The URL can be used to link to this page

General FilesPAID JUL 1 4 2005 City of Yelm CITY OF YEL~oice No. CDD-05-0133 Community Development Department INVOICE - - Customer Name Landshapes NW Address 1151E 112th City Tacoma Phone State WA ZIP 98445 Hrs _ Description 43 Engineering Review and Inspection Fees Payment Details O Cash O Check O Date 07/11/05 Order No. Autumn Hill II Rep Subdivision FOB Unit Price TOTAL $54.00 $2,322.00 SubTotal _ $2_,322.00 Shipping & Handling $0._00 Taxes WA TOTAL $2,322.00 ,f T~E~,9«' CITY OF ' yy ~~ YELM ~~ i ~ ' ~~ ° O. Box 479 -~;~~, b'+,A 98x97 RECEIPT No 3 7 3 0 7 I i ~~~x 36C-'' 18-8403 . ~r--.~_~ y - m - :-~ ~;,~ ~r:c;;s~:~T_ Tx~EL x~:~r~~~a L~,:~~r;- ~;r,, ^_~..~:~ ti i :~ L.;~ .,~y.A,s ', RECE _ IV ED FROM DATE REC. NO. AMOUNT REF X10 ~ ~ * ~'~ y h.~ :_ .~;~ A ~ L :~ N r'I ~ 7 f' 14 ,' X15 ? , ~~) ~ . , ` - -~ T ., ~ ., -, ~ ' ~ J ._ L ~ ~J~ C~ v ~.. Ci T ^'T ... ~ _ ~ ~ l.-~.. .. ?V~L+~J~i C'1 ~.i ~+~~ T~ p ~~ d YELM WASHINGTON June 23, 2005 Paul Lubbesmeyer Landshapes NW, Inc. 1151E 112th Street Tacoma, WA 98445 Dear Paul: City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 The Community Development Department has reviewed your request to change the Autumn Hill II land use approval #1 which states "Lot # 8 -Driveway faces west, house fronts north". This condition is based on vehicle safety entering and exiting the driveway. Having the house front on Birkland Street meets your request of having the front yard setback from Birkland Street, and allows the rear yard setbacks to be met. This also meets your request to serve utilities from Birkland Street. A house plan that utilizes a "side load" garage will meet the land use requirement, and all setback requirements. If a street tree is located where the driveway will be, the tree may be relocated or removed as needed. Based on your request, and the fact that all setbacks can be met with the above requirement, the Department upholds its condition as stated in the land use approval. If you have any further questions, please feel free to contact me at (360) 458-8496. Sincerely, Tami Merriman Assistant Planner Department of Community Development (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us *************** -COMM. JOURNAL- ******************* DATE JUN-23-2005 ***** TIME 21:26 ******** MODE = MEMORY TRANSMISSION FILE No.=921 STN COMM. KEY NAME No. 001 OK s START=JUN-23 21:24 END=JUN-23 21:25 STATION NAME/EMAIL ADDRESS/TELEPHONE N0. PAGES DURATION 912535379163 ***** DP-3520 ********************** -Yelm CDD 002/002 00:00:19 -Yelm CDD - - ***** - 360 458 3144- ********* 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 TO: ~Q lt.,l FAX!!: 053 -53 7 - 9/(03 FROM: ~~~ $unj ECTi COMMENTS: DATE: ~/S'U~O~ PAGE5: ,~, including this cover sheet. `" 1F YOU DO NOT RECEIVE ALL COPIES, OR ANY COPY IS NOT LEGIBLE, PLEASE CALL (360) 456-3835 AS SOON AS POSSIBLE. R:\TcmplatcslBL1NK FAX TRANSMISSION.da Jun 21 05 02:53p LUBBESMEYER 253 537 9163 p.l LANDSHAPES NW, INC. rncslmii,l; lKA1~5MI"1'"f AI. SFIE~T ATTN T0: FROM: Tami Merriman Paul Lubbesmeyer COMPANY: PHONE NUMBER: 253!537-6370 CC: DATE: 06/21/2005 FAX NUMBER: TOTAL N0. OF PAGES INCLUDING COVER: 360!4,5&3144 2 R E: ^U RGT:1~T CAS FOR REVIEW L]PLEASE COM'~1LNT L]PLEASE RL•.PLY r ors r con t_~s.~v~i s: If you have any quesfions, please call me at 253/537-6370 ]1.51. F 11?~H 8't`, Tt1C'OTIA, WASHINGTON 984-15 PH 233 53 ~ -6370 FAX X53 337-9163 Jun 21 05 02:53p LUBBESMEYER June 2l, 2005 City of Yelm Community Development Department P.O. Box 479 Yelm, Washingrton 98597 Attn: Tami Merriman Dear Tami; 253 537 9163 Please reconsider the recent ruling of having Lot 8 Autumn Hill II entering off of Untanum St. SE rather than oil of Birkland St. SE., as originally planned, for the following reasons: I . With the front drive setbacks being a minimum of 20' and the back yard set back being a minimum of 25' the width of the building stamp for this lot (Lot 8) would be a maximum of 1 l' given that the lot itself is only 56' in depth from Umtanum Street. 2. The utilities have been stubbed from the Birkland street side of this lot to service the proposed home. 3. The street trees were laid out and planted with the driveway coming in off of Birkland Street. For these reasons we would like to keep the driveway and the front of the home facing Birkland St. as it was originally designed. Thank you for your time and consideration in this matter, please call me if you have any questions. Sincerely, `;; C4~ Paul Lubbesmeyer Landshapes NW Inc. p.2 o~ ?~ ~~ 0. •to wws~oroM 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 TO: ~Q t~., FAx #: X53 -53 7 - ~/(~3 FROM: .~ 1 ' c,~w~. (li TT 1T l~T JUD~jDI.l: COMMENTS: DATE: ~/~'~ D~ 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:\TemplateslBl.ANK FAX TRANSMISSION.doc ~l - ~ ; TRACT A r~ .~ - / / % ~. _, r `` i __ ~. , -~ ', •~ - -- ( » ,~ ~~ ~1 ~ \ \\ \ ~ y 1 "~ ~ ~ \ ~i X 7T~,, ~ / \ •V i/ `~ ~ I ~ _ ~ W ~ ~ ~ ~ ~ ,' - ~ ~ i " ,, ~.I , i __'- __ ., ~ 9 _ 20 QO i~,.f __ Zt-1-~ `"y~I~' kJ t~l ti7 ~__~` r..J~'`L'JL -- ___~` ~ 1( ',," -L~ }.., \~\ ` ~\ ~ ~ • .. ,. .. 1; ~/ ~ ~ ICI ~ ~ 4; ~~ _ __~ ~~_ ~. / ' a- ! ~F ~~ ~ t ~! I it ~ I . N I' ~ A ~ ~ ~ ~~~ / ~ ; IfTI~ 1 j ~ I~ 0] 1~ 2~~ Zr ~ // ~ rYfl~`I ~f I i F.* UO !.. ', o~Z n; ~a ~, ~ ~ I ~I I~.t.V,:I ~I ~~ ~ ~..! t m !~.' rr`d°m Ana ~ ~ / ~ / ~ `~~~~` ,- J C ~T' ~ z'~ ~I _ f _ \ ~ j' ~ ~I Z .-~~cli p Ft ~ ~ t~9, ~ / _ ~' ,f~ I. ~ ~ .. _ ~ / ~- ;' • ! ~ ~ .-:: -_~ r ~. ~ Vii: ~~ ~ `~ / ' I ,f' z ~ ~ o // ~ ~ / ~ ~. 'rrv y~ fD1m AAC ~m Z oy0 < DTD;~N~y~yppAy <mplQv~C ~SCc_A~N ~~~~n~ D^ ";SO~ ltl y~p~p ~NJ ~SZ~oo~~ ~ti2~A~ ~~~~~~ A ~g~;8b mm o m~$'~<~ ~A~~~~ <~~~~ ~~=m ~~m 0 ~~ ~ ~jp~t ~ ~ C ( z ov ~] / ~ I , ~- _ ~ ' ~~ ` 11 ,\~, ~.~1 I Na - by ~ ~~ --~ ' Y/. ~s // // . ~ ~ O ~ ~t '~~ i% m n 5~ ~ 1O / / / ~^ / / r / ~' z i~ ; 't1 ~ .I ~+ ~ -~ k \ o z ~~ too / x / ti't ~ ~ ~tt ~ , n ~zm Ji // / // ~ ~ ~ ;I y b W ~ m ~ ~ / I r sw_ j ~ NO R \ I ^ / / Y ~ • ~f ~~I ~I r•1yy ~ 009(~(~~ / ~'~'I I I AAA -• ~Dt., ~ t+4 ~p~ C ~. 4 _.1 I' i,'~-'~~~'• _ ~ ~ ,' ~ i Z _ i _: ii 0 /' i ~ A - - _ ~ - ~ - -__ ~- 3- ___ ___-- - ----- .. J _~- 1 ~ I _ ' - -- - - - - ~ f _ --- ' d -- - ---- - -~- ~;---- --- _ - ~-t- ~i - - -- __ -- _ __ ._ ;.~ .._ _ -- - - L . ~ _._.. ___v ~ -` --------- --_.. _ L. -. ~ V`AIV - -, ~ ~ ~'IL ~. R A17 ~'E, , ~ _ _ x. ~~,.,.~...._ - ---_ s ;~ I ~ ~ `I I 1 ~~. ~~, ~ bl I I ~ I I ~ N ' y i I ~ ~ W ~ ~ ~ - 0 ! >„ G 1 v1 ! O 0 I ~ l~yf RECORD DRAW ING JoD Numbsr Designed ,ORL Scale: 2752 15345 Sunwood Blvd. °fOW" ~erL N°"~°"}°, SUlte 3U2 ChacMed JILL ~~°~~ Sheet Tukwila, iYA 98188 .B1,} __ (208) 24B-8278 Enterprises LLC info®?_In-en t.com Appro°`w-'ittlt- Dote 5/2}/05 verecol N/A For: Landshapes Northwest, Inc. 1151 112th Street East Tacoma, WA 98445 - (253) 537-6370 No. i Dote By Revision Note Title: GRADING AND DRAINAGE PLAN FOR AUTUMN HILL DIV. 2 YELM, WASHINGTON W Chi, W W W W W O N O N O S` _ PROPEriTY l1NE I I I / }SJS ,.~ I ! D Z n ~ I r Z1 D ~ _- 'S '' ~ ~ Q~ O ~s S I ~ ~ ~ ~ ~ ) ~ C ~. O I s ~ 1 I m ~'~= a.ee ~ I ~ e e~RKUNO sr. sc ttEV. - ase.r~ non ~~~ rl ~~r ~~~~~~~ ~ ;~~~~~~ ~=<mTp?u~1~ 3i24C AymjN ~~~mgF~ p~Xrm{~Syy~z ~m O~Ri~`S~~j 2~ S~O~ ~~ ~~Y~~~~ N~~G~A ;~~~~ ~~g~~~ =~a > C~;mm-~~ N,~~ZmN =~~gAN i~N~~ qa~~"v j ~~ 3 z 0 ~~ 0 ~~ Q 2 0 Z m n O C m Z -1 5 7 ", a ~ ___ ~ ' y H .-y .f., ~ r u ,.. ^Af = 2 ~~ o ~ O /r I \~ II I ! I ~; ~ , i rI ~ i I I i f ~ t~ ~ ~7 1 II ~ ~ ~ ' 1 ~~ I II i I I I ~, I I II ~ ~~. 2~ VI A ~,~ ~ A n 'O D RI ~ A rmr " _- iF.' m '` _ ' ~ ~~ ~ ~ ~. ~ co ~~ . :. - .~ ~, i ~ ~ ~ - ~ i A ~ ~ } ~ ~.. Y, ~ ~ i ~ ~ 1T i { • ~ -------. - i ~ y -~ i _~. - "_ - . __ ____ __ __- ~\ . _ ~ -_-_ - _ - _i ~ ~~ i _ _ - - - - - - ----~ ~ v\ ~ ~ I ~ ,~ • _ r -mot y_~=` 'r,,-t~ ~- `` f' J ,~r~ ; _:,r~ ~ ~.~~ ~ t.. -C~ ~ -I~' r y b i. __ - r \ ~. I I I j ~I - `\~~ \ l'J4.i.i .~~+- OJT [+ .\ ' .. 1. `. ~~ C I I } ~`. . ~, ~'~ a~ E-- - -- - I t .~ ., ~~ ~~ Lp ~~ i ~~ p~ ~ ~ ~~ ~~. ~~~~ ~~ o ~ ~. _ . I .~ \ N I ( I I \ ~ ~ ~ \ O 1y~ \ ~ O \ ~` at O n W ~~ '~ RECORD DRAW ING --- s~ No. ! Oate By Revielon Nob Job Number Oeei9nad JMN ~`°'°' For: Pinedale Construction Inc ~1e~ 2752 °r°"" J'"" "~^=~^ta~ , VANCIL ROAD PLAN AND PROFILE 1534.5 sunwooa Blvd. 1151 112th Street East s~,lte 3oz Checked IYM ,-_„• FOR sneer Tulcwlla, WA 88188 A d JNH V I Tacoma WA 98445 (aos) z4s-sz7s _ _ DD~s N~A , AUTUMN HILL DIV. 2 AB2ar 8 Enterprises LLC into®zm-ent.com oot. 5/21/05 (253) 537-6370 YELM, WASHINGTON w w u N O c+i, n, 3::0.2 O~- O ~51 d -,) -_ __ i 'I o' C 356.1 D ~'~ C ~ ;' 555.? ~ _ ~~- i~ ]~ O ,1 r_ 35~ l~ m --- N "~' 356.4 J ii J i _~RKLA.YD 3T. SE STA. 27:32.60 Ettv. - sse.a: ~-",-~~ .• ~ ~ i Q5~ ~~ A` f ~ fl O i ~ : ~ BVCS 22143 ~ . eVCE: J53.7! ~ ~ 5~~~ ~~o~; ~~ ~ 1 > $ro ~~ ~ .. ~~g~iy~, ~~~~ EYCS: 22x93 u'R. _ ~ EYCE: 363.76 I ~ ~.3~ ~, i i ' FAD OF ttll-OE-SAC ~ 366A9 STA. 23+66.81 ' I `I. u u Cwn O w u CAi, O w w w u (UA o tUn o n~O~cZm I~ ;o ~ ~~~ n t t C ~ ~ O ~~~ ~ ~ ~m~ ~°~ o ~~m=~~ ~~~~~>~ ~ ~ ~~ ~~Q ~ A A ~ ~~ ~ N N Owl Owf ~ ~ m m O U ss~ >F~~ ~ Z ~ .. N O U .. O U T~ i z ~ PoN. 366.03 [_ 33].06 UO$ ~ ~ • ~ ~ m !B ~ ~ yy p m N yZ~ti~y .. ~N g .. ~ a.~ ~ 0~ I g$ ~ F~ ~`~ Rei- 33e.o3 <. ~oz [-362e6 n ~ e ~ ~zte tl [_ Jet27 a _ + .°r n ~ ~ ~ ~~ a pw A s (w1~ 01 ~ 0 O U O U O U 3 , IF ffi03 • P ^{ v ~ ~ y ~ ~ Q • ~ iY~ Q ~ C + ~ 7ti6 °~»2 - . ~ op 2 [- 3svgr . ~ ~~G. U O L ~'~$3Q o r_~-~ O i I 3^5.3 " 355.6 ]57.06 :J I 356. ~ -330.77 W ~ + 355.0 Z //~~ V/ (n 33b t~ m O m N ,5~ 9 + 333. L + __'' 7.0 ~ $8.00 G 37.0 3 .23 L ± 338.74 C W N 1-::"F~ RECORD DRAWING Job Number Desi9~+ed JNR $C0'` For. Pinedale Construction, Inc 2752 15345 Sunwood Blvd. °rnwn -'i°~ Morfzontm suite 302 C"ecke0 .IYM ,•_,~ 1151 112th Street East street TukWfla. A'A 98188 (zoe) 248-8278 "~~OVed-~"'~'- ~•rti°°t Tacoma, WA 98445 Enterprises LLC inFo®2m-ent.com oat. l m '•-e~ (253) 537-6370 AB3, 8 O N O (OA O i 'I~ I --~ eVtE- 3S7.e0 ~ ~: ~' ~ ~~?~ Rt~~>N~ w+i1~ i ~ ~s°a~~7e~ Ron vN:s: 20+4s I_ e $ i rvct:3s7.ee I ~ t 1 i PN STA _ 20x90 ~! PN EIEV _ J38.97 U O CJ, O N O ~ - ~' STA. ,S+Oe.ee ELEV. _ 36e.81 I II i~ i i ~ I i ~ eVI;S +4x23 EVCL 338.97 ~~a9 ~x,to Pa y? ~ I t ~~ ~~, ~ ~ ~ ~ ~ ~ ~ I 1 ~$o~ ~ BVCS: ,3+76 _1 - u ~ F1N;E: 336.94 I i i i ~. t I'i ~ EVCS 12+36 ~ EVCE: 336.67 o ~ i yy S~Q~ py ~~ ~~>, g ~ J sa' "' ~ y , ~~~biiN 1 I Li°o BNS: 11+e3 II avcE: 3s3s~ _ ~ ~n I I I • $ p p fl~ 40 ~g ~ ° ~ g' a ~ ~ z~ { I PN STA _ 1Cr,6 PN EEEV .339.42 A A N Cwii iT Owi V O (A O N O N O >. OOte 9y Revision Nots Title: ROAD AND DRAINAGE PROFILES FOR AUTUMN HILL DIV. 2 YELM, WASHINGT N i _.. \ / t \ ~\ ~ \ ` '~~ \ ~~ , \ \ ~ ~ ~ ~ / ~~ \ , i ; / __ 1 ~ , :, ;" ~x E=------------ `~ ~., ..t _. ~ i~ :' _ ___~ f ~' . ~ ~~~~=s~ ~ ~; °~ ~~~~ n ySyAmp~N O S 8 Y~ ~2~ ~.fGynf' `~ ~ $ 00^ ~'~iam v~ lJ $ s~o c ~~~~o~ ~ ~~$~~~ ~ ~~~~~~ o ~~~~~~ m ~~~~n~IN ~,~ ~~ ~~~5~~~ 3~~b ~ r~ i o 4~ ~ >z ~ xC~ ~ n i a~ ~~ z > ~, ~a >A m~ ~~ ~o ~r;c,~w C<ND m~9~ sE C7 N ~ m J ~~ TRACT A %~~~'i ` %~' j ~~ 1~~~`. ' / / ~~ % ! i// ~ ,~ ' i I R k i ~I 1 R '~ ~ ~; ~;.;~ ,.. ,- ~~. \ '' / ~~, r ~ K~~ ~r ~~ / '~ ~' / ~ , ~, ~ ~ / h1' ~~ . / /p~ ~~~ / / b /~ / ~GJ ,~ ~ ~ ... ; ~- l -~ , -- - t -~-- ' _~- -- - r -- ,_._ _. _ ,~ I' VAl~`CIL. RDAD SE' K -i ~ 4g~oA> b~ ~~_~ r^ I m ~ I v~ I y,~ N ~ ~ ~ M - ' I ~ ' U ' ~ I I ~ , i D. O ~ m y`'~+ i n T ` °~ 4 S ~" '~ ~ fc ~0 ? ? 0~ " fFi ~ R ECC~ R D DRAWING -- ~ ~ HD. oow ~, Rev;elon Hots JoD NumD~r oe~iyoea .au~ sooty: For: Pinedale Construction Inc Title: 2752 15345 sun,.ood area. o~ovn -~ Horizontd , 1151 112th Street East SEWER PLAN su;te 3oz ~„,d,„~ ~~-~' FOR snaet Tukwile, A'A 98188 (zoa) 248-8278 ro~w"~- v.~A ~ Tacoma, WA 98445 AUTUMN HILL DIV. 2 ABS,, g Enterprises LLC into®2m-ent.com uct. ,~. (253) 537-6370 YELM, WASHINGTON w u cn - c A ~ u u U u ~ - N O U V O : I - N ... - 1 . I.. ~ ~ :. :.. " I~i:a~1 a 9:~ ~ ~* _ _ BVCS 19+93 I - i _. BVCYi 767. ~ . ~~ I ~ ~~ ~~ . ~ 7: ~tl -i r r ' ~eN , ~. ~ 3x54 ~~ r i I - ~ ~.g. EtCE: 757.66 - i. ~ : - I r _ J - r _ .3 G_- J.? 330 I 1 ti I - ~ I P4! STA ~ 30+86. G I _ ~ ~ PN ELEV -336.97 I C I I ~ I i - a~ Z ~ ` 6.1 I _ 67A. 7,+37.60 ~ I-393.+a I ~ [tFV.. ~ 76a.e7 ~ - _. ' - - i m ~ n i5~.~ ~33g ~`~ U O I I I ~ O ppOay .. $ Y ~ ~ I . . I $ r m , - I d ~ ~ A~ 6H ~ 35 a f 3ss.e I ~-7 ~TM ~~ u+~ (rn.) e~ 33x77 - cr- i I s°"~~ ~x>~~~~ r~ IN N~ i X~g~~r+ c~ ` O 3s3:6y-- ~ I Eks: 77+9s ~ ~ e yii - I I I - 1~ EVCE:763.79 - r~ I ~ ,_ 1 »6.7. ~ ~ ~ i --~- -I E ~m~~o~ ~~~~~~~ n ~~~~o~ m i~o~~^~ Z 4 ~~~~~~ ~ T'~9 >tr ~ m~ i ~ ~~~~~N ~~~s~~ ~~>>~m~ <. ~~~ omo m~~ ~ ~ ~~ ~~ 0 ~~ y ~ C O 2 I _ ~ _~~: _736.68 ~FF~'~~00>. RECORD DRAWING Deeigne0 ~6Nt Job NumWr Drawn ~tl 2752 18345 Sunsvood Blvd. Suite 302 Checked ~uu WA 98188 ~~~ Sheet /20 ) 1248-6278 ea ,WR _ _ Enterprises LLC llinfo®2m-ent.com Date ~s u N ~ A W o ~„ o u yy~ N M v ,.~~. + ~ ~.,. 3 o I^,m~a ~ U ~ r 3J6.0 ~ ~ -76a23- z v ~ ;`E.~ ~ ~ m 0 ~' 356.J i r O 736.37 m I ~s~.c I ;I ~ ~~'~ 0 ~~ w ctp u u > ~ c c ~, ~ w sl b Stale. FOr: Pinedale Construction, nc "°^_°^`°' ~ 151 112th Street East •_30' Tacoma, WA 98445 Vertical ,•.S (253) 537-6370 u u o, ~ ~ V O =S 14+15 CVCC: 736.97 a~~~ s Q x~ ~~~~~ guy ~>'~ ~ 1 1 ~~ BVC3: 13+76 2SS o ~ ---~~_ BVCE: 756.91 - u ~ I Eocs: t=+3s ~ evice: 33e.e7 - ~ ,pp- i I y pyy • opy Ry - k ~ ~ < Y I B~ „ ~~ , ~;_. ~~ +93 BVCe: 333.37 ~~ - i o i R~ I ~o ~^~ J C~ 01 U O ~ O :'. j. Data Title: -- o..,i.ten Nota SEWER PROFILES FOR AUTUMN HILL DIV. 2 YELM, WASHINGTON • . ~ ~ , , , ,~ ~~ +~. \ ~ _, .~ ------- ~ -- - -- - , ~_ __I o I ~-. iv , i ~ ~qti /.~ i / ' 20 00 _ _ - ~~_ _--~~ -- 21+00~ /~ z$ 133 LF 9~ PVC CL 150 ~---~ ~~ / ..~ ;. W ~ I /;i ' may! ..,_-- ~--- _ ,-- .a_. 22 00 z,a lF a' Pvc cL Isq TRACT A "~ - ~ z ~~ ~ I m m t, ~ I I nx-, ~ y° - - i ~ ~ P i ~a+tim ?p. owe <~+ ~i~ i`/ ~ I - ~ , I 'i I,. A~~rn ~i ¢~ o~ I 0 ~ ~mtn I r cr„ o~ Q~ ~ ~Fia 4 i ti a~~^ i i i i ~ x ~~ iff m ~ i ~I r,~ m~~ ~ I dam i ~ ~ ' \~ ?6 LF B~ ~ PVC CL '1'"~ ~.. ~, / ~. ~,, r H ,a ~ i 1 i i 1 I\ I ' ~i,. , i '"~ (~~i _ / ;%i .l~ ~.- , 1'-' i// _ c~ ~ ~ ,~J ~" - ~~ ,r ~-, , n j "' m ~ ` ~, \ ~ i o / ( ~ n c,> ;; v / f -. / / ~ ~ X ~ ~ %~ \. / ~, ie~r~>~, ~; ~' v K{ v$ II' 7 ~ I o m m ,~ -r- -^.~.- 1 b / f/ i ~ i ` ":.;n fie{ ~ o _ I I~ ~~ ~ ~` / / i'~ ~ ~. / r~ % ~ / ~ / - >y, ' d , ~ ',~,; / / ~~' / t 1 ~1 I W \~ 7 /~//// / / i _ / \ --~ ~`i ~ /~ .fir %I ! / / / / s~ w Amy f ,',.\ ~'\ ~ \\ ~- ~ a z ~ /, ~ / ~ a~ ~ nnpACS~ y urG <i7 ~, ~m~.y'a-- O ~O~ ~~~ v ~~~g~~ v ~~yymo`NC~o~ O p O~O~ . ~_~~~~ m ~-'~'°$ N b~ Z „'sad; -~ m m / ~'~ --{}N ~ / p~j'., ~ ,jt ~ I.,X i'p~pZ m~ ~ ~+ tv 'TN~~ I ; I• ~AO ~~> I ~ a , xZ2 Z ~~.. ~ I O / / / N ~ i kttk .. e ~ J ~ / L ~ ~ ~ ~ • J ~ r...._. 1. ' ^~ i 6~ -'~ h j _ -_ / / i i ~ ~ 1 q ~ ~ jj ~ '~~ - i N ---- ~ ~ ~ I i ~/ ( /, 1 ~ f i. (~ \~ . _r ~ ; ,'~~ -T---~ ~ ,~ I `., , 'fir - - _ _`" - - - (./ ! ~ ---- - - - ~~ ~ ~ ~ _ . -------~+ ~-- ---- -- - = i- - - ---------- '" ' i ._ _. '~ ~~ I I ._~ ( - _ -. _._ __.___.. ---- - _._ _ _ ~_. __.x__ __ .\ ~_~ _._ __ _ _ _ _~ I ,'VAN~'IL ,ROLAD S,E i , ,.x. - - ~ma ~ ~ ~- M f y~~ `~/ ~ ~ Fr ~~ v I ~ I ~ ~ x I ~~ I i ~ I I I ~zl I b l 1 I I ~ i c I I s I I y I ~^ ~ I I rn I ~ ~ ~ ~ 1 vl I o ... II j m O ~I ~~ T ~~ ~ n r^ }'~G = 2 ~=~Fp ~~ RECORD DRAWING ~•N. JoD Number Oraw+ -,RAPE Norizontol 2752 18345 Sunwood Blvd. t~.w Suite 302 ofeOkaO'~- sheet Tukwila, OVA 98188 ~p~ J~ vertical (208) 248-82'78 N/A _ Erit@TpT156S LLC info®2m-cnt.com ~t• ~~+ - Redeion Note For: pinedale Construction, Inc 1151 112th Street East Tacoma, WA 98445 (253) 537-6370 Title: WATER PLAN FOR AUTUMN HILL DIV. 2 YELM, WASHINGTON Geomatics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To City of Yelm Community Development Department Grant Beck_ Director PO Box 479 Yelm. WA 98597 Invoice Date Invoice # 6/17/2005 397 P.O. No. Terms Geomatics No. Due on receipt 1281 Item Description Hours Rate Amount Peer Review 3 85.00 255.00 /,- ~ `' ~a PP ov _r.Paymert: / Date - __ c ~... ~.. If you have any questions please call. Total $2ss.oo Payments/Credits $o.oo Balance Due $255.00 Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb(u~geomaticslandsurveying.com N'H'w.geomatlCSlandSUNC}'Ing.COm r~GEOMATICS w-~i-i~~-.~i LAND SURVEYING 02000 703 Yelm Ave. W. • PO Box 2550 YELM, WA 98597-2550 • 360-400-LAND (szes> FAX: 360-400-5264 June 16, 2005 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Review and comment for Autumn Hill, Div. 2, SS-04-0036-YL. Geomatics' Job No.: 1281 Dear Mr. Beck: We have completed our review of the abovementioned plat dated May 27, 2005 by the surveyor. You will find enclosed an original copy of the plat, sheets 1 & 2, with our "red-line" comments and an original set of the provided closure reports. Several lot dimensions on the plat do not correspond with those found in the closure reports. We have highlighted these dimensions in pink and wrote the corresponding value in red. The legal description of the plat corresponds with the description on the provided Chicago Title Insurance Company's Plat Certificate No. 2038802, Schedule A. There is one minor edit required on Sheet 1. The Sheet Index indicates that there are three sheets. The plat consists of two sheets. We did not receive copies of the underlying documents listed under Exceptions in Schedule B of the Plat Certificate. Therefore, we can not attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. We did not review the Addresses on Sheet 2 of the Plat. We have enclosed Invoice #397 for the amount of $255.00 for professional services rendered. Please contact me if you have any questions or desire addition information. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, P.S., Inc. Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com P,~~ ~~;~ 4 ~ G~~ ~~ ~~~ City of Yelm Invoice No. CDD-05-0132 Community Development Department INVOICE - ~ Customer Name Landshapes NW Date 6/17/05 Address 1151E 112th Order No. Autumn Hill II City Tacoma State WA ZIP 98445 Rep Subdivision Phone FOB Item Description Unit Price TOTAL 1 Reviewing Surveyor Fees ,~, $255.00 $255.00 1 Water Latecomer Fee 7 / ~ $1,754.98 $1,754.98 1 Sewer Latecomer Fee ~ ,`,--~ $496.16 $496.16 SubTotal $2,506.14 Payment Details Shipping & Handling $0.00 O Cash Taxes WA O Check -- - - - O TOTAL ~~~ $2,506.14 Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU Transmittal Letter To: Dennis Baker Company: Geomatics Land Surveying Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Date: June 2, 2005 Re: Autumn Hill II File No: SUB-04-0036-YL Name: Landshanes N.W., Inc. Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-04-0036-YL, Autumn Hill II, fora 23 lot single family subdivision on 5.94 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before June 17, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Assessor's Office Date: June 2, 2005 Company: Thurston County Re: Autumn Hill II Address: 2000 Lakeridge Drive SW, Bldg. 1 File No: SUB-04-0036-YL City, St Zip: Olympia, WA 98502 Name: Landshapes N.W., Inc. Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-04-0036-YL, Autumn Hill II, fora 23 lot single family subdivision on 5.94 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before June 17, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant (/ ~4 THE p~Q~ ~~ \~, YELM WASHINGTON To: Interested Parties City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter Date: June 2, 2005 Re: Autumn Hill II File No: SUB-04-0036-YL Name: Landshanes N.W., Inc. Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find project information for Case Number SUB-04-0036-YL, Autumn Hill II, fora 23 lot subdivision on 5.94 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before June 17, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider ~'~ G,~b`ID Gay"' G,Z,o sU',~2.65 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 6/17/2005 Drawing: 2340SH2.dwg Measurement Units: feet ---------------------------------------------------- AUTUMN HILL DIVISION 2 Lot Ski ~J Bearing Distance ------------ ---------- ** Horizontal Curve: S 89 08'17" W 14.42 N 03 07'36" W Delta: 4 31'46" Radius: 182.41 Length: 14.42 Tangent: 7.21 S Ol 24'10" W N 88 35'50" W S Ol 53'59" W S 88 32'10" E East 182.41 182.41 40.60 104.80 55.00 0.00 N O1 53'59" E 105.42 Closure in Lat/Dep: Starting Point: Northing/Lat Easting/Dep -------------- -------------- 589745.328 1116724.546 Start (POB) -0.217 -14.418 Chord pc-pt 589745.111 1116710.128 pt 589745.328 1116724.546 pc 182.138 -9.949 Radial In pc-rp 589927.466 1116714.597 rp -182.355 -4.469 Radial Out rp-pt 589745.111 1116710.128 pt 0.994 589746.105 -104.743 589641.362 -1.405 589639.957 589745.319 0.000 589745.319 105.362 0.009 589745.328 Distance Error: N 18 26'06" E 0.009 Total Distance: 320.24 Accuracy Ratio: 1:33,757 Area: 5,768 ft2 0.132 Acres -40.588 1116669.540 -3.474 1116666.066 54.982 1116721.048 1116724.543 0.000 1116724.543 3.495 0.003 1116724.546 Accuracy Ratio: 1:143,040 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 6/21/2005 Drawing: 2340SH2.dwg Measurement Units: feet AUTUMN HILL DIVISION 2 Lot 22 Bearing ------------ - Distance --------- - Northing/Lat ------------- Easting/Dep -------- _ 589802.162 ------ 1116667.902 Start (POB) S 88 35'50" E 43.61 -1.068 43.597 589801.094 1116711.499 ** Horizontal C urve: N 89 57'16" E 6.39 0.005 6.390 Chord pc-pt 589801.099 1116717.889 pt _ 589801.094 1116711.499 pc N Ol 24'10" E 126.41 126.372 3.095 Radial In pc-rp _ 589927.466 1116714.594 rp Delta: 2 53'4 8" Radius: 126.41 Length: 6.39 Tangent: 3.20 S O1 29'38" E 126.41 -126.367 3.295 Radial Out rp-pt 589801.099 1116717.889 pt _ 589910.891 1116721.150 N 01_42'05" E 109.84 109.792 3.261 N 88 35'50" W 50.00 1.224 -49.985 _ 589912.115 1116671.165 S O1 42'05" W 110.00 -109.952 -3.265 589802.163 1116667.900 East 0.00 0.000 0.000 Closure in Lat/Dep: -0.001 0.002 589802.163 1116667.900 Starting Point: -- ------------ - 589802.162 ------------- 1116667.902 Distance Error: S 63 26' 07" E 0.002 Total Distance: 319.85 Area: 5,500 ft2 0.126 Acres Accuracy Ratio: 1:143,040 ~~V(S ~ ~ L07" GC,pslJ~S Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 6/17/2005 Drawing: 2340SH2.dwg Measurement Units: feet ---------------------------------------------------- AUTUMN HILL DIVISION 2 Lot Ski ~j Bearing Distance ------------ ---------- ** Horizontal Curve: S 89 08'17" W 14.42 N 03 07'36" W Delta: 4 31'46" Radius: 182.41 Length: 14.42 Tangent: 7.21 S O1 24'10" W N 88 35'50" W S Ol 53'59" W S 88 32'10" E East 182.41 182.41 40.60 104.80 55.00 0.00 N Ol 53'59" E 105.42 Closure in Lat/Dep: Starting Point: Northing/Lat Easting/Dep -------------- -------------- 589745.328 1116724.546 Start (POB) -0.217 -14.418 Chord pc-pt 589745.111 1116710.128 pt 589745.328 1116724.546 pc 182.138 -9.949 Radial In pc-rp 589927.466 1116714.597 rp -182.355 -4.469 Radial Out rp-pt 589745.111 1116710.128 pt 0.994 589746.105 -104.743 589641.362 -1.405 589639.957 589745.319 0.000 589745.319 105.362 0.009 589745.328 Distance Error: N 18 26'06" E 0.009 Total Distance: 320.24 Accuracy Ratio: 1:33,757 Area: 5,768 ft2 0.132 Acres -40.588 1116669.540 -3.474 1116666.066 54.982 1116721.048 1116724.543 0.000 1116724.543 3.495 0.003 1116724.546 ' Accuracy Ratio: 1:143,040 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 6/21/2005 Drawing: 2340SH2.dwg Measurement Units: feet AUTUMN HILL DIVISION 2 Lot 22 Bearing -------- ---- - Distance --------- -- Northing/Lat ------------ Easting/Dep -------------- _ 589802.162 1116667.902 Start (POB) S 88 35' 50" E 43.61 -1.068 43.597 589801.094 1116711.499 ** Horiz ontal Curve: N 89 57' 16" E 6.39 0.005 6.390 Chord pc-pt 589801.099 1116717.889 pt _ 589801.094 1116711.499 pc N Ol 24' 10" E 126.41 126.372 3.095 Radial In pc-rp _ 589927.466 1116714.594 rp Delta: 2 53'48" Radius: 126.41 Length: 6.39 Tangent: 3.20 S Ol 29' 38" E 126.41 -126.367 3.295 Radial Out rp-pt 589801.099 1116717.889 pt _ 589910.891 1116721.150 N 01_42' 05" E 109.84 109.792 3.261 N 88 35' 50" W 50.00 1.224 -49.985 _ 589912.115 1116671.165 S O1 42' 05" W 110.00 -109.952 -3.265 589802.163 1116667.900 East 0.00 0.000 0.000 Closure in Lat/Dep: -0.001 0.002 589802.163 1116667.900 Starting Point: -- ------------ - 589802.162 ------------- 1116667.902 Distance Error: S 63 26' 07" E 0.002 Total Distance: 319.85 Area: 5,500 ft2 0.126 Acres Accuracy Ratio: 1:143,040 02 ®-03 O\ SS-45]4 a"~~ ~-- 0 4 ~ ~ ~-05 -02 31 42 O 44 45 O SS-G6d2 13 32 12 33 41 C 7 1 0403 34 v 1t 10 ~ a0++ 39 S O 8 O 36 0402 1 O O 37 © ~ O O 0 4(a 05 s 0 13 PRA RIE 14 15 16 17 0 O 03-07 HE GHT 0 '~ 10 O OOO Q D~ -09 n OB ~07 YELM COUNTY ®- 0 1 ®- 04 ®-0501 ~-03 0 ny ~~ ®-0~ ®- 01 ®-0401 ~- 02 x-07 This Sketch G the approxim premises wit) Chicago Title cor,-tection w ©-D5 u ~ocatron t the I aurrreyy a d n0 Hahtl in ~03 41-04 ~ ~~ ~~ Q ~~ RESDIENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN LANDSHAPES NORTHWEST, INC., THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND CITY OF YELM (HEREINAFTER "JURISDICTION") The upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP' S) are essential to the protections of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMP's. LEGAL DESCRIPTION: Lots 1 through 23 of the Plat of Autumn Hill II as recorded in the office of the Thurston County Auditor. Located in the Section 30, Township 17 North, Range 2E, W.M. Thurston County, Washington. Whereas, OWNER as constructed improvements, including but not limited to, building, pavement, and stormwater facilities on the property described above. In order to further the goals of the JURISDICTION to ensure the protection and enhancement of JURISDICTION'S water resources, the JURISDICTION and OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". (2) Maintain a record (in form of a logbook) of steps taken to implement the programs referenced in (1) and (2) above. The logbook shall be available for the inspection by appointment at 1151 EAST 112TH STREET, TACOMA, WASHINGTON 98445. The logbook shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow on actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists on Attachment "A" and use them to complete its monthly inspections. These completed checklists would then in combination, comprise the monthly logbook. (3) Submit an annual report to the 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 business, the person, or firm responsible for plan implementation, and the person completing the report. b) Time period covered by the report c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the logbook, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoices for services. d) An outline planned activities for the next year. THE JURISDICTION SHALL: {1) Maintain all stormwater system elements in the public rights-of--way, such as catch basins, oil-water separators, underground sandfilters, underground infiltration galleries and pipes. (2) Provide technical assistance to OWNER in support of their operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as JURISDICTION time and resources permit, at no charge to OWNER. (3) Review annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (4) Review this agreement with OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the JURISDICTION determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the JURISDICTION shall give OWNER notice of the specific maintenance andJor repair required. The JURISDICTION shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the JURISDICTION, written notice will be sent to OWNER stating the JURISDICTION's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any tine the JURISDICTION determines that the existing system creates any imminent threat to public health or welfare, the JURISDICTION may take immediate measures to remedy said threat. No notice to the persons listed in (1) above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grants unrestricted authority to the JURISDICTION for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (I) andlor (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except those maintenance actions explicitly assumed by the JURISDICTION in the preceding section. Such responsibility shall include reimbursement to the JURISDICTION within (90) days of the receipt of the invoice 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. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the JURISDICTION. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the JURISDICTION. Dated this, day of ~ , 2005. Paul Lubbesmeyer President STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, PAUL L UBBESMEYER known to be the individual(s) described, and who executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. MELISSA A. ~?~.~~ ~~ ' NC1'AR~~ ~U~~ ~~ ,, Name: ~I~SU (~ SY,~-~~ ~~ ~~,~``"~ ~ ~ `~"~`~ NOTARY PUBLIC in and for the State of Washington ~~~°~'- ~1 ~ Residing at =~' ,. My appointment expires: , - ' ~~ After Recording Return to: Landshapes Northwest, Inc. 1151 East 112th Street Tacoma, Washington 98445 DECLARATION OF PROTECTIVE COVENANTS, CONDITONS, EASEMENTS & RESTRICTIONS FOR AUTUMN HILL II Grantor: Landsh~ Grantee: Autumn Legal Description: Lots 1 tl of the~1 Assessor's Tax Parcel No.: 227301` Northwest, Inc., a Washington "S" Corporation of the plat Autumn Hill II as recorded in the office ounty Auditor The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, c~a ,that all of the properties and housing units constructed on the J properties are and will be held, ?sold, and conveyed subject to this Declaration, which is made for the ~ _, ~ purpose of eriha~ng and Rrot~ctl g the value, the desirability and attractiveness of the properties for the benefits of al~,the p~opert' and~tl~eir owners. The covenants, restrictions, reservations, and conditions, I contained in t11i~~ e~laratio sh 'll run with the land as easements and equitable servitude's, and shall be c binding upon the dies-and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying y lot on the properties and upon their respective heirs, successors and assigns. Individual lot owners shall be responsible for maintenance and care of landscaping along with all adjacent right if way's. ARTICLE ONE: DEFINITONS For the purpose of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of Incorporation and any amendments. DECLARATION OF PROTECTIVE COVENANTS, PAGE 1 OF I CONDITIONS, EASEMENTS & RESTRICTIONS 3. "Association" shall mean the Autumn Hill II Homeowner's Association formed as a nonprofit Corporation for the purpose of administering this Declaration. 4. "Board" or `Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not limited to Tract A and Tract B as delineated on the Plat of Autumn Hill II. Common areas shall also mean the property both real and personal in which the Association has been granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer Declarant" The Developer and Declarant shall mean Landshapes Northwest, Inc., a Washington "S" Corporation. However, Developer shall also include any entity, which purchases multiple lots from Landshapes Northwest, Inc., for the purposes of constructing residences thereon. Until such time as Landshapes Northwest, Inc., or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such party has sold or conveyed all the lots held by that entity then that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer, or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgage" or "Mortgagee" shall mean a bank or savings and loan association or established Mortgage Company, or other entity chartered under federal or state laws, any corporation or insurance company or state of federal agency, which holds a first note, or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Autumn Hill II. 13. "Member" shall mean every person or entity that holds a membership in the Association. DECLARATION OF PROTECTIVE COVENANTS, PAGE 2 OF 2 CONDITIONS, EASEMENTS & RESTRICTIONS 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 17. "Real Property" that is subject to this Declaration is legally described as Lots 1 though 23 of Autumn Hill II. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from and Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Autumn Hill II shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of the development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. DECLARATION OF PROTECTIVE COVENANTS, PAGE 3 OF 3 CONDITIONS, EASEMENTS & RESTRICTIONS Section Three: Authority of Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority- provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarant has resigned as a director of the association, then the Developer, in accordance with the by-laws, shall conduct by mail an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, by-laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, by-laws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of deed for such Lot. Membership may not be separated from ownership of any Lot. All members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mail or facsimile. DECLARATION OF PROTECTIVE COVENANTS, PAGE 4 OF 4 CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tract A as shown on the plat of Autumn Hill II, to the Autumn Hill II Homeowners' Association. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. This tract and any other real properties and improvements which are described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The colnlnon areas shall include but not be limited, as defined below, together with all easements, which are for the benefit of all lot owners. The common areas include but are not limited to the following: A. Tract A is a storm water retention tract described in and shown on the Plat of Autumn Hill II. B. Tract B is an open space tract described in and shown on the Plat of Autumn Hill II. C. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Autumn Hill II, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. Section Two: Standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the real property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. DECLARATION OF PROTECTIVE COVENANTS, PAGE 5 OF J CONDITIONS, EASEMENTS & RESTRICTIONS The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot, which poses a substantial risk of injury or significant property, damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient are attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for b_y the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the Common Areas; 2.The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3.The cost of maintaining, repairing and replacing all Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by the Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalks and the curb of any roadway will the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries, which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4.The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an agreement to be executed between the City of Yelm and the Declarant. S.Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors. in the judgment of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Plat of Autumn Hill II for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the Common Areas cause it to be subjected to other than reasonable wear and tear, or by their actions damages those Common Areas or any other improvements located thereon or therein, then the DECLARATION OF PROTECTIVE COVENANTS, PAGE 6 OF 6 CONDITIONS, EASEMENTS & RESTRICTIONS individual subjecting the Common Area to such use shall have the obligation to repair such damage, upon demand of the Association. and to restore such Common Area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in an easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot, subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purpose and subject. to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two-thirds of the lots have been recorded. C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance. Nothing shall be done or kept in any common areas, which will increase the rate of insurance on the common areas or other lots or improvements without prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deem for the benefit and enhancement of said areas and the Association in general. Section Ten: Dumping in Common Area, Common Maintenance Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or places within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise DECLARATION OF PROTECTIVE COVENANTS, PAGE 7 OF 7 CONDITIONS, EASEMENTS & RESTRICTIONS restricted in this Declaration. Also. this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Twelve: Maria eg merit. Each owner expressly covenants that the Declarant (during the Development Period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manger or officer of the Association and may enter into such management contracts or other 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 one year, renewable by Agreement of the parties for such successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for such inspection by any owner upon request. Any fees or salary applicable to any such management employment or ser<~ice agrcement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. a) Declarants, for each Lot owned by it, agrees, and each Owner of a lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. b) The annual or other regular and special assessments, together with interest., costs and reasonable attorney's fees, shall be a charge and continuing lien upon Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. c) Each assessment, together with interest, cost and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time of the assessment fell due. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be personally liable for assessments, which become due on and after the date of sale or transfer. d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every- Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be st~icient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior DECLARATION OF PROTECTIVE COVENANTS, PAGE 8 OF 8 CONDITIONS, EASEMENTS & RESTRICTIONS assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully act forth. Section Four: Special Assessment for Capitol Improvements. In addition to the annually or regular assessments authorized above, the Association may levy in any assessment year, as special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capitol improvements upon the Common Areas, including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annually or regular and special assessment shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall pay S 100.00 for each lot so acquired at time of closing of the purchase of said Lot, which amount shall be paid to and held by the Association to pay for the association expenses under the terms of this said Declaration. This initial assessment shall be paid in addition to the annual assessment or any pro rated portion thereof, which may be assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $200.00 per lot commencing on January 1, 2005. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said assessment shall be due on or before January 30~' of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowner's Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchased from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association, then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessments against any lot owned by the Declarant. Section Eight: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may 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 work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two-thirds the Members. Section Ten: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines} shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT DECLARATION OF PROTECTIVE COVENANTS, PAGE 9 OF 9 CONDITIONS, EASEMENTS & RESTRICTIONS Section One: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who as the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for the assessments by non-use of the Common Areas or abandonment of each Lot. Section Two: Delinquency. 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 riveh~e percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any such payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such lien. The liens prodded for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting Ri ts. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for the period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Article, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary. including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins as action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING USE, AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all of the lots held in the name of the Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Autumn Hill II. During this period the Declarant reserves the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and binding. At the expiration of the time period in which the Declarant and the developer has the right to appoint members to the ACC then the Board of Association shall appoint up to three members of the ACC or if members of the ACC resigns and no replacements assume that office then the Board shall act as the ACC until members of the ACC are appointed or take office. Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the DECLARATION OF PROTECTIVE COVENANTS, PAGE 10 OF 10 CONDITIONS, EASEMENTS & RESTRICTIONS review of building plans, specifications and plot plans and such other submissions as described in Section Four herein. and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fence, hedge or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U. S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or such other address as is designated by the Board by written notice to the Members. Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans, specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to re~~ew any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eight: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for the review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. DECLARATION OF PROTECTIVE COVENANTS, PAGE 11 OF I 1 CONDITIONS, EASEMENTS & RESTRICTIONS Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of the covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen: Temporary Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that any use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCYIj Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Sixteen: Building Type. No structures of any kind shall be erected or permitted to be maintained on any lot other than single-family residences, garages, workshops and structures normally accessory to such residences, which have been approved in accordance ~~~ith the provisions of the Declaration. No carports will be allowed and all garages must have been doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two or three car garage is permitted and shall be incorporated in or made a part of the dwelling house. No detached garages shall be permitted except ~r~ith the express written approval by the Architectural Control Committee or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots with the Property shall be used solely for private single-family residential purposes and not for business purposes, provide, however, that within such single-family residences the Owners(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF, 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND, 3) the day care business will be operated only between the hours of 7a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than four (4) children, in addition to those of the Owner(s) immediate family, are enrolled in either full-time capacity in such day AND, 5) the Owner(s) of such Lot (s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, 6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owners} operation of such day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association prior to commencing such business operations, and at all times during such business operations, with verification of liability of insurance coverage in an amount not less than $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may DECLARATION OF PROTECTIVE COVENANTS, PAGE 12 OF 12 CONDITIONS, EASEMENTS & RESTRICTIONS deem appropriate as additional insured AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to Vehicle parking and signage restrictions,. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days written notice delivered to Owner and should the Owner(s) operation such day care business fail to strictly adhere to the provisions contained within the Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or interest in such business operation to the extent permission to operate such day care business is authorized. Section Eighteen: Limitation on Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of residences. Leashed animals are permitted within the right-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine owned. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Nineteen: Tree Height. No tree, with the exception of street trees in the right of way and trees in Common Areas, shall be allowed to grow to a height of more than thirty-five feet above the adjacent ground unless the Committee determines that the increased height would not have a material adverse effect on the view from other lots. The Association shall specifically have the right to trim offending trees at the Owner's expense after reasonable notice. Section Twenty: Unsightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view of drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non- decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall been obtained from the ACC. Section Twenty-One: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted in the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the properties. Section Twenty-Three: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. DECLARATION OF PROTECTIVE COVENANTS, PAGE 13 OF 13 CONDITIONS, EASEMENTS & RESTRICTIONS Section Twenty-Four: Fences, Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (r) twenty feet of the property line; or (ii) the distance between the front wall (facade) of the primary residence, subject to (~) approval of the ACC; and (ii) determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall facade of the primary residence. No barb wire, chain link corrugated fiberglass fences shall be erected on any lot, except that chain link fencing for a sport facility enclosure may be considered for approval by the ACC upon request. All fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenty-Five: Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical sen~ice, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-Six: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas, which shall be hard- surfaced. Only cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right-of--way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision shall not exclude parking of up to a combination of two (2) automobiles and regular size pick up trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screened from the view of adjacent. rights-of--way and Lots. Scrcening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up trucks owned or used by the lot owners), still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however. after written permission has been obtained from the Board. Section Twenty-Seven: Signs. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any lot except (1) not to exceed three square feet in area may be placed on a lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which may be installed by Declarant. Political yard signs, not more than three square feet in area, of a temporary nature, not to exceed thirty days will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section including but not limited to the restrictions on the number of signs and sign size limit shall not apply to signs approved under this Declaration by the Declarant during the development period. The Declarant may establish, for the duration of the development, signage guidelines and standards for lot identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the lots within Autumn Hill II, the common areas, or the public right-of- way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installation and size requirements, which theme will then become a part of the established guidelines and standards for signage in Autumn Hill II during the development period. During the development period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property DECLARATION OF PROTECTIVE COVENANTS, PAGE 14 OF 14 CONDITIONS, EASEMENTS & RESTRICTIONS encompassed within the plat of Autumn Hill II, including the adjacent right-of--way. Each owner of a lot in Autumn Hill and any developer or real estate agent on behalf of an owner, shall submit any proposed signs to the Declarant for approval prior to the installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Autumn Hill II, the common areas, or on any lot, or on adjacent right-of--way may be promptly removed and disposed of by Declarant. This absolute right of the Declarant to remove unauthorized signs from the property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for signs removed by Declarant pursuant to the section. The Board may cause any sign placed on the property or any adjacent rights-of--way in violation of this Declaration to be removed and destroyed without compensation of any kind to anyone including, but not limited to any person having any ownership interest in the sign. This Section shall not apply to signage placed by Declarant. Additional signage may be installed by Declarant during the development period to promote the sale of lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Declaration to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitations set. forth in this Declaration in the number of signs and size of signs. The Declarant shall also not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Declaration. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed on any lot not owned by the Declarant. This Section shall apply even if Declarant requires an owner to place a sign pursuant to this Declaration. Section Twenty-Eight: Easements for Enforcement Puraoses. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: Drainage. The owner of any Lot shall not take any action, which would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. Section Thirty-One: Use During Construction. Except with the approval of the Board, no persons shall reside upon premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty-Two: Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located DECLARATION OF PROTEC I'IVE COVENANTS, PAGE 15 OF 15 CONDITIONS, EASEMENTS & RESTRICTIONS 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 pari of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines, garbage cans. Equipment, coolers, woodpiles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. Section Thirty-Four: Auto Repair. No major auto repair shaft be permitted except within enclosed garages, which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finish on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveways. That all driveways including arty access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. Section Thirty-Seven: Maintenance of Structures and Grounds. Each Owner shall maintain his Lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty-Eiallt: Firearms. The use of firearms is expressly prohibited within the plat of Autumn Hill. Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any Owner's lot. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. Section Forty-One: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of Autumn Hill II development and whether the material would add to the attraction of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP or vinyl siding of a color approved by the ACC. TI-11 siding shalt only be permitted on the sides of the residences, which do not face the street, or on the back of residences. The exterior of all construction on any Lot shall be designed, built and maintained in such a Inanner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. DECLARATION OF PROTECTIVE COVENANTS, PAGE 16 OF 16 CONDITIONS, F,ASEMENTS & RESTRICTIONS The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Autumn Hill II will be subject to the same approval process. Section Forty-Two: Minimum Size of Residences. Private single-family residences shall consist of not less than on (1} Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less than two (2) cars, and that no portion of the interior of said garage may be improved and/or finished for residential use. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residence consisting if a one-story residence or a residence consisting if a basement and one story) shall contain at least 1,200 square feet. Multi Level residences (i.e., tri-levels as that term is used in the construction industry) shall contain at least 1,400 square feet. Two story residences shall contain at least 1,400 square feet. Split-level residences shall contain at least 1,400 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulation for installing electrical wires and equipment, and the uniform codes (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty-Four: Entry for Inspection. Any agent or member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Foriv-Five: Authori tt~o Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but. nat. limited to imposition of fines as authorized by RCW Chapter 64.38. speck 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 RCIf' Chapter 64.38) but the Member must first obtain an order from the court of competent jurisdiction entitling the Member to relief In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are resen~ed for the DECLARATION OF PROTECTIVE COVENANTS, PAGE 17 OF 17 CONDITIONS, EASEMENTS & RESTRICTIONS Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot. and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access_ The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes; (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declaration. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspections, and maintenance of utililies and drain facilities as delineated on the plat of Autumn Hill II. No encroachment will be placed within the easement shown on the plat, which may damage or interfere with the installation, inspection, and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGE PROTECTION Section One: Mortgages. Notwithstanding and prevailing over any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgagee given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association, Article of Incorporation or Bylaw, or management agreement, except those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's RieJlts 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 exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgatice. 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 DECLARATION OF PROTECTIVE COVENANTS, PAGE 18 OF 18 CONDITIONS, EASEMENTS & RESTRICTIONS Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shah acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment. of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense to other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest places upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortgagee's Rights. Any Mortgagee shall have the right upon request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. Section Ei~llt: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagee's, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any party of the Common Areas or facilities; (b) any condemnation or eminent domain proceeding involving aqy Housing Units or portion of the Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it hold the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Section One: Coverage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. DECLARATION OF PROTECTIVE COVENANTS, PAGE 19 OF 19 CONDITIONS, EASEMENTS & RESTRICTIONS Section Two: Replacement Repair After Loss. In the event of damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to> and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such rights for the firture, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration of the Article, Bylaws, rules or regulations or the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. DECLARATION OF PROTECTIVE COVENANTS, PAGE 20 OF 20 CONDITIONS, EASEMENTS & RESTRICTIONS ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. Binding Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenant s running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Encroachment by Court Action. The Association, the Declaration, the ACC, The Homeowner's Association, or any Lot owners shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservations, or restriction, or found to be delinquent in the payment of said lien charge. 3. Enforcement by Self-Help. The Declarant, the ACC, the Association, or duly appointed agent of either, may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. ~1. Condition Precedent to Action. Prior to taking actions either by court or by self-help, written notice shall be given to the offending lot Owners. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than thirty (30) days. 5. Expense of Action. The expense of any corrective action or enforcement of this Declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot Owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose an arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney's fees. For the purpose of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney's fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising rights, power, or remedy provided in this Declaration shall be construed as a waiver of acquiescence in any breach of the 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 DECLARATION OF PROTECTIVE COVENANTS, PAGE 21 OF 21 CONDITIONS, EASEMENTS & RESTRICTIONS bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 9. Severabiiity. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions, which shall remain in full force and effect. 10. Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vice versa, where the 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 Autumn Hill II. 11. Term. This Declaration shall be effective for an initial term of thirty (30) years, and thereafter by automatic extension for successive periods of ten (10) years each, unless terminated, at the expiration of the initial term or any succeeding ten (10) year term by a termination agreement executed by the then Owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorder with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provisions shall be construed as being void and of no effect as of twenty- one (21) years after the death of the last surviving incorporator of the Association, or twent_v- one (21) years after the death of the last survivor of all the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. 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 75% of the lots have been sold to others than the Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. Section Three: Prior Approval by FHA/HUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veteran Affairs or an_y 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 DECLARATION OF PROTECTIVE COVENANTS, PAGE 22 OF 22 CONDITIONS, EASEMENTS & RESTRICTIONS Section Four: Voting. This Declaration may be amended at any annual meeting of the Association_ or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; Z. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units to other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer hi/her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. ~. 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. DECLARATION OF PROTECTIVE COVENANTS, PAGE 23 OF 23 CONDITIONS, EASEMENTS & RESTRICTIONS 6. Alter the number or selection of Directors as established in the Bvlaws. 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, andlor has not given the Association written notice of the tender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. 1N WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this ~ day of , 2005. apes Northwest, Inc. By: Paul Lubbesmeyer President STATE OF WASHINGTON ) SS. COUNTY OF THURSTON ) On this 21.~'~ day of Q, 2005 before me, the undersigned, a Notary Public in and for the State of Washingt n, duly commissioned and sworn, personally appeared PA UL LUBBESEMEYER, to me known to be the PRESIDENT of LANDSHAPES NORTHWEST„ INC., a Washington "S" Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the "S" Corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. DECLARATION OF PROTECTIVE COVENANTS, PAGE 24 OF 24 CONDITIONS, EASEMENTS & RESTRICTIONS WITNESSnmy hand and official seal hereto affixed the day and year first above written. Dated this 2~~day of , 2005. Name: , u ~~~ NOTARY PUBLIC in and for the State of ~_ Residing at ~~~ Q'W My appointment expires: _ 1 ' "I ' ~.1~ DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS PAGE 25 OF 25 STATES OF .41~ L, ,~,U ~ ~ C e~:- ~ `~ 9 ~s•° F, STATE, •:4 e s• ~0 ~.c. •eeb °~' ~ Kph ~.'i'•. ty aea ~ J t sas ._~ tarp ~ ~~~ ~ s ~es ~~ i~ o~ woe ~ ; n J .oe4 ~ 4c. oe '° , . ° sv, a ,~e~retary o~ ,Mate I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to ~ AUTUMN HILL II HOMEOWNERS ASSOCIATION i a/an WANon-Profit Corporation. Charter documents are effective on the date indicated below. Date: 6/17/2005 UBI Number: 602-508-100 APPID: 309182 ,`~~~~--="'`"'~~ :•:.'!~ Given under my hand and the Seal of the State ~--~ -. '~` of Washington at Oly-npia, the State Capital .~. ...,..,.~ .,,, -•-.t Y~~ ~~ .r.~~• _~I ;y : _ ~ '-a ~'' d t f St t `~ S R S am . ecre ary o a e ee fj, ,~:, ~ '~~ 'r ,~ 1t~t~~ ~. . ~ ~ ~;~~"ate BYLAWS OF AUTUMN HILL II HOMEOWNERS ASSOCIATION ARTICLE I. NAME AND LOCATION OF MEETINGS The name of the corporation is Autumn Hill II Homeowners Association, hereinafter referred to as the "Association". Meetings of Members and Directors may be held at such places within the State of Washington, County of Autumn Hill II, as may be designated by the Board of Directors. ARTICLE II. DEFINITIONS Session 1. "Association" shall mean and refer to Autumn Hill II Homeowners Association and its successor and assigns. Section 2. "Properties" shall mean and refer to the following described property and all additions thereto as may hereafter be brought within the jurisdiction of the Association: Plat of Autumn Hill II recorded this day of , 2005, under Thurston County recording no. records of Thurston County, Washington. Section 3. "Common Area" shall mean all real property owned by the Association for the common use, benefit and enjoyment of the Owners. Section 4. "Building Site" shall mean and refer to any numbered plot of land shown upon the Plat of Autumn Hill with the exception of Tract A and Tract B. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Building Site which is a part of the Properties including contracts sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Covenants" shall mean and refer to the Protective, Utility and Maintenance Covenants applicable to the Properties recorded in the Office of the Thurston County Auditor on this day of , 2001, under Thurston County recording no. Section 7. "Member" shall mean and refer to those persons who are members of the Association. Every Owner of a Building Site shall be a Member. ARTICLE III. Bylaws Autumn Hill Homeowners Association Page 1 of 1 MEETING OF MEMBERS Section 1. ANNUAL MEETINGS. The regular annual meeting of the Members shall be held on the second Monday in January each year beginning in 2007. If the annual meeting is omitted by oversight or otherwise on the date provided for, a subsequent meeting may be held in place thereof, and any business transacted or elections held at such meeting shall be as valid as if transacted or held on the date established herein. Section 2. SPECIAL MEETINGS. Special meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (1/4) of all of the votes of the membership. Section 3. NOTICE OF MEETINGS. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 30 days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4. UQ ORUM. The members present at the meeting of members or proxies are entitled to cast a vote, if fifty (50) percent of all votes of the membership are present, then it shall constitute a quorum for any action. If, however, such a quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. PROXIES. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Building Site. Section 6. MEMBERS. Every Owner of a Building Site shall be a Member of the Association. Membership shall be appurtenant to and may not be separated form ownership of any Building Site which is subject to assessment by the Association. Section ~. VOTING RIGHTS. The Association shall have one class of voting membership comprised of all Owners who shall be entitled to one vote for each Building Site owned. When more than one person holds an interest in any Building site all such person shall be Members. The vote for such Building Site shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Building Site. ARTICLE IV. BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. NUMBER. The affairs of this Association shall be managed by a Board of three (3) directors, who after January 2006 must be Members of the Association. Bylaws Autumn Hill Homeowners Association Page 2 of 2 Section 2. TERM OF OFFICE. Each director shall hold office until the sine die adjournment of the next succeeding annual meeting and until his successor shall have been elected and is qualified. Section 3. REMOVAL. Any director may be removed from the Board, with or without cause, by a 75 percent majority vote of all the Members of the Association. In the event of a death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. COMPENSATION. No director shall receive compensation for any service rendered to the Association. However, any director may be reimbursed for actual expenses incurred in the perfornlance of the duties of a director. Section S. ACTION TAKEN WITHOUT A MEETING. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V. NOMINATION AND ELECTION OF DIRECTORS Section 1. NOMINATION. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairman, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting Imtil the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the board of Directors as it shall in its discretion determining but not less than the umber of vacancies that are to be filled. Section 2. ELECTION. At the election of Directors the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI. MEETING OF DIRECTORS Section 1. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held quarterly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. SPECIAL MEETINGS. Special meetings of the board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days' notice to each director. Bvlaws Autumn Hill Homeowners Association Paae 3 of3 Section 3. QUORUM. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a dully held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII, POWER AND DUTIES OF TIIE BOARD OF DIRECTORS Section 1. POWERS. The Board of Directors shall have power to: A. Adopt and publish rules and regulations governing the use of the Common Area, Private Road and easements shown on the Plat, to include Tracts A & B. B. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, the Covenants. C. Declare the office of a member of the board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors. D. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. E. File legal action on behalf of the Association to enforce any covenants affecting the Properties. F. Indemi-ify any director or officer or former director or officer or other person in the manner and to the extent provided by law. Section 2. DUTIES. It shall be the duty of the Board of Directors to: A. Cause to be kept a complete record of all of its acts any corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such meeting has been called by the Members. B. Supervise all officers, agents and employees of the Association, and to see that their duties are properly performed. C. As more fully provided in the Covenants to: 1. Fix the amount of the annual assessment against each Building Site at least thirty (30) days in advance of each annual assessment period. Bylaws Autumn Hill Homeowners .Association Page 4 of 4 2. Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period. 3. Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same. D. Issue, or to cause and appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. E. Procure and maintain adequate liability and hazard insurance on property owned by the Association. F. Cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate. G. Cause to be maintained the Common Area, Private Road and easements shown on the Plat, to include Tract A & B, and for which the Association has maintenance responsibility. ARTICLE VIII. OFFICERS AND THEIR DUTIES Section 1. ENUMERATION OF OFFICERS. The offices of this Association shall be a president, a vice president, and asecretary-treasurer, who shall at all times be a member of the Board of Directors, and such other officers as the Board may from time to time resolution create. Section 2. ELECTION OF OFFICERS. The election of officers shall take place at each annual meeting of the members. Section 3. TERM. Each officer of this Association shall be elected annually by the Board and shall hold office for one (1) year unless the officer shall sooner resign, or shall be removed, or otherwise become disqualified to serve. Section 4. SPECIAL APPOINTMENTS. The Board may elect such other officers as the affairs of the Association may require each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. The Board of Directors of the Autumn Hill II Homeowners Association shall designate a "responsible owner" and an "assistant" for the purpose of administering the road maintenance covenant. Hylaws Autumn Hill Homeowners Association Page 5 of ~ Section 5. RESIGNATION AND REMOVAL. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. VACANCIES. A vacancy in any office may be filled by appointment by the Board. The office appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. MULTIPLE OFFICES. The offices of secretary-treasurer shall be held by the same person. No person shall simultaneously hold mare than one office except in the case of special offices created pursuant to Section 4 of this VIII Article. Section 8. DUTIES. The duties of the officers are as follows. PRESIDENT A. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and except as otherwise repaired or limited by law; by these Bylaws, or by resolution of the Board of Directors, shall sign all leaves, mortgages, deeds and other written instnunents on behalf of the Association. VICE-PRESIDENT B. The vice-president shall act in the place and stead of the president, when absent or unable or unwilling to act, and shall exercise and discharge such other duties as may be required by the Board. SECRETARY C. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal if the Board of Directors has adopted a seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and perfornl such other duties as required by the Board. TREASURER Bylaws Autumn Hill Homeowners Association Page 6 of 6 D. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; cause an annual review of the Association's books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE XIII COMMITTEES In addition to the Architectural Review Committee and the Nominating Committee, the Board of Directors may appoint such other committees as it deems appropriate. ARTICLE X. BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and The Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the Member's Building Site. Any assessment which is not paid when due shall be delinquent. If the assessment is not paid when due, the assessment shall bear a twenty (20) dollar late fee and interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Building Site, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise avoid liability- for the assessments provided for herein by nonuse of the Common Area or abandonment of Owner's Building Site. ARTICLE XII CORPORATE SEAL In the exercise of its discretion, the Board of Directors may adopt and maintain a suitable seal for the Association. ARTICLE XIIL Bylaws Autumn Hill Homeowners Association Page 7 of 7 AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the Members, by a majority vote of the Members present in person or by proxy, provided a quorum is present. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control, and in the case of any conflict between the Covenants and these Bylaws, the Covenants shall control. ARTICLE XN. MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every, except that the first fiscal year shall begin on the date of incorporation. CERTIFICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of the Autumn Hill II Homeowners Association, a Washington non-profit corporation, and. THAT the foregoing Bylaws constitute the original Bylaws of the Association, as a duly adopted by the Board of Directors. IN WITNESS WHEREOF, I have hereunder subscribed my name this ~~t~ day of 2005. ~~~ Me ' Vadnais Secretary Bylaws Autumn Hill Homeowners Association Page R of R t~ 'd#i G:@..@_ Ir~I~81~.L.iGvI~' L;E.~b~3@~T' DATE STARTED 04/06/05 DATE COMPLETED 04/07/05 NE 1/4 SE 1/4 SEC. 30 TWP 17N RGE 2E DRILLER 2246 COMPLETED DEPTH FT. SIZE HOLE 6" WELL NO. N JA CONTRACT LUBBESMEYER CONSTRUCTION ADDRESS FORMATIONS PENETRATED FROM TO DECOMMISSIONED EXISTING WELL TO COUNTY AND D.O.E. REGS WAC # 173-160-381 PARAGRAPH 1-A WELL DEPTH - 101'2" CASING -STEEL DIAMETER - 6" PERFORATED CASING FROM BOTTOM TO WITHIN 5' OF GROUND LEVEL. TREMIED NEAT CEMENT WITH A 5% BENTONITE MIXTURE FROM BOTTOM TO TOP. CUT CASING APPROX 2' BELOW GROUND LEVEL SHOE AT FROM GROUND LEVEL. TOTAL DEPTH DRILLED SURFACE SEAL DEPTH FT MATERIAL USED AIR PUMPED GPM WITH STEM AT FOR HRS. STATIC SCREEN DIAM. SLOT SIZE FROM FT. TO FT. REMARKS 0 A\~ ~ ~- d ~ - -- ~ ~k~ ,. ~ ;, ' i'.~. ~C3X 73399 ®PlJVRLL.I~~, UV,~ 93373 NORTNCI148BG l ,., - , . .: ,,~,, , r _, s: Dade --- - ~~ -- Customer--------- ,_ -- -t-- ~ Job Location __ _.~ :,gr ~ ~ ~ -.._ __--- n S`~~ Adclress~ ~-_ -_. _.. . ~ ~ -. - _-.. .~- ___. -~_- _- ___-.__ ____. ___- i City, Siafe, Zip .!ob ^hone ~,&~dAEC~EAC3i ~ EVi9C~~i°aC.~a~ Sl'AdVDC~4( G'C6Vi~ Stop` Si it (fr,~~9 t n ~St I~ C~tal ~ 9 ~h~9;~ C~C~C~ Bd~ B"'if~,SCtid j _~ ~, ~. ~ urge ^ Sink l I Flog Drain ^ Pump rrepzir I ^ Locator` ^ Camera - ^ Toilet ^ Tub C1 Flai O Firm r Standing Water. ^ Lei_mchv ^ r,~. ^ Plumbing ^ Jetter CI Vnid l.Jroei Tank v I=III t7 nder T..nk ., -_ c. ~. ~. Tei -. _ ~ r ,, <.~, C] Lcose & Cavey LocaLng & -~ i ~ ~ ~. - -- 5u^ [n~;iP< cJ ~~tart Inche~ Dii il' - I TANK LIQUID LF_VCL I Noim ^ I-!igh n ca r'1 I App L. _ ,,,~~~ ;_., -. umoed -» -. ~~~ ~ Setvi€~ Mari Trur o -ir ~Che;.h Cnsh ~- u ti Out .a 1 `,~ f~ ~a$~~~8 ;~p~~ ~~~d?aa~~~' ~'~~ 1 ~'r~`e~s,~. ~ G~~~ - ~ I CSrJt~. 'mss C s,t. ~6~~ ~ ° ~.~~ , m.....v '~ _ Signature.--- - --- - - _._-..--- I `li Lim6~3G141w~°: (I~dm~ ~~ IIA,~°~"~. 'V'/z`% C~~.1"e hfl(~f~9F6~ ~i:VL.BYti~"dQ,D~N~~ ~:C-~~ff~~'a~ ®9~ C~~~" CP0.9~ ~tG~CDfl3u`uA'.s. ~` After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: Autumn Hill, SUB-04-0036-YL, Yelm, WA Grantor: 1. John Lubbesmeyer Landshapes Northwest, Inc. 1151 E. 112`i', Tacoma, WA 98445 Grantee: 1. Yelm Community Schools District No. 2 Legal Description: A 30-17-2E S2 NE NW SE LESS RD ~3~i3c17~c~ Assessor's Property Tax Parcel Number/Account Number: 2z"iz3flA6 ~ ~ THIS MITIGATION AGREEMENT ("Agreement") is made this ~~~ /' - t `I.. 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (t e "District") and Landshapes Norhtwest, Inc.. (the "Developer"). RECITALS A. The Developer has submitted an application to Thurston County for the construction of a 24 lot subdivision "Autumn Hill II" Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: Two Thousand One Hundred Forty and no/100 Dollars ($2140.00 for each lot in the subdivision or the total sum of Fifty One Thousand Three Hundred Sixty and no/100 Dollars ($51,360.00) (the "Mitigation Payment") for the 24 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of Two Thousand One Hundred Forty and no/100 Dollars ($2,140.00) per dwelling unit or Fifty One Thousand Three Hundred Sixty and no/100 Dollars ($51,360.00) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, andlor Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION Io83! General Location-1-94~r, Vancil Rd., Yelm, WA Section 30 Township 17N Range 2E Land Area 5.94 acres nn~^fon~ni nn_ Tax Parcel Number: __ , ..... _.. _ „,. oZ~-1 7jp 1 3V~ CEO YELM COMMUNITY SCHOOLS DISTRICT DATED: ~ ~ 7- D ~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) ~~ r~ By: Alan Burke Its Superintendent I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent. ofthe Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. ,/~~ GNEN under my hand and official seal this ~"'" day of , 2005 :,~'S~ENSq~ ~,, O LI m and for the State of ~•......., ~C` ~, Q''.••NEXPjj~; • '9 ~~~ shington, residing at ~~ 2 ;' ~~ Y Fs'••• '~, My Commission Expires. - _ ~:~ O~~ 2 ~ ' •.......••'~ P. ~~~~+1STA7E`O~ ~~__ . DATED: S d ~~ John Lubbesmeyer Its STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that John Lubbesmeyer is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GNEN under my hand and official seal this s~~Cday of 2005 ~• ~, STENsq'~~,~ NO m and for the State of ,~~,.•~pN•~~ ,~i'~'~,~ 'ngton, residing at . ~o~ ARY '9FN,9 '~' My Commission Expires: ~p -) q -Og P ' Mav 26th, 2005 City of Yelm l05 Yelm Ave West P.O. Box 479 Yelm, Wa 98597 To Whom It May Concern: As per the final plat process checklist, following is a summary of how all City Coucil conditions of approval and SEPA mitigation have been met. ~.~Open space has been constructed on the NE corner of Birkland St S and Vancil Road. Said open space exceeds the minimum square footage needed of 11,064 square feet. ~'I'he approved open space has been constructed, improvements include; basketball court, permanent picnic table, planted trees, hydro seeded grass coverage and metered hose bibs for irrigation purposes. ~w ~; ~ epen-spaces to Cityflf--an-face oTpta~-- ~4! Frontage improvements professionally designed, approved by City of Yelm and installed as per plan. 5: Seven hundred fifty seven dollar/unit Transportation Facility Charge to be paid at time of building permit. ~. Engineered S.T.E.P. Sewer System has been installed with 2" main line and individual lines stubbed to each individual lot internally within the plat. 7. Sewer connection fees will be paid at time of building permit. ~8. Septic system for existing home has been abandoned as per Article IV Rules and Regulations. ~. Water has been connected to the City's water system as per City standards. t'0:~ Water connections fees to be paid at time of building permit. 1T'~Existing well on site has been abandoned per the Department of Ecology standards and documentation submitted to the Thurston County Health Department. ~I2. As per the title report no water rights were found for the abandoned well so no water rights have,,,been deeded to the City. L3: A separate water meter for the open space has been installed and final civil plans submitted for review and appro~~al. ~4. Storm water facilities have been designed and constructed in accordance with DOE Storm Water Manual, and final storm water report submitted with construction as-builts. 1~: Infiltration systems for roof drain runoff has been engineered for individual lots and shall be installed at time of home completion. b6. A storm water operation and maintenance plan has been submitted to Community Development Dept. for approval prior to final plat approval. 17. The storm water system has been assigned through the Homeowner's Association CC&R's to be held in common by the homeowners, and annual fees have been determined for the maintenance and repair of the storm water facilities. 18. Applicant has submitted fire flow calculations for all existing and proposed hydrants. 19. Applicant has submitted a fire hydrant plan to the Community Development Dept. for review and approval. 20. A lighting plan has been engineered, constructed, and approved. 2.1: A landscape plan has been designed, constructed, and approved. 22. Applicant has complied with the mitigation of the NIDNS issued on July 17, 20u 1. 23. The name of Autumn Hill II has been submitted and approved, a final plat application for addressing purposes has been submitted. 24. Applicant has submitted a grading plan for review and approval prior to any site grading. Thank you for your time in addressing the final plat submittal for Autumn Hill II, and please call me with any questions. Sincerel , . C-~--'~-= ~~ Paul Lubbesmeyer Landshapes Northwest, lnc. President WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ~AiVDSN~i~`~~~~1a~~1~T IwG (hereinafter refereed to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Nl~.i-~ , a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the spTec,r,cat,ons noreir~3f?er vet 1vl'T,n~ wnQ WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. I~AI,t ~ Lit 3~~n~i_alt~ s~~ ~ ~s~,~ -~PES ~~ N wt~~ .lac l~iZ~~ i~-1~t~T STATE OF WASHINGTON) ss ii ~i iiy i v i i~= ~ --ii ir~~ ! i ii~~ i vvv~ ~ ~ v~ ~ v~ v. ~ On this Z G ~ day of , 20 ik~, before me, the undersigned, a Notary Public in an for the State of Washington, duly commissioned and sworn, personally appeared that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this ~~.~'~ day of 1~'~ C( , 20 U ~. MELISSA A. BEYER N ry Public in and f r th NOTARY PUBLIC State of Washington, residing in STATE OF WASHINGTON ~ "~ ' " C . ~Ci,~_~ COMMISSION EXPIRES My commission a fires: -~)-~~ ~ IeAll IAQV [~ nnn~ CONTRACT LUBBESMEYER CONSTRUCTION DATE STARTED 04/06/05 DATE COMPLETED O4IO7IO5 ADDRESS NE 1/4 SE 1/4 SEC. 30 TWP 17N RGE 2E DRILLER 2246 COMPLETED DEPTH FT. SIZE HOLE 6" WELL NO. N / A FORMATIONS PENETRATED FROM TO DECOMMISSIONED EXISTING WELL TO COUNTY AND D.O.E. REGS WAC # 173-160-381 PARAGRAPH 1-A WELL DEPTH - 101'2" CASING -STEEL DIAMETER - 6" PERFORATED CASING FROM BOTTOM TO WITHIN 5' OF GROUND LEVEL. TREMIED NEAT CEMENT WITH A 5% BENTONITE MIXTURE FROM BOTTOM TO TOP. CUT CASING APPROX 2' BELOW GROUND LEVEL SHOE AT FROM GROUND LEVEL. TOTAL DEPTH DRILLED SURFACE SEAL DEPTH FT MATERIAL USED AIR PUMPED GPM WITH STEM AT FOR HRS. STATIC SCREEN DIAM. SLOT SIZE FROM FT. TO FT. REMARKS --- -- - - - - - - --: -- ~ . ' ^ ' ' ~C~ ~N cg~t {~3y~~ A~ Lf (, LP,; t,~ y.~~A;} Lti fEJ (( `L'95~ ~~a ~E~L~ &' CJ li ~~t![i 3' 9 `S ~~ ~t1' ~1 cLf~:J c) ~i ~ " ~~ J~ ___ f~V C1~1 _ G L,~9 ~~ j i \~ 'ir P.O. 30Y. 73399 m PUl'F~.U_U(', UNDO 98373 ~ , '" '"` ~~~ 6G iVOFITNC1148 Dae _ CuSto171CP _ Job LOCal10n - ____-__ ~,.> Addr~ ~ -- ------ -- ------- - ' City, S'cate, Zip -- _-- .!eb „hone ---- _-_.--- ' C6~t~Ei~+E6~~i_~=FJlSS.rRaO~~ S"fRiV~?@V i9ME ~~-Sto~p ~~ Siart ~'Eoi~ti ~, _ irSi. I TfcnraE ..., a,. ....~.. ,..a.,..,._ ,.._:.,.--_ ._ ~~- ~-. -, ' ~ 4 ~ ~ __,,.- _. , _ ~ = i \y 9..~ tB~i,P P- ,SCy~;~btlit ~ niam Lnz - Sink D Floor Drain J Pump .2p~c Camerz ^ Locator - ^ Toilet ^ Tub O Flai O Firm ^ :3tan ~nq \Nater , C La,un".,v _.... ._.. _. . O Plumbing ^ Je!?or ^S'ni;l 1. o- ...., JRII Under T; :. _..,., ,.. _~ .,c°-?, r. ~~~. .k __= ^ Lcase & Cavey ;' ~ Locating & > - Digning Fours ^tart Inrhes Stop Inche - - TANI( LIQUID LF_VEL ' Plnrmal ^ Nigh C Ww.'~7 APProz fan: ~iz~r ~- f uan ~allonsPUmped •-dr Geivice A4 n Trucl l o Check Cash narg"c, 'Itl^ OuG. ~'~,'~.II~~~~°` `~r'SF_i-~Lt!C~S ~~~ L l(!V!'~ "'6~RG~E .~ '7''lfG:~ r.~ti~ a q6~ x -~k - . 1 ... ~ _.. -_ - .. _.. . I __ _.- _-_.--__-. -_-_- -_-._._ -_ -. _.__ `7~~~. J~Vl4,C_ _~_x~ m.4u._.._.__W_....__r._______._~v____.__~W.~. .._~_~__ _~_ ~. ~__.J T/~7~ E.~i~~ ..__~.~_._~__._. J .~7 _.~. . . .~._......._.__- ._-- i~~.ou~6d;: ~trw a 'V 4! I:~F, .;,. ~'/z`% F'L.Su iJlONi'lr~. t~Ek_Gl.;~.~ui ~tC~ ~.C a~=,t7CiC OED F~...rt rJ' ~C~ ~dr~~t~.lt~a3F~ i `~. After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: Autumn Hill, SUB-04-0036-YL, Yelm, WA Grantor: 1. John Lubbesmeyer Landshapes Northwest, Inc. 1151 E. 112', Tacoma, WA 98445 Grantee: 1. Yelm Community Schools District No. 2 Legal Description: A 30-17-2E S2 NE NW SE LESS RD Assessor's Property Tax Parcel Number/Account Number: 2~7304-?~9-100 :~ .~: ~ ~ `' r ~ `' ~ ~~ ~ J THIS MITIGATION AGREEMENT ("Agreement") is made this ~~ of }~ f CL , 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washin on (t e "District" ~ ) and Landshapes Norhtwest, Inc.. (the "Developer"). RECITALS A. The Developer has submitted an application to Thurston County for the construction of a 24 lot subdivision "Autumn Hill II" Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: Two Thousand One Hundred Forty and no/l00 Dollars ($2140.00 for each lot in the subdivision or the total sum of Fifty One Thousand Three Hundred Sixty and no/100 Dollars ($51,360.00) (the "Mitigation Payment") for the 24 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of Two Thousand One Hundred Forty and no/100 Dollars ($2,140.00) per dwelling unit or Fifty One Thousand Three Hundred Sixty and no/100 Dollars ($51,360.00) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. if building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. ~. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 1 ] . This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION Io831 General Location-~69~5- Vancil Rd., Yelm, WA Section 30 Township 17N Range 2E Land Area 5.94 acres Tax Parcel Number: ~~6~9E)' aa-r 301 3v~ vo Description: Subdivision of 5.94 acres into S4'single family buildine lots .. ~3 YELM COMMUNITY SCHOOLS DISTRICT N . 2 DATED. 7 By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. 1/,,' GIVEN under my hand and official seal this f""" day of , 2005 :•' c~'(ENSA~,+~'~,~ O LI m and for the State of '=~Q`;\o~~jR~..9 '~,~ shington, residing at Z.~ O 1~Y s' ••,• Z ~~ My Commission Expires. ~~~~ . 0 ;p fix, ~:• ~ . •{ . ~~~ > tv Pv o : ` P _ ~~'~~STgTE`OF ~- DATED: S d ~~ John Lubbesmeyer lts STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that John Lubbesmeyer is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision 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 s~~(day of , 2005 ='~, STENS+,q' ~~,~ NO m and for the State of ~~ ~ pN~ . ~' '~, ~ngton, residing at . '~ fro' ~(` f ~5'0~ RY ~9~;..,9 ~'~/ My Commission Expires: ~o -) q -Qg ~ ~''~ A N . O :o ~'~•~G i z J : U Ug~\ O P .; a r~ mciAVa~~ ~a r a-i^+- ocaam~ v-tv atn a cn ~ w !v r c ao cvymczc~~i~x~~z ZZ~ o~~sa'' ~~ooDrSi^~+-ti°$~~~ A ~ -m a= va m mm ° vii 6g~'~v°v!''ra-,~svy Zvy °NZ~~ A- }"i om °°m~ Z o~~~ x ~_<~ om~ i°z- zF „~~~ ~ycD~ °z ~Z ~DZg~~~~g~g`=?~ mmi $jzsZU°mi p°~rzr•,az'mm''vAp~g~r~+,~ c aa~v ~ ~~~y o-° ns ~ x V x to m~ .~~°tn- °vyg. ~ yOK'i Z~Lif Zc-,mom'' o ° A r As o a~m° cz' ac ~, >'' +v^~irp ~ m• rmy2~~c~ n~2 ''^~m ~y~R~rm x~yp'oyaaoz-,~iy~~t ~ oo~ ~c~ A = bAC~ Amy D~ ~ ~~ pv~ Z A~ C~mZAA~22~tN Z~ti ~2DtDj-xim 2A~tZnrr-~yDZ7ZC~p>~ Z °~~~ L m~v Dya vo a $~ v~ _~ ~ ~~ ~~Ay~Zm~-za~i ~~$ v~~= I a ~amml,~~+A~vtnm y,,,a ~ ~ ~~~^ cni~=F o~a m° ~ ~_ z~z i oo vyinvaiam°nj2+lavm tmn~rra- ay 5~-t zwsmx'°''~tmnAn~~~> ~ z rm+,4g"~' a -, to am ~i.. ; gmz,~r7• ~yDx SCZ ~ y m~ a ~~ m o ri I c ~o~ m im ivm A;myI~D nix z$ zDV ~ ;c y y s tynv~A o~i ~~ ~ z~ o°~ ~ I ~~ av° Domtog~ m m = A .~ mo $o ,~mv~~g ; ~~t»g z ~! my °y O I mAO. ~itnZ°- r.tA a ,vmia'^- ~ ao° 3~A$ m-t4~~m F moo ~] y'~o y-t stn A a g; I ya my yitn Zv m izn n 2i iy1 ~ As z D ~ ~+i z°A~A oao ~ ° ~~ ~~ ~] I ao tn~~ me cnatm° av ~~"'ar z amrTimy x~ mx ° O o m < y _s aca I i a m~Am~-rAm ~" z g zz ,cD °~; ~z!^,z~ "~'' ~ cOOa ° aNr~ Dym '"2 g ~ ~z-+ ~ I m i~r,t"t oAaaA~A z~~ o Ac ~ ~~mgMA z on ~ ~ ;Z Z ~2n r 2 <- -~- C/~ I ay" m m~Svml _rr-~ m~ mZV ~yi~~m0 nAimmpi nit ~m A m n s2Z D°x~ 2~A ~~- m y m-ty I Aa to '~O ~~ rm-m2° At°it~ 2 mrrmn DaAyy°i~$m~$<° -+ A" D Z Op -tr0 n n m I mZ m D m ~~<z0 y m mtn-y to m 5 p <m~g z ~~ri+tZ OmtD7 s'm^ ~ jC A(yjC I ° ~$ D g~a Zl~p yF0F0 gm a~ Am'fi mr < tnc AAlp~i ? xvy •t ZDOm m2 '<A 2 Am a2m I ~A ~ m~~Dx'<~nFA =tZa Snr~.t»Z aim;<n~~m~yA~'jZ 2~vA O iz~~ ~°; y;m ,, mm v~~ i ~,°n m~z~ zz°~=aa mz z-t nn °z~ m~,r a'^ ~' vv ~ A b °r~mp A m y m °~ y I $ A°m a,~=z mAm n-cc~r~m =-, zgv~ ~a~~g vzA v FF mm z- ~° p ^t°A- yZ-Zt O trail 2y OAy-y j ~~ CSAV-{201mifZ~yZ° °yn ao'~~ao[ ~A~~ ~OAO~iyO ~ nQA~ A /~ AOy~ '+Oma m 2 ~a y°a i c2 m~22-tmyCD°C~~ D~i ~AtA~A!~ umia~l~~r~~mst~il~'t ~~~~y p ~l ~ a o r r s ~ I m Aga oA~~ ° m -,o -z -c.~z -tm n> gz z ao z~ m zA $ m .., t°n`~^oyo~ ~~g m rr- "m+~ °~S i °m~ g~rzmv,•`,A~~zr~ ~~,s ~~gac~n g~~$o~~iomm~"yr~a ~"A'sy ~ ~ o'T~ r.tnryr ~ pp'' m Aa to 'tom I A< omf~mZAym-Oa0 Amt m- A c)~a x~m< Lao r^ACZ~pp o 't0 y =yam ~m~ A m DZ CZy I C g°~$nZnAC~'-t y~~ _y~-;r+~j lA ~Ay~ AyVlm~~~~2 M yOf+"jC tw ~<Om yvm A Oy~/1 y0~ I ~~ 0~1p~AA~F t/Ia0 ~~F mtn2c mA y~>n~npm0)Ay +~i~ _+ O;N~ m ~O?O ~m~ > a ~A nNg cp c~= C ~ ~iarA A 2 nnaDmC v~ D -tn~ a Cnm~ N ~O 5 o A m vAim °ADggo~t^$"'o°c '^°n -~zA-z+Aium+ Ls ~yitZil~+imr~g az ~ ylgatn O ~z ;r~a~ °'' ~ ~ °A~ ;~ ov Z~• +~zgZAtna~~ ?gx <A>v;Aa yoamm~mtno~~vo ~ "-,='~ ~ O m;sD ?° Dz $ og ~~m °o o~O$m~o~~~"° ~~ $,rD-zRZ~ v~~i~iz~~o~~~~o y ~A;g ~'~ z°~o rZ° ,`?t ~ ~> r=m °z o,,,rmrrrt~as~~Z y= ~~m ,~,,~ ~~~y?°Am~gcs ~mi~' ^~ ~~i; Dz~ a ° ~~ zg~ ~~ SS~~°°mzz ao ~~ ;~~~ m y ° m crOZm O orA ~ O °DZS N< z ~ a~ °~m <m ~`^yA~~AOVZ<o ~D i;~`$~ in° I''^~+z= ovi°~~ ~izQi c~ Av~y ax n ~ n~ rA.tmm z -Dig cD~mi t 2~ ~ '' $A~ g'-~r°~sr~ vyio si $~ zy`^O~m`~"aca7 m°" ~.. ~c i ~-Dt ~ g mx ~~~ z ax~o~"r~~~^A<A $~ ~mg~~ ~ox~v~',,oF zv~-zc $~y~ \ ~o o y2 m m $A -tzz "' x~~~r^tr;ry2~2°Z tng mzyaz n gA~AZ~ z ~i ag A r2 ZD p m '+ m yy~2Z A°a0 Dn m iA ~~ ~mp m~~ y~Z otn ~, ,, chi ~i z vm io~c° m zm A~ag~ a;~$$° ~c "r~ m$ O iz ; c °~ Dr -°, °vAS~~~'0~~~'~ atzil ;m~aD ~~~~~g$m~m~; z~~ ''7 ~o y r zN cz ~, DcD'~r~agA~iZ '' y~ •~-zm ~~ms~rg~n^y~ ~ r~yi M ° v~ oo n ° to nmtr°tT+1 rZ;ar ; ='~ a ~ m~ ~° oi"m' !^r~*I~ rz.,m ~Aa -cvzzm ^t~r~ n Z ~O tj m ~ ~ C n ZA ~-ZiyO Ls] n 'i ~ Z Cp'12DrODD~DxD 27c j~ i A 2 m- m as-2~ b y ; A 2 tA- m Da-a~t0 n to Z 2A~~AOy^t~~y~~0 < ^t o ~z -c z z°~ g ~ •i m o ~z < z zv~ Az Q` ~ ~ tnmm r5 o~ymm[~yiF O n '~ ='r~n y ~ gz~~~~ ~ ; n ~ ~~ r ~ gp~?>`^ ~ p^ S ~ ~psn°,~n~"' ~~caiz-yir ~ to ~ ~ ry $ ~' a~;t~~l ~' F to ~ ~ ~y ~ `^ ate.-ZiOi~~ ~' F ~~ ?vy~~^yg°yamvZrn 'j z° , n ~~ a ~ ~oazrm.,i ~ D $ ' ~ ~~ z ~ ~os$oi m y ~` A A~oa~~~~zmm~a$ ~ am m y z~tno c g i a ~ogc~Am x i ? rm $ M iii°' ~< vAi ~ x I Z ~^A+ $ M a$°a;D ~ z ~c $ i m2 ^ttnm-cF~ w Z m ~ g 'ttn ~1 rat A m r r~~ c ~~ m ~ osxFZ$ $ °z ~ i z ^~+~ m ~ oaxzz~ m ~. z; °~v~'A^m~~ra$~a o r'+~) to I - A to O Z D of I ° - A to v z c) O ~ a- m ° D n°=oi i ° D n°° i ~ a <rA v ~z~ I $ ZtSi ~ o =~oy,i,,i ~ ~ I $ ZtSi a o x~o~Qoi !^ ~~ A `~ ;pm"'$~ZZa"'zv agm ~ ~ r'1 °~ i ~ m~pgpzi i m °~ i o FD~p$>mi G ~ ?y$-,o~,~°,,o~'i~ p~? ~j x a az I a tnoD a az I a to a I A't I = a2~70~1 I A-t I A ag~g~l '~ g i~°s~~~a~Aa z$`~ n y~ I ,'(, o I ° a• v'L~I I ,-{, ° I ° a• v. ml ag; myA m xa ~v o am °D z ~oz°z°o i o zm °a z ~m~~csio ~y i '~^°~zAg-~~~r~ D=' ~ c= I '' t^-t -c = AtnDmO I '' `^~ -c x o$ amo /.y ° -+ a$a~ io Ag ~O I F -t a ~ ~AO ^~y I ~ y a A ~-t N `/ y °D -tm m n- tan m; ~' ~ ~~i?gym tan m< °'' cyi Mmixmm ~i~ a ~~;ao„t$AZm mtn~ O Z~ i ~s i c °N~~SO i ~a i c °cyco~ ~y ° oa~~°A~-°ij~,mvci $"~'~ ~ n~ n z I ,~,~ om amA n z I ,~,~ o~ m$ o a~$ i ~'1 2 0 l cn-,~,,,m -, u I y-,~zm 3 K'i Ac.a z m°m ~cr Oy ~2 I ° ~imkAm Z ~2 I ° rx+t2m°~M i vri Da't~Dr~~• ~ >~m xn r/~ ^~° I in ~°m~vm,v Z° i v~-i ~°`~m~v ~ tS~=~ S~~o~~n~v~S~$~ Z~~ ~t~ H1 Z~ I 2 ~ C M~~~ ~ I 2 ~ C~~ i A •,~ ~ x y D~ m y O Z~~ m A Z m ~ x l y y~~°-Zi° x l y yA~~AO N+ Af I Z2A~~Ol~DC 2pA ~[+j smr vm a z ~irg~n $ ~, 7 o -zi ~~i~Zy o -z+ t^~ioZy ~ ~ ~rD-to°rca~~ gaa ny ~1 u o ir_A+,vZ°m ,u°. o ;mo~~~ ~' rm,'c~ay~~~_m y2~ yyi $XX$ p 6~ ~ 2ZCZ~~ ~ ZZ~~gA ~ ~ppyy~2 ~g An~ x~D Z~ N ~ SAO ~ ~a°a i =7ya~o~$~ ;tn A I ~' a ^t y a o goo v oK ~ $ om~2c~ ~~ m z n n .~ ,}/) ~, ...~. N~ ~•.. fir, d s s ~ ~ n m m '~ ~ x a a < ~ x~ ~ n x~ ~~~ c v I y m ~ mAx c a r a ~ s e ''pAa .. ;;~'Y y y Z I A I I ~ 2 ~ a~ O O r ~. to:''~,m, ~ to c I v z I ~ o i ~, ~ c° ° ~ °c o ~ ; o 'b ~ o QOM ......... ,~ .. ~ < i o ~ °D ° ~ ~ ° ~ < ~ ~ ~ ~ ~ ~ ~ i v a ~' v to ~ ~ -j ~ ~ z ~ ~` ~ ~ ~ v ~ ~ ~ o ~ o O ~ o Z a ~ Z GGb o ! ~ ~~~ b ~ o~> `~ y o o '~ A v m v~ b mo y ,°,t ?~,t A m o i i m '-~ A Z ° ~ ~ ~ ~ (~ ~ ~ ~ lTJ c y° n A I ° y z r -, to to .~, to t^ ~ O e r n ~ v. ~ ; ~ O p~ k I I y I I ~1 ~ ~ A a r o ~ I I to Z y y I ~ D I ~ I I ~I ~ y I ~ ~ m I ° m v ~ ~" ~ ~ nc°~ v r o I ~ Ag a ~ °a °s °s O +?~Cn ~00 vAi A IA t A p D I ~ I I I < v ,,, ~ ~yxA DCD m ~' I ZZ I I~ I ~ ° s N ° I I ~n mzmi~ zpD o i N~ ~ $ D m I I ~ i I to z ~ ; r~ to I I ~' I I c~ ~ N V r ~ ° O O N O $ p ~ c°n $ u N W .p 0 2 I-am Ingo r r r r r r r r r r r r r r r ~- r r r r r r a 0000000000000000000000 ~ O n aoa ~ ~Iy~i ~1 ~1 ~1 ~1ytiyy yyyti ti'i ~i ~l ~ltiti r +~ V NNNN~•~•-•~•~•~•••-.•..•bco V0lU+uN" A tN IJ-Ob00VOiN+I.~N~ v A m ~ ~~ A\ ~'^ O;01NO~0000 00 0 00pgggp~pi0;01o1 ~ v ,l F-- - 116.~D- 'A NNN-vbaUOfVVVVV--NNNNNN > y,l Ob0 bn1V VOOOVNG ~O--NGG ~/, oiO+ON-Inb W-U~b (n-V(,ibU tDOW OCCCCCCCCCCD7p~DmIDmO~ = I aAAAi~~~~~i~;iAA~AAAAAZ I ~rx-r~ssasaaaa>ar~-r~-r~-~~,x-,x-~ ~ aaaazzzzzzzzzzaaaaaaaao zzzzcccccccccczzzzzzzzz I ~ OOOOi~;iii;;~~OOp000p0 p~ Vlln In Vl(nN Vl Vf In Vl In tnU VfN V1 V1U In V1 V11n b I -1 -I -~ -I -I ~ :-I -~ -~ -I -I y ~ ."I 'I ; r -ti '~ '~ -I -I -I N I +C O ~m AO ^' In~ms- xADUi~~ ~ mm ao ~~ y 4~' =A~ °~ -+ m m~~~m z ' ~ aa. om om I ve i • VA Op~c~ ~ O~ ~ ~xma~,a oz \v~ag~ y ~IZ~ p~ ~I~yaa r~ o z~~o z azmAN 0 o,~oe~~ ~~~ a oaa~-' ~oczi~^~ ,D ~In~c ,; ~aa9z~ OI ` r''+11 ~ j~ OGZ ~I'~i noom= U~A~~ 0 O mOU~ I ~A=~N ~ N ~V`l ~ Ot^O_'tn ~1 ~ V ~N zs t~ jV' ~ ~ama~ I tail Is1 ~ ~ 0 m c 0 zm i°z z l''rO+ls mp n~ NZ 't ~ ~ ~~ ~ ~YVxC o~oo~] O U2oAR° ru mYo~~r~ # O n ~J ~ ~ C~j ti u ~ V N GJ IV ~ . w O -• 207, 35 ~S 7 ~'~ ~ ' ~ _ ~ / `~ _ 12J.42 - N 01'53"59" E 242.51 0 125.92 --- 240.01 ---- --- S 0153'59' W _ -~ ~ I o vwxcu. Rowe sR mo ov ~1 m / • -. I 208.01 • • ~ I ao I 1740.01 ao N •~ I a> o r- ------ V--~_--------~ ~_ . I •~ iy $ :.: :e. ~;~ ..I p ~ U ~ I N I m ?;; ••I 'i: a a 'J, 4 .., 'I: I ~ ~ D Ql3 ~~ :: ,~. ~ ~: e I -uFta~ I O' Q~IX~vai ~Aio~~ I r a I ~ I~ Ain ~a.:~ I ~_ I 4 I- ~~~~~ bAU~~I m A 'n. I I ~ IA t5 t'0,,, ° ~ I U p ;o ~ a i:i N 0130'41' E 2646.96 N 0130'11' E 26J9.J2 2 ~, ----~-- _ ~~~ a iJl 66 .. II ~' 1319.66 c;clc~ctc~c~nnc~nc~nnnc~ n !:~ ~I.o ~j a a N ~ NNNNN-~•••-•.. .. .. ..-..n C~()C)l~C)f)l~f) I2C ~ •r ~I+~G _ +l,~N-ObUVbU+WN-Obm VaU+GN- 16 .~ y ^~ I ~DyN~ ZV ~N 01370"E'P, ~ A O GCGll '~'< iq N I 660.54 660.51 d o 4 N 2S +-VUG(w+NUbOOUN N --bNN m m I H=~~a N~^ ~~ MI~ rn+-OOH-m(.;OObabN+N+cnb++Obb 2 V1 r~ V a o--+owricn+cn-:.:~wc.~ocnc:.c,:c.~c.~uinir;,c,~ -1 ~ i„ ~ I b~~s~ oR~O~N ~ "' +o;UN+bb01-VNb UNOI (w-ONbO~b UU O~ O r ~o ~0 la '~ i ~i+.N--ENO+~1 Vi0-OViNUi#NUi00P00 I~~ ~ m I I"~~~~ =i= ~ 1322.50 ~ o ~(.iOINOI ~NVUInOOIl.~NO ~mNmObmrn `-I - I m \ ~ ~~a N I „1J2?.SO N013J'S9"E . IaRt o rn z his ~~n~ m S O II I N~a~ u.. NUUUtnUUUNN N(.IVNNNOD 00 doNNf~++U Iy~ p~ O ~~\~p0 q'NI 14 I}~" (n Vi ln(ntn(nlli (1i l7~Uln GiVV~O~O~NNN-~-~(nb+ Ip 2 ~ I ~"• ~;Z ~I I yN,~ t. G 000000000ooo++a++++++o++ Ic - ^1 I N V ul4 0 00000 000000-----+•+•+-+-~0---- IIn D 'i I - ~~ of r ~ L_ - -~~ - ~ - - N-rn+t..c.,+NNC,.wc"b cn -+i,.c~.c.~cnV V im ~,,~ "" - - - - - iJ15.33 OWOD 00 (nO VNNbb(.~-~UGO~+bO-~-~(/~V~O z j p 1J2S. JJ Vaoo-NOa-.+.-.~o+o+Nw+c.~+oa+N~V IO, ~°, 50137'16'W 1650.67 O-~mIwOGNOibO+m-~NO~bNVON+00UG II O ~'+7 ~'7 O ~~ O '~ K7 ~y O '!] ~y n w O ~r ~r x ~ ~Z O ~7 =d'T. C O ~1 Xn _f 'j t*] ~~ ~~ 0 ~Oj yy. z "~ N O r~ v1 ` J TRACT A: TO BE QUITCLAIMED ~~ TO ADJCNNINC PARCELS ro wESr. 1+aDINC I EXISTiNC FENCELINE. I c.w .QV ~% ~ °' ` 94 ~ g ~ v ~ ~ y, 9 . 04. ~ c; \ V ~ N\ `? I S 01'42'05" W m i ~ ti ~' i1>. o ~ ;- r-- V1\ SOD \ b \ q (wji ~ O m Vy \ y \ byv~ \\ ,ti~0 \_ ~I_I _ ~ ~~~ a a" \ c .~~ tiow \` .. ~ ~ ~ ~O ~\ ~~ ~ ~' ~~ / ~~ V\\ ~ \~ ?; ptO ~ ~ / /~ i I 4 `~\ ~~/ // v~ ~ iy'I+ y0• ~\ ~ 7 / / / ~> I S 0153'59" W ~ n~ ~ - ~ ~ ~ ~ ~ ~'' / '+] ~I . c.': 140.48 ~ N ~ +~C 4 ~,tt'`~~ / 7/ // Z - - 109.40 S 01'43'08" W ~ 13.00 I _ ___ 49.J1]~~ ~, - 0 ~ 28 0 0 137J1 irP~ . In C I ~ N 0133'59" E m I ~" o N~ N ~.~j ~ rS1 ~ °, I a~Z m I (~ '' 0 o s 002 N ln~~ b ~'3 A ~ n /!: mzo V ~ Ij \\ U S 0153'59" W Iv y ~~ ~~~~' ~ I C ~ \~~. ~~ I ` \ ~ A % ~ ~ I ~ \ \ 144.64 I. I .. uw~i p I ~ y ;~ ~\ I . % ... w _ ,~ / ~ / / L ---- - - oz a y1m~ m 2 In 2 N ~~ ~~~ ~i~y NoA w Gb mom tDao~'7 ~ra- C a mx imtn~ z-I° "'yo Ory vf~S A~~ yoZln ~ g z °>i$ 4z a ~ o~ppa ~Z~ NZU Roo ~o~ ai a ~p Zp~H nNL ~U O N~ O r I r- O a oyo p~~ ~~O y 'D s M a y 0 ~I L ..r..... ..... S 0158'39" W 155.01 ' i0 55.00 55.00 W U U U m ~ 01 ~ V N ~ V N ,ONi N ~ ,RNi O N b y 0 b y b rn ~^' m m m I I I I I 1 I S 6152'20' W 544.54 I I N 01'4122" E ~ 66.00 8, z 2 ~ ~ ~ W N .ONi N ~ Oi n0. °~ + ~ F ~ 6/iiM Vim{ sT s~ ~- 0o S 01'42'05" W 349.80 132.58 ---- o - - - - - 211:21 I (HEREBY DEDICATED FOR PUBLIC USE) u -= 4---'mss I 4. a d I I i ~' + n~ S 0153'59" W I 28 28 + N I I I EX/SpN u w 1Da.68 ~ z QI +I N~sE ~~ ,~ - ~ cn I z l a I o~ w 0 5,968 SF ~ I• ~w u VI °o °p ~ ~' O <bIU U Cb $ Ui q M 0,~ ~ t.) c,5 I 1 : z n s O S 0153'59" W I I O N Ui o °f I °, I S 01'42'05" Y/ Vi (.~ o ~ O m ~ ~ 4 -` I ~^ ~ - F -- 104.74 f > i 110.00 m > o Ap ;^ g U u I I I o ~ N N N N I '; ~ $ ~ I m I ~Q of I o° uI o~~ s a Zb I '~' ~ ~ S 01'53'59" W I °a Y.~ S 01'42'05" N~ $ [ ~' ~ ~ ~ ~ I ~ ~ ~ ~ u 104.80 + I c +I 110.00 aK ~~ ~ m ~ A ~ I i ~ !~ i w U U O ~ . I w l (4 ) ~1 :I ~ o ~ ~ N I ~ c ~ - O p Z O y b V I ~~ S 0153'59' W I~ ~$ 'O S 01'42'05" Ys' ~~ z y ~ N I ~~ 105.42 ~ I I 109.84 ~ o O ~ ~' ~ ~ - ~ •• 41 g ~ I I~ 1'? (lj o, ~ N w v < '~ + U ' , \ b . ro I S 0153 59" W ~ 10792 rn 46.00 ~~ I - - i 15.95 ~ ~ N 01'42'05" E 153.92 ' t ' 40 u S 01'42'13" W I U I F 90 I u 221 . (44,95 0 t"I I --- ------ II c ~ I I ~ ~ ~ ~ I o b O ~, I o z y :V ;s. I tH ~ N M~ `'J ~ ram F T"fPg CITY OF 9 ~, YELM P.O. Box 479 Yelm, WA 98597 YELM 360-458-8403 RECEIVED RECEIPT No. J ~ $ T * *'" *SEVEN HUNDRED FIFTY' DOLLARS & ~?0 CY;~TTS RECEIVED FROM DATE REC. NO. AMOUNT REF. NO. LANDSHAPES NORTH 4~E5T INC k~5/3:t /v~5 36878 7 ,O. G~0 CHECK 2232 1151 EAST a.12"PH ST TACOMA, WA 98445 BI1DtETARX t IA1'2r~ CCi2~1R PLN FEE YELM CHAMBER OF COMMERCE YELM POST OFFICE Dennis Baker PO BOX 444 POSTMASTER Geomatics Land Surveying YELM WA 98597 P.O. BOX 2550 Yelm, WA 98597 SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 GRANT BECK CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 TIM PETERSON CITY OF YELM PUBLIC WORKS GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 CHIEF RITA HUTCHESON THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 DAVID LEE VIACOM CABLE 2316 SOUTH STATE TACOMA WA 98405 NANCY RICHARDS THURSTON COUNTY ASSESSOR'S OFFICE 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 BILL TURNBULL THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 JOHN DICKENSEN PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 RENATAIRELAND LEMAY, INC. (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 TODD STANCIL CITY OF YELM POLICE DEPARTMENT Thursday, June 02, 2005 Final Plat App ~L Community Development Department FINAL PLAT APPLICATION Fee: $750.00 (In addition, anv professional service charges per Resolution #358) APPOINTMENT )REQUIRED FOR APPLICATION SUBMITTAL -Please call 458-3835 Subdivision Name ,r1 ~T//~~~G~ Case # and Name of Preliminary Plat Approval ~,~1~~ `~~, - ~'r~~ ~ - Tax Parcel Number(s) 1 ;) ~ ~(~) ~ ~_~!i ~ LJ -~~t~~ v SUBDIVIDER ~~ro~.,~r~~-s ivy l~~G. Name Address SURVEYOR Name Address ~~ w~ ~~~~ Phone Fax. E-mail PROPERTY OWNER(S) Name Address Phone Fax ~ ~~~~_ba~ ~ ~~L - liO ~ E-mail Phone Fax E-Mail ENGINEER Name /S,j S ,SG~NGU~Q,~ $L~p_ ~2~ s~~~~ Address ~\ \~ D ~ ~~ Phone Fax E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage ~~ Number of Single Family Residential Lots Number of Commercial Lots Smallest Lot Area Total Acreage in Open Space Length in Public Streets Length in Private Streets Number of Multifamily Residential Lots Number of Industrial Lots Average Lot Area Fee in Lieu of Open Space Total Acreage in Public Streets Total Acreage in Private Streets All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration. 105 Yelm Auenue West (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www.ci.yelm.wa.us City of Yelm Invoice No. CDD-05-0130 Community Development Department INVOICE - - Customer Name Landshapes NW, Inc. _ _ Date May 18, 2005 -- --- Address 1151 E. 112th Street _ __ Order No. City Tacoma State WA ZIP 98445 Rep Autumn Hill II Phone 253-537-6730 FOB SUB-04-0036-YL _ -- --~ Item Description _ Unit Price TOTAL -__- _ -.- - 1 ',Sewer Connection Fee $5,417.00 ' $5,417.00 1 Water Connection Fee $1,500.00 ', $1,500.00 1 Sewer Inspection Fee rayment uetaiis O Cash O Check O $145.00 $145.00 SubTotal __$7_,_062.00 Shipping & Handling $0.00 Taxes WA TOTAL $7,062.00 ice Use Only _~ ~~ "~3b~~7`~ 1 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU ~~ ~,-, ,,, _~ ~~ L s' v: ' m j ~ 5„ H U' ~ F+ '~ , y %'`~ M ~ n U' 7. ~ ~'f ~ ' x i::~ Cn .:,, C~ 1,~ ~ ~ ~i _, ~ I ~ .~3~ C ~+-' ~ C; x - ~ - ~~. y~- C ~~~~~ ~ p~ ~ _ r c ~A ~' '~ r'' -- ~+ l `~' ~ r CG F_.. ~ ~ ~ 7 %- w j n' y ~„~ r~G t9 `{a y ~ ~ ~ ~ T ~ x ~ V ~, :~ t~ ~ ~ c.~ z ~~ a _ ~ ~ ~ M ~ 1 I 1~ • ti~ 4.. I ~ i i G C I ~' ~ Q ~ `- O v ~ U ~ ~ > r ' ~ ~ ~ ~ I c. w ~ , ~ rJ rn ~ . ti ~ ^^ rr %' ^ l.:j ~ ~ ' 6 i z G ~, n ~ z ~ ~ ''3 r~ ... ~ v ~ ~ 6 C ~ _C N --~ TT1 ~ • 6 r ~ ~ ~ x W N ~ r z CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2038802 LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., LYING SOUTHERLY OF YELM IRRIGATION DISTRICT DITCH; EXCEPTING THEREFROM COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY, AND EXCEPT THE SOUTH 116 FEET THEREOF. IN THURSTON COUNTY, WASHINGTON PLATCRTC/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2038802 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). PLATCRTB/RDA/0999 CHICAGO TTTLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2038802 EXCEPTIONS A 6 C 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS 2005 22730130700 170 $ 82,100.00 $ 188,000.00 GENERAL & SPECIAL TAXES BILLED: $ 3,623.13 PAID: $ .00 UNPAID: $ 3,623.13 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANDSHAPES NORTHWEST, INC., A WASHINGTON CORPORATION TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: MT. RAINIER NATIONAL BANK AMOUNT: $ 247,500.00 DATED: OCTOBER 4, 2004 RECORDED: OCTOBER 12, 2004 RECORDING NUMBER: 3680409 LOAN NUMBER: THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 3. ENCROACHMENT OF AN EXISTING FENCE OVER THE WEST LINE ONTO SAID PREMISES, AS DELINEATED ON THE FACE OF SURVEY, AS RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S) 8201130001. D 4. RIGHT, TITLE AND INTEREST OF OWNER OF THE LAND ADJOINING SAID PREMISES ON THE WEST AS TO THAT PORTION OF THE LAND LYING BETWEEN THE FENCE AND THE PROPERTY LINE, AS DISCLOSED ON THE FACE OF SURVEY, RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S). 8201130001. E 5. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN: IN FAVOR OF: PURPOSE: PUGET SOUND POWER & LIGHT COMPANY ELECTRIC TRANSMISSION AND DISTRIBUTION LINE AND APPURTENANCES THERETO PLATCRTBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2038802 RECORDED: RECORDING NUMBER: AFFECTS: F G H DECEMBER 28, 1979 1100597 PORTION OF SAID PREMISES 6. CITY OF YELM ORDINANCE N0. 443 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: REGARDING: MARCH 21, 1994 9403210028 ANNEXATION 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 18, 1994 RECORDING NUMBER: 9410180152 REGARDING: WATERLINE EXTENSION WITH THE CITY OF YELM AND COSTS RELATED THERETO 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 18, 1994 RECORDING NUMBER: 9410180154 REGARDING: S.T.E.P. SEWER EXTENSION WITH THE CITY OF YELM AND COSTS RELATED THERETO END OF SCHEDIILE B PLATCRB2/RDA/0999 02 ~-03 SS-4574 a"~~ ~-oa ~ ~OS ®-02 31 42 ~ 44 O ss-es.z 45 32 12 33 41 ~ T ~1 0403 34 v 11 to ~ a# 39 S 0(80402 O OOO ~ 37 00 O ~ 3 ®-05 00 2 O 1e 0 13 l4 ]5 16 17 O 000 O O O ~07 O HE GHT 1 z 10 O O O OD ~ O (~-09 ~OB ~07 YELM COUNTY ®- 01 ®-04 ~03 0 J \~ ~i ®--0501 ®-09 00 O~ O~' O ®- 01 ®-Oa01 4~- 0 2 ~07 41-04 ©-05 This sketch (s ~ thA p~Y~e of how(r the approximate ~9Mfs1 IOCatlon ~f the premises witho actual su-yey a d Ci~icago Titles umes no Nab11 in COr;'tectinn with ho es~,a ®-03 Jim Gibson From: joe@2m-ent.com Sent: Tuesday, January 11, 2005 9:35 AM To: Jim Gibson Subject: Autumn Hills Div. 2 Landscape Plan 2752-Is (C7).pdf (570 KB) Jim, Enclosed is a copy of the revised landscape plan per your comment letter dated December 10, 2004. The file is saved in pdf format. Please review and let me know if there are any additional items needed to be addressed. I hope that the notes that I have included on the plan are sufficient to answer the landscape reviewers comments. Please let me know if we need to add any thing else to the plans to obtain final approval. I can be reached on my cell phone at 206-227-3473 if you have any additional comments. Thanks, Joe Hopper joe@2m-ent.com ~~~~~ ~~ ~t~ ~~ ~~-~ ~- ~~~