti ~~~a ~~~ -- =m~ m m ApnpmZ<A nGn~~A ozmcc~ v~~`C^Cm~ NID ~~+IWN ~m~o~~ b CpmADD ~J ~m~~mm n g~~~ss ~ oo~yv~~ `0 c~-~CGc Z ~o~aSS FA~A~~ vDiAgcmi22 ?~, o!~ z~~A z v! ~~9eZy° C ,,°zz"5o~~ C CHU~W ~~~~y Oo"i~Gf~ +ZNS~ N ~~ N z R N 2 ~ ~ N 4i U a Q F 0 N m o~ oz m N ~m asgo ~'~v\ 3- ,,~~cg~ ~~ Gs~ 9 I ~AieN ~~ ~~ O mA0 V~ Od L ~ ~A O ZN Z~ m ~ a ^~ ~ ~c~ _ M 0135'28'E 329.42' la r~ 4 ~ a b ~_ N 0175'35 91.95' q 8 ~ N i~ 8 ~ ~ V ~_ N 0175'35 91.95' ~". a o ~ b O O ~_ N 0175'35' 91:95' f" ~ ~ N q _, N 0175 35'1 91.95' 3 w A ~ ~~ 97.95' W S b a a I N U V I 10 a ~'J I$ I N 0175'35 E ss-oo- Ig I ~ 0"~ a~ N~ # U 'p ~ N I$ ~~~IN w ,~N. C a... N ~ N ~~ l~ ~'- I I mz Up~zelp cQcQ w ~ W U ~1~ ± ~ ~ ~ J N ~~~ ~ ~ i AO~p~ ; ~- as~w z~ ~ ~ v i cars N eS . `..CZ ~N ~N NC CO~OU O y pQ~.. V m .a yDj ^ WCY;=~ v 2y~. ~. 2 n1 . N ~ g 468 o ii O m ~ ~ A N~~ ti ~Up ~b~ ~~ a ~ F ~v2 ~~~ a ON < W A ~ 80.92' ~ ~ v ~ S 0175 02"' - n o ~~ 7 ` ~ ~* J Z~ i 88.04' S 01750: e „ O a ~~ 92.04' 50 1 b 13 ~ i , o i ,~ I ~ ~ N 017_5'35"E ~ Z ~ 68.00' I S ~~ ~;~ ~~ a Lip `~J I °_! ~ 810~i N ~ A 2 ~ u n1~w~w ~a . ~° - ~". - 150.00_ A $ - ~- - , O w 017535"W ~ b ~~ u'y N 0175'35"E ~ F ~ ~ ~ ' 92.84' N / ~ ~£ yZ N F ~ ~ N 58.26' ,~ 60.00' 60.04' rn r OS $ ~ ~ 1 w w i0~ 05~ S 0175'02'W 176.29' ~ / ~'~ N 0175'35"E ~ ~~i 111.284~Z N ~ p 1 ~ m~AO ~+ ~~ U A y~ ~o ~a\ ~ 9 'Z ~2 O c~ ~.N`" ~g ti ~ ~ O ~ aS~ y > 1 ~ Z S D ' il . O ~ ac [s~ S o Z~~ O ~ • # Z U ~ n ~ ~ C ~g 2.. q'C.~ C ~m y ~~ ~ _m U A ~ ~ b O z pP m~S h CAW ~ AVK ~ H a ~ N ~ U W V ~ H ~ N N v O Z O r A ax~zgo ADi ~O~ mDOO~o ~a~ $\ ~ ~ S 0175'35`W ~ 0~ 9tib ~ zv~e~-W ~n o ___ a m ~ n`~ivc`~i~,r-T w ----- 150.00 -- -- ~C ~.• 04 0~ N m~~ag4~ +NO eS~~N~ a T'0 y ;x ~~ ~~ '~~°O1•ocn A~~WIVO U O v OAS Z 2~ ~ b A2A ~fV O a N n~irzioos~ p ~ I!O ~': u m wl ~~ 74 V ~~ ~Ay N I ~ ~ ° ^I A2b~A 1 _ m N ~$IN ~ b ~D ~ z A NC~] 122.31' 28.00' 28.00' 1 - ~ - r 151.20' S 0139'48'W W 329.53' PUT CERI1FlCAlE EXCEP110N ~ 1977.12' a D o $ s c 940421027? i ~ Q'J r ~ o ~~ x v z ~ _ ~.. "~' ` ~ ~ w m 5 ' ~ O~ m ® ~~~ o n y ~ ~ z ~ ~ rni ~ ; ~~ u F m; ~ ~ ~ D ~ oo I W ~ P'1 ... O ~. <O 1~ W `MJ ti '~ r a g ~ ~} $ ~ n -n s ~ _ D r oN b D A ~ r=i ~7 ~ m rn v' W D O IW ~ ~ ~+~,j1 OUgb odd~twi~d0 q(Wnq O~~~+{{oNio~~dN ~0,1j0000o~oi W(~(~ VVtN~Wa#N Nt_nNWap~(~4 GigfAa+f~_da64WtaJ1 `~'QOjd W$s 6laaaa~~R ~0p0p PNaCO (U(wwgO NG~(n :•o(,~a fNA..~ O,.a lN.b UO ~+N CUU~++ #: 4iNNN N000 ~00 .410 o/W.tlr GV1W ~ObCpY ~ •~ N~ •o~-.WOW N~o~oimN 0000. N.Af 0 =g ~D S~ ;~ w ~g o i A t~ 1 r+1 H Z inZ,r~ ~~\' ~ms ~~~ O ~y~ ~~; av~_i~ a ~A~ ~~O 0 ~ma b nl y 2~~ ~~~ W ~1N eV ~mgd O D 5 O >~ <O O ~F~ w ~ V~~ ~; VI ~ ~~ ° ~~ e ;~ y~~ 2 p~p~ 2 y o b ~ ~~y O ~ y O ~ '~ `y ~ `~ ~o ~~ ~~~\o ~~~~ ~~ i ~ ~~-I r n ~ ~ ~ ~ y O ~ ~~ ~~ ~ 4 ~~ ~ ~ k 7.y $ =N b s z ; ~' V ~ H~ ~~ ~~ ~g b~ i; ti D y N 2 n v 150.31 179.21' c oA ~ ~ 18 [y e ^yJ ~ N 0139'48'E 2636.14' S 0/38'38'W 329.52' ~ ~ ~ ~ ~[OUNTAIN VIEII ROAD SE ~ ~ ~ ~ ~ ~~~ ~a~ c~c~oc~cfc)~c~~c~cAic~nn~n c~ NNNNNN nn`~nnnnnn ] i-rr-rri-i-~r- n Ua WN~+O bm V~li~a WNrp~o OO VO~t7raWN" d -~~~~,-~~~ g OpV 0l fii#Wb~Obh VONa WN"' ~ Utn qq S NbV.V NNVCai~yaii yaiiH,4ai~~laii tai~tai~taiiNN}lifn lnOOq N NNpOp~QoNNpW. 2' ZZUl v~vl ~//V1Z Zv/{e~V1 V12 V1VI VIH 800SS0S gg$$g$gggggg8$$gg$. a °~yr~,1~~~&Naac~rffiNaa~~,1~~~ayoy m b+~~NNN T.~~. O~~~. b~bW G4~ IV t~j.+NN+ (~# {~(~p 'O 9' y N rr~+W~+~NNN NN~WNNN Nt~aaa ao~.o~r" ~~uu~ ;(J,UIq~W+g0~40:~v~(.~b N1'~NVCa!o, mc.WOV-., n~cmccn, Saww4~+P~?+'~ Ngb~D ~O~VNNV OmboiW VNW bbbb00b ~. ^+F ^+^~~EFF~^'~n ~~r~~mn~r.~ r ~o wa,. ooo~NCa-;~o ae aeonioufaaaa_~.~z ~' b N 62.04' S 0175'02 b s~ W 69.60' O~~F THFp~ City o f Yelm °' ~' Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON March 28, 2005 Project Fore Barry Howard 945 113th Ave SE Olympia, WA 98501 Re: Buckhorn Estates Final Plat Application Review Comments Dear Mr. Howard: The City has completed its initial review for the above referenced final plat application. There are items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: In addition to the corrections required by the reviewing surveyor in his letter, we have included our redline comments. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one 11" x 17" copy, and a Mylar set for recording. RETURN ALL REDLINED COPIES. 2. When the home was connected to City water and sewer, the sewer connection fee was not collected. Please provide a check in the amount of $2,914.00 for the sewer connection ($2,769.00) and inspection fee ($145.00) for Lot #1. 3. Add the following text in #2 of the Agreement Waiver of Protest and Special Power of Attorney "The extension of frontage improvements, water, and sewer along the northern portion of Buckhorn Estates." 4. Sign and notarize the Bill of Sale and Warranty Agreement. 5. Please reprint attachment A of the Stormwater Maintenance agreement to assure that there are 1-inch margins on all sides of the pages. 6. Please provide the original Title report for recording. 7. Please make corrections as noted on the Covenants, and provide a clean copy for recording. Be sure that all documents have a 1-inch margin. The plat maps will need to be sent back to our reviewing surveyor for a second peer review. Please return all items to me by Monday, April 4, 2005. If all the redline items have been addressed, we will tentatively schedule this before the City Council on Wednesday, April 27, 2005. (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us If you have any questions, please feel free to give me a call. If your surveyor has questions regarding the plat survey review, he may call Dennis Baker, Geomatics, directly at (360) 400-5263. Sincerely, GG~ Tami erriman Assistant Planner March 28, 2005 Page 2 of 2 `r ~G EOMATICS ~'-~,~~,~~i l_ A N C7 S U R V E Y I N G ©2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND csZes> FAX: 360-400-5264 March 25, 2005 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: First Review and Comment for Buckhorn Estates, SUB-03-8346-YL. Geomatics' Job No.: 1262 Dear Mr. Beck: We have completed our first review of the abovementioned plat map dated February 16, 2005. Attached, you will fmd the original plat map, sheets 1 - 3, with our "red-line" comments. The plat map has fundamental deficiencies. Our review requests additional fieldwork, information and edits. We are also requesting that the plat map be re-reviewed upon resubmittal. We have retained a copy of the "red-lined" plat map for our records. We have enclosed Invoice #375 for the amount of $595.00 for professional services rendered. If you have any questions, or if you desire addition information, please contact me. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, P.S., Inc. ~~~ Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveyi ng.com ~-~!'-'GEOMATICS .~Z!'+~!i LAND SURVEYING ~ 02000 703 Yelm Ave. W. PO Box 2550 • YELM, WA 98597-2550 • 360-400-LAND ~si6s> FAX: 360-400-5264 Mazch 25, 2005 Mr. Kevin D. Bluhm, PLS Bluhm & Associates Land Surveyors, Inc. 1068 S. Mazket Blvd. Chehalis, WA 98532 Re: Buckhorn Estates Final Plat Application Submittal Map dated February 15, 2005. Geomatics Job No.: 1262 Dear Mr. Bluhm, PLS 29269: You have calculated the whole section from Eddie True, PLS 24227 (albeit you do have anomalies). For your Basis of Bearing you have inversed between Mr. True's Southeast Section Corner and a road monument. The road monument was utilized by Mr. True to determine the centerline and right of way of SR 510, which his survey was bounded by. The road monument has nothing to do with your boundary. Mr. True's Record of Survey did not show the bearing and distance of your Basis of Bearing and your plat does not have enough information to calculate it. In fact, your plat map does not tie the road monument into your section except by your inverse. You located Mr. True's survey monuments at your south boundary corners and James Keyes' (LS 16210) survey monuments at your north boundary corners. Using Mr. True's section information you have calculated that both surveyors' monuments are out of position by about ahalf--foot to the West. This finding begs the following questions: • If you find that Mr. True's monuments aze out of position, how can you trust his section work? • Have you done enough section work to determine that Mr. True's and Mr. Keyes' monuments are out of position? • For what surveys were Mr. True's and Mr. Keyes' monuments set? • Are you accepting Mr. True's and Mr. Keyes' monuments? This Final Plat Application Submittal Map has fundamental deficiencies. I will be requesting that the Development Services Director for the City of Yelm, have the plat map re-reviewed upon resubmittal. I am looking forwazd to seeing substantial improvements on the next version. Respectfully, Geomatics, P.S., Inc. Dennis Baker, PLS Director d rb@geomaticsla ndsu rveyi ng.com vwvw.geomaticslandsurveying.com CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 A.L.T.A. COMMITMENT SCHEDULE A Order No.: 2037151 Customer Number: HOWARD PLAT CERT Buyer(s): BARRY HOWARD Title Unit: 00142 Phone: (380)456-7878 Fax: (360)456-6776 Officer: OLYMPIA TITLE DEPARTMENT Commitment Effective Date: FEBRUARY 22, 20(15 at 8:00 A.M. 1 . Policy or Policies to be issued: ALTA Owner's Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: BARRY HOWARD Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $0.00 Premium: Tax: Amount: $200.00 Premium: $ 200.00 Tom: $ 16.80 Amount: $0.00 Premium: Tax: 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: BARRY HOWARD, AS HIS SEPARATE ESTATE 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT COMMA$0412 CHICAGO TTTLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: 2037151 Your No.: HOWARD PLAT CERT LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) PARCEL 2 OF LARGE LOT SUBDIVISION N0. LLS-0437 AS RECORDED IN VOLUME 3 OF LARGE LOT SUBDIVISIONS, PAGES 150 THROUGH 153, INCLUSIVE AND RECORDED UNDER RECORDING NO. 8708060055; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THURS70N COUNTY BY DEED RECORDED UNDER RECORDING N0. 9404210272; IN THURSTON COUNTY, WASHINGTON CLTACMA6/RDA/0998 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B order No.: 2037151 Your No.: HOWARD PLAT CERT Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefft funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed bylaw, and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, other utilities, or garbage collection and disposal. G. 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. H. Water rights, claims, or title to water. I. 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 of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTACOMB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) prder NNo.: 002037151 Your No.: HOWARD PLAT CERT SPECIAL EXCEPTIONS A 1. 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): H D a YEAR: 2005 TAX ACCOUNT NUMBER: 21713310101 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 85,450.00 ASSESSED VALUE-IMPROVEMENTS: $ 137,600.00 GENERAL & SPECIAL TAXES: BILLED: $ 3,008.17 PAID: $ .00 UNPAID: $ 3,008.17 2. ASSESSMENT: AMOUNT: $ 7,292.60 LEVIED BY: CITY OF YELM FOR: WASTEWATER TREATMENT FACILITY L.I.D. NUMBER: 1 ACCOUNT NUMBER: 21713310101 CITY OF YELM ORDINANCE #607 RECORDED SEPTEMBER 3, 1998 UNDER RECORDING N0. 3176833. 3. LEASE AND THE TERMS AND CONDITIONS THEREOF: LESSOR: BARRY HOWARD, D/B/A PROJECTFORE LESSEE: RONALD HAMBLEN AND SHARON HAMBLEN, HUSBAND AND WIFE FOR A TERM OF: 24 MONTHS AND POSSIBLE RENEWAL RECORDED: MARCH 04, 2003 RECORDING NUMBER: 3508496 SAID LEASE MAY CONTAIN AN OPTION TO PURCHASE IN FAVOR OF THE LESSEE. CLTACMBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) 4. LEASE AND THE TERMS AND CONDITIONS THEREOF: SPECIAL EXCEPTIONS C J E F G L LESSOR: BARRY HOWARD, D/6/A PROJECTFORE LESSEE: RONALD HAMBLEN AND SHARON HAMBLEN, HUSBAND AND WIFE FOR A TERM OF: 24 MONTHS AND POSSIBLE RENEWAL RECORDED: MARCH 03, 2003 RECORDING NUMBER: 3508497 SAID LEASE MAY CONTAIN AN OPTION TO PURCHASE IN FAVOR OF THE LESSEE. 5. IF THE PROPOSED INSURED IS A MARRIED PERSON ACQUIRING TITLE AS HIS/HER SEPARATE ESTATE, WE WILL REQUIRE A DEED BE EXECUTED BY THE SPOUSE OF THE PROPOSED INSURED TO ESTABLISH SEPARATE PROPERTY. A DEED FROM THE SPOUSE WILL NOT ELIMINATE THE REQUIREMENT THAT BOTH SPOUSES EXECUTE ANY NEW MONETARY ENCUMBRANCES TO COMPLY WITH THE AUTOMATIC HOMESTEAD PROVISIONS OF RCW 6.13.060 IF BOTH SPOUSES INTEND TO RESIDE ON THE PROPERTY. 6. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON LARGE LOT SUBDIVISION N0. LLS-0437 RECORDED UNDER RECORDING NUMBER 8708060055. 7. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: RECORDING NUMBER: prder NNo.: 2037151 Your No.: HOWARD PLAT CERT THURSTON COUNTY APRIL 21, 1994 9404210272 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: PROJECT FORE BARRY HOWARD AND: YELM COMMUNITY SCHOOLS DISTRICT N0. 2 RECORDED: JANUARY 6, 2005 RECORDING NUMBER: 3700860 REGARDING: SCHOOL MITIGATION AND COSTS RELATED THERETO CLTACM$2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Order NNo.: 2037151 Your No.: HOWARD PLAT CERT SPECIAL EXCEPTIONS 9. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: BETWEEN: CITY OF YELM AND: BARRY HOWARD, PROJECT FORE RECORDED: FEBRUARY 22, 2005 RECORDING NUMBER: 3710562 REGARDING: LATECOMERS AGREEMENT FOR WATER AND COSTS RELATED THERETO. END OF SCHEDULE B CLTACMB2/RDA/0999 CHICAGO TITIrE INSURANCE COMPANY X315 PACIFIC AVENUE S.E., OLYMPIA, WA 986()1 (380) 46~787b FAX TITLE 4D3.1465 ESCROW 456.6776 FAX COVER LETTER Date: ~-- -7 - o ~' Attention: ~,~,,,~ RPnrPePntino- ---r----- ----c- FAX Nwnber: -7GS -- ~f~ 38 Number of pages, including cover sheet: ~~l l ~~ ,~ ~ ~ ~ ~ v -~ , ~~ ~ ~,- ~ ~~ ~ c FAX Sent by: MARK Please call if yott do trot receive all pages of this transmission '[1~e tnat~~rials rnclosext with this facsimile trancp~ission arc private and ccmfida-tial and are rite propetry of the sender, Tlie infotmatiau in the material is privilcg~xl and i5 iuten<Itzi only for use of tl~c individual(s) or ®tity(icc) named aMovc. Ifyou are not the intEVdtxl ra:ipient, be advisal that any una>,uhori•recl disclosure wpyiog, distribution or the taking of ;my anion in rdiauce nn the cnntptts of tLis infvtmation is strictly prohibirai if you have r0.pv0d this Iacsiuule tranctnissian in tor, Tease notify us ittmtedialcty lry tdepttone to arrange for return of the forwardal docutnwts to u~. nnr~• nnvn~nn rORTrRtAOP PVC ar:nt: enni iinicn CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC' AvF' tiF' k p.lA, OLYMPIA, WA'MSOl FIAT CERTIFICATE tJrdrr No.: 2037151 Certificate for F"tiling Proposed Plat: In the matter of the plat submittCd for our approval, this Company has examined the rrcords of the C:~~unry Auditor and County Clerk of TFit7RSTON County, Washington, and the records of the Clerk of the li niteJ States Cnurts holding terms in said County, and from such examination hereby certifies that the title to tlae f'ol{owing described land situate in said THURSTCN Cvunry, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED 1N: ai+i~ic: rivriiuu. i.~ n~ ~ na~:%ii:.~c e,-i.-n EXC1:P'TiONS: SEE $CiiEDULE B ATTACHfiI) CHARGE: 5 2 0 0.0 0 TAX: $16.80 Ru_ords examined to at e : o o AM sy ,~ . MARK A KARJALAHT Title Officer (3601456-7878 ruxxrn/ewn/cs~ ....... ......n ...n nne~no~nnn VVl n0•nT CAA7/lA/PA CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Contiaued) Order No.: 2037151 LEGAL DESCRIPTION PARCEL 2 OF LARGE LOT SUSD2VISION N0. LLS-0437 AS RECORDED IN VOLUME 3 OF LAAGB LOT SUBDMSIOtr'S, PAGES 150 THROUGH 153, INCLUSIVE AND RECORDED UNDER RECORDING N0. 87080600551 EXCEPTING THEREFROB2 THAT PORTION CONVEYED TO TtiURSTON COUNTY BY DEED RECORDED UNDBR RECORDING NO. 9404210272; IN THUB.STON COUNTY, p7]e,$HZNGTON rtATCtttt./rtn~lw9s ~~~z ~nTr• nnv~iTZS'~- ~ OOATOAI~AOP VV] 1C:AT enn~iln~rn CH[CAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEY?UI-E B Order No.: 2037151 This certificate does not insure against loss or damage by reason of the following exception-t: GENERAL fiXCFPTIONS: A. Defects, liens, encumbrances, adverse cleans or other matters, if any, created, fast appearing in the public records or attaching subs~equeat to the effective data hereof but prior to the date the proposed insured acquires for value of ra:ord the estate or iater~st or mortgage thereon wvared by this Commitment. o D SRh~ a .,. ,•t~~M< nF nH.+;ec ;n rxn~C.tstoa not shown by the public records. (';. Enaoaehmcnts, overlaps, boundary line disputes, and any other mailers which would be disclosed by an accurate survey and in_apedion of the premises. D. Easements or claims of ceaements not shown by the public records. E. Any lien, or r'~ht to lien, for contributions to employee benefit funds, or for state workers' compensation, or for servicc:~, labor, or matertal heretofore or hereafter furnished, all as impatcd by law, and not shown by the puhlic records. F. Lien., under the Workmen's Compensation Act not shown by the public records. Ci. Any service, installation, connection, msintenancc or construction charges for sewer, water, electridty or gazbu~e removal. H. General taxes ant now payable; matters relating to special assessments and spccYal levies, if arty, preceding or iu the same becoming a lien. I. Reservations or exceptions in patents or is Acts authori:dng the issuance thereof, Indian tribal codes or regulations, Indian treaty or aboriginal righ[.c, indudir-g easements or equitable servitudes. J. Water rights, claims, or title to water. K THLS REPORT 1S ISSUED AND ACCEPTED UPON THE UNDERS'TAl~'DING THAT THE LIAB~Y OF TFTE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS(Sl(yJO.(lfl). rrr+rcars~w~~~ .,,,,.~, ~-rrrr-rw~.v~ coarrafnoo vv.r ir~nr ennzi~n~rn CHICAGO TITLE ~S[JRANCE CONSpANY PLAT CERTIF+lCA'~ SCHEDULE B (Cc~nttnued) Order No.: 2037151 E?CCEPfIONS 1. GENERAL AND SPECIAL TAK$S AND CHARGES, PAYABLE FEBRUARY 1S, DEL=NQUSNT IF A FIRS? FIAI,F (7rTFAID OpMOUNTS~ DOENOTDINCLtiDBEIINTB~ IAND PENALTOIESNOVEMS 1 aF THE TAX YEAR 2005 YEAR: ?1713310101, TAX ACCOUNT NTJMHER: 170 LEVY CODE: g 85,450.00 ASSESSED vAi,Ug-I,.AND: 13,600.00 ASSESSED VALUE-IMPR0~1E~T5i $ GSiQERAL & SPECIAL TA7CE5: H 2. ASSESSMENT: C B AMOUN2: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NZ?!'ffiER: BILLED: $ 3,008.17 PAID: $ .00 S 7,292.60 CITY OF YELM KAS'~'E4iATER TREATP'ENT FACILITY 1 21713310101 CITY OF YELM ORDZNANCE #607 RECORDED SEPT$t'03sR 3, 1998 UNDER RECORDING N0. 3176833. 3. LEASE AND THB TERMS AND CONDITIONS THEREOF: LESSOR: LESSEB: FOR A TERM OP: RECORDED: RECORDING NL~ER: ~y HOWpRp, D/BJA fROJECTFORE RONALD HAMBLEN AND SHI0.RON Kp,I+igLEN, HUSBAND AND WIFE 24 MONTHS AND pOSSZBLE RENEaiAL t~RCH 04, 2003 3508496 SAID LEASE MAY CONTAIN ~ OPTION TO PURCHASE IN FAVOR OF THE LESSEB. I C 4. LEASE ADiD TF.E TERMS AND CONDITIONS THER80F: LESSOR: LESSEE: FOR A TERM OF: RECORDED: RECORDING NUMBER: BARRY HOWARD. D/8/A PRO,JECTFORE RONALD HAMBLEN AND SHARON HANIDLEN, HUSBAND AND RIFE 24 MONTHS AND POSSIBLE RENSR7~L t+,ARCH 03, 2003 3508497 . rcwTCATBtlwnlosn CHICAGO TITLE INSURANCE COMPANY PLAT CERTffICATE SCHEDULE B (Continued) Order No.: 2Q37151 J SAID LEASE MAY CONTAIN AN OPTION TO PURCHASE IN FAVOR OF THE LESSBE. f 5. COVENANTS, CONDITIONS, RESTRICTIONS, BASEMENTS, NOTES, DEDICATIONS AND SETBACKS, IF ANY, SET FORTH IN OR DELINEATED ON LARGE LOT SUBDIVISION N0. LLS-0437 RECORDED UNDER RECORDING NUMBER 8708060055. L 6. AGREEMENT AND THE TERMS AND COh'DZTIONS THEREOF: BETh7E6N: PROJECT FORE BARRY HOWARD AND: YELM COMMUNITY SCHOOLS DISTRICT NO. 2 KM l -__11 •I I4~YIJMRI A /l)I/l RECORDING NUMBER: 3700860 REGARDING: SCHOOL t~IITIGATION AND CDSTS RELATED THERETO H 7. AGREEtf.ENT AND THE TERMS AND CONDITIONS THEREOP: BETWEEN: CITY OP YELM AND: BARRY HOOdARD, PROJECT FORE RECORDED: PESRUARY 22, 2005 RECORDING NUMBER: 3710562 REGARDING: LATECOMERS AGREEl4ENT FOR WATER AND COSTS RELATED THER8T0. E17D OF SCHCDIILC B -tnTCR67IttD/l/a9?v _ ....... ............. nno~ncannn vv~ IP•AT cnn~iinirn J( ~ ~._VtCINITY IYIAP _ .^ f YFI.~ I,.E(3AL D+=SCRIPTIOM w~ ~p~ /,rif a. VYA'.Wr~ • C~~sP+r of ~rses/~~ ivwr~~. .GS.~-1~ i rar-Y. ~cN~ pia '~~v-+ ,RAGE LOT SUBDwttS1V-+~ u sa*a+ ~3 . rlrr. r9 N ..rac ~c' n~i .~~.acu we. ?~'7~/~Gi> rifLtafli M aeeo~rlv..: ,,,,.~.~. T...a rwr •... ~~+m a .,r «e«~ ,~,.e aneeea .~ Iti M+ cormlow as ~rrlar~ '~~ ^,r.. u~ nir.. v.elr~ vrr.wr, « wr.fr« rll w~w+ ~w wv 111 M.I~u.H ~~ ~.r•M Mw+ M rt I~rr~ w: two- r~u Mti- ~ w}Irn~. rw~r at~Mr. w ~~~~~r .~1+rw` .ryv i.N!/ / r of lMC~afllr f1gfF Ai~ n/1 r ar wr >Ci f ntr .ar_ .F c~-~•• n. ~alr Irv°~ ~~t~i°'~rr ~r r/a 7. •yrrr~E7Kf:NR` ~F lid ~ ~~ ~~/ ~!7 i ~ppT.~'r rG ~ E' f r~-+tr~S ~.rw.T~~7enw+- ~s'.~o+~ s9~lT ~0 /tYT F-wG wrOt4/s~'N !f~ eo•Ia• ~ .wo.c»~ vRn~ nlr Arerse.s'LOlrti F Aa .al'A1~[~~ dh10 i.v aK~ '`~^`N .iil1V /N ~ypbry~rll Caaa. ,.... _.~~~~~... - - e Thle akeich to for the pur~ose of showing the approximate general ovation of the premises without actual survey and Chicago Title aasu ~a ~ ~abl~y in connection with WOrt7r~ ~~ fir/ UY L~II r ~~ti~~ mw'. ~ro~ CO~u~ sYy.~ -~ ~ti r nir.~e o.wwr ~~ ~ wr~r nvY v w v vy- rr i +~I~ w vrM++r M~ Iw ~ ~„~, Iwrrc e r w .~r.r ,; •,.,~p• r M ~w,r h - - ~.,... .,r,~...,,, ccaTra~noc vv.r IC:OT 4007-/LO/CO OJ/02i2005 15:11 FA7[ 980491985 CHICAGO TITLE .. Real Estt+te :o ~ oertt 3y~4a ~b ~ R'98NMCORDL~ Itt:71.'AArTO Receipt OO. ~tDa1l..Z - BARBY NOWARD Robin L. MunL TAur~Tress, ~ tgss MOUN'IAW vlPw RUAD tiOL-tttPA.SC B ,~/ Q Yl1IL N/lStlIId(IIDN 9tif/ Y ~'y~-~----Drput~. CHICAGO TPiLE it`SU~tANCE COMPANY ~~ mtl< 7SJ1B93S STATU-TORY WARRANTY DEEb Drell Fe~nyAAY n, tom THE CiR.~4'~'i'O! A[]N/tiD R tiAMBLP.N r1!'tD SHARON L HAF®lBt~. HUSBAND AMID WIFE for aod'ea matidprptlo[a Ol 'tP.NDOLtn0.SAND OTHER ri00D AND vA1UA8Ltl COy51D[7tATioY m Rand paid, eoaveyx call wretuue to BARRY powAAD, A pNOLEl13esON tlu following deraibed reel state !;holed io tbt: County o[ T}ilJASTON Statt o[ W sthington: Taswecaml Nem),cr(s} 21713310101 Pt1ACL7. 2 0I IARGi IAT [il[8D7:YI52017 lt0. :.L9-043! AS A1;L'DxD6D ].N VOL~KP 7 OP LAR,t;B LCT 9t[BDIVISION3, PAGSS 150 IStA00Git 157, INCLUBIVB AND RECORDtsD VIfDBR RSCORDIIiO N0. 8705060055; tDtt~PTING T`JCA.BPRCM Ttnr P~RIIOR C:OttVSYtzD TO 'ZtIVR.STON CODbTY BY DEBD ACCORDiD tAiDBR RBCOebZ:R3 ND. f40r710272; .N T1iUR5TOt1 CCVRIT, tta4SltidGTON SLteJSCf TD: HIQPTIONS oCT YOR7'N ON ATTACSED ltYB28IT ")1• AND BY TBZS RPYP~!)iltf.-C M7~DB A PARS tffiR~Or AS ZF PVf.LY INCDAPOII7~Tp,D HRIlrti. ~ ~~~ `~ POH^AI.D~R. FWABIEN /f C /7~yGlG4.'Y~ 11. ~~) 6FNAON L FIMdBLEN :Wonu:.r~+ ~~r~~ ~~i~~~i~i~~i~~i~iii~u~~~,~,~ 613 [aCtl TITti CA`DAIIT p a71 a1 T/1Y1'l ten LO W fQ 002 03i02i2005 15:11 FAX 3604951985 CHICAGO TITLE STATH OF 10,6RIlCG2~ON SS N[INTY O! R1t{JRtTON ('Y'~.t.Ch_ Os TIII6 ~_ DAY 0! ~200Z eETORB !!t, Z'!~ VNDYRSICNSD, A POTART PVELIC IN AND P01t 2lDS S 0! -t1sNINGSON, DULY Crot9{Z8820NED AIID S~10AN, PER80):AI.t.T APPEAYID ADIfAI.D R. kfAMmLP3i AND EtwRON L. }I7-EmLEN RNOMx TO N; TO RS THE ieIDIVIDt1Ar.ls) o88CRr® IN AND fpl10 ixECV2SD YlD: MITHIN INS'I'RQNgNT AUD ACRNOItLEDGYD THAT THQY SIG1rY0 At~^~ SFJ-I.BD TY.E SAMg A8 THHIA PRIL VJLV1tTARY ACT AND DSBD, roR TFffi lJSCS AND fCRPO5E6 MERSZN ONftD. PRINTED N7uD:: 1 (1~JL`7•Yl~]~'~8~-Lr _ NOTARY PV1LI f iD !CA - ATE OP NAEHZNGTON A$SIDZNC AT I4Y CDdrsIb9I0N ExPZA:S ON Z! .3"~~ II~II~IIfI~~~i~II~NlIII~IVI ~ a°'~ ~,:~. u1cIK0 TITLE COlfw- 0 e21,ee RMrflar, cs w 1003 NUTAitY i'UF:L;L Sf;,tc ref +Vashir.~,ton Cunniuiu. Eiy,... re-„~...:..... 09/02/2005 15:11 FAR 9804891985 CHICAGO TITLE QiICAdOTI[LEINSURANCf COMPANY p~~~ Esarvwna:2o:as3s COvm~liTb, COfDITI03i5, R88TRICTIONS, SASEl~er3'S, M]135, DYDICATIONS Al® SIIT'3il-CKS, IP 11NY, SaT lOR711 2II OA DBLIh'EARyD ON Ll-RGI Lc't SVBDIVIaIOII N0. LLS-Oi37 RECORDIID 03iD8R RECDRDIyC laltaC! 970ROi0055. AIOHT TO tW~ NlCESiARY SLOpg6 PDA C0:8 0! PILLS VpOiP lROPSRTY HEREIN DLSCTt2lCD AS GRAN2BD IN DEED: GRAII-ISt !ltmRDRp: F:L'CORD~OG N'.7YmrJt: TNVRbTON COUNfY 71FRIL 21, 199 9~0~210273 1155ESS-sNT; A31pVE0S: 3:rizERRST: co~clE+G to a~YS arraR: ANxnE~:, iD16'IALLE~HTS IN&TALLtm1T5 w1ID: INSf3-LL3QJ1T8 DFLIDR3'J@R'~ e1EXT INdTALtt4?~'I DUf FDA L.2. D. NJIBYR: ACCOONS YS7~61t: 6 7,2ss.c0 c.z ocTDeER 15, zooD is 2 0 D[TOSmt Ss. 2oa3 LZT'L OP TSLNS xnsT~TFR 2RFaTlOZLT T1-CILITY 1 11t3331G103 SIIHJFCT I'O )13m TDGB2XCR KITH StD12 C~A:AZl1 LSrSE 3W'R6HMQ'272 RECDRDtL MITH ?HZS DEED. DOn~n/~oua~ I~~IIi~~11~~~~~~~~11i1~ n ~e as ~~ arw a~nee ttt~E tOMwr- a ~2~ r~ nrr.~~ u. w. w~uua ~:HICAGO TITLE INSURANCE COMFANY :;315 PACIFIC AYENUE S.E,, OLYMPIA, WA 98601 (380) 468-787E FAX TITLE 4D3.19t15 ESCROW 456-6776 FAQ COVER LETTER Date: ~-- 7 - o S" Attention: ~,,,~ RPnrPaPntlno- ---r-------.,._o_ FAX Nwnber: -7GS - ~f~ 38 Number of pages, including cover sheet: FAX Sent by: MARK Please call if you do not receive al! pages of this transmission The mato7-ials eactoscxl with this facsitttile tranFmission are private and ccmfidentiat anti are tl~e prol~rty of the sender, Ttte information in the material is privileg~xl anti is iutencltlti only for use of tl-e individual(s) or entity(i~) named shove. If you an not the intFttded rcx;ipient, be advisal that any unacuhorired disclosure espying, distribution or the taking of tmy action in re~iatue rnt the cnutgtls of this information is strictly prohibitecL if you have ra:t~ved this facsimile tnnstnission itt error, please notify us itnmediatdy lry telephone to arrange for return of the forwarded docameuts to us. CHICAGO TITLE 1NSURANC'E COMPANY 3315 PACI!'IC' A1/F,' tiw K•C)•l8, nt.YMPtA, WA'IASUl FIAT CERTIFICATE Order No.: 2U37151 Certificate for Filing Proposed Plat: In tae matter of the plat submitted for our approval, thic Company has examined the records of the C~~uary Auditor and County Clerk of THt7RSTON County, Washinston, and the records of the Clerk of the United States Courts holding terms in said County, and from such PYa++++*+ation hereby certifies that the title to Nae following d~:cribed land situate in said Tt3vxSTOx County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: ci+icai iivniucu, era iiia ancisiv~ia iiSii~in EXCEPTIONS: SEE SCHEDULE B ATTACHED C:EiARGE: $200.00 TAX: $16.eo Ttrcxrds examined to rat 8 : oo AM A 4 By MARK A KARJALAHT Title Offuer (3601456-7878 ru'rcltTn/Nun/os~ - - ....... ..,.....,..~ nnnTnownnn vvs nr~nr enn~iinirn CHCCAGO TITLE INSURANCE COMPANY PLAT CER'TIFiCA.TE SCHEDULE A (Continued) Order No.: 2.037151 LEGAL DESCRIPTION PARCEL 2 OF LARGE LOT SUBDIVISION N0. LLS-0437 AS RECORDED IN VOLUt~ 3 OF LARGE LOT SUBDMSIONS, PAGES 150 THROUGH 153, INCLUSIVE AND RECORDED UNDER RECORDING N0. 87080600551 EXCEPTING THEREFROM THAT PORTION CONVEYED TO THt,1RSTON COUNTY 8Y DEED RECORDBD UNDER RECORDING NO. 9404210272; IN THURSTON COUNTY, ViASHZNGTON rutnxtt.tanw~o~s ---z •,...r, nnviY~~ DOCTOGFAnO vvi rn•nT enn~irnirn CHICAGO TITLE INSUEtANCE COMPANY PLAT CER'TIFICA'TE SCHEDULE B Ordar No.: 2037151 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL fiXCEI'TIONS: A. Defects, tienc, encumbrances, adverse claims or other matters, if any, created, fast appearing in the public records o~ attaching subsequent to the effective data hereof but prior to the date the proposed insured acquires for value of rcc:ord the estate or interest or mortgage thereon cuvared by this Commitment. e D7~.l.te .,~ rlnimc of n~rh'trc in nctx~GSttOn not Shown by 1110 pnbGC recOrdS. .,,.. .,.r..... ~_ __-__ - r L. Encroachments, overlaps, boundtuy line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the promises. D. Easements or clauns of casements not shown by the public records. E. Any lion, or right to lien, far contributions to employee benefit funds, or for state workers' compensation, or for services, labor, oc mntertal heretofore or hereafter furnished, all as imposed by law, anti not shown by the public records. F. Lien, under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electridty or gazb~e removal. H. General taxes ant non payable; matters relating to special assessments and specal levies, if any, preceding or iu the same becoming a lien. I. Reservations or exceptions is patents or in Acts authoriang 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 TSSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSANb DOLI.ARS(S1000.00). riw'rCa~s~w~+la9s .,.,..z ~-rrf-+-~s.,:,~rv~ eoaroa~,noo vv.r ~r:nr enn~i~nicn CHICAGO TITLE ~S[JRp.NCE CUlyIppNY PLAT CERTII?ICaTE SCHEDULE B (Continued) Order No.: 2037151 ~cgpTIONS 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY ls, DELINQUENT IF A FIRSS HALF pIdPAID Opp10UNTS~ DOENOTDI~tiDEEIINTBREST zAHD PENALTOESNO~~E 1 OF THE TAX Yt'-AR ~ YEAR: TAX ACCOUNT Ni1N~ER LEVY CODE: ASSgSSBD VALiTE-LAND: ASSESSED VALUE-IMPROVEMHNTS: GsNSRAL & SPECIAL TAXES: H ~ 2. ASSESSMENT: C B I C AMOUNT: LEVIED BY: FOR: L.I.D. NUMBER: ACCOUNT NUMBER= 2005 21713310101, 170 $ 85,450.00 g 137,600.00 BILLED: $ 3,008.17 PAID: $ .00 .., UNPAID: 5 ~,yy°•+' $ 7,292.60 CITY OF YSLM wpsTEVTATER q'REATMENT FACILITY 1 21713310101 CSTY OF YSLM ORDINANCE #607 RECORDED SEPTSMBSR 3, 1998 UNDEA RECORDING N0. 3176833. 3. LEASE AND Tfig TERMS AND CONDITIONS THEREOF:, ~y HOygpRD, D/B/A pROJECTFORE LESSOR: RONALD HAMBLEN AND SHARON gAMgLEN, LESSEE: ~Sgp,Z,~ p,ND WIFE FOR A TERM OF: 24 MONTHS AND POSSIBLE RfiNEwAL MARCH 04, 2003 RECORDED: 3508496 RECORDING NU[48ER: SAID LEASE MAY CONTAIN AN OPTION TO PURCHASH IN FAVOR OF THE LESSEE. 4. LEASE AND TKE TERMS AND CONDITIONS THEREOF: BARRY HOwAP.D, D/B/A PRO,TECTFORE RONALD HAMBLEN AND SxARON xprIDLEN, xUSBAND AND NIFE 24 MONTHS AND POSSIBLE RENEwAU MARCx 03, 2003 3508497 . LESSOR: LESSEE= FOR A TERM OF: RECORDED: RECORDING NUMBER: ...,..e. in nAlnWl4 _ ~~~~ ~~ - ___,-z -~~.,.T. „~~...v~ coarra~,nor vva ~c:nt ennzitnicn CHICAGO TITLE INSURANCE COMPANY PLAT CEAT~ICATE SCHEDULE B (Contiwued) Order No.: 2037151 J SAID LEASE MAY CONTAIN AN OPTION TO PURCHASE IN FAVOR OF THE LESSEE. f 5. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, NOTES, DEDICATIONS AND SETHACKS, IF ANY, SET FORTH IN OR DELINEATED ON LARGE LOT SUBDIVISION NO- ELS-0437 RECORDED trLNDP.R RECORDING NUMBER 8708060055. L 6. AGREEMENT AND THE TERM$ AND CONDITIONS THEREOF: BETWEEN: PROJECT FORE BARRY HO-9ARD AND: YELM COMMUNITY SCKOOLS DISTRICT NO- 2 K64VCtU6~J: vtil~Ut1A1 0, iGv~ RECORDING NUMBER; 3700860 REGARDING: SCHOOL MITIGATION AND COSTS RELATED THERETO N 7. AGREEMHNT AND TKE TERM5 AND CONDITIONS THEREOP: BETWEEN: C=TY OF YELM AND: BARRY HOidARD, PROJECT FORE RECORDED: PSBRIIARY 22, 2005 RECORDING NUMBER: 3710562 REGARDING: LATfiCOMERS AGREEMENT FOR WATER AND COSTS RELATED THERETO. E1rD OF SCKTi~DIILE B ~ LnTC RI'fl l l~ W \/G9?9 ww~~~ nn~rn •.sn Al10TAD RAAA VVl /P'AT C~Afl7/IA/f (1 .'VICINITY IYIM 4EC3AL pESCRIPT{OM w"'°'"" """`~ LARGE LOT 5U8D{V{s{VN~ ~ .~ ~ 4 o~ f o.le~ut .weer SerTi~. ~3. ~s>'e.asane Mwc0. N0. ~/7~J ~~G Y. VY1111rM~l . CUAf<PrIP OF - ~ TryprsNS.h~ /~1 M1,//J/. ~iPtil's' / ~ oe010NMw: Cot/UJ/ SRS •• N V ... ~ ~ - M ~~~.~Y (9 ~ IS3 ,-l-r ~` ao 1. 711N wM Iw Wl.lfN YN YNI w.l~ .~ IMrwM rr 1 r.~tarl «Ik. y I.w ~Ir^II. vM r.we«.....In w~+~r .~-wlw .~ m wrnu~i. ~S+~~rws wrl.w~• w!~rr~~1}}11~ ~yM1~Nr! IwrrN+. w yMl~lllw .~1.~.~ rIIr/NN+G. Tl.rwvl ONMII M w .t,~aun a..r. r.sN.a ,~el.s «w...r w..~.ln..~-r ~.r. wNnw s rv+ Nwr to ahw.b yrplOeN ~ IM wl+ GOMORIOlY a ARMeL` tR7. yyrr~E7NST.Mi1tl~IF YID ~i/f<I~'~)9SM~~A4R~ ~~ND T.t'r R~+rQF f »+c > %+c'nnu ry~ ~nuMars~ /7 ~sr r,~,.,w. otX[f7ssM- 77Yew~+ !J~ ~T +!O /bCT F+1C ~dtw7~'•v !1~ Fo~• ¢ w~47/ ClRT// T.rk A14'LO-`' LC~1c Q~~HIM•Y ~fn .M.11~wvInY .IF~O n/ an4ir .1v~w.N .rn'7V YhI j1ISQi1I/M+/ LaA6• Thls sketch is for the pip Q howing the appro~mate general locat{on of the premises wlthoul actual survey and Chlcago'fltie assumes n0 Mabry in con ecQon with ~ MfM~rp~~~r ~1( I~Yl ~L~ Pp Y R ~v N ~..~. d;A ~. ' pMrtldi eotnnu~ Nrrwlw~ "`~ rw.+w owr~rr ~vv ~ rrw p w v v~ wr 'r ~ • 3~ i«11s1~vr4~+l1r Vet w1 --~~JJ < vAr 1N~~0 v! M Ilr wrrtY Lamer M ~wM N~ _ - - ~.,.., „~~,,..,., CORTPRbACO vva LC:ni ~nnzitoico 03/02/2005 15:11.FAR 3804931985 CHICAGO TITLE fm 002 .+ Real Estate sp >a paid 3~~1a tD ~ x'88NR[3CORD~ ~~.~ Receipt no. E~Date 3 HARttYHOwwRD pDDin fr. Hunt. T~ifr ,y,~Treas. ~ 19nN0UNfnII~1WEW1w~n60711z•trasr B ~/ Q Yl1aL tYASttQeQl'DT19Efi y Deputy CHICAGO TITLE INSURANCE COMPANY ~-~ ~ 2U1B935 1~ STATU'T'ORY WARRANTY bEED bated FEBRt]AAY 21, toro THE GRANTOR Rt>T7/~0 R FiAM6L8N AND SHARON 41lA!®t.EN. HUS&-ND APID WIFE for aod'o masidortltioC of 7F,N DOLtnRSAND O'fI~R r,OpD AND vu,VwBt,ti cONSIDniw7lor is hand paid, etiawys and twrnnte 1n &tARY p0 WARD, A TINGLE PERSON the following described real estate pNated io tbC County o[ THIJAS70N State: o[ W sshinalon: TazACegmt NumT~er(sr 2171331U101 PAACLZ Z or LARGE LOT SVBDZViSIOliU10. LL9-043 AS RECORDED IN wLVi~ J OP LAAGS LOT 9t~DIVISIOxS, PAGES 150 17eA0tIGA 153, INCLVBIVB J-!7D RaC'ORD® tA108R RSCORDINO PIO. 8709060055; I9L[aP?n~ TxgAgPRDx 17!>T PORSI010 COIaVBYED TO THOR.SSDN CODLiTY BY DEBD ABCORDBD tAtDBR RBCORDZM3 N0. l40t110171; Ilv T1inR51'Da t:Otmttt, rnStadGTOH SUEJELT TDe EECSPTIONS bE'r trORZH 0?1 A?TACRED 8ffiIHIT "A" Al1D BY TEZS REYERHI/C>: M71D8 A FAAT ~R®0! I1S IF FULLY INCDAPOA7~T8D NRRlIDI . ~~~~ ~~ RONN.D R. F4YABLEN FNRON L FUIh6LEN 611 G"CO TITti COM-{WT 0 a71.aa ThYI'f lOn LO w~ 03/02/2005 15:11 FAR 3804931985 CHICAGO TITLE fm 003 STATE 0!' 1Q1SffiEGTpp SS f_UpNi'7t OF TxUACTON ~ ('Ybtz,Ch_ 03 THI6 ~_ DAY 0! 2003 EEPORB lam, 7lD3 UNDYRSICNSD, A NOTARY PU91.IC IN AND POR T!~ S 0! 111SIiINC20N, DULY COf~gBiONED A]fD SHORN. P$R80NALd.Y APPEARtD RDlfALD R. kW+mLEN AND EtD1RON L. }rADmLlN RNOMI- TO ~ TO BB TliE ZlIDIVIDUALIS) DESGRI~D SN AND NltO EXECVTBD ?~ MIT8Tt1 SNSTRO)03NT AlID ACRD10kL8DGBD 2xAT TXBY SIGNBO AND SP71LBp TkE SANE A8 THEIR~~~PR~aE~~ VOLLntTARY ACT AND DBBD, FOp THE VSFS AND pURPO5E6 xeRBZN MI~PIONBD.I INOTARY PRINTED Nom; 1 • V '~C~-t..,.. 'NOTiRY ppBLI~N fCR TJ ATE OP NA6HINlTfON RBSIDZHC AT lL/`O$1~ jlr1C CODl~IS9ZON EXPZRtS ON Z!' 3"~~ _ NUTA ~ZY I'UF: L; C Sr:,,c of 'Nas)tir.rton F,~r1Y G. FlE1~t:~LD50N II~lIINII11~11~II~II~I111111V1 ~ a°'~ ~t:~,t ctiluKO ilr~E tzr~wr 0 ltl.~td *Iwr~tan Ce u. 03/02/2005 15:11 FAR 3804991985 CHICAGO TITLE CW CA(30 77'I'LE INSURgN~ COMPANY p~~~ EiaaarKa:1D1B9]s COVEID~NTb, CD7PDITIOIiS, R88TRICTIONS, SASEMEnfI'S, NO7E5, DYDICATIONS Aan si2'Ai1CES, i0 ANY, SHT FOa?A ZN OR DBLiNEATiD ON L~-RG= LOT SCBDIVISiWi N0. LLS-037 REODADED b1mgR RECatDt~ t1D10eR B70i0f0055. ASOFiT TO ~lAEA NECESiARY 9LAP86 FOA COSB O! PILLS YPO3P !ROl6RTY NHREIN DESCA286D TS GRAN2HD IN DBF.D: GRAIPIBi: R~ADED: RLOORDING NO!®ER: ?NURSTON COUNTY APAIL 23, 1994 940210273 ASS@S9~SNT: A110UIiT: ZNTERAST: COMF~NCING 30 DAYS AFTER: ANNID-L INbTAI,Lt0IN3~S, INSTALLlmiTS PAID: IN9TALL1Qy?9 DEyIDIQp@~, D1HXT INdTALLIg]rf DtJE: LEVIED pY, FORS L.I.D. NDfOiYR, ACCODNT 1RA®HR.s 6 7.2es.co 6.Z OC?oDBR 15, 2000 29 Z O D[TOpER 1S. 2D0] CITY OF YSLM D/ASTYWI?ER 2RFaTkQYT FACILITY 1 ]171]]10103 S4BJECT I'o ADID ?OGESttCR 1fI17t T4D-T CER;AIH L87-SE 71GREBMD"M RECORDED MITH ?HIS DEED. oontTryM-i~. ~IPIIA~11~~~~~~~~~~ n eau ~+ arm p,fGee T1TlE COMIwf o p~ ~4 nw.t., ca. 4a. X004 RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION CONTROL PLAN (from Appendix K of 1994 DDECM) BY AND BETWEEN CITY OF YELM, Washington (HEREAFTER "CITY"), and PROJECT FORE, heirs, successors, and assigns (I-IEREINAFTER "OWNER"). The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION: Tax Parcel Number 21713310101 described as the S1/2; N1/2; NE1/4; SW1/4 of Sec.13; T17N; R1E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page 153, AFN 0703050055 in records of Thurston County, Washington. Whereas the OWNER has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to further the goals of the CITY to ensure the protection and enhancement of water resources, The CITY and the OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". (2) Implement the pollution source control program included herein as Attachment "B". (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment at .The log book shall catalog the action taken, who took it; when it was done, how it was done, and any problems encountered or follow- on actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected as specified in the attached instructions or more often if necessary. The OWNER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (4) Submit an annual report to the CITY regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone, number, of the businesses, the persons, or the firms responsible for plan implementation, and the person completing the report. (b) Time period covered by the report, (c) A chronological summary of activities conducted to implement the programs referenced in (1) above. A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities for the next year. (5) Execute the following periodic major maintenance on the subdivision's stormwater facilities: sediment removal from catch basins, managing vegetation in bio-swales. 1of3 THE CITY SHALL: (1) Maintain all stormwater system elements in the public right-of--way pipes and bio-swales. (2) Provide technical assistance to the OWNERS in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request and as CITY time and resources permit. (3) Review the annual report and conduct a minimum of one (1) visit per year to discuss performance and problems with the OWNER. REMEDIES: (1) If the CITY determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the CITY shall give the OWNER notice of the specific maintenance and/or repair required. They shall set a reasonable time in which such work is to be completed by the persons who were given the notice. If the above required maintenance and/or repair is not completed within the time set by the CITY, written notice will be sent to the OWNER stating the CITY's intention to perform such maintenance and bill the OWNER for all incurred expenses. (2) If at any time the CITY determines that the existing system creates any imminent threat to public health or welfare, the CITY may take immediate measures to remedy said threat. No notice to the persons listed in Remedies (1), above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) The OWNERS grant unrestricted authority to the CITY for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1 } andlor (2). (4) The OWNERS shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the CITY in the preceding section. Such responsibility shall include reimbursement to the CITY within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the CITY will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the CITY. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest, or and part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the CITY. Owner Owner 2 of 3 State of Washington } } ss. County of Thurston } I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this day of , 2005, personally appeared before me to me known to be the individual described in and who executed the within instrument, and acknowledge that she/he signed and sealed the same as _ free and voluntary act and deed, for the uses and purposes wherein mentioned. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington residing at. My commission expires: State of Washington } ss. County of Thurston } I, the undersigned, a Notary Public in and for the above named County and State, do hereby certify that on this day of , 2005, personally appeared before me to me known to be the individual described in and who executed the within instrument, and acknowledge that she/he signed and sealed the same as free and voluntary act and deed, for the uses and purposes wherein mentioned. GIVEN under my hand and official seal the day and year last above written. NOTARY PUBLIC in and for the State of Washington residing at My commission expires: 3 of 3 ATTACHMENT "A": MAINTENANCE PROGRAM Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature COVER SHEET Page K - 15 INSTRUCTIONS The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: (1) Monthly from November through April. (2) Once in late summer (preferably September). (3) After any major storm (use 1-inch in 24 hours as a guideline), items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggested frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. Page K - 14 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Drainage Systems ~ Conditions To Conditions That Fr acne Feature Problem Check For Should Exist M Structure Trash & Distance between debris buildup and bottom of All trash and debris removed. debris orifice plate is less than I'/~ feet. (includes sediment A Structural Structure is not securely attached to manhole Stmcture sccurcly attached to wall and outlet damage wall and outlet pipe structure should support at pipe. least 1,000 ands of or down ressurc. A Simcturc is not in upright position (allow up to Structure in conact position. 10% from tomb . A Connections to outlet pipe arc not watertight and Connections to outlet pipe are watertight; show sirs of mst. structure repaired or replaced and works as dcsi ed. M Any holes--other than designed holes-in the Structure has no holes other than designed structure. holes. M,S Clcanout Damaged or Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. ate missin A Gate cannot be moved up and down by one Gate moves up and down easily and is maintenance rson. watcrti ht. M,S Chain Icadin to tc is missin or dama ed. Chain is in lace and works as dcsi ed. A Gate is rusted over 50% of its surface area. Gate is repaired or replaced to meet design standards. M,S Obstructions Any trash, debris, sediment, or vegetation Plate is free of all obstructions and works as blockin the late. dcsi ed. M,S Overflow Obstructions Any trash or debris blocking (or having the Pipe is free of all obstructions and works as i tential of blockin )the overflow i deli ed. If you arc unsure whether a problem exists, please contact the 3urisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major stones Page K - 17 ATTACHMENT °A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets ~- ~m ~ Corrdtias To Corrdiiars T~ Y Featrae Problem Check For Should Exet M,S General Treeh, debris. Trash a debts in Son[ d the emdr bash apenegs No trash or detrris owed ermrdratey n front d auh and sediment n bbddng ppacilr by rrmre than 1014 bair apering. Grb is laps dean and Mows waex to or ar base srrrr. M sedm>errt or debris rm rtre basin] tlrte acaeeds U3 the No sedinma a due's n The catdt bash. caldr bee is depth Man the bosom d ban to irwen d the towed pqe dug out and dean trrm a aR d the basin ~ Ttadr of debris n ary inlet a pine bbdtirg more than V3 Yrkt and outNt pipe free d flab or dabrre. d is height M Stnrcerrel Comer d frame exrrrrLs more dm 3H Inch pat aab face Flame 6 even wYr orb. damage m Mama eao Ur sorest (i aQpicable)• ardor tap slab fd Top slab ha lake YrgerUrrr 2 aquae irrdrs or aadr Tap silo ~ Mee d holes and trade. wider ttwr 1K irrdt (irronts to mda sure ant rtraterid ~ nrarirg into the ban). Af Franre net aireng flush on tap shb, ie„ aePararion d mac Frame b sfeig Atrdr an eP slab. dwr 314 iadr d the frame Mom fie top aMb. A Cracks n bash Cntdcs wider Uwr 12 inch and forger tlnrr 3 feel, any Been mptaaed a repaied to design ataMarda Coouct va~lbattom evidace d soi parridea snrreg utrd- base Usough a prdeafarl srgirrerfa evakrtbn uxJr. or rnairrr«rrrce pesar jcdges Urt atrrndae ie ursorsrtf. A Crake wider Uran U2 inch and lager Urrt t foot at itr No sacks mac Urr11K nth wide at the joint d joint d any inleYoutlet pipe a any svidsrres d soi kreebrrtlst pipe. particle enrring eAedr basin throrrgfr aardcs, A SeWenrrs/ Bash has eMtied mac dm t inch or has mtated mere Ban repYoed ar repaired to design etardards. Coreaat raieaigmrera Urrr 2 inches out d a6psrrra a prdeseiarl etrgirrsr fa evakrrion M,S Fee IriaN or Prue d dreminls sudr a rrlcrral gas, or1 ant No color, ode; or sledge. Bain b dug ou and dsan oUsr poMrOar gaoire. Obtro:iots arbr, ode, a ekrdge noted. M.S Outlet pine is tlsgeett'rorr a roots growig n krelbrAet pipe joirtta tlrtt 's No wtgeutiort a ma growtlr preset cbg9ed with mac 1Nn sa irclre tat and less Urn sec hers apart t you w wrrse whaUrr a problem edels, pNas comet tlr Jraisdretion and ask for oedurrcal asap. ~ ~ = Mfo~iUdy (a~ee aacedule)p~~ $ =1~br mtjOr 8lallr Page K - ~ ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frexlucncy Drainage I Problem Conditions to Check For Conditions That Should Exist S stem Feature V M,S Genteel Trash & debris Dumping of yard wastes such as grass i i b U h l Remove trash and debris and dispose as t d b Ci W M rib buildrgt in pond g t clippufgs and hartcttes into as n. ns y d l f k i l h l b y ty aste anagemen pnsc c - e~r~ a : mater a s suc attvmu atwn o as lass, ktstic, m~ctal, foam, and coated ahon. M,S Trash rack pluggod Bar screen over outlet more than 25% covered Replace srnoat. Rcrtwvc hash and debris or missing by debris or missing. a nndd dispose as bed by City Waste Management S M Poisonous i Any poisonous 'on which fnay dt tith bli E l f tit t h Remove poisabus vegetarian. Do not etation without als a~ ve rraa ha vegetat on e pu c. xamp es o cons u e a a~r o tt i t i i l d g sspp yy c mc tiv f th C er bta i i aannssyy ragwor sonous vegetat e: , on nc u po porson oak, stinging rfettlcs. den'Lsclub. rom e oop a e o in ng rv ccand approval fiom the Extensian~ie Ci . M,S Fire hazard or Presence of chemicals such as natural gas, oil, Ftnd sources of ppoolhrtiert and eliminate i bl l h f f pollution and gasoline, obnoxious rnlor, odor, or sludge rom rtot cea c rn or, em. Water is ree t noted. odor or contami~tion. M Vegetation not growtog or is For ponds, grass cover is sparse and a is overgrown For wetkutd ponds Fa grassy ponds, selodively thatch, and resoed ponds. Grass cutting aerate overgrown . , plants are sparse or invasive species are , nary fatless dictated by aesthMres. l F ~ d h d present. an sot nursety- or pon s, -p town wetland lants in bate aeeas p . g Contact the Cooperative Extension Service for direction at invasive ies sf~h as k: loosestrife and reed canary rate Pond bottoms should have uniform g dense co a ofdesired lent ies. M Rodent holes Arty evidence of rodent holes if facility is Rodents deshoyed and dam or berm acting as a dam or berm, or aoy evidence of repaired. Contact the Thurston County water prpmg thronglt derv or berm via rodent Health Department for guidance. boles. M Insects When insects such as wasps and homers Insects destroyed a• removed fi+oret site. interfere with maintenance activrdes, a when Contact Cooperative Extension Service uitoes become a tnrisarxe. for A Tree growth Tree growth does not allow maintenatce Trees do not hinder maintermnce access or mterfires with mainttatance activity i i l il l i activities. Selectively cultivate hfxx such d ld f fi t remova ( .e., s ope mow ng, s , or exlu pment as a ers or rewoo . movements). [f hoes are rtot interferufg with access, leave trees akrue. M Side slopfs of Erosion on bemts Check around inlets aad outlets for si of Find causes of erosion and eliminate pond or at e.ntranex/exit exnsion. Chxk berms fix sig~ of sliding or them. Then slopes shook! be stabilized by settling. Action is heeded whine eroded using riatc erosion control s damage aver 2 ittcltes deep and where there is ~eg., rock reinfaeement, nteasu ' hal for continued erosion. land of can on. M Storage area Sediment buildup in o d Accumulatod sedirnertt that exceeds lt)% of the ned ond de th Bfrried or artiall desi Sediment cloned art to deli aond sha e and de th ond i p n p p y g . p p p ; p buried outlet shttcture probably mdtcates nece.~swary to control erosion. si 'fit~rtt sedime~ A Pond dikes Settlements Any part of dike which has settled 4 inches Dike should be buih back to the design lower than the deli ekrration elevation. A Em Rode missing Only one Iayer of rock eacists above native soil Replace rocks to design standards. ov ow/ in area 5 square feet or larger, or any exposure s illwa of native soil. Onc Timc Emergency / Overflow missing Side of pond has no area with kuge rocks to h dl fl Contact City for guidance. overflow an e emergency over ows. illwa If you arc unsure whether a problem exists, pk~se contact the Jurisdiction and ask for technical assistance. Canmcnts: K ~ A = Anntral (Match ~ April preferred) M =Monthly (see schedule) S = After major storms Page K - 19 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist S stem Feature M,S General Trash & debris Sec Maintenance Checklist for Ponds. Sce Maintenance Checklist for Ponds. buildu in nd M Poisonous Scc Maintenance Checklist for Ponds. Sec Maintenance Checklist for Ponds. vc etation M,S Fire hazard or Scc Maintcnancc Checklist for Ponds. Sec Maintenance Checklist for Ponds. llution M Vegetation not Sec Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. growing or is ovc wn M Rodent holes Sec Maintenance Checklist for Ponds. Scc Maintenance Checklist for Ponds. M Insects Scc Maintenance Checklist for Ponds. Sec Maintenance Checklist for Ponds. A Storage area Sediment buildup A soil texture test indicates facility is not Sediment is removed and/or facility is in system working at its designed capabilities or was cleaned so that infiltration system works incorrectly designed. according to design. A sediment trapping area is installed to reduce sediment trans rt into infiltration area. A Storage area A soil texture test indicates facility is not Additional volume is added through drains slowly working at its designed capabilities or was excavation to provide needed storage. (mom than 8 incorrectly designed. Soil is aerated and rototilled to improve hours) or drainage, Contact the City for overflows information on its rcquircmcnts regarding excavation. M Sediment Any sediment and debris filling area to l0% of Clean out sump to design depth. trapping area depth from sump bottom to bottom of outlet pipe or obstnichng flow into the connector r . One Time Sediment Stonnwater enters infiltration area directly Add a trapping area by constructing a trapping area not without treatment. sump for settling of solids. Segrogatc present settling area from rest of facility. Contact Ci for idancc. M Rock filters Sediment and By visual inspection little or no water flows Replace gravel in rock filter. debris throu filter dunn hea rain storms. If you arc unsure whether a problem exists, please contact the jurisdiction aixl ask for technical assistance. Comments: A =Annual (March or April prefeired) M =Monthly (see schedule) S =After major storms Page K - 20 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist S stem Fcatutc A Rock pad Missing or moved Only one layer of rock exists above native soil Replace rocks to design standard. rock in area 5 square feet or larger, or any exposure of native soil. A Rock-filled Missing or moved Trench is not full of rock. Add large rock (f301b. tech) so that rock trench for rock is visible above edge of trench. discharge from nd M Dispersion Pipe plugged Accumulated sediment that exceeds 20% of the Pipc cleaned/flushed. trench with scdtmcnt desi de th. M Perforations Ovcr I/2 of perforations in pipe arc plugged Clean or replace perforated pipe. lu ed with debris and sediment. M,S Not discharging Visual evidence of water discharging at Trench must be rcdesi ed or rebuilt to water property concentrated points along trench (normal standard. Elevation of lip of trench condition is a "sheet flow" of water along should be the same (flat) at all points. trench). Intent is to revent erosion dams e. M,S Water flows out Maintenance person observes water flowing Facility must be rebuilt or redesigned to top of " out during any storm less than the design storm standards. Pipe is probably plugged or "distributor or it is causing or appears likely to cause damaged and needs replacement. catch basin dame c. M,S Receiving area Water in receiving area is causing or has Stabilize slope with gra.SS or other over-saturated tential of causin landslide. vc etation, or rock if condition is severe. If you arc unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (sec schedule) S = After maJor storms Page K - 21 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist S stem Feature M General Missing or Any defect in the fence or semen that permits Fence is mended or shrubs replaced to b %kbn parts/dead easy entry to a Facility. form a solid barrier to entry. l M,S Erosion Erosion has resulted in an opening under a Replace soil ttndcr fence so that no fence that allows ent b Ic or ts. m exceeds 4 inches in hci ht. M Unruly Shrubbery is growing out of control or is Shrubbery is trimmed and weeded to vegctat~on infested wrth weeds provide appealing aesthetics. Do not use chemicals to control weeds. A Wire Fences Damaged parts Posts out of plumb more than 6 inches. Posts plumb to within I %z inches of lamb. A To rails bent more than 6 inches. To rail free of bends cater than 1 inch. A An of fence (including posts, top rails, and abric) more than I foot out of dcs~gn Fence is aligned and mcets design standazds. ali ent. A Missin or loose tension wire. Tension wire in lace and holdin fabric A Missing or loose barbed wire [hat is sagging Barbed wire in place with less than 3/4 more than 2%z inches between posts. inch sag between posts. A Extension arm missing, broken, or bent out of Extension arm in place with no bends sha more than I %x inches. lar cr than 3/4 inch. A Deteriorated Part or parts that have a rusting or scaling Structurally adequate posts or parts with a paint or condition that has affected structural adequacy. uniform protcctrve coatmg. rotective coatin M Openings in Openings in fabric arc such that an R-inch- No openings in fabric. fabric diameter ball could fit throu h. !f you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (sec schedule) S = After maJor storms Page K - 22 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist S stem Feature M General Damaged or missing Gate is broken, jammed, or missing. Pond has a functioning gate to allow entry components of people and maintenance equipment such as mowers and backhoes. if a lock is used, make sure City Stormwater Section field staff have a k M Broken or missing hinges such that gate cannot be easily opened and closed by a Hinges intact and lubcd. Gate is working freely. maintenance rson. A Gate is out of plumb more than 6 inches and Gate is aligned and vertical. more than I foot out of dcsi ali ent. A Missing stretcher bar, stretcher bands, and Stretcher baz, bands, and tics in place. tics. !f you arc unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: K ~ A =Annual (March or April prcfemd) M =Monthly (see schedule) S =After mayor storms Page K - 23 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist S stem Feature M,S Pipes Sediment & Accumulated sediment that exceeds 20% of the Pipe cleaned of all sediment and debris. debris diameter of the i M Vegetation Vegetation that reduces free movement of All vegetation removed so water flows water throw h i frecl throw i A Damaged (msted, Protective coating is damaged; mst is causing Pipe repaired or replaced. bent, or crushed) more than 50% deterioration to any part of i . M Any dent that significantly impedes flow (i.c., Pipc repaired or rcplaccd. decreases the cross secnon area of pipe by more than 20% . M Pipe has major cracks or tears allowing Pipe repaired or rcplaccd. oundwater Icaka c. M,S Open ditches Trash & debris Dumping of yard wastes such as grass cli in s and branches into basin Unsr htl Remove flash and debris and dispose as Ci Waste Mana ement nsc:r~bed b pp g . g y l ti f d d bl i l h ty g y ~ ti S accumu a on o non- c a c mater a s suc ec on. as lass, lactic, metal, foam, and coated a r. M Sediment buildup Accumulated sediment that exceeds 20% of the Ditch cleaned of all sediment and debris deli do th. so that it matches deli A Vegetation Ve elation (c.g., weedy shrubs or saplings) that reduces free movements of water through Water flows freely throwgh ditches. Grassy vegetation should be Icft alone. ditches. M Erosion damage Scc Ponds Checklist. Sec Ponds Checklist. to slo A Rock lining out Maintenance person can see native soil beneath Replace rocks to design standard. of place or the rock lining. missing (if licablc Varies Catch basins Sce Catch Basins Checklist. See Catch Basins Checklist. M S Swales Trash & debris Sec above for Ditches. Sce above for Ditches. M Sediment buildup Scc above for Ditches. Vegetation may need to be replanted after clcanin . M Vegetation not Grass cover is sparse and weedy or areas arc Acratc soils and reseed and mulch bare growing or overgrown with woody vcgctahon. areas. Maintain grass hei tat a overgrown minimwn of 6 inches for . t storrnwatcr treatment. Remove woody growth, recontow and reseed as ncccs M,S Erosion damage See Ponds Checklist. Sec Ponds Checklist. to slo s M Conversion by Swale has been filled in or blocked by shed, If possible, sppk with homeowner and homeowner to woodpile, shrubbery, etc. request that Swale area be restored. incompatible use Contact City to report problem if not rectified voluntaril . A Swale does not Water stands in Swale or flow velocity is very A survey may be needed to check grades. drain slow. Stagnation occurs. Grades need to be in I-5% range it~ possible. If grade is less than I%, underdrains ma need to be installed. If you arc unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (Sce schedule) S =After maJor storms Page K - 24 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Grounds (Landscaping) Frequency Drainage J Problem Conditions to Check For Conditions That Should Exist S stem Feature M General Weeds Weeds growing in mom than 20% of the Weeds present in Icss than 5% of the (non isonous) landsca d azea (trees and shrubs onl ). landsca area. M Safety hazard Any presence of poison ivy or other poisonous No poisonous vegetation or insect nests ve etahon or insect nests. resent in Iandsca area. M,S Trash or litter Sce Ponds Checklist. See Ponds Checklist. M,S Erosion of Noticeable rills aze seen in landscaped areas. Causes of erosion are identified and steps Ground Surface taken to slow down/spread out the water. Eroded areas are filled, contoured, and seeded. A Trees and Damage Limbs or parts of trees or shrubs that are split Trim trees/shrubs to restore shape. shrubs or broken which affect more than 25% of the Replace trecs/shrubs with severe damage. total foli a of the tree or shrub. M Trees or shrubs that have been blown down or Replant trce, inspecting for in ury to stem i~ d knocked over. a e . or roots. Rc lace ~f severe) A Trees or shrubs which are not adequately Place stakes and tubber-coated ties supported or are (caning over, causing around young trces/shrubs for support. ex sure of the roots. If you arc unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: K ~ A =Annual (March or April preferred) M =Monthly (see schedule) S =After maJor storms Page K - 25 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Access Roads/Easements Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist S stem Feature Onc Time General No access road If ponds or other drainage system features Determine whether an casement to exists necdmg maintenance by motorized equipment drainage feature exists. If yes, obtain City arc present, either an access road or access t i i d bli fr permits and construct gravel (or equal) ort lack of if not re access road s requ re . om pu c stree s , p . easement to Ci attention. M Blocked roadway Debris which could damage vehicle tires (glass Roadway free of debris which could or metal . dams a hrs. A Any obstructions which reduce clearance Roadway overhead clear to 14 feet high. above road surface to less than 14 feet. A Any obstructions restricting the access to Icss Obstruction removed to allow at (cast a than 1 S feet width. I S-foot-wide access. A,S Road surface Settlement, When any surface defect exceeds 6 inches in Road surface uniformly smooth with no potholes, mush depth and 6 square feet in area. to general, any evidence of settlement, potholes, mush spots, ruts surface defect which hmdcrs or prevents sports, or ruts. Oecas~onally application maintenance access. of additional gravel or pit-run rock will be needed. M Vegetation in Woody growth that could block vehicular d E i Remove woody growth at early stage to Cut back nt vehiculaz blocka e v road surface ve wee cover. access. xcess . g pre e weeds if they begin to encroach on road surface. M,S Shoulders and Erosion damage Erosion within 1 foot of the roadway more than Shoulder free of erosion and matching the ditches 8 inches wide and 6 inches dce . sutmundin road. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: K ~ A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 26 ATTACHMENT "B" POLLUTION SOURCE CONTROL PROGRAM Pollution source controls are actions taken by a person to reduce the amount of pollution reaching surface and ground waters. Controls, also called `Best Management Practices" (BMPs) may include: • Avoiding the activity • Altering the activity to be more "environmentally friendly" • Routing caitaminated runoff to a dedicated treatment area Copies of BMPs from the Department of Ecology's Stormwater Management Manual for Western Washington are included at the end of this attachment Vegetation Management Plan All disturbed areas within the project limits have been seeded to control erosion and provide qualitative water treatment. These areas must be maintained in order for the stormwater facilities to function correctly. Source Control Plan Source control can be most effectively maintained by education of the residents within the subdivision. The residents shouts be aware of how the stormwater is disposed of and that any contamination entering the disposal area may affect their drinking water. Source control language is included in the residential agreement. The following list includes some of the BMPs available for source control. • Assign one or more individuals to be responsible for stormwater pollution control. Hold regular meetings to review the overall operation of the BMPs. Establish responsibilities for inspections, operation and maintenance, and availability for emergency situations. Train all team members in the operation, maintenance and inspections of BMPs, and reporting procedures. • promptly contain and clean up solid and liquid pollutant leaks and spills including oils, solvents, fuels, artd dust from manufacturing operations on any exposed soil, vegetation, or paved area. • Stencil warning signs at stormwater catch basins and drains, e.g., "Dump no waste." • Recycle materials, such as oils, solvents, and wood waste, to the maximum extent practicable. • Clean up debris from residential yard areas regularly. ~~ ~F THE P~I Q r~ YELM WASHINGTON Ci o Yelm 901 Rhoton Road / PO Box 479 Yelm, WA 98580 360-458-8406 Transmittal Letter To: Smitty Jon Attn: Items transmitted for: Review and comment As Requested Remarks: Date: March 24, 2005 Re: Project Name: Buckhorn Estates ^ For your records ^ Other Please review the attached civil plans for Buckhorn Estates. Your comments are due NLT March 28, 2005. Signed: Tim Peterson Public Works Director cc: File 7 ~~ ~ ^ Date Recd Back from Smitty ?~y ~ eS ^ Date Recd Back from Jon ^ Date Forwarded to CDD C:\Documents and Settings\deonne\Desktop\PROJECT REVIEW TRANSMTL.doc AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/ULID/LATECOMER) THIS INSTRUMENT is entered into this day of , 20 , by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and PROJECT FORE -Barry Howard -Owner, hereinafter referred to as the "OWNER." WITNESSETH: WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington: Tax Parcel Number 21713310101 described as the S 1 /2; N 1 /2; NE 1 /4; S W 1 /4 of Sec.13 ; T 17N; R1E. Also known as Lot 2 of LL-0437 as recorded in volume 3, Page 153, AFN 0703050055 in records of 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 the conditions set forth hereinafter. Page 1 of 3 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners: X Sanitary sewer system improvements; X Water system improvements; _ Storm water system improvements; _X_ Street improvements; Street Lighting improvements; X Sidewalk improvements; -r1~v~ ~x~si~,r, v~- ~I-r which improvements are more specifically described as follows: W ~~ ~--5~~ 0~1 v.r. y ~-ln~. iJ car~.~r~ Par--i w~ a ~ ~ ~uchurr 3. The OWNER hereby waives all rights to protest against future Local Improvement fcS~s 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 the Instrument, "rights of protest" shall mean only those formal rights to protest 1 TTT TT\ T /l 7• _ .] A •.~L~~L ,~~ ~~ L I;UIlIdlile(I Wlllllll II1C LIL, VL1L VI LdlGl:ulllct vIUlllAIi~.G [lliu r~~i~~iiiciii ~~a~uw~, ~,riwY~, 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 Yehn, 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 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. 6. The OWNER hereby declares that _PROJECT FORE- Barry Howard- Owner__ is/are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney. Page 2 of 3 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 the Instrument shall be a period often 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 OF YELM OWNER By: City Administrator STATE OF WASHINGTON COUNTY OF THURSTON ss. On this _ day of , 20_, personally appeared before me , 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 purposes herein mentioned. Notary Public in and for the State of Washington, residing at My Commission Expires: Page 3 of 3 CITY OF YELM Tami Merriman From: Dawn Breen [BREEND@co.thurston.wa.us] Sent: Wednesday, March 23, 2005 9:17 AM To: Tami Merriman Subject: Re: Buckhorn Estates Final Plat Hi Tami. One of my co-workers had this project on her desk for review...she is not here so I took it at your request. Here goes.... 1. Please correct the legal description on the Plat to reflect the prior Large Lot Subdivision numbered 0437 like the title report shows. 2. Please label the Open Space tracts for their specific uses either on the tracts themselves or in the margin. 3. Please change the line type for the roadway to a solid line so that it looks like it will become a part of the City roadway system or label it Private Roadway which ever is the case. The line type used makes it look like it is an easement and the lot lines are not difinitive. 4. The landowner is not Project Fore but Barry Howard. 5. The prefix for this plat will be 3754. Thank you for the opportunity to review. Dawn »> "Tami Merriman" <tamim@ci.yelm.wa.us> 03/23/05 8:26 AM »> Hi Dawn: Could you do me a favor? I sent in a final plat map for review... Buckhorn Estates. Could you check for me who is doing the review? We had an issue come up where we are trying to get it to an earlier council meeting, and wondered if I could get the comments emailed to me by Friday the 25th. The comment date was Monday the 28th. I don't normally ask to push a review, but unforeseen circumstances came up. I appreciate your help. Tami Merriman Assistant Planner City of Yelm 360.458.8496 After~ordi_nB. rum: Yalm Community Schools District No, 2 P. Q. Hox 476 Yelm, WA 98597 Attn: Erling M. Hirkland MITIGA,T)(ON AGREEMENT' litefereace No: City of Ye1m, Sll8-03-6346-YL Grantor: 1. Project Fore 8srry Howard 945 113' Avenue SB Olympia, WA 98501 Grantee: 1. Yelm Community Schools District No. 2 LegalDescarfiptlon: Sec 13, T17N, R1E Assessor's Properq- Tax Parcel Number/Account Number: 21713314101 THIS IWTIGATTON AGREEMENT ("Agreement") is made this ~ of ~~• , 2004, between the YELM COMMUNITY SCHOOLS DIST`RICT' NO. 2, Yelm, Washington (the "District") and Project Fore (the "Developer"). RECITAL A, The Developer has submitted an application to City of Yehn for the construction of a 21 lot subdivision near Yelm, Wash. (the "Project"). The Project is loeated oa property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environments] Policy Ant, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major a+ctivns by atatie and local agencies, including, but not limited m, plat or PUD approval or the issuance of building permits, :nay ~ reviewed do determine fire nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student poputatioa and growth projeedons indicate that the Project will have an impact on the District, when cumulative impacts of other projects aro considered. p. RCW 82.02.020 authorizes the District to ~tttea' into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. I !' I II„~} ~I„~ ` ~ I~ H~l~ea~2l~{SO 114aeA I~ V61 M rnr~nuNrrv erunn.~ otyt !22 _aa Thn~alen Co. Ws. E. Pursuant to Resolution No. 12-16-93-05, it is tho policy of the Dieh~lct to reooa~mend that the direct impact of development be voluntarily mitigaocd by the payment of fees and/or other mitigatirnt measures where appropriate. F. The Developer has agreed to mitigate, on a volurttaYy basis, flue adverse Impact of the Project oa the District. ~~ NOW, THEREFORE, in consideration of tine above recitals and the mutual promises and covenant, below, the District and the Developer agree as follows: 1. The Developer admowledgas sad agroos that there is a direct impact on the District as a result of the Developer's Project and that thin Agreement Is necessary as a r+esnlt of that impact. 2. The Developer acknowledges and agrees that in order td mitigate the direct impact of the Project, dte Developer has offered m pay the District the following attm of money: One Thousand Seven Hundred Eleven and noi100 Dollars (S 1,711.Od) for each lot in the subdivision or the total sum of Thirty Four Thousand Two Hundred Twenty and no/100 Dollars (534,220.00} (the "Mitigation Payment") for 20 lots of dte subdivision. 'The amount referenced by this pars~raph i$ subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results m an adjustment in the number of lots shall resuh in a cot~eaponding pro rata adjustment in the Mitigation Payment, 4. The Developer agrees that the payment of the Rill Mitigation Payment (in the amount of One Thousand 8aven Hundred Eleven and no/100 Dollars (51,711.00) par dwelling emit or Thirty Four Thousand Two Hundred ~renty and nui100 Dollars (534,220.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. if building permit issttar-oe does not occur within Five (5) years fi+am the date of this Agreement, dte amount due for mitigation, as stated in paragraph 2 above, shall be modiRed to the eruoum reflected in the then most recent mitigation agreement to which the District is a party. A copy of each agteanaeent shall be made available to Developer upon request. 5. The District agrees to record this Agreemem after it has bean etcecttted by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized W be used for capital impravacnanta to the following facilities: Southwordt Blementary School, Mil! Pond Intermediate School, Yehtt Middle School, and/or Yelat High School and/or any other facilides that may be affected by the Project andlox the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has ffve (5) years from the payrnant date to spend the Mitigation Payment for fhe capital improvement or expenditures described in paragraph 6.. In the event that the Mitigation Payment. is not expended within those ftve years, the rhor-oys wilt be refitmdad with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payrneztt shall be refunded without interest. 8. The Devclopa~ waives and rolinquishes its right to proteaf or ahalleage the payment of the Mitigation Payment pursuant to this Agreemnent sad hereby eovenemts sad undertake that it forever refrains and desists from iruei6ut'mg, as,artittg, filing or bringing m-Y lawsuit: litigation, claim, ar challenge or proceeding to ahallenga this Agreement, eIaim any repayment or reimbursemem of funds, performance or improvemeastts provided for theroin, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presoatly proposed. 10. The District and the Developer agree that the Mitigation Payment will be full end complete mitigation for the impact of the Project as presently proposed on the District. 1 ]. This Agreement shall be binding upon and itwre to the bettafit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. e1e/7N~2~Oeeatt4een Y~LM COMMUNITY SCM~OLS QGR s~z.aa T~.....~.... rt.. u~ 12. If as action mnn be brought m eafvtoe the term' of this A,gn:emont, such action shall be brought in Thurston County Superior Cart. The prevailing party shall be entitled to payment of its cone and reasonable attorneys' fees. 13. This Agreatnent aortatitutes .the entire agreement between the panics and any other agreement either written or oral shall be null and void. EX>:IIBIT A LEGAL DESCRIPTION General Location 8495 Mountain VieNV Road. SE. Yehn. WA Section 1~, Township ~ Range ~ Land Area 4s 1a r~ .Tax Parcel Number: 21713310101 YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: ~ ~ ~ ~ ~ ~ ~ y~ ~./;-~ Sy: Alan Bwke Yts Superintendemc STATE OF WASHINGTON ) )SS COUNTY O~ THURSTON ) I certify that I ktmw or have satisfactory evidence that .'~laar Burke is the•person who appeared before me, and• said pet~a aeimawledged that he signed this iastrtune-tt, rot oath stag that ho was authorized to •exeeute the instr~maent and acknowledged it as the Sulreriabendent of the Yehn Community Schools District )`io. 2 to be the free and vohxntary act of such party for the uses sad purposes mentioned in the instrument. Gi under my hand sad official seal this _,~ day of,,,~Q~~,Q~(~,_, 200'$ "~s~iw~u+al~re tR ~./ ~~~`~,,`~' ~~~' fir. p,~ r L~ !. ~~~~ ~ ~~~is....~~~~~ri N.., ARY LIC In a~ad forthe StatO of •~ °'~.a u . tie ~fi. ~ ~ ~- - •• Washingtcm. res;ding at `•~~i ~'10~~~Y~* 1~,~ 'jVl C~mtttlasioa ireB: ~~'~'`7-V~ ~... r~ ri~~g.~Q~. •a ~. Or .W ts~ ~~`. ~`•Y'~ ~~{~~ma Pof 4 we: • ~ 11/iY/2NG 1icYeA YELM C01'N1NNtTY SCHOOLS AGR s3Z. ee Thu~slon Co . Lla . DATED: ~Z r~J~ 0/ STATE OF WASHIIVGTON ) )ss COUNTY OF THURSTON ) Hy: B H Its I certify that I krww or have satIsf~ctory evidence that Batty Howard is the person who appeared before ins, and said pers~ sdmowledged the he sued this inatrv~aent, on osth stated ~tbat he was authorized do execute the instrument and aclmowledged it as the appliOant ftn' this subdivision to be the free sad volun act of such patty f+or the uses and p~~ses tttaatlone is the inatrumer-t. '~;~~ my bend and official seal this day of 004 .~ - :•.t: ~ ~~C•'~A ; ~,a,E~°;: ~~ ARY FUB~.IC in and the State of ~-~~,u:~ o~-o:.~~~ °` Washington, residing at :~ s~a.~~.--~.~~.~~t! C eta ,Q My Cotnmiesion Exrires: ' / k ~ ~~ ~ ~ et~t~z~s~ +~osa Y6L11 COMMta1xTY SCHOOLS AGR =22.00 Thurslo~ Ca . Ws . ~, ~, ~~ ~~~~ ~~ 1- ~~ ~ _, ._ ~ ._~-k- ~C- ~ ~ ~ r7 ,- ;~ ~ ,~ `. {, _ ~ ~ , ~~ f" w ,~****TWO THOUSAND NINE HUNDRED FOURTEEN D~JLLARS & 00 CENTS OJECT FARE INC 04/04/05 36055 2,914.00 CHECK 3571 O. BCY 15113 YTiPIA, ~JA 98511 p4ISCELLANEOUS RECEIPT GRETCHEN ~~~lER INSP. 145.00, SEWER ERU 2769.0a B03-8346 BUCKHORN ESTATES ,: ,, l'la •ta ai ~'S a+s 1- ezr-r•~-••~~y~+~a{a ~_, ~!' r ".'4=" t - •~."'^,'."' -^-^~-+-.•^..+r,..-r,__ ~r ~ ****SEVEN HUNDRED FIFTY DOLLARS & 00 CENTS REGE~` __ ~-F'i0i,? JAT= Rc~. NO. Ap,10UNTr'iE=. ~;G. PROJECT FORE. INC 03/15/05 35899 750.00 CHECK 3444 PO BOX 15113 OLY1~iPIA, WA 98597 PiISCELLAPJEOUS RECEIPT DIANA BUCKHORN ESTATES FINAL PLATT i'~~-"~p~ CIT~C OE ~ it ~ YEL11~1 ~ /`/ P.O. Blcx 479 '~+ lr~{ l~ ~. PI.'Y:_ ~J11 r, "~v~% r daeY~~~~ ~V. V~ L ~ ~ ~ '~ YELA3 3c0-4~8-R403 RcCii~,/'~ ****ONE DOLLARS & 67 CENTS PROJECT FORE INC 03/15/05 35900 1.67 CASH PO BOX 15113 OLYMFIA, WA 98511 MISCELLANEOUS RECEIPT DIANA LID 01-038 HOWARD _ _- - -- r3~ ,if Tr3E p~_!U - - - --. __ _-- --F----- -- T~, ® ~ i i ^ ~ i / ~ ~~~~ ~ 1 1 ~'E L ~r~ ~ %/ ~ ~ P.O Bcx s'g q~v~ 360 4~8-8403 ~~~~,~~ ~~. ~~ 5 8 9 0 REa `1`J~ ****EIGHT HUNDRED FIFTY DOLLARS & 00 CENTS R~^F;vFa =„~~, c~,~ ~ Ric. r~o. n'v?ouN-- 4" r,v. PROJECT FORE INC 03/15/05 35890 850.00 CHECK 3542 PO BOX 15113 OLYTiPIA. WA 98511 MISCELLANEOUS RECEIPT DIANA LID SEGREGATION APPLICATION BUCKHORNE ESTATES ~pF ttlE p~~ I,a~ ~ Ci o 'elm 105 Yelm Avenue West P.O. Box 479 YELM Yelm, Washington 98597 WA3HINOTON (360) 458-3244 Transmittal Letter To: Company Address: City, St Zip: Interested Parties Date: March 16, 2004 Re: Buckhorn Estates File No: SUB-03-8346-YL Name: Project Fore Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find project information for Case Number SUB-03-8346-YL, Buckhorn Estates, fora 21 lot single family subdivision on 4.81 acres. Please reviev~~ and submit comments to the City of Yelm, Community Development Department, on or before March 28, 2005fhrt. Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider Transmittal Letter To: Thurston County Assessor Date: Company: Thurston County Assessor's Office Re: Address: 2000 Lakeridge Drive SW, Bldg. 1 File No: City, St Zip Olympia, WA 98502 Name: March 16, 2005 Buckhorn Estates SUB-03-8346-YL Proiect Fore Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-03-8346-YL, Buckhorn Estates, fora 21 lot single family subdivision on 4.81 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before March 28, 2005. You may email your comments to Tami Merriman at tamim(a~ci.yelm.wa.us. Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Dennis Baker Company: Geomatics Land Survevin~ Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Date: March 16, 2005 Re: Buckhorn Estates File No: SUB-03-8346-YL Name: Proiect Fore Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-03-8346-YL, Buckhorn Estates, fora 21 lot single family subdivision on 4.81 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before March 28, 2005. Signed: Roberta Allen Community Development Administrative Assistant YELM CHAMBER OF COMMERCE YELM POST OFFICE CITY'S SURVEYOR PO BOX 444 POSTMASTER YELM WA 98597 SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 GRANT BECK CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 DAVID LEE VIACOM CABLE 2316 SOUTH STATE TACOMA WA 98405 TIM PETERSON CITY OF YELM PUBLIC WORKS TODD STANCIL CITY OF YELM POLICE DEPARTMENT GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 CHIEF RITA HUTCHESON THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 NORM LEMAY LEMAY, INC. 13502 PACIFIC AVENUE TACOMA WA 98444 NANCY RICHARDS THURSTON COUNTY ASSESSOR'S OFFICE 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 JOHN DICKENSEN PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 AMA ,OR AD/{M RI~AS CI ~~,OF YEL''M \ PO (~X 479 Y A 985 y ~~ ~ lL~rj ~ c ~~PLI~~rtIC~/t~ ~,~. ~ ;~ r~ ~t- Monday, October 04, 2004 Final Plat App Transmittal Appli- Full 11 x Storm Lot Title Full Size Letter cation Size 17 Drain Closures Report Addressing Map Map Report Map submitted prior to a lication Thurston Co. 1-special 1/ 1 1 1 Assessor City 1 1 1 Administrator Shell Bad er Yelm Police 1 1 / 1 Chief (Todd Stancil Yelm Building 1 1 1 3 Official (Gary Carlson Thurston Co. 2 2 / 2~ Fire De t. - 2 YCOM Networks 1 1 ~ 1 Puget Sound 1 1 1 Ener v City Engineer 1 ~ 1 V 2~ 1 Jim Gibson CDD Planning Tech (Tami 1 Photo co~i 1 V 1 X X X Merriman of all does CDD Director 1 1 ~ 1 Grant Beck ~ Thurston Co. 2 2 / 2 Communications ~ ~/ Ca Com - 2 Yelm 1 1 1 ~ Community / ~/ ~/ Schools LeMa Inc. 1 J 1 ~- 1 Viacom Cable 1 ,~ 1- 1 Yelm Post Office 1 1 1 Yelm Chamber 1 ~ 1 / 1 of Commerce Yelm Public 1 1 1 Works Tim City Reviewing 1 -special 1 2 2`/ 1 Surve or File on final on final 1 on final on final on final on final 1 Total 2 special, 21 8 16 2 4 3 4 19 re ular Transmittal Letter -one special for Surveyor, one special for Assessor -listing what we're sending. Then one for everyone else just saying "enclosed is project information." R:\Forms & Procedures\Final Plat\Distribution of Items submitted with final plat.doc Page 1 of 1