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Applications and OriginalsCity of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Larry Schorno From:- Tami Merriman, Assistant Planner Date: August 7, 2003 Re: Refund Dear Mr. Schorno: Attached please find a check in the amount of $500 as refund of over payment of fees. Your new application fees were only $500. Also, we will not be performing an environmental review for the short plat. We will hold onto the checklist until such time that you submit for the first commercial building. If you have any questions, please call me at (360) 458-8496. Sincerely, Tami Merriman Assistant Planner cc: Geoff Sherwin, Apex Engineering R:\Project Files\SUB Full Plat Subdivision\8347 Prairie Plaza Short Plat\schorno memo.doc City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Barb Bange, Senior Accounting Clerk From: Tami Merriman, Assistant Planner Date: July 31, 2003 Re: Refund of overpayment of permit fees. Barb: Please refund Rocky Prairie Corpbrtion $500.00 for over payment of permit fees. Rocky Prairie Corporation submitted an application for a Binding Site Plan on May 12, 2003. Rocky Prairie Corporation paid permitting fees totalling $1,000.00, receipt #27187. After review of the application, it was determined that the applicant should be submitting for a short plat. The applicant withdrew their application, and have now resubmitted for a Short Plat. The fee for this Short Plat application is $500.00, leaving a balance of $500.00 New Permitting Char Short Plat $250 + $50 per lot = $800 If you have any questions, please contact me. Thank you, ~- Tami Merriman Assistant Planner R:\Project Files\SUB Full Plat Subdivision\g347 Prairie Plaza Short Plat\refund memo.doc Memorandum To: SPRC From: Tami Merriman, Assistant Planner Date: August 1, 2003 Re: SUB-03-8347-YL - Project Review Schedule for Prairie Plaza Short Plat Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. August 13 & August 20, 2003 -SPRC project review. Department comments/conditions of approval for staff report. August 29, 2003 -Complete Letter of Approval. R:\Project Files\SUB Full Plat Subdivision\8347 Prairie Plaza Short Plat\Proj Rev Date Memo.doc '1 / OF Txf p~ ~ KeyBank National Association ~ O ~ o "CITY OF YELM „ 4 a P.o. eoxa79 YELM. WA 98597 , ,9-~~,~ NO. YELM 1360) 458-3244 : CLAIMS FUND N I ; I , ~ ~, l u l{ i .ll f~i ,~ PAY TO THE ORDER OF DATE CHECK NO. AMOUNT 8/4/03 206.24 $500.00%'~ ~`~~~ ROCKY PRAIRIE CORP ~~ , P . 0 . BOX / 0 0 CITY CLERK /TREASURER ALLYN, WA 98524 ~ , a ,.., . r 1-ULl ~2~ITI1 t f Ee S- _, . _, „..: COUNTERSIGNED.."..MAYOR 11'0 2 0 6 2 411' 1: L 2 5000 5 7 41: 00 50 600 7 L 711' SECURITY FEATURES- MIv RO PRIN7 TOP & BOTTOM BORDERS -COLORED ?T-TTc F~! ~ ARTI FiC IAA WP.TERMARh; ON RBV EASE 5!ve ~ ht1SSING Fc:.TUfiE iN~1CA c5 A COPY DATE INVOICE ACCOUNT NUMBER NET INVOICE AMOUNT DESCRIPTION CITY OF YELM, P.O. BOX 479, YELM, WA 98597 REMITTANCE ADVICE ~~ ~H~ ~~ City of Yelm w ''~~, Community Development Department a ~ P.O. Box 479 f' ~~ Yelm, WA 98597 (360) 458-3835 ~YE~.~ s (360) 458-3144 FAX a,.-..:.~., Memorandum To: Barb Bange, Senior Accounting Clerk From: Tami Merriman, Assistant Planner Date: July 31, 2003 Re: Refund of overpayment of permit fees. Barb: Please refund Rocky Prairie Corportion $500.00 for over payment of permit fees. Rocky Prairie Corporation submitted an application for a Binding Site Plan on May 12, 2003. Rocky Prairie Corporation paid permitting fees totalling $1,000.00, receipt #27187. After review of the application, it was determined that the applicant should be submitting for a short plat. The applicant withdrew their application, and have now resubmitted for a Short Plat. The fee for this Short Plat application is $500.00, leaving a balance of $500.00 New Permitting Charge: Short Plat $250 + $50 per lot = $500 If you have any questions, please contact me. Thank you, Tami Merriman Assistant Planner R:\Projcct Filcs\SUB Full Plat Subdivision\8347 Prairie Plaza Short Plat\rcfund memo.doc N ~, ,~, ~~ J ,~J ~ \~ l ~~ ~~~ ~ ~~~ l~ i-~ ~c~~c-~i.~ ~ ~~ ~ ~y ~;~f 5 ~~ ~t ~~ _ -- ~~ ~~. ,~ i ~- ~i~~, ~ ~ ~ C ~-~~~~a ~ ~ ~. C _C~- ,~~ ~,, , C. ~~ ~;..., ~(~_ ___._ _ _ _T___ Qk' f THE pA~ ~~ 1 ~ o T` a m ~~~ P.O. Box 479 RE~E~~T ~O. 2 7 Yeim, WA 98597 ~~3,:yg 360-458-8403 3ECElVED ****ONE THOUSAND DOLLARS & 00 CENTS RECEIVED FROM DATE REC: N0. AMOUNT ROCKY PRAIRIE CORP 05/12/03 2718.7 1,000.00 CHECK P.O. BOX 700 ALLYN. WA 98524 360-275-7216 t4ISCELLANEOUS RECEIPT GRETCHEN REF. NO. 3453 PRAIRIE PLAZA SPR Transmittal Full Name: Tami Merriman Company: City of Yelm Address: PO Box 479 Yelm, WA 98597 Date: 7/29/03 Regarding: Prairie Plaza Short Plat Application File/Task: 25507/1 Comments: Business: Business Fax: Email: Total Pages: (360)458-8496 (360)458-3144 p eK Engineering tmerriman@ywave.com Tami, per our conversation this morning I have included the appropriate number of the following items for the shortplat application and the civil drawings submittal. ~ 3 Stormwater Drainage Reports ~~ 8 1/2 X 11 reduced copy of the plat map 1 11 X 17 reduced copy of the plat map > z. 4) 1 Environmental Checklist ~- ~-fir t ~ ~ L ~ =~ ~ ` 5) 1 copy of the Short Plat Application for with other associated documents 6) 12 copies the full size plat maps 7) 10 copies of each civil drawing Call me if you have any questions. Tres Kirkebo Copy to: Fax: Sender: Email: 2601 S. 35`h Ste 200 Tacoma, WA 98409 (253)473-4494 Fax: (253)473-0599 PLEASE NOTIFY US IMMEDIATELY IF NOT RECEIVED PROPERLY kirkebo@apexengineering.net ~a~ m 2 U ~ m~a w p U 2 2 ~ ~ ~ 3~5 <~ ~m ~ ~ 1 LL N N ~ y Q O 3 ~ >< N Q > ti ~ ~ _ a ~ ~?~~~ F ~ ~ ~ m N 8'.'s,' a ~ ~~~~ C ~ ~. a~ ~~ff~ w j3 w m~~ qq3 ~ ~ ~~ a a a ~ $~ Z ~ ~~ e ~~~ ~ i '~ € i 1~ B~ ~>~~ ~ u~~3 ~ j ~1~ ~~~ Q a ~ ~ ~~~~ ~o ~ . ~ .. ~ R r N N 2 Q~Q ~S N Z Q ~~SON a~~~ ~i ~u ~;FJ/ ~ ~ I /% PLAZA DRIVE N S00'54'03'W 230.05 N00'S4'03'E 30d7J' it ~ a ~: r r- N U ~D~p x~ (, ~' tnr,5a ~ T Z8Q1 rn N~ ~j b(/~~o~ ¢ ~ ~~~c ~ n V_J -~/ 'p N N> A~~ ZS„no ~ ~g~~w-~,AS'OO ~ ~RpC]®~~ Bo0•®~ <g~~ °~~ 8 d ao nn < D }. u ~~mz wzxN`"n ~ to o a~ni`c'~"~'n o ~' a ~ Q`~'~~ ~ 0 f a s° O "~ ~ ~ N ~ ~ z z ~ ~ c ~ ~- 4c c a ~ ~ i rn A rn ~ ~ ~" ~ ~ CcD z s ~ ~ ~ p=O o ~ `c ~ rA., r~ 6" r~ ~ ~4.~y V O ~ `I D -~/ -i t+ A \ (~ ~vw ~ °w A ~ D x ~ ~ _ -' s D ay-. m "d Z ~'CC~~~]] ~ C7 O A~ ~ ~ ~ ~ ~ Q~ = N Z~~ 4 Z Y/ ~O~ _1 2 y Z ~ "~ -1 Z ~ ~ ~ O Y~ O --i Z zO O z ~ vDi~~ ~ Z~y~ ~ r~'v 8n Wos Z a ° ~ ~ ~~~ ~' z C~J ^j ~N NOn o ~ ~ ti ~ x n ~ ~ ~ o V N N~y ~~ ~ N y N 11 N N ,,L3• I~ 7 "I '~i ~~ ~11~~; , ~, ~~ i ~;~~ I ~~ 1 , .~~ k S Y• IY ~~ ' ~ •~ I ~ -- /~~% N o o I() ~r~i/ D O ~O ~Z N ~ ,~ ~~~ L .~ m ,,,_, 1f1~1~ ~~~~_~VV/ ~~ 9 ~ ~ s~~rn a ~o-v = ~ „ ~ r ° ~~~ nrnD ~ M ~D , 68 V• ~p ~ ~ i ~p~ \/^Z~/ `~, p \J Z `` oN~ C O ~ ~~ n°r ~~D ~ '~ ~~ ~ O ZO r ~ U ~ ~ ~_ y y a a~ ~ ~ ~~ ~ i ~ ~ ~° ~ ~ a Z '~ /\ ~ \.~/~ 'X, .... `~ O ~ W v 0 v 'a C O .~ (~~''!! ~i N t~ C L '_ C C ~, o o p, C v OVA p ~ [, ~ o ~ C v ca C 4 0 a~ ~ "0 ~ ~ ~ N N ~' ~ C N ~ N U .o ~ ~ p ~~ C z ~° ~ o N ~ ° ~' ~ w .~ E, ° `'=' ~ ~ ~ "' ~ ~~ ~ ~py~ y,~ ~/ "d Q ~ W p p N ~ CO v ~ C ~ o ~ a ~ ~ a ~ ~c~o .c o `~' ° C ~ v o Nqq C ~, ~ cuc ~ L ~ a C ~ ~ ~' > ~ O w ,~'', w. 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A 'b ` w o ~ ~ `n ~ o w Go ~ G ~ ~ a a. ^; n O ~ ~ ~ y G , p ~ ~ A Z 0..b .H. ~ Q' 0 ~ p vG, ~ ~ ~ ~` ~ o O ~ r o~~ ` n ~~ n z ~~- ~ ~ n ~~, a p ^ ~C` h ~A~ o dC ~" ti ] ~"o„ o A m ~ "II ~ O ~ o ~ ^ y ~ h 0~ ~ ° ` p" ~ ~ ~ . -. p ~ " ~ A ~ n' O i ~~ -tt ^ ~ n. h ~ n G C ~ G CL p ~ On p n ~ ~ `C p 'tJ ~ ~ Q. ~ h w ~ ~ n H n ~ ~ n p ~, ~, h o 0 a7 0 '"~ R w n IOC ~ ~ w ~ ~ v, ~ ~. • p p ~ ~ R' ~ n r G ]' ~ ~ n ~ w p 7y ~ 0 0 ° 'C n p ~ ° o y ,7 'C7 ~^' n ~ O ~ ~' _ 'tJ S. b n w O ~ ~ Q. n •'O ~ o ,~ ~- ~` ~' ~ x ~. rt H ;~ °_`12.5173 MISCELLANEOUS GUARANTEE GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A ~ PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. d Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. f ~ -;~~ ~' Dated: April 24, 2003 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. ~ :~:z t r~'• a` ~" PACIFIC NORTHWI'ST TITLE :~` k' x~ ~ F~ 4 ,y "~ ,, ~~ ,,N; Insurance Company, Inc. ~S~t~t~e rxw~q~~~ ~3i~ CORPORATE 's} o ~' SEAL `_ `~6f926 ,.+~,~~! ~ ~ASMINGtG~ President Countersigned by: Authorize ignatory Nicole Kinney Company i 17urston County Title Company 105 East 8th city, State ;360) 943-73 0 FAX (360)186.9315 G•1103.5329 GUARANTEE CONDITIONS AND STIPULATIONS 1. Detlnitl0n Of Terms -The following terms when used in the Guarantee mean: (a) "the Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land":the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. EXCIUSIOnS from COVerage Of thlS Guarantee -The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1 ), (2) or (3) are shown by the public records. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims againstthe title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. 3. NOtICe O( Claim t0 be GIVen by Assured Claimant - An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. NO Duty t0 Defend Or PrOSBCUte -The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to COOperate. -Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves [he right, in its sole discretion, to appeal from an adverse judgement or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 6. Pr00f Of LOSS Or Damage - In addition to and after the notices required under Section 3 of these Conditions and Stipulations have teen provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured underthe Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law orgovernmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. Options fo Pay or Otherwise Settle Claims: Termination of Liability -Incase of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shah terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company of cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Llabillty -This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances setforth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liahility (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company. 10. ReduCtjon of Liability or Termjnation of Liability -All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. Payment of Loss (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 12. SUbrOgatlOn Upon Payment Or Settlement -Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbllratl0n -Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys fees to a prevailing party. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. 14. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 15. NOtiCBS, Where Sent -All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this guarantee and shall be addressed to the company at 215 Columbia Street, Seattle, Washington 98104-1511. MISCELLANEOUS GUARANTEE SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 126173 G-1103.5329 April 24, 2003 at 8:00 a.m. $1,000.00 Name of Assured: APEX ENGINEERING The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: Parcel B of Boundary Line Adjustment No. BLA 02-8307YL, as recorded September 26, 2002 under File No. 3464876. In Thurston County, Washington. Title to said real property is vested in: EDWIN OBIE and NAOMI K. OBIE, husband and wife, as to Unit 1; GORDON J. GROBELNY, as his separate estate, as to Unit 2; SPIKAH, LLC, a Washington limited liability company, as to Unit 3; DAVE D. MILLER and LAURA JEAN MILLER, husband and wife, as to Unit 4; ALBERT M. VICTOR, as his separate estate, as to Unit 5; ROGER A. GILBERT and GLORIA L. GILBERT, husband and wife, as to Units 6, 7 and 8; MICHAEL R. JOHNSON and INSUK JOHNSON, husband and wife, as to Unit 9; ROCKY PRAIRIE CORPORATION, a Washington corporation, as to the remainder Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title tc any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Subdivision Guarantee Page Y SC~IEDULE A (Continued) File Number: 126173 Policy Number: G-1103-5329 Additional Exceptions: 4. Deed of Trust dated March 26, 2003, recorded April 1, 2003, under File No. 3517201, to secure an indebtedness of $230,000.00; and any interest, advances or other obligations secured thereby; Grantor: Edwin Obie and Naomi K. Obie, husband and wife Trustee: Chicago Title Insurance Company a corporation Beneficiary: Michael I. Shelton and Deborah A. Shelton, husband and wife (Affects Unit 1) 5. Deed of Trust dated May 14, 1999, recorded May 21, 1999, under File No. 3232326, to secure an indebtedness of $83,507.88; and any interest, advances or other obligations secured thereby; Grantor: Gordon J Grobelny, a single man Trustee: Thurston County Title Co. Beneficiary: First Community Bank of Washington (Affects Unit 2) 6. Deed of Trust dated September 11, 2002, recorded September 12, 2002, under File No. 3461708, to secure an indebtedness of $28,547.08; and any interest, advances or other obligations secured thereby; Grantor: Gordon J. Grobelny, a married man as his separate estate Trustee: Thurston County Title Co. Beneficiary: Sandra M. Menge and Steven M. Menge, wife and husband (Affects Unit 3) Deed of Trust dated September 28, 1998, recorded September 30, 1998, under File No. 3182414, to secure an indebtedness of $80,000.00; and any interest, advances or other obligations secured thereby; Grantor: Sandra M. Menge and Steven M. Menge, wife and husband Trustee: Thurston County Title Company Beneficiary: Rocky Prairie Corp., a Washington corporation (Affects Unit 3) The beneficial interest under said Deed of Trust was assigned by instrument recorded August 9, 1999, under File No. 3247821, to Lawrence J. Schorno and Gail L. Schorno, husband and wife. Deed of Trust dated April 3, 2001, recorded April 5, 2001, under File No. 3344909, to secure an indebtedness of $78,000.00; and any interest, advances or other obligations secured thereby; Grantor: David D. Miller and Laura Jean Miller, husband and wife Trustee: Pioneer Title Company Beneficiary: Rocky Prairie Corp., a Washington Corporation (Affects Unit 4) Subdivision Guarantee Page 2 SCHEDULE A (Continued) File Number: 126173 Policy Number: G-1103-5329 Deed of Trust dated September 25, 1998, recorded September 25, 1998, under File No. 3181742, to secure an indebtedness of $79,000.00; and any interest, advances or other obligations secured thereby; Grantor: Albert M. Wictor, a single man Trustee: Thurston County Title Company Beneficiary: Rocky Prairie Corp., a Washington corporation (Affects Unit 5) 10. Deed of Trust dated September 28, 1998, recorded September 30, 1998, under File No. 3182416, to secure an indebtedness of $80,000.00; and any interest, advances or other obligations secured thereby; Grantor: Roger A. Gilbert and Gloria L. Gilbert, husband and wife Trustee: Thurston County Title Company Beneficiary: Rocky Prairie Corp., a Washington corporation (Affects Unit 6) 11. Deed of Trust dated September 24, 1998, recorded September 25, 1998, under File No. 3181740, to secure an indebtedness of $150,000.00; and any interest, advances or other obligations secured thereby; Grantor: Roger A. Gilbert and Gloria L. Gilbert, husband and wife Trustee: Thurston County Title Company Beneficiary: Rocky Prairie Corp., a Washington corporation (Affects Units 7 and 8) 12. Deed of Trust dated September 29, 1998, recorded September 30, 1998, under File No. 3182418, to secure an indebtedness of $140,000.00; and any interest, advances or other obligations secured thereby; Grantor: Michael R. Johnson and Insuk Johnson, husband and wife Trustee: Thurston County Title Company Beneficiary: Rocky Prairie Corp., a Washington corporation (Affects Unit 9) 13. Easement delineated on the face of the plat of said subdivision; for ingress, egress and utilities for Parcel A. (Affects a portion of said premises) 14. Declaration of Boundary Line Adjustment and Covenants; Recorded: September 26, 2002 File No.: 3464876 (Copy is hereto attached) Subdivision Guarantee Sage 3 SCHEDiJLE A (C®ntinued) File Number: 126173 Policy Number: G-1103-5329 15. Exceptions and reservations contained in Deed from the State of Washington, whereby the grantor excepts and reserves all oils, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, and developing and working mines, etc., provided that no rights shall be exercised until provision has been made for full payment of all damages sustained by reason of such entry; and upon paying reasonable compensation, to acquire rights of way for private railroads, sand or gravel, logging and/or lumbering railroads, skid roads, flumes, canals, water courses, or other easements for transporting and moving timber, stone, minerals or other products from other lands, contained in deed from the State of Washington, recorded under File No. 561469. 16. Easement orquasi-easement, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: July 21, 1987 File No.: 8707210080 In favor of : County of Thurston, State of Washington For: The right to make necessary slopes for cuts or fills upon that portion of said premises abutting Yelm Avenue 17. Declaration of Short Subdivision and Covenants; Recorded: July 17, 1987 File No.: 8707170007 Re-recorded: April 24, 1992 File No.: 9204240239 (Copy is hereto attached) 18. Private Road and Utility Easement as shown on Short Subdivision No. SS-8017, recorded July 17, 1987, under File No. 8707170087. 19. Declaration of Boundary Line Adjustment and Covenants; Recorded: June 1, 1997 File Nos.: 3086254 and 3086255 (Copy is hereto attached) 20. Easement for cul-de-sac as shown on Boundary Line Adjustment No. BLA-978189YL, recorded May 1, 1997, under File Nos. 3086254 and 3086255. 21. Declaration of Boundary Line Adjustment and Covenants; Recorded: January 20, 1998 File No.: 3130838 (Copy is hereto attached) 22. Easement for ingress, egress and utilities, as shown on Boundary Line Adjustment No. BLA- 988213YL, recorded January 20, 1998, under File No. 3130839. 23. Easement for electric transmission and distribution line and the terms and conditions contained therein, together with necessary appurtenances, granted by instrument recorded on July 19, 1982, under File No. 8207190079, to Puget Sound Power & Light Company, a corporation. Subdivision Guarantee Page 4 SCHEDULE A (Continued) File Number: 126173 Policy Number: G-1103-5329 24. Easement for electric transmission and distribution line and the terms and conditions contained therein, together with necessary appurtenances, granted by instrument recorded on July 19, 1982, under File No. 8207190069, to Puget Sound Power & Light Company, a corporation. 25. Easement for electric transmission and distribution line and the terms and conditions contained therein, together with necessary appurtenances, granted by instrument recorded on March 13, 1982, under File No. 3078390, to Puget Sound Power & Light Company, a corporation. 26. Easement Agreement between Nisqually Plaza Limited Partnership and Rocky Prairie Corporation, recorded December 19, 1994, under File No. 9412190120. 27. Easement orquasi-easement, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: May 1, 1997 File No.: 3086253 In favor of : City of Yelm, a Municipal Corporation For: The right to make necessary slopes for cuts or fills upon that portion of said premises abutting Yelm Avenue 28. Terms, covenants, conditions, easements and restrictions and liability for assessments contained in the Declaration of Condominium for: Condominium: Prairie Plaza Condominium Auditor's File No.: 3170836 Amended: November 2, 1998 File No.: 3189104 Amended: July 26, 2002 File No.: 3443774 29. Lien of assessments levied pursuant to the Declaration of Condominium for Prairie Plaza Condominium, recorded under Auditor's File No. 3170836, and any amendments thereto, to the extent provided for by RCW 64.34. 30. Easements for ingress, egress and utility, as shown on the face of said condominium. End of Schedule A Exceptions. NOTES: a) At the request of the assured the following information is provided: Delinquent general taxes for the years 2001, 2002 and 2003, in the respective sums of $1,122.09, $1,116.39, and $1,104.46, plus interest. Tax Account No. 6928-00-00600. (Area code 170) (Affects lJnit 6) Subdivision Guarantee Page 5 SCHEDiTI.E A (Continued) File Number: 126173 Policy Number: G-1103-5329 Delinquent general taxes for the years 2001, 2002 and 2003, in the respective sums of $1,126.46, $1,117.71, and $1,105.76, plus interest. Tax Account No. 6928-00-00700. (Area code 170) (Affects Unit 7) Delinquent general taxes for the years 2001, 2002 and 20003, in the respective sums of $1,123.46, $1,117.71, and $1,105.76, plus interest. Tax Account No. 6928-00-00800. (Area code 170) (Affects Unit 8) Last half of general taxes for 2003 in the sum of $1,657.59. Tax Account No. 6928-00-00100. (Area Code 170) (Affects Unit 1) Last half of general taxes for 2003 in the sum of $551.58. Tax Account No. 6928-00-00200. (Area Code 170) (Affects Unit 2) Last half of general taxes for 2003 in the sum of $552.23. Tax Account No. 6928-00-00300. (Area Code 170) (Affects Unit 3) Last half of general taxes for 2003 in the sum of $548.97. Tax Account No. 6928-00-00500. (Area Code 170) (Affects Unit 5) Last half of general taxes for 2003 in the sum of $1,106.71. Tax Account No. 6928-00-00900. (Area Code 170) (Affects Unit 9) General taxes for 2003 in the sum of $1,101.85, are paid in full. Tax Account No. 6928-00-00400. (Area Code 170) (Affects Unit 4) s/i NK/bl Subdivision Guarantee Page b - 80UNOARY UNE ADJUSTMENT ~BCA-} BOtIlYQARY LNE ADllUSTxIENT A~44P oa-~Zt. - y c. PORTfON OF SEC. 30, T 17N, R 2E, W.M. 307 ORIGINAL_LEGAL DESCRIPTIONS R£CO~RDED •ON JANUARY 20, f 1998DL/ND£REAUDITOR'S FILE N0.33130839, AND 103RD S'T SE BE/NC A PQ4T1pN OF THE NORTHEAST pUARTER OF SECTION 30, 70WNSHIP 17 ~/. - NORTH. RANGE 2 EAST, W.M.; ALSO: RACOY?OED•ON A«UARYR20,~998DUNDEREAUDITORS FILE N20.33130839, AND NORTHpRANGEO? !~ S ~Ej y NjORTNEAST QUARTER OF SECTION 30, TOWNSHIP 17 f ALL IN THE pTY OF YELN, COUNTY OF TNURSTON, STATE OF WASHINGTON. L/NE TABL f NO. BEARlNO OIST.4Jr_E L1 N 51'f6'14" W 85.00 - _ _ L2 S 39'24'03' W 64.50 L3 N 51'16'14' W 130.09 L4 N 46'33'59" W 52.99 L5 N 51'f6'14' W 9.86 L6 N 00'54'03" E 56.53 I,Or r L7 N 53'45'50' W(R) 120.00 5° L8 S 89'05'57' E by `'~1' L9 S 00'54'03' W ' ' ' T6.4J 16 00 • AE i•ip.••.T: •~: 1:'c?O.4:' L t0 S 32'45'54' W . (23.25 ;; or Lit N 00'54 'OS' E Lf2 S 89'05'57' £ 105.48 100 79 ^ • L1J S 89'05'57' E . 62.41 ^ °i ~ L14 S 00'54'03' W L i5 S ' ' ' 34.00 ^ 70 40 38 E 15.82 •. L17 S 36'43'46' W 2,50 ~ P~~EL rer L18 N 57'!6'14' W 39.69 2 - ~ L19 N 51'16'f4' W 30. f1 •~J i'Ar?~ ::: ~ L?O S 89'05'57' E 34, 76 Q :ic.ri9$-,~^.?i,'Jy? L21 N 00'48'!5' E 162.92 ^ . 122 N 00'54'03" E 11.49 c ,Q RELOCATED EASEMENT L2J N 89'05'57' W f K" ~CL'!, •II ' CURVE TAB 24.46 °p ti O (HATCHED AREA- 22 4 SEE DESCRIPTION) LE :r.Hy..,~,x 7.39':. ND • DEL TA RAD / US L ENCTH K c x L12 " ~ 3D ~ !• t~35.1 C1 67'49 s3' 30.00 _ 35.51 H W._ ~ ~ \ ~w EVE \y. ?~ C? 35'2?'1J' 180.00 C3 35'20'07' 720.00 ' ' ' 111.12 74.01 ~ O 60' Y6 ~~~3,~ ~ / _• \ ` SJ~ C4 79 38 20 30.00 41.70 _ EASEMENT FOR /N R EGRESS AND UTILITIES EAST UNE SEC 30 \ ~ L~ ~ ! s~SC~ FOR PARCEL A' 1 Q T f7N, R2E, ` 41 `• ' ~$~1 . W.M. \\ OLD LINE ~C. ~ FZ ~ 342_10 22 , L \\ PARCELL23 cg \ • • 2 '.rSBB~ 32 ~-I21.ZB_ I I +~ ~ m ~ \ ~J ~.-. Y 1p SOUTHEAST CORNER LOT 3 Q rS \ ~ ~. SS 8017 ~ " '~ .~ V sO~J~ SCALE: t "=200 FEET ~ ~ ~~ \~ O 100 200 400\DETAIL ~~^~9°Jry \I CERTIFICATION OF CONFORMANCE ,A, <' ~s \ ` NO SCALE / ! HEREBY CERTIFY THAT THIS BOUNDARY UNE ADJVSTMENT ~- -- ~ CONFORMS WITH 7H£ REOUfREM£NTS OF THE PLATTTNC AND SUBOMSION ORDINANCE AS THE ADJUSTMENT DOES NOT CREATE ANY N LOTS CONTAIN? NSUFFICIENT LOT AREA AND DIMENSIONS T HE MINIMUM UIREMEN7S FOR WIDTH AND AREA FOR r m n _ .rim _ ~, .~- \ __ _ ~~ I ~ ~,~ VICINITY MAP ~' ~ \ \ N.T.S. ~~Nf~~II~IIIIIflI~~~I~II~IN ~a+'u,~. CITY OF YELM OFFICIAL USE ONLY PO BOX 479 Fee YELM WA 98597 Date Received By 360-458-3244 File No. APPLICATION FOR <~`~ ~' SHORT PLAT ; t~E Fee: $250.00 + $50.00 per lot _ ~~:_-- (In addition, any professional service charges ~ ~_ j ~,° ~ per Resolution #358) ~ A short plat is a request to subdivide property into nine (9) or fewer lots for the purpose of residential, commercial, or industrial development. No more than nine (9) lots may be created by short platting within any five-year period. A short plat is reviewed by the City's staff for conformance with City subdivision standards and other regulations. The plat cannot be approved unless appropriate provisions have been made for public facilities, such as roads, sewer and water. A survey is required for the final short plat. Preliminary and final review will usually each take about 30 days. Unless a Baled, the Cit Planner's decision is final. NAME OF PROJECT Prairie Plaza Short Plat APPLICANT Rocky Mountain Development Center Attn: Mr. Larry Shorno Mailing Address P.O. Box 480 City, State and Zip Yelm Washington 98597 Telephone (3601458-7788 OWNER Same as applicant Mailing Address City, State and Zip Telephone ENGINEER/ARCHITECT/OTHER Apex Engineering Attn• Mr Geoff Sherwin Mailing Address 2601 S. 35'h Street Suite 200 City, State and Zip Tacoma Washington 98409 Telephone (253) 473-4494 SUMMARY OF REQUEST Applicant proposes a 5-lot short plat to be used in the future for commercial uses The project will be accessed by Plaza Drive and served by City of Yelm Water and Sewer. PROPERTY DESCRIPTION General Location Northeasterly side of Yelm avenue west side of Creek Street. Site Address 10501 Creek Street S.E. Land Area (acres) 12.32 Section 30 Township 17N Range 2E Assessor's Tax Parcel Number 6928-000-100 0-200. 0-300, 0-400, 0-500, 0-600, 0-700. 0-800. 0- 900 Full legal description of subject property (attach separate sheet if necessary) I affirm that all answers, statements and information contained in and submitted with this application are complete and accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this applicatio I agre to pay all fees of the city which apply to this application. Signe¢- ^s~'t~ Date J''' j .r .". y ~•' ~~. ~`', L , ~v ,~ V ~ ,~ !1` ~J ~~. ~, . 1. PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY Do the subdivision's lot sizes, proposed use, etc., conform with the zoning of the property? Please explain. The property is zoned C-1 with a minimum lot size of 5.000 square feet. The proposed lots meet this standard and the permitted uses within the zoning district. 2. Are any provisions proposed to minimize conflicts with neighboring land uses? Describe. Perimeter landscaping is proposed to minimize conflicts with neighboring land uses. 3. Is the site within 300 feet of any "critical areas" such as wetlands or streams? According to the Thurston Countv Geodata Center the gropertv is not within 300 feet at anv critical areas. 4. What provisions will be made for water supply? Water will be provided by the City of Yelm. Connections will be made to each lot. 5. What provisions will be made for sewage? Sewer will be provided by the Citv of Yelm. Each lot will have access to a sewer stub. 6. What provisions will be made for storm water and/or flood control? On-site storm drainage (outside of right-of-wavl will be provided. Stormwater from Prairie Plaza may be directed to intersection of 103 Street and Prairie Plaza Drive. 7. What provisions will be made for streets, access and/or buses? Each lot will have access to a public street Most of the lots will be served by Prairie Plaza. 8. What provisions, if any, will be made for open space and/or recreation? Appropriate landscaping will be provided as required per 17 80 No recreation is proposed at this time 9. What provision will be made for schools and school children? This is a commercial development that is not located near a school. Sidewalk will be provided for pedestrian access. ATTACHMENTS: • Environmental Checklist (including $150.00 fee), for plats of four ($) or more lots. • Transportation Impact Analysis (if applicable.) • Mail labels (8 '/~ x 11 sheet) of Property Owners within 300 feet (include Assessors Tax Parcel numbers and map.) • 8 % x 11 vicinity map showing nearby property, streets, land uses, streams and other features. Map showing location and size of water mains, sewer, storm water facilities and other utilities and points of connection to existing systems. • Preliminary Storm water Report and conceptual drawing. • Copy of any covenants or restrictions that will apply. • Grading plan for cuts and fills over 100 cubic yazds. • Ten copies of preliminary plat drawing(s), per YMC Section 16.12.030, not larger than 18" x 24". See attached checklist for required features and information. • A reduced size copy of the plat not larger than i l" x 17". • Tree and Ve elation Preservation Plan, er section 14.16.110. I/25507/dots-rpts/docs_tk070103