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Distribution & Mail ListsHenry & Jane Dragt Tahoma Terra. _LC Doug Bioom 14848 Longmlre St. 400 6th Ave SE. Ste. 3C1 RGD Yelm. VVA 9859; La~.ev 'DIVA 98503 P_O Box62i Rainier. VVA 985 r 6 SHELLY BADGER CITY ADMINISTRATOR GRANT BECK COMMUNITY DEVELOPMENT DIRECTOR GARY CARLSON COMMUNITY DEVELOPMENT BUILDING OFFICIAL JIM GIBBON COMMUNITY DEVELOPMENT DEVELOPMENT SVCS ENGINEER Butler Surveyor P O Box 149 Chehalis. ~/VA 9853'? TAMI MERRIMAN COMMUNITY DEVELOPMENT ASSISTANT PLANNER TIM PETERSON PUBLIC WORKS DIRECTOR Tuesday, October 19, 2004 SPR Committee Site Plan Review Distribution (' ,~ ~~~ i `U$~ 1 \ Yv Y~ ~' ~ ~' ~ ~~ ~ ~ ~ ~ / ~C i ~ ~~ Memo Full Site 11x17 N APP SEPA Traffic S orm Grant X X X Jim X X-2 X X X X X-2 PW X X-3 X X Gary X X X X X Shelly X X Tami X X X X X File X X X X X X X R:\Forms & Procedures\SitePlanReview\Site Plan Review Distribution.doc ~3Ll~ I`~ 3C 99~/ad~ a z _~g~ ~ C # ~^9gO =ga''I3" 39 ~ au € s ~9 ~ a a 0 '^ IrrIC ~ ; 0 ;e ~~';a~ ~~~ ti 0 ~~; 0~ r $ ~~O ~~~ s ~ }m ~ ~ I ~ ' V sg : 3y n 3' v 3 ~ ~ ~ ~ le ° ~' B n m ~_ ~ ~O~u_s±~3~ i ~ Su^ ~~; v ,~ s~3 ~a° ~;"g~y~~''_ y~ ~^4 !F~ 3 ,(~ ~~ ~ V tiN = ~ rJ Norzr'se•E_ __ XJ.17T r170..7 _sJr7.a 1a76.r J r~__ - ° ~ Z p s g~, `~~ ~ ~~P g>: t ,~ o ~~... 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I ~ i G J'.~J ~ SI,S~Cgt N ruin M 077155 ~ p Ji6.Ot I I ~ g=~~ C Nn 14N 6 N O17Y55" C , ani 600.00 ~ I I v I F3 G r .. _ I Iq ~_~ i da g i ~ CO $ ~~ 8 iY'S ~n N I t ~ o ~ o ®C I § S IgS 8 ~ ~ ? ..tip • I ~ ~ Sa` ~ ~o~.~ ~ _ N . i ~ Zy m $ ~ e ~ ~ S q ~ "' ~ ' S or77•ss= w - - ~ ~ IJa~.o7 ~ p„q ~ C~ o ~ ~ ~ ~3~ Q~~~ G ~~g~ Ou .ml Rm/ ~~F~ - ~ ` ~a~ - ~ ~ s-. a4 -• _ P ~, u " Z ~ a~' o ~~dt v ~s PRA a Y 8 - F~t g ~~ ° v tiM. o3' o - i ~ ~ ~s~_cc b ~ i 3 ~ n zzN~~~NI ~ vSS°-- ~¢ ~~ a~~ 48~ U ~ aC ~ 80 tilRgn M j ~ m nq7 eEBu hm ~ o )~i a e ~ o i s b '~ ~ vuo a 8a.8888I'^ a ~ jp1 ~ 8 ~ r w^W Y .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment BLA-04-0166-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Chamberlain, Steven L 2. Bloom, Douglas R 3. Dragt, Henry W and Jane A. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of NE '/4 of the S W 1 /4 of Section 24, T 17N, R 1 E Assessor's Property Tax ParceVAccount Number: 21724310100,21724640400 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII PzGiso~ooa 011106P TAHOMA TERRA DEC $28.00 Thurston Co. Wa. ~, - . DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number f'~`/~ <~/~~~ ' `~ L. , on the 7'~ day of ~~r~.~t? ~"~i~.. 20c'~, by the Planning Department, subject to the following covenants and conditions: described herein. That all subsequent deeds will contain provisions for private roads in the manner 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. T!4 ~. ,a ~~ Grans r ~~~1~f'.~ i/ ~- ~~~.. Grantor r ~-~ , ' ~ ~ r Grantor Grantor IRS AMER /EXCHANGE COMPANY, LLC l Delawar,~ Li~ited liability company By : ~// Loui~e~Iottel,~S"enior Exchange Officer VIII IIIIII IIIIII VIII III IIIIIII III VIII IIII IIII ?69 0~ 004 01106P IIIIII TAHOMA TERRA DEC $28.00 Thurston Co. Wa. STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~V<,;eMAn~ J`f~ LL~12° /~ - to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that ~~~ signed the same as ~t..~S free and voluntary act and deed, for the uses and purposes therein mentioned. G 1~~ da of ~~~'~~'%"h~~ GIVEN under my hand and official seal this y ,20~ 1~1C1iE(I,c''•••. ;;~.;~s~~ s ~ • ~~ •. -,,: ~~ SgTAJ~y r:s,' .,- : ~ ~, ~~ --..• ~' '~ii1r~ : z ~~~~~®~ar.~sH+~s~rv ) •~,.. COUNTY OF fi##~R&T~- ) // /' NOTAR PUBLIC in and for~he State of Washington residing ate/~, 6L~~ .:~ On this day personally appeared before me , ~[ - ~ ~: ~ c E to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that --`i~1J signed the same as ~ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this iT ~ ~ day of ~r ~ ~,~~ 20 ~~~ . OFFICIAL SEAL KATHLEEN A. PATTISON NOTAFY PUBLIC-OREGON COMMISSION N0. 348893 MY COMMISSION EXPIRES AUG. 31, 2005 G2~o4'C._ NO ARY PUBLIC in and for the State of ~~Alashiegton residing at ~,~ou~cl~l/' U~ a K )~ ~~ L) ~.tr AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy IIIIII VIII IIIIII IIIIII VIII III IIIIIII III VIII IIII IIII P69 0/42004 ©11106P TAHOMA TERRA DEC $28.00 Thurston Co. Wa. STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~'l~fG~ n(` ~ _ . Y1~,~7~ ALL to me known to be the individual~escribed in and who executed the within and foregoing instrument, and acknowledged that C signed the same as ~~~ free and voluntary act and deed, for the uses and ur oses t ~neinmrt tinned. GIVEN und~~~r'air~,~,tEdt~ts~t~~,seal this ~ Q day of ' ~ • ((JJ 20 ~ NOTARY: ~ :, :i. "' PUB L C, '~~~'.~~ wAS~\~~~,` NOTARY PUB in an a State of Washington residing at ~' STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally~ppeared before to me known to bathe individual described in and who executed the within and ment, and acknowledged that L signed the same as ~ "~-free and voluntary act and deed, for the uses and pur~pSp.~, j Herein mentioned. GIV ~r~~,J'.and official seal this day of ~ 20 = ~ NOTARY ~-V- = VV"-- ~-= PUBLIC '4 ` ~~~ ~~'~~~F~WAS~~~`~`~ NOTARY PUBLIC in a d r t ate of Washington residing ~/~1~D/ ~'~-' AUDITOR'S CERTIFICATE File for record at the request of, this day of and recorded in Volume Thurston County, Washington. _, 20 , at minutes past o'clock _.m., of Large Lot Subdivisions on page ,records of Thurston County Auditor By: Deputy I IIIIII VIII IIIIII IIIIII VIII III IIII 3699427 III III VIII IIII IIII P2 9 0! 2004 01106P TAHOMA TERRA DEC $28.00 Thurston Co. Wa. Form No. 14 Subdivision Guarantee (4-10-75) SZ h,l1F:N! ~ a . C .f ~ ~ L~rL~ Guarantee No.: NCS-135076-WA3 Page No.: 1 First American Tit/e Insurance Company Nations/ Comme~la/Seiv/ces 3866 South 74th Street, Tacoma, WA 98409 (253)471-1234 - FAX (253)671-5826 Robin Jones (360) 491-2441 robinjones@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 3,000.00 ORDER NO.: NCS-135076-WA3 FEE $ 500.00 TAX $ 44.00 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Tahoma Terra herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shalt be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: December 14, 2004 at 7:30 A.M. II IIII IIII PzGi ao ~ ooa ©1106P I IIIIII (IIII III IIIIIII III III IIIIIIIIIIIIIIII TAHOMA TERRA DEC $28.00 Thurston Co. Wa. First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Tahoma Terra, L.L.C., a Washington Limited Liability Company Guarantee No.: NCS-135076-WA3 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel A: The Southeast quarter of the Southeast quarter of Section 23; the North half of the Southwest quarter, the Southwest quarter of the Southwest quarter, the North 20 feet of the East half of the Southeast quarter of the Southwest quarter and West half of the Southeast quarter of the Southwest quarter of Section 24, all in Township 17 North, Range 1 East, W.M., in Thurston County, Washington; EXCEPTING THEREFROM the North 20 feet of the Northeast quarter of the Southwest quarter of said Section 24 for County Road known as BERRY VALLEY ROAD. Parcel B: The Northeast quarter of the Southeast quarter of Section 23, Township 17 North, Range 1 East, W.M., in Thurston County, Washington; EXCEPTING the North 15 feet of the West half of said subdivision for road purposes; and EXCEPTING the North 30 feet of the East half of said subdivision for road purposes. APN: 21723440000 APN: 21724310100 APN: 21724320000 APN: 21724330000 APN: 21724340100 APN: 21723410000 3699427 IIIIIIIIIIII P12 30.12004 01106P IIIIIIIIIII IIIIIIIII IIIIIIIIIII IIII VIII o . Wa III ston C TAHOMA TERRA DEC $28.00 Thur First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: NCS-135076-WA3 Page No.: 3 1. Potential taxes, penalties and interest incurred by reason of a sale of the land, a change in the use or a withdrawal from the classified use of the property herein described pursuant to RCW 84.26, RCW 84.33 or RCW 84.34. Notice of approval of such classified use as Farm and Agricultural Land was given by the Thurston County Assessor on April 5, 1977 and April 23, 1980 under recording no. 993729 and 1130308. Said lands have been classified as Farm and Agricultural Land for tax purposes. They will be subject to further taxation and interest thereupon as provided by RCW 84.33 and 84.34 upon withdrawal from such classification or change in use. If the new owners wish to continue the classification or designation of said lands, it will be necessary that said new owners sign the Notice of Continuance section in the State Excise Tax Affidavit. If the new owners do not desire to continue such classification or designation, all compensating or additional tax shall be due and payable at the time of sale. For determination of any compensating or additional tax due, the County Assessor must be consulted prior to sale. The terms and provisions contained in the document entitled "Notice of Removal of Current Use Classification and Additional Tax Calculations" recorded November 29, 2004 as 3691049 of Official Records. 2. A Mortgage to secure an original principal indebtedness of $277,055.00, and any other amounts or obligations secured thereby, recorded April 24, 1997 as 3085005 of Official Records. Dated: March 13, 1997 Mortgagor: Henry Dragt and Jane Dragt, husband and wife Mortgagee: First Community Bank of Washington Affects: The land and other property. 3. The terms and provisions contained in the document entitled "Notice of Furnishing Professional Services" recorded November 3, 2003 as 3592377 of Official Records. 4. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Tahoma Terra, L.L.C., a Washington Limited Liability Company Grantee/Beneficiary: First American Exchange Company Trustee: First American Title Insurance Company, a corporation Amount: $860,000.00 Recorded: December 14, 2004 Recording Information: 3695462 (Affects Parcel No. B) I II Illfl NIII IVI~ ICI I~ VIII III III IIII INI 3699427 Page: 7 of 10 12/30/2004 01:16P Thurston Co. Wa. First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-135076-WA3 Page No.: 4 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Tahoma Terra, L.L.C., a Washington Limited Liability Company Grantee/Beneficiary: Dragt Family, LLC, a Washington limited liability company Trustee: First American Title Insurance Company Amount: $2,300,000.00 Recorded: December 14, 2004 Recording No.: 3695465 (Affects Parcel No. A) 6. Easement, including terms and provisions contained therein: Recording Information: 214007 For: wagon road and related rights Affects: Parcel No. B 7. Reservations and exceptions, including the terms and conditions thereof: Reserving: minerals Reserved By: Weyerhaeuser Timber Company Recorded: September 9, 1929 Recording Information: 214007 (Affects Parcel No. B) 8. Easement, including terms and provisions contained therein: Recording Information: 367349 For: road and related rights 9. Easement, including terms and provisions contained therein: Recording Information: 637872 For: road right of way Affects: Northerly portion of the SE Quarter of the SW Quarter of Section 24 10. Easement, including terms and provisions contained therein: Recording Information: 637886 For: road purposes and related rights Affects: Northerly portion of the South Half 11. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Survey recorded under Recording No. 3273875, in Thurston County, Washington. 12. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 607" recorded September 3, 1998 as 3176833 of Official Records. III VIII IIII IIII Pz6i9 o z ooa 01106P 111111 VIII 111111 111111 VIII ~~~ 1111111 TAHOMA TERRA DEC X28.00 Thurston Co. Wa. Frst American ~ uie Insurance company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-135076-WA3 Page No.: 5 13. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) INFORMATIONAL NOTES A. General taxes for the year 2004, which have been paid. Tax Account No.: 21723440000 Amount: $6,538.06 Assessed Land Value: $2,400.00 Assessed Improvement Value: $0.00 B. General taxes for the year 2004, which have been paid. Tax Account No.: 21724310100 Amount: $9,763.62 Assessed Land Value: $14,660.00 Assessed Improvement Value: $259,400.00 C. General taxes for the year 2004, which have been paid. Tax Account No.: 21724320000 Amount: $6,233.54 Assessed Land Value: $5,600.00 Assessed Improvement Value: $0.00 D. General taxes for the year 2004, which have been paid. Tax Account No.: 21724330000 Amount: $6,233.54 Assessed Land Value: $5,600.00 Assessed Improvement Value: $0.00 E. General taxes for the year 2004 which have been paid. Tax Account No. 21724340100 Amount: $3,786.95 Assessed Land Value: $2,840.00 Assessed Improvement Value: $0.00 F. General taxes for the year 2004, which have been paid. Tax Account No.: 21723410000 Amount: $6,334.41 Assessed Land Value: $4,720.00 Assessed Improvement Value: $0.00 IIIIII IIII) IIIIII IIIIII VIII III IIIIIII III VIII IIII IIII PzBi ao ~ ooa 01106P TAHOMA TERRA DEC $28.00 Thurston Co. Wa. First American Tit/e Insurance Company Form No. 14 Guarantee No.: NCS-135076-WA3 Subdivision Guarantee (4-10-75) Page No.: 6 G. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. INIII IVII VIII IAlll IIY iii~iiiuiuuiiuiiiii 3699427 Page: 10 of 10 12!3012004 01:16P Thurston Co. Wa. First American Title Insurance Company N N a ~~~'o°ano 2 '`~ ~ 'Om~m $'qo° ono 2 ~~ ~ Sao ~ ~ $ a° „$ ~oQM ~., ~ xz° a° „~ co ~^ a g° pp2 ° IZ ~ ~ n saN+""-~~ ~? ° $R~ nua~ ga R ~ T z ° a ~ ~ .il ~ a ni $ S :i ~ $ $ ~ s ~ ~ O1 I is N ~ d °nDgo3o n2 ~ ~°$ g°~~p$' ~~ ~ 4? c $ also ~ x' a ~ ~ ~,°+. a o g s ? ~ ~ ~ !~ 3 0 ~ ° ~ n R ~ m N 01 X3'56" E _ _ F _ _ _5317.01 w _ ° w ~ R e S _ _ _ _ ~ ~, ; c u ~ ° ~ g p g ~ $p $ ° T ou ~ ^ ~' g ~ g. 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N~ T a Q ~. f~/i ',T ~ O n I O rn rn I r~ eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Boundary Line Adjustment Map BLA-04-0166-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Chamberlain, Steven L 2. Bloom, Douglas R 3. Dragt, Henry W and Jane A. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion ofNE'/4 of the SW1/4 of Section 24, T17N, R1E Assessor's Property Tax ParceVAccount Number: 21724310100,21724640400 eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Boundary Line Adjustment BLA-04-0166-YL 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Chamberlain, Steven L 2. Bloom, Douglas R 3. Dragt, Henry W and Jane A. Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of NE'/4 of the SW1/4 of Section 24, T17N, R1E Assessor's Property Tax ParceVAccount Number: 21724310100,21724640400 DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having a real interest in the tract of land described by the declaration; and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number f' ~/~ (~ l (D(n ' `~ L-- , on the 7 i~ day of T~=~n-.t2.~~i~ 20c'~, by the Planning Department, subject to the following covenants and conditions: described herein. That all subsequent deeds will contain provisions for private roads in the manner 2. That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction. 3. That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road. 4. That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make alt necessary slope's for cuts and fills; and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein. Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein. 6. That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits or as previously recorded under Auditor's File Number and incorporated by reference as though fully set our herein. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation. T11_ Granitbr i ~~ ~/l~'bl~~, ~~i'`~ Grantor ~ !? , GnaMor (.~ Grantor IRS AMER~G,E~T EXCHANGE COMPANY, LLC Delawar~Li ited liability company By : ~~---ffrli,f' Lou ~e~i:iottel, ~'enior Exchange Officer STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me /V~, ~iAn.~ ~LL~1 %~ ~ _ to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that ~~~ signed the same as ~I,,is free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this l- 1 r~ da of ~J ~'~ ~'%''~~/ Y ,20~ •••"' ••. ,~~ ~~._ ~' • ~~F1L~ • z ss. COUNTY OF T#~R&T8#~• ) ,~-~ ~,, ;; 1 _ NOTAR PUBLIC in and for the State of -" Washington residing at - G;u/~,, GL~~ I~ On this day personally appeared before me ,~D[ ii-c'. f-fcf-fE_{'~ to me known to be the individual- described in and who executed the within and foregoing instrument, and acknowledged that ~~h~ signed the same as ~_ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~ day of ^ ~ ~2 20 ~~ . OFFICIAL SEAL KATHLEEN A. PATTISON NOTARY PUBLIC-OREGON COMMISSION NO. 348893 MY COMMISSION EXPIRES AUG. 31, 2005 File for record at the request of this day of and recorded in Volume Thurston County, Washington. _, 20 , at minutes past o'clock _.m., of Large Lot Subdivisions on page ,records of Thurston County Auditor ~- G~~ NO ARY PUBLIC in and for the State of •-1Al~es#~ipgten residing at ~i?~u~~~~; U~ C~' ~ f' ~J ~p rte , AUDITOR'S CERTIFICATE By: Deputy STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On this day personally appeared before me ~l(!'Gt! (X - ~ ~n~ ~/~L~-~ to me known to be the individual~iescribed in and who executed the within and foregoing instrument, and acknowledged that ~ signed the same as ~~ free and voluntary act and deed, for the uses and purposes ~ p~ein~nerJ~ioned. GIVEN und~~~ ,~,t fd,,~f1l~r~t~a},seal this ~ ~ day of %<"~~ ~~''~ ~°tiF : ~ ~ i U~ ' 20 ~ NOTARY ' .~' 2 ~~'',~F VUA$`~~~~`~~ NOTARY PUB in an a State of ~~~~~~~~~~~ Washington residing at ~' ^'~ STATE OF WASHINGTON ) ss. COUNTY OF THURSTON ) On/this day personally ppeared before me' '' l a / L ~ ~ ~ ~ to me known to b the individua)~described in and who executed the within and for going instrument, and acknowledged that ~ L signed the same as ~~'L-free and voluntary act and deed, for the uses and pur~p~p.~ j e~ein mentioned. .~ L. ,/ ~, GIV~er~~,y'J.~d official seal this day of .~' 'Y '~` ~ 20 NOTARY `- ~-=PUBLIC ~~: :~o. ~9J'~'o~?.~g.Oy~.•~~~ ~ S ~ ~ F ~~'L ~WA ~ ~~~ '%,~ NOTARY PUBLIC in a - d r t ate of Washington residing AUDITOR'S CERTIFICATE File for record at the request of this day of , 20 , at minutes past o'clock _.m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy Form No. 14 Subdivision Guarantee (4-30-75) 4 `~ CYb ~~~~ Guarantee No.: NCS-135076-WA3 Page No.: 1 First American Tit/e Insurance Company Nations/ Commerc/a/Services 3866 South 74th Street, Tacoma, WA 98409 (253)471-1234 - FAX (253)671-5826 Robin Jones (360)491-2441 robinjones@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 3,000.00 ORDER NO.: NCS-135076-WA3 FEE $ 500.00 TAX $ 44.00 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Tahoma Terra herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: December 14, 2004 at 7:30 A.M. First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Tahoma Terra, L.L.C., a Washington Limited Liability Company Guarantee No.: NCS-135076-WA3 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any portion thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Parcel A: The Southeast quarter of the Southeast quarter of Section 23; the North half of the Southwest quarter, the Southwest quarter of the Southwest quarter, the North 20 feet of the East half of the Southeast quarter of the Southwest quarter and West half of the Southeast quarter of the Southwest quarter of Section 24, all in Township 17 North, Range 1 East, W.M., in Thurston County, Washington; EXCEPTING THEREFROM the North 20 feet of the Northeast quarter of the Southwest quarter of said Section 24 for County Road known as BERRY VALLEY ROAD. Parcel B: The Northeast quarter of the Southeast quarter of Section 23, Township 17 North, Range 1 East, W.M., in Thurston County, Washington; EXCEPTING the North 15 feet of the West half of said subdivision for road purposes; and EXCEPTING the North 30 feet of the East half of said subdivision for road purposes. APN: 21723440000 APN: 21724310100 APN: 21724320000 APN: 21724330000 APN: 21724340100 APN: 21723410000 First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: NCS-135076-WA3 Page No.: 3 1. Potential taxes, penalties and interest incurred by reason of a sale of the land, a change in the use or a withdrawal from the classified use of the property herein described pursuant to RCW 84.26, RCW 84.33 or RCW 84.34. Notice of approval of such classified use as Farm and Agricultural Land was given by the Thurston County Assessor on April 5, 1977 and April 23, 1980 under recording no. 993729 and 1130308. Said lands have been classified as Farm and Agricultural Land for tax purposes. They will be subject to further taxation and interest thereupon as provided by RCW 84.33 and 84.34 upon withdrawal from such classification or change in use. If the new owners wish to continue the classification or designation of said lands, it will be necessary that said new owners sign the Notice of Continuance section in the State Excise Tax Affidavit. If the new owners do not desire to continue such classification or designation, all compensating or additional tax shall be due and payable at the time of sale. For determination of any compensating or additional tax due, the County Assessor must be consulted prior to sale. The terms and provisions contained in the document entitled Notice of Removal of Current Use Classification and Additional Tax Calculations" recorded November 29, 2004 as 3691049 of Official Records. 2. A Mortgage to secure an original principal indebtedness of $277,055.00, and any other amounts or obligations secured thereby, recorded April 24, 1997 as 3085005 of Official Records. Dated: March 13, 1997 Mortgagor: Henry Dragt and Jane Dragt, husband and wife Mortgagee: First Community Bank of Washington Affects: The land and other property. 3. The terms and provisions contained in the document entitled "Notice of Furnishing Professional Services" recorded November 3, 2003 as 3592377 of Official Records. 4. Deed of Trust and the t Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: (Affects Parcel No. B) erms and conditions thereof. Tahoma Terra, L.L.C., a Washington Limited Liability Company First American Exchange Company First American Title Insurance Company, a corporation $860,000.00 December 14, 2004 3695462 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-135076-WA3 Page No.: 4 5. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Tahoma Terra, L.L.C., a Washington Limited Liability Company Grantee/Beneficiary: Dragt Family, LLC, a Washington limited liability company Trustee: First American Title Insurance Company Amount: $2,300,000.00 Recorded: December 14, 2004 Recording No.: 3695465 (Affects Parcel No. A) 6. Easement, including terms and provisions contained therein: Recording Information: 214007 For: wagon road and related rights Affects: Parcel No. B 7. Reservations and exceptions, including the terms and conditions thereof: Reserving: minerals Reserved By: Weyerhaeuser Timber Company Recorded: September 9, 1929 Recording Information: 214007 (Affects Parcel No. B) 8. Easement, including terms and provisions contained therein: Recording Information: 367349 For: road and related rights 9. Easement, including terms and provisions contained therein: Recording Information: 637872 For: road right of way Affects: Northerly portion of the SE Quarter of the SW Quarter of Section 24 10. Easement, including terms and provisions contained therein: Recording Information: 637886 For: road purposes and related rights Affects: Northerly portion of the South Half 11. Restrictions, conditions, dedications, notes, easements and provisions, if any, as contained and/or delineated on the face of the Survey recorded under Recording No. 3273875, in Thurston County, Washington. 12. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 607" recorded September 3, 1998 as 3176833 of Official Records. First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-135076-WA3 Page No.: 5 13. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) i INFORMATIONAL NOTES A. General taxes for the year 2004, which have been paid. Tax Account No.: 21723440000 Amount: $6,538.06 Assessed Land Value: $2,400.00 Assessed Improvement Value: $0.00 B. General taxes for the year 2004, which have been paid. Tax Account No.: 21724310100 Amount: $9,763.62 Assessed Land Value: $14,660.00 Assessed Improvement Value: $259,400.00 C. General taxes for the year 2004, which have been paid. Tax Account No.: 21724320000 Amount: $6,233.54 Assessed Land Value: $5,600.00 Assessed Improvement Value: $0.00 D. General taxes for the year 2004, which have been paid. Tax Account No.: 21724330000 Amount: $6,233.54 Assessed Land Value: $5,600.00 Assessed Improvement Value: $0.00 E. General taxes for the year 2004 which have been paid. Tax Account No. 21724340100 Amount: $3,786.95 Assessed Land Value: $2,840.00 Assessed Improvement Value: $0.00 F. General taxes for the year 2004, which have been paid. Tax Account No.: 21723410000 Amount: $6,334.41 Assessed Land Value: $4,720.00 Assessed Improvement Value: $0.00 First American Tit/e Insurance Company Form No. 14 Guarantee No.: NCS-135076-WA3 Subdivision Guarantee (4-10-75) Page No.: 6 G. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. First American Title Insurance Company Form No. 14 Subdivision Guarantee Guarantee No.: NCS-135076-WA3 GUARANTEE Issued by First American Title Insurance Company 3866 South 74th Street, Tacoma, WA 98409 Tit/e Officer.- Robin Jones Phone: (253) 471-1234 FAX.• (253) 671-5826 First American Title Insurance Company Farm No. 14 Guarantee No.: NCS-135076-WA3 Subdivision Guarantee (4-10-75) Page No.: 7 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. 1. Definition of Terms. GUARANTEE CONDITIONS AND STIPULATIONS The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee far the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elecks to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and ali appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy ail records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parries Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. il. Subrogation Upon Payment or Settlement Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to pertect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) First American Title Insurance Company PARCEL `A' That portion of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. in Thurston County, Washington described as follows: COMN~NCING at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence SOl°27'S5'W along the east line of said subdivision. a distance of 20.00 feet to the south margin of Berry Valley County Road and the True Point of Beginning; thence continuing 501°27'S5'W along said east line and the east line of said Southeast Quarter of the Southwest Quarter a distance of 1324.02 feet to the southeast corner of the North 20.00 feet of said of said Southeast Quarter of the Southwest Quarter; thence N88°13'50"W along the south line of said North 20.00 feet a distance of 567.74 feet; thence NOl°27'55"E parallel with the west line of said subdivision a distance of 600.00 feet; thence N88°32'05"W a distance of 54.00 feet; thence N16°]5'Ol'W a distance of 345.15 feet; thence N88°32'05"W a distance of 54.76 feet; thence NO1°27'55"E parallel with said east line a distance of 396.06 feet to the south margin of Berry Valley County Road; thence 588° 15' 14"E along said south margin a distance of 781.52 feet to the True Point of Beginning. PARCEL `B' The Northeast Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 1 East, W.M., in Thurston County, Washington. EXCEPT the North 20 feet thereof for road purposes. ALSO, the West Half of the Southeast Quarter of the Southwest Quarter and the North 20.00 feet of the East Half of the Southeast Quarter of the Southwest Quarter, all in Section 24, Township 17 North, Range 1 East, W.M. in Thurston County, Washington. EXCEPT therefrom the following described parcel: That portion of the Northeast Quarter and the Southeast Quarter of the Southwest Quarter of Section 24, Township 17 North, Range 1 East, W.M. in Thurston County, Washington described as follows: COMMENCING at the northeast corner of said Northeast Quarter of the Southwest Quarter; thence SO l °27' S 5' W along the east line of said subdivision a distance of 20.00 feet to the south margin of Berry Valley County Road and the True Point of Beginning; thence continuing 501°27'S5'W along said east line and the east line of said Southeast Quarter of the Southwest Quarter a distance of 1324.02 feet to the southeast corner of the North 20.00 feet of said of said Southeast Quarter of the Southwest Quarter; thence N88° 13' S0"W along the south line of said North 20.00 feet a distance of 567.74 feet; thence NO1°27'55"E parallel with the west line of said subdivision a distance of 600.00 feet; thence N88°32'05"W a distance of _54.00 feet; thence N16°15'01'W a distance of 345.15 feet; thence N88°32'05"W a distance of 54.76 feet; thence NO1°27'55"E parallel ~~vith said east line a distance of 396.06 feet to the south margin of Berry Valley County Road; thence S88° 15' 14"E along said south margin a distance of 781.52 feet to the True Point of Beginning. ._®._a.___._~,_®.__ 1 I _ __ __ _ ~ _ _ _ / / / / ( j ~ f 4200 Sixth Ave SE, Suite 301 Lacey, WA 98503 (360)493-6002 (360)493-2476 Fax sca@scaconsultinggroup.com www.thescagroup.com December 20, 2004 Tami Merviman Assistant Planner City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 RE: Tahoma Terra BLA 04-0166YL Dear Tami: Attached for your use in finalizing BLA 04-0166YL are the following: 1. Current Title Report; 2. Signed Declaration; 3. Signed Mylar Maps; 4. 1 -full-size map copy; and 5. 1 - 11 "x 17" map copy. Please call Doug or I should you have any questions. DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING • PLANNING SURVEYING o~~~ Tip City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 YEL Yelm, WA 98597 WABNINOTON December 8, 2004 Tahoma Terra, LLC Mr. Steve Chamberlain 4200 6~h Ave. SE Suite 301 Lacey, WA 98503 Re: Dragt Boundary Line Adjustment ~~~~~ ~ ~ Dear Mr. C~'.,~'"'~~"a The City has completed its review for the Boundary Line Adjustment on the Dragt property located on Longmire Road. The proposed property lines meet minimum City zoning, health, and building standards. Prior to recording, changes need to be made to the map to meet Thurston County recording standards. Conditions of Approval: 1. A current title report must be submitted. 2. A Declaration must be signed by the LLC, Mr. Dragt, and any others listed on the title report that hold an interest in the property. These signatures must be notarized. 3. The file number for the map is BLA-04-0166-YL The county requires that current and delinquent taxes be paid prior to recording. Please return a revised boundary line adjustment mylar map, 1 - 11x17 map, and the original signed Declaration to me, reflecting the above stated changes. I will then stamp it approved and forward to Thurston County for recording. When I receive the recorded copies back, I will notify you of the recording fees, and make copies available to you. If you have any questions, please call me at (360) 458-8496. Sincerely, Tami Merriman Assistant Planner cc: Doug Bloom, Rainier General Development Grant Beck, Community Development Director Jim Gibson, Development Services Engineer Gary Carlson, Building Official (360) 458-3835 (360) 458-3149 FAX www.ci.yelm.wa.us ~~ ~n~ ~ City of Yelm Community Development Department ~ P.O. Box 479 Yelm, WA 98597 (360) 458-3835 ~~~~~~ (360) 458-3144 FAX Memorandum To: SPRC From: Roberta Allen, Administrative Assistant Date: October 19, 2004 Re: BLA-04-0166-YL -Project Review Schedule for Dragt Boundary Line Adjustment Attached is the application packet for the above referenced project. After your initial review of the information submitted, if you need additional information from the applicant, please let me know as soon as possible. The following is the tentative review schedule for the project. October 27 -SPRC project review. Department comments/conditions of approval for staff report. November 15 -Letter of Approval completed. R:\Project Files\BLA Boundary Line Adjustment\04-0166 Dragt\Proj Rev Date Memo.doc -__._-.__.__.__.__ , I __.__ __ _-_-.__. _ =_._ ~ T _- _._-.__._____._-._ ,~ ~_ 11 ~ -- ,~ 4200 Sixth Ave SE, Suite 301 October 13, 2004 Lacey, WA 98503 (360)493-6002 (360) 493-2476 Fax Mr. Grant Beck, Director sca@scaconsultinggroup.com Community Development www.thescagroup.com PO BOX 479 Yelm, WA 98597 RE: TAHOMA TERRA SCA #04104 Dear Mr. Beck: ~~/~Ic'~ ~L~ ~~? cc~ /~~vJ ~~~~ `~c~ ~ ~ } s~~:~ ~~~ s On behalf of the Draught's and Tahoma Terra, L'LC we are submitting a Presubmission Application for 220 acre Master Plan and Phase I 88 lot Preliminary Plat proposal for your consideration. Along with this is a preliminary BLA intended to segregate 20 acres for the Phase I development. Should you have any questions please call me at (360) 493- 6002. Very truly yours, /J' , SCA CONSULTIpI'G~~iRfdUP t ar~#ferlain, P.E. SLC/nc Enclosures cc: Doug Bloom K:\TEXT\++Project Files++\2004 PF\04104\Corres\Beck101304.doc DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING PLANNING SURVEYING