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Project Rev & CorrespondenceCity of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Denny From: Community Development Department Date: September 8, 2005 Re: Plat Close out for Willow Glenn II Denny: Prior to finaling the last building permit for Willow Glenn II, these items are required to be completed: 1. Clean roads and catch basins 2. Fill back of all sidewalks to sidewalk level 3. Fix fencing in stormpond at southeast corner Other items that must be completed within 30 days: 1 Clean garbage from lot adjacent to Tract A stormpond 2 Sod and or live grass in stormponds 3 Dead trees replaced... 4 Missing tree at corner between lot 37 & 35 eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 COPY SUDNIITTED FOR RECORDING Document title(s) (or transactions contained therein): 1. Ordinance 814 Waterline Extension Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development LLC 2. Balascio, Dennis, M. Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE'/4, Section 19, T17N, Range 2E Assessors Property Tax ParceVAccount Number: 64303600600,64303600700,64303600701,64303600801,64303600800 3679694 Page ~ 1 of 8 10/0812904 10~06R CITY OF YELM DRD 528.00 Thurston Co, WR CITY OF YELM, WASHINGTON ORDINANCE NO. 814 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to water system improvements in a portion of Middle Road. WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal water system improvements (hereinafter called "facilities") in a portion of Middle Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit A attached to the agreement; and each are within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement of the owners and their assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylem including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on August 25, 2004, as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; NOW, THEREFORE, the City Council of the City of Yelm HEREBY ORDAINS AS FOLLOWS: 3679694 Page 2 of 8 CITY OF YELM 1010812994 10~96A DRD 426.00 Thurston Co, WA 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development LLC, Waterline Extension Agreement attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date. This ordinance shall take effect five days after its publication as provided by law. PASSED by the City Council of Yelm this 8th day 9~ September, 2004. k.' ~' Ada Rivas, Mayor ATTEST: /~/~Ly k~~'~ l6 ~ ~.- Ag s Bennick, City Clerk. 3679694 Page ~ 3 ref 8 10/8812844 10~05A r r T~ nr ~r~ M non roc oA TM~ inel nn M . IJp YELM PROPERTY DEVELOPMENT LLC WATERLINE EXTENSION AGREEMENT THIS AGREEMENT entered into this, ~~ day of ~c P tr_rv~ be r , 20~ between the CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Prooertv Development. LLC, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer has extended the City's water system to and through property owned by the Developer by construction of a ten-inch water supply line together with all valves, fittings, and other necessary appurtenances over the following described route: Connecting to the City's existing system at the intersection of the extension of the Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending Southeasterly within the Middle Road right-of-way a distance of 970 feet. Said system is to serve property owned by the Developer and known as Willow Glenn, Divisions 1 and 2, records of Thurston County, Washington. All constructed in accordance with standards of the City of Yelm and in accordance with plans on file in the office of the City Engineer and approved on ~~~/CG WHEREAS, said water supply line passes by properties, the owners of which may wish to use said water supply in the future, and WHEREAS, the Developer has prepared a listing attached to this agreement and designated as Exhibit "A", containing the construction costs of said waterline extension including applicable sales tax, and legal descriptions of all properties along said line which have not paid their full pro rata share of the cost of construction of said water facility, and WHEREAS, the City is willing to accept said waterline as part of the City's water system and in return collect from future users of said water supply line their pro rata share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby agreed between the parties as follows: The City shall accept ownership of said waterline and facilities and the Developer shall execute any documents necessary to place complete ownership of said lines in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the transmission of water through said lines. 2. For a period of fifteen (15) years from acceptance of the water system by the City, the City shall collect from the owners of properties listed in Exhibit "B" prior to allowing connection of said properties to the water facilities, the fair pro rata share of the cost of construction of this subject line and shall pay said sums to the Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved by the City and recorded at the expense of the Developer. W.E.G Page 1 of 3 3679694 Page ~ 4 of 8 1010$12994 10~96A CITY Of YELM ORO x26.00 Thurston Co, WA 3. Reimbursement shall be collected by the City of Yelm from those tapping into or using said facility as provided in the previous paragraph in accordance with the following formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected reimbursed amount as a fee for administering the terms of this agreement. In the event of the Developer's assignment of any interest in this contract, written notice thereof shall be given to the City of Yelm. Until then, all City payments to the developer under this contract shall be sent to the following address: Yelm Property Development, LLC 16422 Middle Road S.E. Yelm, WA 98597 Or to such address as the party of the first part may hereinafter direct in writing. IN W ITNESS WHEREOF, the parties have hereunto set their hands the day and date first above written. YELM PROPERTY DEVELOPMENT, LLC ,u°~I2YU.4 /71. ~~~a,Ct-~C-c~ General Partner General Partner STATE OF WASHINGTON ) )ss Thurston County ) On this day personally appeared before me 1~~~~ ••~ • S ~ ~ i4 s ~ , ;; to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the use and purposes therein mentioned. GIVEN under my hand and official seal this L day of ~~~; , r , 2004. NOTARY PUB in the State of Washington ~ - ' -'''` Residing at ~- , _ ~ ' ~ ` ` ~ ' " _ t ~ . W.E.G Page 2 of 3 i~~~u~~u~~~~~~ ~a . l~ City of NELM~ ~i~1-- i' Mayor Attest: C~~lerk Approved as form: , f C Attorney W. E.G Page 3 of 3 3679694 Page 6 of 8 1010812004 10~06R CITY OF YELM DRD X26.00 Thurston Co, WA N (d 8 LL C O LL C d U d J V1 J m C fn E ~ Q ~ O V1 ~ C m ~ .O _ IO ~ _U W a~i ~O CL U o rn d N } (O J N t0 Q I- _m x W c ~. _ O N c a? ~ U ' rn to ~ L_ pl d ~ C d O ~ ~ Y O N :fl O O ~ ~ ~ ~ N O O 69 to ~ ~ ~ N ~ O t Z~ ~ ~ O N o° o Z O O O ~ OO ~p yvao~ •~ b9 69 ~" ~ y u °o O rA d U V O y , O ~ ~~ mv~rss ~2a°'iu jq _C C C O .~. LLUWH ~ N d ~ w E .. c°~i ~ aNO, ~ ~ ,~ ~ ~ m E , ~ ~ ~ v °o ago u? o 0 N IA M ~ ~ sT t ~ 01 fH E+H EA fA E9 C ~ ~ Q w w d C~ O M ~ O O O ~ V LL 00 N N ~ O (`~ ~ ~ CO l A ~ O ~" 69 69 69 Fq bq N C I d : O O O coo U M N 69 fA U O C O is W G y C d ~n IA O Q~ CD c+7 In O ~ O ~ fh Ch ~ V O N N O O m l(7 ~ CD In l1') ~ is ~s va v~ ~s _.. _.. ~ c ~ d ~ ~ o O ~ ~ ~ ~ ~ ~ ~ ~ O O 0 N N a O ~- ~ W Cn W (n W Cn W Cn W Cn E ~° Q ~ d ~ ~ d v ~ N ~ ~ d ~ ~ .n N ~ w ~_ N L ~ ~ L ~ N L ~ rn ~ N ~ ~ t t N ~ _ O~ _ O~ _ p~ 0 O ~ + ,,, p (n O U) ~ N r ~ Cn v ~ ~ ~ ~ coo ~ r r 7 ~ J ~ E ~ 7 ~ N ch R ~ ~z _. ~ 7 ~ _. E .C E °o o o $ °o c D O ~ O 0 1. V O M M M O M O ~ N a [+ j c ~ c '9 c M c c+ j ~ 0 0 0 (O N O O O N d9 O O O N to m ~ ~ ~ ~ N ~ yl . O O f// «L. d C O lf') ~ n O N ~ (D ~ ^ 0 ~ ~ ~ ~ O 7 H N N U O O Z Z x N N _ to (C O .. U O O N C '~ ~ 11 U O ~ 2 ~ t ~ N ii ~ V C V/ C O _.UUU . U C ~ N d aL c a ~ o U _~ C7 ~ C.1 N O 7 O C C _ U i i I~I~IV~NI~NIV~Iti~~I~IIINIIAIIIGI 'a~;~~'~a 970 LF OF 1 WATER MAIN 0 PLAT OF 64 63 62 61 60 B 65 59 58 66 57 56 67 5 6 7 8 8 55 54 68 53 52 4 OW GLEN 51 50 3 2 12 13 14 49 48 1 6 15 47 46 11 'mss ~ PRAIRIE CR EK o° ~ 10 18 17 16 45 44 A O ~ ~ 19 43 42 'mss o~ . 20 23 41 40 SCHMIDT ETAL O ~ 21 22 24 39 38 64303600800 ~~,~ C 25 37 36 CHMIDT ETAL O ~o0 34 64303600801 26 35 MEYERS 27 ~ 33 64303600701 's, ... 28 32 °o 29 31 O A 30 DOTSON 64303600700 / ~ ~'`~ ~°ss O DOTSON 64303600600 ~~ ~~~~ ALE ~I 1 FEE T WILLOW GLENN DIV S 1 & 2 ~coMno~ it EXHIBIT B 3679694 Page $ of 8 1010812094 10~06A CITY OF YELM ORD X26.00 Thurston Co, WR eturn Address ity of Yelm ami Merriman o sox a79 elm, WA 98597 COPY SUBMITTED POR RECORDING Document title(s) (or transactions contained therein): 1. Ordinance 815 S.T.E.P. Sewer Extension Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Property Development LLC 2. Balascio, Dennis, M. Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE'/4, Section 19, T17N, Range 2E Assessors Property Tax ParceUAccount Number: 64303600600,64303600700,64303600701,64303600801,64303600800 3679695 Page ~ 1 of 8 CITY OF YELM 16~~0~1~@04 10~66A ORD f25.@@ Thurston Cn. ua CITY OF YELM, WASHINGTON ORDINANCE NO. 815 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to S.T.E.P sewer system improvements in a portion of Middle Road. WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal sewer system improvements (hereinafter called "facilities") in a portion of Middle Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit A attached to the agreement; and each are within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement of the owners and their assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylem including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on August 25, 2004 as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; NOW, THEREFORE, the City Council of the City o Yelm HEREBY ORDAINS AS FOLLOWS: 3679695 Page ~ of 8 10t98t2004 10~06A CITY OF YELM ORO 526.00 Thurston Co, WA 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development, LLC S.T.E.P. Sewer Extension Agreement attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date. This ordinance shall take effect five days after its publication as provided by law. PASSED by the City Council of Yelm thi; ATTEST: ~ / ~ '" , Agrl~s Bennick, City Clerk. INIIVIIVI~IYI~IIMINIIAIII~lllllll '~e'~s~ YELM PROPERTY DEVELOPMENT LLC S.T.E. P. SEWER EXTENSION AGREEMENT THIS AGREEMENT entered into this, ~ day of _Seai-r ,Y, r , 20~between the CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Prooertv Development, LLC, hereinafter referred to as the "Developer". W ITNESSETH: WHEREAS, the Developer has extended the City's S.T.E. P. sewer system to and through property owned by the Developer by construction of a six-inch S.T.E.P. sewer forcemain together with all valves, fittings, and other necessary appurtenances over the following described route: Connecting to the City's existing system at the intersection of the extension of the Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending Southeasterly within the Middle Road right-of-way a distance of 993.0 feet. Said system is to serve property owned by the Developer and known as Willow Glenn, Divisions 1 and 2, records of Thurston County, Washington. All constructed in accordance with standards of the City of Yelm and in accordance with plans on file in the office of the City Engineer and approved on l ~~~~a: y- ~~5/cs WHEREAS, said S.T.E. P. sewer forcemain line passes by properties, the owners of which may wish to use said S.T.E.P. sewer in the future, and WHEREAS, the Developer has prepared a listing attached to this agreement and designated as Exhibit "A", containing the construction costs of said S.T.E.P. sewer extension including applicable sales tax, and legal descriptions of all properties along said line which have not paid their full pro rata share of the cost of construction of said S.T.E.P. sewer facility, and WHEREAS, the City is willing to accept said S.T.E.P. sewer as part of the City's sewer system and in return collect from future users of said S.T.E.P. sewer forcemain their pro rata share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby agreed between the parties as follows: The City shall accept ownership of said S.T.E.P. sewer and facilities and the Developer shall execute any documents necessary to place complete ownership of said lines in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the transmission of sewage through said lines. For a period of fifteen (15) years from acceptance of the S.T.E.P. sewer system by the City, the City shall collect from the owners of properties listed in Exhibit "B" prior to allowing connection of said properties to the S.T.E.P. sewer facilities, the fair pro rata S.E.G. Page 1 of 3 3679695 Pa~e~ 4 of $ 10!0$!2004 10~05A CITY OF YELM DRD (26.00 Thurston Co, WA share of the cost of construction of this subject line and shall pay said sums to the Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved by the City and recorded at the expense of the Developer. 3. Reimbursement shall be collected by the City of Yelm from those tapping into or using said facility as provided in the previous paragraph in accordance with the following formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected reimbursed amount as a fee for administering the terms of this agreement. In the event of the Developer's assignment of any interest in this contract, written notice thereof shall be given to the City of Yelm. Until then, all City payments to the developer under this contract shall be sent to the following address: Yelm Property Development, LLC 16422 Middle Road S.E. Yelm, WA 98597 Or to such address as the party of the first part may hereinafter direct in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first above written. YELM PROPERTY DEVELOPMENT, LLC Y...E ~iyn,~.0 i')1 ~4 ~ctd-('.mac General Partner General Partner STATE OF WASHINGTON ) )ss Thurston County ) On this day personally appeared before me _ ,nom,,,,, s „.r ,^, /. r~ to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the use and purposes therein mentioned. GIVEN under my hand and official seal this L day of ~~,~ , 2004. NOTARY P~DBLIC in the State of Washington Residing at ~ / ~ ' " ., ~ . . S.E.G Page 2 of 3 3679695 Page 5 of $ 1A108/Z004 10 ~ F~E~A CITY OF YELM ORO X1;.09 Thurston Co, WA City of YE M~,. . ,~ r.l . - '~ ~ t~ta or Attest: , v K~ ~ % ~~ a r~- C /a City' Clerk ., A ved as form: / Ci Attorney S.E.G. Page 3 of 3 3679695 Page ~ 6 rf 8 1010812004 10~05A CITY OF YELM ORD X26.00 Thurston Co, WA d H 7 ~ ~ y _ CO f~ ~ In U') O ~ ~ ~ M - -~ ~ E o ch . C D O o ci ri ~ c"'~ ch O Qf ~ ~ . d~ ~ d9 , 69 N 69 C • ~ 'O ~ Q ~ ~'. d 00 rn ~! Obi . Obi O . ~ O V 1L cD O c0 M t ~ M ~ M ~ ~~,.~ ~ e O ' N O iH fA 69 L d4 b9 69 p ~ _ __..._ .__..---_ . __... ~__ _- LL C O w LL d O O ~ O V J N J N . - __ .._.._.__ ....._ .._ - _ _._._. m tsr ~ N N v C d~ ~ G Q W O C N ~ d y C d CO r O ~ O O N to N ~ 00 m ~ ~ ~ C LL ~ O ~ ~ ~ ~ O _ ~ ~ V GO (D f'7 M C") ~ ~ ~ ~i ri u~i v v M W ~ C° c ~ E» Ess ~ ets fss Esa n o ~; v ~ __ __ d ~ ,, p m ~ ar ~ n c >- a~ U € r o O ~ ~ ~ ~ ~ ~ ` N y C G p N ~ OO N ~ ~ - O N lA O l1') O f`') O _...._ . ._..... __ .. •-- O ~ Y fA ~ O ~ _ _... .__.. . . ._.. ~ O o C' ~ N ~ p W ` W (n W C~ W (n W (n W (n J a H ~ _ m cOU~ to d N ~ ~ Q ~ ~ G) ~ ~ ~ ~ ~ ~ ~ ~ ~ N ~~ ~V1 ~ ~ w to y t N N ~ L d ~ ~ t C) fn ~ L ' N N ~ L X W ` v Z •v r ~ H ~ o ~ o ~ o ~ o' ~ o O N °o o Z o O Cn v ~ O Cn ~ „ ~ Cn ~ ~ ~ C~ ~ Cn 0 0 0 ... ~ co cD co cn cD 0 0 ° 0 o 0 ~ ~ -__-. .- _ ~ -- ~ ~ .- p~ O M N ~ M ~ N ~ O d ~~ 69 k9 ~ ~ J ~ ' ~ N fh ~ ~ U ; U c0 j _._._. ~ _ ._.: ... .___ ._ '~ C ~ ~ d fA ~ ~ c '~' X ~ E ° o o ~ o 0 c'o ~ m ~ Z c n o ^ ° ^ ° ° o ° o ~ UwH es ~ o ~ o ~ o M o IL F - ~ 0 0 0 ~ 0 ci ri .v a coo M ~ M ~ M ~ M ~ r` rn CD N to t r O Z i m i ~ .N ~ t ~ ~ ~ (n ___ p ~p O O O M O N ~7 M ~ ~ N p O I In 1 a ~ N O X rn O ~ U g ~ C O -~ .-. II ~~g w~ ~ fA .1- V C (n C U o _ U U . U d d y C ~ ~ c o ~ U o c ~ E ~ U 1i 3679695 Page 7 of 8 1010812094 10~06A CITY OF YELM DRD 526.00 Thurston Co, WA 64 63 62 61 60 B 65 993 LF OF 6"0 S. T.E.P. 59 S8 SEWER MAIN 66 57 56 67 5 6 7 g g 55 54 68 53 52 4 OW GLEN 51 so O 3 1 2 12 13 14 49 48 PLAT OF ~~ 11 g 15 47 46 PRAIRIE C EK s°o 10 18 17 16 45 44 O A 19 5 43 42 'mss 20 00 ~ 23 41 40 SCHMIDT ETAL ~ 22 64303600800 O OO~ 21 24 39 38 CHMIDT ETAL ~~~ o C 25 37 36 64303600801 O ~'9Q 26 35 34 MEYERS ~ S 27 ~ 33 64303600701 S o~ 28 32 ~ 29 31 O A 30 2 \ ~ `'`~ ~ 6` DOTSON ~"\ `S 64303600700 O1 \ / DOTSON ~~"" 64303600600 ~~~ ~C~LE If ~ FFE i ~~ ~ ~ ~ WILLOW GLENN DIV S 1 & 2 ['" sK~«in~s ., conno«Y EXHIBIT B 3679695 Page ~ 8 of 8 19,'08x2094 19~06A CITY OF YELM ORD X25.00 Thurston Ca, WA City of Yelm Community Development Department P.O. Boa 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Scott Griffin, Freestone DFF Yelm II, LLC William T. Lynn, Gordon, Thomas, Honeywell, Malanca, Peterson & Daheim LLP Cathie Carlson, Parametrix From: Tana Merriman, Assistant Planner Date: September 30, 2004 Re: For your Records Attached for your records, please find copies of the signed ordinances and extension agreements for the water and sewer line extensions on Middle Road. They have been sent to Thurston County for recording. I have also included the letter from Mr. Lynn, and our Attorney, Mr. Brent Dille's response letter. If you have any questions, please call me at (360) 458-8496. Sincerely, ~•~/ ~- _ Tami Merriman Assistant Planner R:\Project Files\SUB Full Plat Subdivision\04-0012 Willow Glenn II Final\Latecomer AgreementlWGII Latecomer. doc OWENS DAVIES, P.S. Attorneys at Law Frank J. Owens Richard G. Phillips, Jr. Brian L. Budsberg Michael W. Mayberry Kirk M. Veis Matthew B. Edwards Brent F. Dille Benjamin J. Riley Arthur L. Davies (Retired) Burton R. Johnson (1970) Mr. Grant Beck City of Yelm PO Box 479 Yelm, WA 98597 RE: Latecomers Agreement September 7, 2004 's~P ~R y; '?~~~ ~. Street Address: 926 - 24`h Way SW Olympia, Washington 98502 Mailing Address: P. O. Box 187 Olympia, Washington 98507 Phone (360) 943-8320 Facsimile (360) 943-6150 After reviewing the Yelm Municipal Code, state law and other cities' latecomer agreement ordinances, the City, by approving a latecomers agreement after the facilities have been installed, is acceptable. Please note that this is not the case if we were dealing with roads. So long as the charge to "hook-up" is just and equitable to the other property owners, then there should be no problems. Mr. Lynn is incorrect in his interpretation that the YMC and/or state law require two steps. Should you have any further questions, please do not hesitate to contact me. I remain... Very truly yours, ENS A I S, P.S. Brent F. Dille BFD/pd C:\57\BFD\Yelm\Beck Ltr 090704.doc *************** -COMM. JOURNAL- ******************* DATE FEB-05-2003 ***** TIME 00:16 ******** MODE = MEMORY TRANSMISSION START=FEB-05 00:12 END=FEB-05 00:16 FILE No.=136 STN COMM. KEY NAME STATION NAME/EMAIL ADDRESS/TELEPHONE N0. PAGES DURATION No. 001 OK $ 94590154 017/017 00:03:51 ***** DP-3520 ********************** -Yelm CDD TO: C(,~i G l~rlc~'1 FAX #: L/~7 - (~ / $~~ FROM: 1 a,~,` ~ SUBJECT: COMMENTS: -Yelm CDD - - ***** - 360 458 3144- ********* FAX TRANSMISSION CITY OF YELM COMMUNITX DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 DATE: ~/ ~~/dy PAGES: ~, including this cover sheet. * * I YOtI t)O NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 As Sooty as rosstitl.E. R:\TempletulB[.ANKFAX TAANSM[SS10N.dx O~ TIC ~- Q, .,~. man., TO: ~~t L ~~`~ FAX #: L/~j -- ~ / S FROM: ~~`'~ SUBJECT: COMMENTS: FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 DATE: ~,v -L'~/~ y PAGES: ~, including this cover sheet. * * IF YOU DO NOT RECEIVE ALL COPIES OR ANY COPY IS NOT LEGIBLE PLEASE CALL (360) 458-3835 AS SOON AS POSSIBLE. R:\Templates\BI,ANK FAX TRANSMISSION.doc City of Yelm Community Development Department P.O. Boa 479 Yelm, WA 98597 (360)458-3835 (360) 458-3144 FAX Memorandum To: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: August 18, 2004 Re: Public Hearing regarding an Assessment Reimbursement Contract for Certain Properties located in a portion of Middle Road, in the City of Yelm, Washington, and Ordinance Numbers 814 and 815. Attachments: • Application for Latecomer Agreement • Public Hearing Announcement • Ordinance No. 814 Waterline Extension Agreement • Ordinance No. 815 S.T.E.P Sewer Extension Agreement SUBJECT A public hearing to accept comment on an Assessment Reimbursement Contract affecting certain properties located in a portion of Middle Road. Ordinance No. 814 and Ordinance No. 815 authorizes the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Water and Sewer improvements in a portion of Middle Road. LEGAL CONSIDERATION Chapter 35.91 of the Revised Code of Washington, and Chapter 13.12 Yelm Municipal Code provides the authority for the City to enter into the contract for reimbursement. BACKGROUND The applicant Yelm Property Development LLC, as a requirement of the Willow Glenn Subdivision Phase I and Phase II approval, has installed water and sewer facilities in a portion of Middle Road, at their own cost and expense. The adjoining properties when developed will have the benefit of connection to these lines. The Assessment Reimbursement Contract provides reimbursement to Yelm Property Development LLC, a fair pro rata share of the cost of construction of these facilities. The Community Development Department has reviewed the reimbursement area as proposed by the applicant, and the cost apportionment method and has made the determination that they are correct and fair. The water and sewer lines have been installed, and approved and accepted by the City. The agreement will be in effect for no longer than 15 years. The City shall deduct ten percent (10%) from the collected reimbursed amount as a fee for administering the terms of this agreement. EFFECTIVE DATE The ordinances shall take effect five (5) days after publication as provided by law. RECOMMENDATION Staff recommends adoption of Ordinance No. 814 authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Water improvements in a portion of Middle Road, and adoption of Ordinance No. 815 authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Sewer improvements in a portion of Middle Road. aPR ~ 2 Lo:~E APPLICATION FOR LATECOME AGREEMENT Please type or print legibly: 1. Name and Address of Developer: _1ti /ni lr;.~/'t~. /~, (~ ~•~ I ~~~~, ~c Y~ 1 L [ ~ / ~ 4.11 n~f ~ ODE ~r I) ~ - 7 E 2. Name of Project: ti' . ~ 1 c,~~ ~lf :, ~ .c p/~ ~ s r T' ~ ~ 3. Project Location (include common street address) _!~+, Oy~E ;. ~ , SF 4. Name and Address of Legal Owner(s) (if different from developer): 5. Name and Address of Developer's Engineer: ~3~,X S~.r~. Lr.cc.~. V,,.~1 ~lP~Cy 6. Attached as Exhibit "A" is the legal description for this proposed project. 7. Tax Parcel Number(s): 8. This project contains ~ ~ Lots. a. Type(s) of lots: Single Family ~ Duplex/Multiplex (No.of units _1 Commercial Other b. Type of commercial use: 9. Attached as Exhibit "B" is the legal description for all properties that the applicant proposes for latecomer reimbursement. 10. Enclosed is a preliminary plan showing the proposed project, including boundaries, lot lines, facilities, roads and structures. 11. The construction of the proposed facilities will be commenced on or before and will be completed on or before «''^ P~< ~= ~ bl0/b00'd bbSp3 btrl£ 8Sb 09£ A30 WWOJ-Wl3ll 30 AlIJ trl~£l b00Z-bZ-833 CITY OF YELM, WASHINGTON ORDINANCE NO. 814 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to water system improvements in a portion of Middle Road. WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal water system improvements (hereinafter called "facilities") in a portion of Middle Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit A attached to the agreement; and each are within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement of the owners and their assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylem including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on August 25, 2004 as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; NOW, THEREFORE, the City Council of the City of Yelm HEREBY ORDAINS AS FOLLOWS: 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development LLC, Waterline Extension Agreement attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date. This ordinance shall take effect five days after its publication as provided by law. PASSED by the City Council of Yelm this 25th day of August, 2004. Adam Rivas, Mayor ATTEST: Agnes Bennick, City Clerk. YELM PROPERTY DEVELOPMENT LLC WATERLINE EXTENSION AGREEMENT THIS AGREEMENT entered into this, day of , 20 between the CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Property Development, LLC, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer has extended the City's water system to and through property owned by the Developer by construction of a ten-inch water supply line together with all valves, fittings, and other necessary appurtenances over the following described route: Connecting to the City's existing system at the intersection of the extension of the Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending Southeasterly within the Middle Road right-of-way a distance of 970 feet. Said system is to serve property owned by the Developer and known as Willow Glenn, Divisions 1 and 2, records of Thurston County, Washington. All constructed in accordance with standards of the City of Yelm and in accordance with plans on file in the office of the City Engineer and approved on ~//E'~Cc WHEREAS, said water supply line passes by properties, the owners of which may wish to use said water supply in the future, and WHEREAS, the Developer has prepared a listing attached to this agreement and designated as Exhibit "A", containing the construction costs of said waterline extension including applicable sales tax, and legal descriptions of all properties along said line which have not paid their full pro rata share of the cost of construction of said water facility, and WHEREAS, the City is willing to accept said waterline as part of the City's water system and in return collect from future users of said water supply line their pro rata share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby agreed between the parties as follows: The City shall accept ownership of said waterline and facilities and the Developer shall execute any documents necessary to place complete ownership of said lines in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the transmission of water through said lines. 2. For a period of fifteen (15) years from acceptance of the water system by the City, the City shall collect from the owners of properties listed in Exhibit "6" prior to allowing connection of said properties to the water facilities, the fair pro rata share of the cost of construction of this subject line and shall pay said sums to the Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved by the City and recorded at the expense of the Developer. 3. Reimbursement shall be collected by the City of Yelm from those tapping into or using said facility as provided in the previous paragraph in accordance with the following formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected reimbursed amount as a fee for administering the terms of this agreement. In the event of the Developer's assignment of any interest in this contract, written notice thereof shall be given to the City of Yelm. Until then, all City payments to the developer under this contract shall be sent to the following address: Yelm Property Development, LLC 16422 Middle Road S.E. Yelm, WA 98597 Or to such address as the party of the first part may hereinafter direct in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first above written. YELM PROPERTY DEVELOPMENT, LLC General Partner General Partner STATE OF WASHINGTON ) )ss Thurston County ) On this day personally appeared before me }~~~r~.v - S ~ .~.. /k s ~ , to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the use and purposes therein mentioned. GIVEN under my hand and official seal this Z'''-~ day of ~,-, r , 2004. s ~ ~ ERIK !. FIEIMANN NOTARY PUB in the State of Washington ~ "` ~'"~_" ~`~~'``'`' 9 !~--~a '. ' ~ ~ . j.........,.«..~.~~...,.. _ f. 0 c w ~ O a ~ T 7 A ~ A =. [~ f7 v ~~~ T Tg~ w ...~ N O (7 ~~ ~ N H x C M N ..~~ ~ 01 A V O N O N O N N ~ a c {_ j l ~ A I A I d I A ~ Y o ~ o o o~ o o > ~ > ~ m O GDS V ~ ~~ O ~ O ! 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FEET ~ ~ ~ WILLOW GLENN DIV S 1 & 2 C SKILLINGS ~COnnOLLY EXHIBIT B CITY OF YELM, WASHINGTON ORDINANCE NO. 815 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to S.T.E.P sewer system improvements in a portion of Middle Road. WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal sewer system improvements (hereinafter called "facilities") in a portion of Middle Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit A attached to the agreement; and each are within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement of the owners and their assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylem including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on August 25, 2004 as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; NOW, THEREFORE, the City Council of the City o Yelm HEREBY ORDAINS AS FOLLOWS: 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development, LLC S.T.E.P. Sewer Extension Agreement attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date. This ordinance shall take effect five days after its publication as provided by law. PASSED by the City Council of Yelm this 25th day of August, 2004. Adam Rivas, Mayor ATTEST: Agnes Bennick, City Clerk. YELM PROPERTY DEVELOPMENT LLC S.T.E.P. SEWER EXTENSION AGREEMENT THIS AGREEMENT entered into this, day of , 20 between the CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Property Development, LLC, hereinafter referred to as the "Developer". W ITNESSETH: WHEREAS, the Developer has extended the City's S.T.E.P. sewer system to and through property owned by the Developer by construction of a six-inch S.T.E.P. sewer forcemain together with all valves, fittings, and other necessary appurtenances over the following described route: Connecting to the City's existing system at the intersection of the extension of the Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending Southeasterly within the Middle Road right-of-way a distance of 993.0 feet. Said system is to serve property owned by the Developer and known as Willow Glenn, Divisions 1 and 2, records of Thurston County, Washington. All constructed in accordance with standards of the City of Yelm and in accordance with plans on file in the office of the City Engineer and approved on 7~~s~ f~,; r ~/S/c3 WHEREAS, said S.T.E.P. sewer forcemain line passes by properties, the owners of which may wish to use said S.T.E. P. sewer in the future, and WHEREAS, the Developer has prepared a listing attached to this agreement and designated as Exhibit "A", containing the construction costs of said S.T.E.P. sewer extension including applicable sales tax, and legal descriptions of all properties along said line which have not paid their full pro rata share of the cost of construction of said S.T.E.P. sewer facility, and WHEREAS, the City is willing to accept said S.T.E.P. sewer as part of the City's sewer system and in return collect from future users of said S.T.E.P. sewer forcemain their pro rata share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby agreed between the parties as follows: The City shall accept ownership of said S.T.E.P. sewer and facilities and the Developer shall execute any documents necessary to place complete ownership of said lines in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the transmission of sewage through said lines. 2. For a period of fifteen (15) years from acceptance of the S.T.E.P. sewer system by the City, the City shall collect from the owners of properties listed in Exhibit "B" prior to allowing connection of said properties to the S.T.E.P. sewer facilities, the fair pro rata share of the cost of construction of this subject line and shall pay said sums to the Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved by the City and recorded at the expense of the Developer. 3. Reimbursement shall be collected by the City of Yelm from those tapping into or using said facility as provided in the previous paragraph in accordance with the following formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected reimbursed amount as a fee for administering the terms of this agreement. In the event of the Developer's assignment of any interest in this contract, written notice thereof shall be given to the City of Yelm. Until then, all City payments to the developer under this contract shall be sent to the following address: Yelm Property Development, LLC 16422 Middle Road S.E. Yelm, WA 98597 Or to such address as the party of the first part may hereinafter direct in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first above written. YEnLM PROPERTY DEVELOPMENT, LLC General Partner General Partner STATE OF WASHINGTON ) )ss Thurston County ) On this day personally appeared before me >i.~y~,,, 5 ,yt . ,3~. /4 s~ ~. to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the use and purposes therein mentioned. GIVEN under my hand and official seal this L day of //~+~~ ~ 2004. 7' J"~i 1 ~. .. s .. <w ~. -.. _... ~. e. ...~~aa NOTARY P BLIC in the State of Washington Residing at c / r I ~ I~~ 1 F:~!K 1. F~E!'fQ.E~!~! ,, City of YELM: Mayor Attest: City Clerk Approved as form: City Attorney ,~ y L ~ W ' ~ ' . E ... cD C 7 I~ N u? f~ ~ I~ ~ O o p ~ ~ N Of EA d9 b9 d9 d9 69 C E ~ w Q 'w d ~ ~ N ~ ~ o O U LL COD c~0 M ' M M O d N ~ ~ Ch ~ d ~ M ~ ~ ° ~ t9 ~-6q EA bq d9 N (9 O : : O __...... ... __... ..._. . .__ ....... _. .. .._.._ _.......-- LL C O y y+ ~ ~ '. 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V ~C _ as ~ ' O d9 ~ 2 ~ ~ ~ ~ O O O ° ~ ° ~ 0 O 0 C II c c c' ~ Z C D 0 c ° 0 0 ° C7 p ° ~ o,;g 0 o o o tiUwF°- ~ ` o M o ' M M 3 ea o M O M o c'7 c - N C"') ~ cD CO CD CD CdD a> ~ ~ ~ ~ N L O N M N ~ O ~ O c~'~ O N ~,.~ EA ~ N p O b9 ~ N N ~ U O Z x to ~ y (d O U ~ .. y C O v C ~ II w U O N A ~ ~ ~ V C t~/1 C U U CJ ~, ~ a~ N N W C C ~ c U a i o ~ (~ j iC a> > o ~ E ~ U ~i 64I63I62 61 I60I B 65 59 58 993 LF OF 6"m S. T.E.P. 66 SEWER MAIN 57 56 67 5 6 7 8 8 55 54 68 53 52 4 LOW GLEN 51 50 O 3 2 13 14 49 48 PLAT OF ~ 1 11 12 B 15 47 46 PRAIRIE C EK `S o 10 18 17 16 45 44 A 5\ 19 43 42 '~S 2 0 ~oo ~ 23 41 40 SCHMIDT ETAL 4 ~~~ 22 24 39 38 64303600800 O ~ 21 ~~~ C 25 37 36 CHMIDT ETAL \ ~oo ~ 34 64303600801 '9 26 35 MEYERS ~ s 27 ~ 33 64303600701 's> ~ 28 32 ~° 2 9 31 \ A 30 2 ~ DOTSON ~~~ °s 64303600700 O1 \~ DOTSON 64303600600 \ ~C%1LE I~ I F~~T WILLOW GLENN DIV S 1 & 2 SKILLINGS .,connoLLY EXHIBIT B 05/25/2004 15:52 FAX 4254592572 GTH LAW OFFICES CORDON. THOMAS, HONEYWELL. MALANCA. PETERSON ~ DAHEIM LLP l¢j002/000 gEATTLC OFFICE TACOMA OFFICE ONE VNION SOUARE Ie01 PAGIt"IC AVENUE. gV11E 2200 r,. [.l0 UNIVERSITY, SUITE 210 POST OFFICE BOX 1157 SE AT'fLF. WASHINGTON 9nIOI.dIBC 7ACOMA, wnSHINCTON g9nol.li57 ~EOE1 679.7 sOG 12g.~~ mS0.9 !••O~ F A(:SIMILE 1.;061 67G•7= FAC`iIMILE ~25J1 620-G~e:S REPLY TO TACOMA OFFICE WILLIAM T. LYNN ATrotiN EY Ar ~Aw DIRECT (8531 .~x0-6nIPi 120G1 a76.6aIG E-MAIL lynnwl~gth-lew.com August 25, 2004 The Honorable Adam Rivas Yelm City Council 105 Xelm Ave. W. P.O. Box 479 Yelm, WA 98597 RE: Proposed Latecomer Agreement (Middle Road) Dear Mayor Rivas and the City Council Members: We represent Scott Griffin and (Fzeestone DFF Yelm. II, LLC), (who are purchasing property owned by Kay Dotson) and are writing concerning a latecomer agreement which we understand the City is considering tonight. The latecomer agreement would affect the property being purchased by our client, and we are writing to object to its approval. We believe the latecomer agreement under consideration is unlawful.. The City's ordinance on the subject, set forth in Chapter X3.12 of the City's Municipal Code, requires approval before construction of the improvements in question. In this case, the improvements have beezt constructed for some time and have already been accepted. by the City. That the City's ordinance requires approval before construction is clear under Section 13.12.O10A which authorizes the City to enter into a "utility construction reimbursement contract (latecomer agreement) pursuant to this Chapter for the construction of sewer projects or water project...." Obviously, an agreement for "construction" can not be entered after the fact. That is further evident from Section 13.12.050 which requires the approval of an addendum to the contract "upon eompietion of the projects subject to a utility construction reimbursement contract". This further confirms that there is a two step process: an initial "construction" agreement before the improvement is built and a second "addendum" after the work is done. There is a second reason for this approval- If the Council and public review the proposal first they can decide if the design is sound, if benefits will flow to other properties, if there are other better options that spread the cost more fairly and if the cost is fair. The opportunity for meaningful input is lost if the work is already done. lt2soai6 ~Z.ao~) 09/25/2004 15:52 FAY 4254992572 GTH GO~.DON. TI••IOMAS. HONEYWELL MAI.ANCA. PETERSON £~ DAHEIM LLP August 25, 2004 Page 2 The proposal does not meet City ordinances. Very truly yours, / lZ`l ~~ ~ William 7. Lynn WTL:ganrx cc: Scott Griffin Cathy Carlson ~ oo~/oos [1230416 vl.doc] / O~ THE ~~ 0. •tttr 1MABlIINOTON FAX TRANSMISSION CITY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AVE W YELM WA 98597 (360) 458-3835 FAX: (360) 458-3144 FAX#: ~y3 ~ ~ ~s~ FROM: •~ rCv1-v~ ~CGI~.. SUBJECT: COMMENTS: DATE: ~` ZS lDy PAGES: ~, including this cover sheet. ~,~r Dun ~ SCuA~ r~ * * IF YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 458-3835 As sooty As POSSIBLE. R:\Templates\BLANK FAX TRANSMISSION.doc 09/25/2004 15:52 FAY 4254592972 GTH FAX COVER SHEET GQRDON~ THOMAS HONEYWELL, MAI.ANCA~ PETERSON & DAHEIM LLP TACOMA OFFICE 1201 Pacific A,ve., Suite 2100 Post Office Box 1157 Tacoma, Washington 98401-115'1 Telephone: (253) 620-6500 Facsimile: (253) 620-6565 Date: August 25, 2004 Send `To• Com an Fax A es Bernick Ci Clerk 360 458-4348 Tami Merriman (360 458-3144 F1tOM: William T. Lynn Client Number.: T ~ ool/oo~ 360) 458-3244 WARNING: Unless otherwise indicated, the information contained in this facsimile message is information protected by the Attorney-Client and/or ,Attorney- Work Product Privileges. It is intended only for the individual named above, and the privileges are not waived by virtue of this having been sent by facsimile. If the xeader. of this facsimile, or the employee or agent responsible to deliver it to the named recipient, is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of the communication is strictly prohibited. If you have received this communication in error, please immediately notify us by telephone and return the original message to us at the above address via the U.S. Postal Service. We will promptly reimburse you for the telephone and postage expense, MESSAGE: PLEASE COPY AND DYSTRXBUTE AT THE COUNCIL 1VIEETXNG BEING HELD TONIGHT. THANK YOU. [FAX SH~ET.doc] Number of Pages (Including cover sheet): 3 AUG-25-2004 WED 08 14 AM SKILLINGS-CONNOLLY FR}( N0, 3604913857 P, O1 0 o I w 1 C'7 O ~ 1 n ' t ~ 'R q ~ ~ C ~ ~• < ~~ O t0 y v x v~ N ~ ~ V O N Q N O h ~ ~ o: c~ ~ ~ ~ rn l rnj ai l rn rn ~ G ~ O I O I p I O ¢ ~ ~ p ~ .~. W W W W W ~ G7 ~ o c, ° o o z ~ a ~ c o I n ~ b O ~ ¢ I O O 3 1 N I I ~ ~ 1 ' wxx.. .~w I I ~~...~ ~ ~ I ~ ~ C ~ Cn A W I N ~ p- r I 1 1 0 J J ~ ~• I ~ J ~ ~'~~ Q~ O _ ~ _ A A ~` ~ ~ ~ ~ ~ U CA 0 (n ~ ~ g ~ ~ ~ a I~ a ~ ~ ' ~ a o. ~ , a ~ ~ a eo a ci a ~D ~ ca: ~ a ~ _ ~: ~ a ~ A ca `cDr cD ~ b ~-- cp ~ -..- a ca ~ r.. a t0 ~ ~~- c~ ~ a a a . a a A ~ m m m l m m v, U t~~1 ~ ~ O ~ ~ b N 1 ~ MN Gh Q1 11 G G h m ~ C71 T N ~ "~ +~ ~ ~ .~ F~' ~ ~ w N U [Jt CTf A Ch ~ A W w ~ j ~ p f h C f1 L JI -- ~ ° c°n 0 c°n aw~, ~ n ~ d- n O 3 e~ Q' ~, st- v- ~. d- ~ ~ N ~ O m ~ 4 a, W O O w f~? ~ N ~ ~ w ~ A 0 0 0 ~ o rn D "' a ~ rt- ~s, ~ _ I . b ~ . ._ v- _ .o A ~ ~~ rn w c°1.> ~ A ~ 3 ~ ~ `~ j i+ ~ ~ ~ ~. O C~11 C~JI N c~G CO 3 a ~ C W N s D O ~ p ^) ~ ~ II (p Ef- ~ A N • Q VI ~ N~ ~ C O ~ V1 p y ~ 11 I I C A ~. Es9 G I~ ~ a O O p 0 Q O Z Q C`-'C O . ~ ~ ~ c~ `C U! ~ ~ ~ 0o a o N O ~c ~ C ~ _. ~ ~ b ~ . C'1 ro ~ ~~ a ~ O 0 " ~ n H~ dl N W v O) O G 0 X n W (d C`f 0 ~ m ~ ~a _~_ "" ~ ~D y°a rn ~ rp cfl ~ ~ m as r n ~. C "O 0 0 0 ~D ~../ ~~ ~N~ City of Yelm Community Development Department a P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: August 18, 2004 Re: Public Hearing regarding an Assessment Reimbursement Contract for Certain Properties located in a portion of Middle Road, in the City of Yelm, Washington, and Ordinance Numbers 814 and 815. Attachments: • Application for Latecomer Agreement • Public Hearing Announcement • Ordinance No. 814 Waterline Extension Agreement • Ordinance No. 815 S.T.E.P Sewer Extension Agreement SUBJECT A public hearing to accept comment on an Assessment Reimbursement Contract affecting certain properties located in a portion of Middle Road. Ordinance No. 814 and Ordinance No. 815 authorizes the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Water and Sewer improvements in a portion of Middle Road. LEGAL CONSIDERATION Chapter 35.91 of the Revised Code of Washington, and Chapter 13.12 Yelm Municipal Code provides the authority for the City to enter into the contract for reimbursement. BACKGROUND The applicant Yelm Property Development LLC, as a requirement of the Willow Glenn Subdivision Phase I and Phase II approval, has installed water and sewer facilities in a portion of Middle Road, at their own cost and expense. The adjoining properties when developed will have the benefit of connection to these lines. The Assessment Reimbursement Contract provides reimbursement to Yelm Property Development LLC, a fair pro rata share of the cost of construction of these facilities. The Community Development Department has reviewed the reimbursement area as proposed by the applicant, and the cost apportionment method and has made the determination that they are correct and fair. The water and sewer lines have been installed, and approved and accepted by the City. The agreement will be in effect for no longer than 15 years. The City shall deduct ten percent (10%) from the collected reimbursed amount as a fee for administering the terms of this agreement. EFFECTIVE DATE The ordinances shall take effect five (5) days after publication as provided by law. RECOMMENDATION Staff recommends adoption of Ordinance No. 814 authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Water improvements in a portion of Middle Road, and adoption of Ordinance No. 815 authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to Sewer improvements in a portion of Middle Road. APR 2 2 1004 APPLICATION FOR LATECOME AGREEMENT Please type or print legibly: 1. Name and Address of Developer: ~/~ Irii ~i'u~~y~i ~ v~l ~p,~nc~;t , L L C '~~I ~,~ wh ~-7Fl597 2. Name of Project: W ~i~y~u (,%r_~n ,a pl7~s~ .~ ~ ~ 3. Project Location (include common street address) >ti - Ot)cE R~ , S 4. Name and Address of Legal Owner(s) (if different from developer): 5. Name and Address of Developer's Engineer: SKrl~,ytSS '~ tr~'rnvilii dux 5 c~kc _ ~ctce~. WR 9~S~y T 6. Attached as Exhibit "A" is the legal description for this proposed project. 7. Tax Parcel Number(s): 8. This project contains ~ $ Lots. a. Type(s) of lots: Single Family ~ Duplex/Multiplex (No.of units ~ Commercial Other b. Type of commercial use: 9. Attached as Exhibit "B" is the legal description for all properties that the applicant proposes for latecomer reimbursement. 10. Enclosed is a preliminary plan showing the proposed project, including boundaries, lot lines, facilities, roads and structures. 11. The construction of the proposed facilities wiN be commenced on or before and will be completed on or before c;c~mPl~~~R. - ,_ trl0/tr00'd trtr5#~ trtrl£ 85tr 09£ A30 WW00-Wl3A 30 AlIJ trl~£l tr00Z-trZ-833 CITY OF YELM, WASHINGTON ORDINANCE NO. 814 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to water system improvements in a portion of Middle Road. WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal water system improvements (hereinafter called "facilities") in a portion of Middle Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit A attached to the agreement; and each are within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement of the owners and their assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylern including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on August 25, 2004, as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; NOW, THEREFORE, the City Council of the City of Yelm HEREBY ORDAINS AS FOLLOWS: 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development LLC, Waterline Extension Agreement attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date. This ordinance shall take effect five days after its publication as provided by law. PASSED by the City Council of Yelm this 8th day ~ September, 2004. ~: ~: ~- / t , Ada Rivas, Mayor ATTEST: ~~L4 7~.~'C~ lG Ag s Bennick, City Clerk. YELM PROPERTY DEVELOPMENT LLC WATERLINE EXTENSION AGREEMENT THIS AGREEMENT entered into this, ~/ day of Se.P~mJ~e-~ , 20U~ between the CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Property Development, LLC, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer has extended the City's water system to and through property owned by the Developer by construction of a ten-inch water supply line together with all valves, fittings, and other necessary appurtenances over the following described route: Connecting to the City's existing system at the intersection of the extension of the Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending Southeasterly within the Middle Road right-of-way a distance of 970 feet. Said system is to serve property owned by the Developer and known as Willow Glenn, Divisions 1 and 2, records of Thurston County, Washington. All constructed in accordance with standards of the City of Yelm and in accordance with plans on file in the office of the City Engineer and approved on ~jg~©o WHEREAS, said water supply line passes by properties, the owners of which may wish to use said water supply in the future, and WHEREAS, the Developer has prepared a listing attached to this agreement and designated as Exhibit "A", containing the construction costs of said waterline extension including applicable sales tax, and legal descriptions of all properties along said line which have not paid their full pro rata share of the cost of construction of said water facility, and WHEREAS, the City is willing to accept said waterline as part of the City's water system and in return collect from future users of said water supply line their pro rata share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby agreed between the parties as follows: The City shall accept ownership of said waterline and facilities and the Developer shall execute any documents necessary to place complete ownership of said lines in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the transmission of water through said lines. 2. For a period of fifteen (15) years from acceptance of the water system by the City, the City shall collect from the owners of properties listed in Exhibit "B" prior to allowing connection of said properties to the water facilities, the fair pro rata share of the cost of construction of this subject line and shall pay said sums to the Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved by the City and recorded at the expense of the Developer. W.E.G Page 1 of 3 3. Reimbursement shall be collected by the City of Yelm from those tapping into or using said facility as provided in the previous paragraph in accordance with the following formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected reimbursed amount as a fee for administering the terms of this agreement. In the event of the Developer's assignment of any interest in this contract, written notice thereof shall be given to the City of Yelm. Until then, all City payments to the developer under this contract shall be sent to the following address: Yelm Property Development, LLC 16422 Middle Road S.E. Yelm, WA 98597 Or to such address as the party of the first part may hereinafter direct in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first. above written. YELM PROPERTY/DEVELOPMENT, LLC General Partner General Partner STATE OF WASHINGTON ) )ss Thurston County ) On this day personally appeared before me f~~'~>•~ ~~ S ~. ,~ /~ s ~ , to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the use and purposes therein mentioned. GIVEN under my hand and official seal this ~ day of - ~r-, i , 2004. ERIK J. HEIMANN ~ NOTARY PUBLIC ~ NOTARY PUB in the State of Washington ; sTArE of wnsHiN~rorv i Residing at ~ l~ ~.,.~ , ~ My Commission Expires Ju-e 5, 200~w ~ ~~~~~~~~~~~~o~~~ W.E.G Page 2 of 3 Attest: ,~ 1 ~~ C Jerk Approved as form: C C y Attorney W.E.G Page 3 of 3 Z~ (~ O O LL C OO LL C O Q U ai J to J ~ _m C to Q a. 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O x m rn cv 0 0 I I N O LL C 0 U N C C O U is 7 `o 63 62 61 60 64 B 65 970 LF OF i o"~ 59 66 58 WATER MAIN 57 56 67 5 6 7 8 8 55 54 68 53 52 4 LOW GLEN 3 51 50 ~ 2 0 13 14 49 48 12 1 PLAT OF ~ 11 B 15 47 46 ~ ~s°o ~ 10 18 17 PRAIRIE CR EK 16 45 44 A 19 O5 ~ 43 42 \ ~~s ~ 20 •o0 23 41 40 SCHMIDT ETAL ~ O ~~ 22 24 39 38 64303600800 ~ 21 ~~, ~ 25 37 36 ~ CHMIDT ETAL O •oo C ~ 34 64303600801 \ 26 7 ~ 35 2 MEYERS 2 33 64303600701 's, ~ 28 32 °° ~ 2 9 31 ~ A 30 O \ s \ ms's ° a' s DOTSON 64303600700 O DOTSON 64303600600 ~ SCALE IN FEET 0 100 200 400 WILLOW GLENN DIV S 1 & 2 SKILLINGS ~CONNOLLY EXHIBIT B CITY OF YELM, WASHINGTON ORDINANCE NO. 815 AN ORDINANCE of the City of Yelm, Washington, authorizing the Mayor to enter into an Assessment Reimbursement Contract (latecomer agreement) relating to S.T.E.P sewer system improvements in a portion of Middle Road. WHEREAS, Yelm Property Development, LLC has constructed at their own cost and expense certain municipal sewer system improvements (hereinafter called "facilities") in a portion of Middle Road; and WHEREAS, those improvements are described in a proposed latecomer agreement and particularly in Exhibit A attached to the agreement; and each are within the benefit area described in Exhibit B to each agreement' and WHEREAS, those facilities have been constructed to meet all standards of the City of Yelm as determined by the Director of the Public Works Department ("Director"); and WHEREAS, the parties desire to enter into a latecomer agreement for those facilities pursuant to the authority granted by Chapter 35.91 RCW and Chapter 13.12 of the Yelm Municipal Code (YMC) whereby provisions are made for the reimbursement of the owners and their assigns by any owners of real estate who did not contribute to the original cost of such facilities and who subsequently tap into or use the same, of a fair pro rata share of the cost of construction of such facilities including an interest factor as provided therein; and WHEREAS, the Director has determined that the facilities and proposed latecomer agreement each meet all applicable requirements and standards of the City of Ylern including but not limited to the requirements of such contracts in Chapter 13.12 YMC; and WHEREAS, pursuant to Chapter 13.12 YMC the Director has recommended that the Yelm City Council approve the proposed latecomer agreement, a copy of which is attached to this ordinance; and WHEREAS, pursuant to a hearing held before the Yelm City Council on August 25, 2004 as required by Chapter 13.12 YMC, the Council finds that the attached proposed latecomer agreement would be a benefit to the City of Yelm and its citizens, and complies with the requirements of Chapter 13.12 YMC; NOW, THEREFORE, the City Council of the City o Yelm HEREBY ORDAINS AS FOLLOWS: 1. The City Council approves and authorizes the Mayor to enter into the latecomer agreement entitled Yelm Property Development, LLC S.T.E.P. Sewer Extension Agreement attached to this ordinance, and DIRECTS that the agreement be filed for record with the Thurston County Auditor as required by Section 13.12.040 YMC within thirty (30) days following its execution. 2. Effective Date. This ordinance shall take effect five days after its publication as provided by law. PASSED by the City Council of Yelm this 8th day of September, 2004. -~-~- .-- ~~- , Adam Rivas, Mayor ATTEST: Y y ~ ~ ~ ~< <., ~ ~' ~~./~~ /cam Agrl~s Bennick, City Clerk. YELM PROPERTY DEVELOPMENT LLC S.T.E.P. SEWER EXTENSION AGREEMENT THIS AGREEMENT entered into this, ~ day of ~e~~e_ml~,~ , 20 0~ between the CITY OF YELM, a Municipal corporation, hereinafter referred to as the "City" and Yelm Property Development, LLC, hereinafter referred to as the "Developer". WITNESSETH: WHEREAS, the Developer has extended the City's S.T.E.P. sewer system to and through property owned by the Developer by construction of a six-inch S.T.E.P. sewer forcemain together with all valves, fittings, and other necessary appurtenances over the following described route: Connecting to the City's existing system at the intersection of the extension of the Southeasterly boundary of the Plat of Prairie Creek and Middle Road S.E. and extending Southeasterly within the Middle Road right-of-way a distance of 993.0 feet. Said system is to serve property owned by the Developer and known as Willow Glenn, Divisions 1 and 2, records of Thurston County, Washington. All constructed in accordance with standards of the City of Yelm and in accordance with plans on file in the office of the City Engineer and approved on ~//8~oa tF ~~S/o3 WHEREAS, said S.T.E.P. sewer forcemain line passes by properties, the owners of which may wish to use said S.T.E.P. sewer in the future, and WHEREAS, the Developer has prepared a listing attached to this agreement and designated as Exhibit "A", containing the construction costs of said S.T.E.P. sewer extension including applicable sales tax, and legal descriptions of all properties along said line which have not paid their full pro rata share of the cost of construction of said S.T.E.P. sewer facility, and WHEREAS, the City is willing to accept said S.T.E.P. sewer as part of the City's sewer system and in return collect from future users of said S.T.E.P. sewer forcemain their pro rata share of the cost of said line to be reimbursed to the Developer. Now, therefore, it is hereby agreed between the parties as follows: The City shall accept ownership of said S.T.E.P. sewer and facilities and the Developer shall execute any documents necessary to place complete ownership of said lines in the City. From the time of acceptance by the City, the facilities shall belong to the City and the City shall be responsible for their maintenance and operation and shall be entitled to all revenues derived from the transmission of sewage through said lines. 2. For a period of fifteen (15) years from acceptance of the S.T.E.P. sewer system by the City, the City shall collect from the owners of properties listed in Exhibit "B" prior to allowing connection of said properties to the S.T.E.P. sewer facilities, the fair pro rata S.E.G. Page 1 of 3 share of the cost of construction of this subject line and shall pay said sums to the Developer. Said Exhibit "A" having been prepared by the Developer, shall be approved by the City and recorded at the expense of the Developer. 3. Reimbursement shall be collected by the City of Yelm from those tapping into or using said facility as provided in the previous paragraph in accordance with the following formula on Exhibit "A". The City shall deduct ten percent (10 %) from the collected reimbursed amount as a fee for administering the terms of this agreement. In the event of the Developer's assignment of any interest in this contract, written notice thereof shall be given to the City of Yelm. Until then, all City payments to the developer under this contract shall be sent to the following address: Yelm Property Development, LLC 16422 Middle Road S.E. Yelm, WA 98597 Or to such address as the party of the first part may hereinafter direct in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands the day and date first above written. YELM PROPERTY DEVELOPMENT, LLC General Partner General Partner STATE OF WASHINGTON ) )ss Thurston County ) On this day personally appeared before me ~.rh,~,' s ~ . ~k ~G s~ .o to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the use and purposes therein mentioned. GIVEN under my hand and official seal this ~~-i day of ,an~., ~ , 2004. NOTARY P BLIC in the State of Washington Residing at ~ / , El~IK 1. HEIMANN ~ NUTARY PUBLIC ~ ~ SIATE OF WASHINGTON ~ ~ My Commission Expires June 5, 2004 i ~....,..~..~...,..o~~~_....... S.E.G Page 2 of 3 Attest: ,, ~% / ~L City Jerk A ved as form: C Ci Attorney S.E.G. Page 3 of 3 d E G A ~ f M N ~ ti O C ~ N ~ 0 i N ll~ i M ' M i N M N O CO ~ iM : 00 O iO O o ~ ': M : V' ! M ~ M N O O ......_ ............._. 64 .........._..___.. ~ EA ._._i._....___..._..... ! 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O M M O ~ M ti N ~ i 0 d •~ EH Ef3 7 ~ !Z ~ ~ N M O .N+ O O ~ O ~ R ~ ~ Z ~ o ~ ~ ...._.._..._ .......... .............. ..........._.............. _....._...._ .......... 3 C O C!J ' ~ L O C ~ i y -L `~ p p r (~ L ~ ~ ~ ~ ~ ~~ O O ~ c~ •~ Tv iu Z o o 0 0 0 0 li U W FO- FO- v co o co 0 cfl 0 ` N n E ~ ~ ~ N M ' ' C O ~C O NCO ~ I~ t~ N ~ ~ ~ 07 O lL') ~ L(') ~ M CO ~ LC) O l M 'O ~ ~ I'fl ~ ~ O ~ N ~ N a ~ ~ ~ O i l O O O C/~ ~ Cn Z Z ~"' O ~ ~ r i r ~ LL') `_ N r O C C C C O O O O O O ~ ~ 0 0 ~' ~ O O M ! M ~ ~ O ..O ~ -N to ~ N ~ O l[7 O M O N N p 64 O N 0 X ~ O N Q7 O ~ _U o in ~ o p -~ II ~ i O ~ LL ~ v c ~ c V U U •o m ~ d C LL C O o U U ~ m ~ c 0 0 U LL. 0 64 63 62 61 60 B 65 59 58 993 LF OF 6"~ S. T.E.P. 66 SEWER MAIN 57 56 67 5 6 7 8 9 55 54 68 53 52 4 LOW GLEN 51 50 O 3 2 12 13 14 49 48 PLAT OF ~ 1 11 B 15 47 46 8 PRAIRIE CR EK s°o 10 18 17 16 45 44 A 5O 19 43 42 'mss 20 ~oo ~ 23 41 40 SCHMIDT ETAL 4 ~~~ 22 24 39 38 64303600800 O ~ 21 r~~ C 25 37 36 CHMIDT ETAL O 'o° ~~ 34 64303600801 26 35 MEYERS O S 27 D 2 33 64303600701 's, ~ 28 32 °° 29 31 O A 30 2 ~ DOTSON ~~~, o s 64303600700 O1 \~/ DOTSON J 64303600600 ~ SCALE If l F=EET \ ~ ~ ~ 0 100 200 400 WILLOW GLENN DIV S 1 & 2 C SKILLINGS ~CONNOLLY EXHIBIT B PROCEDURA,~. SUMMARY LATECOMER AGREEMENTS FOR WATER AND SEWER PROJECTS 1. Owner or owners propose utility construction reimbursement contract to City. 2. Community Development Director makes preliminary,determination, within 30 days of receipt of proposal that it will either process the utility construction reimbursement contract or that it will not as proposed. If the Director's preliminary determination is that it will process such a contract, the Director shall prepare a recommendation to the City Council and set a public hearing before the Council to consider the contract, with the proper notice. 3. Ciry Council holds public hearing 4. City Council adopts ordinance authorizing the Mayor to enter into a utility construction reimbursement contract. 5. Mayor and property owner execute utility construction reimbursement contract. 6. Utility construction reimbursement contract shall be recorded with the County Auditor within thirty (30) days of execution and, upon such recording, the con#ract is binding on all owners within the assessment reimbursement area and their heirs, successors, and assigns. 7. Water and sewer projects are constructed. 8. The parties to the utility construction reimbursement contract execute an addendum to the utility construction reimbursement contract providing as follows: a- Actual costs.of construction; b. Actual costs,,of design and engineering; c. Contract administration costs; and d. Actual assessment imposed on each owner within benefit area. 9. City records addendum in same manner as original contract. 10. Property owners in area subject to utility construction reimbursement contract pay assessments to the City prior to development of their property. 11. Within sixty (60) days of receipt of payments under the utility construction reimbursement contract, the City shall distribute such payments to the developers according to the terms of the utility construction reimbursement contract. trl0/Z00'd trtr5#3 trtrl£ 8Str 09£ A30 WW00-Wl3A 30 AlIJ trl~£l tr00Z-trZ-833 12. Has an application for a building permit, rezone, subdivision approval, planned residential project, or any part thereof been submitted to the City? Yes ~ No 13. The developer understands that the City will not approve the plans for the proposed development until a latecomer Agreement has been executed by both parties. 14. The City has required and the developer requests a Latecomer Agreement for a. Street Improvements b. Water Extension '~ c. Sewer Extension '~ d. Other 1 have read and fully understand the foregoing conditions and agree to adhere to the procedures and requirements of the developer extension manual and extension agreement and the ordinances, rules, and regulations of the City. Developer (Name of (Typed or printed name) ~QPiniyueYh. ,, (Signature) Its ~'~'„~-gE-2 (Title) Date: ~ ~s ~ ~ trl0/£00'd trtr5#d trtrlE 8Str 09£ A30 WW00-Wl3A d0 AlIa trl~£l tr00Z-trZ-83d AGENDA ITEM # 8 0~. City of Yelm Community Development Department P.O. Boz 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: July 21, 2004 Re: Resolution #445 -LID Segregation Exhibits: • Application for Segregation of LID Assessment • Resolution No. 445 • Exhibit A - Current Parcel Configuration Map • Exhibit B -New Parcel Configuration Map • Exhibit C - Segregation of Assessment • Exhibit D - RCW § 35.44.410 SUBJECT Resolution No. 445 authorizing the segregation of the local improvement district assessment and re-allocation of Equivalent Residential Units for Thurston County tax parcel number 64303600302. This property is located within the boundary of Utility Local Improvement District No. 1. FISCAL IMPACT The number of Equivalent Residential Units currently assigned to this parcel is 14, and all previously billed local improvement district installments have been paid. The estimated value of the property involved is sufficient in the unlikely event that foreclosure should become necessary to collect any future delinquent principal and interest payments. The applicant Denny Balascio, Yelm Property Development, LLC has submitted the required application and fee for processing the segregation request. LEGAL CONSIDERATION Section 35.44.410 of the Revised Code of Washington requires that requests for segregation be approved by City Council action. This action will segregate and proportionally distribute the existing assessment for Utility Local Improvement District No. 1 upon real property as recorded by the Thurston County Assessor's Office. BACKGROUND On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington stipulates that "segregation shall be made as nearly as possible on the same basis as the original assessment." Each parcel shall be allotted one Equivalent Residential Unit and the assessment is therefore divided equally between each of the newly configured parcels benefiting from the improvements. EFFECTIVE DATE This resolution will become effective immediately upon adoption by the City Council. RECOMMENDATION Staff recommends adoption of Resolution No. 445 authorizing the requested segregation of the original assessment in Utility t_ocai ;mprGVemcni District No. 1. CITY OF YELM RESOLUTION NO. 445 A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO SEGREGATE AN ORIGINAL ASSESSMENT UNDER UTILITY LOCAL IMPROVEMENT DISTRICT NO. 1, PURSUANT TO SECTION 35.44.410 OF THE REVISED CODE OF WASHINGTON WHEREAS the City of Yelm has been requested to segregate an original assessment for Utility Local Improvement District No. 1 in accordance with Section 35.44.410 of the Revised Code of Washington on property identified as tax parcel number 64303600302 in the records of the Thurston County Assessor; and WHEREAS the current parcel is shown on the map attached hereto as Exhibit A and the new parcels assessed is shown on the map attached as Exhibit B; and WHEREAS all previously billed assessment installments have been satisfied and the affected account is paid current; and WHEREAS this segregation will not jeopardize the security of the lien for the assessment or reduce the security for any outstanding local improvement district obligations payable from such assessment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Segregation shall be made on the original assessment roll of Local Improvement District No. 1 which was confirmed and adopted by Ordinance No. 674 on September 29, 1999. Section 2. Segregation shall affect assessment account number 01-170A of Utility Local Improvement District No. 1 as described in the adopting ordinance and identified as Thurston County Assessor tax parcel number 64303600302. Section 3. Segregation shall result in 11 new parcels with proportional assessments representing one Equivalent Residential Unit apiece as shown on Exhibit B. The confirmed assessment amounts for the new parcels shall total $14,706.74 and shall equal the confirmed original assessment amount of 11 Equivalent Residential Units before segregation. The remaining principal balance for the current parcel shall total $4,717.72 and equal the combined remaining principal balance before segregation, with a total of 3 Equivalent Residential Units. ADOPTED by the Council of the City of Yelm, Washington at its regular meeting on the 28r" Day of July, 2004. CITY ~F Y~LM, WASHINGTON Rivas, Mayor AUTHENTICATED: i ~,U~. Agne ennick, City Clerk PASSED and APPROVED July 28 , 2004 CITY OF YELM APPLICATION TO SEGREGATE LID ASSESSMENT PLEASE COMPLETE AND City of Yelm, Community Development Department RETURN THIS FORM TO: 105 Yelm Ave. W, P.O. Box 479, Yelm, WA 98597 Applicant: Denny Balascio, Yelm Property Development, LLC Mailing Address: 16422 Middle Road SE City, St., Zip: Yelm, WA 98597 Telephone: (360) 458-0544 Property Owner: Fran Sherrill, Director, Senior Multipurpose Center of Yelm Mailing Address: PO Box 757 Ciry, St., Zip: Yelm, WA 98597 Telepone: (360) 458-7733 Current Parcels Current Assessment (Tax Parcel No.) Amount 64303600302 $18,717.66 New Parce( Description (Tax Parcel No. Number of ERU's 84070003500 1 ERU 84070003600 1 ERU 84070003700 I ERU 84070003800 1 ERU 84070003900 1 ERU 84070004000 1 ERU 84070004100 I ERU 84070004200 1 ERU 84070004300 1 ERU 84070004400 1 ERU 84070004500 I ERU (if additional space is required, please attach the requested information on a separate sheet) 1. The undersigned holds an ownership interest in the above referenced parcels(s) located within a local improvement district in the City of Yelm, Thurston County, Washington. 2. The City of Yelm is hereby requested to segregate the assessment amount(s) listed above in accordance with the new property configuration. 3. This application for segregation of assessment is made under the provisions of § 35.44.410 of the Revised Code of Washington. F/nz I'ib '•r [ L c Applican (please print) Owner (pleas pri ) ~~i~ ~.~ /37 . ~ ` c.~/ 111 y Signature ., Signature 7;r Date ~i~ ~~ Date ASSESSMENT SEGREGATION FEE A segregation fee is due per § 35.44.410 of the Revised Code of Washington as a condition of final map approval. The fee for less than 6 new parcels is $850. For segregation requests resulting in 6 or more new parcels, the fee is $1,000 plus $25 for each parcel over 10 parcels. Please include payment with this completed form. Questions may be directed to Public Finance at (425) 885-1604. CITY USE: RECEIPT # 32289 DATE:JuIy 13, 2004 BY: TRM Exhibit A Yelm Senior Center/Yelm Property Development LID Segregation A / YELM SENIOR CENTE ~ ' 64303600302 ~. \~ \, \~ \~ \~~ .~ ` 1Q3R0 ASIE_SF ~, - I I I I ZI ~I ~I I 2 ~_ !~ i _- , _ i I , ` ~ ' ' ___ ~-_----- ---= - ------ -__ _ i ~ i r-- -ul _ I ~ '- --s a r _ -~ - -- ~ Q c~ -- I i 7- _ ~ WJ ---- `\-\ , j ~/ _ -- - ~ - -i ' I `_' i -; ". R ~ i ~ ,~ ,. S~, - -- 4~ z f ~ \ _ GAF ~ ,~~ \_nis ~ ~ ; _. __ \ U/ ~ I - -- -- _ _ \\ ~~\ ~' N~. ___ _~ ~ Exhibit B Yelm Senior Center/Yelm Property Development LID Segregation ~~~ ~~` ~~% ._ _. _ ~ASC'A{3+A 'O 1 i 84070004500 .~C ,,,' ,, 84070004300 ~ 84070004100 84070003900 84070003700 84070003500 ~N ~c .PPS s N Yelm Property Development Parcel numbers: 84070004400 84070004200 84070004000 84070003800 ~ 84070003600 J; Exhibit C -Segregation of Assessment CITY OF YELM, WASHINGTON Utility Local Improvement District No. 1 CURRENT ASSESSMENT Account Tax Pueel No. ERUs Assessmetrt Rem. Balance Property Owner 01-170A 64303600302 14 $25,524.10 $18,717.66 Senior Mufti-Purpose Center of Yelm AMENDED ASSESSMENTS Aeeourrt Tax Pucel No. AssessmerR Rem. Balance Property Owner 01-170A-01 84070004500 1 $1,823.15 $1,336.98 Yelm Property Development LLC 01-170A-02 84070004300 1 1,823.15 1,336.98 Yelm Property Development LLC 01-170A-03 84070004100 1 1,823.15 1,336.98 Yelm Property Development LLC 01-170A-04 84070003900 1 1,823.15 1,336.98 Yelm Property Development LLC 01-170A-05 84070003700 1 1,823.15 1,336.98 Yelm Properly Development LLC 01-170A-06 84070003500 1 1,823.15 1,336.98 Yehn Property Deveopment LLC 01-170A-07 84070004400 1 1,823.15 1,336.98 Yelm Property Development LLC 01-170A-08 84070004200 1 1,823.15 1,336.98 Yelm Property Development LLC 01-170A-09 84070004000 1 1,823.15 1,336.98 Yelm Properly Development LLC 01-170A-10 84070003800 1 1,823.15 1,336.98 Yelm Properly Development LLC 01-170l~11 84070003600 1 1,823.15 1,336.98 Yelm Properly Deveopment LLC 01-170A-12 Remainder Portion 3 5,469.45 4,010.88 Senior Multi-Purpose Center of Yelm 12 Assessed Parcels $25,524.10 $18,717.66 Page 7 of f EXHIBIT D RCW 34.44.410 RCW 35.44.410 Segregation of assessments. Whenever any land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the legislative authority thereof determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered a fee often dollars for each tract of land for which a segregation is to be made. In addition to such charge the legislative authority of the city or town may require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city or town shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment. [1969 exs. c 258 § 10 __ _ __. -~.~:.. ~~ Public Finance Inc. LID Administration /Debt Management Facsimile Transmittal TO: Tami Merriman, Assistant Planner FAX: 360-458-3144 FROM: Rick Knopf DATE: July 13, 2004 RE: Yelm Senior Center LID segregation I reviewed the segregation package you faxed over this morning and prepared the attached apportionment exhibit to discuss with you. ~- 17519 NE 137"' STREET • REDMOND, WA 98052-2182 • (425) 885-1604 • FAX: (425) 885-2103 ~oF T"ep9~l CITY OF :~ YELM P.O. Box 479 Yelm, WA 98597 YELM 360-458-8403 RECENJED~ . ~~-~ -~, n; r n,TT_. RECEIVED FROM _ DATE REC. NO. RECEIPT No. ~ 2 ~ 8 9 AMOUNT REF. NO. ~1 1 ti ~~ L i! .r : i i'r .iJ ~J U .J I-~. L1 1...E 1 L -~~~+nr7L+-r ~? (~~ FT"Epp CITY OF a ~ YELM P.O. Box 479 Yelm, WA 98597 YEL1K 360-458-8403 RECEI~/'EEr,~ TriCi~`,'I'?<ll 'Tj~;'i3TY DOLLARS « 91 CENTS RECEIVED FROM ---:,ii r^0='ErTY E`I~,LOrffENT - :: YY i a it J - _._~_. ~'1} JL.~_t ~..l ..J '<i J?LLiiLLf:l YLl __...,i:_1 __ei, _iYLtiPa irV'IC7>T_i Jfa~ l~li~1..^ ~~f iJ~ C~il7l,ll'L~~i~4~u4'P: L.~~.i~`~~.t_Jg _ ' _ - _ _ ~ _ _ _ _ _ v . ~ . , li ~ 1 ~ L .~i' ~r ~f ~ Y~1 ~ i=~. 1 i ~ Y~ _~ ti~ G~ ~ L' J _- ~:i ~ t\ t~ i t ~ l~ i .. ~ , ~ r• :..` _ W 7 W D f- O d O O ~ ~ ~ _ r ¢ CD LL CO '~ Cl~ •-- ~ CO ~ ~ W } i--~ p Z O O fn O N p W L ~ tt') LL ~ ~ 07 J V7 O F-- Ll ~' I J OU ~ O ~ O~-~C7 ~--a O O H .~- tY) . - Z 0 0 ~ ~ f O 6 CD O CV p W tOfJ O R7 H O i--- ~~~Q I Z JJCO N \Z~O U Cn 3 0 W .J O Q~ .-F-- _Ip ~ NZ~ ~~ ~F-- rv F- O W CD 0 0 N ~Y ~--~ *t W - a H_ J (D W C 7 E H Y~ DATE REC. NO. RECEIPT No. 3 2 2 9 0 AMOUNT i, REF. NO. ~ - ~J ~. 1J ~SISCELLT~N~Jv, ii~C,C?Pi GiETi~Hi:~F O 1 O O 11 O ~ O O i~ _~ IS7 1 ~ ~ II -• ~' I ~ d' I1 F- CO i CD CD ~ ~ LL - I r- .- II t--t . 11 W I II U • W ~ ~ O >. C/) ~ H ~ R D ~ f-' O Y es F - W Y C7 ~ U W Cn Q W J d Thurston County Property System U Page 1 of 1 Sear Stree Name Soi Sequence Matchin records Displayin page Jump to Party Role Situs Address City Property Number GOMEZ, CHAVEZ I & MELISSA Owner 9909 GREENLEAF LP SE YELM 84070002300 GOMEZ, CHAVEZ I & MELISSA Taxpayer 9909 GREENLEAF LP SE YELM 84070002300 HUTCHINS, RAYMOND C & SUSAN K Owner 9905 GREENLEAF DR SE YELM 8407000.1500 HUTCHINS, RAYMOND C & SUSAN K Taxpayer 9905 GREENLEAF DR SE YELM 84070001500 KOEHNEN, THOMAS &EILEEN Owner 9855 GREENLEAF LP SE YELM 84070006800 KOEHNEN, THOMAS &EILEEN Taxpayer 9855 GREENLEAF LP SE YELM 8407000680..0.... KOEHNEN, THOMAS &EILEEN Taxpayer 9951 AND 9801 GREENLEAF LP SE YELM 840703.00000__ PRICE, RICHARD A & PENNY L Taxpayer 9807 GREENLEAF LP SE YELM 8407000600_.0 TAYLOR, JAMES M &KIMBERLEY Owner 9907 GREENLEAF DR SE YELM 84070001600 TAYLOR, JAMES M &KIMBERLEY Taxpayer 9907 GREENLEAF DR SE YELM 84070001600 VUKSINIC, JOHN D & JILL R Owner 9903 GREENLEAF DR SE YELM 84070001400 VUKSINIC, JOHN D & JILL R Taxpayer 9903 GREENLEAF DR SE YELM 84070001400 YELM DEVELOPMENT LLC Owner 9915 GREENLEAF LP SE YELM 84070002400 YELM DEVELOPMENT LLC Taxpayer 9915 GREENLEAF LP SE YELM 84070002400__ YELM DEVELOPMENT LLC Owner 9909 GREENLEAF LP SE YELM 84_.0....70002500 YELM DEVELOPMENT LLC Taxpayer 9909 GREENLEAF LP SE YELM 84070002500 YELM DEVELOPMENT LLC Owner 9927 GREENLEAF LP SE YELM 84070.002600 YELM DEVELOPMENT LLC Taxpayer 9927 GREENLEAF LP SE YELM 84070002600 YELM DEVELOPMENT LLC Owner 9933 GREENLEAF LP SE YELM 8407000270_0 YELM DEVELOPMENT LLC Taxpayer 9933 GREENLEAF LP SE YELM 84070002700 Click the property number link for detailed information about that property F =~ _ . r''. ~~~~ New Searcl~ ~ Next Page https://fortress.wa.gov/thurstonco/propinfo/propsgl/dispatch.asp 7/12/2004 Thurston County Property System Page 1 of 1 Sear Stree Name Soi Sequence Matchin records Displayin page Jump to Party Role Situs Address City Property Number YELM DEVELOPMENT LLC Owner 9939 GREENLEAF LP SE YELM 84070002800 YELM DEVELOPMENT LLC Taxpayer 9939 GREEN LEAF LP S YELM 84070002800 YELM DEVELOPMENT LLC Owner 9945 GREEN LEAF LP SE YELM 84070002.900 YELM DEVELOPMENT LLC Taxpayer 9945 GREEN LEAF LP SE YELM 84070002900 YELM DEVELOPMENT LLC Owner 9957 GREENLEAF LP SE YELM 84070003000. YELM DEVELOPMENT LLC Taxpayer 9957 GREENLEAF LP SE YELM 84070003000 YELM DEVELOPMENT LLC Owner 9963 GREENLEAF LP SE YELM 84070003100 YELM DEVELOPMENT LLC Taxpayer 9963 GREEN LEAF LP SE YELM 84070003100 YELM DEVELOPMENT LLC Owner 9969 GREENLEAF LP SE YELM 84070003200 YELM DEVELOPMENT LLC Taxpayer 9969 GREENLEAF LP SE YELM 84070003200 YELM DEVELOPMENT LLC Owner 9975 GREENLEAF LP SE YELM 84070003300 YELM DEVELOPMENT LLC Taxpayer 9975 GREENLEAF LP SE YELM 84070003300 YELM DEVELOPMENT LLC Owner 9981 GREENLEAF LP SE YELM 84070003400 YELM DEVELOPMENT LLC Taxpayer 9981 GREENLEAF LP SE YELM 840700034_00 YELM DEVELOPMENT LLC Owner 9946 GREENLEAF LP SE YELM .840700_03..5..00. YELM DEVELOPMENT LLC Taxpayer 9946 GREENLEAF LP SE YELM 84070003500 YELM DEVELOPMENT LLC Owner 9952 GREENLEAF LP SE YELM 84070003.600_ YELM DEVELOPMENT LLC Taxpayer 9952 GREENLEAF LP SE YELM 84070003600 YELM DEVELOPMENT LLC Owner 9940 GREENLEAF LP SE YELM 84070003700_ YELM DEVELOPMENT LLC Taxpayer 9940 GREENLEAF LP SE YELM 84070003700 Click the property number link for detailed information about that property ~ Prev Page New Searcl~ Text Pale ~- https://fortress.wa.gov/thurstonco/propinfo/propsgl/dispatch.asp 7/12/2004 2 \! Thurston County Property System Page 1 of 1 Sear Stree Name Soi Sequence Matchin record<_ Displayin page Jump to Party Rale Situs Address City Property Number YELM DEVELOPMENT LLC Owner 9958 GREENLEAF LP SE YELM 84.07000380.0. YELM DEVELOPMENT LLC Taxpayer 9958 GREENLEAF LP SE YELM 84070003800 YELM DEVELOPMENT LLC Owner 9934 GREENLEAF LP SE YELM 84070003900 YELM DEVELOPMENT LLC Taxpayer 9934 GREENLEAF LP SE YELM 84070003900 YELM DEVELOPMENT LLC Owner 9964 GREENLEAF LP SE YELM 84070004000 YELM DEVELOPMENT LLC Taxpayer 9964 GREENLEAF LP SE YELM 84070004000.. YELM DEVELOPMENT LLC Owner 9928 GREENLEAF LP SE YELM _8.4.07.0.00410_0_. YELM DEVELOPMENT LLC Taxpayer 9928 GREENLEAF LP SE YELM 84070004100 YELM DEVELOPMENT LLC Owner 9970 GREENLEAF LP SE YELM 84070004200 YELM DEVELOPMENT LLC Taxpayer 9970 GREENLEAF LP SE YELM 840700042.00 YELM DEVELOPMENT LLC Owner 9922 GREENLEAF LP SE YELM 84070004300 YELM DEVELOPMENT LLC Taxpayer 9922 GREENLEAF LP SE YELM 84070004300 YELM DEVELOPMENT LLC Owner 9976 GREENLEAF LP SE YELM 84070004400. YELM DEVELOPMENT LLC Taxpayer 9976 GREENLEAF LP SE YELM 84070004400 YELM DEVELOPMENT LLC Owner 9916 GREENLEAF LP SE YELM 8407000_.4500 YELM DEVELOPMENT LLC Taxpayer 9916 GREENLEAF LP SE YELM 84070004500 YELM DEVELOPMENT LLC Owner 9982 GREENLEAF LP SE YELM 84070004600 YELM DEVELOPMENT LLC Taxpayer 9982 GREENLEAF LP SE YELM 84070004600 YELM DEVELOPMENT LLC Owner 9910 GREENLEAF LP SE YELM 84070004700 YELM DEVELOPMENT LLC Taxpayer 9910 GREENLEAF LP SE YELM 84070004700 Click the property number link for detailed information about that property .~ Prev Rare I'41~w Search Next R ace https://fortress.wa.gov/thurstonco/propinfo/propsgl/dispatch.asp 7/12/2004 ~~ ~;A Thurston County Property System Page 1 of 1 Sear Stree Name Soi Sequence Matchin records Displayin page Jump to Party Role Situs Address City Property Number YELM DEVELOPMENT LLC Owner 9988 GREEN LEAF LP SE YELM 84070004800 YELM DEVELOPMENT LLC Taxpayer 9988 GREENLEAF LP SE YELM 84070004800 YELM DEVELOPMENT LLC Owner 9904 GREENLEAF LP SE YELM 84070004900_ YELM DEVELOPMENT LLC Taxpayer 9904 GREENLEAF LP SE YELM 84070004900 YELM DEVELOPMENT LLC Owner 9802 GREENLEAF LP SE YELM 84070005000 YELM DEVELOPMENT LLC Taxpayer 9802 GREEN LEAF LP SE YELM 840700050.00 YELM DEVELOPMENT LLC Owner 9856 GREENLEAF LP SE YELM 84070005100 YELM DEVELOPMENT LLC Taxpayer 9856 GREENLEAF LP SE' YELM 84070005100 YELM DEVELOPMENT LLC Owner 9850 GREENLEAF LP SE YELM 84070005300 YELM DEVELOPMENT LLC Taxpayer 9850 GREENLEAF LP SE YELM 84070005300. YELM DEVELOPMENT LLC Owner 9814 GREENLEAF LP SE YELM 84070005400 YELM DEVELOPMENT LLC Taxpayer 9814 GREEN LEAF LP SE YELM 84070005400 YELM DEVELOPMENT LLC Owner 9844 GREEN LEAF LP SE YELM 84070005500 YELM DEVELOPMENT LLC Taxpayer 9844 GREENLEAF LP SE , YELM 84070005500 YELM DEVELOPMENT LLC Owner 9820 GREENLEAF LP SE YELM 84070005600 YELM DEVELOPMENT LLC Taxpayer 9820 GREENLEAF LP SE YELM 84070005600 YELM DEVELOPMENT LLC Owner 9838 GREENLEAF LP SE YELM 84070005700 YELM DEVELOPMENT LLC Taxpayer 9838 GREENLEAF LP SE YELM 84070005700 YELM DEVELOPMENT LLC Owner 9826 GREENLEAF LP SE YELM 84070005800 YELM DEVELOPMENT LLC Taxpayer 9826 GREENLEAF LP SE YELM 84070005800 Click the property number link for detailed information about that property ~ Prev Page _ New Search _ ___ _ _ ___. _ n.>. .... Next Page - - __ -- - ~ ... - -~ https://fortress.wa.gov/thurstonco/propinfo/propsgl/dispatch.asp 7/12/2004 ova ~u Thurston County Property System Page 1 of 1 Sear Stree Name Soi Sequence Matchin records Displayin page Jump to Party Role Situs Address City Property Number YELM DEVELOPMENT LLC Owner 9832 GREENLEAF LP SE YELM 84070005900_ YELM DEVELOPMENT LLC Taxpayer 9832 GREENLEAF LP SE YELM 84070005900 YELM DEVELOPMENT LLC Owner 9807 GREENLEAF LP SE YELM 84070006000 YELM DEVELOPMENT LLC Owner 9813 GREENLEAF LP SE YELM 84070006100 YELM DEVELOPMENT LLC Taxpayer 9813 GREENLEAF LP SE YELM 84070006100 YELM DEVELOPMENT LLC Owner 9819 GREENLEAF LP SE YELM _8.4070006..2...00 YELM DEVELOPMENT LLC Taxpayer 9819 GREEN LEAF LP SE YELM 84070006200 YELM DEVELOPMENT LLC Owner 9825 GREENLEAF LP SE YELM 84070006300 YELM DEVELOPMENT LLC Taxpayer 9825 GREENLEAFLP SE YELM 84070006300 YELM DEVELOPMENT LLC Owner 9831 GREENLEAFLP SE ~ YELM 840700064.0.0 YELM DEVELOPMENT LLC Taxpayer 9831 GREENLEAF LP SE YELM 84070006400 YELM DEVELOPMENT LLC Owner 9837 GREENLEAF LP SE YELM 84070006500 YELM DEVELOPMENT LLC Taxpayer 9837 GREENLEAF LP SE Y YELM 84070006500 YELM DEVELOPMENT LLC Owner 9843 GREENLEAF LP SE YELM 84070006600 YELM DEVELOPMENT LLC Taxpayer 9843 GREENLEAF LP SE YELM 84070006600 YELM DEVELOPMENT LLC Owner 9849 GREENLEAF LP SE YELM 84070006700 YELM DEVELOPMENT LLC Taxpayer 9849 GREENLEAF LP SE YELM 84070006700 YELM DEVELOPMENT LLC Owner 9951 AND 9801 GREENLEAF LP SE YELM 84070300000 Clink the property number link for detailed information about that property '!~.. Prev Pa e ~ _._,n . _.~.__._ '~.._._.~ I'tlew ~e~rcli I~e~€t P~i~ ~~~ https://fortress.wa.gov/thurstonco/propinfo/propsgl/dispatch.asp 7/12/2004 >r ~:: ::~ r ,i i ~:::;.:.., :~:;I Public Finance Inc. LID Rdminrsfrafrvn /Debt Management Facsimile Transmittal TO: Tami Merriman FROM: Rick Knopf DATE: July 9, 2004 RE: Yelm Senior Center - ERU Transfer Here is a current statement for the Yelm Senior Center that shows the assessment balance for the remaining 14 ERU's. If only 10 or 11 ERU's are being transferred out at this time, we WILL need to segregate a portion of assessment for those ERU's from the current assessment. The transfer process works if the entire assessment is being moved to another single parcel but in this case the assessment is going to be split and the new pieces reassigned to 10 or 11 separate parcels. ~. 17519 NE 13701 STREET • REDMOND, WA 98052.2182 • {425) 885.1604 • FAX {425) 885.2103 ~~"-.'`-~~`"`~ CITY OF YELM ~~ .~:~ ~~~~~~,~~..~ LJtility Local Improvement District No. 1 ASSESSMENT INFORMATION Account Number Property Owner Situs Address Tax Parcel Number 01-170A Senior Multi-Purpose Center 13530 SE 103rd Ave 64303600302 Assessment 525,524.10 Pr~n Balance 518,717.66 Interest Rate 6.20% Term (years) 1S ESTIMATED AMORTIZATION SCHEDULE Due Date Installment Principal Interest Total Due End Balance 10/15/2004 5 1,701 61 1,244 52 2,946 13 17,016 05 10/15/2005 6 1, 701 61 1,055 00 2, 756 61 15, 314 44 10/15/2006 7 1,701 61 949 50 2,651 11 13,612 83 10/15/2007 8 1,701 61 844 00 2,545 61 11,911 22 10/15/2008 9 1,701 61 738 50 2,44011 10,209 61 10/15/2009 10 1,701 61 633 00 2,334 61 8,508 00 10115/2010 11 1,701 61 527 50 2,229 11 6,806 39 10/15/2011 12 1, 701 61 422 00 2,123 61 5,104 78 10/1512012 13 1,701 61 316 50 2,018 11 3,403 17 10/15/2013 14 1,701 61 211 00 1,912 61 1,701 56 10/15/2014 15 1, 701 56 105 50 1, 807 06 0 00 $18,717.66 $7,047.02 $25,764.68 PRE-PAYMENT QUOTE Principal Balance Next Interest Payment Delinquent Interest Penalties 1 Costs $18,717 66 1,244 52 0 00 0 00 Please remit payment to: City of Yelm 1 LID AdmmistraUon PO Box 479 Yelm, WA 98567 PAYMENT IN FULL: $19,962.18 Quote valid through: Oct. 15, 2004 TAU puofe rs vafrd orNy fhrough the date uidreafed 7o permanently remove this lren please pay t1~e amounf drown as Payment in FuU uestrons snou7d be directed to Public Finance a! (425) 885.1604 t ~ I i `J 1 ~~~ ~~~ CONSENT OF MEMBERS OF YELM PROPERTY DEVELOPMENT, LLC Pursuant to statute and the limited liability company agreement of the Limited Liability Company, the undersigned, being all of the members of the Limited Liability Company, by this instrument hereby consent to the adoption of the following resolution: Denny Balascio, as a member and manager of the Limited Liability Company, has authority to execute, enter into and fully comply with all terms and conditions of the "Agreement' Regarding Sale of Equivalent Residential Units" and "City of Yelm Local Improvement District No. 1 Agreement with Respect to Certain Assessments", with respect to the acquisition of 24 "ERUs" from Laura L. Pratt, which presently are appurtenant to the Pratt Property located in Thurston County, Washington, described as follows: Parcel B of Boundary Line Adjustment No. BLA-1054, as recorded April 2, 1991, in Volume 10 of Boundary Line Adjustments, pages 594 through 597, inclusive, under auditor's file no. 9104020180; and as part of said agreements to affect the transfer of 13 of said ERUs to the following described property of the LLC in Thurston County, Washington: Parcel A of Boundary Line Adjustment No. BLA 00-8260YL as recorded on September 21, 2000, under auditor's file no. 3314745. YELM PROPERTY DEVELOPMENT, LLC Denny cio, Member Date Loren Wade, Member Date iu~i~~N~u~nuu~H~~ii~~ii a~,~o.fp Thurston County Property Inquiry SPL ~~ ~:~ Use these buttons to display different information for this property New Search ~ Basic Info Values e Structures Permits ~ Sales ~ Feedback ~ Map into Owner/Taxpayer Information Role Pct Name Street City State Country Zip Owner 100% SENIOR MULTI-PURPOSE CENTER OF YELM PO BOX 474 YELM WA USA 98597 Taxpayer 100% SENIOR MULTIPURPOSE CTR-YELM PO BOX 474 YELM WA USA 98597 Parcel Information Situs Address: 13530 SE 103RD AVE Legal Description: MC KENNA IRRIG PTN L3 636 NKA TRACT B BLA-1054 10/596 Sect/Town/Range: 20 17 2E Size: 4.49 Acres Use Code: 18 Other Residential TCA Number: 182 Neighborhood: 28M1 Property Type: MOBILE-HOME Taxable: YES Fire District: FIRE DISTRICT #02 School District: YELM S.D. #2 Water Source: WELL Sewer Type: SEPTIC Office of the Assessor Patricia Costello, Assessor 2000 Lakeridge Drive SW -Olympia, WA 98502 Customer Service (360)786-5410 -- Fax (360)754-2958 -- TDD (360)754-2933 Page 1 of 1 Basi Propert https://fortress.wa.;;ov/thurstonco/propinfo/propsgl/basic.asp?fe=PS&pn=64303600302 7/9/2004 Thurston County Property Inquiry SPL a~ ~:~~ Use these buttons to display different information far this property New Search ~ Basic Into -Values Structures Permits ~ Sales ~ Feedback ~ Map Into Value Information Page 1 of 1 Vala Propert Tax Year 2004 2003 2002 2001 2000 1999 Assessment 2003 2002 2001 2000 1999 1998 Year Market Value $15,700 $15,700 $15,700 Buildings Market Value Land $72,300 $61,950 $50,850 $28,000 $28,000 $28,000 Market Value Total $72,300 $61,950 $50,850 $43,700 $43,700 $43,700 Please note: Current year taxes are calculated on the prior assessment year market value, less adjustments for approved exemptions Exemption Information Active exemptions: None Office of the Assessor Patricia Costello, Assessor 2000 Lakeridge Drive SW -Olympia, WA 98502 Customer Service (360)786-5410 -- Fax (360)754-2958 -- TDD (360)754-2933 //fnrtre~~.wa.aw/thurst~nc~/nr~ninf~/nr~nsal/value.ash?fe=PS&nn=64303600302 7/9/2004 O PENTAGON VALUATION, Inc. "WE VALUE PUGET SOUND" 2621-C 70`h Avenue West University Place, WA 98466 Voice: 253-305-0971 Fax: 253-305-0974 UPDATE OF THE ESTIMATED MARKET VALUE OF 11 PROPOSED SINGLE FAMILY RESIDENCES LOCATED WITHIN WILLOWS GLEN PHASE II MIDDLE ROAD SOUTHEAST YELM, WASHINGTON 98597 FOR MR. ERIK HEIMANN MANAGER TIMBERLAND BANK YELM, WASHINGTON BY LAURA B. JESTER ASSOCIATE APPRAISER AND DAVID H. POLLOCK CERTIFIED GENERAL APPRAISER FILE NUMBER: 03-286 DATE OF VALUE: NOVEMBER 18, 2003 DATE OF REPORT: DECEMBER 1, 2003 O PENTAGON VALUATION, Inc. "WE VALUE PUGET SOUND" May 6, 2004 Mr. Erik Heimann Manager Timberland Bank 100 Yelm Avenue Yelm, Washington 98597 2621-C 70"' Avenue West University Place, WA 98466 Voice: 253-305-0971 Fax: 253-305-0974 Re: Estimated Market Value of Two Proposed Single Family Residences Located within Willows Glen, Middle Road Southeast, Yelm, Washington File Number: Update of 03-286 Dear Mr. Heimann: The attached is an update of appraisal 03-286. The pages should be inserted into the original appraisal report with all of the assumptions and limiting conditions of the original applying to the update. The enclosed update includes a value conclusion for two additional proposed residential structures. It should be noted that the developer reports that the l ,772±-square-foot home style, which will be located on Lot 61, has a pending sale for $170,344. Two pending sales for the 1,690±-square-foot home style on Lots 62 and 64 are for $166,500 and $167,450, respectively. It is assumed that the larger size of Lot 64 influenced the slightly higher sale price. Per prior agreement with the client, the appraisers did not use the Income Approach to value as this approach is generally not considered meaningful in appraising a property of this type. The appraisal process did not involve departure from Standards Rule I-4 as a result of the omission. The appraisers believe the primary approaches to value are the Cost and Sales Comparison Approaches. Mr. Erik Heimann May 6, 2004 Page 2 It is our opinion, based on the information contained in this report and. other information retained in our files, that the estimated market values of the subject property are concluded as follows: Said value estimates are based on the subjects being completed in conformance with plans and specifications reported to us. Very truly yours, PENTAGON VALUATION, Inc. _ -~ ~' Laura B. Jester Associate Appraiser 1 David . Pol oc Certified General Appraiser LBJ/DHP:dmk O PENTAGON VALUATION, Inc. "WE VALUE PUGET SOUND" May 3, 2004 Mr. Erik Heimann Manager Timberland Bank 100 Yelm Avenue Yelm, Washington 98597 2621-C 70'h Avenue West University Place, WA 98466 Voice: 253-305-0971 Fax: 253-305-0974 Re: Estimated Market Value of Two Proposed Single Family Residences Located within Willows Glen, Middle Road Southeast, Yelm, Washington File Number: Update of 03-286 Dear Mr. Heimann: In accordance with your request, we have inspected the above-mentioned property, which is legally described in this report, for the purpose of estimating the market value thereof. Within the attached report you will find the data, the calculations, and the conclusions upon which the final estimate of value for the two additional home styles was based. We certify that to the best of our knowledge the information in this report is correct, that nothing relevant has knowingly been withheld, and that we have no present or contemplated future interest in the subject property. It is our opinion that the following report conforms to the format recommendations as set forth by the Appraisal Institute and the Appraisal Standards Board of the Appraisal Foundation's policies and procedures for appraisal standards relative to a limited summary appraisal report. The Appraisal Standards Board (ASB) adopted significant revisions to the Departure Provision and Standard 1 (development of an appraisal) and Standard 2 (reporting requirements) of the Uniform Standards of Professional Appraisal Practice (USPAP), effective July 1, .1994. It is noted this is a limited summary appraisal report, which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice for a summary appraisal report. As such, it presents only summary discussions of the data, reasoning, and analyses that were used in the appraisal process to develop the appraisers' opinion of value. Supporting documentation concerning ~; Mr. Erik Heimann December 1, 2003 Page 2 the data, reasoning, and analyses are retained in the appraisers' file. The depth of discussions contained in this report is specific to the needs of the client and for the intended use stated below. The appraisers are not responsible for unauthorized use of this report. Furthermore, in accordance with prior agreement between the client and the appraisers, this report is the result of a limited appraisal process in that certain allowable departures from specific guidelines of the Uniform Standards of Professional Appraisal Practice were invoked. The intended user of this report is warned that the reliability of the value conclusion provided may be impacted to the degree there is departure from specific guidelines of USPAP. Attached you will find the Cost and Sales Comparison Approaches concerning the two styles of single-family residences to be built in the Willows Glen subdivision. The attachments should be included in the above-referenced report behind the appropriate sections of the original report. It is our opinion, based on the information contained in this report and other information retained in our files, that the estimated market value of the subject's proposed single-family residential developments are as follows: Said value estimates are based on the subjects being completed in conformance with plans and specifications reported to us and are subject to the attached Assumptions and Limiting Conditions. Based on the expressed opinion of value, the marketing period for the subject property is forecast to be 12 months. Very truly yours, PENTAGON VALUATION, Inc. ~~~'~~ Laura B. Jes Associate praiser .1 David H. Pollock Certified General Appraiser LBJ/DHP:dmk Attachments Description of Improvements The subject site is proposed to be improved with two additional residential home floor plans comprising 1,690E to 1,772± square feet in size. The materials used will be typical of today's new . construction with concrete foundation, crawl space, wood structural frame, concrete lap (front) and T-111 siding, built-up composition roof, textured drywall interior finish, and average-quality floor coverings of carpet and vinyl. These homes are of average function and are considered to be of a contemporary style and design. The two floor plans include at least: three bedrooms, two bathrooms, utility room, dining area, living room, and garage. Each style, in it's own configuration, contains a more than adequate representation of the typical amenities necessary for contemporary suburban homes. The subject has two pending sales for the 1,690±-square-foot home style. They are slated to be built on Lots 62 and 64 of the Willows Glen development. The 1,772±-square-foot home style also has apending sale and is slated to be built on Lot 61 of the same development. Proposed structural improvements are generally described as contemporary designed single-family residences. On the following pages are more detailed descriptions of the properties in list format and a copy of each home's architectural plan. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 3-24 Detailed Descriptions of Subject Plans #1690 and #1772 .•~ Main Floor Area 942 SF 944 SF Upper Floor Area 726 SF 828 SF Garage 398 SF 410 SF Covered Porch Area 72 SF Wood 72 SF Concrete Bath 0.5 •2 0.5 ~2 Bedrooms 3 3 Den/Computer X Dining Room X X Foyer/Entry Kitchen X X Living Room X X Nook X Pantry X X Sitting Area Storage Utilit X X Bath Vinyl ICL Vinyl ICL Bedrooms Carpet ICL Carpet ICL Den/Computer Carpet ICL Dining Room Carpet ICUChand Carpet ICUChand Foyer Kitchen Vinyl ICUCan Vinyl ICUCan Living Room Carpet ICL Carpet ICL Nook Vinyl Pantry Vinyl ICL Vinyl ICL Sitting Area Storage Utility Vinyl ICL Vinyl ICL Stairwell Carpet ICUChand Carpet ICUChand Gara a Concrete Slab ICL Concrete Slab ICL w - w Water Heater 44 Gallon Gas Average 44 Gallon Gas Average Heating Gas Forced Air Average Gas Forced Air Average Bathroom Fixtures Lavatory Porcelain Average Porcelain Average Commode Oak Strand Average Oak Strand Average Shower/Bath Fiberglass Average Fiberglass Average Tub Surround Fiberglass Average Fiberglass Average Kitchen Fixtures Sink Castlron/Porcelain Average Castlron/Porcelain Average Range GE Average GE P.verage Steel mechanical Steel mechanical Hood Fan Average Fan Average Dishwasher GE Average GE Average Cabinet Oak Strand Average Oak Strand Average Doors Interior Oak Strand Average Oak Strand Average Exterior Solid Composit Average Solid Composit Average By-pass Hollow By-pass Hollow Closet Core Average Core Average Walls TapelTextur/Paint Average Tape/TexturlPaint Average Trim .Interior Oak Strand Average Oak Strand Average Half Wall Ca Trim Painted Wood Avera a Painted Wood Avera e Foundation Construction Concrete Perimeter Average Concrete Perimeter Average Roof " 2X6 studs at 16" Good 2X6 studs at 1 ti" Good Energy Code Pre-Eng Trusses Average Pre-Eng Trusses Average Built-up Built-up Ceiling Composition Average Composition Average GableVent Gable Vent @ Vaulted Ceiling (a~1/300SF Average 1!300 SF Average Floor Wall R-30 Average R-30 Average Siding R-30 Average R-30 Average 2-Ft Front Base Trim R-19 Average R-19 Average Front Facing R-19 Average R-19 Average Gable Non Front Facin None None ~ PENTAGON VALUATION Inc. File #03-268 Dated December 1, I P.L Il :I". .. ~~ .~ Y. ~e ~''L (N} k ~ / ~ t; 9 ; . I c !~_ i ~" ~ an ,~ ' '-~1 ~,'~ --- : n:. w, ~ -,~ '~ -- ~ ..-t seasa n,~ r_x~u Mdail~! FLc~OR PLAI~t. ~~~~`~\ __, - ~ i~ ~ ~ :_ I~ _.~ ~__- ___~ Fr;zo+vr ~L~vA71oN _._.._-_.. _ _..-t A.. ,.__._ __.___.___.~ ... f~ Lod ~~ {~ j i,. -~ j y' I eam S - ~' .; 1, ~ gem l , i ata~; i - I I -- . t .... .. _ . . _. _ ~`~. xnme 2p.S~A' • ,roa n UPPER FLOOR PLAt~t RCSIUENTIAL llE51C;N ftY __ _- --- '1'ECHNiCAL 5~:1~,1;1C;E 614 4Tt1 AVGNUl; 1;. OLYMPIA, WA --- 98501 YI{tiKE' (;1u0) 9Sb-0085 #1690 FAX: (3&J) 95b-0221 s'f~W'0' b®.5Y1 BOXf~14 1,1Yfl el1SW7i 117'tid'l' if )'1`0'1 p~hii I e~ ~ Ifi'7YN'd' ~ It•i ~~• - ~I li ~. LL41G I n'r~~sr i '~ i~ eein ~ " a cw c~xaa PIDt1+ ro7Yara• -- . eammu I r. MAIM! FLOOR PLAN UPPER FLOOR PLAN uvtn ems - ero m rs. wn: now - w. so. n. TECHNICAL SEl?V7CES, Inc. ._._ _ _ ~: evt e.ek {ta Av.. arnaN. •.~unitnn csROl ._-_ xo~-cx-bass s..e.~ ... aeo-ese-ezzl ~:.:~~. - 4,^~ t -. - •.-Melt. FLT9sne14lQ.wn. _ ~~'~Q ~ 1 I ...~.~.nnam.~.~n, I `~~ #1772 FRONT ELEVATION TALON VALUATION. Inc. l , #03-268 Page 3-26 7. COST APPROACH In our cost study, we have utilized the Marshall and Swift Residential Cost Handbook along with cost data on other projects analyzed. The national cost publication service provides an excellent index of construction costs because it is updated to reflect changes in labor rates and costs of materials. The cost study will consider both direct and indirect costs, individual architect's and contractor's ~, expenses, overhead, and profit. Therefore, the cost factors include all direct and indirect costs, as ~~ well as overhead and profit.. The cost model developed within this report incorporates the costs from the Marshall and Swift Residential Cost Handbook, and the cost model presented herein utilizes calculator costs as unit value costs. Per Marshall, the calculator costs are representative of the final costs to the owner and will include the following: (1} Average architect and engineer fees. These, in turn, include plans, plan check, building permits, and survey to establish building lines and grades. (2) Normal interest on only the actual building funds during period of construction and processing fee or service charge is included. Typically, this will average half of the going rate over the time period plus the service fee. ' (3) Sales taxes on materials are included, but tax on labor is excluded and is adjusted for in the local area multiplier. (4) Normal site preparation including finish, grading, and excavation for foundation and backfill. (5) Utilities from structure to lot line figured for typical setback. (6) Contractor's overhead and profit including job supervision, workmen's compensation, fire and liability insurance, unemployment insurance, equipment, temporary facilities, security, etc. are included. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 7-27 Items not included in the Marshall and Swift Residential Cost Handbook calculator costs are: (1) Costs of buying or assembling land such as escrow fees, legal fees, property taxes, right-of--way costs, demolition, storm drains, or rough grading are considered costs of doing business or land improvement costs. (2) Pilings, hillside foundations, soil compaction and vibration, terracing, etc. (3) Costs of land planning or preliminary concept and layout for large developments inclusive of developer's overhead and profit are not included, nor is interest or taxes on the land, feasibility studies, certificate of need, E.I.R., appraisal or consulting fees, etc. (4) Discounts or bonuses paid for financing are considered a cost of doing business, as are funds for operating start up, project bond issues, developmental overhead or fixture and equipment purchases, etc. (5) Yard improvements including signs, landscaping, paving, walls, yard lighting, pools or other recreation facilities, etc., which can be priced separately. (6) Off-site costs including roads, utilities, park fees, jurisdictional hook-up, tap- in, impact or entitlement fees and assessments, etc. (7) Furnishings and fixtures, usually not found in the general contract, that are peculiar to a definite tenant, such as seating or kitchen equipment, etc. (8) Marketing costs to create first occupancy including model or advertising expenses, leasing or broker's commissions or temporary operation of property owners associations. Develoner's Cost The developer has provided an estimate of the cost to develop the two homes. On the following page is the developer's cost estimate. ~, PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 7-28 ~, Lot Cost $25,758 $25,758 Interest Expense 3,000 3,000 Loan Closing Costs 2,107 1,957 Plans and Spec 500 500 ~ Permits 10,000 10,400 Temp Power Hook-up 250 250 Excavating, Fill, Grading, Hauling 0 1,701 Surveying and Engineering 50 50 ' I Foundation Labor 1,620 1,701 ,_ Foundation Concrete 1,502 1,595 Steps, Walks, Driveways 3,456 2,481 Garage/Basement Floors 1,002 1,152 r Framing Lumber 13,994 14,708 ~ Siding 1,182 1,258 Framing Labor 5,756 5,493 .- ~ Plumbing 5,250 5,511 ` ! ~ Electrical Wiring 3,764 3,987 i Sewer/Septic 4,562 4,562 r ~ Gutters Downspouts 600 600 Insulation 2,161 2,871 Roof Trusses 2,583 2,747 F ; Roofing 2,161 2,304 z ~ Drywall 6,347 6,663 Misc. Expenses 4,000 4,000 Lighting Fixtures 540 505 j Heating 3,989 4,182 Windows and Screens 1,659 1,772 c ~ Doors and Trim 2,802 2,942 ~_f Finish Labor 2,684 2,811 Garage Doors and Openers 711 711 Cabinets 2,802 2,942 .~ Painting 2,043 2,215 CarpetNinyl Blinds Counter Top 4,946 5,192 ' Mirrors/Shower Doors 616 616 ~. Appliances 850 850 Insurance/Cleaning 400 355 ' ' Landscaping 2,363 2,658 ` Total Cost $128,010 $133,000 PENTAGON VALUATION, Inc. File #03-286 Dated December I, 2003 Page 7-29 Appraisers' Cost Estimate The appraisers have included as a cost estimate per square foot of improved area based on the standards set forth by the Marshall & Swift Residential Cost Handbook as well as additional refinements including those required for: plumbing, fixtures, floor covering, permits, mitigation, appliances, and landscaping. Base Cost According to Marshall & Swift's Residential Cost Handbook, the base cost for an average-quality single-family residence constructed on site are following: 1690 $50.92 1772 $50.32 Refinements Plumbing: Marshall & Swift's Residential Cost Handbook includes cost for eight plumbing fixtures within the base cost of construction for residential single-family homes. Our subject homes differ ~ from the standard and therefore a refinement of $340 per rough-in and $845 per fixture above the ~ standard of eight shall be applied to the base cost. 1690 11, 1 rough-in $2,875 1772 10, 1 rough-in $2,030 Floor Covering: Marshall & Swift's Residential Cost Handbook does not include floor covering in the value for base cost of construction. The building plans indicate both vinyl and carpet floor covering to be included in the homes. A standard refinement of $2.59 per square foot for un- itemized average-quality floor covering will be applied to the base cost. Appliances: Marshall & Swift's Residential Co.rt Handbook does not include appliances in the value for base cost of construction. The building plan indicates range oven, hood with fan, and dishwasher will be included in each home. Therefore, refinements of $775, $220, and $590 respectively are required, with a total of $1,585 in refinements applied to the base cost for the addition of appliances. ~ PENTAGON VALUATION. Inc. ~ File #03-286 Dated December 1, 2003 Page 7-30 Garage: Marshall & Swift's Residential Cost Handbook does not include garage space in the base cost of construction of residential single-family homes. The subject homes include two different types of garage space according to Marshall and Swift; the one-story building plans include attached garage space and the two-story building plans have built-in garage space. Refinements shall be made to the Cost Approach to reflect the associated cost for each of these garage types depending on the size and type of garage the building plan calls for. 1690 396 $16.81 $6,656.76 1772 410 $16.71 $6,851.10 Landscaping: We relied on the developer's reported cost of $2,200 (2,363 and 2,658 new) for landscaping. Permits: Marshall & Swift's Residential Cost Handbook base cost includes an allowance for permits; however, on the following page is a list of the permit and mitigation fees that are associated with building in Yelm. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 7-31 Water $1,500 per Unit $300 fora 5/8 Meter Sewer $5,125 per Unit + $142 Inspection Fee Traffic $758 per Unit Schools $1,645 per Unit These additional costs associated with building in Yelm are believed to be higher than the Marshall & Swift Residential Cost Handbook's allocation for building costs in the typical city in the area. Therefore, a refinement of $3,000 will be added to the Cost Approach to account for the difference. Patio: Marshall & Swift Residential Cost Handbook indicates a cost per square foot of $4.54 for uncovered patio. Each unit will be improved with a 48±-square-foot uncovered patio. The estimated cost for this improvement is $218. Other: Marshal & Swift updates the Residential Cost Handbook with local/time refinements. These will also be applied to the cost analysis. Based on the foregoing, the estimated value for the subject by the Cost Approach is as follows. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 7-3 Cost Approach Summaryr Base Cost $50.92 $50.32 Appliance $0.94 $0.89 Floor Covering $2.59 $2.59 Local/Time Multiplier 1.17 1.17 Price/SF $63.71 $62.95 Square Feet 1,690 1,772 `? Sub Total $107,663.99 $111,540.31 Depreciation Garage $6,656.76 $6,851.10 !' ~ Plumbing $2,875.00 $2,030.00 e Landscaping $2,363.00 $2,658.00 Permits and Mitigations $3,000.00 $3,000.00 `~ Patio $218.00 $218.00 Improvement Cost $122,776.75 $126,297.41 Entrepreneur 10% Profit $12,277.67 $12,629.74 `~; Land Cost $37,500.00 $37,500.00 Cost $172,554.42 $176,427.15 Reconciliation of Cost Approach When reconciling the difference between the developer's discussion of cost and the appr'aisers' cost approach, it is important to note that the appraisers' cost approach includes information and estimates that are not included in the developer's costs. For example, the developer does not include the retail value of the land as developed into building sites, as that work was accomplished by the developer, nor does the developer's cost include an allowance for profit to the developer. On the following page is a table that includes the developer's cost adjusted to relate more directly with retail values than with expenditures. ~ Please note that the Cost Approach has not taken into account the cost of extras that may be added upon the request of the single-family home end-user. These possible additions include but are not limited to: air conditioning, built-in microwave, fireplace, upgraded quality floor covering, etc. .PENTAGON VALUATION. Inc. ~ File #U3-286 1,ZUU3 Adjusted Developer's Cost Developer's Cost Land Retail/Cost Difference 10% Profit Adjusted Developer's Cost Appraiser's Cost Approach $128,010.00 $133,000.00 $11,742.00 $11,742.00 $12,277.67 $12,629.74 $152,029.67 $157,371.74 $172,554.42 $176,427.15 In considering the applications and informative nature of the developer's cost and the appraisers' cost approach, it is the opinion of the appraisers that once the developer's cost has been adjusted somewhat to reflect the market; the developers costs are considered more reliable. The appraisers' cost approach, having used the Marshall and Swift Residential Cost Handbook is considered a less informed representation of market cost as the figures are based on the costs in the nearest major city and do not have the benefit of the specific knowledge and experience of the developer. The developer's estimated cost for the development of the two building plans appears reasonable and will be used in this report. The cost approach to value does not inform value; however, it can be used as an indicator to value and can also be used to determine the profitableness of a given endeavor. In this sense, the appraisers' cost approach may err on the site of safety by indicating a cost that is higher than that of actual development costs for an individual developer with contacts in the field and cost saving practices in place. Therefore, the estimated cost for the 1,690±-square-foot home style is $152,000, rounded, and for the 1,772±-square-foot home style is $157,000, rounded. F PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 7-34 8. SALES COMPARISON APPROACH To apply the Sales Comparison Approach, the appraisers consider data from sales, contracts, offers, refusals, and listings of competitive properties, as available. This approach employs the use of a direct comparison of similar properties which have recently sold through the analysis of comparison common to all of the sales, i.e., price paid per unit, price per room, price per square foot, etc. The unit or units of comparison relied on in the final estimate of value in this approach is determined by the degree of correlation obtained between the sales and their similarity to the subject property. The value estimate in the Sales Comparison Approach will be based on a value developed from the sales with the price per square foot being the unit of comparison utilized, as it is felt that it shows the greatest degree of correlation between the subject and the comparable sale properties. The following comparable sales are considered to be the best market indicators available, with a summary table following. t 1 8th r~.r"t 3 K~o~rr in Hv4~y+ i_r7I~R ~ ; h~lill Rd SE ~ . ~ - ` 15215 105th Ave. SE ~~` .tifelrn, 'J:~A 98597 ~ , ' ~' "~ -- '~, I -- ~ ~ ( ~~~ ' ' ! 14 ~ t~ ~ i i /'ltt "` 'y '~ ~ ubiect ~Oh'IF 2 ` ~ ~~•tiddle Rd SE - 15211 105th Ave. ~E : ' ; '~~elrn, ':~:~A 98597 ; ,# . { ~ ~ I t ~ ~r 5-_ r ~:~= ~ Q ''° ' ' c~ntF' a~ ~ - , °- ~ anlsr ~ 7 -_ F~` $ 113005 Rampart Dr 5E ' f l 4uA'30597 _ { ,. . _ ~ p m, - e •.. it , ' _ ', ;rr - I r: ._ ~~`' 18230 Ingle~,.~oed Ck 5E " : _I - E ,. -, ~ ~. y ~. CO ~rright'G~~2U03 hlicreseft Ccr .and?or its su Ilrrs. Y,II ri~l~~ts reset+red'': ~ PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 8-25 i Residential Improved Sale I-1 °p .~0_ n ~ 3P) X W N ( \ 10 Y.70'~) O -oo- o, (13Z5~~~ ~ o m -oo- ,~ (19 m (138 92') ^ O v' (13841') z ~Q., (138 41') ^ z ~~ 01000 a ~ ~ Q ,.~ (136 39') o ~ w (13839') r- r- N n~ v; 0 0 -0Q., v °.~ f 136 ~$Od 'O °' °' {13605') "v W ~ 58 (136 11') .:- ~~~ f~~) ~~= ~. ~,. N j -- ~~ (13656') ^ pia Q rn 600(13695') ti `~ '1 (136 95') 81 [V [V 0 0 m y -0a° (13736')015 ., (13736') IV1i11 Pond Estates 10705 Van Norhop Street SE Yelm, Washington 98597 Roadrunner 2004 Atlas Page 31, Section A-3 Thurston County Tax Parcel Number 8158001700 This sale is atwo-story, wood frame, contemporary designed home built in 2002. The house has a concrete foundation, painted wood product siding, and a composition roof. -There is an attached two- car garage. The home has four bedrooms, two full-baths, one half-bath, one fireplace, living room, dining room, and family room. The structure comprises 1,725± square feet of gross living area. The property has public water and sewer systems and is located on an 8,276-square-foot lot. The property was on the market for two months. The original list price was $167,350 and the property sold on March 30, 2004, for $174,000 with a $5,000 buyer bonus or $97.97 per square foot, recorded under Thurston County Document Number 3628922, Excise Tax Number 306396. Confirmed -Beth Edwards, selling agent, 253-380-6685. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, Page Residential Improved Sale I-2 "D500Q~ ~5100J a61610f}~ ,fir _ oQG.'10 R-` ~ y c~'~~~ ~ J _ _ _ _ y y N N__-~ (5500') 5066'){5560) 3~-d3~ {5705') (,x,884') (6005') (5d 85' 1 aSTH AVrE SE (36 B~ (57 47.), (.~`8 2E') (60 64' ] s s• in o~ o~ iv iv •-.. •~^ .~ .. l ~s3on° ~szooo oizoow° ~1soo w -0p$ (~ ( t)1 A ~' f ~, ~- r .., I.j v ~1~Q j O58 26,' J 00') (50 08') (59 53' 1 (6979'] 5 ~G508 J 3 ¢ a2') 5~ OB') ~ 5g 63') (69 79' ti ~ (103 ~5~8 ti ~oo- ~ `~ '° N -oa Nisqually Meadows 15221 105`h Avenue SE Yelm, Washington 98597 Roadrunner 2004 Atlas Page 48, Section A-4 Thurston County Tax Parcel Number 65080006200 This sale is atwo-story, wood frame, contemporary designed home built in 2002. The house has a concrete foundation, painted wood product siding, and a composition roof. There is an attached two- car garage. The home has three bedrooms, two full-baths, one half-bath, one fireplace, living room, dining room, and family room. The structure comprises 1,778± square feet of gross living area. The property has public water and sewer systems and is located on a 5,663-square-foot lot. The property was on the market for four months. The original list price was $184,990 and the property sold on February 20, 2004, for $175,000. Jason Scott indicated a $2,000 buyer bonus for this sale. Once the bonus is accounted for the home sold for $97.30 per square foot. The sale was recorded under Thurston County Document Number 3619131, Excise Tax Number 321177. Confirmed - Jason Scott, listing agent, 253-226-7653. PENTAGON VALUATION, Inc. hate #U3-286 Dated December 1, 2003 Page 8-27 Residential Improved Sale I-3 ~OOQn ,p510~ rys1UG "~ ° ~ °~' ~ 1 ~ J 0 0 0 0 0620, Oo oc~0600~ oY~""~ 6608' y y N N ~ {5500') 5068')r:,~~3~ 5243')(5705') (5864'} (6005' v v (54 85' 105TH AV,E S E (~6 83a (57 4~ (~58 28') { 60 64') s m ti~ rn rn ~ "-' .. .. J c~J530~ 620000 0 ° c'' o' 0 6508 o1200W ^~isoo~ w -00- ~ N r 058 2`~ j 00') (50 08') (59 53' } (69 79') ' '5'()58 28' 3 Fj 42' } 50 08' i~ ¢. ip ., (103 -00- P J' ib ^' -00- Nisqually Meadows 15215 105"'Avenue SE Yelm, Washington 98597 Roadrunner 2004 Atlas Page 48, Section A-4 Thurston County Tax Parcel Number 65080006100 This sale is atwo-story, wood frame, contemporary designed home built in 2002. The house has a concrete foundation, painted wood product siding, and a composition roof. There is an attached two- car garage. The home has three bedrooms, two full-baths, one half-bath, one fireplace, living room, dining room, and family room. The structure comprises 1,776± square feet of gross living area. The property has public water and sewer systems and is located on a 6,098f-square-foot lot. The property was on the market for two months. The original list price was $169,900 and the property sold on August 21; 2003, for $172,400 with a $2,500 buyer bonus or $95.66 per square foot, recorded under Thurston County Document Number 3565838, Excise Tax Number 315210. Confirmed -Terry Kaminsky, listing agent, 360-458-3855. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 8-28 Residential Improved Sale I-4 t ~1 r69_`\ ~s'``;. h' k•~ 170041~~~~ ~ A ~ 18~'''•. `~~ ?Q J ,,,ttt w_ `^ 08800 l_'' ~~ C" ~. r.` 4122 J~', ~. ~. -0 -00- 7 ~~ 1040q~P~~„r~1 ~ 154 L Jh~ ipyo'0`1, A ~. ~ ~ ~ 4,~ ~9 k~ _ ~~1 `2GJ c_ ~'J~. ~ ~~~09000 ~~! ~~+ o ~ /•. f OJ ` 09100 b~, r ,,~.. 10300 ti~r~ ~~~ ti~ryns J `~ 10200 ti T~ `~ti ~BJ L~ J ~~~~,. r~,.~, (1 a'~ B J Clearwood 18805 Ramport Drive SE Yelm, Washington 98597 Roadrunner 2004 Atlas Page 49, Section E-4 Thurston County Tax Parcel Number 41220008900 This sale is atwo-story, wood frame, contemporary designed home built in 2004. The house has a concrete foundation, painted wood product siding, and a composition roof. There is an attached two- car garage. The home has three bedrooms, two full-baths, one half-bath, living room, dining room, and family room. The structure comprises 1,600± square feet of gross living area. The property has a septic and Clearwood water system and is located on a 7,841±-square-foot lot. The property was on the market for four months. The original list price was $162,500 and the property sold on March 31, 2004, for $165,000 with a $2,500 buyer bonus or $101.56 per square foot, recorded under Thurston County Document Number 3629382 split, Excise Tax Number 313981. Confirmed - Chuck Galambos, listing agent, 360-894-2269. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 8- Residential Improved Sale I-5 f'-~Z. ~ ,zoo ~ ,~,~~ ,- o ,..~ ti'4122 °m w 00900 oa e f,. ~ .pp_ w '~ ~~ 0 4122 (~~ O10D0 ~ ~ ~~' -00- ~ (~psggBB~~ ,~a ~ Cr ~ ~ ~gOQa 4122% ~ ~ (~~j. ~ 'o J ~4 01100 (~aJ~ n \ .. >~ N ~?, (~124U !ry~`4~ ~~ v ~ 412Z'i ~ D1300~ ~ ,pp,. ~ ` ~ 4121 ,~ w ~4~') v15900 ° -00- ~ ~~ ~~ `~ 00300$ ~~ 4 .~ Clearwood 18233 Inglewood Ct. SE Yelm, Washington 98597 T.B. Page 49, Section E-4 Thurston County Tax Parcel Number 4122001200 This sale is a two-story, wood frame, contemporary designed home built in 2003. The house has a concrete foundation, painted wood product siding, and a composition roof. There is an attached two- car garage. The home has three bedrooms, two full-baths, one half-bath, living room, dining room, and family room. The structure comprises 1,594± square feet of gross living area. The property has a septic system and Clearwood water system and is located on an 8,276±-square-foot lot. The property was on the market for four months. The original list price was $139,950 and the property sold on November 12, 2003, for $148,000, or $92.85 per square foot, recorded under Thurston County Document Number 3595570, Excise Tax Number 318304. Confirmed -Chuck Galambos, listing agent, 360-894-2269. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 8-30 Summary of Two-Story Improved Sales Sale No. Sale Date Sale Price Lot Size SF GBA fSF) $+JSF GBA I-1 03/30/04 $169,000* 8,276± 1,725± $97.97 I-2 02/20/04 $173,000* 5,663± 1,778± $97.30* I-3 08/21 /03 $169,900 * 6,098± 1,776± $95.66 I-4 03/31/04 $162,500* 7,841± 1,600± $101.56* I-5 11/12/03 $148,000 8,276± 1,594± $92.85 * Sale price adjusted for buyer bonus. r Five sales of similar size, age, and location were analyzed for each of the two two-story residential single-family building plans available for the subject. These sales all occurred within the past nine ~_~ months. The properties range in size from 1,594± to 1,778± square feet and in age from one to two I years. Sale prices range from approximately $148,000 to $173,000 and from approximately $92.85 ~, to $103.13 per square foot. The following are analyses of the adjustments made for differences in property characteristics. ~ PENTAGON VALUATION, Inc. ~ File #03-286 Dated December 1, 2003 Page 8-31 r_~ 1~ ~1 •^' b ° ° A rn o N o 0 n ~ ~ rn o_ ~ o ~ + Q °o P1 °o Y) v ~ o o m N o °o N O m N in m U 3 ~ es N J ~ ~ J r .n a ~-~' y ~ m O m ~ ~ p $ m N ~ ~+ E t c °~ o~ ~ ~ m m N ~~ ~- a ~ o ~ ° E ~ ~ J U \ `m co `m E v m `m ~ c ti v m d V U M + I N O W U~ '~ ~ O ~ w (n N p N _ E O E V N t7 N ~ E _ N N M 11 e e Y i U Z ~ C _ N .~ fn N y m !n W N ~ Z m ~ o <n LL t ~ V U `~ ~ cn N o m N F O O ~ O N M .-. Q O N i p p 1~ tO') O O O r O p O p ~ ~ t0 w ~ + N N N V ~ N ~ Hi eA ~ M O N m > ~ 3 m ~ O L N ~ R ai N c0 d N a ~ E NO O E N Z O ~ ° ' ~ o d ~ m fV ~ ~ t a °' F m F co - c LL b m ~~ u? o m y c7 d ~ m ° ° o E ~ m N ~ ~ E o ~ E E ~ m° ~ E ~ `m E ~ a ~ ~ o N m ~ ~, c ~ N ~ _ _ v m ~ ~ o Jto ai W J ~'' ~, LL r -° ~ ~ to m cn w v7 ~ U ~ o -c U m ~ ~p N N N W p ao E r cn 0 °v 0 ~ ev o o N m o o co 0 m o o N u~ a m N 01 ~. ~ 117 O N fh VI 4"J IA ~ ~ b9 O !R + N O N ~ N ~ ~j ~O y 3 m ~o ai y a D~ m ~ ~~ Z O > m j m LL ~ N m N LL H ~ N t m ~ o, °D o m o m ~ ~ U~ N~ '~+ i Y v ? ~ d ~„ ~- O N rn O E E o° N E E ~ E 9 E a v Z ~- ~ Z' O U m U N t0 (7 fn (n -`p ~ ~ (n U tN N R N O ~ w m C LL ~ m O U N F ~ O N LL N m o ~ E r ~ °o o o° a ei ~ .~. o o ,p N o o _ o 0 o o v c ~ ~ N ~ M A V a O N N ~ N n O O t0 N ~ t0 ~ ui is + ~ N '- (p y 3 a a1pi C v L ~ v t0 ~ ~ ~ m M Z d ' N (y a ?` o o~~ ~ ~ 8 ~ O a ~ o o ~ ~ N E LL N m` ~ ~ m` N R m LL ~ `m ~ m` m m U m N r c fO ~ m ° ~- m ~ _ E ~ _ E ° ~E ~ ~ ~ _ Q Z~ _ (y c V N N U N ~ ,~ N O C7 m ~ _ N O N o N N ' M n E (n ~ E N <0 a ~ N c0 f7 ~ ~n N w m c d LL ~n ~ O m $ U ~ N O O N LL N 19 o ~ E ~ 0 0 0 0 o 0 rH 0o r- a °o 00 .°n °o m ~ _ ~ n of so ~$ + o N o ~ n o 0 0 .n ~n ~ ,p m m J _ O _d ,~ r 3 ~ °~ o t L ~ m N tp Z p W c N c v~ p "' d LL ~ o Z2 W m N LL ~ m aai m . m O~> m ~ 3 0 a O O R ~ C 75 O R N t6 E N ~`p ~ ~ U LL U o c~ ~ w ro ~ m m E E ~ m ~ .~ o E •p ~ r ~ E _ a E ¢ v a c N ~ ~ ~ `~ N _ `~ m `~' ~ `~ m f m v, w ' m LL r m c> m N D y N p ~ W LL N ~ E N t ~ m L O C N N m N l0 = G1 N 2 F C N LL C N Z LL m O N V d ~ a m u ~ 3 ~ ~ - = ~ v, ~ v ~ J ~ d Q ~ o ~ ~ H M o m m < v ~ o Q m ~ w LL ~ ~ O y U ~ p ~ N d m Cj LL (~ N ~ Q > O (V . ~ W H ~ a Z w ~ Q LL ~ N E o ~ U g ~, m E ` g m d s ~ G a 2 c CC p o m ~ d J O ~ C t N a a m d N E ~ U ~ ~ G ° O LL O N 'O C U f0 J C = " ~ l9 O N O m D y ~ a v ~ o C7 _ ~ a w ~~ rn o c o o r m c o o _. ~ o U -> ~ ~ o U w U d a a~ ° m y v m ~ `m E i o ~ v v p ~ m ~ v c°1i ~ c d ~ a w ~ m~ d m io ~' y ~ ~ ~ d ... - ~ te a o o Ep S y E - ° ~ ~ a16i c `° m v ~' a d ... ~_ E =_' o a a rn a a` > > ~ U o ~ ~ rn > o Q a U n a ~ c7 LL x w c~ o a LL z o a v N M R3 N U ..-~ ~~ z 1~ 1~ O ~ N Q' M ~ O W .^~ aw N P" ~~ ~~ C ~~~II I~1 ~~y V 0 0 «a c ~ o ~ - ~ ' ~ ~ + < o ° t7 °o ° h m N ° ° ~ - ° r° t! i J ° °o N M ~ ~ m N m m o a ~ ~ fQ ~ ~ 32 l a 2S a, y ~ O p~ ~ co Z U m LL ~n 3 ~ '$ m m N LL v ~ ~ i E~ c m o m ~ u m ~ m N R _ I- g ° `" i ° ' ~ E m n ~ o ~ m <n _m` E O rn `m U ~ _m` U m d U U N N ~ ~~ U Z N C N m ~ N N ~ m y M N ~ ~~ ¢ Z O~ ~ , - O W U c°o W li L N U U ~ ~ ~ N $ ° N F- O u0) ~_ ° O a0 O O O O ~ m h ~ O mr + a N fp ~ N ~ ~ N ~ ~ n y ~ ~ M N C m ~ m O O t J d 'J y L ~ ~ J r ~ m U a~ E 1 O Q) E N Z ~ ~ m L.L ~ O d ~ m N LL ~ ~ ~ m d l o m N o o ` u U ~ m~ f u > m m v a m 0 o E e o U m v `m o _m `m '9 LL _ ~ U m o * U o C7 m ~ ~ y ~ m fn ~ °o N _E ~ c~ tO- ' E_ ~ _E a ~ o ~ r _ tR U O ~ co (n W ] p ~ C m LL L ~ ~ ~ ~ m ~ W ~ m U t~6 O - c U m ~ p _ N N N m O O r cn 0 o fV o ° QJ y~ .~ ~ O N N 61 O O ~ ~ ~ ° N O O b ~ t0 ~ n M ~ p W n ~ t0 ~ + N N N n ~ ~ (`~ m a N L > m a~ ~ m LLJ N N N ~ E m ~ O C~ U ~ c ~ j N LL N q o LL ~ ~ ~ ~ ~ U o . ° ~' ~ a U a N Z n ui ~ Y~ ~ U > m ( ~ m rn ~ ~ N E ul o N E in ~ r~ n n E ~ ~ E al Q ` ~o ~ Z o c i> 9 i a ~ ` m N O ~ W m c LL m p U m F- O O N LL (V l6 O O r ~ °o o° ~ ° ° u~ ° ~ ° o in v ~ vi vi n .~ v a o N ,N N m ~ ~ o h » ui + - ~ v ~ N Qj t 3 r ~ o m ~, ~n m 4 O _ ~ ~ ~ w N LL ~ m N LL R m m ~ p J O ~ ~ C9 ~ ~ LL O V U ~ fh fn ~ d m O E l0 ~ t0 N ° l0 n t6 . l0 Z~ ~ o N N K N ~ m _E E o E ~ ~ ~ _E Q v ~ U N U N p ~ ~ ~ N N ~ ~ n' ~ ~ N A N ~ u7 N W G pp C ti t ~ m 0 U - ~ O N LL N m ~ ~ O O ~ O O ~ ~ C M p O O G n ~ ~a 4 n ~ ~ O o o e .n m m O ~ _ _ + u'i N ~p O O ~ ~' ~ ~ ~ J d d N N L 3 d m 0 ~ L ~ U m m O C m 3 ~ d m 0 l6 E N C C.9 A N l0 E N f6 ~ W ~ LL ~ U a ° ~ n w m ~ ° E v ~ ° ~ v n ~ a n o N ~ ~ ~ .~ m ~ ~ ao __ L E N o N E ~ m ~ E ~ ~ _E N < v m ~ N W lL ~ U m N Q m (~ N N LL (v m O D) F N N L 1n m m Z ~ d fD N W m = Gj O L ~ m a n d C n ~ N C m O (9 Z (~ L p m . E m y ~p (n m C~ . m.. v m U ~ U 3 ~ ~ 'o p > o C7 E n m d y a m LL O U O Q N N a m O LL D N O ~ m ~ N a O F- ~ m F ~ m a w °-' e ~ E o m ' ~ U ~ ~ m C m m ~ U ~ ~ d C ~ ~ ~ ~~ E ~°' a J a ~ ~ < __ _c ~ c N r O U ~ ~ m d c ~ ~ V t ~ 0 ~n y ~ c ~ ~ C C . O 4 N m lL -O 'O O U N ~ j C = ~ p 8 ~ m ~ N ~ O N !A L u a ~ c ° w . N ` o r ~ `o ~ o U o U > J o U w ~ m a ~ m _ , ~ U_ ~ o _ ~ m E °' ~ o -o a o a` rn a ~ a '- > ~ > ?~ ~ mv °-' o ~ m ~ d in ~ > ~ o R c'1 m a c v O a ~ o c~ c ~ m = m w` m ~ ~ m a~ a z ~ av U . z~ O V Q h W . A-~ M M a V s. U N N M O . a; Discussion of Adjustments for Two-Story Building Plans Unit #1690 The comparative sales analysis above indicates a range of value for the subject of $158,147 to $169,564 after adjustments have been made for differences in property characteristics. Due to the relative similarity of the new construction comparables in style and based on an understanding of the market for new construction in Yelm and the desirability of affordable new homes in the area, we have put the most emphasis on the upper end of this range. The comparative sales approach indicates a value of $168,000 for Unit #1690 or $99.41 per square foot of gross building area. Unit #1772 After adjustments have been made for differences in property characteristics, the comparative sales analysis above indicates a range of value for the subject of $167,004 to $171,153 with an outlier of $159,735. The outlier is considered among the comparable sales to be the least similar to the subject in size, date of sale, and location. Therefore, it will not be considered as part of the range. Due to the relative similarity of the new construction comparables in style and based on an understanding of the market for new construction in Yelm and the desirability of affordable new homes in the area, we have put the most emphasis on the upper end of this range. The comparative sales, approach indicates a value of $170,500 for Unit #1772 or $96.22 per square foot of gross building area. Indicated Values by Sales Comparison Approach Below is a reiteration of the values indicated by the Sales Comparison Approach. 1690 $168,000 $99.41 1772 $170,500 $96.22 PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 8-34 9. RECONCILIATION AND VALUE CONCLUSIONS The classical approaches to value utilized in this report indicate the following range of values: j 1690 $37,500 $152,000 $168,000 1772 $37,500 $157,000 $170,500 i In conclusion, most weight is given to the Sales Comparison Approach, as it is felt that it is both `~~ responsive to, and indicative of, current market trends. As previously discussed, the developer has indicated a cost estimate that is both reasonable and less than that of the appraisers' conservative Cost Approach. The value estimates are based on the project being completed in accordance with 1 the plans and specifications provided the appraiser in a workmanlike manner. It is our opinion, based on the information contained in this report and other information retained in our files, that the estimated market values of the subject property are concluded as follows: _~ It appears, from our investigation of the comparables and the market and from our discussions with real estate brokers whom deal in the Yelm market for new construction, that it is standard to offer a buyer bonus incentive for purchasing new construction. In nearly every comparable that was used, a bonus was included in the sale price. It is conceivable that the market will bear a sale price of $3,000 to $5,000 over the here-indicated estimated market value to include a buyer bonus in the sale. This value estimate is subject to the Assumptions and Limiting Conditions contained in this report, and assumes that the construction will be completed in a normal workmanlike manner according to the plans and specifications provided. PENTAGON VALUATION, Inc. File #03-286 Dated December 1, 2003 Page 9-3 Per prior agreement with the client, the appraisers did not use the Income Approach to value. As this approach is generally not considered meaningful in appraising a property of this type. The appraisal process, did not involve departure from Standards Rule 1-4 as a result of the omission. The appraisers believe the primary approaches to value are the Cost and Sales Comparison Approaches. The comparable sales indicate an estimated marketing time (i.e., the amount of time it would -~ ~ probably take to sell the subject property if exposed in the market beginning on the date of this valuation) of 12 months. -~ Laura B. Jest r Associate Appraiser ~~ David H. Pollock Certified General Appraiser PENTAGON VALUATION, Inc. ~ riie ~v.s-L2Sb Dated i~ecember 1, Exhibit B Yelm Senior Center/Yelm Property Development LID Segregation vw~ vvv~.,vv ~ ,r,_..._. r _ ._ t, ` ~~~ , 84070004300 84070004100 84070003900 '~. 84070003700 e'~,, 84070003500 _~ __ _.~ ._ ~~_ ~~AT 3~2y o q 8 2~3 0 ~~ Ay fJ"~ Wg c ~a Q Ay ~ ~ ~~ Z r ~ O 01 % ~ W N O ~ z x~ ~ ~ m ~~~ D n y0 ,,,a ~„ m o m T'~'' yy~ 6 ~ 3 p i t~ ~n~> p r 9j, N I ~1 -11 ~v 4P ~ AN ~ ANO ~g~ €~s ~~' ; Vim" oer~i '~~ ~~ ~ N ^'y~ ~~ m r o y C ~ 7 D A ~ i ~ O c~ = y 6° ~ D O p RAYCG'b Ib2 831b by A~N~Nm ~°~o~~4ti $ m A ` o ~~~g/~Yn'S~ OVIOR ' ~N~ I 1 SS Ra E}~ ~~' l C OZW N V~J CZmZ m U N l~ ~ ir w :.u.Su ~ gg mmz SVlpD r I A_ b~f ~8888~ A~ b~ CAONO2~ UO ;m c g~N = ~~ 88 ~~ 888888 ~~ r i A ~ no~~~ ~~ ~ ~ n- uu ~~ "a'S~"~u~' ~ ~~ o ~p m ~Zmn ~J NN ~y N~6HU~ S ~nmg t $ y -_ O NND D ~ N . A -r; C_) - .?. (') v w - \ \ ~ _~ ~ ~ o QGa :~ \ t, _ 1 Z 6~ k ~. v $ _ _ ~ I °° 25.5 T - _- ~ I 25.5 e w I$ J: ~"~ NI~ ~ ;. ~~ ~ c.. N ~ ~ u Z~8 mN T In 70.56 57 50 ~ GREENLEAF LOOP. S.E. (E%ISTINC X/1Y) 00 179 . .. _ . N 00'IE'01~ E 754.00 e ~ m O w N z T 1 W N007118~E GREENLEAF LOOP S.E. 6029E THURSTONCOUNTY ~ ~"'""` \ ° °`""" ,~ .. ~ I \1 ~ >AfDVi I w~m ~P~~ ~pyiRp°g . =2 yNmN ~.. ^ ~m R C+ I . p mN 2 ~Qi m~ ~~ ~ 0 0 ® O ~ ~ a~ R=~~g ~x ~ ~ N sN ~ I ~~ ~ i 0 o g ~ ~ ~ g g ~ L ~``a~ [ I ~ ~~ ~ m~m NC oz Z ~ ~ ~~ m Z z ~ I ~~i e z ~ N (~yN O~ N~ ~ ~ Oy O~ D D m~~ i0 MN I N~ O ~ Z~jn -1 F r O (1i y m0 V~i ~ ~ J 0- v a ~ OHO ZS {f > C 1 A p N O N T I ~p ~m ~ g N D .U !^ a `i `~/C r ;_ .. C ~ }' ;: ' - -~ t'. _ l - --~~ m N n i .__ U1 ~ I ~ I I .., .-,. Ili I ~~ I i I z I i Dv ~Q OA I ~ ~, I o I '-- I ~-.I Zo° ~ r I „~ ~~ D- { 2 I OR1Z ~ ..I ~~o $ ~ ; I ZAo S'01' E ~ ' . I Q D = ~ w-Im~ ~ I o mm ~ v j O 218' E 71 ( ~ tq~ , I Uj Q `7.icS A T n~ ~8 ~~I ~~m "~~I xm~~ 1'19'E O 17 ZI a ~~ZQZ~ m . ~g Y oIR$RgDN•`°m Zu0 ~°O= e•E ~ CC N~ ~ ~~y' 'T ~ N ~G I '~ ovZiv I I ~ x C7 D g I ~v~c~ C ~ ~. cnz~H ° ~ m _~ I •-~ o=- O x ~ v~ Z I (=? ~ I 1 ~ ~~mN ' I , mn ' " r fTl I a mT1 ~ N D Z ~~ ~ I ~~ 3 ' ~ ~ r ~~ I '-.I ~ I `~. I ~ y` t V I ~I I I $ ~ I ~~, I ~~ I\ ~ y I ml I ;" N I N I (__) W ~ O ~ { .~ r Order No.: PK - 20053143 LandAmerica Transnation 3905 Martin Way East, Suite A Olympia, Washington 98506 Phone: 360-459-8800 Fax: 360-459-3193 COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: April 21, 2004 at 8:00 a.m. Commitment No.: PK - 20053143 2. Policy or Policies to be issued: Owners Policy 10-17-92 - Proposed Insured: Yelm Property Development Amount: $ 300.00 Premium: $ 300.00 Tax: $ 25.20 Total: $ 325.20 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Yelm Property Development, LLC, a Washington Limited Liability Company 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company sy Authorized Signature Preliminary Commitment Page 1 of -2 Order No. PK - 20053143 EXHIBIT "A" LOTS 24 THROUGH 34, INCLUSIVE OF WILLOW GLENN DIVISION 2, AS PER PLAT RECORDED MARCH 12, 2004 UNDER RECORDING NO. 3624098, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. Order No. PK - 20053143 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: 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. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.53% 2. GENERAL TAXES FOR THE YEAR 2004 WHICH HAVE BEEN PAID, AFFECTING THE ENTIRE PLAT. AMOUNT: $2,068.66 PREVIOUS TAX ACCOUNT NO.: 84070200000, 64303500400 AND 64303500300 NO. OF LOTS: 46 AND TRACTS A AND B TAX ACCOUNT NUMBER FOR LOTS 24 THROUGH 34 ARE NOT YET AVAILABLE 3. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 4. ANY UNPAID ASSESSMENTS OR CHARGES, AND LIABILITY FOR FURTHER ASSESSMENTS OR CHARGES BY WILLOW GLENN PHASE TWO HOMEOWNERS' ASSOCIATION. 5. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: YELM PROPERTY DEVELOPMENT, LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: TIMBERLAND SERVICE CORPORATION BENEFICIARY: TIMBERLAND BANK ORIGINAL AMOUNT: $947,900.00 DATED: MARCH 25, 2003 RECORDED: MARCH 26, 2003 RECORDING NO.: 3515087 AFFECTS: SAID PREMISES AND OTHER PROPERTY Page 3 of -3 Order No. PK - 20053143 SCHEDULE B -continued 6. 8 9. 10 11. 12. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: YELM PROPERTY DEVELOPMENT, LLC; A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: TIMBERLAND SERVICE CORPORATION BENEFICIARY: TIMBERLAND BANK ORIGINAL AMOUNT: $119,600.00 DATED: DECEMBER 5, 2003 RECORDED: DECEMBER 9, 2003 RECORDING NO.: 3602335 AFFECTS: SAID PREMISES AND OTHER PROPERTY ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, pISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 8510250041. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO'S. 3314744 AND 3314745. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: SEPTEMBER 21, 2000 RECORDING NO.: 3314747, 3314748, 3314749 REGARDING: LID/ULID/LATECOMER AGREEMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JANUARY 18, 2001 RECORDING NO.: 3331850 REGARDING: L.I.D. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 15, 2001 RECORDING NO.: 3385153, 3385154, 3385155 REGARDING: WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER RECORDING NO. 3368419, 3368420 AND 3368422 NOTICE OF FURNISHING PROFESSIONAL SERVICES AND THE TERMS AND CONDITIONS THEREOF: RECORDED: APRIL 24, 2003 RECORDING NO.: 3524611 Page 4 of -3 Order No. PK - 20053143 SCHEDULE B -continued 13. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 22, 2003 RECORDING NO.: 3605450 REGARDING: PAYMENT BY DEVELOPER TO YELM COMMUNITY SCHOOLS DISTRICT NO. 2 IN ORDER TO MITIGATE THE IMPACT ON THE SCHOOL DISTRICT OF ADDITIONAL STUDENTS WHICH WILL BE GENERATED BY THE SUBDIVISION DESCRIBED HEREIN. THURSTON COUNTY WILL NOT ISSUE A BUILDING PERMIT FOR ANY LOT WITHOUT PROOF OF PAYMENT OF THE SUMS REQUIRED UNDER SAID AGREEMENT. 14. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 12, 2004 RECORDING NO.: 3624094 REGARDING: WARRANTY AGREEMENT 15. COVENANTS, CONDITIONS AND RESTRICTIONS IMPOSED BY INSTRUMENT RECORDED ON MARCH 12, 2004, UNDER RECORDING NO. 3624096, INCLUDING, BUT NOT LIMITED TO, LIABILITY FOR ASSESSMENTS LEVIED BY THE COMMUNITY ASSOCIATION. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SET FORTH IN SAID INSTRUMENT TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 16. PROVISIONS CONTAINED IN THE ARTICLES OF INCORPORATION AND BYLAWS OF WILLOW GLENN PHASE TWO HOMEOWNERS' ASSOCIATION. 17. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: MARCH 12, 2004 RECORDING NO.: 3624097 REGARDING: AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN 18. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF WILLOW GLENN DIVISION 2. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. NOTE 1: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS YELM PROPERTY DEVELOPMENT. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 2: THE CURRENT PROPERTY ADDRESS IS NOT AVAILABLE AT THIS TIME. NOTE 3: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT ~~TRANSNATION TITLE INSURANCE COMPANY" MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). Page 5 of -3 Order No. PK - 20053143 SCHEDULE B -continued NOTE 4: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 5: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. LOTS 24 THRU 34 WILLOW GLENN #2 (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested, the forms of policy to be issued in connection with this Commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. CB Page 6 of -3 Order No.: 20053143 Issued by r•\ LandAmerica Transnation 3905 Martin Way East, Suite A Olympia, Washington 98506 Phone: 360-459-8800 Fax: 360-459-3193 Transnation Tide Insnrance Company COMMITMENT FOR TITLE INSURANCE Transnation Title Insurance Company, an Arizona corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby In the land described or referred to in Schedule A, upon payment of the premiums and charges therefor; all subject to the exceptions and conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stipulations of the policy or policies requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained In various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been Inserted in Schedule A hereof by the Company, either at the time of the Issuance of this Commitment or by subsequent endorsement and is subject to the Conditions and Stipulations. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF THE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WILL BE FURNISHED PROMPTLY UPON REQUEST. Transnation Title Insurance Company Attest: ~ ~~~ ~~,,.¢, Secretary `~t~~~ illw4~~ : ~ B fERU.Nn s Y• ~ ~ A~lIONA President COMMITMENT CONDITIONS AND STIPULATIONS 1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4/03) Order No.: 20053143 SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupanty, use or enjoyment of the land; (ii) the character, dimensions or bcation of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (lv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuRing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not discosed in writing to the Company by the insured caimant prior to the date the insured claimant became an insured under this policy; (c) resuRing in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this polity insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material or to the extent insurance is afforded herein as to assessments for street improvements under construction or completed at Date of Polity); or (e) resuRing in loss or damage which would not have been sustained if the Insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Polity, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credR protectan or truth-in-lending law. 6. Any statutory lien for services, labor or materiak (or the claim of priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the Wnd which is contracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this polity, by reason of the operation of federal bankruptcy, state Insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the subordination of the interest of the insured mortgagee as a resuR of the application of the doctrine or equitable subordination; or (c) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer resuts from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The following matters are expressry excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or bcation of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the affect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuRing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Polity. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resuRing from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resuRing in no bss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resuting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (a) the transaction creating the estate or interest insured by this polity being deemed a fraudulent conveyance or fraudulent transfer; or (b) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (i) to timely record the instrument of transfer; or (ii) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) Order No.: 20053143 SCHEDULE OF EXCLUSIONS FROM COVERAGE (continued) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR AONE-TO-FOUR FAMILY RESIDENCE (10-17-98) In addition to the Exceptions in Schedule B, You are not insured against loss, costs, attorneys' fees, and expenses resulting from: 1. Governmental police power, and the existence or violation of any law or government regulation. This includes ordinances, laws and regulations concerning: (a) building (b) zoning (c) Land use (d) improvements on the Land (e) Land division (f) environmental protection This Exclusion does not appy to violations or the enforcement of these matters if notice of the violation or enforcement appears in the Public Records at the Policy Date. This Exclusion does not limit the coverage described in Covered Risk 14, 35 16, 17 or 24. 2. The failure of Your existing structures, or any part of them, to be constructed in accordance with applicable building codes. This Exclusion does not appy to violations of building codes if notice of the violation appears in the Public Records at the Policy Date. 3. The right to take the Land by condemning it, unless: (a) a notice of exercising the right appears in the Pubic Records at the Policy Date; or (b) the taking happened before the Policy Oate and is binding on You if You bought the Land without Knowing of the taking. 4. Risks: (a) that are created, allowed, or agreed to by You, whether or not they appear in the Public records; (b) that are Known to You at the Policy Date, but not to Us, unless they appeared in the Public Records at the Policy Date; (c) that resuR in no loss to You; or (d) that first occur after the Policy Date -this does not limit the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25, 5. Failure to pay value for Your Title. 6. Lack of a right: (a) to any Land outside [he area specifically described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Exclusion does not limit the coverage described in Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The folbwing matters are expressy excluded from the coverage of this policy and the Company will not pay Toss or damage, costs, attorneys' fees or expenses which arise by reason af: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use or enjoyment of the land; (ii) the character, dimensions or bcation of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any volation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resuting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged vioation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) whether or not recorded in the public records at Date of Policy, but created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not discbsed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resuting in no bss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resuting in bss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage or for the estate or interest insured by this policy. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in whkh the land is situated. 5. Invalidity or unenforceability of the Ilen of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth-in-lending law. 6. Any claim, which arises out of the transaction vesting in the insured the estate or interest insured by this policy or the transaction creating the interest of the insured lender, by reason of the operation of federal bankruptcy, state insolvency or similar creditors' rights laws. Commitment Cover - WA (Revised 4/03) SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments which are not now payable or 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; proceedings by a publlc agency whkh may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the pubik records. 2. Any facts, rights, interests or claims whkh are not shown by the public records but which could be ascertained by an inspection of the land or which may be asserted by persons in possession, or claiming to be in possesson, thereof. 3. Easements, liens or encumbrances, or claims thereof, which are not shown by the public records. 4. Discrepancies, conflicts in boundary lines, shortage in area, encroachments, or any other facts which a correct survey of the land would disclose, and which are not shown by the public records. 5. Any lien, or right to a lien, for labor, material, services or equipment, or for contributions to employee benefit plans, or liens under Workmans' Compensatbn Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservatons or exceptions in patents or in Acts authorrzing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 7. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the publlc or riparian owners to use any waters which may cover the land or to use any portion of the land whkh is now or may formery have been covered by water. or arbage collection or dis osal, or other 8. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, g p utilities unless disclosed as an existing lien by the public records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -EXTENDED COVERAGE 1. Taxes or assessments whkh are not now payable or 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 publlc records; proceedings by a publlc agency which may resuk in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Underground easements, servitudes or installations whkh are not discosed by the publlc records. 3. (a) Unpatented mining claims; (b) reservations or exceptions in patents or in Acts authoring the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the pubik records. 4. Right of use, control or regulation by the United States of America in the exercise of powers over navigation; any prohibition or limitation on the use, occupancy or improvement of the land resulting from the rights of the pubik or riparian owners to use any waters which may cover the land or to use any portion of the land whkh is now or may formerly have been covered by water. 5. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity, or garbage collection or disposal, or other utilities unless disclosed as an existing lien by the public records. SCHEDULE 6 EXCEPTIONS APPEARING IN ALTA LOAN POLICY (10-17-92) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) No general exceptions appear in these policy forms. Commitment Cover - WA (Revised 4/03) Order No.: PK - 20049145 LandAmerica Transnation 3905 Martin Way East, Suite A Olympia, Washington 98506 Phone: 360-459-8800 Fax: 360-459-3193 COMMITMENT FOR TITLE INSURANCE SCHEDULE A i. Effective Date: April 8, 2004 at 8:00 a.m. Commitment No.: PK - 20049145 2. Policy or Policies to be issued: Owners Policy 10-17-92 -General Schedule Rate Proposed Insured: Yelm Property Development, LLC Amount: $ 300.00 Premium: $ 300.00 Tax: $ 25.20 Total: $ 325.20 3. Title to the fee simple estate or interest in the land described or referred to in this Commitment is at the effective date hereof vested in: Senior Multi-Purpose Center of Yelm, a Washington non-prot:tt corporation 4. The land referred to in this Commitment is described as follows: See Exhibit "A" attached hereto. Transnation Title Insurance Company ay Authorized Signature Preliminary Commitment Page 1 of 2 Order No. PK - 20049145 EXHIBIT "A" PARCEL B OF BOUNDARY LINE ADJUSTMENT NO. BLA-1054, AS RECORDED APRIL 2, 1991 IN VOLUME 10 OF BOUNDARY LINE ADJUSTMENTS, PAGES 594 THROUGH 597 INCLUSIVE, UNDER RECORDING NO. 9104020180, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. Order No. PK - 20049145 SCHEDULE B REQUIREMENTS: Instruments necessary to create the estate or interest to be properly executed, delivered and duly filed for record. EXCEPTIONS: 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. A. Standard exceptions set forth on the Commitment Cover. B. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS: 1. REAL ESTATE EXCISE TAX PURSUANT TO THE AUTHORITY OF RCW CHAPTER 82.45 AND SUBSEQUENT AMENDMENTS THERETO. AS OF THE DATE HEREIN, THE TAX RATE FOR SAID PROPERTY IS 1.78% 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 64303600302 YEAR BILLED PAID BALANCE 2004 $1, 043.11 $0.00 $1, 043.11 THE CURRENT LEVY CODE IS 182. 3. LIABILITY TO ASSESSMENT FOR GENERAL TAXES ON MOBILE HOME, IF ANY, SAID PROPERTY NOT BEING CARRIED ON THE GENERAL TAX ROLLS. 4. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH MAY HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 5. ASSESSMENT: ORIGINAL AMOUNT: INTEREST: ANNUAL INSTALLMENTS: NEXT INSTALLMENT DELINQUENT: INSTALLMENT DELINQUENT: LEVIED BY: FOR: L.I.D. NO.: PARCEL NO.: $49,225.05 6.2% 15 OCTOBER 15, 2004 0 CITY OF YELM WASTEWATER TREATMENT FACILITY 1 64303600302 Page 3 of 2 Order No. PK - 20049145 SCHEDULE B -- continued 6 7. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: SENIOR MULTI-PURPOSE CENTER OF YELM, A WASHINGTON NON- PROFIT CORPORATION TRUSTEE: CHICAGO TITLE BENEFICIARY: VENTURE BANK ORIGINAL AMOUNT: $94,183.26 DATED: JANUARY 26, 2004 RECORDED: FEBRUARY 3, 2004 RECORDING NO.: 3615030 AFFECTS: SAID PREMISES AND OTHER PROPERTY UNRECORDED LEASEHOLDS, IF ANY; RIGHTS OF VENDORS AND HOLDERS OF SECURITY INTERESTS ON PERSONAL PROPERTY INSTALLED UPON THE LAND; AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES A7 THE EXPIRATION OF THE TERM. 8. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MKENNA IRIIGATED TRACTS. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 9. EASEMENT AND T GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NO.: HE TERMS AND CONDITIONS THEREOF: PUGET SOUND POWER AND LIGHT COMPANY ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AND RELATED RIGHTS A PORTION OF SAID PREMISES JANUARY 6, 1966 731604 IN CONNECTION THEREWITH WE NOTE CONSENT FOR USE RECORDED DECEMBER 15, 1999 UNDER RECORDING NO. 3270227. 10. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: WASHINGTON NATURAL GAS COMPANY PURPOSE: GAS PIPELINE OR PIPELINES AND RELATED RIGHTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: FEBRUARY 2, 1966 RECORDING NO.: 733275 11. EASEMENT AND THE TERM5 AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AND RELATED RIGHTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 28, 1979 RECORDING NO.: 1100599 12. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE SHORT PLAT RECORDED UNDER RECORDING NO. 9004170194. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. Page 4 of 2 Order No. PK - 20049145 SCHEDULE B -continued 13. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9104020180. THIS POLICY DOES NOT INSURE THAT THE LAND DESCRIBED IN SCHEDULE A IS BENEFITED BY EASEMENTS, COVENANTS OR OTHER APPURTENANCES SHOWN ON THE PLAT OR SURVEY TO BENEFIT OR BURDEN REAL PROPERTY OUTSIDE THE BOUNDARIES OF SAID LAND. 14. DECLARATION OF COVENANTS AND THE TERMS AND CONDITIONS THEREOF, PREVENTING CERTAIN PRACTICES IN THE USE OF THAT PORTION OF THE LAND LYING WITHIN 100 FEET FROM A WELL, AS DISCLOSED BY INSTRUMENTS RECORDED UNDER RECORDING NO'S. 3220581 AND 3223247. 15. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: CITY OF YEIM PURPOSE: UTILITIES AND RELATED RIGHTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: JUNE 16, 1999 RECORDING NO.: 3237463 16. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 17. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. NOTE 1: ACCORDING TO THE APPLICATION FOR TITLE INSURANCE, THE PROPOSED INSURED IS YELM PROPERTY DEVELOPMENT, LLC. WE FIND NO PERTINENT MATTERS OF RECORD AGAINST THE NAME(S) OF SAID PARTY(IES). NOTE 2: THE CURRENT PROPERTY ADDRESS IS NOT AVAILABLE AT THIS TIME. NOTE 3: IT HAS BEEN INDICATED TO THE COMPANY THAT THERE MAY BE A MANUFACTURED HOME LOCATED ON THE LAND DESCRIBED IN SCHEDULE A. THE MANUFACTURED HOME IMPROVEMENTS WILL BE EXPRESSLY EXCLUDED FROM COVERAGE, UNLESS, WE ARE PROVIDED WITH THE FOLLOWING: A) A COPY OF THE CURRENT CERTIFICATE OF OWNERSHIP WITH RELEASES. B) A COPY OF THE APPLICATION FOR THE NEW CERTIFICATE OF OWNERSHIP (WITH PROPER LISTING OF THE PROPOSED INSUREDS) AS OWNER OR SECURITY INTEREST HOLDER AS APPROPRIATE). C) EVIDENCE THAT PERSONAL PROPERTY TAXES ON THE MOBILE HOME HAVE BEEN PAID IF ASSESSED ON THE PERSONAL PROPERTY TAX ROLL. D) MANUFACTURED HOME TITLE ELIMINATION APPLICATION, BEING STATE OF WASHINGTON, DEPARTMENT OF LICENSING FORM TD-420-730 MANUFACTURED HOME TITLE ELIMINATION APPLICATION COMPLETED AND APPROVED AND READY OF RECORDING, OR RECORDED. NOTE 4: EVIDENCE AND AUTHORITY OF THE OFFICERS OF SENIOR MULTI-PURPOSE CENTER OF YELM, A WASHINGTON NON-PROFIT CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT SHOULD BE SUBMITTED. Page 5 of 2 Order No. PK - 20049145 SCHEDULE B -continued NOTE 5: IT SHOULD BE NOTED THAT IN THE CASE OF A SALE OR MORTGAGE OF ALL OR SUBSTANTIALLY ALL OF THE LAND AND ASSETS OF A CORPORATION, REGARDLESS OF THE REQUIREMENTS OF THE ORGANIZATIONS INVOLVED, THE WASHINGTON NON- PROFIT CORPORATION ACT (RCW 24.03.215) REQUIRES A SPECIAL PROCEDURE. IF THERE ARE NO MEMBERS HAVING VOTING RIGHTS, THE ACT REQUIRES A SALE OR MORTGAGE TO BE AUTHORIZED BY MAJORITY VOTE OF 7HE DIRECTORS. IF THERE ARE MEMBERS HAVING VOTING RIGHTS, THE ACT REQUIRES THE FOLLOWING: THAT THE BOARD OF DIRECTORS ADOPT A RESOLUTION RECOMMENDING THE SALE OR MORTGAGE AND DIRECTING THAT IT BE PUT TO A VOTE OF THE MEMBERSHIP. THAT WRITTEN NOTICE OF THE MEETING STATING ONE OF THE PURPOSES IS TO SECURE APPROVAL OF THE TRANSACTION TO BE GIVEN TO EACH MEMBER, IN ACCORDANCE WITH THE ARTICLES AND BY-LAWS, BUT IN NO CASE TO BE DELIVERED LESS THAN 10 OR MORE THAN 50 DAYS BEFORE THE MEETING. THAT AUTHORIZATION AT SUCH MEETING REQUIRES ATWO-THIRD VOTE OF THE MEMBERSHIP PRESENT; AND THAT AFTER SUCH MEETING THE BOARD OF DIRECTORS APPROVE SUCH TRANSACTION BY APPROPRIATE RESOLUTION. NOTE 6: THE COUNTY TAX ROLLS DISCLOSE THE CURRENT ASSESSED VALUATIONS AS FOLLOWS: LAND: $72,300.00 IMPROVEMENTS: $0.00 MOBILE HOME (IF ANY) $0.00 TOTAL: $72,300.00 NOTE 7: IF YOU WOULD LIKE THE COMPANY TO ACT AS TRUSTEE IN THE PROPOSED DEED OF TRUST, PLEASE NOTE THAT "TRANSNATION TITLE INSURANCE COMPANY" MAY ACT AS TRUSTEE OF A DEED OF TRUST UNDER RCW 61.24.010(1). NOTE 8: THE COMPANY REQUIRES THE PROPOSED INSURED TO VERIFY THAT THE LAND COVERED BY THIS COMMITMENT IS THE LAND INTENDED TO BE CONVEYED IN THIS TRANSACTION. THE DESCRIPTION OF THE LAND MAY BE INCORRECT, IF THE APPLICATION FOR TITLE INSURANCE CONTAINED INCOMPLETE OR INACCURATE INFORMATION. NOTIFY THE COMPANY WELL BEFORE CLOSING IF CHANGES ARE NECESSARY. CLOSING INSTRUCTIONS MUST INDICATE THAT THE LEGAL DESCRIPTION HAS BEEN REVIEWED AND APPROVED BY ALL PARTIES. NOTE 9: THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED, PER AMENDED RCW 65.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WITHIN THE BODY OF THE DOCUMENT. PARCEL B, BLA-1054 Page 6 of 2 Order No. PK - 20049145 SCHEDULE B -continued (END OF EXCEPTIONS) Investigation should be made to determine if there are any sewer treatment capacity charges or if there are any service, installation, maintenance, or construction charges for sewer, water or electricity. In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule. Unless otherwise requested, the forms of policy to be issued in connection with this Commitment will be ALTA 1992 policies, or, in the case of standard lender's coverage, the CLTA Standard Coverage Policy - 1990. The Policy committed for or requested may be examined by inquiry at the office that issued the Commitment. A specimen copy of the Policy form(s) referred to in this Commitment will be furnished promptly upon request. CB Page 7 of 2 Order No.: 20049145 Issued by LandAmerica Transnation 3905 Martin Way East, Suite A Olympia, Washington 98506 Phone: 360-459-8800 Fax: 360-459-3193 Transnation Title Insurance Co as COMMITMENT' FOR TITLE INSURANCE 7ransnaMon Title Insurance Company, an Arizona corporation, herein calved the Company, for a valuable consideration, hereby commits to Issue its policy or polities of title insurance, aS iderrtified in Schedule A, in favor of the proposed insured named in Schedule A, as owner or mortgagee of the estate or Interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefor, all subject to the exceptions and Conditions and stipulations shown herein, the Exclusions from Coverage, the Schedule B exceptions, and the conditions and stlpulations of the policy or polities requested. (See the following pages for printed Exclusions from Coverage and Schedule B exceptions contained in various policy forms.) This Commitment shall be effective only when the identity of the proposed Insured and the amount Of the policy or polities committed for have been inserted In Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement and Is subject to the Conditions and Stpulatons. This Commitment is preliminary to the issuance of such policy or polities of title insurance and all liabifity and obligations hereunder shall cease and terminate 180 days after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to tssue such policy or policies is not the fault of the Company. NOTE: THE POLICY COMMITTED FOR MAY BE EXAMINED BY INQUIRY AT THE OFFICE WHICH ISSUED THE COMMITMENT, AND A SPECIMEN COPY OF 7HE POLICY FORM (OR FORMS) REFERRED TO IN THIS COMMITMENT WItL BE FURNISHED PROMPTLY UPON REQUEST. Attest: ~, ~„~~ ~wu,¢, Secretary Transnation Title Insurance Company ~~~~ lirs~~~ N ~ f3y. President srrt u, im ~V110'1~ COMMITMENT CONDITIONS AND STIPULATIONS 1. The berm mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument 2. if the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fait to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any ad of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires acd-al knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred purwant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or {c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. Commitment Cover - WA (Revised 4/03) Order No.: 20049145 SCHEDULE OF EXCLUSIONS FROM COVERAGE The matters listed below each policy form are expressly excluded from the coverage of that policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason thereof. AMERICAN LAND TITLE ASSOCIATION LOAN POLICY (10-17-92) The fobowhg matters are expressN excluded from the coverage of this DolkY and the Company will not pay bss or damage, costs, attorneys' fees or expenses whkh arise by reason of; 1. (a) Any law, ordinance or governmental regulation (krckrdhg but not brrrRed to building and zoning laws, ordinances, or reguWtbns) restrkthg, reguWthg, prohibkhg or rekting to (f) the occupancy, use or enjoyment of the land; (iQ the character, dimensions or bcation of erry Nnprovement now or hereafter erected on the Wnd; (lei) a separation h ownership or a change h the dknensbrrs or area of the land or any parcel of whkh the land is or was a part; or (N) environmental protectbn, Or the effect of any vbWtion of these laws, ordinances or governmental reguWtbns, except to the extent that a notce of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a vbWtbn or alleged vbWtbn affecting the Wad has been retarded in the publk records at Date of Polley. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice at a defect, ben or encumbrance resulting from a vbWtbn or alleged vblatbn affecting the Wnd has been recorded h the pubbc records at Date of Pobty. 2. Rights of enrhent domah unless notce of the exercise thereof has been recorded h the public rernrds at Date of Polley, but not excludng from coverage any taking whkh has occurred prior to Date of Pobcy whkh would be badtng on the rights of a purchaser for vakre without knowledge. 3. Defects, bens, encumbrances, adverse rlahm or other matters: (a) created, suffered, assumed or agreed to by the hsured daFneM; (b) not known to the Company, not recorded h the public records at Date of Polley, but known to the Insured dah~ant and not disclosed In wrRhg to the Comparry by the Insured claimant prbr to the date the insured cWhwnt became an Insured under this pobty• (c) resufttng h no bss or damage to the inwrcd claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that thk polky Insures the prbrRy of the ben of the hsured mortgage over any statutory ben for servces, Wbor or materWl or to the extent Insurance W afforded hereh as to assessments for street trnprovement5 under construction or completed at Date of Polley); or (e) resulting h bss or damage which would not have been sustained ff the Insured claimant had pakl value for the Insured mortgage. 4. UnenforceabdRy of the ben of the hsured mortgage because of the habibty or faiM~re of the hwred at Date of Polley, or the inability or failure of any subsequent owner o the indebtedness, to compN wRh apprxybk dohg business Wws of the state h which the Wnd W situated. 5. Invabdity or unenforceabbtty of the ben of the hsured mortgage, or cWkn thereof, which arises out of the transactbn evidenced by the insured rrrortgage and W based upon usury or any consumer cradle protettbn or truth-h-lending law. 6. Any statutory ben for services, Wbor or materWls (or the claim of prbrity of any statutory ben for servces, labor or materWNS over the ben of the insured mortgage) arising from an hprovement or work reefed to the Wnd whkh is contracted for and commenced subsequent to Date of Pobty and is not financed h whole or h part by proceeds of the indebtedness secured by the Insured mortgage which at Date of Pobcy the hsured has advanced or is obbgated to advance. 7. Arty claim, which arises out of the transaction aeathg the interest of the mortgagee hsured by this polky, by reason of the operatbn of federal bankruptcy, state insolvency, or sattbar creditors' rights Wws, that K based on: (a) the transactbn treating the interest of the hsured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (b) the wbordhation of the Interest of the hsured mortgagee as a result of the appbcatbn of the doctrhe or equitable subordhatbn; or (c) the transaction tteating the interest of the hwred mortgagee being deemed a preferential transfer except where the DreferentWl transfer rewbs from the fabure: (p to threN record the hstrument of transfer; or (b) of such recordatbn to impart notice to a purchaser for value or a judgment or Ikn creditor. AMERICAN LAND TITLE ASSOCIATION OWNER'S POLICY (10-17-92) The fobowhg matters are expressN excluded from the coverage of this pobcy and the Company wib not pay bss or damage, cests, attorneys' fees or expenses which arise by reason of: 1. (a) Arty Ww, ordhance or governmental reguWtbn (krckrdhg but not bmRed to bubdhg and zoning Wws, ordhances, or reguWtbns) restrkting, reguWthg, prohibiting or reWthg to (n the occupancy, use or enjoyment of the Wnd; (b) the character, dNnensbns or bcatbn of any improvement now or hereafter erected on the land; (bf) a separation h ownership or a change in the dimensbns or area of the Wad or any parcel of which the Wnd is or was a part; or (iv) envronmental protection, or the affect of any vkilatl0n of these WwS, oMhances or govemmeMal reguWtbns, except to the extent that a notice of the enforcement thereof or a notice of a defect, Ikn or encumbrance resukhg from a vblatbn or abeged vbletbn affecting the Wad has been recorded h the publk records at Date of Polley. (b) Any governmental pollee power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notce of a defect, lien or enambrance resuting from a vbWtbn or alleged vbWtion affecting the land has been recorded h the publk records at Date of Plbcy. 2. Rights of eminent domain unless notce of the exercise thereof has been recorded h the pubbc records at Date of Pobcy, but not excluding from coverage arty taking whkh has occurced prbr to Date of Polley whkh would De bindhg on the rights of a purchaser for value wbhout knowledge. 3. Defects, Bens, encumbrances, adverse cWims or other matters: (a) seated, suffered, assumed or agreed to by the hsured daenant; (b) not known to the Company, not recorded h the pubbc records at Date of Pobty, but known to the insured cWimant and not disclosed in wrRhg to the Company by the hsured cWknant prbr to the date the hwred daknant became an Insured under this policy; (c) resubing h no bss or damage to the hsured claimant; (d) attachhg or created subsequent to Date of Polley; or (e) resukhg h bss or damage which would not have been sustained if the insured dahiant had paid value for the estate or Interest Ensured by this polley. 4. Any clean, whkh arises out of the transactbn vesting in the Inwred the estate or Interest Inwred by thW pobcy, by reason of the operatbn of federal bankruptcy, state insolvency, or similar creditors' rights Wws, that is based on: (a) the transaction creating the estate or Merest insured by this pobcy being deemed a fraudulent mrrveyance or fraudulent transfer, or (b) the transactbn creating the estate or interest hsured by this pobcy being deemed a preferential transfer except where the preferentWl transfer results from the fabure: (i) to thieN record the Instrument of transfer; or (li) of such rernrdatbn to impart notce to a purchaser for value or a judgment or lien creditor. Commitment Cover - WA (Revised 4/03) Order No.: 20049145 SCHEDULE OF EXCLUSIONS FROM COVERAGE (conitinutad) AMERICAN LAND TITLE ASSOCIATION HOMEOWNER'S POLICY OF TITLE INSURANCE FOR AONE-TO-FOUR FAMILY RESIDENCE (10-17-9$) In addition to the Exceptpns in Schedule B, You are not insured against b55, costs, attorneys' fees, and expenses resulting from: 1. Governmental pollee power, and the existence or vbiatbn of any law or government regulaton. This includes ordinances, laws and regulatons concerning: (a) budding (b) zoning (c) Land use (d) improvements on the Land (e) land dNisbn (f) environmental protection This Exclusion does not appy to vblatbns or the enforcement of these matters ff notcee of the vblatbn or enforcement appears in the Publk Records at the Polley Date. This Excluson does not dmlt the wverage descrWed Nr Covered Risk 14, 15 16, 17 or 24. 2. The faiure of Your existing structures, or any pert of them, to be constructed in accordance wlth appdcable budding codes. This Exclusbn does rrot appN to violations of building codes ff rwtice of the volation appears in the Publk Records at the Podcy Date. 3. The right to take the Land by condemnleig lt, unless: (a) a notcee of exercising the right appears M the Publk Records at the Policy Date; or (b) the taking happened before the Polcy Date and is bindMg on You ff You bought the Land without Knowing of the takleig. 4. Risks: (a) that are created, allowed, or agreed to 6y You, whether or nat they appear in the Public rernrds; (b) that are Known to You at the Pocky Date, but not to Us, unless they appeared In the Pubic Records at the Polley Date; (c) that result In no bss to You; or (d) that first occur after the Pocky Date -this does not Ilenlt the coverage described in Covered Risk 7, 8.d, 22, 23, 24 or 25. 5. Failure to pay value for Your 1'Rle. 6. Lack of a right: (a) to any Land outskle the area specfficady described and referred to in paragraph 3 of Schedule A; and (b) in streets, alleys, or waterways that touch the Land. This Ezckrsbn does not gmlt the opverage described b Covered Risk 11 or 18. CLTA STANDARD COVERAGE LOAN POLICY 1990 The folbwinq matters are expressy exckrded from the coverage of thle pocky and the Company will not pay bss or damage, costs, attorneys' fees or expenses whkh arise by reason of; 1. (a) Any law, ordinance or governmental regulation (inckrding but not dmlted to building and zoning laws, ordinances, or regulations) restricting, regulating, prohiblting or relating to p) the occupancy, use or enjoyment of the land; (d) the character, dimensbns or kKatbn of arty lenprovement now or hereafter erected on the land; (ill) a separatbn b ownership or a change in the dlenensbns or area of the land or any parcel of which the Wnd i9 or was a part; or (fv) ernlronmental protectbn, or the effect of any vbtatbn of these Wws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof Or a notce Of a defect, den or encumbrance resulting from a vbtatbn or alleged vblatbn affecting the land has been recorded in the pubdc records et Date of Pocky. (b} Any governmental pollee power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a vbiatbn or alleged violation affecting the land has been recorded in the pubik records at Date of Podcy. 2. Rights of eminent domain unless notcee of the exercise thereof has been recorded in the pubdc records at Date of Pocky, but not exckiding from coverage any taking whkh has occurred prior to Date of Polley whkh would be binding on the rights of a purchaser for vakre wthout knowledge. 3. Defects, lens, encumbrances, adverse cbims or other matters: (a} whether or not recorded in the pubilc records at Date of Polley, but created, suffered, assumed or agreed to by the insured dahnant; (b) not known to the Company, not recorded in the pubdc records at Date of Pocky, but known to the Msured claimant and not discbsed b wrltleiq to the Company by the leisured claimant prior to the date the leisured dalenant became an insured under tliB pocky; (c) resulting in no bss or damage to the insured claimant; (d) attaching or created subsequent to Date of Polley; or (e) resulting in bss or damage which would rrot have been sustained ff the insured clalenant had paid value for the insured mortgage or for the estate or irKerest hsured by the pocky. 4. Unenforceabdity of the den of the insured mortgage because of the leiabidty or faikrre of the insured at Date of Polley, or the inability or failure of any subsequent owner of the indebtedness, to comply with appdcable doing business Wws of the state In which the land is situated. 5. Invaddity or unenforceabillty of the Ikn of the insured mortgage, or clalen thereof, whkti arises out of the transacton evklenoed Dy the insured mortgage and is based upon usury or arty consumer credlt proteUion or truth-in-lendleig law. 6. Any claim, which arises out of the transactbn vesting In the insured the estate or interest leisured by this policy or the transaction creating the interest of the insured lender, by reason of the operatbn of federal bankruptcy, state lersoNency or similar creditors' rights Taws. Commitment Cover - WA (Revised 4/03) SCHEDULE 8 EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -STANDARD COVERAGE AND CLTA STANDARD COVERAGE LOAN POLICY 1. Taxes or assessments whkh are not now payable or which are not shown as existing Ikns by the records of any taxing authority that levies taxes or assessments on real property or by the public records; Droceedki9s by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not shown by the records of such agency or by the public records. 2. Arty farts, rights, interests or claims which are not shown by the public records but whkh could be ascertained by an inspectbn of the rand or which may be asserted by persons in possessbn, or chiming to be in possessbn, thereof. 3. Easements, Hens or encumbrances, or ckNns thereof, whkh are not shown by the public records. 4. Discrepancies, wnfkcts In boundary lines, portage in area, encroachments, or any other facts which a rnrreU survey of the land would discbse, and which are not shown by the public records. 5. Any lien, or right to a ken, for kbor, material, services or equipment, or for contributions to empbyee benefit pkns, or (fens under Workmans' Compensatbrt Acts, not disclosed by the public records. 6. (a) Unpatented mining claims; (b) reservations or exceptbns in Patents or In Acts authorizing the issuance thereof; (c) IndWn treaty or aboriginal rights, Mciuding, but not IknRed to, easements or equnabk servitudes; or, (d) water rights, clakns or tkk to water, whether or not the matters excepted under (a), {b}, {c) or (d) are shown by the public records. 7. Right of use, coMroi or regulation by the United States of Amerce ht the exerctse of powers over navigatbn; any prohibition or Iknitatbn on the use, oowpancy or Improvement of the land resulting from the rights of the public or riparian owners to use any waters which may cover the land or to use any porton of the land whkh is now or may formerly have been rnvered by water. 8. Any servce, fnstakation, connection, maintenance or constructbn charges for sewer, water, electrkRy, or garbage coNectbn or disposal, or other utiktks unless dkcbsed as an exkting ken by the publik records. SCHEDULE B EXCEPTIONS APPEARING IN ALTA OWNER'S POLICY -EXTENDED COVERAGE 1. Taxes or assessments whkh arc not now payable or whkh are not shown as existing liens by the records of any taxing authorriy that levies taxes or assessments on real property or by the public records; Droceedings by a public agency whkh may result in taxes or assessments, or notces of wch proceedings, whether or not shown by the records of wch agency or by the public records. 2. Underground easements, servitudes or kistallatbns which are not discosed by the public records. 3. (a) Unpatented mining ckirns; (b) reservations or exceptions in patents or In Acts authorizing the issuance thereof; (c) IndWn treaty or aboriginal rights, including, but not Iterated to, easements or equitable servkaedes; or, (d) water rights, claKns or title to water, whether or not the matters excepted under (a), (b}, (c) or (d) are shown by the public records. 4. Right of use, control or regulatbn by the United States of America b the exercise of powers over navigatbn; arty prohibiton or limitation on the use, occupancy or improvement of the land resuhbrg from the rights of the pubrrc or riparian owners to use arty waters whkh may cover the Wnd or to use any portion of the land whkh is now or may formerly have been covered by water. 5. Any service, instagatbn, connectbn, maintenance or constructbn charges for sewer, water, electricty, or garbage cokectbn or disposal, or other utiktks unless disclosed as an existing ken by the public records. SCHEDULE B EXCEPTIONS APPEARING iN ALTA LOAN POLICY (10-17-52) and ALTA HOMEOWNER'S POLICY OF TITLE INSURANCE (10-17-98) No general exceptions appear in these policy forms. Commitment Cover - WA (Revised 4/03) eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer and Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dennis M. Balascio, Yelm Property Development, L.L.C. 2. Willow Glenn Phase II Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE'/4 of the SE'/4, of Section 19, Township 17 N, Range 2 E., W.M., and a portion of the NW 1/4 of the SW '/4 of Section 20, Township 17 N, Range 2E, WM, being a portion of Block 35 of McKenna Irrigated Tracts. Assessor's Property Tax ParceVAccount Number: 64303500400, 64303500300, and 84070200000 i VIII IIII IIIIIII IIIiI III VIII IIII IIII o 6ge r0 o3a f ~ ~z~SA IIIlilllllllllli YELM PROPERTY DEV MISC $20.00 Thurston Co. Wa. CITY OF YELM BILL OF SALE THIS BILL OF SALE is made and executed this ~ day of .Yl~r,,u.p 20~ by and between Yelm Property Development, L.L.C. ,hereinafter called the "Grantor" and e CITY OF YELM, a Municipal Corporation, hereinafter called the "Grantee". WITNESSETH: That the Grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby conveys, sets over, assigns and warrants to the City of Yelm the following described personal property situated in Thurston County, State of Washington, TO WIT: All Sanitary Sewer lines, STEP sewer system, Water lines and related appur- tenances lying within dedicated public rights of way for the Plat of- Willow Glenn Division 2 and for Middle Road S.E.; City of Yelm's Plat No. SUB-02-831 7-YL . The Grantor hereby warrants that he is the sole owner of all the property above conveyed, he has the full power to convey the same, and that he will defend the title of said grantee against any and all persons lawfully making claim thereto. Dated at Yelm, Washington, this day ~~ of ~b~ ~zr~_20~. (grantor) .... _ .. _ _ _ _ _ .. __._...., ~- , STATE OF WASHINGTON) ~ P~eM~i_A ~~ W~I.I<ildSOly ~ ~r'Y ~ r I'v~.>> rs'Y PUBLIC: ~ ) ~ i ST~~ L a~ WA5H1NCTt~N ~ COUNTY OF THURSTON ) ; MY ~omm;aolan F?cPlre„ Mir. 69, ~AO~ ; certify that I know or have satisfactory evidence that ~~n~ 5~ ~ 1Gi~ C7 (is) the person who appeared before me, and said person acknowledged that Fie signed this instrument, and acknowledged it to be his free and voluntary act, for the uses and purposes therein mentioned. Given under my hand and official seal this day of ; ~ 20~. NOTARY PUBLIC, in and f r the State of Washington. residing in ~ ; °` ~ '~ - ~ My commission expires ~~ - ~ System accepted by the City of Yelm this day of 20 City of Yelm By: Director of Public Works IIIIII 3624093 III Page: 2 of 2 IIIII IIIIIIII 1111111 IIIIII III III 0311 IIIII IIII 2. 2004 1 IIII o 05a YELM PROPERTY DEV MISC $20.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial); 1. Dennis M. Balascio, Yelm Property Development L.L.C. 2. Willow Glenn Phase II Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the SE '/4, of Section 19, Township 17 N, Range 2 E., W.M., and a portion of the NW '/4 of the SW '/4 of Section 20, Township 17 N, Range 2E, WM, being a portion of Block 35 of McKenna Irrigated Tracts. Assessor's Property Tax ParceUAccount Number: 64303500300, 64303500400, and 84070200000 Illllllllllilllilllllllll II II III II I I I I I I I 3624094 IIII III III) 03 g12 / 2004 f p 06R AGR $21.00 Thurston Co. Wa WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Yelm Property Development, LLC (hereinafter referred to as the "Owner"), has applied to the city of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Willow Glenn Division 2, a copy of which plat is attached hereto and made a part hereof as "Exhibit A" on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, allies and other rights of way, and other public facilities and improvements; and ~VI~REAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHEREAS in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations: NOW THEREFORE, to induce the City to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breech of the foregoing Warranty, and without limiting the City's remedies for breech of warranty, the Owner agrees to promptly repair or replace any defective work, at no cost to the City, and to provide alllabor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired or replaced pursuant to public advertisement and receipt and acceptance of bids, said streets, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay to and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all the provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. Illfilllllllllllllllllllll IIII IIIIIIIIIII IIIIIIIIIIIII °°s.09° AGR of 3 4 10 06R Thurston Co. Wa. Dennis M. Balascio, Manager Yelm Property Development, LLC STATE OF WASHINGTON ) SS COUNTY OF THURSTON ) ~~ THIS IS TO CERTIFY that on this .~~ day of - 004, before me, the undersigned, Notary Public in and for the State of Washington. d y co ssioned, sworn and qualified, personally came Dennis M. Balascio, known to be the individual described in and who executed the within and foregoing Warranty Agreement, and acknowledged to me that he signed and sealed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. WITNESS MY AND AND OFFICIAL SEAL the day and year first above written. N TARYPUBLCinandfo ,________._,,>„>>,»,,,a, State of Washington, residing at: ~ ~~~~~~ ~ '~r~~~;[~l~~~i 1 ~ ~Sb ~~7~lfC ii ctjtj4_i? / ~~a_~ ~. ~Q ee~~ ~j r ~ ~ R hip inri~rnrastoa t~r:ir~s ~,:3r, z ~;, ;?USA e ~ 3624094 III IIII IIII 03 9' 2.120ra f r~3G5R III II IIIIIIIIII illlllllll IIIIIIIIII illlllll YELM PROPERTY DEV AGR $21.00 Thurston Co. Wa. eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Residential Agreement to Maintain Stormwater Facilities 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dennis M. Balascio, Yelm Property Development, L.L.C. 2. Willow Glenn Phase II Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the SE '/4, of Section 19, Township 17 N, Range 2 E., W.M., and a portion of the NW '/4 of the SW '/4 of Section 20, Township 17 N, Range 2E, WM, being a portion of Block 35 of McKenna Irrigated Tracts. Assessor's Property Tax ParceUAccount Number: 64303500400, 64303500300, and 84070200000 III 3624097 III II III III III II P IIII a II e. II 9 1 III II of Y IIII 2 EL II 4 M III P II RO II P II E III RTY III D II 03! EV AGR 12!2004 10:068 $42.00 Thurston Co. Wa RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN YELM PROPERTY DEVELOPMENT, LLC A WASHINGTON LIMITED LIABILITY COMPANY, THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "COMPANY") AND CITY OF YELM (HEREINAFTER "JURISDICTION") 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 environment protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION: (of the proposed plat of Willow Glenn, Division 2): PARCEL A: Lot B of Boundary Line Adjustment No. BLA - 008260 YL as recorded September 21, 2000, under Recording No's. 3314744 and 3314745, records of Thurston County Auditor; PARCEL B: Tracts D, E and F of Willow Glenn, as per plat recorded July 27, 2001 under Recording No. 3368416, records of Thurston County Auditor; SITUATE in City of Yelm, Thurston County, Washington. Whereas, the COMPANY 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 Jurisdiction to ensure the protection and enhancement of water resources, the Jurisdiction and the COMPANY hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. COMPANY 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°°. IIIII 3624097 r:\forms\drainage\appendk.97 III Page : 2 of 24 it II IIIII IIIII III IIII IIIII III III IIII IIII 03, IIII 12, III 2004 YELM PROPERTY DEV 10.o6R AGR $42.00 Thurston Co. Wa. (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 16440 Middle Road SE Yelm WA 98597. 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 COMPANY 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 Jurisdiction 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) and (2) above. A photocopy of the applicable sections of the log look, 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 ponds, managing vegetation in wet ponds, resetting orifice sizes and elevation, and adding baffles. THE JURISDICTION SHALL: (1) Maintain all stormwater system elements in the public rights-of--way, such as catch basins, oil-water separators, and pipes. (2) Provide technical assistance to the COMPANY 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 Jurisdiction time and resources permit. (3) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with the COMPANY . 3624097 III IIII IIII p3 g 2'12004 f 0:068 IIIIIIIII IIIIIIII Ilillll IIIIIIIII illlll IIIII r:\forms\drainage\appendk.97 YELM PROPERTY DEV AGR $42.00 Thurston Co . Wa . (4) Review this agreement with the COMPANY and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the Jurisdiction shall give the COMPANY notice of the specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, written notice will be sent to the COMPANY stating the Jurisdiction's intention to perform such maintenance and bill the COMPANY for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in Remedies (1), above, shall be required under such circumstances. All other COMPANY responsibilities shall remain in effect. (3) The COMPANY grants unrestricted authority to the Jurisdiction for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The COMPANY shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the Jurisdiction in the preceding section. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. 3624097 I IIII 03 9 2,/ 204 f 0 : 06R r:\forms\draina e\a endk.97 IIIII IIIII P III 9 P III IIIII IIII IIII IIIII IIIII IIII 1111111 YELM PROPERTY DEV AGR $42.0@ Thurston Co. Wa. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest, or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. Denny Balascio, Yelm Property Development, LLC. A Washington Limited Liability Company 3624097 r:\forms\drainage\appendk.97 II IIII Page . 5 of 24 IIIIII p3 / 12/2004 10 .06R IIIII IIIIII IIIIII III IIIIII IIIIII IIII lJa IIIIII Co . I ton AGR $42.00 Thurs YELM PROPERTY DEV STATE OF WASHINGTON COUNTY OF THURSTON ss On this day and year above personally appeared before me, Denny Balascio, who acknowledged that he signed this instrument and on oath stated that he was authorized to execute the instrument and acknowledged it, as the of Yelm Property Development, LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Given under my hand and official seal this i ERIK J. HEIMANN ~ NOTARY PUBLIC ~ STATE OF WASHING70N ~ ~ My Commission Expires June 5 a2004 ~ ~.~~~. v.w~-~.. ..-.. ~a ...~+~.~-.. ~ .I Z Z.. d day of ~~:~ ~ «~~ , 200. Notary Public ' and for the State of Washington, residing in ~/„ ,,,,,, e~~ My commission expires: d~ /~ ~/may Dated at ,Washington, this L ~ day of J4 N -~ .t_. , 200 STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, l~~ ~ ~ y ~ ,c. r ~. ~ ,who executed the foregoing instrument and acknowle ge~aid instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument.. Given under my hand and official seal this Z ~ day of /~ N ~ k Y , 200. ~ i ERIK J. HEIMANN ~ i ~ NOTARY PUBLIC ~ Notary Public ' and for the State of ~ STATE OF WASHINGTON My Commission Expires June 5 ~ooa ~ ~ Washington, residing in ~ / a , ~-~~~~°-----~--~----., .. - - ~- o Mycommission expires: _~ vS vy APPROVED AS TO FORM: r:\forms\drainage\appendk.97 3624097 IIII IIII oag z~rzooa f o:osa VIII Illiilllli IIIIIIIII IIIIIIilill IIIIIIII III YELM PROPERTY DEV AGR $42.00 Thurston Co. Wa. 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 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. r:\forms\drainage\a ppendk.97 IIII IIII IIII o 6ge 0 ooa f o osa IIIIIIIIIiIIIII IIIlillllllilllll Iillllllll YELM PROPERTY DEV AGR $42.00 Thurston Co. Wa. ATTACHMENT "A" MAINTENANCE PROGRAM Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: COVER SHEET 3624097 r:\forms\drainage~appendk.97 III Page . $ of 24 III 03/12/20Q4 10:068 III III II III II III III III IIII IIIII IIIII IIII Wa II o. IIIII n C II sto AGR $42.00 Thur YELM PROPERTY DEV 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 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. II 3624097 II III I P II a II III e . II g 9 II III o f I II 24 II III r.\forms\draina a\a endk.97 III III I 9 PP II III Y III EL II M P IIII RO III o3, PE I 12 RTY DEV ~2©04 10:06q AGR $42.00 Thurston Co. Wa ATTACHMENT "A" MAINTENANCE PROGRAM Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: COVER SHEET n-~~,~~#~~~-~~ IINIIIIIIIIII~IIIInIII~NIUIIIIYINInllll~lll~ 3624097 Page: 10 of 24 03/12/2004 10:068 Thurston Co. Wa. MAINTENANCE CHECKLIST Maintenance Checklist for Ponds Frequency Drainage System _ I Problem Conditions to Check For Conditions That Should Exist Feature V M,S General _ 1 Trash & debhs Dumping of yard waste such as grass Remove trsh & debhs and ~! build-up in pond. clippings and branches into basin. dispose as pre-scribed by City Unsightly accumulation of non- Waste Management Section. degradable matehals such as glass, plastic, metal, foam and coated paper. M _ I ~ Poisonous Any poisonous vegetation in which Remove poisonous vegetation. 1 vegetation may cons5tute a hazard to the public. Do not spray chemicals on Examples of poisonous vegetation vegetation without obtaining include: tansy ragwort, poison oak, guidance from the Cooperative stinging nettles, devils club. Extension Service and approval from the City. M,S _ I Fire hazard or Presence of chemicals such as natural Find sources of pollution and V pollution gas, oil, and gasoline, obnoxious color, eliminate them. Water is free odor, or sludge noted. from noticeable color, odor, or contamination. M ~ Grass not Far grassy ponds, grass cover is Grass cutting unnecessary growing or is sparse and weedy or is overgrown. unless dicthted by aesthetics. overgrown. M _ 1 Rodent holes Any evidence of rodent holes if facility Rodents destroyed and dam or V is acting as a dam or berm, or any berm repaired. Contact the evidence of water piping through dam Thurston County Health or berm via rodent holes. Department for guidance. M _ 1 InsecLS When insects such as wasps and Insects destroyed or re-moved V hornets interfere with maintenance from site. Contact Cooperative activities, or when mosquitoes become Extension Service for guidance. a nuisance. A _ 1 Tree growth Tree growth does not allow 'Tees do not hinder maintenance ~1 maintenance access or interferes with activities. maintenance activity (i.e., slope mowing, silt removal, or equipment movements). If trees are not interfehng with access, leave Vees alone. M Side slopes of _ 1 Erosion on Check around inlets and outlets for Find causes or erosion and pond ~1 berms or at signs of erosion. Check berms for eliminate them. Then slopes entrance/exit signs of sliding or settling. Action is should be stabilized by using needed where eroded damage aver 2 appropriate erosion control inches deep and where there is measure(s): e.g., rock potential for continued erosion. reinforcement, planting of grss, compaction. M Storage area _ 1 Sediment Accumulated sediment that exceeds Sediment cleaned out to ~l buildup in pond 10% of the designed pond depth. designed pond shape and depth; Buried or partially buhed outlet pond re-seeded if necessary to structure probably indi~tes signifcant control erosion. sediment deposits. A Emergency ., J Water obstructer Debhs block outlet. Remove debris. overflow ~I If you are unsure whether a problem exists, please contact the jurisdiction and ask far technical assistance. Commenrs: Kev A =Annual (Marcn or Aoril preferred) M =Monthly (see schedule) S =After major storm Iillll IIIII II 06ge 091 of 24 IIII (IIII IIII III 3112!2004 10 IIIIIIIIIIIIIIII 06A IIIIIIIII YELM PROPERTY DEV AGR $42.00 Thurston Co. Wa. MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage System _ I , Problem Conditions to Check For Conditions That Should EYist Feature 1 M,S General _ 1 Trash & debris Ses Maintenance Checklist for Ponds. See Maintenance Checiclisi for ~! buildup in pond Ponds. M ~ Poisonous See Maintenance Checklist for Ponds. See Maintenance Checiclisi for vegetation Ponds. M,S ~ Fire hazard or See Maintenance Checklist for Ponds. See Maintenance Checklist for pollution Ponds. M ~ Vegetation not See Maintenance Checklist for Ponds. See Maintenance Checklist for growing or is Ponds. overgrown M _ I Rodent hales See Maintenance Checklist for Ponds. See Maintenance Checklist for V Ponds. M ~ Insects Ses Maintenance Checklist for Ponds. Ses Maintenance Checklist for Ponds. A Sicrage area , J Sediment A soil texture test indicates facility is Sediment is removed and/or `I buildup in not working at its designed cepabilities facility is leaned so that system or was incorrectly designed. infiltration system works according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A _ 1 Storage area A soil texture test indicates facility is Additional volume is added V drains slowly not working at its designed capabilities through excavation to provide (more than ~,8 or was incorrectly designed. needed storage. Soli is hours) or aerated and rotctiited to overflows improve drainage. Contact the City for information on its requirements regarcing exgvation. M _ 1 Sediment Any sediment and debris rilling area to Clean out sump to design V trapping area 10% of depth from sump bottom to depth. bottom of outlet pipe or obstructing flow into the connector pipe. One Time 1 J Sediment Storm water enters infiltration area Add a trapping area by ~! trapping area not directly without treatment. constructing a sump far settling present of solids. Segregate settling area from rest of facility. Contact City for guidance. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or Aohi prefer-ed) M =Monthly (see sc.7eduie) S = after motor stcrm IIIIII I 3624097 IIII Page : 12 of 24 IIIIII IIIIII IIIII IIIlillll IIIIII ©3, IIIII III 12/2004 IIII 10. 06A YELM PROPERTY OEV AGR $42.00 Thurston Co. Wa. MAINTENANCE CHECKLIST (CONTINUED) nnamcenance ~necxusr ror rencingianruooerv acreeniv~ner ~anascaorn Frequent Drainage Problem Conditions to Check Far Conditions That Should y System I Exist Feature M _ 1 Unruly Shrubbery is growing out of conVOf or is Shrubbery is trimmed and V vege*.atian infested with weeds. weeded to provide appealing aesthetics. Do not use chemicals to conVol weeds. If you are unsure whether a problem exists, please contact the jurisdiction and ask for teGtini~l assistance. Comments: Illbl VIII nlNl VIII III IIIIIIIIIIIIIIIIIIIIIIIIIIII 06g40ooa~o:o A AGR $42.00 Thurston Co. Wa. MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditc;~es. and Swales) Frequent Drainage Problem Conditions to C`ecic For Conditions That Should Exist y System 1' Feature v M,S Open ditches _ I Trash 8 debris Dumping of yard wastes suc~ as grss Remove trash and debris. ~1 c:ippings and branches into basin. Unsightly accumulation of non-degrdable materials such as glass, plastic, meal, foam and coated paper. M _ 1 Sediment Accumulated sediment that exceeds 20°0 of Ditch Leaned of all sediment V buildup the design depth. and debris so that is matches design. M _ 1 Erosion See Ponds Checklist Ses Ponds Checklist. ~! damage to slopes A _ 1 Rock lining Maintenance person can see native soil Replace rocks to design V out of place or beneath the rock lining. standard. missing (if applicable) Varies Catch basins _ 1 ~ 1 See Catch Basins Checklist See Catch Basins Checklist M,S Swales _ 1 Y Trash & debris See above for Ditches. Ses above for Ditches. M _ I Sediment See above for Ditches. Vegetation may need to be ~1 buildup replanted after Leaning. M _ I Vegetation not Grass cover is sparse and wesdy or areas Aerate soils and resesd and V growing or are overgrown with woody vegetctien. mulch bare areas. Maintain overgrown grss height at a minimum of 6 inches for best storm water treatment Remove woody growth, recontour, and resesd as necessary. M,S „ J Erosion See Ponds Checklist Ses Ponds Checklist V damage to slopes M „ I Conversion by Swale has been filled in or blocked by shed, If possible, speak with V home-0wner woodpile, shrubbery, etc. homeowner and request that to Swale area be restored. incompatible Contact City to report use problem if not rectified voluntarily. A _ 1 Swale does Water stands in Swale or flow velocty is very A survey map may be V not drain slow. Stagnation occurs. nesded to check grades. Grades need to be in 1-5% rnge if possible. If grade is less than 1%, underdrains may need to be installed. If you are unsure whether a problem exists, please contact the jurisdiction and ask for tectnical assistance. Comments: i~ev A =Annual (March cr Aoni preferrea) M =Monthly (see scnedule) S =After major storm IIII III ~IIIII III IIII ~3~/g 2!020©4 010:06 III Iilll Iillll (IIII IIII IIIII III III YELM PROPERTY DEV AGR $42.00 Thurston Co. Wa. MAINTENANCE CHECKLIST (CONTINUED) Maintenance Checfciist for Grounds (Landscaping) Frequen Drainage Problem Conditions to Check For Coneitions That Shcuic Exist cy Sys:em I I Feature M Genert _ 1 Weeds Weeds growing in more than 20% of the Weeds present in less ;hen ~',a of the V (nonpoisono landscaped area (trees and shrubs only). landscaped area. us) M _ 1 Safety Any presence of poison ivy or other No poisonous vegetation or inset: nests hazard poisonous vegetation or insect nests. present in lands~ped area. M.S _ 1 Trash or See Ponds Checiclist_ See Ponds Checklist. I V litter M,S _ 1 Erosion of Noticeable rills are seen in landscaped Causes of erosion are identifies and steps V ground areas. taken to slow down/spread out the water_ surface Eroded areas are filled, contoured, and seeded. A Trees and _ I ~ Damage Limbs or parts of trees or shrubs that are Trim treelshrubs to restore shape. Replace shrubs V split or broken which affect more than trees/shrubs wiifi severe damage. 25% or the total foliage of the tree or shrub. M _ II ~ Trees or shrubs that have been blown Replant tree, inspecting far injury to stem or 1 down or knocked aver. roots. Replace if severety damaged. A _ I Trees or shrubs which are not adequately Place stakes and rubber~oated ties around V supported or are leaning over, causing young trees/shrubs for support exposure of the roots. If 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 (see schedule) S =After major storm II IIIIII III IIII 03G/92 102004 010:0 R IIII VIII IIII VIII IIIIII I Ilillllllllll YELM PROPERTY DEV AGR $42.00 Thurston Co. Wa. ATTACHMENT "B" r:\forms\d rainage\appendk.97 111111 INII IIVII IINI IIM alll IIIIIIVINIVINInN 3624097 Page: 16 of 24 03/12/2004 10:068 Thurston Co. Wa. BMPs for Description of Pollutant Sources: Landscaping can include grading, soil Landscaping transfer, vegetation removal, pesticide and fertilizer applications, and and Lawn/ watering. Stormwater contaminants include toxic organic compounds, Vegetation heavy metals, oils, total suspended solids, coliform bacteria, fertilizers, and Management pesticides. Lawn and vegetation management can include control of objectionable weeds, insects, mold, bacteria and other pests with chemical pesticides and is conducted commercially at commercial, industrial, and residential sites. Examples include weed control on golf course lawns, access roads, and utility corridors and during landscaping; sap stain and insect control on lumber and logs; rooftop moss removal; killing nuisance rodents; fungicide application to patio decks, and residential lawn/plant care. Toxic pesticides such as pentachlorophenol, carbamates, and organometallics can be released to the environment by leaching and dripping from treated parts, container leaks, product misuse, and outside storage of pesticide contaminated materials and equipment. Poor management of the vegetation and poor application of pesticides or fertilizers can cause appreciable stormwater contamination. Pollutant Control Approach: Control of fertilizer and pesticide applications, soil erosion, and site debris to prevent contamination of stormwater. Develop and implement an Integrated Pest Management Plan (IPM) and use pesticides only as a last resort. If pesticides/herbicides are used they must be carefully applied in accordance with label instructions on U.S. Environmental Protection Agency (EPA) registered materials. Maintain appropriate vegetation, with proper fertilizer application where practicable, to control erosion and the discharge of stormwater pollutants. Where practicable grow plant species appropriate for the site, or adjust the soil properties of the subject site to grow desired plant species. Applicable Operational BMPs for Landscaping: • Install engineered soil/landscape systems to improve the infiltration and regulation of stormwater in landscaped areas. • Do not dispose of collected vegetation into waterways or storm drainage systems. Recommended Additional Operational BMPs for Landscaping: • Conduct mulch-mowing whenever practicable • Dispose of grass clippings, leaves, sticks, or other collected vegetation, by composting, if feasible. INIII IIIII INIII INII IIII Illb IIIINI III II~II III IIII 3624097 Page: 17 of 24 03!1212004 10:06R Thurston Co. Wa. August 2001 Volume IV - • Use mulch or other erosion control measures when soils are exposed for more than one week during the dry season or two days during the rainy season. • If oil or other chemicals are handled, store and maintain appropriate oil and chemical spill cleanup materials in readily accessible locations. Ensure that employees are familiar with proper spill cleanup procedures. • Till fertilizers into the soil rather than dumping or broadcasting onto the surface. Determine the proper fertilizer application for the types of soil and vegetation encountered. • Till a topsoil mix or composted organic material into the soil to create a well-mixed transition layer that encourages deeper root systems and drought-resistant plants. • Use manual and/or mechanical methods of vegetation removal rather than applying herbicides, where practical. Applicable Operational BMPs for the Use of Pesticides: • Develop and implement an IPM (See section on IPM at end of BMP) and use pesticides only as a last resort. Implement apesticide-use plan and include at a minimum: a list of selected pesticides and their specific uses; brands, formulations, application methods and quantities to be used; equipment use and maintenance procedures; safety, storage, and disposal methods; and monitoring, record keeping, and public notice procedures. All procedures shall conform to the requirements of Chapter 17.21 RCW and Chapter 16-228 WAC (Appendix IV-D R.7). Choose the least toxic pesticide available that is capable of reducing the infestation to acceptable levels. The pesticide should readily degrade in the environment and/or have properties that strongly bind it to the soil. Any pest control used should be conducted at the life stage when the pest is most vulnerable. For example, if it is necessary to use a Bacillus thurin ieg ns is application to control tent caterpillars, it must be applied before the caterpillars cocoon or it will be ineffective. Any method used should be site-specific and not used wholesale over a wide area. • Apply the pesticide according to label directions. Under no conditions shall pesticides be applied in quantities that exceed manufacturer's instructions. • Mix the pesticides and clean the application equipment in an area where accidental spills will not enter surface or ground waters, and will not contaminate the soil. 2-24 Volume IV iiNii iini iiuii iiin uii i~ ii~uNi~iiiiuhiuii 3624097 Page: 18 of 24 03112!2004 10:068 Thurston Co. Wa. Store pesticides in enclosed areas or in covered impervious containment. Ensure that pesticide contaminated stormwater or spills/leaks of pesticides are not discharged to storm drains. Do not hose down the paved areas to a storm drain or conveyance ditch. Store and maintain appropriate spill cleanup materials in a location known to all near the storage area. • Clean up any spilled pesticides and ensure that the pesticide contaminated waste materials are kept in designated covered and contained areas. • The pesticide application equipment must be capable of immediate shutoff in the event of an emergency. • Do not spray pesticides within 100 feet of open waters including wetlands, ponds, and streams, sloughs and any drainage ditch or channel that leads to open water except when approved by Ecology or the local jurisdiction. All sensitive areas including wells, creeks and wetlands must be flagged prior to spraying. • As required by the local government or by Ecology, complete public posting of the area to be sprayed prior to the application. • Spray applications should only be conducted during weather conditions as specified in the label direction and applicable local and state regulations. Do not apply during rain or immediately before expected rain. Recommended Additional Operational BMPs for the use of pesticides: • Consider alternatives to the use of pesticides such as covering or harvesting weeds, substitute vegetative growth, and manual weed controUmoss removal. Consider the use of soil amendments, such as compost, that are known to control some common diseases in plants, such as Pythium root rot, ashy stem blight, and parasitic nematodes. The following are three possible mechanisms for disease control by compost addition (USEPA Publication 530-F-9-044): 1. Successful competition for nutrients by antibiotic production; 2. Successful predation against pathogens by beneficial microorganism; and 3. Activation ofdisease-resistant genes in plants by composts Installing an amended soil/landscape system can preserve both the plant system and the soil system more effectively. This type of approach provides asoil/landscape system with adequate depth, permeability, and organic matter to sustain itself and continue working as an effective stormwater infiltration system and a sustainable nutrient cycle. August 2001 Volume IV - h~l YIII MINI VIII IVI IIMI Nlhll III INIII IN INI 3624097 Page: 19 of 24 031121204 1~:06A Thurston Co. Wa. • Once a pesticide is applied, its effectiveness should be evaluated for possible improvement. Records should be kept showing the applicability and inapplicability ofthe pesticides considered. • An annual evaluation procedure should be developed including a review of the effectiveness of pesticide applications, impact on buffers and sensitive areas (including potable wells), public concerns, and recent toxicological information on pesticides used/proposed for use. If individual or public potable wells are located in the proximity of commercial pesticide applications contact the regional Ecology hydrogeologist to determine if additional pesticide application control measures are necessary. • Rinseate from equipment cleaning and/or triple-rinsing of pesticide containers should be used as product or recycled into product. • The application equipment used should be capable of immediate shutoff in the event of an emergency. For more information, contact the WSUExtension Home Assist Program, (253) 445-4556, or Bio-Integral Resource Center (BIRO), P.O. Box 7414, Berkeley, CA.94707, or the Washington Department of Ecology to obtain "Hazardous Waste Pesticides " (Publication #89-41); and/or EPA to obtain a publication entitled "Suspended, Canceled and Restricted Pesticides "which lists all restricted pesticides and the specific uses that are allowed. Valuable information from these sources may also be available on the Internet. Applicable Operational BMPs for Vegetation Management: Use at least an eight-inch "topsoil" layer with at least 8 percent organic matter to provide a sufficient vegetation-growing medium. Amending existing landscapes and turf systems by increasing the percent organic matter and depth of topsoil can substantially improve the permeability of the soil, the disease and drought resistance of the vegetation, and reduce fertilizer demand. This reduces the demand for fertilizers, herbicides, and pesticides. Organic matter is the least water-soluble form of nutrients that can be added to the soil. Composted organic matter generally releases only between 2 and 10 percent of its total nitrogen annually, and this release corresponds closely to the plant growth cycle. If natural plant debris and mulch are returned to the soil, this system can continue recycling nutrients indefinitely. Select the appropriate turfgrass mixture for your climate and soil type. Certain tall fescues and rye grasses resist insect attack because the symbiotic endophytic fungi found naturally in their tissues repel or kill common leaf and stem-eating lawn insects. They do not, however, repel root-feeding lawn pests such as Crane Fly larvae, and are toxic to ruminants such as cattle and sheep. The fungus causes no known 2-26 Volume IV - I VIII) VIII IIIIII IIII) IIII VIII IIIIII) III IIIIIII I) IIII o 6ge 0 o a ~ o : o A YELM PROPERTY DEY AGR $42.00 Thurston Co. Wa. adverse effects to the host plant or to humans. Endophytic grasses are commercially available and can be used in areas such as parks or golf courses where grazing does not occur. The local Cooperative Extension office can offer advice on which types of grass are best suited to the area and soil type. Use the following seeding and planting BMPs, or equivalent BMPs to obtain information on grass mixtures, temporary and permanent seeding procedures, maintenance of a recently planted area, and fertilizer application rates: Temporary Seeding, Mulching and Matting, Clear Plastic Covering, Permanent Seeding and Planting, and Sodding as described in Volume II). Selection of desired plant species can be made by adjusting the soil properties of the subject site. For example, a constructed wetland can be designed to resist the invasion of reed canary grass by layering specific strata of organic matters (e.g., compost forest product residuals) and creating a mildly acidic pH and carbon-rich soil medium. Consult a soil restoration specialist for site-specific conditions. • Aerate lawns regularly in areas of heavy use where the soil tends to become compacted. Aeration should be conducted while the grasses in the lawn are growing most vigorously. Remove layers of thatch greater than 3/4-inch deep. Mowing is astress-creating activity for turfgrass. When grass is mowed too short its productivity is decreased and there is less growth of roots and rhizomes. The turf becomes less tolerant of environmental stresses, more disease prone and more reliant on outside means such as pesticides, fertilizers and irrigation to remain healthy. Set the mowing height at the highest acceptable level and mow at times and intervals designed to minimize stress on the turf. Generally mowing only 1/3 of the grass blade height will prevent stressing the turf. Irrigation: The depth from which a plant normally extracts water depends on the rooting depth of the plant. Appropriately irrigated lawn grasses normally root in the top 6 to 12 inches of soil; lawns irrigated on a daily basis o$en root only in the top 1 inch of soil. Improper irrigation can encourage pest problems, leach nutrients, and make a lawn completely dependent on artificial watering. The amount of water applied depends on the normal rooting depth of the turfgrass species used, the available water holding capacity of the soil, and the efficiency of the irrigation system. Consult with the local water utility, Conservation District, or Cooperative Extension office to help determine optimum irrigation practices. August 2001 Volume IV iinii iiNi iiuii ilia mi iii iimaiuiiii~uiim 3624097 Page: 21 of 24 03!12/2004 10:068 Thurston Co. Wa. Fertilizer Management: Turfgrass is most responsive to nitrogen fertilization, followed by potassium and phosphorus. Fertilization needs vary by site depending on plant, soil and climatic conditions. Evaluation of soil nutrient levels through regular testing ensures the best possible efficiency and economy of fertilization. For details on soils testing, contact the local Conservation District or Cooperative Extension Service. Fertilizers should be applied in amounts appropriate for the target vegetation and at the time of year that minimizes losses to surface and ground waters. Do not fertilize during a drought or when the soil is dry. Alternatively, do not apply fertilizers within three days prior to predicted rainfall. The longer the period between fertilizer application and either rainfall or irrigation, the less fertilizer runoff occurs. ~ Use slow release fertilizers such as methylene urea, IDBU, or resin coated fertilizers when appropriate, generally in the spring. Use of slow release fertilizers is especially important in areas with sandy or gravelly soils. • Time the fertilizer application to periods of maximum plant uptake. Generally fall and spring applications are recommended, although WSU turf specialists recommend four fertilizer applications per year. • Properly trained persons should apply all fertilizers. At commercial and industrial facilities fertilizers should not be applied to grass swales, filter strips, or buffer areas that drain to sensitive water bodies unless approved by the local jurisdiction. Integrated Pest Management An IPM program might consist of the following steps: Step 1: Correctly identify problem pests and understand their life cycle Step 2: Establish tolerance thresholds for pests. Step 3: Monitor to detect and prevent pest problems. Step 4: Modify the maintenance program to promote healthy plants and discourage pests. Step 5: Use cultural, physical, mechanical, or biological controls first if pests exceed the tolerance thresholds. Step 6: Evaluate and record the effectiveness of the control and modify maintenance practices to support lawn or landscape recovery and prevent recurrence. For an elaboration of these steps refer to Appendix IV-F. 111111 SIN IIIIN nlll INI VIII I~IIII III IIVNI II INI 3624097 Page: 22 of 24 03/12!2004 10 06R Thurston Co. Wa. 2-28 Volume IV - S BMPs for Description of Pollutant Sources: Facilities include roadside catch Maintenance of basins on arterials and within residential areas, conveyance systems, Stormwater detention facilities such as ponds and vaults, oil and water separators, Drainage and biofilters, settling basins, infiltration systems, and all other types of Treatment stormwater treatment systems presented in Volume V. Roadside catch Systems basins can remove from 5 to 15 percent of the pollutants present in stormwater. When catch basins are about 60 percent full of sediment, they cease removing sediments. Oil and grease, hydrocarbons, debris, heavy metals, sediments and contaminated water are found in catch basins, oil and water separators, settling basins, etc. Pollutant Control Approach: Provide maintenance and cleaning of debris, sediments, and oil from stormwater collection, conveyance, and treatment systems to obtain proper operation. Applicable Operational BMPs: Maintain Stormwater treatment facilities according to the O & M procedures presented in Section 4.6 of Volume V in addition to the following BMPs: • Inspect and clean treatment BMPs, conveyance systems, and catch basins as needed, and determine whether improvements in O & M are needed. • Promptly repair any deterioration threatening the structural integrity of the facilities. These include replacement of clean-out gates, catch basin lids, and rock in emergency spillways. • Ensure that storm sewer capacities are not exceeded and that heavy sediment discharges to the sewer system are prevented. • Regularly remove debris and sludge from BMPs used for peak-rate control, treatment, etc. and discharge to a sanitary sewer if approved by the sewer authority, or truck to a local or state government approved disposal site. • Clean catch basins when the depth of deposits reaches 60 percent of the sump depth as measured from the bottom of basin to the invert of the lowest pipe into or out of the basin. However, in no case should there be less than six inches clearance from the debris surface to the invert of the lowest pipe. Some catch basins (for example, WSDOT Type 1 L basins) may have as little as 12 inches sediment storage below the invert. These catch basins will need more frequent inspection and cleaning to prevent scouring. Where these catch basins are part of a Stormwater collection and treatment system, the system owner/operator may choose to concentrate maintenance efforts on downstream control devices as part of a systems approach. 2-40 IIIIIII 3624097 Volume 1 ~ IIIIII Page : 23 of 24 IIIIIII IIIIIII IIIIII IIIIII IIIIIII 0 IIIIII 3/12/ III 2004 1 YELM PROPERTY DEV o.o6A AGR $42.00 Thurston Co. Wa. • Clean woody debris in a catch basin as frequently as needed to ensure proper operation of the catchbasin. • Post warning signs; "Dump No Waste -Drains to Ground Water," "Streams," "Lakes," or emboss on or adjacent to all storm drain inlets where practical. • Disposal of sediments and liquids from the catch basins must comply with "Recommendations for Management of Street Wastes" described in Appendix N-G of this volume. Additional Applicable BMPs: Select additional applicable BMPs from this chapter depending on the pollutant sources and activities conducted at the facility. Those BMPs include: • BMPs for Soil Erosion and Sediment Control at Industrial Sites • BMPs for Storage of Liquid, Food Waste, or Dangerous Waste Containers • BMPs for Spills of Oil and Hazardous Substances • BMPs for Illicit Connections to Storm Drains • BMPs for Urban Streets. August 2001 Volume lV - ~ I IIIIII IIII P 69 40 24 o f 24 I IIIIII II IIIIIIIII Iillllilll III illllll 103/12/200 I IIII 4 10.06 a YELM PROPERTY DEV AGR $42.00 Thurston c~ ~.~~ .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, & Restrictions of Willow Glenn 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dennis M. Balascio, Yelm Property Development, L.L.C. 2. Willow Glenn Phase II Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the SE '/a, of Section 19, Township 17 N, Range 2 E., W.M., and a portion of the NW '/4 of the S W '/4 of Section 20, Township 17 N, Range 2E, WM, being a portion of Block 35 of McKenna Irrigated Tracts. Assessor's Property Tax ParceVAccount Number: 64303500400, 64303500300, and 84070200000 I IIIIII P6g 4096of 3z VIII IIIIII Ilill IIII 1111111 IIIIII VIII VIII 03J1 I IIII 2120 YELM PROPERTY DEV 04 10.068 COV $50.00 Thurston Co. Wa. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WILLOW GLENN, PHASE II The undersigned, Yelm Property Development, LLC, a Washington limited liability company, whose managing member currently is Dennis M. Balascio, hereinafter Declarant, being the owner of all the following described real property in Thurston County, Washington: Legal Description: A portion of the NEl/4 of the SE1/4 of Sec. 19, Twn 17 N., 2 E., W.M. and a portion of the NW 1 /4 of the SW 1 /4 of Sec. 20, Twn. 17 N., R 2 E., W.M. Being a portion of Block 35 of McKenna Irrigated Tracts, vol. 9, Pg. 43 & 44. In order to provide for the sound development, the aesthetic quality and the healthful condition of the aforesaid property and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and so provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for their successors, heirs and assigns and agree to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the afore described real property, and which shall be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used, occupied and developed in conformance with the covenants, conditions and restriction set forth herein. ARTICELE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporations and Bylaws of the Association, certain words and phrases have particular meanings which aze as follows: 1. "ACC" shall mean the Architectural Control Committee, as described herein. 2. "Articles" shall mean the Association's articles of incorporation and amendments. 3. "Association" shall mean the Willow Glenn Homeowners, Phase II, formed as a nonprofit corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Boazd of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to tracts A & B as delineated on Willow Glenn, Phase II. They shall also mean the property both real and IIIIIII P6g 40z6of 3z VIII (IIIIIII VIII IIII IIIIIII VIII VIII VIII 3,1 IIII 2/200 YELM PROPERTY DEV 4 ~0.06R COV $50.00 Thurston Co. Wa, personal in which the Association has been granted an ownership interest, easement or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions, and any amendments thereto. 8. "Developer-Declarant" The Developer and Declarant shall mean Yelm Property Development, LCC, a Washington limited liability company, however, developer shall also include any entity which purchases multiple lots from Yelm Property Development LCC for the purposes of constructing residences thereon. Until such time as Yetm Property Devetoprnent, LLC or any other entity purchasing multiple lots has sold all the lots by that parry then such party shall jointly exercise alt rights reserved to the declarant as set forth in this declaration. At any time a.s such party has sold or conveyed all'the lots held by that entity, then that gamy shalt no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100 percent of the lots have been sold by the developer or any shorter period of time as determn~ed 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 tots are insured through the Federal Housing Administration (FHA), the Veterans' 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 ?5°/a of alt the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the buildinb occupying a lot. 11. '`Institutional First Mortgagee" or "mortgabee" shalt mean a bank or savings and loan association or established mortgage company. or other entity chartered under Federal or State laws, and corporation or insurance company or state. or federa} agency which holds a first note or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Willow Glenn. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shat! mean a mortgage or deed of trust encumbering a lot or other portion of the Properties. 3624096 IIII page . 3 of 32 IIII 03 / 1212004 10 06R III I II IIII IIII IIIII III III a. 111111 . W IIII Co III on IIIII rs4, III Thu I 00 COY $50. YELM PROPERTY DEV 15. "Owner" shall mean the recorded Owner of a Lot whether one or more persons or entities, but excluding those having such interests 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 lot 23 through 68 of Willow Glenn, Phase II, and such other additional real property as may be brought within the jurisdiction of the Association by amendment. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an OWN 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 shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarants' discretion and may assign responsibilities, privileges and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarants' discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such times as the Declarant has sold and conveyed all lots, then the Declarant, or its members, may resign as a director of the Association and form any other committee for the duration of the development. At such time as the Declarant has sold and conveyed all lots, then any Developer as defined in the 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 Developers management authority, the Association shall have the authority and obligation to age and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Associations 3 IIIIIII P 6g 40960 f 32 IIII IIIIII I IIIIIII IIIIIII IIIiI IIII III 03 / IIIIIII 12/2 III 004 t 0.068 YELM PROPERTY DEV COV $50.00 Thurston Co. Wa, 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 asdescribed 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 fiznction by the Board of Directors or the Developer. Section Five• Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarer has resigned as a director of the association, then the Developer, in accordance with the bylaws, shall conduct by mail, an election of a boazd of Directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, bylaws and this Declaaation. However, in the alternative, not less than ten (10) nor more than thirty (30) days prior t the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the bylaws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, bylaws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity that 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 Declaaation, 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 Declaaation, or the Articles or Bylaws of the Association. Member's votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: Conveyance of Common Areas: Upon recording of this Declaration, the Declazant does convey and transfer all of its right, title and interest in and to Tracts A and B as shown on the plat of Willow Glenn, Phase II, to the Willow Glenn Homeowners Assn., P. II. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the ~ 3624096 VIII IIII VIII IIIIIII III VIII IIII IIII 03!91212004 f 0:068 IIIliilllilllllill YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. development, at which time this reservation shall cease and then be of no further force and effect. These tracts and any other real properties and improvements which aze described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this declaration. Section Two• Pro~ert._,y rig.,hts in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common azeas, including the maintenance of the storm water system The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the bylaws of the Association. ATRTICLE SIX; MAINTENANCE AND COMMON EXPENSES Section One• Standard of Maintenance-Common areas The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices and in compliance with all applicable codes and regulations. Together with all easements, the Common Areas include but are not limited to the following. A. Tract A and B are open space/storm water retention tracts described in and shown on the Plat of Willow Glenn, Phase II. B. All easements which have been established for the benefit of lot owners or the Association, or which my be delineated on the plat of Willow Glenn, Phase II; such easements aze reserved for the benefit of all lot owners as well as easements that are reserved for the benefit of the Association for the purpose of the installation, maintenance and repairing of any improvements of any other installations constructed within said easements 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 this 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 (34) days of the notice, the Association shall have the right t0 provide such maintenance, IIIIIIIIIillll P6ge:066of 32 IIIIIIIIIIII 0311 IilIIIIIIIIIIIIII 212004 10 O6A IIIIIIIiIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. and to levy an assessment against the nan-performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in the 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 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 Expense. The Association shall perform such work as is necessary to carry out the duties described in this Declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot owners and shall be referred to as common Expenses. The common Expenses shall be paid by the Association ~from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the common Areas; 2. The cost of maintaining all required insurance coverage and fidelity bonds on any common Areas, and far directors and officers of the Association and the ACC; 3. The cost of maintaining, repairing and replacing ail Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalk and the curb of any roadway within the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries which are adjacent to residential lvts, including but not limited to the storm water facilities and the storm water facility easement. 4. The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an Agreement to be executed between the City of Yelm and the Declarant. _____ I IIII 3624096 IIIIII III VIII III 031912!2004 { 0 06A Illiillllilllllilll Ilillllllllill YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. 5. Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five• Sanctions for Failure to Maintain. In the event the Association or its successors, in the j udgement of the City of Yelm, .fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (3d) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelrn will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by taw from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Piat of Willow Glenn for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. section Six• Extraordinary Use Expenses. In the event that one or more lot owners should, by their use of the common areas, cause it to be subjected to other than reasonable wear and tear, or by their actions damage those common areas or any improvements located thereon or therein, then the 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 alt expenses therefore shall be paid by such individual. Section Seven• Owners' Easements of Enioyment. Each owner shall have aright in an easement of enjoyment in and to the common areas which shall be appurtenant to and shall pass with.title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot, subject to the following provisions: A. The right of the -Declarant or the Association to establish use and operation standards for ail common areas, to be binding upon all Association Member along with enforcement standards. B. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer a!1 or any part of the common areas to any public agency, authority or entity 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 tots, and has been recorded. 3624096 IIII IIII IIII 031y12 i 2004 f 0 : 06R VIII III I iilllllll Illiilll VIII IIII IIII IIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. C. Any owner may delegate their right of enjoyment to the common azeas and facilities to the members of their family, their tenants, or their buests, subject to the limitations set forth above. Section Ei t_ Insurance. Nothing shat! 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 shalt be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine Alteration of Common Areas and Common Ma' tenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance areas or common area except upon prior written consent of the board. There shall be no construction of any kindwithin 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 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 areas or any common maintenance area, which Declarant in Declarant's sole discretion, deems for the benefit and enhancement of said areas and the Association in general. "ection Ten i~urnpin- in Col==.:=on e,.P~e ['nmmon Maintenance teas or Wetland and Buffer Areas. No trash. construction debns, or waste, plant or s cli in or other debris of any kind, nor any hazardous waste. (as defined $~ pp ~ de sited or laced on in Federal, state or local law regulation) shall be dumped, Po P 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 Eleven Landscavina and Fencing. No permanent structures or landscaping of any kind, including fences, waits or shrubs, may be 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 of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in the Declaration. Also, this prohibition shall 111111IIIM Illlh VIII IVI Illq 1111111 III IIAI IIII IIII 3624096 Page: 9 of 32 03!1212004 10:06A Thurston Co. Wa. not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Twelve: Manauement. Each owner expressly covenants that the Declarant (during the development period) and the board thereafter, may delegate alt 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 may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed on 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. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. (a) Declarant, 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 on the Loi against which each such assessment is made. The Association, in like manner as Mortgage of real property, may foreclose such lien. (c) Each assessment, together with interest, costs, and reasonable attorney's fees, steal! 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-interest unless expressly assumed by them. The new Owner shalt be personally liable for assessments that become due on and after the date of sale or transfer. (d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively far 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 3624096 IIIII p392.12004010 06R IIIIII IIII IIII (IIII IIIIII 1111111 IIIIII IIIII Wa. IIIIII Co. I ston YELM PROPERTY DEY COV $50.00 Thur insurance premiums on the common areas, and for the maintenance of other azeas as provided for in this Declazation. Section Three• Board to Fix Annual or Regular 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 regulaz 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, the assessment established for the annual or regular assessment of the prior year shall automatically be continued until such time as the Boazd acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. 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• Special Assessments for Capital Improvements. In addition to the annual or regular assessments authorized above, the Association may levy in any assessment yeaz, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon the Common Area, including the necessary fixtures and personal property related thereto. Any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment: Both annual and regular and special assessments shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall be $250.00 for each lot so acquired at time of closing of the purchase of said Lot; that amount shall be paid to, and held by, the Association to pay for association expenses under the terms of this Declaration. This initial assessment shall be in addition to the annual assessment or any pro rated portion thereof which may be assessed pursuant to Section Seven. Section Seven: Annual Assessme~rt. The annual assessment shall be $120.00 per lot commencing on January 1, 2003. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said annual assessment shall be due on or before January 30~' of each year in which the assessment is made. The above referenced annual assessment, and all subsequent annual assessments, shall be paid to the 10 3624096 III IIII 03l~12.l2004 010.06 IIIIII Iilllll Illilll IIIII IIIIII 1111111 iilllll III YELM PROPERTY DEV COV $50.0@ Thurston Co. Wa~ Homeowners' Association who shaft then pay for the expenses of the Association as required under the terms of this Declaration. in the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchase from the Declarant shalt 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. Section Eitzht: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable chazge may be made for the issuance of the certificate. Such certificates shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to 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 approval oftwo-thirds of the Members. Section Ten: Fines,~'reated as S e~eial 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 the Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal O_ blis~ation. 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 alt the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shat l 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. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o3G/ge10o2 00:o A YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. Section Two: Deiin,~uency. 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 (l2%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any payment mare than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such 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• Susaension of Votive Rit?ltts: 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 alt 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 necessary, 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. ART[CLE N[NE: BUILDING USE AND ARCHITECTURAL RESTRICTIONS Section One• AaQointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all the lots held in the name of the Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Willow Glenn. During this period the Declarant reserves the right to appoint a majority of the members of the ACC and each developer has the right to appoint one member to the ACC. All decisions of the majority of the members of the ACG shall be final and binding. At the expiration of the time period in which the declarant and l3 3624096 II III IIII 03 812.12004 0 0 : 06R IIIIIIIIII IIIIIIIIII IIIIIIIIII Ililllilllli IIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. the developer have the right to appoint members to the ACC, then the Board of the Association shall appoint up to three members of the ACC. If any member of the ACC resigns and no replacement assumes that office, then the Board shall act as the ACC until members of the ACC are appointed or take office. Section Two• Authorily of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided fore the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, ad all the authority granted to the ACC by this Declaration. Section Three• Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers or functions described in this Article to any person, firnt or corporation. Section Four: Aoploval by ACG Required. Except as to construction, alteration or improvements performed by the Developer, 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 landscaping 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 etTect upon surrounding structures and topography. Further, no fences, hedges or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color chances, additions or alternations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the owner of its action for a period of thirty (30) days following the slate of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the tack of written approval by the AGC 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 Board by written notice to the Members. ____ 13624096 VIII III IIIIII III III 03fy12l20 4010:0 R IIIIIIillllillllll Illiltlllillllll YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. Section Six: Guidelines. The ACC may adapt and amend, subject to approval by the Board, written guidelines to be applied in its review of plant and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions coveting Real.Property. if such guidelines are adapted, they shall be available to all interested parties upon request. Section Seven: Meetinss. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to the Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eieht• No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of these covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person far any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. section irteen: ees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourtgen• Temporary Structure Prohi ited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a '~ i 3624096 II page. 15 of 32 I 03!1212004 10 06A I III I II III III II III II IIIII III I IIIII IIII a. III W II o. II C IIII on III t COY $50.00 Thurs YELM PROPERTY DEV temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. ~ectian Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained.. Tf the ACC shall determine that a thing or use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter b4.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACG or described in the Declaration to constitute a nuisance. Section Sixteen: Building Tvoe: No structures of any kind shall be erected or permitted to be maintained on any tot other than single family residences, garages, workshops and structures normally accessory to such residences which have been approved in accordance with the provisions of'the Declaration. No carports will be allowed and all garages must have doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically prohibited. A two car or a three car garage is permitted and shall be incorporated in or made part of the dwelling house. No detached garages shall be permitted except with express written approval by the ACC or the Declarant if the same. is erected during the development period. Section Seventeen: Use of Lots. All Lots within the Property shall be used solely for private single-family residential purposes and not far business purpases, provided, however, that within 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, bui not obligated, to grant such approvai and such approval may only be granted, in the sole discretion of the Board 1F 1) all applicable governmental zoning and land use classifications tawfully 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 wilt be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday through Friday AND, 4) no mare than (4) children, in addition to those of the Owner's immediate family, 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, restrict 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, b) the owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless fiom any and alt liability and causes of action of whatever kind arising by virtue of the Owner's operation of such a day caze business AND 7), the Owners} 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 that .- I IIIIII VIII VIII P6ge:096 of 32 VIII IIII VIII II 03/12/2 VIII III IIIIII III 00410.068 IIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. $1,000,000.00 naming; the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND S) 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 with the Declaration, as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or an interest in such business operation to the extent permission to operate such a day care business is authorized. Section Eiehteen: Limitation on ~imals: No animals, except dogs, cats, caged birds, fish in tanks and other small household pets will be permitted oa Lots. Dogs shall not be allowed to nin 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--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other Residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development per'sod, or the Board thereafter, wilt give the Owner ten (I0) 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 n fine of $25 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a Lien on the Lot of the fine owed. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. section Nineleen• Tree 1-~e~~zht. No tree shall be allowed to grow to more than 25' above the adjacent ground unless the Conunittee determines that the increased height wouid not have a material adverse effect on the view from other lots. The Association shall specitically have the right to trim offending trees at the owner's expense after reasonable notice. ~Sgclion Twg~pty Unsi~ehtly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitations, laundry hanging or exposed in view far drying;, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, battles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shalt be placed on IIIIII VIII IIIIII VIII IIII VIII IIIIIII III IIIIII III I i o3Gl9z 0 00 ~ o o A II YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. the exterior walls of any housing Unit unless prior written approval shall have been obtained from the ACC. Section Twenty-One• Anten~-as Satellite Recevtion. 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 dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval by the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line or nearer to the side street than the minimum building setback tines adopted by the City of Yelm. Section Twenty-Three: Roofs. Roofs on all buildings must be finished with materials approved by the ACC or its authorized representatives. c-ction Twenty-Four: Fences. Walls. Fences, walls or shrubs are permitted onside and rear property lines, up to within the greater of (1}twenty feet of the front property line; or (2) the distance between the front tot line and the front wall (facade) of the primary residence, subject to (a) the approval of the ACC; and (b) determination ot'whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall of the primary residence. No barbwire, chain link or corrugated fiber glass fences shall be erected on any lot, except that chain link fencing for a sports facility enclosure maybe considered for approval by the ACC upon request. Atl fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenri-Five: Underground Utilities. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. section went Six• Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas which shall be hard-surfaced. Only the cars of guests and visitors may be parked on the strects. Ali other vehicles shall be parked in garages or on driveways located entirely on a Lot_ Alo storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles (now referred t,o as `'vehicles") or other equipment or devices shall be permitted in open view from any Lot or ribht of way. This provision shall not exclude parking 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 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 03GI9e1008 00:o R IIIIII II /CI M DRf1DGRTV 11CV Cf1V 4501 G1A TF,urc4.en Co _ W. 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 (mare than 24 hours) parking or storage of vehicles on the Lots, but, if stored, vehicles shall be adequately screened from the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles still visible from the right-of--way qr adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after the written permission has been obtained from the Board. Section Twenty-Seven: Si~Ttis. IVo signs, billboards or other advertising structures or devices shall be displayed to the public view on any tot except (a) signs that do not exceed three square feet in area, which may be placed on a lot to offer the property for sale or rent and (b) any entry monumentation and signage which may be installed by the Declarant. (c) Political yard signs, not more than three square feet in area, of a temporary nature (not to exceed thirty days) wil! be allowed during campaibn periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section, including but not limited to the restrictions on the number of signs and sign size limit, shall not apply to signs approved under this Declaration by the Declarant during the development period. Any signs not specifically approved by the Declarant found anywhere within Willow Glenn, the common areas or on any Lot or on adjacent rights-of--way may be promptly removed and disposed of by Declarant. No persons shat! be entitled to compensation of any kind for the signs removed by the Declarant pursuant to this section. section Twenty Eiuht• Easements fo~nforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3624096 IIIII III IIII 03 Jy1212004 0 0 : O A YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: Drainaee. The owner of any lot shall not take any action that 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. S_ ction Thirty-One• Use Dunne 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 Thirty-Two• Gazbaee 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 suitable 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 Thirty-Three: Tanks. Etc. No elevated tanks of any kind shall be erected, placed or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads or streets. Alt 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. Section Thirty-Four. Auto Repair. No major auto repair shall be permitted except within enclosed garages that are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty-Five• Exterior Finish. The exterior 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 fireplace chimneys shall be either wood or stone wrap. c~-*ion Thirty-Six• Driveways. All driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. IIIIIII VIII IIIIIIVIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIII o6ge:0o0 00:o a YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. Section Thirty-Seven• Maintenance of Structures and Grounds. Each owner shat! maintain his lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty-6itht: Firearms. The use of firearms is expressly prohibited within the plat of Willow Glenn. Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall any such vehicles be permitted to operate on any owner's lot or in the Common Areas. section Forty Damal;e Reuair. A!t owners agree to repair immediately any damage to any utilities adjacent to their lot or tots, in the event any of the utilities are cracked, broken or otherwise damaged as a result of dwelling construction activities or other activities by owner, by persons acting for owner or by persons in or around the property at the request or with the consent of the OWneT. Section Forty-One: Buildinsa Materials. All homes constructed on each lot shall be built of ne~v materials, with the exception of "decor" items such as used brick, weathered planking and similar items. The Committee wilt 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 Willow Glenn development and whether the material would add to the attractive development ofthe subdivision. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in wi#h the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior txim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shalt 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 Willow Glenn will be subject to the same approval process. Section Forty-Two' Minimum Site Residences. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less thaat two (2) cars. provided that a portion of the interior of said garage may be improved and/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 previously provided access thereto. No single structure shall be altered to provide for more than one (1) Ifllll VIII111111 VIII IIII VIII IIIIAI III IIIIAI II IIII o6ge 000 ~o:o a $50.00 Thurston Co. Wa. family. Single level type residences (residences consisting of a one-story residence or a residence consisting of a basement and one story) shall contain at least t ,100 square feet. Multi-level residences (i.e., two story or tri-levels) shall contain at least 1,200 square feet. Garages and decks may not be included when calculating square footage. Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rotes and regulations for construction. Sectio~l:orty-Four EntrX for Inspection. Any agent member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-.recited individuals shall not be guilty of trespass for such entry or inspection. Section Forty Five• Authority to Adont Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, (provided such rules and restrictions aze consistent with the purposes of the Declaration} and to establish penalties for violation of those rules and restrictions. If rules and restrictions aze adopted, they, along with the established penalties, shall be available to ail Members. upon request. S4~ion Forty-Six• ~Oforcement. The Association, or the Declarant during the Development Period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of Fines as authorized by RGW Chapter 64.3$, 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 shat} not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN: EASEMENTS 5„e~tion 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. ~~+ian Two• Easements on Exterior Lot Lines. )n addition to easements reserved on any plat of the Properties or shown by instrument or record, I IIIIII VIII IIIIII Page .022 of 32 VIIIIIIIIIIIIIIIII 03112/200410: IIIIIIIIIIIIIIIIII 06R YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. easements for utilities and drainage are reserved for the Declarant, or its assigns, over aover alive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under and on the common Areas. Within all of the easements, no structure, planting or full material shall be placed or permitted to remain which may, in the opinion of the board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC and its agents shalt 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 (l) cleaning, maintenance or repair of any home or Lot as provided in this Declaration; (2) repair, rep}acement of improvement of any Common Area accessible from that Lot; (3) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (4) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and {5) all acts necessary to enforce these Covenants. Section Four: Easement for Declarant. Declarant shall have an easement across alt Common Areas for ingress, egress, storage and placement ofequipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspection and maintenance of utilities and drain facilities as delineated on the plat for Willow Glenn. No encroachment will be placed within the easement shown on the plat that may damage or interfere with the installation, inspection and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGEE PROTECTION Section e: Mortgagees. Notwithstanding and prevaitinl; over any other provisions of the Declaration, the Association's Anicles 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 ar purchase of a Housing unit on any Lot or the improvement of any Lot. 3624096 . IIIIIII 031912.12004 X10 .0 R IIIIIII IIIIIII IIIIII IIIII IIIIIII Ilillllll IIIIIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. Section Two: lability 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 observation 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• Mortga eel; s, Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the 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 exen;ise of such rights and privileges. Section Four Acquisition gf Lot by Mort~aaee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declarant, 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 shalt 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 chazges 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 shat! 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: Mortsra~ee's Rights. Any Mortgagee shall have the right on request therefor to (a) inspect the lwoks and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within (90) days fiollowing the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend alt such meetings. 3624096 ~__. III II IIII 039 2.1204 0 0:068 IIIIIIII IIIIIIIIII IIIIIIIII IIIIIIII IIIIIIII III YELM PROPERTY DEV COV $50.00 Thurston Co. Wa• Section Eiaht Limitations of Abandonment of ommon Areas. the Association shall not, without the prior written approval of stxty-seven percent (b7%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section N}ne: Notice. Tf such notice has been requested in writing, Mortgagees shall be eatitled 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 of 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 {b0} day delinquency in the payment of assessments or charges owed by the Owner of any T-3ousing Unit on which it holds the mortgage; (e) ten (10) days' prior written notice of any tapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (fj any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Each Member hereby agn:es 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 THIRTEEN: INSURANCE Section ne: Coveraae. 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. Tt 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 mortbagee's clause and shall provide that they may not be canceled or ~~ 3624096 I II IIII p39 2.12004 c 0 : 06A IIIIII IIII III Illilll IIIIIIIII Ililllll IIIIII IIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa• substantially moditied (including Cancellation for nonpayment of premium) with out at least ten (10) days prior written notice to any and all insured named therein, including Owners and institutivnat First Mortgagees that have requested notice. Section Two: Replacement, Repair Afier 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 copdition 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 tow•thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for the reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. AlI Lot Owners shall be given written notice of the Hales and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One• Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and one 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 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 exercise any right or option contained there, or [o serve any notice or to institute any action or summary proceedings, shat! 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 and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of the Association shalt 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. 25 3624096 II IIII 03 9 2./ 2004 ~ 0 : 06R VIII IIII IIII Iilllill IIII VIII Illilll VIII Iilllll YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shalt be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken ar 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, shalt be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. Binding Effect. Alt present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of the Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and al! 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. 2. Enforcement by 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 restriction, 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. 3. Enforcement by Self-Hein. The Declarant, the ACC, the Association, or the duly appointed agent of either, may enter upon any iot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking action either by court or by ' self help, written notice shall be given to the offending low owner. Such _-- - . ~.... ~.... ,.... _...__.._._ ...y......~..._..~~K. ,.~.., _ _------- I Illill VIII IIII 3624096 II VIII IIII VIII II 031y12/2004 0 0 : 0 R IIIIIIIIIIIIIIIIII III YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. 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 any emergency, shalt not be less than 30 days. 5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen {15) days after the complaint is made and, further, should the parties not agree on _ . property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each parry shall choose one arbitrator and they, in turn shalt choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington inexistence at the time of any such arbitration. 7. Costs and Attome sy 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" shalt include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailinb 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 detendinb or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. ,~ailurg to Enforce. No delay or omission on the part of the Deelarants or the Owners of other Lots iri 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 may be unenforceable. 9. Severability. invalidation of any one of these covenants or restrictions by judgement or court order shall not at~'ect any other provisions, which shall remain in full force and effect. 3624096 ____ VIII II IIII 03/12.12004 0 0 : 0 R IIIIII IIIIIII IIIIIIIIIIII IIIIIIIIIIII IIIIIII YELM PROPERTY DEV COV $50.00 Thurston Co. Wa. 10. Interpretation. in interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development Willow Glenn. ! !.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 l0 year term by a termination agreement executed by the then owners of not less than 75% of the tots 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. 12. 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 ss of 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. 13. Method of notice. Any notice required by the Declaration or the Articles or Bylaws or the Association of the rules and regulations adapted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by Facsimile. 14. Successors and Assi;~ns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the members and the Owners. ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION Section One• Exclusive Method. This instrument may be amended, and partially or completely revoked anly as herein provided or otherwise provided by law. Section Two: Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the Lots have been sold to others than Declarant builders. That all tot owners agree to be bound by such amendment ar amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. 3624096 VIII 039 2.12004010:068 IIII III II IIII IIII VIII II Wa III VIII Co IIII ton IIII urs III Th IIII 00 III 0. COY S5 YELM PROPERTY DEV Section Three• Prior Aaaroval by FHA/HUD. Regardless of whether or not 75% of the lots have been sold to other than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veterans Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the fallowing 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. ction jour: Votintt. 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 by written ballot. Notice of any proposed amendment shall be given io all Qwners 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 a!1(nstitutional 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: Voting rights; 2. Assessments, assessment liens and suborduiation 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 fram the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; 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; '° 3624096 II page. 30 of 32 II 03112/2004 10,068 IIII II III III II III II IIII it II Wa II IIII Co III n III to I s II II ur IIII Th i it 00 COV $50. YELM PROPERTY DEV 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 or 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 that alters the Declarant's right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5, Alter the basis for assessments, or the Declarant's exemption from assessments. b. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The ~n 3624096 ` IIIII 03 9 2.12004 10 .06A IIII IIIII IIII IIII IIII IIIII illlll 111111 IIII IIIII III a. YELM PROPERTY DEV COV $50.00 Thurston Co. W Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of March, 2004. Yelm Property Development, LLC, A Washington Limited Liability Company By: Dennis M. Balascio, Manager STATE OF WASHINGTON) COUNTY OF THURSTON ss. On this day of March, 2004, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Dennis M. Balascio, to me known to be a managed member of Yelrri Property Development, LLC, a Washington Limited Liability Company that executed the foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and deed of the Limited Liability Company, 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 herein affixed the day and years first above written. Printed Name: NOTARY PUBLIC in and for the State of Washington, Residing at My commission expires: 't l I III 3624096 IIII Page: 32 of 32 it i II IIII I illll III III IIII III III III IIII II o IIII 3, III 12/2 YELM PROPERTY DEV 004 10.068 COV $50.00 Thurston Co. Wa, eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Dennis M. Balascio, Yelm Property Development, L.L.C. 2. Willow Glenn Phase II Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE'/4 of the SE'/4, of Section 19, Township 17 N, Range 2 E., W.M., and a portion of the NW '/4 of the SW '/4 of Section 20, Township 17 N, Range 2E, WM, being a portion of Block 35 of McKenna Irrigated Tracts. Assessor's Property Tax ParceUAccount Number: 64303500400, 64303500300, and 84070200000 IIIIII VIII IIIIII VIII IIII IIII IIIIIIII III VIII (III IIII o 69 z 0 004 f of o6a YELM PROPERTY DEV MISC $30.00 Thurston Co. Wa. ::; ::. :>:<::.. >;<~ '>> November 17, 2003 Skillings-Connolly, Inc. 5016 Lacey Blvd SE Lacey, WA 98503 Re: Order No.: T-3-10172781 Title Officer: Phyllis Kroger Buyer/Borrower(s): Yelm Property Development Subject Property:. , , WA ,Thurston County 16444 Middle Road, Yelm, WA 98597, Thurston County 16440 Middle Road, Yelm, WA 98597, Thurston County Order Summary Thank you for placing this order with Transnation Title Insurance Company. If you need assistance on this file, please contact: For TITLE assistance, please contact: Phyllis Kroger, Titfe Officer pkroger@Landam.com Marcy Mobley, Title Assistant mmobley@Landam.com Phone: (360) 459-2331 Fax: (360) 493-2236 If you need ESCROW assistance, please call (360) 459-8800. Additional copies have been sent to: Yelm Property Development Transnation Tidc Insurance Company 3905 ~tarWz C~'av East, Suite :1, Olympia, CAA. 98~GG Phor.c 3GU-459-3`' Cover Page IIII III VIII IIII IIII 03~/g2 102004 f 01068 111111 (IIII Ilil IIII IIII r IIIIIIIIIIII ~/H.G7 CL. ~fl YELM PROPERTY DEV MISC $30.00 Thurston Co. Wa. ISSUED BY Ti2r1.`ISNA"nCN TITi.E INSL'Re1NCc COMPANY .` ~'ra~s~;a~i~~ . // ~1 L+.vo~.,~uG+ CCys.uv'/ Gu,~~.~~rT~E SUSJECT TO THE EXCLUSIONS FROM COLERAGE, THE LIMITS OF LlABILfTY AND THE CONDiTlONS AND STIPUL ATlONS OF THlS GUARANTEE, TRANSNATION TITLE INSURANCE COMPANY, a corporation, herein called the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damace not exceedine the liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set for`~h in Schedule A. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto afnxed by its duly authorized of ccers, the Guarantee to become valid when countersigned by an authorized oFlcer or agent of the Company. TRANS NATION TITLE 1NSURANCc COMPANY Secretary C~"~. ~~~r<~r~ee . acr: ?:~r,~ (~r.v. ?Z-t°-~Sl ~a~~~~_ 1,95~j~~y o• r~ \~~,vor~f~~ a x ~r t SFIC 1{, Ittl '? l~ i Fresi~ert 3624095 IIII IIII 03 /y12./2004 f 0 : 06R III (IIII Illilllllll IIIII illllllll illlll IIIIIIII YELM PROPERTY DEV MISC $30.00 Thurston Co. Wa. ~`>::. ...: ~: :::.... ~~ :::::::...... RAN S NATL............. Yelm Property Development 16422 SE Middle Rd Yelm, WA 98597 RE: Order No.: T-3-10172781 Liability: Charge: Tax: Total: ~ 300.00 $ 300.00 ~ 25.20 $ 325.20 ,~ SUBDIVISION 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. TRANSNATION TITLE INSURANCE CONIPAN`l a corporation herein called the Company, GUARANTEES YELM PROPERTY DEVELOPMENT AND SKILLINGS-CONNOLLY, INC. the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: November iZ, 2003 BY Authorized Signature Transnation Tide Insurance Company ~90~ '~aa~dn CC'a~• E,ist, Suite A, Ob;mpia, \Z.~\ 98~OG r. _. zcn .+.Sn_'t i 9'i Phone: 3G0-4~9.,.~~" I IIIIII IIII 3624095 Suedivi3ion Guarantee IIIIIIIIIIII Page: 4 of 12 vc::z.::.~~ IIIIIIIII IIIIIiI III 03! 12 (IIIIII ! 2004 -~ IIIIII 10.0 6A YELM PROPERTY DEV MISC A30.00 Tn~~r~+.,., r., ii_ Order No.: 10172781 SCHIEi)ULE A 1. Name of Assured: Ye!m Property Development and Skillings-Connolly, Inc. 2. Date of Guarantee: November 12, 2003 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Yelm Property Development, LLC, a Washington Limited Liability Company c. The estate or interest in the land which~is covered by this Guarantee is: i A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies or assessments on land or by the public records. 2. (a) Unpatented mining claims; (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof; (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes; or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c) or (d) are shown by the public records. 3. General taxes, as follows, together with interest,. penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) _ Tax Account No.: 84070200000 Year Amount Billed Amount Paid Amount Due 2003 $1,365.67 X0.00 X1,366.67 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. (AFFECTS A PORTION OF PARCEL A) 3624095 IIII 03 g12.i 2004 f 10 : 06A IIIII ~ o f i III IIII IIIII Ililll IIIII IIIII IIII IIIII III I IIIII a . Subdrnsicr Guaran,e~ MISC $30.00 Thurston Co. W YELM PROPERTY DEV Order No.: 10172781 4. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 64303500300 Year Amount Billed Amount Paid Amount Due 2003 $ 329.56 $329.56 50.00 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOR-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 182. (AFFECTS THE REMAINDER OF PARCEL A) 5. General taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency: (1st half delinquent on May 1; 2nd half delinquent on November 1) Tax Account No.: 84070200000 Year Amount Billed Amount Paid Amount Due 2003 $ 0.00 50.00 50.00 FOR PAY-OFF INFORMATION, PLEASE CONTACT THE THURSTON COUNTY ASSESSOP.-TREASURER'S OFFICE AT (360) 786-5550. The current levy code is TCA 170. (AFFECTS PARCEL B) 6. LIABILITY FOR GENERAL TAXES, IF ANY, WHICH ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE TAX ROLLS. _ 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF PARCEL A RECORDED: JANUARY 13, 1966 RECORDING NO.: 732008 3624095 I IIII 03 /~12.! 2004 f 0:068 III Iill illl III illl IIII _ i o III I III Illilllll III r iIII ra .__ I ills ~ub~ivisicn Cum YELM PROPERTY DEV MISC $30.00 Thurston Co. Wa. Order No.: 10172781 8. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY - PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AREA AFFECTED: A PORTION OF PARCEL A RECORDED: OCTOBER 25, 1967 RECORDING NO.: 770388 9. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING N0. 8510250041. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. (AFFECTS PARCEL A) ' 10. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO'S. 3314744 AND 3314745. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. (AFFECTS PARCELS A AND B) 11. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: SEPTEMBER 21, 2000 3314747,3314748,3314749 LID/ULID/LATECOMER AGREEMENT. 12. (AFFECTS PARCELS A AND B) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JANUARY 18, 2001 RECORDING NO.: 3331850 REGARDING: L.I.D. (AFFECTS PARCEL B) IIIIIII P6ge •095of 12 VIII IIIIIII illlllli IIIIIII VIII 111111 03 Iill l,2r III 20 III 041 Suhdi~nion Guaran,ee YELM PROPERTY DEV 0.068 MISC $30.00 Thurston Co. Wa. Order No.: 10172781 13. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 2, 2001 RECORDING NO.: 3362785 REGARDING: Payment by developer to YELM COMMUNITY SCHOOLS DISTRICT N0. 2 in order to mitigate the impact on the school district of additional students which will be generated by the subdivision described herein. Thurston County will not issue a building permit for any lot without proof of payment of the sums required under said agreement. (AFFECTS PARCEL B) 14. Covenants, conditions and restrictions imposed by instrument recorded on JULY 27, 2001, under Recording No. 3368415 AND AS AMENDED BY INSTRUMENT RECORDED UNDER RECORDING N0. 3411315, including, but not limited to, liability for assessments levied by the community association, and rights or benefits which may be disclosed affecting land outside the boundary described in Schedule A. (AFFECTS PARCEL B) 15. Provisions contained in the Articles- of Incorporation and Bylaws of WILLOW GLENN HOMEOWNERS ASSOCIATION. (AFFECTS PARCEL B) 16. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF W3LLOW GLENN. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. (AFFECTS PARCEL B) 17. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JULY 27, 2001 RECORDING NO.: 3368418 REGARDING: WARRANTY AGREEMENT (AFFECTS PARCEL B) IIIIIIIIIIIIIIIIIIIIIIINIIIIIIIIIMIIIIIIIIIVIIIIII o::°eA~.,. ,~ Order No.: 10172781 18 19. 20. 21 cb AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 15, 2001 RECORDING NO.: 3385153, 3385154 AND 3385155 REGARDING: WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (LID/U LID/LATE~O M ER) SAID INSTRUMENT IS A RE-RECORD OF INSTRUMENT RECORDED UNDER RECORDING N0. 3368419, 3368420 AND 3368422 (AFFECT PARCEL 6) AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: REGARDING: (AFFECTS PARCEL B) JULY 27, 2001 3368423 STORMWATER OPERATION AND MAINTENANCE PLAN DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: ORIGINAL AMOUNT: DATED: RECORDED: RECORDING NO.: YELM PROPERTY DEVELOPMENT, LLC, A WASHINGTON LIMITED LIABIL_TTY COMPANY TIMBERLAND SERVICE CORPORATION TIMBERLAND BANK $947,900.00 MARCH 25, 2003 MARCH 26, 2003 3515087 NOTICE OF FURNISHING PROFESSIONAL SERVICES AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NO.: Suc~'ivisicn Guarantee APRIL 24, 2003 3524611 III IIII IIII 03G/g 2l0 004 ~10106A , I (IIII IIII IIII IIIIIIII III II IIIIII IIIII (IIII YELM PROPERTY DEY MISC $30.00 Thurston Co. Wa. Order No.: 10172781 EXHYBIT A LEGAL DESCRIPTION: PARCEL A: LOT B OF BOUNDARY LINE ADJUSTMENT N0. BLA-008260 YL, AS RECORDED SEPTEMBER 21, 2000 UNDER RECORDING NO.'S 3314744 AND 3314745, RECORDS OF THURSTON COUNTY AUDITOR; PARCEL B: TRACTS D, E AND F OF WILLOW GLENN, AS PER PLAT RECORDED JULY Z7, 2001 UNDER RECORDING NO: 3368416, RECORDS OF THURSTON COUNTY AUDITOR; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. II 3624095 I III IIIIII III II 03/y12./2004 010:0 R Illillllillllll IIIIIIIilllllilll IIIII YELM PROPERTY DEV MISC $30.00 Thurston Co. Wa. ~a ~?~.~ -a.",zrv i'ransnation Di' ~ ______ THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY JNCLUDING, BUT NOT LIMITED T G, AREA, DIM_NSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MGDIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOfZ ANY MAirER RELATED TG T1-IIS SKETCH. R°EFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. 3624095 O RD~ER N~0 . /v < 7 a7~ ( IIII Page' 11 of 12 IIII O3/12/2O~4 1O.06A III III IIII III IIII Wa III o . IIII n C IIIII sto IIII ur III Th III 00 IIII 0. III 3 I $ MISC YELM PROPERTY DEV AUDITOR'S FILE NUMBER p(a~-~ 33(av~~(/(o aD~ a.., A PORTION OF THE NE7/4 OF 7HE SE1/4 OF SEO71ON 19, TOWNSHIP ;7 NORTH RANGE 2 EAST, WM BEING A POR710N BLOCK 35 OF McKENNA IRRIGATED TRACTS VOL 9, PG. 43 - ~ _ _' N 894'46' W 1}CO63 ~ FO NO 5 REBAR _ _ _ _ _ . _ _ _ _ _ . _ . _ _ _ _ _ _ _ L - - - ' - - - - - - . _ _ . _ _ _ _O ~ - - 269.}5 _ . _ J~ k CAP L5. 16210 ~. • i • ^ ~ , _ .... :... .. 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Al~q • t:FS ~` )637 `rr' :t I ~. / (~~.Y ~./ -NI / ~,~ CAL~9aa^0 S'f:_ 7ACC uiMr F~.O : anr urrirc. ~ } y \ I asE :u ~ .~ ;aA. ~ I ~IJ M ~;I ~ ' i u i1 ~ ~ I ,~r• ^r- C 1. / \ ( n! Rr;U: iS CF FIFIC ':: avK,r y .. i __ ~ .. ,.~ .~.,.,__ Wore: q `~li ° ~ rl .... ` .._. lrr; r. •vr nr,a _a .. I ~ :__ _ Transnation THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORPAATION. IT IS NOT INTENDED TO SHOW ALL ~AATTERS RE! 4TED TO THE PROPERTY INCLUDING, BUT NOT L1N11TED T0, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF 60UNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATi ACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH-I. REFERENCE SHOULD 8E MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. ORDER N 0 . ~ ~' ~ ~ Z ~ ~ ~ 3624095 I III IIII 03112.! 2004 010:06 1111111 IIIIIiII iillll Illillll IIIIiII 1111111 illi YELM PROPERTY DEV MISC $30.00 Thurston Co. Wa• ~- c~ DESCRIPTIONS ORIGNAU ORfG7MAL: PARt<7, d PARf~I A: l0i J OF QTY OF /7~ 91CR/ SUBOIN90N N0. SHS-97-8187-1t AS PARCEL A CF BOUNDARY UNE Ap175T1ufN7 N0. EtUi-0.;49, RECORDED SEPTEUBER 16, 1997 UNDER AUpTdt'S FILE N0. J109AA8 RECORDED OCTOBER 23. 1983 UNDER AUDITOR'S Fll: NO, 83: WASif1NGTCN. RECORDS OF R1URSi0N COUNTY RECORDS OF THURSTCN COUNTY, WA$FIfNGTON.- - , l NEw. A NEW: PARCE- A LOi J GF GTY Di YEiv SNORT SU8OIN9CN NQ 545-97-8187-K AS PARCEL g RECCRCED SEPTE7uBER I6, f997 UNDER AUDI iOR'S F1LE NO. J109sa8 PARCEL A CF BOUNDARY UNE AO,AISTYENT N0. BlA-OJ09, ' ALS0. MAT PORTfCN OF PARL2 A CF BOUNDARY UNE AD,.U5T.4ENT RECORDED OCT09ER 21 7985 UNDER AUDITOR S AlE N0. 83 AS RECORDED OCTOBFJt 21 1983 UNDER AUpIT7YY5 NO 8LA-0.104 IXCEPT THAT PORTION OESCRfBED AS FOLLOWS , . FIL N0. BSf01500A1 OESCRfBEp AS fOLlOWS BECNNING CN THE WEST UNE CF SAID PARCEL A AT A PpN ' ' ' BEGINNING ON iHf WEST UNf OF SAID PARCEL A AT A PdNT f11iIG/ BEARS SOUTH 00 A8 01 WEST 73201 FEET Fi20AI THE hIORTF BEARS SIXJTH Q046'07' WEST ]32.02 FEET FRW THE NCR MNEST CORNER ~ SAIp PARCEL A: TtIENCE SCU 7H 897539" EAST' ' " CCf7NER CF SAID PARO~I, A; iNENG~ SOUTH 897539" EAST 136.00 ~T,~ THENCE Sp11H 00'a6 OI 11E57 JSa.00 f'EE7.~ 1NENQ' I ' ' FEET; 7NENG SOUTH 00'A6'Oi' Nf57 JSA.OO FEET; iHENLE NORTH 897] 39 WEST I56.0fl ~ TO SAID NEST Ln+E THE ' " NORTH 897]'39' HEST /5000 fF.T7 TO SAID NEST UNE THENCE, ALONG SAID WE57 UNE NORTH OO"s6 Oi EAST ]34.00 t•~l ALONG SAID 11E57 UNE NOR iF/ 0046'07' EAST :3A.00 FEET TO THE PGNT OF BEG'NNING ' RECORDS CF iHURSTpI COUNTY WASH1N07CN. ViCINfTY MAP PGHT Cf BEGNNIN4 , NoT 7o AxL RECORDS Cf TNURSTON CCUN TY, wASNINGTCW. 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';~.1~ ': / ~ 9\7 ~9 A vwiAO ~O~ mn0 D°z~c = N ~ O ~ DOZ O .• mz=~ oT~~ C 2 J - ~~V ~ n~z O Q off= o~= ~_~ N ~~c ~zm G) N wm~ ~ N ~ ~~~ N ii •.. :` ~J c 0 -i r rn Z C /~ W 6' N C W 0 N 00 JV 1 r March 3, 2004 Ms. Tami Merriman Community Development Director City of Yelm 105 Yelm Ave., W. Yelm, WA 98597 RE: Set-aside bond/landscaping Dear Tami: As per our agreement, I am funding the existing cash set-aside bond to cover the cost of the hydroseeding and plant/tree placements at Willow Glenn, Phase II. 8000 square feet of Hydro Seed $ 600 Viburnum 54 $14.25 769 Doug Fir trees 23 $35 805 Hornbeam 750 Road Repair 6,370 $8,724 50% increase 4,363 Total $13,087 Minus existing bond amount 3,000 Additional funding needed $10,087 S~ cerely, G~ , ~c,~ //~ ~ Denny~]~lascio, Manager Yelm Property Development, LLC .. - .- 13 .Letter of Credit 'Assigned Savings for Landscape and road re 3/3/2004 landscape and road repair complete ' 10086.75 :. - :. City of Yelm Assigned Savings • - - .• - .- Willow Glenn Phase II SUB-04-0012-YL 64303500400 '..Middle Road Middle Road, Greenleaf loop, ~.. •.. .. ,Denny iBalascio Yelm Property Development 16422 SE Middle Road Yelm 'WA '98597 360-458-0544 $3,531for landscape, $9,555 for road repair. Already holding $3,000 see #1-B March 3, 2004 Ms. Tami Merriman Community Development Director City of Yelm 105 Yelm Ave., W. Yelm, WA 98597 RE: Set-aside bond/landscaping Dear Tami: As per our agreement, I am funding the existing cash set-aside bond to cover the cost of the hydroseeding and plant/tree placements at Willow Glenn, Phase II. 8000 square feet of Hydro Seed $ 600 Viburnum 54 $14.25 769 Doug Fir trees 23 $35 805 Hornbeam 750 Road Repair 6,370 $8,724 50% increase 4,363 Total $13,087 Minus existing bond amount 3,000 Additional funding needed $10,087 S' cerely, G~~~~~ G~ Denny~l~lascio, Manager Yelm Property Development, LLC $750.00 Final Plat 092 $14,909.51 Park Fee in Lieu $10,086.75 Assigned Savings _- $225.00 Survey Review 092 $25,971.26 Total ~i~'e ~f~ ~~i~ae 1T ~/.G'l~ CITY OF YELM P.O. Box 479 Yeim, WA 98597 360-458-8403 RECEIPT No. 3 9 911 REC~~V~ED ;I TWENTY ~`IVE THOUSAND NINE HUNDRED SEVENTY ONE DOLLARS & 26 CENTS RECEIVED FROM DATE REC. NO. AMOUNT REF. NO. YELM PROFERTY DEVELOFMENT 03/03!04 30911 25,971.26 CHECK 5824 16422 SE MIDDLE ST YELM WA 98597 MISCELLANEOUS RECEIPT JANINE PLAT 750.00, PARK LIEU 24,909.51, ASSIGNED SAVINGS 10,P.86.75, SURVEY REVIEW 225.00 / PLAT WILLOW GLEN PHASE II City of Yelm ~V Community Development Department 105 Yelm Avenue West P.O. Box 479 L Yelm, WA 98597 WA9NINCTON T®: Adam Rivas, Mayor, and City Council Fram: Tami Merriman, Assistant Planner Date: March 3, 2004 Re: Final Plat Application for Willow Glenn Subdivision, Phase II, SUB-04-0012-YL Staff Recommendation: Staff recommends City Council Approve the final plat Willow Glenn Phase II, SUB-04-0012-YL, subject to the conditions stated below. Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that, as conditioned, the final plat meets all conditions of the preliminary approval. Background: The Yelm Hearing Examiner approved, with conditions, a preliminary plat for the above referenced project on November 15, 2002. The project has now completed construction, and the applicant filed a completed application for final plat on February 9, 2004. Applicant: Yelm Property Development, Denny Balascio Proposal: 46 lot, residential subdivision final plat approval Location: North side of Middle Road, adjoining Willow Glenn Phase I Conditions of Final Plat Approval: 1. The applicant has provided an assigned savings account with the City of Yelm in the amount of $10,086.75 to defer landscaping improvements on the perimeter of the storm pond area located in Tract B at the northeastern corner of the subdivision, hydro-seeding of planter strip areas, and for repair of road improvements to Middle Road. This amount reflects 150% of the total projected costs. 2. The applicant may retain the on-site septic system located on Lot 29 for the contractor's office. The system must be abandoned per Thurston County Regulations prior to building permit issuance. (360) 458-3835 (360) 458-3144 FAX wu,w.ci.yelm.wa.us Original Conditions of Approval: The applicant shall show adequate building envelopes for lots 35, 58, and 59 on civil plans submitted for final approval. Completed. Building envelopes are shown on final plat map for recording. 2. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lot 35 to be no further than 85 feet from the North property line. Completed. Final plat map shows no access points for this lot, keeping the driveway access in the correct location. 3. The applicant shall show on civil plans, and the on the face of the final plat, the driveway placement for lots 58 and 59 to be no further than 30-feet from the South property line. Completed. Final plat map shows no access points for these lots, keeping the driveway accesses in the correct locations. 4. The applicant shall provide specific fencing restrictions for lots 35, 58, & 59 in the Covenants and Restrictions for the Homeowners Association, and on the face of the final plat, to provide for adequate sight distance. Completed. Final plat map reflects fencing restrictions for these lots, and refers to CCR's -Fencing, Walls. 5. The applicant shall pay an open space fee-in-lieu-of in the amount of $14,909.51. Completed. Applicant has paid open space fee. 6. The proponent shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. The proponent will be responsible fora TFC of $757.50 per dwelling unit which is payable at time of building permit. TFC charges are paid at building permit issuance. 7. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Ye/m's Development Guidelines. Frontage improvements for Middle Road shall be consistent with the section "Neighborhood Collector". Interior street improvements shall be consistent with the section "local access residential". Applicant completed the required road improvements, however the improvements need minor repair that should be completed in dry weather. The applicant has provided an assigned savings for 150% of the cost of this repair. Page 2 of 5 8. Frontage improvements shall include frontage improvements deferred in the Willow Glen Phase 1 development. Applicant completed the required road improvements, however the improvements need minor repair that should be completed in dry weather. The applicant has provided an assigned savings for 150% of the cost of this repair. 9. The applicant shall connect to the City's water system. Water ERU's (equivalent residential units) are based on a consumption rate of 240 gallons per day and are currently charged at a rate of $1, 500/ERU (subject to change) inside city limits. This fee is payable at time of building permit issuance. Completed. Water lines have been installed, and inspected by the City. The applicant has provided a standard warranty agreement. 10. The applicant shall connect the existing home to water service temporarily from a meter located at lot 23, and must reconnect to its own meter, as soon as the water lines are approved and dedicated to the City. Completed. Existing home has been demolished with ORCAA approval. 11. The applicant shall abandon the on-site well in accordance with the Department of Ecology standards, and any water rights transferred to the City. Completed. On site well has been abandoned per DOE standards, there were no water rights for this well. 12. The proponent shall connect to the City's S.T.E.P System. The S. T.E.P. System shall be designed to City standards. The applicant shall submit final civil plans to the Community Development Department for review and approval. Completed: The S.T.E.P. system has been installed, and inspected by the City. The applicant has provided a standard warranty agreement. 13. Sewer connection fees are charged at the current rate of $4, 986.00 per connection, (fee subject to change) payable at building permif issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. These fees will be assessed at building permit issuance for each lot. Sewer connection fees to be paid at building permit issuance. 14. Existing sewage systems located on-site shall be abandoned per Article /V Rules & Regulations of the Thurston County Board of Health Governing Disposal of sewage. All existing septic systems have been removed, except for lot 29, where the contractor's office is located. The applicant may retain this septic system for the use of the contractors office. The septic shall be abandoned per Thurston County Regulations prior to applying for a building permit on that lot. 15. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices Page 3 of 5 (BMP's) are required during construction. The applicant shall compile a final storm water report along with construction drawings. Completed. The stormwater system design and construction has been approved by the City. 16. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. Individual drywells will be constructed as each house is built. 17. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. Completed. stormwater maintenance agreement complete. 18. The stormwater system shall be held in common by the Homeowners. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Completed. Homeowners stormwater maintenance agreement to be recorded with final plat documents. 19. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Completed. 20. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval. Completed. 21. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Completed. 22. Prior to the submission final plat application, the applicant will provide the Building Department with an addressing plat map for approval. Completed. 23. The applicant shall comply with the mitigation requirements of the MDNS issued on September 27, 2002. Mitigation includes: a. The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible fora TFC of $757.50 per unit, which is payable at time of building permit issuance. Completed. Page 4 of 5 b. The applicant shall enter into an agreement with the Yelm School District to mitigate project impacts to the school district. Completed. 24. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. The landscape plan is approved. The landscaping for the stormwater pond located in Tract B is deferred to allow applicant access to the rear of the northern lots for home construction. The applicant has provided an assigned savings account with the City of Yelm for 150% of the estimated cost of this landscaping, as well as for hydroseeding the planter strips. Page 5 of 5 Tami Merriman From: Susan Drake [Drakes@co.thurston.wa.us] Sent: Wednesday, February 25, 2004 8:16 AM To: tamim@ci.yelm.wa.us Subject: Review Comments for: Willow Glen Div 2 1. Please add APN: 84070200000 to APN's on application for this plat. 2. Deed will need to be recorded from Yelm Development LLC and Yelm Property Development LLC to the Willow Glen Div 2 Homeowners Assn for Tracts A & B. Susan Drake Sr. Property Control Analyst Thurston Co. Assessor's Office drakes@co.thurston.wa.us (360)754-3355 X 6404 (360)754-2958 fax ~- ~ , ~ ~ ~~~.. 1 ~ -~!!GEOMATICS i±2i!Z~!'r LAND SURVEYING ©2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~sze3~ FAX: 360-400-5264 February 13, 2004 Tami Merriman Assistant Planner City of Yelm Planning Department 105 Yelm Avenue West Yelm, WA 98597 Re: Willow Glen Phase II Peer Review Your File No.: SUB-04-0012-YL Thurston County Assessor's Tax Parcel No.s 64303500300 & 64303500400 Geomatics Job No.: 1176 Dear Tami: I have completed my review of the Final Plat of Willow Glen Phase II signed by T. Patrick Fox and dated November 21, 2003. I would like to suggest that the map reference the partial section subdivision as shown on the Plat of Willow Glen, per the Plat of Prairie Creek. With the plan, I received a copy of Transnation Title Insurance Company's Subdivision Guarantee, Order No.: T-3-10172781, dated November 12, 2003. The Guarantee provided a copy of a portion of the survey maps for Boundary Line Adjustment No. BLA-008260 YL and the Plat of Willow Glen. The boundary of this plat is consistent with those maps. I did not research or review how the boundary was established. I did not receive copies of the record matters listed under Exceptions, on pages 2-6 of said guarantee. Therefore, I can't attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. I have reviewed the boundary, road, tract and lot closure reports. The dimensions as shown on the plat are consistent with said reports and all of the essential dimensions are shown. I have enclosed Invoice #287 for the amount of $225.00 for professional services rendered. If you have any questions or desire additional services please feel free to contact me. Thank you for choosing Geomatics, P.S., Inc. for this professional service. Sincerely, Geomatics, P.S., Inc. ~`~ ~~~ Dennis Baker, PLS Project Manager drb@geomaticsla ndsu rveyi ng. com www.geomaticslandsurveying.com Geomatics Land Surveying P.O. Box 2550 -~-:~!~Z!. Yelm, WA 98597-2550 Bill To City of Yelm Community Development Director Grant Beck PO Box 479 Yelm, WA 98597 Phone # Fax # Invoice Date ~ Invoice # _, 2/13/2004 287 Terms ~~ Geomatics No. ~, Due on receipt ~~ 1176 I' -- -r --- ~ Hours Rate i Amount i - 3 I 75.00 ~ 225.00 ~ - _. _ _ --- Total $225.00 ~I Payments/Credits $o.oo Balance Due $225.00 ~,, - -~ E-mail ~; Web Site i 360.400.LAND(5263) 360.400.5264 -- --~-- ~ P.O. No. __ Description drb@geomaticslandsurveying.com iew for the Plat of Willow Glen Phase II. www.geomaticslandsurveying.com ~ Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/15/2002 Drawing: 502026FP BM.DWG Measurement Units feet -------- ------------------ WILLOW GLEN DIVISION 2 ----------------- --------- BOUNDARY Bearing ------------ - Distance --------- - Northing/Lat ------------- - Easting/Dep ----------- 10002.124 -- 49710.658 Start (POB) S 89°34'46" E 289.35 -2.124 289.342 10000.000 50000.000 S 89°17'22" E 107.62 -1.335 107.612 9998.665 50107.612 S 00°32'29" W 823.73 -823.693 -7.784 9174.972 50099.828 S 89°29'56" E 76.70 -0.671 76.697 9174.301 50176.525 S 08°02'52" E 129.43 -128.155 18.121 9046.146 50194.646 S 52°12'51" W 311.37 -190.780 -246.078 8855.366 49948.568 N 46°35'23" W 344.27 236.588 -250.096 9091.954 49698.472 N 00°46'01" E 235.86 235.839 3.157 9327.793 49701.629 ** Horizontal Curve: N 88°12'13" E 8.41 0.264 8.406 Chord pc-pt 9328.057 49710.035 pt 9327.793 49701.629 pc S 04°21'36" E 94.00 -93.728 7.146 Radial In pc-rp 9234.065 49708.775 rp Delta: 5°07'37" Radius: 94.00 Length: 8.41 Tangent: 4.21 N 00°46'01" E 94.00 93.992 1.260 Radial Out rp-pt 9328.057 49710.035 pt S 89°13'59" E 61.60 -0.825 61.595 9327.232 49771.630 ** Horizontal Curve: S 44°13'59" E 28.28 -20.262 19.727 Chord pc-pt 9306.970 49791.357 pt 9327.232 49771.630 pc S 00°46'01" W 20.00 -19.998 -0.268 Radial In pc-rp 9307.234 49771.362 rp Delta: 90°00'0 0" Radius: 20.00 Length: 31.42 Tangent: 20.00 S 89°13'59" E 20.00 -0.264 19.995 Radial Out rp-pt 9306.970 49791.357 pt S 00°46'01" W 12.00 -11.999 -0.160 9294.971 49791.197 S 89°13'59" E 56.00 -0.750 55.995 9294.221 49847.192 N 00°46'01" E 354.00 353.968 4.738 9648.189 49851.930 N 89°13'59" W 56.00 0.750 -55.995 ~~~~~-y 9648.939 49795.935 S 00°46'01" W 12.00 -11.999 -0.161 9636.940 49795.774 ** Horizontal Curve: S 45°46'01" W 28.28 -19.727 -20.262 Chord pc-pt 9617.213 49775.512 pt 9636.940 49795.774 pc N 89°13'59" W 20.00 0.268 -19.998 Radial In pc-rp 9637.208 49775.776 rp Delta: 90°00'00" Radius: 20.00 Length: 31.42 Tangent: 20.00 S 00°46'01" W 20.00 -19.995 -0.264 Radial Out rp-pt 9617.213 49775.512 pt N 89°13'59" W 66.95 0.896 -66.944 9618.109 49708.568 ** Horizontal Curve: N 89°27'51" W 3.05 0.028 -3.050 Chord pc-pt 9618.137 49705.518 pt 9618.109 49708.568 pc S 00°46'01" W 378.00 -377.966 -5.060 Radial In pc-rp 9240.143 49703.508 rp Delta: 0°27'44" Radius: 378.00 Length: 3.05 Tangent: 1.53 N 00°18'17" E 378.00 377.994 2.010 Radial Out rp-pt 9618.137 49705.518 pt N 00°46'01" E 384.03 383.996 5.140 10002.133 49710.658 East 0.00 0.000 0.000 10002.133 49710.658 Closure in Lat/Dep: -0.009 0.000 ---- Starting Point: ---------- -- 10002.124 ------------ 49710.658 Area: 387,287.7954 ft2 8.8909 Acres Map Check Lat/Dep: -0.009 0.000 ----- Starting Point: --------- -- 10002.124 ------------ 49710.658 Distance Error: South 0.009 Total Distance: 3395.20 Ratio: 1:377245 Area: 387,287.7954 ft2 8.8909 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/15/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 CENTERLINE ROAD CLOSURE Bearing Distance Northing/Lat Fasting/Dep 9648.527 49826.435 Start (POB) S 00°46' O1" W 57.50 -57.495 -0.769 Qj~/ G`1~3E 9591.032 49825.666 S 00°46'01" W 239.00 -238.978 -3.200 ~~T~U 9352.054 49822.466 S 00°46'01" W 57.50 -57.495 -0.769 9294.559 49821.697 ** Horizontal Curve: S O1°43'34" E 26.10 -26.088 0.786 Chord pc-pt 9268.471 49822.483 pt 9294.559 49821.697 pc S 89°13'59" E 300.00 -4.016 299.973 Radial In pc-rp 9290.543 50121.670 rp Delta: 4°59'09" G ~ Radius: 300.00 Length: 26.11 Tangent: 13.06 S 85°46'52" W 300.00 -22.072 -299.187 Radial Out rp-pt 9268.471 49822.483 pt S 04°13'08" E 69.50 -69.312 5.113 9199.159 49827.596 ** Horizontal Curve: S 25°24'16" E 72.28 -65.291 31.008 Chord pc-pt 9133.868 49858.604 pt 9199.159 49827.596 pc N 85°46'52" E 100.00 7.357 99.729 Radial In pc-rp 9206.516 49927.325 rp - Delta: 42°22'15" G /~ Radius: 100.00 L Length: 73.95 Tangent: 38.76 S 43°24'37" W 100.00 -72.648 -68.721 Radial Out rp-pt 9133.868 49858.604 pt S 46°35'23" E 57.71 -39.659 41.924 9094.209 49900.528 ** Horizontal Curve: N 66°58'33" E 183.32 71.700 168.716 Chord pc-pt 9165.909 50069.244 pt 9094.209 49900.528 pc N 43°24'37" E 100.00 72.645 68.722 Radial In pc-rp 9166.854 49969.250 rp Delta: 132°52'08 " n ~ V Radius: 100.00 Length: 231.90 Tangent: 229.27 S 89°27'31" E 100.00 -0.945 99.994 Radial Out rp-pt 9165.909 50069.244 pt N 00°32'29" E 602.96 602.933 5.698 R~eao C+~S~~ ** Horizontal Curve: N 44°22'27" W 141.21 N 89°27'31" W 100.00 Delta: 89°49'51" C ~ Radius: 100.00 Length: 156.78 Tangent: 99.71 N 00°42'38" E 100.00 N 89°17'22" W 36.84 ** Horizontal Curve: S 48°14'33" W 135.04 S 00°42'38" W 100.00 Delta: 84°56'11" C5 Radius: 100.00 J Length: 148.24 Tangent: 91.53 N 84°13'33" W 100.00 S 05°46'27" W 106.16 ** Horizontal Curve: S 03°16'14" W 26.21 S 84°13'33" E Delta: 5°00'26" Cf_ Radius: 300.00 IG Length: 26.22 Tangent: 13.12 N 89°13'59" W 300.00 9768.842 50074.942 100.936 -98.754 Chord pc-pt 9869.778 49976.188 pt 9768.842 50074.942 pC 0.945 -99.996 Radial In pc-rp 9769.787 49974.946 rp 99.991 1.242 Radial Out rp-pt 9869.778 49976.188 pt 0.456 -36.837 9870.234 49939.351 -89.934 -100.736 Chord pc-pt 9780.300 49838.615 pt 9870.234 49939.351 pc -99.992 -1.240 Radial In pc-rp 9770.242 49938.111 rp 10.058 -99.496 Radial Out rp-pt 9780.300 49838.615 pt -105.621 -10.681 9674.679 49827.934 -26.167 -1.495 Chord pc-pt 9648.512 49826.439 pt 9674.679 49827.934 pc -30.183 298.478 Radial In pc-rp 9644.496 50126.412 rp 300.00 4.016 -299.973 Radial Out rp-pt 9648.512 49826.439 pt East 0.00 0.000 0.000 9648.512 49826.439 Closure in Lat/Dep: 0.015 -0.004 -- Starting Point: ------------ -- 9648.527 ------------ 49826.435 5 4 9 5 € ~ ~-~ .a Map Check Lat/Dep: te 0.015 -0.004 Starting Point: 9648.527 49826.435 Distance Error: N 14°55'53" W 0.016 Total Distance: 1890.36 Ratio: 1:121769 Area: 184,659.5495 ft2 4.2392 Acres 1~~d •~~~ 3 54, C o Cv~v ~.~ bQ~- aF Rc4~ _ t.9'(5~ AC~Z~S Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/15/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 10' DEDICATION TO MIDDLE RD Bearing Distance Northing/Lat ------------ ---------- -------------- S 46°35'23" E 355.02 S 52°12'51" W 10.12 N 46°35'23" W 344.27 N 00°46'01" E 13.59 East 0.00 Closure in Lat/Dep: Starting Point: 9105.544 -243.976 8861.568 -6.201 8855.367 236.589 9091.956 13.589 9105.545 0.000 9105.545 -0.001 9105.544 Area: 3,496.4527 ft2 0.0803 Acres Map Check Lat/Dep: -0.001 Starting Point: 9105.544 Distance Error: S 81°52'12" E 0.007 Total Distance: 723.00 Ratio: 1:102248 Area: 3,496.4527 ft2 0.0803 Acres Fasting/Dep 49698.656 Start (POB) 257.905 49956.561 -7.998 49948.563 -250.096 49698.467 0.182 49698.649 0.000 49698.649 0.007 49698.656 0.007 -------------- 49698.656 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet WILLOW GLEN DIVISION 2 TRACT A Bearing Distance Northing/Lat Easting/Dep 8958.694 49963.356 Start (POB) N O1°37'14" E 77.75 77.719 2.199 9036.413 49965.555 ** Horizontal Curve: N 81°40'55" W 30.44 4.403 9040.816 9036.413 130.448 9166.861 N O1°37'14" E Delta: 13°23'42" Radius: 130.50 Length: 30.51 Tangent: 15.32 -30.120 Chord pc-pt 49935.435 pt 49965.555 pc 3.691 Radial In pc-rp 49969.246 rp S 15°00'56" W 130.50 -126.045 -33.811 Radial Out rp-pt 9040.816 49935.435 pt S 15°00'56" W 20.00 -19.317 -5.181 9021.499 49930.254 S 43°24'37" W 98.11 -71.272 -67.423 8950.227 49862.831 S 46°35'23" E 129.02 -88.665 93.726 8861.562 49956.557 N 52°12'51" E 64.88 39.753 51.276 8901.315 50007.833 N 37°47'09" W 72.60 57.376 -44.483 8958.691 49963.350 Closure in Lat/Dep: 0.003 0.006 Starting Point: --- ----------- -- 8958.694 ------------ 49963.356 Area: 12,144.7385 ft2 0.2788 Acres Map Check Lat/Dep: 0.003 0.006 Starting Point: --- ----------- -- 8958.694 ------------ 49963.356 Distance Error: N 63°26'06" E 0.007 Total Distance: 42 0.27 Ratio: 1:62651 Area: 12,144.7385 ft2 0.2788 Acres 130.50 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 TRACT B Bearing Distance Northing/Lat -------------- - Easting/Dep ------------- ------------ ---------- 9998.665 50107.612 Start (POB) N 89°17'22" W 107.62 1.335 -107.612 10000.000 50000.000 N 89°34'46" W 7.38 0.054 -7.380 10000.054 49992.620 S 00°32'29" W 100.84 -100.835 -0.953 9899.219 49991.667 ** Horizontal Curve: S 41°02'53" E 173.25 -130.659 113.772 Chord pc-pt 9768.560 50105.439 pt 9899.219 49991.667 pc S 07°21'46" W 130.50 -129.424 -16.723 Radial In pc-rp 9769.795 49974.944 rp Delta: 83°10'43" Radius: 130.50 Length: 189.45 Tangent: 115.82 S 89°27'31" E 130.50 -1.235 130.495 Radial Out rp-pt 9768.560 50105.439 pt N 00°32'29" E 230.12 230.110 2.174 9998.670 50107.613 Closure in Lat/Dep: -0.005 ---- - -0.001 ------------- Starting Point: ---------- 9998.665 50107.612 Area: 15,125.1482 ft2 0.3472 Acres Map Check Lat/Dep: -0.005 -0.001 Starting Point: 9998.665 50107.612 Distance Error: S 11°18'35" W 0.005 Total Distance: 405.29 Ratio: 1:79485 Area: 15,125.1482 ft2 0.3472 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet -------- ------------------ WILLOW GLEN DIVISION 2 ----------------- --------- LOT 23 Bearing Distance ------------ ---------- - Northing/Lat ------------- - Easting/Dep ------------- 9294.967 49791.200 Start (POB) N 00°46'01" E 12.00 11.999 0.160 9306.966 49791.360 ** Horizontal Curve: N 44°13'59" W 28.28 20.263 -19 727 Chord c- t N 89°13'59" W 20.OC Delta: 90°00'00" Radius: 20.00 Length: 31.42 Tangent: 20.00 N 00°46'01" E 20.00 N 89°13'59" W 61.60 ** Horizontal Curve: S 88°12'13" W 8.41 S 00°46'01" W 94.00 Delta: 5°07'37" Radius: 94.00 Length: 8.41 Tangent: 4.21 N 04°21'36" W 94.00 S 00°46'01" W 64.62 S 89°13'59" E 91.62 N 04°13'08" W 4.29 ** Horizontal Curv e: N O1°43'34" W 28.75 N 85°46'52" E 330.50 Delta: 4°59'09" Radius: 330.50 Length: 28.76 Tangent: 14.39 N 89°13'59" W 330.50 Closure in Lat/Dep: • P P 9327.229 49771.633 pt 9306.966 49791.360 pC 0.268 -19.998 Radial In pc-rp 9307.234 49771.362 rp 19.995 0.271 Radial Out rp-pt 9327.229 49771.633 pt 0.824 -61.595 9328.053 49710.038 -0.263 -8.406 Chord pc-pt 9327.790 49701.632 pt 9328.053 49710.038 pc -93.991 -1.258 Radial In pc-rp 9234.062 49708.780 rp 93.728 -7.148 Radial Out rp-pt 9327.790 49701.632 pt -64.614 -0.865 9263.176 49700.767 -1.227 91.612 9261.949 49792.379 4.279 -0.316 9266.228 49792.063 28.737 -0.865 Chord pc-pt 9294.965 49791.198 pt 9266.228 49792.063 pc 24.314 329.605 Radial In pc-rp 9290.542 50121.668 rp 4.423 -330.470 Radial Out rp-pt 9294.965 49791.198 pt 0.002 0.002 1~-~ Z~ Starting Point: -------------- -------------- 9294.967 49791.200 Area: 5,781.2169 ft2 0.1327 Acres Map Check Lat/Dep: 0.002 Starting Point: 9294.967 Distance Error: N 45°00'00" E 0.003 Total Distance: 273.97 Ratio: 1:96862 Area: 5,781.2169 ft2 0.1327 Acres 0.002 -------------- 49791.200 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units feet WILLOW GLEN DIVISION 2 LOT 24 Bearing ----------- Distance - ---------- Northing/Lat -------------- Easting/Dep -------------- 9261.948 49792.381 Start (POB) N 89°13'59" W 91.62 1.227 -91.612 9263.175 49700.769 S 00°46'01" W 55.00 -54.995 -0.736 9208.180 49700.033 S 89°13'59" E 96.42 -1.291 96.412 9206.889 49796.445 N 04°13'08" W 55.21 55.060 -4.062 9261.949 49792.383 Closure in Lat/Dep: -0.001 -0.002 Starting Po int: -------------- - 9261.948 ------------- 49792.381 Area: 5,171.2506 ft2 0.1187 Acres Map Check Lat/Dep: -0.001 -0.002 Starting Point: 9261.948 49792.381 Distance Error: S 63°26'06" W 0.002 Total Distance: 243.05 Ratio: 1:108693 Area: 5,171.2506 ft2 0.1187 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP BM.DWG _ Measurement Units feet ------------ -------------- WILLOW GLEN DIVISION 2 ----------------- --------- LOT 25 Bearing ------------ - Distance --------- - Northing/Lat ------------- - Easting/Dep ----------- 9196.920 -- 49797.178 Start (POB) N 04°13'08" W 10.00 9.973 -0.735 9206.893 49796.443 N 89°13'59" W 96.42 1.291 -96.412 9208.184 49700.031 S 00°46'01" W 50.00 -49.996 -0.669 9158.188 49699.362 S 89°13'59" E 91.20 -1.221 91.192 9156.967 49790.554 N 73°04'25" E 15.00 4.368 14.350 9161.335 49804.904 ** Horizontal Curve: N 12°14'23" W 36.42 35.592 9196.927 9161.335 45.190 9206.525 N 69°44'23" E Delta: 16°02'29" Radius: 130.50 Length: 36.54 Tangent: 18.39 -7.721 Chord pc-pt 49797.183 pt 49804.904 pc 122.426 Radial In pc-rp 49927.330 rp S 85°46'52" W 130.50 -9.598 -130.147 Radial Out rp-pt 9196.927 49797.183 pt Closure in Lat/Dep: -0.007 -0.005 -- Starting Point: ------------ - 9196.920 ------------- 49797.178 Area: 4,979.3857 ft2 0.1143 Acres Map Check Lat/Dep: -0.007 -0.005 -- Starting Point: ------------ - 9196.920 ------------- 49797.178 Distance Error: S 35°32'16" W 0.009 Total Distance: 262.61 Ratio: 1:30528 Area: 4,979.3857 ft2 0.1143 Acres 130.50 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet -- ------------------------ WILLOW GLEN DIVISION 2 ----------------- --------- LOT 26 Bearing Distance ------------ ---------- Northing/Lat -------------- - Easting/Dep ------------- 9138.847 49815.743 Start (POB) ** Horizontal Curve: N 25°44'54" W 24.96 22.482 -10.843 Chord pc-pt 9161.329 49804.900 pt 9138.847 49815.743 pc N 58°45'49" E 130.50 67.674 111.582 Radial In pc-rp 9206.521 49927.325 rp Delta: 10°58'34" Radius: 130.50 Length: 25.00 Tangent: 12.54 S 69°44'23" W 130.50 -45.192 -122.425 Radial Out rp-pt 9161.329 49804.900 pt S 73°04'25" W 15.00 -4.367 -14.351 9156.962 49790.549 N 89°13'59" W 91.20 1.221 -91.191 9158.183 49699.358 S 00°46'01" W 52.64 -52.636 -0.705 9105.547 49698.653 S 46°35'23" E 56.00 -38.484 40.681 9067.063 49739.334 N 46°47'06" E 104.84 71.788 76.407 9138.851 49815.741 Closure in Lat/Dep: -0.004 0.002 - Starting Point: ------------- - 9138.847 ------------- 49815.743 Area: 6,986.0528 ft2 0.1604 Acres Map Check Lat/Dep: -0.004 0.002 Starting Point: 9138.847 49815.743 Distance Error: S 26°33'55" E 0.004 Total Distance: 239.84 Ratio: 1:53630 Area: 6,986.0528 ft2 0.1604 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 27 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 9101.908 49848.014 Start (POB) N 46°35'23" W 14.28 9.814 -10.374 9111.722 49837.640 ** Horizontal Curve: N 38°54'47" W 34.86 27.124 -21.897 Chord pc-pt 9138.846 49815.743 pt 9111.722 49837.640 pc N 43°24'37" E 130.50 94.802 89.682 Radial In pc-rp 9206.524 49927.322 rp Delta: 15°21'12" Radius: 130.50 Length: 34.97 Tangent: 17.59 S 58°45'49" W 130.50 -67.678 -111.579 Radial Out rp-pt 9138.846 49815.743 pt S 46°47'06" W 104.84 -71.788 -76.406 9067.058 49739.337 S 46°35'23" E 55.00 -37.797 39.954 9029.261 49779.291 N 43°24'37" E 100.00 72.645 68.722 9101.906 49848.013 Closure in Lat/Dep: 0.002 - -- 0.001 ------------ -- Starting Point: ----------- 9101.908 49848.014 Area: 5,259.0471 ft2 0.1207 Acres Map Check Lat/Dep: -- 0.002 ------------ -- 0.001 ------------ Starting Point: 9101.908 49848.014 Distance Error: N 26°33' 55" E 0.002 Total Distance: 209.08 Ratio: 1:93505 Area: 5,259.0471 ft2 0.1207 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet ---------------------------------------------------- WILLOW GLEN DIVISION 2 LOT 28 Bearing Distance Northing/Lat Fasting/Dep ------------ ---------- -------------- -------------- 9061.442 49892.326 Start (POB) ** Horizontal Curve: N 50°14'13" W 16.60 10.618 -12.760 Chord pc-pt 9072.060 49879.566 pt 9061.442 49892.326 pc N 36°06'57" E 130.50 105.422 76.920 Radial In pc-rp 9166.864 49969.246 rp Delta: 7°17'40" Radius: 130.50 Length: 16.61 Tangent: 8.32 S 43°24'37" W 130.50 -94.804 -89.680 Radial Out rp-pt 9072.060 49879.566 pt N 46°35'23" W 43.43 29.846 -31.550 9101.906 49848.016 S 43°24'37" W 100.00 -72.645 -68.721 9029.261 49779.295 S 46°35'23" E 60.00 -41.233 43.587 8988.028 49822.882 N 43°24'37" E 101.06 73.415 69.450 9061.443 49892.332 Closure in Lat/Dep: -0.001 - -- -0.006 ------------ -- Starting Point: ----------- 9061.442 49892.326 Area: 6,005.8236 ft2 0.1379 Acres Map Check Lat/Dep: -- -0.001 ------------ -- -0.006 ------------ Starting Point: 9061.442 49892.326 Distance Error: S 80°32'16" W 0.006 Total Distance: 220.04 Ratio: 1:36175 Area: 6,005.8236 ft2 0.1379 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet ---------------------------------------------------- WILLOW GLEN DIVISION 2 LOT 29 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 9021.502 49930.254 Start (POB) N 15°00'56" E 20.00 19.317 5.182 9040.819 49935.436 ** Horizontal Curve: N 64°26'03" W 47.79 20.624 -43.111 Chord pc-pt 9061.443 49892.325 pt 9040.819 49935.436 pc N 15°00'56" E 130.50 126.045 33.810 Radial In pc-rp 9166.864 49969.246 rp Delta: 21°06'01" Radius: 130.50 Length: 48.06 Tangent: 24.30 S 36°06'57" W 130.50 -105.421 -76.921 Radial Out rp-pt 9061.443 49892.325 pt S 43°24'37" W 101.06 -73.415 -69.450 8988.028 49822.875 S 46°35'23" E 55.00 -37.797 39.954 8950.231 49862.829 N 43°24'37" E 98.11 71.272 67.423 9021.503 49930.252 Closure in Lat/Dep: -0.001 - 0.002 ------------- -- Starting Point: ------------ 9021.502 49930.254 Area: 5,876.3647 ft2 0.1349 Acres Map Check Lat/Dep: -0.001 0.002 Starting Point: 9021.502 49930.254 Distance Error: S 63°26'07" E 0.002 Total Distance: 224.12 Ratio: 1:100227 Area: 5,876.3647 ft2 0.1349 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 30 Bearing Distance Northing/Lat Easting/Dep 9011.685 49991.866 Start (POB) N O1°37'14" E 26.80 26.789 0.758 9038.474 49992.624 ** Horizontal Curve: S 85°39'01" W 27.15 -2.059 -27.072 Chord pc-pt 9036.415 49965.552 pt 9038.474 49992.624 pc N 10°19'12" W 130.50 128.389 -23.378 Radial In pc-rp 9166.863 49969.246 rp Delta: 11°56'26" Radius: 130.50 Length: 27.20 Tangent: 13.65 S O1°37'14" W 130.50 -130.448 -3.694 Radial Out rp-pt 9036.415 49965.552 pt S O1°37'14" W 77.75 -77.719 -2.199 8958.696 49963.353 S 37°47'09" E 72.60 -57.376 44.483 8901.320 50007.836 N 52°12'51" E 55.00 33.699 43.467 8935.019 50051.303 N 37°47'09" W 97.01 76.668 -59.439 9011.687 49991.864 Closure in Lat/Dep: -0.002 0.002 -- Starting Point: ------------ -- 9011.685 ------------ 49991.866 Area: 6,062.9338 ft2 0.1392 Acres Map Check Lat/Dep: -0.002 0.002 -- Starting Point: ------------ -- 9011.685 ------------ 49991.866 Distance Error: S 45°00'01" E 0.003 Total Distance: 259.35 Ratio: 1:91694 Area: 6,062.9338 ft2 0.1392 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet ---------------------------------------------------- WILLOW GLEN DIVISION 2 LOT 31 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 9051.628 50030.492 Start (POB) ** Horizontal Curve: S 70°50'42" W 40.09 -13.154 -37.870 Chord pc-pt 9038.474 49992.622 pt 9051.628 50030.492 pc N 27°59'24" W 130.50 115.236 -61.246 Radial In pc-rp 9166.864 49969.246 rp Delta: 17°40'13" Radius: 130.50 Length: 40.25 Tangent: 20.28 S 10°19'12" E 130.50 -128.390 23.376 Radial Out rp-pt 9038.474 49992.622 pt S O1°37'14" W 26.80 -26.789 -0.758 9011.685 49991.864 S 37°47'09" E 97.01 -76.668 59.439 8935.017 50051.303 N 52°12'51" E 55.00 33.699 43.467 8968.716 50094.770 N 37°47'09" W 104.91 82.911 -64.280 9051.627 50030.490 Closure in Lat/Dep: 0.001 0.002 ------------- -- Starting Point: ------------ - 9051.628 50030.492 Area: 6,013.6700 ft2 0.1381 Acres Map Check Lat/Dep: -- 0.001 ------------ - 0.002 ------------- Starting Point: 9051.628 50030.492 Distance Error: N 63°26'05" E 0.002 Total Distance: 219.06 Ratio: 1:97965 Area: 6,013.6700 ft2 0.1381 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet ---------------------------------------------------- WILLOW GLEN DIVISION 2 LOT 32 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 9082.883 50069.133 Start (POB) ** Horizontal Curve: S 51°01'58" W 49.70 -31.255 -38.642 Chord pc-pt 9051.628 50030.491 pt 9082.883 50069.133 pc N 49°56'39" W 130.50 83.981 -99.887 Radial In pc-rp 9166.864 49969.246 rp Delta: 21°57'15" Radius: 130.50 Length: 50.00 Tangent: 25.31 S 27°59'24" E 130.50 -115.236 61.245 Radial Out rp-pt 9051.628 50030.491 pt S 37°47'09" E 104.91 -82.912 64.280 8968.716 50094.771 N 52°12'51" E 71.37 43.730 56.404 9012.446 50151.175 N 49°21'15" W 108.13 70.434 -82.044 9082.880 50069.131 Closure in Lat/Dep: 0.003 0.002 -- Starting Point: ------------ -- 9082.883 ------------ 50069.133 Area: 6,307.6356 ft2 0.1448 Acres Map Check Lat/Dep: -- 0.003 ------------ -- 0.002 ------------ Starting Point: 9082.883 50069.133 Distance Error: N 33°41'24" E 0.004 Total Distance: 226.29 Ratio: 1:62761 Area: 6,307.6356 ft2 0.1448 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 33 Bearing Distance Northing/Lat Easting/Dep 9085.188 50189.125 Start (POB) N 69°31'21" W 104.06 36.404 -97.484 9121.592 50091.641 ** Horizontal Curve: S 30°10'38" W 44.78 -38.711 -22.510 Chord pc-pt 9082.881 50069.131 pt 9121.592 50091.641 pc N 69°42'05" W 130.50 45.272 -122.396 Radial In pc-rp 9166.864 49969.245 rp Delta: 19°45'26" Radius: 130.50 Length: 45.00 Tangent: 22.73 S 49°56'39" E 130.50 -83.983 99.886 Radial Out rp-pt 9082.881 50069.131 pt S 49°21'15" E 108.13 -70.434 82.044 9012.447 50151.175 N 52°12'51" E 55.00 33.699 43.467 9046.146 50194.642 N 08°02'52" W 39.43 39.041 -5.521 9085.187 50189.121 Closure in Lat/Dep: 0.001 0.004 -- Starting Point: ------------ -- 9085.188 ------------ 50189.125 Area: 7,500.5533 ft2 0.1722 Acres Map Check Lat/Dep: -- 0.001 ------------ -- 0.004 ------------ Starting Point: 9085.188 50189.125 Distance Error: N 75°57'49" E 0.004 Total Distance: 312.19 Ratio: 1:75718 Area: 7,500.5533 ft2 0.1722 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 34 Bearing Distance Northing/Lat Fasting/Dep 9174.301 50176.525 Start (POB) N 89°29'56" W 76.70 0.671 -76.697 9174.972 50099.828 S 00°32'29" W 9.34 -9.339 -0.088 9165.633 50099.740 ** Horizontal Curve: S 10°25'12" W 44.78 -44.042 -8.099 Chord pc-pt 9121.591 50091.641 pt 9165.633 50099.740 pc N 89°27'31" W 130.50 1.233 -130.494 Radial In pc-rp 9166.866 49969.246 rp Delta: 19°45'26" Radius: 130.50 Length: 45.00 Tangent: 22.73 S 69°42'05" E 130.50 -45.275 122.395 Radial Out rp-pt 9121.591 50091.641 pt S 69°31'21" E 104.06 -36.404 97.485 9085.187 50189.126 N 08°02'52" W 90.00 89.114 -12.600 9174.301 50176.526 Closure in Lat/Dep: 0.000 -0.001 -- Starting Point: ------------ - 9174.301 ------------- 50176.525 Area: 6,070.3101 ft2 0.1394 Acres Map Check Lat/Dep: 0.000 -0.001 Starting Point: 9174.301 50176.525 Distance Error: S 89°59'58" W 0.001 Total Distance: 235.10 Ratio: 1:235101 Area: 6,070.3101 ft2 0.1394 Acres Lot Closures - Prepared using Sur-aey/Civi: Solutions for AutoCAD Bearing Mode Date Prepared: 11/15/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 35 Bearing Distance Nort:ina/Lat Easting/Dep 9158.695 50043.297 Start (POB) N 89°27'31" W 174.44 1.648 -174.432 9160.343 49868.865 ** Horizontal Curve: S 42°26'48" E 10.76 N 51°41'46" E 74.50 Delta: 8°17'09" Radius: 74.50 Length: 10.77 Tangent: 5.40 S 43°24'37" W 74.50 S 46°35'23" E 57.71 ** Horizontal Curve: N 69°51'09" E 133.41 N 43°24'37" E Delta: 127°06'56" Radius: 74.50 Length: 165.28 Tangent: 149.80 S 83°42'19" E 74.50 -7.939 7.262 Chord pc-pt 9152.404 49876.127 pt 9160.343 49868.865 pc 46.178 58.462 Radial In pc-rp 9206.521 49927.327 rp -54.117 -51.200 Radial Out rp-pt 9152.404 49876.127 pt -39.660 41.923 9112.744 49918.050 45.952 125.247 Chord pc-pt 9158.696 50043.297 pt 9112.744 49918.050 pc 54.121 51.198 Radial In pc-rp 9166.865 49969.248 rp 74.50 -8.169 74.049 Radial Out rp-pt 9158.696 50043.297 pt East 0.00 0.000 0.000 9158.696 50043.297 Closure in Lat/Dep: -0.001 0.000 Starting Point: 9158.695 50043.297 Area: 8,078.8036 ft2 0.1855 Acres Map Check Lat/Dep: -0.001 0.000 Starting Point: 9158.695 50043.297 Distance Error: S 00°00'02" E 0.001 Total Distance: 408.21 Ratio: 1:408208 Area: 8,078.8036 ft2 0.1855 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 36 Bearing ------------ Distance ---------- Northing/Lat -------------- Easting/Dep -------------- 9213.689 50044.192 Start (POB) N 89°27'31" W 96.12 0.908 -96.116 9214.597 49948.076 S O1°50'54" E 55.05 -55.021 1.776 9159.576 49949.852 S 89°27'31" E 93.45 -0.883 93.445 9158.693 50043.297 ** Horizontal Curve: N 03°25'05" E 7.48 7.467 0.446 Chord pc-pt 9166.160 50043.743 pt 9158.693 50043.297 pc N 83°42'19" W 74.50 8.168 -74.050 Radial In pc-rp 9166.861 49969.247 rp Delta: 5°45'12" Radius: 74.50 Length: 7.48 Tangent: 3.74 S 89°27'31" E 74.50 -0.701 74.496 Radial Out rp-pt 9166.160 50043.743 pt N 00°32'29" E 47.53 47.528 0.450 9213.688 50044.193 Closure in Lat/Dep: 0.001 -0.001 -- Starting Point: ------------ -- 9213.689 ------------ 50044.192 Area: 5,222.6472 ft2 0.1199 Acres Map Check Lat/Dep: 0.001 -0.001 -- Starting Point: ------------ -- 9213.689 ------------ 50044.192 Distance Error: N 44°59'58" W 0.001 Total Distance: 252.10 Ratio: 1:178263 Area: 5,222.6472 ft2 0.1199 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 37 Bearing Distance Northing/Lat Easting/Dep 9214.597 49948.074 Start (POB) N 89°27'31" W 96.12 0.909 -96.116 9215.506 49851.958 S 04°13'08" E 14.50 -14.461 1.067 9201.045 49853.025 ** Horizontal Curve: S 21°15'41" E 43.67 -40.698 15.836 Chord pc-pt 9160.347 49868.861 pt 9201.045 49853.025 pc N 85°46'52" E 74.50 5.481 74.298 Radial In pc-rp 9206.526 49927.323 rp Delta: 34°05'05" Radius: 74.50 Length: 44.32 Tangent: 22.84 S 51°41'46" W 74.50 -46.179 -58.462 Radial Out rp-pt 9160.347 49868.861 pt S 89°27'31" E 80.99 -0.765 80.986 9159.582 49949.847 N O1°50'54" W 55.05 55.021 -1.775 9214.603 49948.072 Closure in Lat/Dep: -0.006 0.002 -- Starting Point: ------------ - 9214.597 ------------- 49948.074 Area: 5,059.0269 ft2 0.1161 Acres Map Check Lat/Dep: -- -0.006 ------------ -- 0.002 ------------ - Starting Point: 9214.597 49948.074 Distance Error: S 18°26'06" E 0.006 Total Distance: 235.93 Ratio: 1:37305 Area: 5,059.0269 ft2 0.1161 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 38 Bearing Distance ---------- Northing/Lat -------------- - Fasting/Dep ------------- ----------- - 9268.687 50044.711 Start (POB) N 89°27'31" W 98.42 0.930 -98.415 9269.617 49946.296 S O1°50'54" E 55.05 -55.022 1.775 9214.595 49948.071 S 89°27'31" E 96.12 -0.908 96.116 9213.687 50044.187 N 00°32'29" E 55.00 54.998 0.520 9268.685 50044.707 Closure in Lat/Dep: 0.002 ------ - 0.004 ------------- Starting Po int: -------- 9268.687 50044.711 Area: 5,349.8246 ft2 0.1228 Acres Map Check Lat/Dep: 0.002 0.004 Starting Point: 9268.687 50044.711 Distance Error: N 63°26'06" E 0.004 Total Distance: 249.59 Ratio: 1:55809 Area: 5,349.8246 ft2 0.1228 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 39 Bearing --- Dis - ----- tance ----- Northing/Lat -------------- Fasting/Dep -------------- -------- 9269.617 49946.299 Start (POB) N 89°34'25" W 98.39 0.732 -98.388 9270.349 49847.911 S 04°13'08" E 54.99 -54.841 4.046 9215.508 49851.957 S 89°27'31" E 96.12 -0.908 96.116 9214.600 49948.073 N O1°50'54" W 55.05 55.021 -1.776 9269.621 49946.297 Closure in Lat/Dep: -0.004 0.002 ----------- Starting Po int: -------------- - 9269.617 -- 49946.299 Area: 5,339.6641 ft2 0.1226 Acres Map Check Lat/Dep: -0.004 0.002 Starting Point: 9269.617 49946.299 Distance Error: S 26°33'55" E 0.004 Total Distance: 249.50 Ratio: 1:55790 Area: 5,339.6641 ft2 0.1226 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 40 Bearing Dis ------------ ----- tance ----- Northing/Lat -------------- Fasting/Dep -------------- 9323.684 50045.231 Start (POB) N 89°27'31" W 98.81 0.934 -98.805 9324.618 49946.426 S 00°07'45" W 55.00 -55.000 -0.124 9269.618 49946.302 S 89°27'31" E 98.42 -0.930 98.415 9268.688 50044.717 N 00°32'29" E 55.00 54.998 0.520 9323.686 50045.237 Closure in Lat/Dep: -0.002 -0.006 Starting Point: -------------- - 9323.684 ------------- 50045.231 Area: 5,423.8310 ft2 0.1245 Acres Map Check Lat/Dep: -0.002 -0.006 Starting Point: 9323.684 50045.231 Distance Error: S 71°33'54" W 0.006 Total Distance: 252.23 Ratio: 1:39881 Area: 5,423.8310 ft2 0.1245 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 41 Bearing Distance Northing/Lat Fasting/Dep 9324.618 49946.423 Start (POB) N 89°27'31" W 98.81 0.934 -98.806 9325.552 49847.617 S 00°46'01" W 31.34 -31.338 -0.420 9294.214 49847.197 ** Horizontal Curve: S O1°43'34" E 23.88 -23.869 0.720 Chord pc-pt 9270.345 49847.917 pt 9294.214 49847.197 pc S 89°13'59" E 274.50 -3.674 274.476 Radial In pc-rp 9290.540 50121.673 rp Delta: 4°59'09" Radius: 274.50 Length: 23.89 Tangent: 11.95 S 85°46'52" W 274.50 -20.195 -273.756 Radial Out rp-pt 9270.345 49847.917 pt S 89°34'25" E 98.39 -0.732 98.387 9269.613 49946.304 N 00°07'45" E 55.00 55.000 0.124 9324.613 49946.428 Closure in Lat/Dep: 0.005 -0.005 -- Starting Point: ------------ -- 9324.618 ------------ 49946.423 Area: 5,453.2175 ft2 0.1252 Acres Map Check Lat/Dep: -- 0.005 ------------ -- -0.005 ------------ Starting Point: 9324.618 49946.423 Distance Error: N 45°00'00" W 0.007 Total Distance: 252.42 Ratio: 1:35698 Area: 5,453.2175 ft2 0.1252 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 42 Bearing ----------- Distance - ---------- Northing/Lat -------------- - Fasting/Dep ------------- 9378.682 50045.751 Start (POB) N 89°27'31" W 98.70 0.932 -98.696 9379.614 49947.055 S 00°39'15" W 55.00 -54.996 -0.628 9324.618 49946.427 S 89°27'31" E 98.81 -0.934 98.806 9323.684 50045.233 N 00°32'29" E 55.00 54.998 0.520 9378.682 50045.753 Closure in Lat/Dep: 0.000 -0.002 Starting Po int: -------------- - 9378.682 ------------- 50045.751 Area: 5,431.7381 ft2 0.1247 Acres Map Check Lat/Dep: 0.000 -0.002 Starting Point: 9378.682 50045.751 Distance Error: S 89°59'59" W 0.002 Total Distance: 252.52 Ratio: 1:126259 Area: 5,431.7381 ft2 0.1247 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 43 Bearing ----------- Dis - ----- tance ----- Northing/Lat -------------- Fasting/Dep -------------- 9379.614 49947.050 Start (POB) N 89°27'31" W 98.70 0.933 -98.695 9380.547 49848.355 S 00°46'01" W 55.00 -54.995 -0.736 9325.552 49847.619 S 89°27'31" E 98.81 -0.934 98.805 9324.618 49946.424 N 00°39'15" E 55.00 54.997 0.628 9379.615 49947.052 Closure in Lat/Dep: -0.001 -0.002 Starting Po int: -------------- 9379.614 -------------- 49947.050 Area: 5,431.7381 ft2 0.1247 Acres Map Check Lat/Dep: -0.001 -0.002 Starting Point: 9379.614 49947.050 Distance Error: S 63°26'06" W 0.002 Total Distance: 252.52 Ratio: 1:112930 Area: 5,431.7381 ft2 0.1247 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet 'AILLOW GLEN DIVISION 2 LOT 44 Bearing ----------- Dis - ----- tance ----- Northing/Lat -------------- Easting/Dep -------------- 9433.679 50046.271 Start (POB) N 89°27'31" W 98.60 0.932 -98.596 9434.611 49947.675 S 00°39'15" W 55.00 -54.996 -0.628 9379.615 49947.047 S 89°27'31" E 98.70 -0.933 98.696 9378.682 50045.743 N 00°32'29" E 55.00 54.998 0.519 9433.680 50046.262 Closure in Lat/Dep: -0.001 0.009 Starting Point: -------------- - 9433.679 ------------- 50046.271 Area: 5,425.7839 ft2 0.1246 Acres Map Check Lat/Dep: -0.001 0.009 Starting Point: 9433.679 50046.271 Distance Error: S 83°39'36" E 0.009 Total Distance: 252.30 Ratio: 1:27862 Area: 5,425.7839 ft2 0.1246 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 45 Bearing Distance Northing/Lat Fasting/Dep 9434.611 49947.678 Start (POB) N 89°27'31" W 98.60 0.932 -98.595 9435.543 49849.083 S 00°46'01" W 55.00 -54.995 -0.736 9380.548 49848.347 S 89°27'31" E 98.70 -0.933 98.695 9379.615 49947.042 N 00°39'15" E 55.00 54.996 0.628 9434.611 49947.670 Closure in Lat/Dep: 0.000 0.008 --- Starting Point: ----------- -- 9434.611 ------------ 49947.678 Area: 5,425.7838 ft2 0.1246 Acres Map Check Lat/Dep: --- 0.000 ----------- -- 0.008 ------------ Starting Point: 9434.611 49947.678 Distance Error: East 0.008 Total Distance: 252.30 Ratio: 1:31538 Area: 5,425.7838 ft2 0.1246 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 46 Bearing ----------- Distance - ---------- Northing/Lat -------------- Easting/Dep -------------- 9488.677 50046.790 Start (POB) N 89°27'31" W 98.49 0.930 -98.485 9489.607 49948.305 S 00°39'15" W 55.00 -54.996 -0.628 9434.611 49947.677 S 89°27'31" E 98.60 -0.932 98.595 9433.679 50046.272 N 00°32'29" E 55.00 54.998 0.520 9488.677 50046.792 Closure in Lat/Dep: '0.000 -0.002 Starting Po int: -------------- 9488.677 -------------- 50046.790 Area: 5,419.8296 ft2 0.1244 Acres Map Check Lat/Dep: 0.000 -0.002 Starting Point: 9488.677 50046.790 Distance Error: S 89°59'59" W 0.002 Total Distance: 252.08 Ratio: 1:126042 Area: 5,419.8296 ft2 0.1244 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 47 Bearing Distance Northing/Lat Fasting/Dep ----------- - ----- ----- -------------- - 9489.607 ------------- 49948.306 Start (POB) N 89°27'31" W 98.49 0.931 -98.485 9490.538 49849.821 S 00°46'01" W 55.00 -54.995 -0.736 9435.543 49849.085 S 89°27'31" E 98.60 -0.932 98.595 9434.611 49947.680 N 00°39'15" E 55.00 54.997 0.628 9489.608 49948.308 Closure in Lat/Dep: -0.001 -0.002 Starting Po int: -------------- - 9489.607 ------------- 49948.306 Area: 5,419.8296 ft2 0.1244 Acres Map Check Lat/Dep: -0.001 -0.002 Starting Point: 9489.607 49948.306 Distance Error: S 63°26'06" W 0.002 Total Distance: 252.09 Ratio: 1:112736 Area: 5,419.8296 ft2 0.1244 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 48 Bearing -- Distance - ---------- Northing/Lat -------------- Easting/Dep -------------- --------- 9543.674 50047.310 Start (POB) N 89°27'31" W 98.38 0.930 -98.376 9544.604 49948.934 S 00°39'15" W 55.00 -54.996 -0.628 9489.608 49948.306 S 89°27'31" E 98.49 -0.931 98.486 9488.677 50046.792 N 00°32'29" E 55.00 54.998 0.520 9543.675 50047.312 Closure in Lat/Dep: -0.001 -0.002 ----------- Starting Po int: -------------- 9543.674 --- 50047.310 Area: 5,413.8753 ft2 0.1243 Acres Map Check Lat/Dep: -0.001 -0.002 Starting Point: 9543.674 50047.310 Distance Error: S 63°26'06" W 0.002 Total Distance: 251.87 Ratio: 1:112639 Area: 5,413.8753 ft2 0.1243 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 49 Bearing Dis tance Northing/Lat Fasting/Dep ----------- - ----- ----- -------------- 9544.604 -------------- 49948.934 Start (POB) N 89°27'31" W 98.38 0.930 -98.375 9545.534 49850.559 S 00°46'01" W 55.00 -54.995 -0.736 9490.539 49849.823 S 89°27'31" E 98.49 -0.931 98.485 9489.608 49948.308 N 00°39'15" E 55.00 54.996 0.628 9544.604 49948.936 Closure in Lat/Dep: 0.000 -0.002 Starting Po int: -------------- - 9544.604 ------------- 49948.934 Area: 5,413.8753 ft2 0.1243 Acres Map Check Lat/Dep: 0.000 -0.002 Starting Point: 9544.604 49948.934 Distance Error: S 89°59'59" W 0.002 Total Distance: 251.87 Ratio: 1:125934 Area: 5,413.8753 ft2 0.1243 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 50 Bearing Dis tance Northing/Lat Fasting/Dep ----------- - ----- ----- -------------- - 9598.672 ------------- 50047.830 Start (POB) N 89°27'31" W 98.27 0.929 -98.266 9599.601 49949.564 S 00°39'15" W 55.00 -54.997 -0.628 9544.604 49948.936 S 89°27'31" E 98.38 -0.929 98.376 9543.675 50047.312 N 00°32'29" E 55.00 54.997 0.519 9598.672 50047.831 Closure in Lat/Dep: 0.000 -0.001 Starting Point: -------------- - 9598.672 ------------- 50047.830 Area: 5,407.9211 ft2 0.1241 Acres Map Check Lat/Dep: 0.000 Starting Point: 9598.672 Distance Error: S 89°59'58" W 0.001 Total Distance: 251.65 Ratio: 1:251652 Area: 5,407.9211 ft2 0.1241 Acres -0.001 -------------- 50047.830 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 51 Bearing -------- --- Dis - ----- tance ----- Northing/Lat -------------- Easting/Dep -------------- 9599.601 49949.562 Start (POB) N 89°27' 31" W 98.27 0.928 -98.265 9600.529 49851.297 S 00°46' 01" W 55.00 -54.995 -0.737 9545.534 49850.560 S 89°27' 31" E 98.38 -0.930 98.376 9544.604 49948.936 N 00°39' 15" E 55.00 54.997 0.628 9599.601 49949.564 Closure in Lat/Dep: 0.000 -0.002 Starting Po int: -------------- - 9599.601 ------------- 49949.562 Area: 5,407.9210 ft2 0.1241 Acres Map Check Lat/Dep: 0.000 -0.002 Starting Point: 9599.601 49949.562 Distance Error: S 89°59'59" W 0.002 Total Distance: 251.65 Ratio: 1:125826 Area: 5,407.9210 ft2 0.1241 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 52 Bearing ----------- Distance - ---------- Northing/Lat -------------- - Fasting/Dep ------------- 9653.670 50048.349 Start (POB) N 89°27'31" W 98.11 0.927 -98.105 9654.597 49950.244 S 00°42'32" W 55.00 -54.996 -0.681 9599.601 49949.563 S 89°27'31" E 98.27 -0.929 98.266 9598.672 50047.829 N 00°32'29" E 55.00 54.998 0.519 9653.670 50048.348 Closure in Lat/Dep: 0.000 0.001 Starting Po int: -------------- - 9653.670 ------------- 50048.349 Area: 5,400.5207 ft2 0.1240 Acres Map Check Lat/Dep: 0.000 0.001 Starting Point: 9653.670 50048.349 Distance Error: S 89°59'58" E 0.001 Total Distance: 251.38 Ratio: 1:251383 Area: 5,400.5207 ft2 0.1240 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 53 Bearing Distance Northing/Lat Easting/Dep 9654.597 49950.243 Start (POB) N 89°27'31" W 98.12 0.927 -98.116 9655.524 49852.127 ** Horizontal Curve: S O1°31'59" W 7.34 -7.338 -0.196 Chord pc-pt 9648.186 49851.931 pt 9655.524 49852.127 pc S 87°42'03" E 274.50 -11.012 274.279 Radial In pc-rp 9644.512 50126.406 rp Delta: 1°31'56" Radius: 274.50 Length: 7.34 Tangent: 3.67 N 89°13'59" W 274.50 3.674 -274.475 Radial Out rp-pt 9648.186 49851.931 pt S 00°46'01" W 47.66 -47.655 -0.638 9600.531 49851.293 S 89°27'31" E 98.27 -0.929 98.265 9599.602 49949.558 N 00°42'32" E 55.00 54.996 0.681 9654.598 49950.239 Closure in Lat/Dep: -0.001 0.004 -- Starting Point: ------------ - 9654.597 ------------- 49950.243 Area: 5,403.1728 ft2 0.1240 Acres Map Check Lat/Dep: -0.001 0.004 -- Starting Point: ------------ -- 9654.597 ------------ 49950.243 Distance Error: S 75°57'50" E 0.004 Total Distance: 251.39 Ratio: 1:60971 Area: 5,403.1728 ft2 0.1240 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 54 Bearing Distance Northing/Lat Fasting/Dep ----------- - ----- ----- -------------- 9708.667 -------------- 50048.869 Start (POB) N 89°27'31" W 95.85 0.906 -95.846 9709.573 49953.023 S 02°53'56" W 55.05 -54.980 -2.784 9654.593 49950.239 S 89°27'31" E 98.11 -0.927 98.106 9653.666 50048.345 N 00°32'29" E 55.00 54.998 0.520 9708.664 50048.865 Closure in Lat/Dep: 0.003 0.004 Starting Po int: -------------- - 9708.667 ------------- 50048.869 Area: 5,333.8313 ft2 0.1224 Acres Map Check Lat/Dep: 0.003 0.004 Starting Point: 9708.667 50048.869 Distance Error: N 53°07'48" E 0.005 Total Distance: 249.00 Ratio: 1:49801 Area: 5,333.8313 ft2 0.1224 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet --------------------------- WILLOW GLEN DIVISION 2 ---------------- --------- LOT 55 Bearing Distance ------------ ---------- - Northing/Lat ------------- - Easting/Dep ------------- 9709.573 49953.027 Start (POB) N 89°27'31" W 95.85 0.905 -95.846 9710.478 49857.181 S 05°46'27" W 38.54 -38.344 -3.878 9672.134 49853.303 ** Horizontal Curve: S 04°02'12" W 16.65 -16.609 -1.172 Chord pc-pt 9655.525 49852.131 pt 9672.134 49853.303 pc S 84°13'33" E 274.50 -27.618 273.108 Radial In pc-rp 9644.516 50126.411 rp Delta: 3°28'31" Radius: 274.50 Length: 16.65 Tangent: 8.33 N 87°42'03" W 274.50 11.009 -274.280 Radial Out rp-pt 9655.525 49852.131 pt S 89°27'31" E 98.12 -0.927 98.116 9654.598 49950.247 N 02°53'56" E 55.05 54.980 2.784 9709.578 49953.031 Closure in Lat/Dep: -0.005 -0.004 -- Starting Point: ------------ -- 9709.573 ------------ 49953.027 Area: 5,345.2932 ft2 0.1227 Acres Map Check Lat/Dep: -0.005 -0.004 Starting Point: 9709.573 49953.027 Distance Error: S 38°39'35" W 0.006 Total Distance: 249.16 Ratio: 1:38913 Area: 5,345.2932 ft2 0.1227 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 56 Bearing Dis tance Northing/Lat Fasting/Dep ------------ ----- ----- -------------- 9763.665 -------------- 50049.389 Start (POB) N 89°27'31" W 93.33 0.881 -93.326 9764.546 49956.063 S 03°09'40" W 55.06 -54.976 -3.036 9709.570 49953.027 S 89°27'31" E 95.85 -0.905 95.845 9708.665 50048.872 N 00°32'29" E 55.00 54.997 0.520 9763.662 50049.392 Closure in Lat/Dep: 0.003 -0.003 Starting Point: -------------- 9763.665 -------------- 50049.389 Area: 5,202.3602 ft2 0.1194 Acres Map Check Lat/Dep: 0.003 -0.003 Starting Point: 9763.665 50049.389 Distance Error: N 44°59'59" W 0.004 Total Distance: 244.23 Ratio: 1:57567 Area: 5,202.3602 ft2 0.1194 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 57 Bearing --------- Dis tance Northing/Lat Fasting/Dep -- - ----- ----- -------------- 9764.546 -------------- 49956.063 Start (POB) N 89°27'31" W 93.33 0.882 -93.326 9765.428 49862.737 S 05°46'27" W 55.23 -54.949 -5.557 9710.479 49857.180 S 89°27'31" E 95.85 -0.906 95.846 9709.573 49953.026 N 03°09'40" E 55.06 54.976 3.036 9764.549 49956.062 Closure in Lat/Dep: -0.003 0.001 Starting Po int: -------------- - 9764.546 ------------- 49956.063 Area: 5,202.5259 ft2 0.1194 Acres Map Check Lat/Dep: -0.003 0.001 Starting Point: 9764.546 49956.063 Distance Error: S 18°26'07" E 0.003 Total Distance: 244.41 Ratio: 1:77290 Area: 5,202.5259 ft2 0.1194 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet WILLOW GLEN DIVISION 2 LOT 58 Bearing ----------- - - Distance --------- Northing/Lat -------------- Easting/Dep -------------- 9844.287 49975.867 Start (POB) N 89°17'22" W 18.81 0.234 -18.808 9844.521 49957.059 S 00°42'38" W 79.98 -79.974 -0.992 9764.547 49956.067 S 89°27'31" E 93.33 -0.882 93.326 9763.665 50049.393 N 00°32'29" E 5.42 5.420 0.051 9769.085 50049.444 ** Horizontal Curve: N 44°22'26" W 105.20 N 89°27'31" W 74.50 Delta: 89°49'51" Radius: 74.50 Length: 116.80 Tangent: 74.28 N 00°42'38" E 74.50 75.195 -73.571 Chord pc-pt 9844.280 49975.873 pt 9769.085 50049.444 pc 0.704 -74.497 Radial In pc-rp 9769.789 49974.947 rp 74.491 0.926 Radial Out rp-pt 9844.280 49975.873 pt Closure in Lat/Dep: 0.007 -0.006 -------------- -------------- Starting Point: 9844.287 49975.867 Area: 6,259.3755 ft2 0.1437 Acres Map Check Lat/Dep: 0.007 -0.006 Starting Point: 9844.287 49975.867 Distance Error: N 40°36'04" W 0.009 Total Distance: 197.55 Ratio: 1:21427 Area: 6,259.3755 ft2 0.1437 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet WILLOW GLEN DIVISION 2 LOT 59 Bearing Distance Northing/Lat Easting/Dep 9844.521 49957.055 Start (POB) N 89°17'22" W 18.03 0.223 -18.029 _ 9844.744 49939.026 ** Horizontal Curare: S 48°14'33" W 100.60 -66.997 -75.045 Chord pc-pt 9777.747 49863.981 pt 9844.744 49939.026 pc S 00°42'38" W 74.50 -74.494 -0.924 Radial In pc-rp 9770.250 49938.102 rp Delta: 84°56'11" Radius: 74.50 Length: 110.44 Tangent: 68.19 N 84°13'33" W 74.50 7.497 -74.121 Radial Out rp-pt 9777.747 49863.981 pt S 05°46'27" W 12.38 -12.318 -1.245 9765.429 49862.736 S 89°27'31" E 93.33 -0.881 93.326 9764.548 49956.062 N 00°42'38" E 79.98 79.973 0.992 9844.521 49957.054 Closure in Lat/Dep: 0.000 0.001 -- Starting Point: ------------ -- 9844.521 ------------ 49957.055 Area: 6,225.8060 ft2 0.1429 Acres Map Check Lat/Dep: 0.000 0.001 -- Starting Point: ------------ -- 9844.521 ------------ 49957.055 Distance Error: S 89°59'58" E 0.001 Total Distance: 234.18 Ratio: 1:234180 Area: 6,225.8060 ft2 0.1429 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet ------- ------------------- WILLOW GLEN DIVISION 2 ----------------- --------- LOT 60 Bearing Distance ------------ ---------- - Northing/Lat ------------- - Fasting/Dep ----------- 10000.054 -- 49992.620 Start (POB) N 89°34'46" W 55.00 0.404 -54.999 10000.458 49937.621 S 00°32'29" W 99.72 -99.716 -0.942 9900.742 49936.679 ** Horizontal Curve: S 89°57'27" E 3.04 -0.002 9900.740 9900.742 -130.492 9770.250 S 00°37'32" E Delta: 1°20'10" Radius: 130.50 Length: 3.04 Tangent: 1.52 N 00°42'38" E 130.50 3.040 Chord pc-pt 49939.719 pt 49936.679 pc 1.424 Radial In pc-rp 49938.103 rp 130.490 1.616 Radial Out rp-pt 9900.740 49939.719 pt -0.457 36.837 9900.283 49976.556 -1.066 15.103 Chord pc-pt 9899.217 49991.659 pt 9900.283 49976.556 pc -130.490 -1.618 Radial In pc-rp 9769.793 49974.938 rp 130.50 S 89°17'22" E 36.84 ** Horizontal Curve: S 85°57'48" E 15.14 S 00°42'38" W Delta: 6°39'08" Radius: 130.50 Length: 15.15 Tangent: 7.58 N 07°21'46" E 130.50 130.50 129.424 16.721 Radial Out rp-pt 9899.217 49991.659 pt N 00°32'29" E 100.84 100.836 0.952 10000.053 49992.611 Closure in Lat/Dep: 0.001 0.009 -------------- -------------- Starting Point: 10000.054 49992.620 Area: 5,494.7700 ft2 0.1261 Acres Map Check Lat/Dep: 0.001 0.009 Starting Point: 10000.054 49992.620 Distance Error: N 83°39'35" E 0.009 Total Distance: 209.76 Ratio: 1:23164 Area: 5,494.7700 ft2 0.1261 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet -------- ------------------- WILLOW GLEN DIVISION 2 ---------------- --------- LOT 61 Bearing Distance ------------ ---------- - Northing/Lat ------------- - Easting/Dep -------- 10000.458 ----- 49937.621 Start (POB) N 89°34'46" W 55.00 0.404 -54.998 10000.862 49882.623 S 00°32'29" W 91.17 -91.166 -0.862 9909.696 49881.761 S 16°35'04" E 20.00 -19.168 5.709 9890.528 49887.470 ** Horizontal Curve: N 78°16'20" E 50.26 10.216 49.210 Chord pc-pt 9900.744 49936.680 pt 9890.528 49887.470 pc S 22°49'48" E 130.50 -120.277 50.633 Radial In pc-rp 9770.251 49938.103 rp Delta: 22°12'16" Radius: 130.50 Length: 50.57 Tangent: 25.61 N 00°37'32" W 130.50 130.493 -1.423 Radial Out rp-pt 9900.744 49936.680 pt N 00°32'29" E 99.72 99.715 0.943 10000.459 49937.623 Closure in Lat/Dep: -0.001 -0.002 -- Starting Point: ------------ -- 10000.458 ------------ 49937.621 Area: 5,668.3043 ft2 0.1301 Acres Map Check Lat/Dep: -0.001 -0.002 -- Starting Point: ------------ -- 10000.458 ------------ 49937.621 Distance Error: S 63°26' 06" W 0.002 Total Distance: 216.75 Ratio: 1:96932 Area: 5,668.3043 ft2 0.1301 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP BM.DWG _ Measurement Units feet ---------- ---------------- WILLOW GLEN DIVISION 2 ----------------- --------- LOT 62 Bearing ------------ - Distance --------- - Northing/Lat ------------- - Easting/Dep ------------ 10000.862 - 49882.622 Start (POB) N 89°34'46" W 55.00 0.403 -54.998 10001.265 49827.624 S 00°32'29" W 91.72 -91.716 -0.867 9909.549 49826.757 S 38°38'09" E 47.83 -37.361 29.864 9872.188 49856.621 ** Horizontal Curve: N 59°16'02" E 35.89 18.341 9890.529 9872.188 -101.938 9770.250 S 38°38'09" E Delta: 15°48'21" Radius: 130.50 Length: 36.00 Tangent: 18.12 30.849 Chord pc-pt 49887.470 pt 49856.621 pc 81.480 Radial In pc-rp 49938.101 rp N 22°49'48" W 130.50 120.279 -50.631 Radial Out rp-pt 9890.529 49887.470 pt N 16°35'04" W 20.00 19.168 -5.708 9909.697 49881.762 N 00°32'29" E 91.17 91.166 0.861 10000.863 49882.623 Closure in Lat/Dep: -0.001 -0.001 -- Starting Point: ------------ - 10000.862 ------------- 49882.622 Area: 6,377.4417 ft2 0.1464 Acres Map Check Lat/Dep: -0.001 -0.001 -- Starting Point: ------------ -- 10000.862 ------------ 49882.622 Distance Error: S 45°00' 00" W 0.001 Total Distance: 250.55 Ratio: 1:177167 Area: 6,377.4417 ft2 0.1464 Acres 130.50 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet ------------ -------------- WILLOW GLEN DIVISION 2 ----------------- --------- LOT 63 Bearing - ------------ -Distance - Northing/Lat ------------- - Eastin De --------g p 10001.265 --- 49827.624 Start (POB) N 89°34'46" W 56.97 0.418 -56.969 10001.683 49770.655 S 00°46'01" W 92.55 -92.541 -1.238 9909.142 49769.417 S 51°50'35" E 88.05 -54.399 69.235 9854.743 49838.652 ** Horizontal Curve: N 45°51'31" E 25.04 17.439 9872.182 9854.743 -84.498 9770.245 S 49°38'50" E Delta: 11°00'41" Radius: 130.50 Length: 25.08 Tangent: 12.58 17.969 Chord pc-pt 49856.621 pt 49838.652 pc 99.451 Radial In pc-rp 49938.103 rp N 38°38'09" W 130.50 101.937 -81.482 Radial Out rp-pt _-__-_------ 9872.182 49856.621 pt N 38°38'09" W 47.83 37.361 -29.863 9909.543 49826.758 N 00°32'29" E 91.72 91.716 0.867 10001.259 49827.625 Closure in Lat/Dep: 0.006 -0.001 -- Starting Point: ------------ -- 10001.265 ------------ 49827.624 Area: 7,424.9557 ft2 0.1705 Acres Map Check Lat/Dep: 0.006 -0.001 -- Starting Point: ------------ -- 10001.265 ------------ 49827 624 Distance Error: N 09°27' 44" W 0.006 . Total Distance: 310.48 Ratio: 1:51042 Area: 7,424.9557 ft2 0.1705 Acres 130.50 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP BM.DWG _ Measurement Units feet -- ----------------- WILLOW GLEN DIVISION 2 ----------------- --------- LOT 64 Bearing ------------ - Distance --------- - Northin Lat --------g---- - Easting/Dep ------ N 00°46'01" E 92 55 9909.146 ------- 49769.419 Start (POB) . 92.541 1.238 N 89°34'46" W 60 00 10001.687 49770.657 . 0.441 -59.998 S 00°46'01" W 149 02 10002.128 49710.659 . -149.007 -1.995 S 89°13'59" E 93 19 9853.121 49708.664 . -1.247 93.182 S 51°50'35" E 28 61 9851.874 49801.846 . -17.676 22.497 9834.198 49824.343 ** Horizontal Curare: N 34°50'49" E 25.04 20.550 9854.748 9834.198 -63.946 9770.252 S 60°39'31" E Delta: 11°00'41" Radius: 130.50 Length: 25.08 Tangent: 12.58 N 49°38'50" W 130.50 14.307 Chord pc-pt 49838.650 pt 49824.343 pc 113.759 Radial In pc-rp 49938.102 rp 130.50 84.496 -99.452 Radial Out rp-pt ------------ 9854.748 49838.650 pt N 51°50'35" W 88.05 54.399 -69.235 9909.147 49769.415 Closure in Lat/Dep: -0.001 0.004 -------------- Starting Point: 9909.146 49769.419 Area: 11,343.1461 ft2 0.2604 Acres Map Check Lat/Dep: -0.001 0.004 Starting Point: ------9909.146 -----49769 419 Distance Error: S 75°57'50" E 0.004 Total Distance: 448.45 Ratio: 1:108764 Area: 11,343.1461 ft2 0.2604 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP BM.DWG _ Measurement Units feet -- --------------- WILLOW GLEN DIVISION 2 ----------------- --------- LOT 65 Bearing Distance ------------ ---------- - Northin Lat --------g---- - Easting/Dep ------- N 51°50'35" W 28 61 9834.196 ------ 49824.344 Start (POB) . 17.676 -22.496 N 89°13'59" W 93 19 9851.872 49801.848 . 1.247 -93.182 S 00°46'01" W 55 00 9853.119 49708.666 . -54.995 -0.736 S 89°13'59" E 102 41 9798.124 49707.930 . -1.370 102.401 ------------ 9796.754 49810.331 ** Horizontal Curve: N 20°31'49" E 39.98 37.440 14.021 Chord pc-pt 9834.194 49824.352 pt S 78°16'52" E 130 50 9796.754 49810.331 pc . -26.507 127.779 Radial In pc-rp Delta: 17°37'20" 9770.247 49938.110 rp Radius: 130.50 Length: 40.14 Tangent: 20.23 N 60°39'31" W 130.50 63.947 -113.758 Radial Out r p-pt 9834.194 49824.352 pt Closure in Lat/Dep: 0.002 -0.008 Starting Point: 9834.196 49824.344 Area: 5,882.9106 ft2 0.1351 Acres Map Check Lat/Dep: 0.002 -0.008 -- Starting Point: ------------ --- 9834.196 --- 49824 344 Distance Error: N 75°57' 49" W 0.008 . Total Distance: 279.21 Ratio: 1:33859 Area: 5,882.9106 ft2 0.1351 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units feet WILLOW GLEN DIVISION 2 LOT 66 Bearing Distance ------------ ---------- - Northin Lat --------g---- - Easting/Dep ------- ------------ 9783.380 ------ 49808.266 Start (POB) ** Horizontal Curve: N OS°44'48" E 13.53 13.372 2.057 Chord pc-pt 9796.752 49810.323 pt S 84°13'33" E 130 50 9783.380 49808.266 pc . -13.130 129.837 Radial In pc-rp Delta: 5°56'41" 9770.250 49938.103 rp Radius: 130.50 Length: 13.54 Tangent: 6.78 N 78°16'52" W 130.50 26.502 -127.780 Radial Out rp-pt ------------ 9796.752 49810.323 pt N 89°13'59" W 102.41 1.371 -102.401 S 00°46'01" W 55 00 9798.123 49707.922 . -54.995 -0.736 S 89°13'59" E 96 88 9743.128 49707.186 . -1.297 96.871 N 05°46'27" E 41 76 9741.831 49804.057 . 41.548 4.202 Closure in Lat/Dep: 9783.379 0 49808.259 .001 0.007 -- Starting Point: ------------ -- 9783.380 -------- 49808.266 Area: 5,464.1849 ft2 0.1254 Acres Map Check Lat/Dep: 0.001 0.007 -- Starting Point: ------------ -- 9783.380 -------- 49808 266 Distance Error: N 81°52' 11" E 0.007 . Total Distance: 267.83 Ratio: 1:37877 Area: 5,464.1849 ft2 0.1254 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: 502026FP BM.DWG Measurement Units feet WILLOW GLEN DIVISION 2 LOT 67 Bearing ----------- Distance - ---------- Northing/Lat -------------- Fasting/Dep ------------- 9741.835 - 49804.064 Start (POB) N 89°13'59" W 96.88 1.297 -96.871 9743.132 49707.193 S 00°46'01" W 60.00 -59.995 -0.803 9683.137 49706.390 S 89°13'59" E 91.63 -1.226 91.622 9681.911 49798.012 N OS°46'27" E 60.23 59.924 6.059 9741.835 49804.071 Closure in Lat/Dep: 0.000 -0.007 Starting Po int: -------------- - 9741.835 ------------- 49804.064 Area: 5,655.2250 ft2 0.1298 Acres Map Check Lat/Dep: 0.000 -0.007 Starting Point: 9741.835 49804.064 Distance Error: West 0.007 Total Distance: 248.51 Ratio: 1:35501 Area: 5,655.2250 ft2 0.1298 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 11/14/2002 Drawing: S02026FP_BM.DWG Measurement Units: feet WILLOW GLEN DIVISION 2 LOT 68 Bearing Distance Northing/Lat Fasting/Dep 9683.137 49706.388 Start (POB) S 89°13'59" E 91.63 -1.226 91.621 9681.911 49798.009 S 05°46'27" W 4.17 -4.149 -0.419 9677.762 49797.590 ** Horizontal Curve: S 03°16'14" W 28.87 -28.823 -1.647 Chord pc-pt 9648.939 49795.943 pt 9677.762 49797.590 pc S 84°13'33" E 330.50 -33.252 328.823 Radial In pc-rp 9644.510 50126.413 rp Delta: 5°00'26" Radius: 330.50 Length: 28:88 Tangent: 14.45 N 89°13'59" W 330.50 4.429 -330.470 Radial Out rp-pt 9648.939 49795.943 pt S 00°46'01" W 12.00 -11.999 -0.161 9636.940 49795.782 ** Horizontal Curve: S 45°46'01" W 28.28 -19.728 -20.263 Chord pc-pt 9617.212 49775.519 pt 9636.940 49795.782 pc N 89°13'59" W 20.00 0.268 -19.998 Radial In pc-rp 9637.208 49775.784 rp Delta: 90°00'00" Radius: 20.00 Length: 31.42 Tangent: 20.00 S 00°46'01" W 20.00 -19.996 -0.265 Radial Out rp-pt 9617.212 49775.519 pt N 89°13'59" W 66.95 0.896 -66.944 9618.108 49708.575 ** Horizontal Curv e: N 89°27'51" W 3.05 0.029 -3.050 Chord pc-pt 9618.137 49705.525 pt 9618.108 49708.575 pc S 00°46'01" W 378.00 -377.966 -5.059 Radial In pc-rp 9240.142 49703.516 rp Delta: 0°27'44" Radius: 378.00 Length: 3.05 Tangent: 1.53 N 00°18'17" E 378.00 377.995 2.009 Radial Out rp-pt 9618.137 49705.525 pt N 00°46'01" E 65.01 65.004 0.871 9683.141 49706.396 East 0.00 0.000 0.000 LoT ~ 9683.141 Closure in Lat/Dep: -0.004 -------------- Starting Point: 9683.137 Area: 5,782.2850 ft2 0.1327 Acres Map Check Lat/Dep: -0.004 -------------- Starting Point: 9683.137 Distance Error: S 63°26'06" W 0.009 Total Distance: 303.11 Ratio: 1:33888 Area: 5,782.2850 ft2 0.1327 Acres 49706.396 -0.008 -------------- 49706.388 -o.ooa -------------- 49706.388 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: February 9, 2004 Re: Final Plat Application for Willow Glen Phase II Enclosed please find the Final Plat Application, and related documents for SUB-04-0012-YL Willow Glen Phase II, for the construction of 46 single family residential lots. Please review and submit comments to the City of Yelm Community Development Department, on or before February 25, 2004. If you have any questions, please call me at 360-458-8496. Thank you Tami Merriman R:\Project Files\SUB Full Plat Subdivision\Willow Glen 2 final\App Dist Memo.doc February 5, 2004 Ms. Tami Merriman Community Development Director City of Yelm 105 Yelm Ave., W• Yelm, WA 98597 RE: Set-aside bond/landscaping Dear Tami: As per our agreement, I am funding the existing cash set-aside bond to cover the cost of the hydroseeding and plant/tree placements at Willow Glenn, Phase II. 1 8000 square feet of Hydro Seed Viburnum) J~ ~' ~~-~~~`~ c~ Doug Fir trees) ~~ ~' ~s ~~ ~~% .=. Hornbeam) ~ ~ ~~ ~' Road Repair 50% increase Total Minus existing bond amount Additional funding needed Sincerely, r De~alascio, y Manager $ 600 ~~~.~ f~- ~~ l ~~ .~ -c~ ~~'~.v ~ G~ ~ fit'. ~~-'~. ~~~~ 750 ~~~~ ~.(~?~, `-?« 6,370 ~~~_ . $7,720 3,860 ~ tt $11,580 ~~-'-1' ~ ~-- 3,000 ~\ . ~ .~ / _ ~ , ~~ 8,580 ~G~D 1 ~ UJ y ~ ~~ C~ ~- ~ ~~ ~~~ 7~~ ~I Yelm Property Development, LLC DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WILLOW GLENN The undersigned, Yelm Property Development, LLC, a Washington company, whose managing member is Dennis M. Balascio, hereinafter Declarant, being the owner of all the following described real property in Thurston County, WA: Legal Description: Parcel A of Boundary Line Adjustment No. BLA00-8260&L as recorded on September 21, 2000, under Auditors File No. 3314745, records of Thurston County, Washington. Future parcel to be included: A portion of the NE114 of the SE1/4 of Sec. 19, Twn 17 N. 2 E., W.M. and a portion of the NWl/4 of the SW1/4 of Sec. 20, Twn. 17 N., R 2 E., W.M. Being a portion of Block 35 of McKenna irrigated tracts, vol. 9, Pg 43&44. In order to provide for the sound development, the aesthetic quality and the healthful condition of the aforesaid property and such additions thereto as may hereafter be brought within the jurisdiction of the Association, and so provide for control of the structures, buildings and improvement to be constructed on the property, do hereby covenant for their successors, heirs and assigns, and agree to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the afore described real property, and which shall be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used, occupied and developed in conformance with the covenants, conditions and restrictions set forth herein. ARTICLE ONE: DEFINITIONS For purposes of the Declaration, Articles of Incorporations and Bylaws of the Association, certain words and phrases have particular meanings which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Willow Glenn Homeowners' Association formed as a non- profit corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to tracts A, B and C as delineated on Willow Glenn. Common Areas shall also mean the property both real and in~~~u~~~~~u~a~u~ M~°w~:~.=. U-~ DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS OF WILLOW GLENN The undersigned, Yelm Property Development, LLC, a Washington limited liability company, whose managing member currently is Dennis M. Balascio, hereinafter Declarant, being the owner of all of the following described real property in Thurston County Washington: Legal Description: Parcel A of Boundary Line Adjustment No. BLA00-$260YL as recorded on September 21, ?000 under Auditor's File No. 314745, records of Thurston County, Washington. in order to provide for the sound development, the aesthetic. quality and the healthful condition of the aforesaid property and such additions thereto as may hereafter be hrou~ht within the jurisdiction of the Association, and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for their successors, heirs and assigns, and ag~cee to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the afore described real property, and which shalt be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used, occupied and developed in conformance with the covenants, conditions, and restrictions set forth herein. ARTICLE ONE: DEFIN]TIONS For purposes of the Declaration, Articles of Incorporations and Bylativs ofthe Association certain words and phrases have particular meanings which are as follows: 1. '`ACC" shall.mean the Architectural Control Committee, as described in this Agreement. 2. `'Articles" shall mean the Association's articles of incorporation and any amendments. ;. "Association" shall mean the Willow Glenn Homeowners' Association formed as a nun-profit corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. ~• 3 0 d "Bylaws" shall mean the Association's Bylaws and airy amendments. \ ti ``Common Areas" shall include but not be limited to tracts A. B and C as delineated ~^~ ~~ ~~' on Willow Glenn. Common Areas shall also mean the property both real and ~ ~~~ ~'~ IIIIIIfiICNllI!!11111!IIIII'al'illl9,lll~°~Illlllf'~ ~,~' 335841 S Paae ~ of 32 d?!8?!8x01 d9~18A Thurston Co, UA 15. "Owner" shall mean the recorded Owner of a Lot whether one or more persons or entities, but excluding those having such interests merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shad 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 lot 1 through 22 of Willow Glenn, and such other additional real property as may be brought within the jurisdiction of the Association by amendments to this declaration. 18. "Sale'' or `'Sold'' shall mean the date upon tivhich 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 Oile• Development Period. Dieing the development period the Declarant Willow Glenn shall appoint the sole director of t}ie 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 responsibilities, privileges and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shat( also appoint members to the Architectural Control Committee. At such time as dle Declarant has said and conveyed all lots, then the Declarant, or its members, may resign as a director of the Association and from any other committee for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in the 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 authoritti~ the Association shail have the authority and obligation to manage and adn?mister the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's IfI~iIIIII~~I~IIII~IV~IIINIIIIV11;~11.116411111~IP Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four• Delegation of Authority. The Board of Directors or the Developer may .delegate any of its managerial duties, powers or functions to any person, firm or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Termination of Develo .ment. Upon termination of the development period, the Declarant, or in the event the Declarer has resigned as a director of the association, then the Developer, in accordance with the bylaws, shall conduct by mail, an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, bylaws and this Declaration. However, in the alternative, not less than ten {10) nor more that thirty (30) days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give tivritten 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 tvlembers shall be called in accordance with the bylaws at which time Members shall then elect directors in accordance tivith the terms and provisions of the articles of incorporation, bylaws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of 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 mare 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. Member's votes cnay be solicited and tabulated by, mail or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: Conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby conve}' and transfer all of its right. title and interest in and to Tracts A, B and C. as shown on the plat of Willow Glenn, to the Willow Glenn Homeowners Association. The Declarant. however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation and control indicated elsewhere in this Declaration for the duration of the ~~'~~ ~~'~ '~' N =1 J ~`~ ~a ~v ' I~I@Nllllln~~~~~~!IIII'411NhIN'tlIIIIIIUI9N ~a. development, at which time this reservation shall cease and then be of no further force and effect. These tracts and any other real properties and improvements which are described herein are referred to as the `'Common Areas'' together with any easements which are for the benefit of the Association or Members which are also defined as being `'Common Areas" under the terms of this declaration. -- Section Two• Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the bylaws of the Association. ,~ ARTICLE SIX: MAINTENANCE AND CONINION EYPENSES ~~ Section One: Standard of Maintenance -Common Areas. The Association shall ~ maintain the Common Areas in a manner consistent with good building and nursery practices; and in compliance with all applicable codes and regulations. Together with all ~ w ich are for the benettt of all lot owners, the Common Areas include but are ~ ~~,~ easements h , , ~ ~j not limited to the following: A. Tract A, B and C at-e open space/storm water retention tracts described in and shown on the Plat of Willow Glenn. • B. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Willow Glenn; such easements are reserved for the benefit of all lot owners as well as easements that are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements of any other installations constructed within said easernenf 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 hail to conduct maintenance on this 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 w7iting of the maintenance required. If the maintenance is not performed within thirty (30) days of the day notice is deliverzd, the Association shall have the right to provide such maintenance, ~iInPIIIIIVihIIIIIIIIINIIIIII'VNfi~N'iilUlllll 6~9,'~. 10. lnteryretation. In interpreting this Declaration, the terns `'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 purpgse of protecting and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development Willow Glenn. 11. 'T'erm. This Declaration shall be effective for an initial term of 30 years, and thereafter by automatic extension for successive periods of ] 0 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. l2. 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 of 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 instnument is executed, whichever is later. 13. Method of notice. Any notice required by the Declaration or the Articles or Bylaws or the Association of the rules and regulations adapted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail. postage prepaid, or when transmitted by Facsimile. 14. 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 EIGHTEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended. and partially or completely revoked only as herein provided or otherwise provided by law. Section Two' Amendment by Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 7~% of the Lots have been sold to others than Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. lilllllll!II'~'llllpllllll!IIIIIIIIIIIfV!IIIIg~lllll ~~69~~«0~ Section Three• Prior Approval by FHA/HUD. Regardless of whether or not 75°% of the lots have been sold to other than Declarant builders, in the event - any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of 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. ~l~ 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 by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (1 Q} 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, t7fty-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: l . Voting rights; ~. 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; 9. Imposition of any restrictions on the rig}~t 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; Illlu!IIdl~B~lftlll~~lll'dill~lll~l4llll9'llllli ~~ Mar O1 2004 11:34RM Mike & Bev 360 894 5865 P •. 1 ... _.-. Page 1 of 2 µw,w.hudclips.org [s~~hl L~e+- List] I~.~Liex1 t List] j~ixe~.] Lp,~,v_DocJ [Cuir Doc] ~-~.J ILast Doi.]. ~9o~t~n1 j~l~] .Next Qnl3c1 Click aere..Por M8 Word.vereion of thi®_.Letter v. s. psaufwTxsw~r ohs socDxua sxnlusa~aoasvsi~oas:~r pF6ICE OF TH8 A8$iSTANT 88CRETARY FOR HOU3INa-FID8RA1' HOUBTNCi COMMI88IONER January 21, x003 MORTGAGEE LSTTfiR 2003-09 Tpe ALL APPgpVBD MORTQADT~E6 948J1C'T~ Elirt-iaation o! planned Unit Development (PVD) Approval Reguiremsats This Mortgagee Letter elieainatea the Federal Housing Administration's tFHA) planned Unit Development policies and proced~rea for approNing (D':7Dy projects. $llective immediately, 1rHA sill no longer require approval of a PUD ae a precondition for placing FEIA cnortgags insurance on a dwelling located in the development. Further, 3'SA will no longer maiatair- a fiat of approved PUDls. This Mortgagee Letter expands upon actions taken in 1993, when FHA published ,Mc~taaaee Letter 93-17 , abolishing a variety of PVD approval requirements described in Handbook 4135.1. while portions of 1~FIA'!1 guidelines were lifted, ML, 93-Z7 did sot remove all PUD approval requiremerite. [father, ML 93-17 atwted that YtTDa would still be approved "in accordance with outstanding inetructione relating to legal documentation snd homaownar sesoaiation budgets." Based on FHA's extensive axporienee with P~iiDs since 1993, the Department has determined that a detailed examination of the legal and budg8t documents aaeAlthough the PUD approval PUDe id no longer necessary• requirements will be eliminated, Attachment XIiofeHazidbooki4165h11atoaallepprtgagee onDpropertieee located in QtJDe. If you have any questions about this Mortgagee Letter, please contact your local Homeowaerehip Centers in Atlanta (888-696-4687), Philadelphia (800-440-8647), Denver (800-343-9378), or Banta Ana (888-BZ?-5605). 8lncaraly, ~i~G. ~/,e,,,,~ John c. welcher Assistant secretary for Housing- http:llwwwr,hudclipg.org/sub noahud/cgiMph-bre.cgi?d=MLET&s~-(a~docn8c1~10U8c5ECT... 3/1/2004 ~~ THE p+p~ .~, Ci o 'elm 4 ~M 105 Yelm Avenue West YEI.M P.O. Box 479 WASHINGTON Yelm, Washington 98597 (360) 458-3244 November 25, 2003 Yelm Property Development Denny Balascio 16440 SE Middle Road Yelm, Washington 98597 RE: Construction Punch list for Willow Glenn Phase 2 City of Yelm Project No SUB-02-8317-YL Dear Mr. Balascio: The following items need to be addressed before the Final Subdivision Application can be submitted to the Community Development Department. 1. The Middle Road sidewalk needs to have the sidewalk return ramps installed at both ends. 2. The Middle Rd. planter island needs to have the sod placed or hydroseed applied. 3. The Middle Rd. sidewalk has places where the back of the sidewalk has not been backfilled. 4. Middle Rd. needs to be restriped to reflect the new alignment of the roadway. The striping should be located along the new right of way centerline. This striping should meet WSDOT standards. 5. The utility box located on Middle Road needs to be raised to the new grade. You can submit a letter from the utility provider stating that the current grade is acceptable to them and no further work will be required. The number on the utility box is #YE02 PO1. 6. New monuments need to be installed in Middle Road and the intersections of Middle Road and the plat entrances. 7. The road signs and mailboxes along Middle Road need to be relocated 3' off of the pavement edge. 8. The asphalt widening on the south/west Middle Road has settled and separated away from the existing roadway. This will need to be repaired. Please contact me to discuss how and when this should be repaired. 9. All the stormwater catchbasins need to have the sediment removed. You may want to contact me for inspection when you accomplish this so I can inspect this before they fill up with water. 10. The planter strip located on the non-sidewalk side needs to be completed. 11. The mailbox clusters need to be set in concrete, mailboxes installed, addresses shown on mailboxes and concrete walkway installed around clusters. See City of Yelm detail No. 4-26. 12. The concrete patches around the utility valve boxes need to be sealed with asphalt sealer. 13. The cedar fence needs to be completed. It was under construction when this inspection was completed. The City of Yelm is an E.giral OpJ~orturaity Providc~t~ 14. At this time the water department has completed their inspection and no punch list items were reported. 15. At this time the sewer department has completed their inspection and no punch list items were reported. 16. The existing septic system should have been abandoned per Thurston County's code. Please submit the abandonment permit. 17. The existing home was expected to remain on side based on the land use approval. Please submit a copy of the demolition permit from ORCAA. 18. The existing well should have been abandoned per Department of Ecology requirements. Please submit the decommissioning information. Landscaping 19. The perimeter fencing needs to be completed from the east end of Lot 55 to the southern tip of Tract B. 20. The street trees were planted in the ground with the root bags still attached. The root bags must be removed. 21. Landscaping in the Tract C stormwater treatment area needs to be completed. Final Platting Requirements: I have included some comments from your subdivision approval that must be reflected on your final plat map and CCR's. A. Building envelopes for lots 35, 58, and 59 B. The driveway placement for lot 35 to be no further than 85 feet from the North property line C. The driveway placement for lots 58 and 59 to be no further than 30-feet from the South property line ~' D. Specific fencing restrictions for lots 35, 58, & 59 in the Covenants and Restrictions for the Homeowners Association, to provide for adequate sight distance E. Pay an open space fee in lieu of in the amount of $14,909.51 If you have any questions or concerns please do not hesitate to contact me at (360) 458- 8438. Community Development Department Respectfully ., ~' ~~~ Jim Gibson Development Review Engineer Cc: Grant Beck, Community Development Tami Merriman, Community Development Tim Peterson, Public Works Department Water Dept. Sewer Dept. City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Denny Balascio From: Tami Merriman, Assistant Planner Date: January 26, 2004 Re: Items still needed for Final Plat Application Hi Denny: Just wanted to remind you of some items still needed for your plat application. This list does not include the punchlist from Jim. Those items must all be addressed and approved before we can process the final plat application. Final Plat Application Fee $750.00 Open space fee $14,909.51 Signature on amended bill of sale Covenants, by-laws, etc. Need amended to include the fencing restrictions for sight distance, and legal description for Phase II. LID Segregation? Did you purchase ERU's for this site? If so, the LID Transfer and segregation needs completed and submitted with Final Plat. School mitigation Agreement Assigned savings for the landscaping on Tract B. If you have any questions, please feel free to give me a call. Tami R:\Project Files\SUB Full Plat Subdivision\Willow Glen 2 final\1.26 memo.doc Ol/27/200~,-~ 0 F~Aa,.,__560. 491 8308 r~oo2 - ~~ ~ ~ ~ ~ ~ CONDITIONALLY Ap AOVED ' `'" JAN 2 6 2004 ~ ~ FOR COM GE WITH O R C A q . ()~(`"iA-.~ .fi~'' ORC RE6U TI 1 ~ -~~~•~~,-• ~ ~' - ~__-__, _ -~ •~' • anon of Demolition Permit c~t`~~rn~oSm~ Yt is tmlaw[W for any person to carne or allow tfte detnotit~tt (or major re~vatioa) of tray strttctttr~ aaless alt mbcstos- contaiAing materials bare been removed from We area to be demolished. Work shalt not commence on au asbestos project or demolition unless the owner or operator has obtained written approval from ORCAA. A vrritten applicabton for a demolition shall include n certification that there is no known asbestos-containing material rP.tttaining In the area of the stracturc. Project Site Address: ,~~: X 22 ,~Dnt~ ~Pel ~~ CountY:•~c~C'Yiy~ City: State: ~iJ~ . ZiP=~~' Starting Date: ++~ ~ Completion Date: „ „~" '~ is a 10 working day adv ~ i5eatioa period fra®=eceiip< of pr~it application) Property Ow><ter: -~/,c~ T ~it> Telephone: c~G - ~.S 17-D~~Fax: -~~-dam®~f Iufailing A,ddl~oss: ,~(..~ z~ _~~~D~r ~Q.,l ~C~ City; Zi ~J= ~ State- 1l~~ p:~~ Demolition Contractor: State License #: Mailing Address: ,,~~/ ~L z /n~ r~r~<.~ ~ ~ J'~ City: V ~rn Stye: l~tr~ ----- ZtP~..~~' Contact Person: n I~..~r,~/ ~~t fJ~y,~Telephone: - ~_Fax: ~`,3"8! eC_S~' Demolition by Wrecking or Dismantling? 025.00 fee) check # Training Fire Demolition? (If yes, attach fire department request for training fire) Renovation, Alteration, Remodeling, Maintenance, or other Construction? ,Asbestos found or suspected* *Aa ORCAA "Notice of latent to Remore or Sncapsalate Asbestos" form and appropriate fee must be submitted prior to any asbestos romoval work. Asbestos removal projects involving detralition must be preformed by a CerdSed Asbestos t;ontractor and akl friable or potctuially friable asbestos must be rcmovod before atry darrolititm begins. Refer to ORCAA Re~tlation i Amick I4 for addiaonak requiretrrents that terry apply. Asbestos Sarrey Completed by AHERA Certified Inspector Certtfieatlon 'Ibis appt+m-ed peaYiit must be availnbk at the job site ORCM Bnclose X25 Proceesittg Fee Certificatian of the Asbestos Survey mast accompany this fonat 2940 B Limited Lane 1dW, Olympia, Washington 98502 360-586-1044 + 80p1k2.Z-5623 * fax 360-491-6308 homepage: www,orcaa.or$ • emaiL• infoCa~otcaa.ore F.\COMMOMFartas~isbesioslDrmopetmit.doe [Zcv. 10/!2/02 Dec 30 03 12:03p Grand Mound Licensing P.O. BOX 1001 AMERICAN STRIPING (360) 273-7966 & MARKING TO: Attention Denny Yelm Property Development 360 273 6275 p.l ROCHESTER, WA. 98579 1 888 500-7012 December 30, 2003 We propose to furnish NORLINE TRAFFIC PAINT (WASHINGTON STATE SPEC), AT 12 TO 15 MIL THICKNESS. ALL LABOR & EQUIPMENT necessary to complete the following job at; SAME SCOPE OF JOB, MARKING, STRIPING A. LAYOUT & PAINT CENTER LINE APPROXIMATELY 1000 LINEAL FEET YELLOW TRAFFIC FAINT WEATHER PERMITTING TOTAL AMOUNT BID 325.00 B. PRESSURE WASH PREP IF REQUIRED 185.00 State Sales Tax will be added too the total billing. Payments to be made are, 40$ down to start, when job exceeds $1,500.00. Should 30 days pass due to inclimate weather conditions or the size of job. Draws will be ask for based on per cent of work completed. The entire balance of the contract to be paid within l0 days after of the billing date. Thank you for the opportunity to price your work. Respectfully W. Gene Gugler ACCEPTANCE You are here by authorized to furnish all materials and labor required to complete the work mentioned in the above said proposal, and according to the terms there of. TOTAL JOB $ Accepted By Dated WA. STATE LISC. AMERISM0660Z FAX. 1-888-800-4749 COATINGS SINCE 1970 f't r 'i~~ .,~ Ms. Tami Merriman C 1 ti 1403 City of Yelm 105 Yelm Ave. Yelm, WA 98597 RE: Landscaping of Tract B, Willow Glenn Phase II Dear Tami: I am proposing landscaping tract "B" with a mix of fir and Hornbeam in a ratio of 5x1 with the trees planted at an interval of 15'. That is, five fir to each Hornbeam. Each tree is to be 1.75" in caliper and will have a viburnum burkwood (3-gallon container) on each side so as to fill the space between trees. As we plan to use the north side of tract "B" for access to the lots for movement of construction equipment, I propose to include the cost of the landscaping for that side in the bond we will post for the required hydro seeding. We realize that the bond amount must represent 150% of the estimated cost. Please note that the east side of tract "B" has a bench of 8' rather than the 10' that we have on the north. Therefore, the trees will be located along the upper edge of the retention pond as far from the fence as possible. Fencing on the west side of tract "b" will take place after Lot 60 is built out, so the fence on that border will be the usual 6' wood type. Please note that we plan to construct a 4' chain link fence along the south side (adjacent to the sidewalk) 2' from the sidewalk edge following the contour of the radius. There will be a gate (12' opening) sufficient for a vehicle to enter the retention pond for any necessary maintenance in the future. If you have any questions or comments, please call anytime. Sincerely, Denny Bala cio, Manager Yelm Property Development, LLC i, ~ ~ ~~ !, t: V: MV 1 •'' Q ~ibu~'num(sy) _j F. ~ (~3) ~v~ 5 ~ ~ ~ "r3 " . j=ice ~ g ~ da. ~ n ux--- ?/~~ :77 V<<aluf X l~~~e ~-- ~ ev~G ~3 _ °'' , ~ .~ f ~. .. __ i DEC-11-2003 01:34 PM THE PLANT CENTRE 360 943 5633 P. 01 1'he Piaat Centre 9510 Old Highway 99 SE QtIOt@ Olympia, WA 98501 (3130) 943-0485 ........ ~ tuber (360) 943-SG331Fax 8 a.~omer Number 02/1(11 0 3 , 100-10007 Yelm Property Developeme~t, l_LC Yelm Property Developement, LLC c/o Dennis Balascio 21709 96th Ave. W. ~ ; 21709 96th Ave. W. Edmonds, WA 98020 ' Edmonds, wa 98020 Ph.(42S)778-7211 Ship Via Terms ~anccl Datt Salesperson Customer PO Original Order Number Cash/Chk 1 211 1 /2003 DB _ __ -_---__ _-I ',_.____.__._____..._._......__..._... CAAJAPCIO 4 0 Cerpinus japonica CtU 45.00 0 % 180.00 Z C"!0 NA 52612 23 U ~ Pseudotsuga menziesii EIB6/8 1 l' 35.00 p °~ RUS.00 3 l~-AJt. ' ""~ NA VIBX.BUCS S4 0 Viburnum x burkwoodii CS 14.23 0 % 769.3(1 4 CS NA row wc~yu: o tan Told Vnlume: o cu rt subtotal: 1751,gj FreiBltt: 0.01 Outer: 0.00 7.a0 •/. 5sles Tax 1:: 13~.Ss 0.00 •/. Sales Tax 2: Q,00 Discount: _...__...__.--.-.-- .00 Charge Card: f'.xp [)wte: r^- Thank You Total: ~~;~; ~. _ ~,:, Pape 1 r ~* U) ~- 0 ~ i bu~'num (~'~~ F. r (~.3) j CSV1 `.~ I L~ E "Q " 4 a=ir 2 3 ~ s d;i r Jiurn ~ ?,3~ ,77 v~-Line x 1 ~® ~e ~ poy~ ,r3 `, Ili---~ n X // \^_J i i `~?' i.- ~ _-- - ~- ~ Comcast Cable Inc. December 8, 2003 Yelm Property Developers LLC Attention Denny Dalascio 16422 Middle Rd SE Yelm, WA 98597 Dear Mr. Dalascio: Thank you for your inquiry in regards to our power supply located at the intersection of Cascadia Ave and Middle Road in Yelm. Our power supply does need to be raised 12" to meet grade level and we have every intention of taking care of this situation. It is in Comcast's best interest to raise our power supply to specific grade level and make every correction possible to be in compliance. We have submitted the necessary paperwork in order to make the repairs and intend to take care of this situation by February 1, 2004. Please resume business as usual If you have any questions regarding this matter, please feel free to contact me at (360)705-2537 x3349. Sincerely, l Shelly Garlick Technical Operations Manager 440 Yauger Way SW Olympia, WA 98502 11112!2003 14:36 253-847-9623 TACOMA PLMP&DRILLING PAGE 02 ~~ 'ate ""~ WATER WE o ~ ~ LL REPORT ~;~~~ ,. . _ secaw cony - owaars coax STATE of WASHINGTON water Ran t No WA TtiMrl c0atr - . oov+~ - - - - - (1j OWNER: irlome ~~ ~~ ~1Z~tA.~ ..YIG#~~120 (2) LOCATION OF WELL: CowRr ~~_ - ~IIIL tx ~ 114 Sec _~ T. ~ N.,R ~_ w.ru. (Za) STREEf' ADDRESS OF 11YELL.{a nsamat ~ddieael 1~,~...Y (ISdLR$!r~lt. Y~e.~lE,ri~7 TAX PARCF:t. NO. M'~~~ (3) PROPOSED USE: pnomdtin ^ Q~~ (10]t WELL LOO ar DEGOMM11S9IONIMG PROCEDIMiE TION: . d QNripsgon ~TM Wdl ut)lhex DeVVater anaaenn- eir orrnere~N »e. eid sn nMrr. M er ~BrrIM h aav+staNn PnMeaMa. vin at ~ arw arty rtr aoeh CtwnOs dMMnaaa~ kid~waeaWeMr~nmunlar~a (~) TYPE OF WORK:. t>w~a rallllbsrdwelt (Mmore Thanane) _~ WTERW. F TO pl~lar.t+velt tieatho~ QDs~ DDS De«~ Tf~s . ' ^Reoanauoeee Ocabla []DrMa- foot' -0 . _ ©~ ~ ^+~ ~ --- -- -------- -.~.~-__e (s) t~NSIONS: piart~aardwee 12 lachea. (8) CONSTRLIC7KNr DETAILS: CasMtg 11»talled: ~ _ ~ Dkun Rorn R b a n ~ ~ - niem. nom it m _ s. Ttrae~d " Diem. tram R b -" 1R PerfOrabions: ®Y~ I_{Na . type M pMtoratar used )~iJj~I nifR SIZE d Pew 3Ie ~- ~ ~ ~ 848 a Uam 0 e• ~ 212 R. peAbratlona Hrnn A, b R pennroron. twat . n. b . tt ticrristle: ^Yea I$INO Dic~ac tooatia+ Manuted~aers tpane gyps tiAodat N0. Diem. _ sia ®e _ nom R t0 a tbam. Slot alts Rom a b R (irrpackedk ~YSC ®i?b [] SQAdpreYWaeM r IlReleriei plead Rom - K b R. Syrfiloe awaG• OYeg ®tMO TO what dapr-? - R NAat011a1 uaad in eepl ~d erry s~ t~rdafn uraata6k waters Yes No -.- TYDe Ot uOtar7 Dept d aHata MaahOd d seal9~ strata oR (7) PUMP; M+a's Hartle Type; N.P. (8) WATER LEVELS: ~ ~ ~- SbMlc krd ii a bNoia top atwep Dale ~(~~~ Artsslar- praeaune Iea. pay aquers ia~h Oats Ark.Bler-weterie oonimlled b11 (9) N1ELL TESTS: warrda~.r- r amount aa~ler kwet to b..erad ealow amee Mvel Waa a pump ta51 made? hYes `7~-b k yes, by whom? _ Ylatd: . pal.ktpn. whh R drdwdOwn aRer ~ hrs. Yield; yaUmM. v.ri tt dr8lNdorn alter hm. Yield: 9elfilln- wln- ~_ R drawdOrrn aNrs ~` nre. Recovery date (tirep taken as zero tdaarr pump turned off) (wept Feve! reaarretl hom well top b webr fever) Time Wetecl suet Time water t.evel rme water ~ Dated'test _~ eeNe- trsst pa1.A+rln. wllo R. drawdowrl aRer Ivs. Aitbet ^~-oel.mwl. wiq~ etgq tW at R. iqt 11rs. AMeaianbw ~_ g.p.m. Oafs Temparaeae otwaler Wee a eHernlcal arelyaes nude? DYaa metro work &anad ~Mb1- . s. connpleaa ~/~~ , t9 WELL CONSTftIfCTIOk CERTIFICATION: t oorokewted aMNx eooept reapor~Mly for eonsta+~on of this welt. amt tie compAaroe whh aN YVed~glon wan oonahucdon sfa+darde. Materials uses and tlls ntlan+albn IBfItMiBd ehaR ars Hue b my best knoriAedps and ballet. type a<t~ Name ,Iamxte Vwea1N uce~ ~ ~EL~. nxayb tLweuEnpee~rt Trainee nlsme llcerus No. ~"ef8 ~t.~~V~m~LL ` No. lo~z-~. Regrstraion No. j,O,O,QYPD PF Deb ,~241'ZQQ,~...19 ~usE Aoamowu. sH~Ts ~ NECESSARY) Ecology re an Equal Opporitulity eat AffirnratM! Action employee Fot apedal aooprrat10l1aiien needs, Contact the Way Rasonrces Prpgram pt (3gp} ~Ot-0600 The TDD number Is (360)1D7-9DOti. 11!12/2003 14:36 Fite O^01^al and Fkot Gopp wNl- Dapattrrtant eF EcatopU ow.r.ra copy Tmd~cooy a Dopy 253-847-9623 TACOMl~ PIRiP&DRILLING rrwc n3 Wotloe of Infest AEOQ562 _ WATER WELL REPORT UNIQUE WELL I.D.: wA sTA~ 01= wATOrI wafer P~ No. _ (1~WNER: N9M8 ~. ~ ~ 1a ~~ to sea ~- T. ,.7 N..R ~~_ W.M. (Z) LOCATION OF WELL: Co~+Ot (2a} STREET ADDRESS OF Wd- (arnarearadan•) ~~erwt:eaf - - 4 TYPE OF WORK: p~tef'a nulrber a wan to Inge t+an Drys) (} ^NewVMett frAsBndr ~-,..~; Diattrri4eldwen $ ' (S} Wor~MiaaEI~NS. fem. ~ a d wd 2~ ~ (6) GON3TRUCTION DETAILS: ~~ ~~~' it b O " Oam. il~Om _ '~-- R b tt. R • Otani. *om oLiner MstaNeo . t»wlr {„~ 1L b - tt TlNeadatl ~; (1Yes DNO tf. erlbretor~ ~n~ ~ of T __ _- a ype p in by Q SRE of - ~ ~ tt to ~.,.-- P ~ R. ~- 9om _ tt b ~__ _ e- A partoradorra nam ~,-- fl to . screens: OYea C~ OK-Pacf.oceYon M NatM titdel No. slot sxe rrort~ R. oo K clam. Sbt size nom tt to ~~,,.^ ~ brat ~<D'~ Mstef W plsoed Wool surfawesa>ii: DYac ®No Towhateepn-7 tt wed in.eW tXd any ttlrald twtltah an~eb~ 7' Yes X No Type Of w~l Deem of orals Iesthod d seaal9 attata oR (t} PUMP. ~a lease 1Ype' . (a) WATER LEVELS: ~ 3,~s n. _ ~ R. bdaA! top W w~eN ~ Attet;lan~ptt:eawe ~ ~ Pa r+~ inah Dale Anealan wafer a ooMroned by (9} WELL TESTS: D'aw°°wr' ° amaatt,naesr Iavet k tovrsred Ndow atalc loyal waM a w~P ~ rr~ds' [!Yes ®No gyes. w~+ Yield: 981JIItin. witl+ ti gewgaws atler Irs. Yield: t#~~• r'~ ~ drmMdawn a11sr trra. Yield: gpllmin. wih A. drawdown a1Mr -- _-- M3. Recovery date (time taken at faro when pump batted dt} plealer rewrl at~ataed ttom wen top to vtater itwd) Tht~ Vlhter LeVd Time Water Lsvst 111tH !blare( Lane) «~ - ealMr lei O~mR• vAtt- _ d- dmaUown suer tva. Airlast psthnln. wlYr team aN at !L for _ tFrs. Atpysn ia~w 9-P-n-. Date T~„~,~„,a ~„~ ~ w.s. dwmial arlalyaas nreda~ pYea ®No H.P. YVOtIt 3taRtd '1/2~ . 19• ~~~~~-- ' 19 - Ll ~~ s, p R WELL CONSTRUCTION CERTIFICATION: 1 Wasbaaled a1101Dr ac:oep[ rah for canstrtFdlolt of dlla weA. sod iM cwrpiaravtnlt ap Nhah"r191on wd eomnl+ctlen atrtndatds. ~Aaietielo hoed and ors irrtomtallort reposed above are 7nte fo my beat kFtOltledge efm deGet. Type a Print Plaltla ~aRall LI[arue ~ ~~ No.~s.d a~Erorwert tines t+o. DARtrp CompenY w~~l Address _~ h„µ. WA 9A33~ ---. RapabacoA tee. SA~a11eLlZits~ Data ~t41RINl.~.-• t s _ (USE ADDtTIQNAL SHEETS IF Wf:CESSARY) laotogy i9 an E~sl OppoRunky and Affirmative Action empbyer. For s ~, nesda, conaaet the Wafer Rettouroea Program of (960) 40?~600. The TOD number M (360) 407-6006. TAX PARC>=L NO• PROCEQUI~E DESCRIPTIQN: s pROPOSt_D use: ^ D C1~ +o fNELL LOG or DECOMIMSSIOIa>1~ ,~, daraar.r.s~« l) Qrygap, pTeatvlka D „~,,.~w~w.rwa+..~~•r..o«wr.~twntiawrona.~n~~ December 1, 2003 Ms. Tami Merriman City of Yelm 105 Yelm Ave., W Yelm, WA 98597 RE: Sod/hydroseed, Willow Glenn, Phase II Dear Tami: As you already know, the application of hydroseed in the planter strips cannot occur until spring. In earlier conversations, you told me that the city would accept a cash bond in lieu of lawn seeding at this time. Accordingly, I am submitting a bid from Davis Hydroseeding that represents the expected e~~ense of completing this part of the development. We know that the cash set-aside bond is an amount that represents 150% of the anticipated expense and stand ready to submit a check to the City of Yelm in that amount. Please feel free to call me if you have any questions about this matter. Serely, ~~ Denny Ba ascio, Manager NOV-06-2003 04:56 AM DAVIS.HyrDROSEEDING.INC 3607450446 DAV1S HYDRASEEDING, INC. l63 CREGO RIDGE ROAD CHEHALIS, WA. 48532 Phone:(360)748-0446 Fax:(360)748-0446 August 8, 2003 PROJECT; Yeim Froperty Development, LL.C Item; 8000 SF Seeding, Fertilizing, and Mulching Total Price: $600,00 + tax Bid includes one mobilization. $250.00 per additional mobilization. Bid does not include tax, ground prep or watering, Contractor to provide water for mix. (Fire Hydraunt) Subject to water availability. Quote good for2003 seeding season Thank You P. 01 Rod Davis DAVIS HYDROSEEDING, INC. ., SKILLINGS CONNOLLY November 14, 2003 #02026 ~~~~ ~~~ ~~~ j ~i . ~ '" ..i`~~ ~~~~ ~' ~ ~i~ Tami Merriman, Planning Technician ~ ~„0 City of Yelm ~~ P.O. Box 479 Yelm, Washington 98597 ~ ;,C ~~,1~ ~', ~~`\~~ ~~til~ ~l,'w RE: Willow Glen Division 2, Yelm Project No. SUB-02-8317-YL Dear Ms. Merriman: On behalf of the applicant, this letter is to provide you with a summary explanation of h~ Hearing Examiner's conditions of approval and SEPA mitigation have been or will be met. In reference to the Report and Decision of the City of Yelm listed under Item #6 under Concl sions. r ~ ~~ ~_~ Conditions nos."~~, ~,~,ri3; !1~, 14, 1~, 1• a part of the submittal and appro I of the civil p~ l~ 17 18, 19, 2~ 21, ~ and have been met as ns, storm water report and th~final plat. The applicant has paid the open space "fee in I eu oP' as required by condition no~ The final plat shows conditions nos. ~ and s required. Condition noes ~~a--d--''dressed in the ~~~ Covenants and Restrictions of the Homeown is Association under a section regarding fences and ~" -~ walls. iTf~ie final plat shows a note referring t this specific restriction on fencing, walls and shrubs ~~ ~ which applies to all lots in the subdivision. ~~~ / ~ Conditions nos.ig, and 3 refer to fees that are to be paid at time of building permit issuance. ~- If you have any questions or if we can be of further assistance, please call and let us know. Sincerely, SKILLINGS-CONNOLLY, INC. Consulting Engineers T. Patrick Fox, PL.S Project Surveyor TPF:pu g:lproject12002102026111-14-03 Itr to planner.doc CIVIL • TREiNS~Ot~TATION • ENVIt~ONMENTFiL • CONSTrZ(ICTION PO i3ox 5080 LacQy, Washington 98509-5080 3b0-491-3394 1-800-454-7545 Fox 360-491-3857 E-mail skillings@sldllings.<om www.skillings.com W O Z x~ ~ n m O~ ~nm D~_n nnIZ ~ n~n~nn IZ C7 NW 00) Dm WD mv16~7 acnaWN-. 16~ p CD r X Otid (7O~ ~~ C ~ Z mN ~n ~ \yy~~ ST r 9 W 2C mmD ~ oo ~ v.+mrwir.°~a ~ N `N I ~ N g a e~ N m ~ to ° ~ o o lv y o cn a cis ni ui Iv r- N to N O G.>'~ ~ n N y~'.~ o I ~ C ~ 0 0 I~ O O~ b N N b II`1 _ C7 ~ WW "_: f~ car~iN <<~~~ Z ooi~~ ni-:crio~o i~ ~ ZW ~C ~ ~ a ~ro ~ ~? 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