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Project Rev & Correspondence
City of Yelm Invoice No. CDD-05-0138 Community Development Department INVOICE - - Customer Name Evergreen State Builders Date August 4, 2005 - --_ _ -- Address 3815 100th Street SW, Suite 2A Order No. - - - City Lakewood State WA ZIP 98499 Rep Yelm Terra Phone FOB Item Description Unit Price TOTAL 1 .Full Field Kit -from MetroCount $150.00 $150.00 1 Freight -from MetroCount $7.50 $7.50 1 Sales Tax -from MetroCount $13.23 $13.23 -- -_ _. - - - - - - _ SubTotal $170.73.. Payment Details Shipping & Handling $0.00 O Cash Taxes WA O Check - O TOTAL $170.73 __ Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU oF ~H~p~ a City of Yelm w ~ ~p Community Development Department a ~' P.O. Box 479 Yelm, WA 98597 (360) 458-3835 YELM (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: January 4, 2005 Re: SUB-04-0157-YL, Yelm Terra Final Plat Enclosed please find the final recorded documents for Case Number SUB-04-0157-YL, Yelm Terra, for the construction of 97 single-family residential lots located on 105`h Way SE. If you have any questions, please call me at (360) 458-8496. Tami Merriman 1:\SUB Full Plat Subdivision\04-0157 Yelm Terra Final\dist final plat memo.doc eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions for Yelm Terra 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, L.L.C. 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4, Section 30, Township 17 N, Range 2 E, W.M. Assessor's Property Tax ParceUAccount Number: 22730210500,22730210600,22730210700,22730210800 IIIIII VIII IIIIII VIIIIIIIIIIIIIIVIIIIIIVIIIIIIIIIII P692/x,2004f11018 CITY OF LACEY COV $28.00 Thurston Co. Wa. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR YELM TERRA Yelm Terra, LLC, a Washington limited liability company, hereinafter "Declarant", being the owners of all of the lots of the Yelm Terra Subdivision in the City of Yelm, Thurston County, Washington, in order to provide for the sound development, the proper maintenance, the protection of the environmental and aesthetic quality and the healthful conditions of the aforesaid real property and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for themselves, their heirs, successors and assigns and agree to keep all of the Covenants, Conditions and Restrictions hereinafter set forth and which are hereby made applicable to the afore-described real property and which shall be binding upon the owners thereof to the extent provided in such Covenants and all the property shall be owned, held, used, occupied and developed in conformance with the Covenants, Conditions and Restrictions set forth herein. (See attachment A for complete legal description). ARTICLE I COVENANTS RESPECTING USE A. Land Use and Building Types. All of the lots in the Subdivision shall be used for residential purposes only. No more than one detached single-family dwelling shall be constructed on each lot. B. Architectural Control. No building or other permanent structure shall be erected or altered on any lot until the construction plans, specifications and the plans showing the location and placement of the building or structure have been approved by the Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and grade elevation. As a guideline, owner's or purchaser's plans will be reviewed generally as to the following, which shall not be all inclusive: 1. The minimum square footage of living area for single-family homes shall be 1,400 square feet excluding porches and garages and will not exceed two (2) stories in height. No outbuildings shall be allowed other than approved greenhouses and storage sheds, neither of which shall exceed 10x10 square feet in size and will require ACC approval. All houses shall have at least a two (2) car garage. 2. The exterior paint or stain on a structure or dwelling must be of a uniform color on all sides; a trim color is permitted as well as an accent color and front door color. 3. Yard landscaping on both the front and rear of the dwelling must be completed, weather permitting, before occupancy or at the time construction has been completed by the builder and the home is available for sale, whichever is first. At a minimum the rear yard must be planted in lawn grass. Where the Restrictions and Covenants herein set forth cannot be complied with because of land limitations or topographical conditions, the proper and orderly development of such lots shall conform to the conditions and terms of these Covenants as far as possible. The Architectural Control Committee is empowered to allow such variations as in its judgment shall permit the reasonable utilization of such lots consistent with the general plan and scheme of development herein. C. Site Plan Review. The approval of the Architectural Control Committee shall be required prior to the removal of any trees or substantial vegetation on the site, and shall be further subject to such ordinances and permits which may be required by City of Yelm. Declaration of Covenants, Conditions & Restrictions for Yelm Terra (K:~rExn++Froiect Fles++~2oos PF~o3oos~cc-R~o2soa.doc) iiiiui~iiiuiAiini Page 1 IIIIIIIIIIIIIIIIIIIIIIIIIIII P69z5oo4f ~10ia COV $28.00 Thurston Co. Wa. D. Building Location. Buildings and other structures located on each lot shall conform to and comply with Yelm City requirements. E. Completion of Structures. All buildings commenced on any lot shall be completed, including painting and landscaping the entire lot, not later than eight months after construction is commenced. F. Utility Services. All permanent utility services and connections thereto within the Subdivision shall be provided by underground services exclusively. Satellite dishes shall not exceed 18" in diameter and no ham radio antennae shall be permitted on the exterior of any buildings or on any lot within the Subdivision. G. Nuisances and Offensive Activities; Business and Commercial Activity. No nuisance or activity offensive to normal residential neighborhoods shall be permitted or maintained in the Subdivision. No type of business or commercial activity shall be conducted in the Subdivision that is not approved by the City of Yelm and any other applicable regulatory agency, that is visible to the public view or that creates regular customer, client or employee traffic. H. Vehicle Maintenance. No vehicle maintenance except emergency service shall be conducted within public view. I. Temporary Structures. No modular or mobile homes (except for the initial construction trailer) shall be permitted on any lot in the Subdivision. No building or structure shall be moved in and set upon any lot in the Subdivision. All residences shall be constructed on site. No structures of a temporary character, including but not limited to trailers, basement houses, tents, garages, barns, motor homes, sheds or outbuildings, shall be used on any lot at any time as a residence, either temporarily or permanently. When referring to trailers, the term trailer shall include all forms of trailers or mobile homes of any size, whether capable of supplying their own motive power or not, without regard to whether the primary purpose of such trailer is or is not the conveyance of persons or objects, and specifically including all automobiles, buses, trucks, cars, vans, trailers, mobile homes, and motor homes, even though they may at any time be immobilized in any way, and the restriction shall apply to any period of any time of whatever duration. Living shall be restricted to a house or dwelling constructed on the property in conformance with these Covenants. J. Boats, Campers, Travel Trailers and Motor Homes. Boats, campers, travel trailers and motor homes may not be stored on a lot in conjunction with a permanent residence unless properly screened. All such storage shall be in a manner approved by the Architectural Control Committee whose approval or disapproval shall be final. Any trailers or motor homes parked in conjunction with any lot or parked on the street by any person shall be parked temporarily within the Subdivision no longer than 24 hours unless approved in accordance with this paragraph. K. Garbage and Refuse Disposal. No garbage, refuse, rubbish, or cuttings shall be deposited on or left on any lot unless placed in an attractive container suitably located and screened from public view. All garbage cans, refuse containers, and trash cans or receptacles shall be kept out of sight except on the days prescribed for pick-up. No building material of any kind shall be placed or stored upon any property in the Subdivision until the owner is ready to commence construction, and then such materials shall be placed within the property lines of the building site upon which structures are to be erected or are being erected and shall not be placed in the street. No outdoor incinerators shall be permitted. L. Livestock. No animals, livestock, or poultry shall be raised, bred, or kept on any lot. Dogs, cats, and household pets in reasonable numbers may be kept thereon if they are not kept, bred, or maintained for any commercial purpose and provided that the owners thereof conform to all city and county ordinances and all state laws applicable to the keeping of pets. Declaration of Covenants, Conditions & Restrictions for Yelm Terra ~K:~rexn++Proiect Fries++~2oos PF~osooa~cc-R~a2soa doc~ Paae 2 I IIIIII VIII IIIIII VIII 3687579 IIII 1111111 II Page : 3 of 16 III III VIII II 1 1 112! 2004 1 1:41 R IIIIII CITY OF LRCEY COV $28.00 Thurston Co. Wa. M. Fences and Walls. No fences or walls shall be constructed on any lot unless approved by the Architectural Control Committee. There will be no front yard fences permitted. Walls such as retaining walls made of brick, rock, or other natural materials up to three feet in height may be permitted as part of a landscaping plan or development. All side and back yard fences shall be of pressure-treated woods, cedar, redwood, or brick materials. No steel or chain link fences are permitted. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum setback for fences as required by City of Yelm. N. Discharge of Weapons. The discharge of weapons within the Subdivision shall be prohibited. Weapons shall include all firearms, b.b. guns and pistols, air rifles, air pistols, pellet guns, slingshots, bows and arrows. O. Water and Sewage. No individual water supply system shall be permitted on any lot. All lots shall be connected to the system constructed in the Subdivision. No individual sewage disposal system shall be permitted on any lot. All lots shall be connected with the City sewage system. P. Driveway and Parking. Each lot shall have a driveway and parking area so as to accommodate a minimum of two cars in front of the garage. Driveways shall be concrete to the street. No roads for ingress or egress except for driveways to the street shall be permitted. Circular driveways as shown on the site plan may be approved by the Architectural Control Committee and may be permitted. Q. Drilling and Mining. No drilling or mining in any form whatsoever shall be permitted on any lot. This shall include but not be limited to drilling, development operations, refining, quarrying, or mining, and the construction of any form of derrick or structure designed for boring or mining purposes. R. Site Distance at Intersections. No fence, wall, hedge, object, or shrub planting which obstructs sight lines at street intersections shall be placed or permitted to remain on any corner lot except in strict conformance with applicable law and regulations. The maximum height is three (3) feet. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. S. Storm Water Facilities Maintenance and Pollution Source Control Plan. The Property has been subjected to an Agreement between the Declarant and the City of Yelm entitled Agreement to Maintain Storm Water Facilities, a copy of which is attached hereto. The use of the Property is restricted by this Agreement and subject to a lien to secure repayment to the County of Thurston/City of Yelm of its costs to perform maintenance and repair to the Subdivision storm water facilities, if necessary. T. Utility Easements. An easement is hereby reserved for and granted to Puget Sound Energy, TCI Cablevision, Yelm Telephone Company, the owner of any community water system and their respective successors and assigns under and upon the exterior six (6) feet of side boundary lines of all lots, in which to install, lay, construct, renew, operate and maintain pipes, conduits cables and wire with necessary facilities and other equipment for the purpose of serving the Subdivision and other property adjacent thereto with water, electric, telephone, gas service and television service together with the right to enter upon the lot at all times for the purposes stated. An easement is hereby further reserved for and granted to the City of Yelm for all drainage shown on the plat other than those located within the public ways shown on the plat and all natural drain courses for the purpose of installing, laying, constructing, renewing, operating, maintaining drainage for said Subdivision and other property adjacent thereto. U. Landscaping. All homeowners shall reasonable maintain their landscaping on their respective lot. Declaration of Covenants, Conditions & R@StriCtlOnS for Yelnl Tefra (K:ITF>CT1++Project Files++\2003 PF\03008\Cr:-R102604.doc) Page 3 I VIII 3687579 VIII Page: 4 of 10 IIIIII III IIIIII IIII IIII VIII III III IIII 111 III 2/20 II 04 11.41A CITY OF LACEY COV $28.00 Thurston Co. Wa, ARTICLE II ARCHITECTURAL CONTROL COMMITTEE AND HOMEOWNERS ASSOCIATION A. Architectural Control Committee. 1. Membership. The Architectural Control Committee initially shall be composed of three (3) members, namely, Steve Chamberlain, Dan Lee and John Backman and/or assigns. Any of the members of said Committee may designate a representative to act for that particular member. In the event of death or resignation of one (1) member of the Committee, the remaining member(s) shall have full authority to designate a successor. None of the members of the Committee nor his or her designated representative shall be entitled to any compensation for services performed pursuant to this covenant. A vacancy in the Committee shall not invalidate any of its actions or prevent the remaining member(s) from acting on any of the subjects within its purview. The initial Committee shall act until 5 years from the date of this Declaration or until Declarant has sold 100% of the lots in the Subdivision, whichever is earlier, unless the initial members of the Committee declare their control of the Committee to have ended by an instrument in writing filed for record with the Auditor of Thurston County. After the sale of 100% of the lots in the Subdivision, or after the initial members declare their control of the Committee to have ended or after the expiration of 5 years from the date of this Declaration, whichever is earliest, the Homeowners' Association referred to in Article II(C) shall appoint the members of the Architectural Control Committee. 2. Procedure. The Committee's approval or disapproval as required in these Covenants shall be in writing and shall only be effective in writing. In exercising the discretionary powers granted to the Committee, the Committee shall at all times exercise its power in a reasonable manner, and the Committee is hereby empowered to adopt such reasonable rules or regulations as it may find to be necessary with respect to the enforcement of these Covenants. In the event the Committee or its designated representative fails to approve or disapprove any plans or specifications submitted to it within 30 days after the submission thereof or, in any event, if no suit to enjoin the construction has been commenced prior to the completion of such construction, approval will not be required and compliance with the related Covenants shall be deemed to exist so long as construction is completed in accordance with the plans or materials submitted to the Architectural Control Committee in connection with the construction or proposal for construction. B. Yelm Terra Homeowners Association. Yelm Terra, LLC, as present owners of all of the lots in the Subdivision, shall form anon-profit corporation to be named "Yelm Terra Homeowners Association" and referred to hereinafter as "Association." 1. Membership Appurtenant to Ownership. Every owner of a lot in the Subdivision shall be deemed to be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot and ownership of a lot shall be the sole qualification for such membership. In the event that fee title to a lot is transferred or otherwise conveyed, the membership in the Association which is appurtenant thereto shall automatically pass to such transferee, notwithstanding any failure of the transferor to endorse to his or her transferee any certificates or other evidences of such membership, if any. The foregoing is not intended to include Mortgagees or any other persons who hold an interest in a lot merely as security for the performance of an obligation, Declaration of Covenants, Conditions & Restrictions for Yelm Terra (K:~Tex-n++Proiect Faes++~2oos PF~osoos~cc-R~o2soa.doc) Page 4 3687579 I IIII IIII Pag 2/2004 f 1101A I III IIII IIIIIIII IIIIIIII IIIIIIIIII (IIIIIIII CITY OF LACEY COV $28.00 Thurston Co. Wa. and the giving of a security interest shall not terminate or otherwise affect an owner's membership in the Association. Notwithstanding any of the foregoing to the contrary, no owner, whether one or more persons, shall have more than one membership per lot. Membership rights in the Association shall include all rights and restrictions imposed thereon as described in this Declaration or as may be promulgated by the Board of Directors. 2. Voting. Membership in the Association shall include the right to vote. The Association shall have two (2) classes of voting membership: (a) Class "A". Class "A" members shall be all owners, with the exception of Declarants, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be divisible and exercised as the owners determine, but in no event shall more than one vote be cast with respect to the lot. (b) Class "B". The Class "B" member shall be the Declarant, who shall be entitled to three (3) votes for each lot owned. The Class "B" membership shall cease and be converted to Class "A" membership upon the date (hereafter, the "Transfer Date") of the happening of any of the following events, whichever occurs earlier: (i) the expiration of five (5) years after the date of this Declaration; (ii) the date on which 100% of the lots have been transferred by the Declarant; (iii) the surrender by the Declarant of the authority to appoint directors and officers of the corporation. 3. Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to owners and mortgagees, current copies of this Declaration, and the books, records, and financial statements of the Association prepared pursuant to the Association's Bylaws. The Association may charge a reasonable fee for copying such materials. 4. Transfer Date of Declarants' Authority. Until the Transfer Date described in Article II(B)(2)(b), Declarant shall have the right to appoint or remove any member of the Board of Directors and any officer or officers of the Association. From and after the Transfer Date, the said Declarant shall cease to have such authority and the Directors and officers of the Association shall be appointed and removed as set forth in the Articles of Incorporation, Bylaws and Chapter 24.03 RCW. 5. Successor to Declarant. The Association shall succeed to all of the rights, duties and responsibilities of Declarant under this Declaration upon the earlier of the events listed at Subsection (B)(2)(b) of this Article. Declaration of Covenants, Conditions & Restrictions for Yelm Terra ~K:~rexn++ProJect Faes++~oos PF~oaooa~cr ~+~~~~~ ~~~~ IIIIIIIIII p~~o ~ VIII VIII IIII IIIIIII VIII III VIII IIII IIII P69 272004 f 11018 RCEY COV $28.00 Thurston Co. Wa. ARTICLE III COMMON AREAS "Common Areas" as that term is used herein shall mean and refer to any one, and collectively, all of the following parcels of land or easements contained in the final plat: Tracts A, B, C, D, E, F & G and the Storm Water Drainage Easements located adjacent to lots 15, 16, 23, 79, 80, 81, 82, 83 & 84 for maintenance purposes. ARTICLE IV COVENANTS RESPECTING ASSESSMENTS A. Assessments. The Declarant, for each lot owner, hereby covenants and agrees, and every owner of every lot by acceptance of the deed or other instrument of conveyance thereof including real estate contract (whether or not it shall be so expressed in such deed or other instrument of conveyance) is deemed to personally covenant and agree, jointly and severally, and hereby does so covenant and agree, to pay to the Association: (a) annual assessments; (b) special assessments; and (c) default assessments applicable to such lot; such assessments to be established and collected as hereinafter provided. No owner may waive or otherwise escape personal liability for the payment of the assessments provided for herein by non-use of the Common Area or by abandonment or leasing of such owner's lot. Each and every owner shall pay a onetime initiation fee of $250.00, plus annual dues of $250.00. B. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, convenience, and general welfare of the owners, including the improvement and maintenance of the Common Area. Proper uses of the assessments levied by the Association shall include, but are not limited to, the expenditures of funds for taxes, fees, expenses, charges, levies, premiums, expenditures, or other costs incurred by the Association for: Installation, maintenance and repair of common paths, walkways; 2. Providing services to the Common Area such as tree care, mowing grass, caring for the grounds and sprinkling and irrigation system, landscaping, shrubs, grass, walkways and pathways; street lighting; Carrying out the powers and duties of the Association; 4. Purchase of insurance for the Association; 5. Any other purposes and uses that the Board shall determine to be necessary to meet the primary purposes of the Association, including the establishment and maintenance of reserves for repair, maintenance, taxes, and the other uses specified above. C. Assessment Years. The first assessment year for the levying of the Association's monthly assessments shall commence upon the date of the recording with the Thurston County Auditor of the Declarant's first conveyance of the Common Area to the Association and continue thereafter until the following 31st of December. Subsequent assessment years shall thereafter commence on the first day of January and continue until the following 31st of December. D. Calculation of Annual Assessments. The Board of Directors shall prepare a budget by November 1st of each year (except the first assessment year in which the first annual assessment shall be determined at the organizational meeting of the Association) estimating its net cash flow requirements for the Declaration of Covenants, Conditions & Restrictions for Yelm Terra ~K:~rex-n++ProJect Ff~es++~zoos PF~osooa~cc-Rlozsoa.doc~ Page 6 II 3687579 IIII Page : 7 of 10 II II II IIII III II II IIII II III IIII III IIII 1 IIII i/ IIII I 1212 III 004 11.418 CITY OF LACEY COV $28.00 Thurston Co. Wa. next year and an estimate of the assessments to be charged each owner, and the Board shall distribute the proposed budget to the owners. On or before December 1st of each year, the Board, at a Board Meeting held for that purpose and open to all members, shall approve the budget in final form, and shall determine, levy and assess the Association's annual assessments for the approaching year. Each budget shall include funds for establishing and maintaining reserves for periodic repairs, replacement, and maintenance of any improvements, which must be replaced on a periodic basis, and for taxes, capital improvements, deficiencies from the prior year's Maintenance Fund, and other purposes, and shall include any expected income and surpluses from the prior year's Maintenance Fund. E. Special Assessments. Generally, in addition to the annual assessments authorized above, the Board may, at any time and from time to time, determine and levy in any assessment year a special assessment applicable to that particular assessment year for the purposes of defraying, in whole or in part, the costs, fees, and expenses of any construction, reconstruction, repair, demolition, replacement, or maintenance of the Common Area. F. Default Assessments. All monetary fines assessed against an Owner pursuant hereto, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant hereto shall be a default assessment. Notice of the amount and due date of such default assessment shall be sent to the Owner subject to such assessment at least thirty (30) days prior to the due date. G. Due Dates for Assessment Payments. Annual and special assessments may be paid in annual, quarterly or monthly installments. Unless otherwise determined by the Board, the annual assessments and any special assessments which are to be paid in annual installments, shall be due and payable to the Association, in advance, on or before December 31 of each year. If any such assessment shall not be paid within fifteen (15) days after it shall have become due and payable, then the Board may assess a "late charge" thereon in an amount not exceeding five percent (5%) of the unpaid assessment to cover the extra expenses involved in handling delinquent assessment payments and to encourage timely receipt of payments. Further, all such delinquent assessments shall bear interest as hereafter provided. H. Lien. All lots in the Subdivision shall be subject to the charges and assessments provided for the purposes set forth above and in the Articles of Incorporation and By-Laws of the Association. The Association shall have a lien against all lots in the Subdivision for said charges and assessments, including interest at twelve percent (12%) per annum on all such charges and assessments that are not paid when due. If said charges and assessments levied by the Association shall not be paid within one (1) month after they become due and payable, then the Association may take any or all of the following actions: Suspend the voting rights of the owner during any period of delinquency. 2. Bring an action at law against any owner personally obligated to pay for the delinquent assessments. 3. Proceed to foreclose its lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Washington. Whether or not a personal or a foreclosure action is commenced, the Association shall be entitled to recover all costs of collection of assessments from any delinquent Lot owner, including, but not limited to, the cost of title search and court costs, together with reasonable attorney's fees. Any first mortgage liens placed upon any of said lots which are recorded in accordance with the Laws of the State of Washington shall be, from the date of the recording of such mortgage, superior to such assessments and the liens provided for herein that are levied by the Association subsequent to the date that said first mortgage is recorded. Declaration of Covenants, Conditions & Restrictions for Yelm Terra ~K:~rexn++ProJect Faes++~2oos PF\osoos~CGRtozsoa.doc) Page 7 3687579 IIII IIII Pa/912./2004 f 1101 R I III VIII 1111111 IIIIIIII IIIIIIIIIII IIIIIIII IIII CITY OF LACEY COV $28.00 Thurston Co. Wa. ARTICLE V MODIFICATION OF COVENANTS These Covenants may be modified by an instrument in writing signed by the owners holding at least 75% of the total votes in the Association entitled to be cast, which instrument shall be recorded to be effective; provided, however, that: (a) any amendment which materially and adversely affects the security, title and interest of any Mortgagee must be approved by such Mortgagee; and (b) during any period in which Declarant owns an interest in any property in the Subdivision, such amendment must be approved by Declarant. ARTICLE VI TERM AND CONSTRUCTION These Covenants, Conditions and Restrictions shall run with the land and shall be binding upon all parties and persons owning lots or an interest therein as stated above and all persons and parties claiming under these Covenants, Conditions and Restrictions for a period of 20 years from the date these Covenants are recorded, after which these Covenants shall be automatically extended for successive periods of 10 years each in perpetuity unless an instrument signed by the owners of 75% or more of the lots has been recorded altering such Covenants in whole or in part. ARTICLE VII ENFORCEMENT Enforcement of these Covenants, Conditions and Restrictions may be by proceeding at law or in equity against any person or persons violating or attempting to violate such Covenants, Conditions and Restrictions, and such actions may be to restrain the violation or to recover damages for each violation. In any such action, the prevailing party shall be entitled to recover any court costs and reasonable attorney's fees. ARTICLE VIII SEVERABILITY Invalidation of any one or more of these Covenants by judgment or court order shall in no way affect or alter any of the other provisions which remain in full force and effect. IN WITNESS WHEREOF the parties hereto have signed this Declaration of covenants, Conditions and Restrictions for Yelm Terra this ~ day of ~'T't7'S3 CYL._ , 2004. Declaration of Covenants, Conditions & RBStriCtlOnS for Yelm Terra (K:ITEXT1++Project Files++12003 PF\03008\CC-R102604.doc) Paae 8 3687579 II page . 9 of 10 IIII 11/12/2004 11:418 II IIII II I II III III III II IIII IIIII IIII III III III IIIII CITY OF LACEY COV $28.00 Thurston Co. Wa. STATE OF WASHINGTON ss. County of Thurston ) J On this ~;~ day of ~'L'~ ~~ 2004, before me personally appeared STEVEN L. CHAMBERLAIN, to me known to be the Managing Member of YELM TERRA, LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. r' Datedw®~ f~,1 f~ ~/ ~ , 2004 _ : o~; NOTARY~~~: _ t'LIBL~I{~G,7[`' ~ `9~ 31.E ~ ~ ~~~% OF tNASN~~ \~~\ ~,~/flilll\\\ C ( ease print name legibly) NOTARY PUBL in and for the State of Washington; Residing at My appointment expires ' / D Declaration of Covenants, Conditions & Restrictions for Yelm Terra (K:~TExn++ProJect Fees++~2o03 PF~o3oc III "' III 3687579 II Page: 10 of II 1 0 I IIII II II III IIII III III III III IIII II III III 1 IIII 111 CITY OF LACEY 2/2004 11.41A COV $28.00 Thurston Co, tJa eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Stormwater Maintenance Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 3687584 IIII Pal912./2004 f 110'Q I IIII III II III II III II IIII IIII Iilil 1111111 II III Iillll CITY OF LACEY AGR $28.00 Thurston Co. Wa. AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN YELM TERRA, LLC HOMEOWNER'S ASSOCIATION ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") The upkeep and maintenance of stormwater facilities is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of on site stormwater facilities. LEGAL DESCRIPTION: Plat of Yelm Terra, Thurston County, Yelm, WA Whereas, OWNER has constructed improvements, including but not limited to, homes, 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.. THE JURISDICTION SHALL: (1) Provide technical assistance to OWNER in support of its operation and maintenance activities conducted pursuant to its maintenance program. Said assistance shall be provided upon request, and as City time and resources permit, at no charge to OWNER. (2) Conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (3) 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 facility existing on the OWNER property, the JURISDICTION shall give the owner of the property within which the drainage facility is located, and the person or agent in control of said property, notice of the specific maintenance and/or repair AGREEMENT TO MAINTAIN STORMWATER FACILITIES Page 1 K:\TEXT\++Project Files++\2003 PF\03008\Agreement to Maintain stormwater Facilities.doc IIIIII VIII IIIIII VIII IIII VIII IIIIIII III VIII IIII IIII P6g 2!52004 f 11018 CITY OF LACEY AGR $28.00 Thurston Co. Wa. required. The JURISDICTION shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the JURISDICTION, written notice will be sent to the persons who were given notice stating the JURISDICTION's intention to perform such maintenance and bill the owner for all incurred expenses. The JURISDICTION may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the OWNER bill if required maintenance is not performed. (2) If at any time the JURISDICTION determines that the existing system creates any imminent threat to public health or welfare, the JURISDICTION may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. All other OWNER responsibilities remain in effect. (3) The 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 (1) and/or (2). (4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. 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 from OWNER or their successors any right, title, or interest in the property or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest th%~~~~~th~bene it of all citizens of the JURISDICTION. ~"'-'7r AGREEMENT TO MAINTAIN STORMWATER FACILITIES Page 2 K:\TEXT\++Project Files++\2003 PF\03008Wgreement to Maintain stormwater Facilities.doc 3687584 II page. 3 of 10 II 11/12/2004 11:418 III I I II II III II II II I IIII I III II II I a I W II III II Co I I I n I o III st II r II u AGR $28.00 Th CITY OF LACEY STATE OF WASHINGTON ) ss. COUNTY OF THURSTON )' On the ,,~~ay of ~~~-~ s/ 200 personally appeared before me, known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that he/she signed the same as his/her free and voluntary act and deed for the uses and purposes therein mentioned. Givet~`~Ipyi~r my hand and offi ti~a~ G`1 A. C O~ /i ac`'~C?Tl~~.~'m:~ = ~.U)Nw; ~-BI.IC ~~ ~ ~ .,. ~ `.~ ,y~ = `~ STATE OF WASHINGTON COUNTY OF THURSTON I seal this ~a of ~ - / 200 ~ . ~~ Y , Mary Puk~f~Jin and for the :ate of ashington, residi~,9 at ~_._- y commission expires ~ ~i-~~ City of Yelm ss. On the day of , 200_, personally appeared before me, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of , 200_. Notary Public in and for the State of Washington, residing at My commission expires AGREEMENT TO MAINTAIN STORMWATER FACILITIES Page 3 K:\TEXT\++Project Files++\2003 PF\03008\Agreement to Maintain Stormwater Facilities.doc II 3687584 I Page: 4 of 10 II II I I III II I I I II I II I I II II III II II III II III I II , II„ I 1 II z, CITY OF LACEY zoo4 ~~•41q AGR $28.00 Thurston Co. Wa, ATTACHMENT "A": MAINTENANCE PROGRAM COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: III 3687584 IIII Page : 5 of 10 I II III IIII II III II II IIII II II II 1 III II ,2 III ,2 III m0 III 4 , I 1. 41R CITY OF LACEY AGR $28.00 Thurston Co. Wa. ATTACHMENT "A" Maintenance Checklist for Conveyance Systems (Pipes and Swales) Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should Exist Feature M.S. Pipes J Sediment & Accumulated sediment that exceeds Pipe cleaned of all sediment and debris 20% of the diameter of the pipe. debris. M J Vegetation Vegetation that reduces free All vegetation removed so water movement of water through pipes. flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or replaced. (rusted, bent or is causing more than 50% crushed) deterioration to any part of pipe. M J Any dent that significantly impedes Pipe repaired or replaced. flow (i.e., decreases the cross section area of pipe by more then 20%). M J Pipe has major cracks or tears Pipe repaired or replaced. allowing groundwater leakage. M.S. Swales Trash & debris Dumping of yard wastes such as Remove trash and debris and grass clippings and branches into dispose as prescribed by Swale. Unsightly accumulation of County Waste Management nondegradable materials such as Section. glass, plastic, metal, foam and coated paper. M Sediment Accumulated sediment that exceeds Swale cleaned of all sediment buildup 20% of the design depth. and debris so that it matches design. M Vegetation not Grass cover is sparse and weedy or Aerate soils and reseed and growing or areas are overgrown with woody mulch bare areas. Maintain overgrown vegetation. grass height at a minimum of 6" for best stormwater treatment. Remove woody growth, recontour and reseed as necessary. M,S Erosion damage See ponds checklist See ponds checklist to slopes M Conversion by Swale has been filled in or blocked If possible, speak with homeowner to by shed, woodpile, shrubbery, etc. homeowner and request that incompatible Swale area be restored. Contact use City to report problem if not rectified voluntarily. A Swale does not Water stands in Swale or flow A survey may be needed to drain velocity is very slow. Stagnation check grades. Grades need to occurs. be in 1 % range if possible. If grade is less than 1 %, underdrains may need to be installed. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major stoma III 3687584 II Pa II e I I I IIII 9 6 o f II 1 0 II i II II II III II II I II II II II I C II I II , T II 1 Y I, 0 I 12 F LACEY X2004 11 ; 41q AGR $28.00 Thurston Cc, lJa ATTACHMENT "A" Maintenance Checklist for Catch Basins and Inlets Feature Drainage System Req'd Problem Conditions to Check For Conditions That Should Exist Feature M.S. General ~ Trash, debris and Trash or debris in front of the catch No trash or debris located sediment in or on basin opening is blocking capacity by immediately in front of catch basin basin more than 10%. opening. Grate is kept clean and allows water to enter. M ~ Sediment or debris (in the basin) that No sediment or debris in the catch exceeds 1/3 the depth from the bottom basin Catch basin is dug out and of basin to invert of the lowest pipe clean into or out of the basin M.S. ~ Trash or debris in any inlet or pipe Inlet and outlet pipes free of trash blocking more than 1/3 of it's height. or debris. M ~ Structural damage to Comer of frame extends more than Frame is even with curb. frame and,'or top slab 3/4" past curb face into the street (if a licable'. M ~ Top slab has holes larger than 2 inches Top slab is free of holes and cracks. or cracks wider than 1/4" (intent is to make sure all material is running into the basin). M ~ Frame not sitting flush on top slab, i.e.. Frame is sitting flush on top slab. separation of more than 3/4" of [he frame from the to slab. A ~ Cracks in basin Cracks wider than 1/2" and longer than Basin replaced or repaired to design wallsibottom 3', any evidence of soil particles standards. Contact a professional entering catch basin through cracks or enlrineer for evaluation maintenance personjudges that stnrcture is unsound. A ~ Cracks wider than l~'2" and longer than No cracks more than li4" wide a[ 1' at the join[ of any inlet/outlet pipe or the join[ of inlet/outlet pipe. any evidence of soil particles entering catch basin throu ~h cracks. A ~ Settlementimis- Basin has settled more than 1" or has Basin replaced or repaired to design aligmrrrent rotated more than 2" out of alilmnxnt. standards. Contact a professional en rineer for evaluation M.S. ~ Fire hazard or other Presence of chemicals such as natural No color, odor or sludge. Basin is pollution gas, oil and gasoline. Obnoxious color, dug out and clean odor or slud *e noted. M.S. v Outlet pipe is clogged Vegetation or roots meowing in No vegetation or root gttow[h with vegetation inlet%outlet pipe joints that is more than present. 6" tall and less than 6" a art. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major stones 3687584 IIII IIII Pa/y12/2004 1 1101 R I III VIII VIII VIII IIII IIII 111111 IIIIIIIII IIII CITY OF LACEY AGR $28.00 Thurston Co. Wa. ATTACHMENT "A" Maintenance Checklist for Grounds (Landscaping) Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should Exist Feature M General ~ Weeds Weeds meowing in more than 20% of Weeds present in less than 5% of the (nonpoisonous) the landscaped area (trees and shrubs landscaped area. onl M ~ Safety hazard Any presence of poison ivy or other No poisonous vegetation or insect poisonous vegetation or insect nests. nests present in landscaped area. M. S. .I Trash & debris Dumping of yard wastes such as Remove trash and debris and dispose buildup in open space grass clippings and branches. as prescribed by City Waste Unsightly accumulation ofnon- Management Section. degradable materials such as glass, plastic, metal, foam and coated a er. M ~ Missing or broken Any defect in the fence or screen Fence is mended or shrubs replaced parts/dead shrubbery that permits easy entry to a facility. to form a solid barrier to entry. M.S. ~ Erosion Erosion has resulted in an opening Replace soil under fence so that no under a fence that allows entry by opening exceeds 4" in height. people or pets. Causes of erosion identified and steps taken to slow down and/or spread out [he water. Eroded areas are filled, contoured, and seeded. M ~ Unruly vegetation Shrubbery is meowing out of control Shrubbery is trimmed and weeded [o or is infested with weeds. provide appealing aesthetics. Do not use chemicals to control weeds. A Trees and shrubs ~ Damage Limbs or parts of trees or shrubs that Trim trees/shrubs to restore shape. are split or broken which affect more Replace trees/shrubs with severe than 25% of the total foliage of the damage. tree or shrub. M ~ Trees or shrubs that have been Replant tree, inspecting for injury to blown down or knocked over. stem or roots. Replace if severely dams ed. A ~ Trees or shnrbs which are not Place stakes and nrbber-coated ties adequately supported or are leaning around young trees/shnrbs for over, cousin ex osure of the roots. su ort. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storrr>s II 3687584 I Page: 8 of 10 II III I II II III II III II II II III II 11 III !, IIII I 2!2© III ©4 11.418 CITY OF LACEY AGR $28.00 Thurston Co. Wa. ATTACHMENT "A" Maintenance Checklist for Ponds Frequency Drainage Req'd Problem Conditions to Check For Conditions That Should Exist System Feature M,S General J Trash & debris Clwnping of yard wastes such as bass Removed trash and debris and dispose buildup in pond. clippings and branches into basin. as prescribed by City Waste Unsightly accumulation of Management Section nonde~adable materials such as glass, lastic, metal, foam and coated a er.. M,S ~ Trash rack plugged Bar screen over outlet more than 25% Replace screen. Remove trash and or missing covered by debris or missing. debris and dispose as prescribed by Cirv Waste Mana ernent Section. M J Poisonous Any poisonous vegetation which may Remove poisonous vegetation Do not vegetation constitute a hazard to the public. spray chemicals on vegetation without Examples of poisonous vegetation obtaining guidance from the include: tansy ragwort, poison oak, Cooperative Extension Service and stir ~n ~ nettles, and devilsclub. a royal from the Ci M,S J Fire hazard or Presence of chemicals such as natural Find sources of pollution and eliminate pollution gas, oil and gasoline, obnoxious color, them Water is free from noticeable odor or slud a noted. color, odor or contamination M J Vegetation not For grassy ponds, amass cover is sparse For grassy ponds, selectively thatch, meowing or is and weedy or is overgrown. For wetland aerate, and reseed ponds. Grass cutting overgrown ponds, plants are sparse or invasive unnecessary unless dictated by species are present. aesthetics. For wetland ponds, handplan nursery-mown wetland plants in bare areas. Contact the Cooperative Extension Service for direction on invasive species such as purple loosesta[e and reed canary grass. Pond bottoms should have uniform dense coveraee of desired lant s ecies. M J Roden[ holes Any evidence of rodent holes if facility is Rodents destroyed and dam or berm acting as a dam or berm, or any evidence repaired. Contact the Thurston Counry of water piping through dam or berm via Health Department for gnridance. rodent holes. M v Insects When insects such as wasps and hornets Insects destroyed or removed from site. interfere with maintenance activities, or Contact Cooperative Extension Service when mos uitoes become a nuisance. for guidance. A J Tree ~owth Tree growth does not allow maintenance Trees do no[ hinder maintenance access or interferes with maintenance activities. Selectively cultivate trees activity (i.e., slope mowing, silt removal such as alders for firewood. or equipment movements). If trees are not interfering with access, leave trees alon . M Side slopes of J Erosion on berms or Check around inlets and outlets for silms Find causes of erosion and eliminate pond at entrance/exit. of erosion. Check berms for silms of them Then slopes should be stabilized sliding or settling. Action is needed by using appropriate erosion control where eroded damage over 2 inches deep measure(s); e.g., rock reinforcement, and where them is potential for continued planting of grass, compaction. erosion M Storage area J Sedirnen[ buildup in Accumulated sediment [hat exceeds 10 % Sediment cleaned out [o desit~red pond pond of the desigmed pond depth. Buried or shape and depth; pond reseeded if partially buried outlet structure probably necessary to control erosion indicates si mificant sediment de osits. A Pond dikes J Settlements Any part of dike, which has settled 4 Dike should be build back to the design inches, lower than the desitm elevation. elevation. A Emergency J Rock missing Only one layer of rock exists above Replace rocks to desibm standards. overftowi native soil in area 5 square feet or larger, s illwa or an ex osure of native soil. One Time Emergency J Overflow missing Side of pond has no area with large rocks Contact Ciry for guidance. overflow/ to handle emergency overFlows. spillway [f you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M =Monthly (see schedule) S = After major storms IIIIII I P6g 7594of 10 IIII IIIIII illll IIII Iilll IIII IIIIII IIIIII 1111 IIII 2120 III 04 11.41q CITY OF LACEY AGR $28.00 Thurston Co. Wa. ATTACHMENT "A" Maintenance Checklist for Infiltration Systems Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should Feature Exist A Storage area J Sediment buildup A soil texture test indicates facility is Sediment is removed and/or in system not working as its designed capabilities facility is cleaned so that or was incorrectly designed. infiltration system works according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A J Storage area drains A soil texture test indicates facility is Additional volume is added slowly (more than rwt working at it's designed capabilities through excavation to 48 hours) or or was incorrectly desilmed. provide needed storage. overflows Soil is aerated and rototilled to irr>Qrove drainage. Contact the City for information on it's requirements regarding excavation. M J Sediment trapping Any sediment and debris filling area to Clean out sump to design area 10% of depth from sump bottom [o depth. bottom of outlet pipe or obstructing Flow into the connector i e. One Time J Sediment trapping S[onmvater enters infiltration area Add a trapping area by area no[ present directly without treatment. constnrcting a sump for settling of solids. Segregate settling area from rest of facility. Contact City for guidance. u you are unsure wnemer a prooiem exists, prease contact the Junsdrenon and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major stones I IIII 3687584 I IIIIII II Paly12/2004 off :4 A IIIVIIIIIIIIIIII IIIIIII IIIIIIIIIIIIIIII CITY OF LACEY AGR $28.00 Thurston Co. Wa. .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW I/4, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 IIIIII 3687583 I Page: 1 of 10 III IIII IIIII III III IIIII IIIII II IIIII III 1! IIIII 1212 IIII 004 11.418 CITY OF LACEY PC $28.00 Thurston Co. Wa. Form No. 14 Subdivision Guarantee Guarantee No.: NCS-112958-WA3 GUARANTEE Issued by First American Title Insurance Company 3866 South 74th Street, Tacoma, WA 98409 Tit/e Ohicer,• Renee Richardson Phone: (253) 471-1234 FAX.• (253) 671-5826 IIIIII 3687583 VIII VIII P1 9 2120 of 10 Iilll IIII IIII 0411.418 IIIIIIII III IIIiI IIII IIII CITY OF LACEY PC $28.00 Thurston Co. Wa. ' Form No. 14 Subdivision Guarantee (4-10-75) a t ~ ~? :, ~ e~ gyP.: ,r. Guarantee No.: NCS-112958-WA3 Page No.: 1 First American Tit/e Insurance Company Nations/ Commercial Services 3866 South 74th Street, Tacoma, WA 98409 (253) 471-1234 - FAX (253) 671-5826 THIRD AMENDED SUBDIVISION GUARANTEE LIABILITY FEE GUARANTEES First American Title Insurance Company 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: September 13, 2004 at 7:30 A.M. $ 5,000.00 ORDER NO.: NCS-112958-WA3 $ 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. 3687583 III IIII IIII Peg 2.12004 f 1101 R IIIIIII IIIIIII IIIIIII (IIIIIII IIIIIII IIII III CITY OF LACEY PC $28.00 Thurston Co. Wa. FirstAmerican Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) THIRD REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Yelm Terra, LLC, a Washington Limited Liability Company Guarantee No.: NCS-112958-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 A1: Commencing 40 feet East and 668 feet North of the Southwest corner of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East, W.M. in Thurston County, Washington; Thence south 198 feet; Thence East 396 feet; Thence North 198 feet; Thence West 396 feet to the Point of Beginning. Parcel A2: An easement for ingress to and egress from said real property over that portion of the West 40 feet of said Northeast Quarter of the Northwest Quarter abutting upon said tract and over the West 30 feet extending therefrom to the North line thereof in Thurston County, Washington. Parcel B: That portion of the North Half of the Northwest Quarter of Section 30, Township 17 North, Range 2 East, W.M., in Thurston County, Washington, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter; Thence East 526 feet; Thence North 668 feet; Thence West 1262 feet, more or less, to a point 664 feet East of the West line of the Northwest Quarter; I IIIIII VIII IIIIII IIII 3687583 IIIIIIIIIIIIIIIIIIIIIIIII Pal912l2004111018 IIII IIII Fl/5tA/77e/7Ca(7 T% CITY OF LACEY PC $28.00 Thurston Co. Wa Form No. 14 Guarantee No.: NCS-112958-WA3 Subdivision Guarantee (4-10-75) Page IVo.: 3 Thence South 668 feet; Thence East to the Point of Beginning; Except that portion thereof lying within 105th Avenue Southeast running along the SoOuth line thereof; Also Excepting therefrom that portion thereof described as follows: Beginning 436 feet East and 470 feet North of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 30, Thence North 198 feet; Thence West 396 feet; Thence South 198 feet; Thence East 396 feet to the Point of Beginning. Parcel C: Beginning at a point 40.7 rods West of the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of the W.M., in Thurston County, Washington; Thence North 39.3 roads to irrigation ditch; Thence Northwesterly along said ditch 10.32 rods; Thence South 46.6 rods; Thence East 7.3 rods to Point of Beginning; Also a strip of land ten feet wide along the Southwest bank of the said irrigation ditch beginning at the intersection of said ditch with the South line of the Northeast Quarter of the Northwest Quarter of the above mentioned Section 30, in Thurston County, Washington; Except from all of the above that portion thereof lying within 105th Avenue Southeast running along to South line thereof. Excepting therefrom the following described property: That portion of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of W.M. in Thurston County, Washington, described as follows: Beginning at the Southeast corner of Lot 4 of Short Plat SS-1805, recorded under recording no. 8303230024; Thence South 89°24'41" East along the Easterly extension of the South line of said Lot 4 a distance of 103.22 feet more or less to the Yelm Irrigation Canal; Thence North 44°45'05" West along said canal a distance of 144.37 feet more or less to the Northeast corner of said Lot 4; Thence South 00°53'19" West along the East line thereof a distance of 101.48 feet more or less to the point of beginning. Parcel D: Part of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of the W.M., in Thurston County, Washington: Commencing at the Southeast corner of said Northeast Quarter of Northwest Quarter; Thence West 40.7 rods; Thence North 39.3 rods to Irrigation Ditch; Thence Southeasterly along said ditch to a point 1 rod North of South line of said Northeast Quarter of the Northeast Quarter; Thence East to East line of said Northeast Quarter of Northeast Quarter; ,;,:,a~e.,,,,-, IM~VNIWWIMNN~VN~I~INIVII~IIVIIIN°~':;'w': ~.,o Form No. 14 Guarantee No.: NCS-112958-WA3 Subdivision Guarantee (4-10-75) Page No.: 4 Thence South 1 rod to beginning; Excepting a strip of land 10 feet wide along the Southwest bank of said irrigation ditch; Also Except that portion thereof lying within 105th Avenue Southeast running along the South line thereof. APN: 22730210500 APN: 22730210600 APN: 22730210700 APN: 22730210800 III 3687583 II Page: 6 of 10 III II II 111111 III III III IIII IIII III IIII IIII IIII 11 (IIII /12/ CITY OF LACEY 20D4 11.41A PC $28.00 Thurston Co. Wa, FirstAmerican Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. General Taxes for the year 2004. Tax Account No.: 22730210500 Amount Billed: $ 730.40 Amount Paid: $ 365.20 Amount Due: $ 365.20 Assessed Land Value: $ 50,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. A1) 2. General Taxes for the year 2004. Tax Account No.: 22730210600 Amount Billed: $ 2,779.09 Amount Paid: $ 1,389.54 Amount Due: $ 1,389.55 Assessed Land Value: $ 94,250.00 Assessed Improvement Value: $ 102,600.00 (Affects Parcel No. B) 3. General Taxes for the year 2004, which have been paid. Tax Account No.: 22730210700 Amount Billed: $ 702.39 Amount Paid: $ 702.39 Amount Due: $ 0.00 Assessed Land Value: $ 48,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. C) 4. General Taxes for the year 2004. Tax Account No.: Amount Billed: Amount Paid: Amount Due: Assessed Land Value: Assessed Improvement Value: (Affects Parcel No. D) 22730210800 $ 896.48 $ 448.24 $ 448.24 $ 62,400.00 $ 0.00 Guarantee No.: NCS-112958-WA3 Page No.: 5 3687583 IIII IIII Pal912.! 2004 f 1101 R II III VIII 1111111 VIII IIII (IIII IIIIIIIIII (IIII CITY OF LACEY PC $28.00 Thurston Co. Wa. First American Tit/e Insurance Company Form No. i4 Subdivision Guarantee (4-10-75) 5. Deed of Trust and the terms and conditions thereof. Guarantee No.: NCS-112958-WA3 Page No.: 6 Grantor/Trustor: Yelm Terra, LLC Grantee/Beneficiary: GAB Trustee: First American Title Insurance Co., a Corporation Amount: $254,400.00 Recorded: 04/12/2004 Recording Information: 3631930 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664003. 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC Grantee/Beneficiary: Janette B. Loutzenhiser, as to an undivided 91.726%, Beverly B. Johnson as to an undivided 5.516%, Carol A. Rembaugh as to an undivided 1.379% and William D. Marr as to an undivided 1.379% Trustee: First American Title Insurance Co., a Corporation Amount: $620,000.00 Recorded: 10/06/2003 Recording Information: 3583057 A document recorded April 12, 2004 as 3631931 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded April 12, 2004 as 3631930 of Oft=lcial Records. The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664002. 7. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording No.: Yelm Terra, LLC GAB First American Title Insurance Co. , a Corporation $1,975,000.00 04/ 12/2004 3583058 A document recorded October 6, 2003 as 3583059 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded October 6, 2003 as 3583057 of Official Records. A document recorded April 12, 2004 as 3631929 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded April 12, 2004 as 3631930 and to deed of trust recorded October 6, 2003 as 3583057 of Official Records. IIIIIIIIIIIIIIIIII Pag2503of 10 IIII IIII IIII I 04 11.41A IIIIIIIII IVIIII IIIIIII CITY OF LACEY PC $28.00 Thurston Co. Wa. First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-112958-WA3 Page No.: 7 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664004. 8. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording No.: Yelm Terra, LLC GAB First American Title Insurance Co., a Corporation $100,000.00 05/24/2004 3643737 9. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Robert W. Greenway Marilyn L. Greenway Trustee: First American Title Insurance Co., a Corporation Amount: $100,000.00 Recorded: 05/24/2004 Recording No.: 3643738 10. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Laibility Company Grantee/Beneficiary: Robert W. Greenway Profit Sharing Plan and Trust and Jerald W. Smith and Mary Kaye Smith Trustee: First American Title Insurance Co., a Corporation Amount: $5000,000.00 Recorded: 07/70/2004 Recording No.: 3655872 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664005. 11. Easement, including terms and provisions contained therein: Recording Information: 973540 For: water lines Affects: Parcel No. A 12. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 543" recorded January 19, 1995 as 9501190148 of Official Records. (Affects Parcel No. A) 13. Easement, including terms and provisions contained therein: Recording Information: 9508030046 For: gas pipeline or pipelines Affects: Parcel No. B 3687583 IIII Pag 2!2004 f 11101 R IIII IIII IIII IIII III III III III III III IIIII II III a . IIIII o. w II nC CITY OF LACEY PC $28.00 Thursto First American Tit/e Insurance Company Form No. 14 Guarantee No.: NCS-112958-WA3 Subdivision Guarantee (4-10-75) Page No.: 8 14. A record of survey recorded under recording no. 3552873 said survey discloses the following matters: Encroaching and/or overlapping fence along West line. (Affects Parcel No. B) 15. Any question as to the true location of the irrigation ditch. (Affects Parcel No. C and D) 16. Any question that may arise due to the shifting and/or changing in the course of the irrigation ditch. (Affects Parcel No. C and D) 17. Any question arising as to whether or not Parcel No. B and Parcel No. C are contiguous. The two legals do not tie to one another and may gap or overlap. 18. A document entitled "Mitigation Agreement", executed by and between Yelm Terra LLC and Yelm Community Shools District No. 2 recorded August 27, 2004, as Instrument No. 3669374 of Official Records. INFORMATIONAL NOTES A. 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. 3687583 IIII Pa/~12l2004 off .40R III III IIII 111111 IIII III II IIII III II IIII IIII III (IIII i CITY OF LACEY PC $28.00 Thurston Co. Wa• First American Title Insurance Company Tess to of Y elm a i Merriman ,~ Bo ~ A 9$59'1 Y elm, ntai--ea tberein~ (°C tCansactjOns eo $ oenmentt-tAg-eement 1 W atran y s-gnecl or Celeasea: 2. penments as 3' ceNumber~aocu~ nts~s>> dleinida1, Ron page ~ of e, ~-rst name m-d ~ Last nam GCanelmTe a~L'L C. 1 • Y an~berlain~ Steve die initials 2 Cr e, ~-rst name' mid Last nam Grantee~s~ ~ Y elm lat or seen 1 T1ie C;ty of bock, N Range abbreviatea'0~~°wnsrlp 1~ Descr pt-°n ~ ction 3 er'. Se mb Legal,;on oftheNW ~~a~ aCCe~AeeOU~p4 2230210 AP° TaXp X30210 Assessor's Y 0 p2 ty0210600' 22 2~~3p21050 CEV A \\ L CIS OF WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS YELM TERRA, LLC (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 YELM TERRA, 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 specifications hereinafter set forth; and 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 and/or its assigns 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. Furthermore, the sewer improvements required to be constructed and dedicated to the public shall be unconditionally warranted for a period of 36 (thirty-six) months from the date of final plat approval. 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 Warranty Agreement Page 1 3687582 II VIII IIII IIII Pa1y12/2004 ` 1341 A IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIII CITY OF LACEY AGR $21.00 Thurston Co. Wa. 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. ,~ `' ; ~ / ~~ r L. HA LAIN YELM TER ,LLC Managing Member STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this ~~ ~ ~= day of ,/~i~,~~ ~ , 20 l ` ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN, Yelm Terra, LLC Managing Member 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, fl- ~~ day of ' i `~`L_~ ~.- , 20>" `~'~. ~- y:~ri t ' F e r~i~ ,~, r, ~~ ~~^ ` ,<.n~~, +~~ ~. ar N, tary Public in and for the - , ~"~,t~-~;~ _:."~`:~ ' fir - State of Washington, residing in , ,. = e ~d.~ _ r"~f lf l ~ ~//~ '-Tr-~_ . l~ A ~,-~`,,, ~ ,~, `o`'~ My commission expires: - 1 '~~~ !e~` ~ OF ~~~ , 41~1~,5\ ~ ~~~~111ltlte~~ --,- K:\TEXT\++Project Files++\2003 PF\03008\WARRANTY AGREEMENT.doc Warranty Agreement Page 2 3687582 II page . 3 of 3 I 11112/2004 11 41R I II II I I I II I I I II I II I I I II III II a. II w I III o . I C II II ton I I s I r II u I h I T I I 0 AGR $21.0 CITY OF LACEY eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Step Sewer System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceUAccount Number: 22730210500,22730210600,22730210700,22730210800 3687581 II Page; i of 2 II ~~r~zrz©oa ~~:a~a I II I II I I II a I W II II I o I C it n I o II t III r s I u III Th I I II 0 III .0 I 0 I I 2 II I II I C I I S I I I M CITY OF LRCEY BILL OF SALE ., ` ~, ~, THE BILL OF SALE is made and executed this - ~ day of < ~ ~ f L~ , , 20 by and between Yelm Terra, LLC hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situation in Thurston County, State of Washington, TO WIT: All sanitary sewer lines, appurtenances, and STEP sewer system, lying within dedicated rights-of-ways and easements for the plat of Yelm Terra, City of Yelm's Plat No. SUB- 04-0157-YL. IN WITNESS WHEREOF, said corporation proper ,officers and its corporate ~eal STATE OF WASHINGTON ) ss has caused this instrument to be executed by its (if any) to be a fixed t ~~%- r = day of Stev n L. Ch ber Yelm Terra, LLC Managing Member COUNTY OF THURSTON 1 , On the -~ !~- '~~- day of 4,! ~~ ~`_x- r 20 before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN to me known to be the YELM TERRA, LLC, Managing Member and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporationr~l11,r111j ~ti~r~ ~` . Cp //s~i WITN~~~.~'trt~,d~~official seal the day and year first-above written. „=~,~rs.. q `` ,.. ~ .~_ .. ' ~ .... ~' 9 ~' ~ / ,~ : ~`~'Ftt.tC ~ o ry Publie'in and for the .~s;;-:~:=~ ~,.~o~`' State,of Washington, residing in ~~!l/lllll~~~ System accepted this day of Bill of Sale K:\TEXT\++Project Files++\2003 PF\03008\corres\BILL OF SALE - Sewer.doc 20 City of Yelm By: Director of Public Works IIIIII 3687581 IIII Page: 2 of 2 I IIIIII II IIII III IIII III , III , / II II 12/ IIIII 2004 I II I 11 .41 II III A CITY OF LACEY MISC $20.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW `/4, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 3687580 IIII Fag 2./2004 f t tZ4~R IIII IIIII IIIII III IIII II II III IIII II IIII II II II III III I CITY OF LACEY MISC $20.00 Thurston Co. Wa• BILL OF SALE ~: -, THE BILL OF SALE is made and executed this ~ ~ ; ,;-~ day of ` / ~, ~ ~ _. , 20 ~ `;f , by and between Yelm Terra, LLC hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situation in Thurston County, State of Washington, TO WIT: All water lines and related appurtenances lying within dedicated rights-of-ways and easements for the plat of Yelm Terra, City of Yelm's Plat No. SUB-04-0157-YL. IN WITNESS WHEREOF, said corporation has caused this instrument o be executed by its proper officers and its corporate seal (if any) to be affyR~gd ,t~ day of S#eG~n-C Charr~t5erlatia~ " Yelm Terra, LLC Managing Member STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) (:--' On the -:~!~ `'-`~ day of c'' % f; / ~ , .- 20 ~ ` ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN to me known to be the YELM TERRA, LLC, Managing Member and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said cor~Di'~~'~~~~,~ F..~~ ,- ~'V~I''SS ~~~ and official seal the day and year first-above written. r;~, ,. ;-~ y- - ~' ~ N ary Public in and for the f;~;~ f,~~,~,R~'~ State, of Washington, residing in System accepted this day of , 20 City of Yelm By: Director of Public Works Bill of Sale K:\TEXT\++Project Files++\2003 PF\03008\corres\BILL OF SALE - Water.doc IIII 3687580 IIIII III IIIII IIII P1 /912/2©04 112418 IIIIIIIIIIIII IIIIIIIIIIIIIII IIIII CITY OF LACEY MISC $20.00 Thurston Co. Wa. L/~T 3~ 8'~~ ~ ~ j ~~~~~ ~ Iry~m~~ m '~i "1`1'1 y y N~1~yy x~~~~ .. 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I - 11 1 8 I~ «d H 8 I 4 2 M ~ 1 _-_-- ~ 1 0 O 1~ I I h I ;v I I ~ G I 1 q 1 I I I I 'a ! ~ ~ I Is III` _ _ _ - ~ I~___} _ _-__-~ P I 0 W I 1 ci I I 1 I ~: I I I 1 1 III ----- ~ ~ ~ I~ I I I a N I n I I I NI 111 ,~ P~ ~ a ~, a s~ ~'~, i O SEE SHEET 6 ~~ ~~~° VN~OI a ~~~0 a a ~i°> ° ~~~ m N O J'' Ji ----~ ., ~~--- I I I n x 0 you ~o~ ~~ '"" O J ~~ O~ O ~~ ~• ~~ \ww T ~A~ b ~~ y o~ ~ J cz~ ~w T ~I ~~~~75~~ ~/ SEE SHEET 5 1 I S 0075'19- W ~ I I S 0075'19' W 1~ S 0075'19- W I 1 I I 1 100.00 I• , 100.00 100.00 I~ I G I I 8i ~ 18 I 81 W 8 p co 18 1 I I 8 ~ _ I I I I s 0073.19- w I I I S 0075'19• W • w S 00;73'19• W 1 I I I • 1 100.00 1• 1 I 100.00 $ 100.00 I I 1 0l .r la I of (p ,,°o a o ~ I$ 1 I ~ I 8i ~ j8 1 81 'p $ $ OD Ig ~ I ~ 1 I s oo75'ra- w I I I s oo7s'19• w ~ " I o I S 0075'19' W rS 1 I I I • 1 100.00 1 I 100.00 • ~ ~ • 100.00 I • a 1"~ `° I I 1 a °I ~ IP I ,,°01 ~ 0 8 in ~ o ~ Io `^ I {- I I I ~ 8i 18 1 8~ U1 g ~~ ~ ^+ g ~I 18 0 ~" v 1 ~ I S 0073•,9• W I ~ ~ I NI A ~~, I s oo7s',s• w > n N s 0075'19- w l ~' ~ ,~ ~~~^~~ ~ ° I I I n• I 100.00 I Itl 100.00 Q;~ ~ 8 100.00 Y~1'~yy Y I I 1 4 CI IQ la OI ~/~ O 1.1~ D O Iw IQ 1 O~I~-•-• .. 1 ~ I f~ OI W O 0 p V. IP y X~~~~ ~ ~ ~ gl a ~, 81 rn 8 8 ~ 18 G] "' I' I s oo7s'19• w ~_ I s oo7s'19• w s oo7s•19• w l f - - ( • 1 100.00 1 • l o ~ 100.00 y • 100.00 0o1~~~i ~i~ -~r>OOA 1 I ~ ( .'44 rN oI I~ 30.s ?s.s q Ip ~1~pp I ~p 4 ~' I Y<~Y~ OI 01 « -1+ O O pd- ii~u1~~1~ i~ I I I 81 ~ 18 1 p1 J pp y~ ~ N~ ~ I~ ~ ~g~~g~H ~ ~° ~ I ~, o mss. 1 R r1 ~ I= 1 5 0075'19• W I ~ c 100.00 ~' ~~ ~'F ~ ~ > m I ~ I~ ~ ° ~' I s oa73 I9 w y ~~~ l 1 ~ ~'~ ~ ° I 1+ of Ip ~"~ I I o°i 's. ~P '% [~ q~ I i 50075'19- W 1 ~y I I qtr 9 L W /66 ~ ~`~/ ?~? ~ ~ `I I I ~" • I 100.00 • ~ pp> ~ I ~q djq Sri / , `t7~, r ~ • / A'i VI Z I I IV 01 101 ^IZ I I ~ ,~ ii. /OQ /e~~. • y R~~ ~$•°. ~ ~ m >~p ~~~ N~~ ~mG ~EQ ~~~~yyyn ~1V 8 ~~~ S 0079'4r W \ I 100.0.7 \ I \ I ~ \ \ I \ I S OA'.7l1'IY W \\ I :, I ~ ~° I ~ w I S 0078.4Y W ;', ,OO.OJ i ~ I n .# ~ ~ a OI s1 v I S 0078'4Y W •~I 100.0.7 vl •NII s ooze'+r w ,oz..w n/ `'/ ~ roz:• cD W'~~,' ?i F (1~ ~s y~ O ~_ ti ~ 81 18i~ I ~ q y N / / ~/ `"'`b9 ~ ~ 1 I s 0075'19- w~ , i cPo .$ ~. / / ~ / ~ ~~s ~ _ ~ I " 100.00 NI '4~ /oq ~ q/ 'y ~ I I 1 ~ al la• I ~1 ~ ~ //~ ' ~q/ 's~• ~ I I ~ °1 ~ I° ' I y / c 1 ~ / y N ,~ I ~ I y s 0073'19- w I , I `~'~ //~p°q ~ 9/ ;s:~ w I ~ f~ I 100.00 11 / r./ / ~b ~3v. oq I I l~=J 8i to i I / ti`' 4qy~ / y ~ $ ~ ~ .A~~ I S 0075'19• W I 1 I /0q ~ / ~ ~• Aq • ~~ ~ I I I 101100 I I / ~ ~~ ~ ~ ~ ~ , 9 I a z5.sl ao.5 ~ // ~~r .o~/ y+G. ~ ~ ytp~ ~,~ s 007599• w l 1 s/ Aq// y's. ~ r y'~r~ ~.od',~~`~P pi 100.00 Ip• \' '~ 's ~/ 4'~4°~ ~' `q~ ~~~ o~~~~ I ~~ ~~ .11 I V L, .o°~/ mss. ~ ~ c I ~~ 4°~ i / V1 $ ~pq ~7 ~ I I 1~ \ S 0073 f 9 W/ y6~ ~. ~ ~ ' / ~/ ,$~ I V C I N 0075'19_E_ ~, , J 9~ y ~ `~ ~ `'~i ~ ~ (~ ~ I I .w.oo 89.z7 v / ~ ~ . , ~a '$~- ~~ z a g+. 09 I ~ ~ ~ .i~ O M ~ ~ I z 8I ~ I I 4~ ' I ~ I I I$ ~ b O I n ~ 1 I n(~~ ~ + 1 + _---_- ~~ 1 u I 1•I~ 1n I 8 O 1111 ~~ I e ~ ~GD rv ~ ~ y u I I~ I r I ~ I 1 ~ I .J I I I , I I...{~I 1 cgti ~ .,,_PA?~r I I ~'~ 1 ~i h'O :0 1 i:'~ 1 I I I ~ }' I 1 1 ~. ~ I I I ''~.... _.- ~ ~ 1 I I ~ ~ 1 1 _~ ~ I ~1 i ---- ~------- I m u I u ~ CLARK RD. O rn Y m q ~~ O 0 ~ m cNi ~m~~ ~ ~~of° m ~ ~ ma o o.,~ z m ~~~ Iv 0 i. l• "~i ~~ 'a :n / •' / / / // I / I / I // I / I I I I ~; I `•~ I 13 I < I I I i I ,J I 1 1 '= I I I I r 1 uana+l-l~z I ~ I 1n v121n 2 I ~ y I ..,... ~aaau ~ I +N4N4 ~1+ I 0040W m CVIC(IiC u~10 ~1o I m~~~~ I p O-~WNN N OANO-- aWm+i., ~ V ~0+10 I ~ I U j 4(.iNN10.1N A17 /~0-17.-1~. 17. -nnn0 C Z NOb4+OaD4VO0i~4NI.4N I6 .~ N + ~ I + U N N 0 0 0 4 ONi. 4 V W O G G± m I W O N G N N p G W 4 4 N N 1. 0 0 0 ~ I #N{WnU-:~pOty (rp W.:uNNtV~ ~W GOO ;000 ~+N01 : :01000 Ism I ___ 1 NNVVNNN+++WW WWVVO A 1 G0++000000000000 60 1 p p 88000880080000800 $ u~pH+.m~~~Oma+~~N p O N N+ +~ + V b b b~ O W V U G O = 1 ~ I I 1 I I I I I I I I Z O ~O ~~ '" O ~~ O~ O ~~ ~~~ y ~s b W ~_~ y 0 ~ Z ~~ n eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/a, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 Form No. 14 Subdivision Guarantee Guarantee No.: NCS-112958-WA3 GUARANTEE Issued by First American Tit/e Insurance Company 3866 South 74th Street, Tacoma, WA 98409 Tit/e Oh icer.~ Renee Richardson Phone: (Z53) 471-1234 FAX.• (253) 671-5826 First QmPr%('r7n Title Tncuranr-? ('mm~anv Form No. 14 Subdivision Guarantee (4-10-75) ~ a»f:x~ .~'~ ~ ••~ -"^~~`~- Guarantee No.: NCS-112958-WA3 Page No.: 1 First American Tit/e Insurance Company Nations/ Commercial Services 3866 South 74th Street, Tacoma, WA 98409 (253)471-1234 - FAX (253) 671-5826 THIRD AMENDED SUBDIVISION GUARANTEE LIABILITY FEE $ 5,000.00 ORDER NO.: NCS-112958-WA3 $ 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 First American Title Insurance Company 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: September 13, 2004 at 7:30 A.M. First American Tit/e Insurance ComAan v Form No. 14 Subdivision Guarantee (4-10-75) THIRD REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Yelm Terra, LLC, a Washington Limited Liability Company Guarantee No.: NCS-112958-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 A1: Commencing 40 feet East and 668 feet North of the Southwest corner of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East, W.M. in Thurston County, Washington; Thence south 198 feet; Thence East 396 feet; Thence North 198 feet; Thence West 396 feet to the Point of Beginning. Parcel A2: An easement for ingress to and egress from said real property over that portion of the West 40 feet of said Northeast Quarter of the Northwest Quarter abutting upon said tract and over the West 30 feet extending therefrom to the North line thereof in Thurston County, Washington. Parcel B: That portion of the North Half of the Northwest Quarter of Section 30, Township 17 North, Range 2 East, W.M., in Thurston County, Washington, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter; Thence East 526 feet; Thence North 668 feet; Thence West 1262 feet, more or less, to a point 664 feet East of the West line of the Northwest Quarter; FirstAmerican Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-112958-WA3 Page IVO.: 3 Thence South 668 feet; Thence East to the Point of Beginning; Except that portion thereof lying within 105th Avenue Southeast running along the SoOuth line thereof; Also Excepting therefrom that portion thereof described as follows: Beginning 436 feet East and 470 feet North of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 30, Thence North 198 feet; Thence West 396 feet; Thence South 198 feet; Thence East 396 feet to the Point of Beginning. Parcel C: Beginning at a point 40.7 rods West of the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of the W.M., in Thurston County, Washington; Thence North 39.3 roads to irrigation ditch; Thence Northwesterly along said ditch 10.32 rods; Thence South 46.6 rods; Thence East 7.3 rods to Point of Beginning; Also a strip of land ten feet wide along the Southwest bank of the said irrigation ditch beginning at the intersection of said ditch with the South line of the Northeast Quarter of the Northwest Quarter of the above mentioned Section 30, in Thurston County, Washington; Except from all of the above that portion thereof lying within 105th Avenue Southeast running along to South line thereof. Excepting therefrom the following described property: That portion of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of W.M. in Thurston County, Washington, described as follows: Beginning at the Southeast corner of Lot 4 of Short Plat SS-1805, recorded under recording no. 8303230024; Thence South 89°24'41" East along the Easterly extension of the South line of said Lot 4 a distance of 103.22 feet more or less to the Yelm Irrigation Canal; Thence North 44°45'05" West along said canal a distance of 144.37 feet more or less to the Northeast corner of said Lot 4; Thence South 00°53'19" West along the East line thereof a distance of 101.48 feet more or less to the point of beginning. Parcel D: Part of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of the W.M., in Thurston County, Washington: Commencing at the Southeast corner of said Northeast Quarter of Northwest Quarter; Thence West 40.7 rods; Thence North 39.3 rods to Irrigation Ditch; Thence Southeasterly along said ditch to a point 1 rod North of South line of said Northeast Quarter of the Northeast Quarter; Thence East to East line of said Northeast Quarter of Northeast Quarter; Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-112958-WA3 Page No.: 4 Thence South 1 rod to beginning; Excepting a strip of land 10 feet wide along the Southwest bank of said irrigation ditch; Also Except that portion thereof lying within 105th Avenue Southeast running along the South line thereof. APN: 22730210500 APN: 22730210600 APN: 22730210700 APN: 22730210800 First American T tle Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. General Taxes for the year 2004. Tax Account No.: 22730210500 Amount Billed: $ 730.40 Amount Paid: $ 365.20 Amount Due: $ 365.20 Assessed Land Value: $ 50,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. A1) 2. General Taxes for the year 2004. Tax Account No.: 22730210600 Amount Billed: $ 2,779.09 Amount Paid: $ 1,389.54 Amount Due: $ 1,389.55 Assessed Land Value: $ 94,250.00 Assessed Improvement Value: $ 102,600.00 (Affects Parcel No. 6) 3. General Taxes for the year 2004, which have been paid. Tax Account No.: 22730210700 Amount Billed: $ 702.39 Amount Paid: $ 702.39 Amount Due: $ 0.00 Assessed Land Value: $ 48,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. C) 4. General Taxes for the year 2004. Tax Account No.: 22730210800 Amount Billed: $ 896.48 Amount Paid: $ 448.24 Amount Due: $ 448.24 Assessed Land Value: $ 62,400.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. D) Guarantee No.: NCS-112958-WA3 Page No.: 5 First American Title Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-112958-WA3 Page No.: 6 Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC Grantee/Beneficiary: GAB Trustee: First American Title Insurance Co., a Corporation Amount: $254,400.00 Recorded: 04/12/2004 Recording Information: 3631930 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664003. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC Grantee/Beneficiary: Janette B. Loutrenhiser, as to an undivided 91.726%, Beverly B. Johnson as to an undivided 5.516%, Carol A. Rembaugh as to an undivided 1.379% and William D. Marr as to an undivided 1.379% Trustee: First American Title Insurance Co., a Corporation Amount: $620,000.00 Recorded: 10/06/2003 Recording Information: 3583057 A document recorded April 12, 2004 as 3631931 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded April 12, 2004 as 3631930 of Official Records. The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664002. 7. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC Grantee/Beneficiary: GAB Trustee: First American Title Insurance Co. , a Corporation Amount: $1,975,000.00 Recorded: 04/12/2004 Recording No.: 3583058 A document recorded October 6, 2003 as 3583059 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded October 6, 2003 as 3583057 of Official Records. A document recorded April 12, 2004 as 3631929 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded April 12, 2004 as 3631930 and to deed of trust recorded October 6, 2003 as 3583057 of Official Records. First American Tit/e Insurance Company Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: NCS-112958-WA3 Page No.: 7 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664004. 8. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC Grantee/Beneficiary: GAB Trustee: First American Title Insurance Co., a Corporation Amount: $100,000.00 Recorded: 05/24/2004 Recording No.: 3643737 9. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Robert W. Greenway Marilyn L. Greenway Trustee: First American Title Insurance Co., a Corporation Amount: $100,000.00 Recorded: 05/24/2004 Recording No.: 3643738 10. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Laibility Company Grantee/Beneficiary: Robert W. Greenway Profit Sharing Plan and Trust and Jerald W. Smith and Mary Kaye Smith Trustee: First American Title Insurance Co., a Corporation Amount: $5000,000.00 Recorded: 07/70/2004 Recording No.: 3655872 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664005. 11. Easement, including terms and provisions contained therein: Recording Information: 973540 For: water lines Affects: Parcel No. A 12. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 543" recorded January 19, 1995 as 9501190148 of Official Records. (Affects Parcel No. A) 13. Easement, including terms and provisions contained therein: Recording Information: 9508030046 For: gas pipeline or pipelines Affects: Parcel No. B FirstAmerican Tit/e Insurance Comoanv Form No. 14 Guarantee No.: NCS-112958-WA3 Subdivision Guarantee (4-10-75) Page No.: 8 14. A record of survey recorded under recording no. 3552873 said survey discloses the following matters: Encroaching and/or overlapping fence along West line. (Affects Parcel No. B) 15. Any question as to the true location of the irrigation ditch. (Affects Parcel No. C and D) 16. Any question that may arise due to the shifting and/or changing in the course of the irrigation ditch. (Affects Parcel No. C and D) 17. Any question arising as to whether or not Parcel No. B and Parcel No. C are contiguous. The two legals do not tie to one another and may gap or overlap. 18. A document entitled "Mitigation Agreement", executed by and between Yelm Terra LLC and Yelm Community Shools District No. 2 recorded August 27, 2004, as Instrument No. 3669374 of Official Records. INFORMATIONAL NOTES A. 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. Fi~stAme~ican Tit/e Insurance Company eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Step Sewer System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/a, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 BILL OF SALE ~~ ~ f- THE BILL OF SALE is made and executed this -~ day of r ~ ~~-"Lf , , 20 r." ` , by and between Yelm Terra, LLC hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situation in Thurston County, State of Washington, TO WIT: All sanitary sewer lines, appurtenances, and STEP sewer system, lying within dedicated rights-of-ways and easements for the plat of Yelm Terra, City of Yelm's Plat No. SUB- 04-0157-YL. IN WITNESS WHEREOF, said corporation proper ,officers and its corporate $eal has caused this instrument to be executed by its (if~`a~~ to be a~fix~ F}i~ ~;/- ~ day of Steven L. Cha4rhberFaifl'" - Yelm Terra, LLC Managing Member STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) ~" 1 On the :~ lc '--~ day of ~'r~,~ ~'_~ :/ 20~, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN to me known to be the YELM TERRA, LLC, Managing Member and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. ~`~ttlrrll~~~ WITN d~cLofficial seal the day and year first-above written. _ NJTr-`.gym: _ '%i :~ °°i -.r`~ff ~,°. ~!BL.~r = ot~ry Publie'in and for the ~~s~y<~ ~~ ~ 'o`\~ State,of Washington, residing in ~ / -~~ ~~tllll111~~~ System accepted this day of 20 City of Yelm By: Director of Public Works Bill of Sale K:\TEXT\++Project Files++\2003 PF\03008\corres\BILL OF SALE - Sewer.doc eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 BILL OF SALE THE BILL OF SALE is made and executed this ._ ;~; `~'~ f." day of ~. / ~=/._,~ ; _ , 20 ~ /, by and between Yelm Terra, LLC hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situation in Thurston County, State of Washington, TO WIT: All water lines and related appurtenances lying within dedicated rights-of-ways and easements for the plat of Yelm Terra, City of Yelm's Plat No. SUB-04-0157-YL. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and~ts corporate seal (if any) to be affykg/~t#~~~_ day of '~' f /~c - , 20 C ~? ~ J SteTi~en-C Chan~l5erla~ `~ Yelm Terra, LLC Managing Member STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) f;-. On the --~~~~ `~~ day of t 1 ~' / ~ ~_. 20 ,~ ` ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN to me known to be the YELM TERRA, LLC, Managing Member and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said co`pDir~~ ~~,~ 1lk~SS mg~{~~rt~l and official seal the da~r and year first-above written. ~,~~~-~fi:~r- r: .~ ~ _ ;r ~ - ~~; „ .~.;~^; ~ N ary Public in and for the ,, s,.a~ ~; ` State of Washington, residing in System accepted this day of 20 City of Yelm By: Director of Public Works Bill of Sale K:\TEXT\++Project Files++12003 PF\03008\corres\BILL OF SALE - Water.doc eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, L.L.C. 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/a, Section 30, Township 17 N, Range 2 E, W.M. Assessor's Property Tax ParceUAccount Number: 22730210500,22730210600,22730210700,22730210800 WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS YELM TERRA, LLC (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 YELM TERRA, 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 specifications hereinafter set forth; and 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 and/or its assigns 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. Furthermore, the sewer improvements required to be constructed and dedicated to the public shall be unconditionally warranted for a period of 36 (thirty-six) months from the date of final plat approval. 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 Warranty Agreement Page 1 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. YELM TERRA, LLC Managing Member STATE OF WASHINGTON) ss COUNTY OF THURSTON) On this j' ~ ~~~ day of _~~',~,~~ ~- , 20 ~` ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared STEVEN L. CHAMBERLAIN, Yelm Terra, LLC Managing Member 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 ~ i `~ L~ ~= 20 ~etx'rfra 1~- i' r L y ~_ .•~~;~~ `+'~. ^~ ~ N tary Public in and for the _,.~: .~~ _- _ _ -.~c-i;<~_~;r~ m: - S~tatepf/Washington, residing in =A ~;~~,,,., ~~ ~~o`'~ My commission expires:- = ;~ ,'~~,~ ,' 'r/r~~~ J 110 0 ~ ~ ~~~`~~`~ K:\TEXT\++Project Files++\2003 PF\03008\WARRANTY AGREEMENT.doc Warranty Agreement Page 2 eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions for Yelm Terra 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, L.L.C. 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The Public Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4, Section 30, Township 17 N, Range 2 E, W.M. Assessor's Property Tax ParcellAccount Number: 22730210500,22730210600,22730210700,22730210800 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR YELM TERRA Yelm Terra, LLC, a Washington limited liability company, hereinafter "Declarant", being the owners of all of the lots of the Yelm Terra Subdivision in the City of Yelm, Thurston County, Washington, in order to provide for the sound development, the proper maintenance, the protection of the environmental and aesthetic quality and the healthful conditions of the aforesaid real property and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for themselves, their heirs, successors and assigns and agree to keep all of the Covenants, Conditions and Restrictions hereinafter set forth and which are hereby made applicable to the afore-described real property and which shall be binding upon the owners thereof to the extent provided in such Covenants and all the property shall be owned, held, used, occupied and developed in conformance with the Covenants, Conditions and Restrictions set forth herein. (See attachment A for complete legal description). ARTICLE I COVENANTS RESPECTING USE A. Land Use and Building Types. All of the lots in the Subdivision shall be used for residential purposes only. No more than one detached single-family dwelling shall be constructed on each lot. B. Architectural Control. No building or other permanent structure shall be erected or altered on any lot until the construction plans, specifications and the plans showing the location and placement of the building or structure have been approved by the Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and grade elevation. As a guideline, owner's or purchaser's plans will be reviewed generally as to the following, which shall not be all inclusive: 1. The minimum square footage of living area for single-family homes shall be 1,400 square feet excluding porches and garages and will not exceed two (2) stories in height. No outbuildings shall be allowed other than approved greenhouses and storage sheds, neither of which shall exceed 10x10 square feet in size and will require ACC approval. All houses shall have at least a two (2) car garage. 2. The exterior paint or stain on a structure or dwelling must be of a uniform color on all sides; a trim color is permitted as well as an accent color and front door color. 3. Yard landscaping on both the front and rear of the dwelling must be completed, weather permitting, before occupancy or at the time construction has been completed by the builder and the home is available for sale, whichever is first. At a minimum the rear yard must be planted in lawn grass. Where the Restrictions and Covenants herein set forth cannot be complied with because of land limitations or topographical conditions, the proper and orderly development of such lots shall conform to the conditions and terms of these Covenants as far as possible. The Architectural Control Committee is empowered to allow such variations as in its judgment shall permit the reasonable utilization of such lots consistent with the general plan and scheme of development herein. C. Site Plan Review. The approval of the Architectural Control Committee shall be required prior to the removal of any trees or substantial vegetation on the site, and shall be further subject to such ordinances and permits which may be required by City of Yelm. Declaration of Covenants, Conditions 8 R2strlCtlOns for Yelm Terra (K:\TEXII++project Files++2003 PF1030081CC-R102604.doc) Page 1 D. Building Location. Buildings and other structures located on each lot shall conform to and comply with Yelm City requirements. E. Completion of Structures. All buildings commenced on any lot shall be completed, including painting and landscaping the entire lot, not later than eight months after construction is commenced. F. Utility Services. All permanent utility services and connections thereto within the Subdivision shall be provided by underground services exclusively. Satellite dishes shall not exceed 18" in diameter and no ham radio antennae shall be permitted on the exterior of any buildings or on any lot within the Subdivision. G. Nuisances and Offensive Activities; Business and Commercial Activity. No nuisance or activity offensive to normal residential neighborhoods shall be permitted or maintained in the Subdivision. No type of business or commercial activity shall be conducted in the Subdivision that is not approved by the City of Yelm and any other applicable regulatory agency, that is visible to the public view or that creates regular customer, client or employee traffic. H. Vehicle Maintenance. No vehicle maintenance except emergency service shall be conducted within public view. I. Temporary Structures. No modular or mobile homes (except for the initial construction trailer) shall be permitted on any lot in the Subdivision. No building or structure shall be moved in and set upon any lot in the Subdivision. All residences shall be constructed on site. No structures of a temporary character, including but not limited to trailers, basement houses, tents, garages, barns, motor homes, sheds or outbuildings, shall be used on any lot at any time as a residence, either temporarily or permanently. When referring to trailers, the term trailer shall include all forms of trailers or mobile homes of any size, whether capable of supplying their own motive power or not, without regard to whether the primary purpose of such trailer is or is not the conveyance of persons or objects, and specifically including all automobiles, buses, trucks, cars, vans, trailers, mobile homes, and motor homes, even though they may at any time be immobilized in any way, and the restriction shall apply to any period of any time of whatever duration. Living shall be restricted to a house or dwelling constructed on the property in conformance with these Covenants. J. Boats, Campers, Travel Trailers and Motor Homes. Boats, campers, travel trailers and motor homes may not be stored on a lot in conjunction with a permanent residence unless properly screened. All such storage shall be in a manner approved by the Architectural Control Committee whose approval or disapproval shall be final. Any trailers or motor homes parked in conjunction with any lot or parked on the street by any person shall be parked temporarily within the Subdivision no longer than 24 hours unless approved in accordance with this paragraph. K. Garbage and Refuse Disposal. No garbage, refuse, rubbish, or cuttings shall be deposited on or left on any lot unless placed in an attractive container suitably located and screened from public view. All garbage cans, refuse containers, and trash cans or receptacles shall be kept out of sight except on the days prescribed for pick-up. No building material of any kind shall be placed or stored upon any property in the Subdivision until the owner is ready to commence construction, and then such materials shall be placed within the property lines of the building site upon which structures are to be erected or are being erected and shall not be placed in the street. No outdoor incinerators shall be permitted. L. Livestock. No animals, livestock, or poultry shall be raised, bred, or kept on any lot. Dogs, cats, and household pets in reasonable numbers may be kept thereon if they are not kept, bred, or maintained for any commercial purpose and provided that the owners thereof conform to all city and county ordinances and all state laws applicable to the keeping of pets. Declaration of Covenants, Conditions 8 ReStrICtIOnS fOf Yelm Terra (K:ITEXT~++Project Files++\2003 PF\03008\CC-R102604.doc) Page 2 M. Fences and Walls. No fences or walls shall be constructed on any lot unless approved by the Architectural Control Committee. There will be no front yard fences permitted. Walls such as retaining walls made of brick, rock, or other natural materials up to three feet in height may be permitted as part of a landscaping plan or development. All side and back yard fences shall be of pressure-treated woods, cedar, redwood, or brick materials. No steel or chain link fences are permitted. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum setback for fences as required by City of Yelm. N. Discharge of Weapons. The discharge of weapons within the Subdivision shall be prohibited. Weapons shall include all firearms, b.b. guns and pistols, air rifles, air pistols, pellet guns, slingshots, bows and arrows. O. Water and Sewage. No individual water supply system shall be permitted on any lot. All lots shall be connected to the system constructed in the Subdivision. No individual sewage disposal system shall be permitted on any lot. All lots shall be connected with the City sewage system. P. Driveway and Parking. Each lot shall have a driveway and parking area so as to accommodate a minimum of two cars in front of the garage. Driveways shall be concrete to the street. No roads for ingress or egress except for driveways to the street shall be permitted. Circular driveways as shown on the site plan may be approved by the Architectural Control Committee and may be permitted. Q. Drilling and Mining. No drilling or mining in any form whatsoever shall be permitted on any lot. This shall include but not be limited to drilling, development operations, refining, quarrying, or mining, and the construction of any form of derrick or structure designed for boring or mining purposes. R. Site Distance at Intersections. No fence, wall, hedge, object, or shrub planting which obstructs sight lines at street intersections shall be placed or permitted to remain on any corner lot except in strict conformance with applicable law and regulations. The maximum height is three (3) feet. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property tine with the edge of a driveway or alley pavement. S. Storm Water Facilities Maintenance and Pollution Source Control Plan. The Property has been subjected to an Agreement between the Declarant and the City of Yelm entitled Agreement to Maintain Storm Water Facilities, a copy of which is attached hereto. The use of the Property is restricted by this Agreement and subject to a lien to secure repayment to the County of Thurston/City of Yelm of its costs to perform maintenance and repair to the Subdivision storm water facilities, if necessary. T. Utility Easements. An easement is hereby reserved for and granted to Puget Sound Energy, TCI Cablevision, Yelm Telephone Company, the owner of any community water system and their respective successors and assigns under and upon the exterior six (6) feet of side boundary lines of all lots, in which to install, lay, construct, renew, operate and maintain pipes, conduits cables and wire with necessary facilities and other equipment for the purpose of serving the Subdivision and other property adjacent thereto with water, electric, telephone, gas service and television service together with the right to enter upon the lot at all times for the purposes stated. An easement is hereby further reserved for and granted to the City of Yelm for all drainage shown on the plat other than those located within the public ways shown on the plat and all natural drain courses for the purpose of installing, laying, constructing, renewing, operating, maintaining drainage for said Subdivision and other property adjacent thereto. U. Landscaping. All homeowners shall reasonable maintain their landscaping on their respective lot. Declaration of Covenants, Conditions 8 R6StrICtIOr1S for Y61R1 Terra (K:ITEXT1++Project Files++12003 PF\03008\CC-R102604.doc) Page 3 ARTICLE II ARCHITECTURAL CONTROL COMMITTEE AND HOMEOWNERS ASSOCIATION A. Architectural Control Committee. 1. Membership. The Architectural Control Committee initially shall be composed of three (3) members, namely, Steve Chamberlain, Dan Lee and John Backman and/or assigns. Any of the members of said Committee may designate a representative to act for that particular member. In the event of death or resignation of one (1) member of the Committee, the remaining member(s) shall have full authority to designate a successor. None of the members of the Committee nor his or her designated representative shall be entitled to any compensation for services performed pursuant to this covenant. A vacancy in the Committee shall not invalidate any of its actions or prevent the remaining member(s) from acting on any of the subjects within its purview. The initial Committee shall act until 5 years from the date of this Declaration or until Declarant has sold 100% of the lots in the Subdivision, whichever is earlier, unless the initial members of the Committee declare their control of the Committee to have ended by an instrument in writing filed for record with the Auditor of Thurston County. After the sale of 100% of the lots in the Subdivision, or after the initial members declare their control of the Committee to have ended or after the expiration of 5 years from the date of this Declaration, whichever is earliest, the Homeowners' Association referred to in Article II(C) shall appoint the members of the Architectural Control Committee. 2. Procedure. The Committee's approval or disapproval as required in these Covenants shall be in writing and shall only be effective in writing. In exercising the discretionary powers granted to the Committee, the Committee shall at all times exercise its power in a reasonable manner, and the Committee is hereby empowered to adopt such reasonable rules or regulations as it may find to be necessary with respect to the enforcement of these Covenants. In the event the Committee or its designated representative fails to approve or disapprove any plans or specifications submitted to it within 30 days after the submission thereof or, in any event, if no suit to enjoin the construction has been commenced prior to the completion of such construction, approval will not be required and compliance with the related Covenants shall be deemed to exist so long as construction is completed in accordance with the plans or materials submitted to the Architectural Control Committee in connection with the construction or proposal for construction. B. Yelm Terra Homeowners Association. Yelm Terra, LLC, as present owners of all of the lots in the Subdivision, shall form anon-profit corporation to be named "Yelm Terra Homeowners Association" and referred to hereinafter as "Association." 1. Membership Appurtenant to Ownership. Every owner of a lot in the Subdivision shall be deemed to be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot and ownership of a lot shall be the sole qualification for such membership. In the event that fee title to a lot is transferred or otherwise conveyed, the membership in the Association which is appurtenant thereto shall automatically pass to such transferee, notwithstanding any failure of the transferor to endorse to his or her transferee any certificates or other evidences of such membership, if any. The foregoing is not intended to include Mortgagees or any other persons who hold an interest in a lot merely as security for the performance of an obligation, Declaration of Covenants, Conditions & RestrlCtlOnS for Yelm Terra (K:\TEXII++Project Files++\2003 PF\030081CC-R102604.doc) Page 4 and the giving of a security interest shall not terminate or otherwise affect an owner's membership in the Association. Notwithstanding any of the foregoing to the contrary, no owner, whether one or more persons, shall have more than one membership per lot. Membership rights in the Association shall include all rights and restrictions imposed thereon as described in this Declaration or as may be promulgated by the Board of Directors. 2. Voting. Membership in the Association shall include the right to vote. The Association shall have two (2) classes of voting membership: (a) Class "A". Class "A" members shall be all owners, with the exception of Declarants, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be divisible and exercised as the owners determine, but in no event shall more than one vote be cast with respect to the lot. (b) Class "B". The Class "B" member shall be the Declarant, who shall be entitled to three (3) votes for each lot owned. The Class "B" membership shall cease and be converted to Class "A" membership upon the date (hereafter, the "Transfer Date") of the happening of any of the following events, whichever occurs earlier: (i) the expiration of five (5) years after the date of this Declaration; (ii) the date on which 100% of the lots have been transferred by the Declarant; (iii) the surrender by the Declarant of the authority to appoint directors and officers of the corporation. 3. Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to owners and mortgagees, current copies of this Declaration, and the books, records, and financial statements of the Association prepared pursuant to the Association's Bylaws. The Association may charge a reasonable fee for copying such materials. 4. Transfer Date of Declarants' Authority. Until the Transfer Date described in Article II(B)(2)(b), Declarant shall have the right to appoint or remove any member of the Board of Directors and any officer or officers of the Association. From and after the Transfer Date, the said Declarant shall cease to have such authority and the Directors and officers of the Association shall be appointed and removed as set forth in the Articles of Incorporation, Bylaws and Chapter 24.03 RCW. 5. Successor to Declarant. The Association shall succeed to all of the rights, duties and responsibilities of Declarant under this Declaration upon the earlier of the events listed at Subsection (B)(2)(b) of this Article. Declaration of Covenants, Conditions 8 Restrictions for Yelm Terra IK:~Texn++Pro}ect Files++~2oos PF~oaoos~CC-R~o2aoa.eoc~ Page 5 ARTICLE III COMMON AREAS "Common Areas" as that term is used herein shall mean and refer to any one, and collectively, all of the following parcels of land or easements contained in the final plat: Tracts A, B, C, D, E, F & G and the Storm Water Drainage Easements located adjacent to lots 15, 16, 23, 79, 80, 81, 82, 83 8~ 84 for maintenance purposes. ARTICLE IV COVENANTS RESPECTING ASSESSMENTS A. Assessments. The Declarant, for each lot owner, hereby covenants and agrees, and every owner of every lot by acceptance of the deed or other instrument of conveyance thereof including real estate contract (whether or not it shall be so expressed in such deed or other instrument of conveyance) is deemed to personally covenant and agree, jointly and severally, and hereby does so covenant and agree, to pay to the Association: (a) annual assessments; (b) special assessments; and (c) default assessments applicable to such lot; such assessments to be established and collected as hereinafter provided. No owner may waive or otherwise escape personal liability for the payment of the assessments provided for herein by non-use of the Common Area or by abandonment or leasing of such owner's lot. Each and every owner shall pay a onetime initiation fee of $250.00, plus annual dues of $250.00. B. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, convenience, and general welfare of the owners, including the improvement and maintenance of the Common Area. Proper uses of the assessments levied by the Association shall include, but are not limited to, the expenditures of funds for taxes, fees, expenses, charges, levies, premiums, expenditures, or other costs incurred by the Association for: Installation, maintenance and repair of common paths, walkways; 2. Providing services to the Common Area such as tree care, mowing grass, caring for the grounds and sprinkling and irrigation system, landscaping, shrubs, grass, walkways and pathways; street lighting; 3. Carrying out the powers and duties of the Association; 4. Purchase of insurance for the Association; 5. Any other purposes and uses that the Board shall determine to be necessary to meet the primary purposes of the Association, including the establishment and maintenance of reserves for repair, maintenance, taxes, and the other uses specified above. C. Assessment Years. The first assessment year for the levying of the Association's monthly assessments shall commence upon the date of the recording with the Thurston County Auditor of the Declarant's first conveyance of the Common Area to the Association and continue thereafter until the following 31st of December. Subsequent assessment years shall thereafter commence on the first day of January and continue until the following 31st of December. D. Calculation of Annual Assessments. The Board of Directors shall prepare a budget by November 1st of each year (except the first assessment year in which the first annual assessment shall be determined at the organizational meeting of the Association) estimating its net cash flow requirements for the Declaration of Covenants, Conditions 8 RBStfICtIOnS tOf Yelm Terra (K:ITEXT~++Projec~ Files++2003 PF\03008\CC-R102604.doc) Page 6 next year and an estimate of the assessments to be charged each owner, and the Board shall distribute the proposed budget to the owners. On or before December 1st of each year, the Board, at a Board Meeting held for that purpose and open to all members, shall approve the budget in final form, and shall determine, levy and assess the Association's annual assessments for the approaching year. Each budget shall include funds for establishing and maintaining reserves for periodic repairs, replacement, and maintenance of any improvements, which must be replaced on a periodic basis, and for taxes, capital improvements, deficiencies from the prior year's Maintenance Fund, and other purposes, and shall include any expected income and surpluses from the prior year's Maintenance Fund. E. Special Assessments. Generally, in addition to the annual assessments authorized above, the Board may, at any time and from time to time, determine and levy in any assessment year a special assessment applicable to that particular assessment year for the purposes of defraying, in whole or in part, the costs, fees, and expenses of any construction, reconstruction, repair, demolition, replacement, or maintenance of the Common Area. F. Default Assessments. All monetary fines assessed against an Owner pursuant hereto, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant hereto shall be a default assessment. Notice of the amount and due date of such default assessment shall be sent to the Owner subject to such assessment at least thirty (30) days prior to the due date. G. Due Dates for Assessment Payments. Annual and special assessments may be paid in annual, quarterly or monthly installments. Unless otherwise determined by the Board, the annual assessments and any special assessments which are to be paid in annual installments, shall be due and payable to the Association, in advance, on or before December 31 of each year. If any such assessment shall not be paid within fifteen (15) days after it shall have become due and payable, then the Board may assess a "late charge" thereon in an amount not exceeding five percent (5%) of the unpaid assessment to cover the extra expenses involved in handling delinquent assessment payments and to encourage timely receipt of payments. Further, all such delinquent assessments shall bear interest as hereafter provided. H. Lien. All lots in the Subdivision shall be subject to the charges and assessments provided for the purposes set forth above and in the Articles of Incorporation and By-Laws of the Association. The Association shall have a lien against all lots in the Subdivision for said charges and assessments, including interest at twelve percent (12%) per annum on all such charges and assessments that are not paid when due. If said charges and assessments levied by the Association shall not be paid within one (1) month after they become due and payable, then the Association may take any or all of the following actions: Suspend the voting rights of the owner during any period of delinquency. 2. Bring an action at law against any owner personally obligated to pay for the delinquent assessments. 3. Proceed to foreclose its lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Washington. Whether or not a personal or a foreclosure action is commenced, the Association shall be entitled to recover all costs of collection of assessments from any delinquent Lot owner, including, but not limited to, the cost of title search and court costs, together with reasonable attorney's fees. Any first mortgage liens placed upon any of said lots which are recorded in accordance with the Laws of the State of Washington shall be, from the date of the recording of such mortgage, superior to such assessments and the liens provided for herein that are levied by the Association subsequent to the date that said first mortgage is recorded. Declaration of Covenants, Conditions 8 R@StflCtlonS for Yelm Terra (K:\TEXII++Project Files++\2o03 PF1030o8\CC-R102604.doc) Page 7 ARTICLE V MODIFICATION OF COVENANTS These Covenants may be modified by an instrument in writing signed by the owners holding at least 75% of the total votes in the Association entitled to be cast, which instrument shall be recorded to be effective; provided, however, that: (a) any amendment which materially and adversely affects the security, title and interest of any Mortgagee must be approved by such Mortgagee; and (b) during any period in which Declarant owns an interest in any property in the Subdivision, such amendment must be approved by Declarant. ARTICLE VI TERM AND CONSTRUCTION These Covenants, Conditions and Restrictions shall run with the land and shall be binding upon all parties and persons owning lots or an interest therein as stated above and all persons and parties claiming under these Covenants, Conditions and Restrictions for a period of 20 years from the date these Covenants are recorded, after which these Covenants shall be automatically extended for successive periods of 10 years each in perpetuity unless an instrument signed by the owners of 75% or more of the lots has been recorded altering such Covenants in whole or in part. ARTICLE VII ENFORCEMENT Enforcement of these Covenants, Conditions and Restrictions may be by proceeding at law or in equity against any person or persons violating or attempting to violate such Covenants, Conditions and Restrictions, and such actions may be to restrain the violation or to recover damages for each violation. In any such action, the prevailing party shall be entitled to recover any court costs and reasonable attorney's fees. ARTICLE VIII SEVERABILITY Invalidation of any one or more of these Covenants by judgment or court order shall in no way affect or alter any of the other provisions which remain in full force and effect. IN WITNESS WHEREOF the parties hereto have signed this Declaration of covenants, Conditions and Restrictions for Yelm Terra this ?~- _ day of ~"~p~ ~~ , 2004. Declaration of Covenants, Conditions & RestflCtlOr1S for Yelm Terra (K:1TEX11++Project Files++12003 PF\03008\CC-R102604.doc) Page 8 STATE OF WASHINGTON ) ss. County of Thurston ) ~ „ . .~ On this ,~~ day of ~~' ; ~~ / 2004, before me personally appeared STEVEN L. CHAMBERLAIN, to me known to be the Managing Member of YELM TERRA, LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. i Datedce°~ , 2004 ::_ '~: ° ~s~on~ t:. . ~. -- ~ ' ~ {Bl_1G ~~~' ~~i~iiii~~~ °\ f ~' /77" (P1ease print name legibly) NOTARY PUBLIC_ in and for the State of Washington, Residing at ~_ My appointment expires ~ =% f'' Declaration of Covenants, Conditions & R6strlCtlonS for YQIRI Terra (K:\TEXT++Project Files++\2003 PF\03008\CC-R102604.doc) Page 9 eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Stormwater Maintenance Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Yelm Terra, LLC 2. Chamberlain, Steve Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/a, Section 30, Township 17N, Range 2 E, W.M Assessors Property Tax ParceVAccount Number: 22730210500,22730210600,22730210700,22730210800 AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN YELM TERRA, LLC HOMEOWNER'S ASSOCIATION ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") The upkeep and maintenance of stormwater facilities is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of on site stormwater facilities. LEGAL DESCRIPTION: Plat of Yelm Terra, Thurston County, Yelm, WA Whereas, OWNER has constructed improvements, including but not limited to, homes, 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.. THE JURISDICTION SHALL: (1) Provide technical assistance to OWNER in support of its operation and maintenance activities conducted pursuant to its maintenance program. Said assistance shall be provided upon request, and as City time and resources permit, at no charge to OWNER. (2) Conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (3) 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 facility existing on the OWNER property, the JURISDICTION shall give the owner of the property within which the drainage facility is located, and the person or agent in control of said property, notice of the specific maintenance and/or repair AGREEMENT TO MAINTAIN STORMWATER FACILITIES Page 1 K:\TEXT\++Project Files++12003 PF\03008\Agreement to Maintain stormwater Facilities.doc required. The JURISDICTION shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the JURISDICTION, written notice will be sent to the persons who were given notice stating the JURISDICTION's intention to perform such maintenance and bill the owner for all incurred expenses. The JURISDICTION may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the OWNER bill if required maintenance is not performed. (2) If at any time the JURISDICTION determines that the existing system creates any imminent threat to public health or welfare, the JURISDICTION may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. All other OWNER responsibilities remain in effect. (3) The 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 (1) and/or (2). (4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. 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 from OWNER or their successors any right, title, or interest in the property or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest th the bene it of all citizens of the JURISDICTION. ~ ~ i w AGREEMENT TO MAINTAIN STORMWATER FACILITIES Page 2 K:\TEXT\++Project Files++\2003 PF\03008\Agreement to Maintain stormwater Facilities.doc STATE OF WASHINGTON ~ ss. COUNTY OF THURSTON ) ., ' ~ {~~' O th '--m - f i< !! ~, -!' ~~ / n ~, j . e ay o Z~ -`-; 200 personally appeared before me, known to be the individtaal(s) described , and who executed the foregoing instrument and acknowledge that he/she signed the sam e as his/her free and voluntary act and deed for the uses and purposes therein mentioned . , Give`r~3~D4t~ ~my ha (~ ~ nd and offi~ial seal this _~_ziay of~ -r', ,..-/ , 200 .L \ ~ ~ C ~~~ ~~{~~~i ~ ~ 1 r ~A• ~ . /~, may. ?~'-!~ -~ I/I~~~'_~ f' ~ L` ~:~~r~:rz~-N; _ - ` - -~ ~ Ngfary Pubtic~in and for the i ~,~, Rt-~~ : ~ ; , Sate of Washington, residing at .~:~~r'~ . ~.;~~~'~'.`~~ » ~:~='~~`~`~ ~ My commission expires ~'~- =' - J' p ,. e i/r. ~ VV/~` ~~' ~ ~`~. ~~ ~ ~~ll~lll~~ City of Yelm STATE OF WASHINGTON COUNTY OF THURSTON ss. On the day of , 200_, personally appeared before me, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. Given under my hand and official seal this day of , 200_. Notary Public in and for the State of Washington, residing at My commission expires AGREEMENT TO MAINTAIN STORMWATER FACILITIES Page 3 K:\TEXT\++Project Files++\2003 PF\03008Wgreement to Maintain Stormwater Facilities.doc ATTACHMENT "A": MAINTENANCE PROGRAM COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: ATTACHMENT "A" Maintenance Checklist for Conveyance Systems (Pipes and Swales) Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should Exist Feature M.S. Pipes v Sediment & Accumulated sediment that exceeds Pipe cleaned of all sediment and debris 20% of the diameter of the pipe. debris. M v Vegetation Vegetation that reduces free All vegetation removed so water movement of water through pipes. Flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or replaced. (rusted, bent or is causing more than 50% crushed) deterioration to any part of pipe. M v Any dent that significantly impedes Pipe repaired or replaced. flow (i.e., decreases the cross section area of pipe by more then 20%). M ~ Pipe has major cracks or tears Pipe repaired or replaced. allowing groundwater leakage. M.S. Swales Trash 8 debris Dumping of yard wastes such as Remove trash and debris and grass clippings and branches into dispose as prescribed by Swale. Unsightly accumulation of County Waste Management nondegradable materials such as Section. glass, plastic, metal, foam and coated paper. M Sediment Accumulated sediment that exceeds Swale cleaned of all sediment buildup 20°~° of the design depth. and debris so that it matches design. M Vegetation not Grass cover is sparse and weedy or Aerate soils and reseed and growing or areas are overgrown with woody mulch bare areas. Maintain overgrown vegetation. grass height at a minimum of 6" ror best stormwater treatment. Remove woody growth, recontour and reseed as necessary. M,S Erosion damage See ponds checklist See ponds checklist to slopes M Conversion by Swale has been filled in or blocked If possible, speak with homeowner to by shed, woodpile, shrubbery, etc. homeowner and request that incompatible Swale area be restored. Contact use City to report problem if not rectified voluntarily. A Swale does not Water stands in Swale or flow A survey may be needed to drain velocity is very slow. Stagnation check grades. Grades need to occurs. be in 1 % range if possible. If grade is less than 1%, underdrains may need to be installed. ~~~ ~~u~~c .. ncu~o a ywuicm e.auis. please cornacr me ~unsmcnon ana asK ror tecnmcal assurance. Comnxms: ICey: A -Annual (March or April preferred) M =Monthly (see schedule) S = Alier major stoma ATTACHMENT "A" Maintenance Checklist for Catch Basins and Inlets Feature Drainage System Rey'd Problem Conditions to Check For Conditions That Should Exist Feature M.S. General v Trash• debris and Trash or debris in tront of the catch No trash or debris located sediment in or on basin opening is blocking capacity by inunediately in front of catch basin basin more than 10°, 0. opening. Grate is kept clean and allows water to enter M ~ . Sediment or debris (in the basin) that No sediment or debris in the catch exceeds L 3 the depth from the bottom basin Catch basin is dug out and of basin to invert of the lowest pipe clean into or out of the basin. M.S. v Trash or debris in any inlet or pipe Inlet and outlet pipes free of trash blocking more than 1 3 of it's height. or debris. M v Stntctural damage [o Comer of frame extends more than Frame is even with curb. frame andbr top slab 3~4" past curb face into the street (if a licablej. M v Top slab has hales larger than 2 inches Top slab is free of holes and cracks. or cracks wider than 1 4" (intent is to make sure all material is Hooting into the basin). '~ v' Frame not sitting flush on top slab, i.e.. Fmrne is sitting Hush on top slab. separation of more than 3 4" of [he frame from the to slab. A v Cracks in basin Cracks wider than 12" and longer than Basin replaced or repaired to desi6m walls. bottom 3', any evidence of soil particles standards. Contact a professional entering catch basin through cracks or en f~neer for evaluation. maintenance personjudges that SWCIUrc IS unsound. ``~ v Cracks wider than 1 2" and longer than No cracks more than 14" wide at 1' at the joint of any inletoutlet pipe or the joint of inktoudet pipe. any evidence of soil particles entering catch basin throueh cracks. A v Settlement mis- Basin has settled more than I" or has Basin replaced or repaired to desi6m alignment rotated more than 2" out of ali~mrnent. standards. Contact a professional en~~neer for evaluation M.S. v Fi h d h rc azar or ot er Presence of chemicals such as natural No color, odor or sludge. Basin is pollution gas. oil and gasoline. Obnoxious color. dug out and clean odor or sludge noted. M.S. ~ Outlet pipe is clogged Vegetation or roots meowing in No vegetation or root f3owth with vegetation inlet outlet pipe joints that is more than present. tv. .. ~....1.. 6" tall and less than 6" a art. - - - --- ---- ~~ ~~_•••-• •- r,•.,.,•.•••..•..o.o. N•..uo. ~v~•u~~ urt ~w~aU~~UVU olio JDR IUI IClIIIllCaI 35515[ance. Cnmrrtems: Key: A =Annual (March or April prc}erred) M = !vlonthly (see schedule) S = Afier major stomts ATTACHMENT "A" Maintenance Checklist for Grounds (Landscaping) Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should Exist Feature M General J Weeds Weeds growing in more than 20% of Weeds present in less than 5% of the (nonpoisonous) the landscaped area (trees and shrubs landscaped area. onlv). M J Safety hazard Any presence of poison iw or other No poisonous vegetation or iruect poisonous vegetation or insect nests. nests present in landscaped area. M.S. v Trash & debris Dumping of yard wastes such as Remove trash and debris and dispose buildup in open space amass clippin6rs and branches. as prescribed by City Waste Unsightly accumulation of non• Management Section. del~adable materials such as glass, plastic. metal, foam and coated a er. M v Missing or broken Any defect in the fence or screen Fence is mended or shrubs replaced pansdead shrubbery that permits easy entry to a facility. to form a solid bartier to entry. M.S. v Erosion Erosion has resulted in an opening Replace soil under fence so that no under a fence that allows entry by opening exceeds 4" in height. people or pets. Cat>_ses of erosion identified and steps taken to slow down ancLor spread out the water. Eroded areas are filled, contoured. and seeded M J U l i Sh . ruu y vegetat on rubbery is growing out of control Shrubbery is trinured and weeded to or is infested with weeds. provide appealing aesthetics. Do not rue chemicals to control weeds. A Trees and shrubs v Dama Li b ge m s or pans of trees or shrubs that Trim treesshmbs to restore shape. are split or broken which affect more Replace trees shrubs with severe than 25;0 of the total foliage of the damage. tree or shrub. M v Trees or shrubs that have been Replant tree. irupecting for injury to blown down or knocked over. stem or roou. Replace if severely damaeed. ''` w Trees or shrubs which are not Place stakes and rubber-coated ties adequately supported or are leaning around young treesshrubs for over, causine ex osure of the roots. su ort. -- --- --- ----- -~ ••_-••-• - r•~•-•-~•• -~-•~•~. N~..~o.. ~~~~.a~~ um ~un]wuWU Al1U A]K Wr ICCnNCaI 3551$[aOCe. Comments: Key: A =Annual (March or April prcferted) M =Monthly (see schedule) S =After major stoma ATTACHMENT "A" Maintenance Checklist for Ponds Frequency Drainabre Req'd Problem Conditions to Check For Conditions That Should Exist System Feature M.S General ~ Trash & debris Clmnping of yard wastes such as Mass Removed trash and debris and dispose buildup in pond. clippiny~s and branches into basin. as prescribed by City Waste Unsightly accumulation of Management Section rwndegsadable materials such as glass, lactic, trtetal. foam and coated a er M,S v Trash rack plugged .. Bar screen over outlet trare than ZS°/ Replace screen Remove trash and or trussing covered by debris or missing, debris and dispose as prescribed by t`'1 Cis Waste Mana¢ement Section v Poisonotrs Am poisonous vegetation which may Renave poisonous vegetation. Do not vegetation constitute a hazard to the public. ;pray chemicals on vegetation without Examples of poisorous vegetation obtaining guidance from the include: tansy ragwort. poison oak, Cooperative Extension Service and M S stin~~n¢ nettles, and devilsclub. a rocal from the City. . v Fire hazard or Presence of chemicals such as natural Find sources of pollution and eliminate pollution gas, oil and gasoline, obnoxious color, them Water is free from noticeable M odor or sludge noted. color, odor or contamination v Vegetation not For gassy ponds. }pass cover is sparse For gRassy ponds, selectively thatch, meowing or is and weedy or is overgrown. For wetland aerate, and reseed ponds. Grass cutting overg?own ponds, plants are sparse or invasive urtnecessary unless dictated by species are present, aesthetics. For wetand ponds, ftandplan nurserv-mown wetland plants in bare areas. Contact the Cooperative Extension Service for direction on invasive species such as purple loosestate and reed canary grass. Pond bottoms should have uniform detue M v Rodent holes Any evidence of rodent holes if facility is coverage of desired last s Gies. Rodents destroyed and dam or bens acting as a dam or berm or any evidence repaired. Contact the Thurston County of water piping through dam or berm via Health Department for guidance. rodent holes. M v Insects When insects such as wasps and homers lnsrcts destroyed or removed from site. interfere with maintenance activities, or Contact Cooperative Extension Service when tnos uitoes become a nuisance. for>_vidance A v Tree yttowth Trer ~owth does not allow maintenance . Trees do not hinder mainenance access or interferes with maintenance activities. Selectively cultivate trees activity (i.e., slope mowing, silt removal. ;uch as alders for firewood. or equipment movements). If trees are not interfering with access. leave trees alon¢. M Side slopes of v Erosion on bzrtru or Check around inlets and outlets for signs Find causes of erosion and zlirrunate pond at entrance exit. of erosion. Check bents for si4ms of thzm Then slopes should be stabilized sliding or settling. .fiction is needed by using appropriate erosion control where eroded damage over 2 inches deep measure(s); e.g., mck reinforcement, and where them is potential for continued planting of grass. compaction. erosion. M Storage area r Sediment buildup in Accumulated sediment that exceeds 10°-b Srditmm cleaned out to desisted pond pond of the designed pond depth. Buried or shape and depth: pond reseeded if partialh buried outlet structttre probably rxcessary to control erosion indicates sitmificant sedirnrnt de osits. A Pond dikes v Settlements Any part of dike, which has settled 4 Dikr should be build back to the desitm inches. lower than the design elevation. elevation. A Emergency v Rock trussing Only one layer of rock exists above Replace rocks to desi~m standards overflow; native soil in area 5 square feet or larger . 5 illwav or am ex osure of native soil. One Time Emergency ~ Overflow sussing Side of pond has no area with large rocks Contact City for widance. overtlow~ to handle emergency overflows. spillway If you are uruure whether a problem exists. please contact the Jurisdiction and ask for technical assistance. Corrunents: (;ey: A =Annual (March or April preferred) M =Monthly (see schedule) S = .After major storms ATTACHMENT "A" Maintenance Checklist for Infiltration Systems Frequency Drainage System Req'd Problem Conditions to Check For Conditions That Should Feature Exist A Storage area ~' Sediment buildup A soil texture test indicates facility is Sediment is removed and or in system rat working as its desi6med capabilities facility is cleaned so that or was incorrectly desi6med. i~ltration system works according to desi~ A sediment trapping area is installed to reduce sedirrent transport into infiltration area. A V Storage area drains A soil texture test indicates facility is Additional volume is added slowly (more than not working at it's desibmed capabilities through excavation to 48 hours) or or was incorrectly desisted. provide needed storage. overflows Soil is aereted and rototilled to irrtprove drainage. Contact the City for information on it's requirements regarding excavation M V Sediment trapping Any sediment and debris tilling area to Clean out sum [o desi~m area 10°io of depth from sump bottom to depth bottom of outlet pipe or obstructing Flow into the connector i e. One Time v Sediment trapping S[otmwa[er enters infiltration area Add a trapping area by area not present directly without treatment. constructing a sum for settling of solids. Se~e~+a[e settling area from rest of facility. Contact City for guidance. -- +-- --- ---_ -••-•~~-• ~ r~~~^~~~ ~•~~w• N~..ae., w~mu u~c JW mwu~VU JuU dJR IUr lelOml'al a$$IStanl'C. COfMrenlS: keY: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms 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: City of Yelm, SUB-03-8353-YL Grantor: 1. Yelm Terra LLC 4200 6`" Ave STE 301 Lacey, WA. 98503 Grantee: 1. Yelm Community Schools District No. 2 Legal Description: Sec 30, T17N, R2E Assessor's Property Tax Parcel Number/Account Number: 22730210500, 22730210600, 22730210700,22730210800 THIS MITIGATION AGREEMENT ("Agreement") is made this Z~R? of 111Ec1 S % ~ , 2004, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Yelm Terra LLC (the "Developer"). RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 97 lot subdivision near 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. 3669374 IIIII IIII 08g 7.l20~4 ~2425F II III IIII IIIII IIII IIIIIII (IIIIIII IIIII IIIIIII . W YELM COMMUNITY SCHOOLS AGR $22.00 Thurston Co 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: One Thousand Seven Hundred Eleven and no/100 Dollars ($1,711.00) for each lot in the subdivision or the total sum of One Hundred Sixty Five Thousand Nine Hundred Sixty Seven and no/100 Dollars ($165,967.00) (the Mitigation Payment) for the 97 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 One Thousand Seven Hundred Eleven and no/100 Dollars ($1,711.00) per dwelling unit or One Hundred Sixty Five Thousand Nine Hundred Sixty Seven and no/100 Dollars ($165,967.00) 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, 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. 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. iiiiuiiiiiiiiiiiiuinuiiii~iiiii~iuiiiuiiNiiii s°ss~r:o.~,, IIIIR VIII kllll III I~I~I III IIAIRI III IIAI IIII IIII 3669374 Page: 3 of 4 08/27!2004 02:25P Thurston Co. Wa 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 General Location 105'" Ave SE between Mill Road and Clark Road, Yelm, WA Section 30 Township 17N Range 2E Land Area 24.25 acres Tax Parcel Number: 22730210500, 22730210600, 22730210700, 22730210800 .. .. .. ... ..~ nn _ ___ _L 1`____71" L._71 ~:~~ t...a.. YELM COMMUNITY SCHOOLS DISTRICT NO. 2 DATED: ~ -- ~ ~- O STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) 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 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. GIVEN under my hand and official seal this ~~ay of ~~~ , 2004 ~R. STE/~S/~~'~~ ~~:~'`r OZARY 9~cn':~ ~~ ' O :o ~ _ J:U ~' ~, ~• ~ ~ ~- = ~ •~~~ ~„N ~~ •'~ •• ~p''f; ARY ~t S 3 ..•• _ ~~ • Z ~$~~~• 1 ~~ GB'L~C in and for the State of residing at lion Expires: ~0-1 ~J "Qg DATED: ~/ v ~~ 2 /~ ~ D~' STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) ~~ U . By: John Backman Its /y~~y~1~- I certify that I know or have satisfactory evidence that Doug Bloom 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 instrumen2004 GIVEN under my hand and official seal this ~,j~~Yday of ~ , ~`~ G~ p= C~4' ~' ARY P LIC in and for the State of `,~ PC~. ~gSION Ef'' L~ Z o~~ ~ ~~ ~ Washington, residing at ~~~~~~~ { :U NOTARY N:., _ My Commission Expires: ~ ,.?/-<J/ PUB~1C ''~•, :~: :~ y~ c~ ~ ~ ~o\~ ,r~~/r,~, fW IS± ~ \\~~ IIII 3669374 IIII Page: 4 of 4 IIII 111111 IIIIIIII IIII ililll III III IIII IIII (IIII ©B/2 YELM COMMUNITY SCHOOLS qGR x/2004 02.25P $22.00 Thurston Co. Wy City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360} 458-3144 FAX Memorandum To: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: November 1, 2004 Re: Resolution # 449 -LID Segregation Exhibits: • Application for Segregation of LID Assessment • Resolution No. 449 • Exhibit A - Current Parcel Configuration Map • Exhibit B - New Parcel Configuration Map • Exhibit C - Segregation of Assessment • Exhibit D - RCW § 35.44.410 SUBJECT Resolution No. 449 authorizing the segregation of the local improvement district assessment and re-allocation of Equivalent Residential Units for Thurston County tax parcel number 21713340600. This property is located within the boundary of Utility Local Improvement District No. 1. FISCAL IMPACT The number of Equivalent Residential Units can-ently assigned to this parcel is 15, and all previously billed local improvement district installments have been paid. The estimated value of the property involved is sufficient in the unlikely event that foreclosure should become necessary to collect any future delinquent principal and interest payments. The applicant Steve Chamberlain, Yelm Terra, LLC has submitted the required application and fee for processing the segregation request to transfer 10 Equivalent Residential Units to the Yelm Terra Subdivision. LEGAL CONSIDERATION Section 35.44.410 of the Revised Code of Washington requires that requests for segregation be approved by City Council action. This action will segregate and proportionally distribute the existing assessment for Utility Local Improvement District No. 1 upon real property as recorded by the Thurston County Assessor's Office. BACKGROUND On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington stipulates that "segregation shall be made as nearly as possible on the same basis as the original assessment." Each parcel shall be allotted one Equivalent Residential Unit and the assessment is therefore divided equally between each of the newly configured parcels benefiting from the improvements. EFFECTIVE DATE This resolution will become effective immediately upon adoption by the City Council. RECOMMENDATION Staff recommends adoption of Resolution No. 449 authorizing the requested segregation of the original assessment in Utility Local Improvement District No. 1. 16/68/2664 69:53 .366-493-?476 SCA CONSULTING,GROUP~~ PAGE1 62 ,,.... ..,.~, P - CITY OF YELM APPLICATIOiV TO SEGREGATE LZ~ ASSESSMEN"1' RETURN THIS FORM TO: Applic2nr Yrlm Terra LLC Mailing Address 4200 6 AvE. SE Cfry, 5[., Zip: Lace WA 9RSp3 Telephone: (360 493-6002 Telcphooe; 360 943-5562 ~ ~ L VY1 ~ I ~~242- Newparcel Description Number (Ta,~ Fer~cl No, or Lot t~) of ERU's Lnt 26 1 E1LU Lot 27 l E U I..ot 28 l ERU Lot 29 1 ~ Lot 30 - 1 FEU t-0t _ 1 ERU t 73 L ERU Lot 71 1 ERU Lot 75 1 ERU' Lot 79 i ElZU ~/~1 ~rn I ~i2~L%t ch the requested information on a separate sheet) 1 _ The undersigned holds an ovmership interest in the above referenced parcels(s) located within a local improvement district in the City of Yclln, Thurstnn County, Washington. 2. 77te City of Ye1m is hereby requested to segregate the assessment amount(s) listed above in accordance with the new property configuration. 3- This application For segregation of ass~ment is mad rovisions of § 35.44,410 of the Revesed Code ojWashif7gton. Yelm Terra LLC G~ ~ o - Applicant (please print) S' u Date John Huddleston ~~ {(~ y ~ ^~Z.-, Owner (please print) tune Datc Christy Huddleston Owner (plcesc print) Signature Date n segregation foe is due per ,~ 3.44.410 of the Reviser! Code of Woshengron as a condition of 5na1 map approval. The fee for IcSS than 6 new parcels i5 5850_ For segregation requests resulting in 6 or more new parcels, the fee is S 1,000 plas 525 for each parcel over ] 0 parcels. Please inelu.lr. payment wicFs thir. oornplctcd form. Questions may be directed to Public Finance st (425) 385-1604. .__,.i .+..,~ .~. .. ca..y ...viu.nunrry LJGVClOpit)Clit 1JCpQItlIlellt 105'Yelm Ave. W, P.O. Box 479, Yelnn, WA 98597 Property c~wr[er: John Huddleston Mailing Addres,: 2524 Cedar Park~_` City, St., Zip: OI m is WA 98501 Exhibit A John &Christa Huddleston/Yelm Terra LLC LID Segregation 21713340600 John &Christa Huddleston V J J c~ L '"' ~ _ M _ W Q ~ y .~ ~ Q~ L .~ W ~~ _~_ ~ J .~ L /~ V r- . a~---- - -_, ~_ z i ~ j ~ ~ f s , i ~, o _ _ _ ~ ~_ m_.m m., ..e . _ .~... . , ~a _. °~ , ~ ~.w , _ _~ e_. t ~ ; ~ ,~ ,- ~ ®~ , a .a,~ ,.. e f { ~_ € 3 { i i w - a f y ~ E _~ _ ~...... E V .. P ~. _ s ~~~ m J ~ ~ m W~ ~ ~ I~ ~ ~ O N N *k N N ~k ~ ~ ~ Z *k *k ~# *k ~t ~ *k O ~ ~ ~ ~ ~ Q ~ ~ ~ ~ W r= a,...._.v..,... __...,._.. .. ....,,.......~,,..„__m. O N O~ m a ~~ A~ W 'N AV/ W a O O ^ ~V ^~ W W V .~ ^~ ~~ z~ oz `/ U ~~ ~~ ~ ~"~ 3.~ ~~--i O 1~ C~ U Oa ~~ V~ c O a a 2 .` L U c r 0 v M N W 6F} Lf> r N M ti N T ~ ~ ~ ~ Z g N W N z ~ `° ~ ~ ~ M ~_ ~ N W N Q H N Q J W Q Z ~' 0 ' V O ~ ~ O Z W O Q O c 0 .. N 2 ce U U U U U U U U U U N J J J J J J J J J J •~ J J J J J J J J J J ~ N f`6 t`6 N N N fLU fL6 N N U ,tf ~ 1~ Fes- H H H H H H F~ ~ E E E E E E E E E E L v~~ v v v~ v~~ rn r r r r r r r r r r ~ N N N N N N N N N N O ~- r r r r r r r r r (Q Efl r r r r r r r r r r In ~ to lf') LI") Lf) t.f) ~ lf') lf') In In r r r r r r r r r r h M M M M M M M M M M ~ N N N N N N N N N N r ~ O O M M O ~ O O O r r r r r ~- r r r r r ~ b9 N N N N M~ 1~ ~~~ J J J J J J J J J J 00 m co ca cd ~ ca co ca ca ca o t ~ ~ ~ ~ t ~ ~ t ~ ~ H ~ I- ~ H H I- f- I- H M E E E E E E E E E E a~ a~ a~ a~ m m a~ a~ a~ m ~ } ~- ~- } } ~- } } } } ~y N N N N M 'd' I~ ~~~~ ~ ~ ~ ~ ~ ~ ~ ~ tc) ~ ~ O O O O O O O O O O O r r r r r r r r r r r O O O O O O O O O O O w v M N M ER r l1•) N ti M N 64 N U a m a~ Q r CITY OF YELM RESOLUTION N0.449 A RESOLUTION OF THE CITY OF YELM, WASHINGTON TO SEGREGATE AN ORIGINAL ASSESSMENT UNDER UTILITY LOCAL IMPROVEMENT DISTRICT NO. 1, PURSUANT TO SECTION 35.44.410 OF THE REVISED CODE OF WASHINGTON WHEREAS the City of Yelm has been requested to segregate an original assessment for Utility Local Improvement District No. 1 in accordance with Section 35.44.410 of the Revised Code of Washington on property identified as tax parcel number 21713340600 in the records of the Thurston County Assessor; and WHEREAS the current parcel is shown on the map attached hereto as Exhibit A and the new parcels assessed is shown on the map attached as Exhibit B; and WHEREAS all previously billed assessment installments have been satisfied and the affected account is paid current; and WHEREAS this segregation will not jeopardize the security of the lien for the assessment or reduce the security for any outstanding local improvement district obligations payable from such assessment; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF YELM, WASHINGTON DOES RESOLVE AS FOLLOWS: Section 1. Segregation shall be made on the original assessment roll of Local Improvement District No. 1 which was confirmed and adopted by Ordinance No. 674 on September 29, 1999. Section 2. Segregation shall affect assessment account number 01-045 of Utility Local Improvement District No. 1 as described in the adopting ordinance and identified as Thurston County Assessor tax parcel number 21713340600. Section 3. Segregation shall result in 11 new assessments representing the value of 15 Equivalent Residential Units as shown on Exhibit B. The sum of the new assessments shall total $27,347.25 which is equal to the original assessment amount before segregation.". ADOPTED by the Council of the City of Yelm, Washington at its regular meeting on the 10`t' Day of November, 2004. CITY ~~F ~M~WASHINGTON __-- --~ Rivas, Mayor AUTHENTICATED: / ~ ~ ~JL A Bennick, City Clerk PASSED and APPROVED ~~~~~~)~! l~ AIL / G , 2004 EXHIBIT D RCW 34.44.410 RCW 35.44.410 Segregation of assessments. Whenever any land against which there has been levied any special assessment by any city or town shall have been sold in part or subdivided, the legislative authority of that city or town shall have the power to order a segregation of the assessment. Any person desiring to have such a special assessment against a tract of land segregated to apply to smaller parts thereof shall apply to the city or town which levied the assessment. If the legislative authority thereof determines that a segregation should be made, it shall by resolution order the city or town treasurer to make segregation on the original assessment roll as directed in the resolution. The segregation shall be made as nearly as possible on the same basis as the original assessment was levied, and the total of the segregated parts of the assessment shall equal the assessment before segregation. The resolution shall describe the original tract, the amount and date of the original assessment, and shall define the boundaries of the divided parts and the amount of the assessment chargeable to each part. A certified copy of the resolution shall be delivered to the city or town treasurer who shall proceed to make the segregation ordered upon being tendered a fee often dollars for each tract of land for which a segregation is to be made. In addition to such charge the legislative authority of the city or town may require as a condition to the order of segregation that the person seeking it pay the city or town the reasonable engineering and clerical costs incident to making the segregation. No segregation need be made if the legislative authority of the city or town shall find that by such segregation the security of the lien for such assessment will be so jeopardized as to reduce the security for any outstanding local improvement district obligations payable from such assessment. [1969 ex.s. c 258 § 10 pp,1D -~ c ~~\~ ~; ,. r (lp ~~'~ _ .' 2n ` ~ °~oF THe~~~ it of Yelm ~ ~~~'" Invoice No. CDD-04-109 ;~ c y '~( ~ Community Develop~~t Department INVOICE - ~ Customer Name Yelm Terra LLC, Attn: Steve Chamberlain Address 4200 6th Avenue SE, Suite 301 - -- - - - - City Lacey State WA _ ZIP 98503 Phone Date 1.1_/_4/2.004_ Order No. _ _ Rep Yelm Terra FOB SUB-04-0157-YL Each Descri tion Unit Price __ _ TOTAL _ - - - - p - - - -~- --- 1 Engineering Review Fees $3,240.00 $3,240.00 1 Engineering Inspection Fees ~ $1,620.00 ' $1,620.00 ', (^TT`Y - ~ ~f~ .. ~ 5.' ..f TYF'`'~4.. ~.rl 1 1` O~ I~ ' ~("~'~'\/ten -`~~ '~***FOUR THOUSAND EIGHT HUNDRED SIXTY DOLLARS & 00 CENTS YELM TERRA LLC 11/05/04 33995 4.860.00 CHECK 1130 4200 6TH AVE SE S#301 LACEY. WA 98503 MISCELLANEOUS RECEIPT JANINE ENGINEERING REVIEW FEE 3240.00. ENGINEERING INSPECTIONS FEE 1620.00 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU City of Yelm Invoice No. CDD-04-109 Community Development Department INVOICE - customer Name Yelm Terra LLC, Attn: Steve Chamberlain _ Address 4200 6th Avenue SE, Suite 301 _ City Lacey State WA ZIP 98503 Phone Each _ Description 1 Engineering Review Fees $3,240.00 ; $3,240.00 '~, 1,Engineering Inspection Fees $1,620.00 $1,620.00 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 Date 11 /4/2004 Order No. _ Rep Yelm Terra _ FOB SUB-04-0157-YL -} U it Price - - ~ TOTAL THANK YOU o~ T~ City of Yelm ~' °' Community Development Department 105 Yedm Avenue West P.O. Box 479 L Yelm, WA 98597 WASHINGTON TO: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: November 2, 2004 Re: Final Plat Application for Yelm Terra Subdivision, SUB-04-0157-YL Background: The Yelm Hearing Examiner approved, with conditions, a preliminary plat for the above referenced project on March 22, 2004. The project has now completed construction, and the applicant filed a completed application for final plat. Applicant: Yelm Terra LLC Proposal: 97 lot, residential subdivision final plat approval Location: North side of 105th Avenue Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that as conditions below, the final plat meets all conditions of the preliminary approval. Condition of Approval: 1. The applicant has provided an assigned savings account with the City of Yelm in the amount of $20,891.00 to provide for the painted striping on 3~d Street, and for the playground equipment in the open space areas. This amount reflects 150°~ of the total projected costs. Street lights on 105th Way SE have been ordered and paid for, however PSE has not been able to deliver and install them prior to this report. As the street lights are paid for, we are assured that they will be in as soon as PSE can get them installed. Staff Recommendation: Staff recommends City Council approve, as conditioned, the final plat Yelm Terra, SUB-04-0157-YL. (360) 458-3835 (360) 458-3144 FAX zaww.c&yeitn.zaa.ua MAR 2 3 2004 OFFICE OF THE HEARING EXAMINER CITY OF YELM AMENDED REPORT AND DECISION CASE NO.: YELM TERRA SUBDIVISION, SUB-03-8353-YL APPEAL OF MITIGATED DETERMINATION OF NON-SIGNIFICANCE SUB-03-8353-YL APL-04-0005-YL APPLICANT: Yelm Terra, LLC 4200 6th Avenue SE, Ste. 301 Lacey, WA 98503 AGENT: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 APPELLANT: Dr. Lee Anne Campbell 15715 - 105th Avenue Yelm, WA 98597 SUMMARY OF REQUEST: The applicant is proposing to subdivide approximately 24.25 acres into 97 single family residential lots. The property is zoned R-4 Low Density Residential, which allows up to four dwelling units per acre. The site currently has an existing residence that will be demolished. SUMMARY OF APPEAL: Dr. Lee Anne Campbell appeals the issuance of a Mitigated Determination of Non- significance for a proposed 97 lot subdivision. Specifically, Dr. Campbell takes issued with the mitigation measure which requires the closure of 105th Avenue at Mill Road. SUMMARY OF DECISION: The applicant's request for preliminary plat to subdivide approximately 24.25 acres into 97 single family residential lots is hereby granted subject to conditions. The environmental appeal of Dr. Lee Anne Campbell is hereby denied. -1- PUBLIC HEARING: After reviewing Planning and Community Development Staff Report and examining available information on file with the application, the Examiner conducted a public hearing on the request as follows: The hearing was opened on March 1, 2003, at 9:00 a.m. Parties wishing to testify were sworn in by the Examiner. The following exhibits were submitted and made a part of the record as follows: EXHIBIT "1" - Planning and Community Development Staff Report and Attachments re: subdivision EXHIBIT " 2" - Planning and Community Development Staff Report and Attachments re: appeal EXHIBIT " 3" - Memorandum to Tami Merriman from Scott Davis, P.E. dated February 28, 2004 EXHIBIT "4" - Letter to Grant Beck from Thomas T. Longmire dated February 20, 2004 EXHIBIT "5" - Landscaping Plan dated September 29, 2003 EXHIBIT "6" - Letter to Hearing Examiner from Beth Jorgenson TAMI MERRIMAN appeared, presented the Community Development Department Staff Report, and testified that the subdivision includes four parks and that proper notice was given. The subdivision meets all City guidelines and all lots can accommodate homes which will meet setback requirements except possibly lots 31 and 32. The City would like to see building plans for those lots. The code requires that 5% of the plat remain as open space, and storm water ponds do not generally qualify as open space. The applicant must pay a fee in lieu of open space because a park is nearby. Staff has concerns regarding the old growth fir on the site as development may damage the root systems, and the City has requested a plan to show whether or not the trees may remain. If not, the applicant will replant on a 2:1 ratio for those removed. The requirement for an agreement with the Yelm School District was added to the MDNS. The Traffic Impact Analysis will require curb and gutters on the roads to the north and wider lanes for the street. She then discussed the MDNS mitigation which includes the closure of 105th to the west. The driveways and garages will accommodate two cars, and water and sewer will serve the site. They could -2- need a second sewer line for the basin to the east. They will locate the storm water ponds in the center and all homes will have dry wells. The applicant must show acceptable sight distance for driveways from corner lots. GRANT BECK appeared and referred to letters in opposition. Thurston County analyzed the TIA and recommended two conditions of approval which the Examiner need not add as other proposed conditions and MDNS measures address the concerns. Concerning the boundary dispute, the applicant must resolve any such issues by the time of final plat approval. The preliminary plat, therefore, is subject to change. The code prohibits blocks longer than 660 feet and the street does not meet those standards. However, the applicant can add planter strips in the center of the street. CRAIG STEEPY appeared on behalf of the request and testified that the same family owned the property for many years and sold it to the applicant, but will build a home on one of the lots and continue to reside on the site. They studied traffic impacts quite extensively and prepared two TIAs. They have also studied the stormwater and utility issues extensively. He has reviewed the conditions in the staff report and agrees with all but two. Concerning Condition 2, he introduced Exhibit "5". They will perform additional work with lots 31 and 32 to ensure reasonable building lots. They do have sufficient room to adjust the lot sizes. Condition 3 addresses open space, and he believes they meet the open space requirement as they need 52,700 square feet and have provided 53,000 square feet. They also propose recreational amenities and pathways and trails through the development in addition to the sidewalk system. They will have two formal playground areas to include a location at the southeast corner. They will provide a recreational component rather than pay the fee in lieu. They will discharge no stormwater off site. Along 3~d Street they will construct curb, gutter, and sidewalk on one side and will widen the pavement to 24 feet. JEFF SCHRAMM, traffic engineer, appeared and testified that he had prepared the TIA. BETH JORGENSON appeared and expressed concerns regarding 105th Avenue as closure will create a dark area at the western end of the plat. The applicant proposes a well planned development, but it is totally out of character with the area. The subdivision proposes 6,000 square foot lots as opposed to the five acre lots in the area. The new residents will really impact the area. She recognizes the development complies with the zone. Concerning the TIA, she feels the traffic will create a greater impact than shown in the analysis as the report does not identify impacts to pedestrians and bicycles. She recommended the widening of 105th at the western end to allow two way traffic to Mill Road. She introduced Exhibit "6", her letter. The project proposes a looped road system as opposed to a grid design. The applicant should not recognize the density requested until a public road extends to the west. Her driveway is located 60 feet from the intersection of 105th and Clark Road. She did not see a notice posted on the site. -3- SHERRY SPIVEY appeared and questioned the date of the traffic counts. No one can go through the intersection in nine seconds. Buses and parents picking up children clog up the Clark/SR-507 intersection and no one can make a left turn except on a red light. They might have taken the traffic counts when school was out. A sight distance problem exists at the intersection of Clark Road and 105th. The property to the west is in the County and not the City. She questioned whether the applicant will widen Clark Road when they develop the subdivision. Traffic now has to pull out from 105th to see to the north on Clark Road. 105th serves as a private driveway to the west and she recognizes the necessity to close it. However, the City should require the applicant to fix all roads before building homes. BUFFY CLARK appeared and testified that she owns the house on the hill above the road closure area. The area is dark and the last thing the City needs is the closure of a cross street. The City needs no more cul-de-sacs and should open the road as opposed to closing it. People walk along the road now and will continue to do so. She would like to see sidewalks constructed as she has children. 105th is a dangerous road as people race along it. Only one small house is available to watch what is going on. She does not believe the City can enforce the law. MARY LOVETTE appeared and testified that closing 105th will increase the time for emergency vehicle access as these vehicles frequently use the road. It becomes a health, safety, and welfare issue. She leaves her home at 5:00 a.m. and traffic is horrible even then. Adding new homes and traffic will create bigger problems not addressed by the proposal. She agrees that closing the road will create an attractive nuisance. It is not fair to the neighbors to close the road. Most have lived on the south side of the road for many years and the closure will impact their lives. They will also hear substantial noise from children residing in the subdivision, and the applicant needs to consider downsizing the project to 50 homes. Reappearing was MS. JORGENSON who testified that the play area for the plat is located across the street from her home in the corner and it should be in the center of the development. Plat residents will then hear the noise and not her and other property owners. CRAIG STEEPY reappeared and testified that they must widen 105th and will include streetlighting from Clark Road to the dead end. Law enforcement states that a good crime deterrent is a well lit area. Improvements will include a fence across the frontage of the plat which will block all activities occurring on the plat property to the south and east. No balls will enter the street and he has no concerns regarding the safety of the play area. MR. SCHRAMM reappeared and testified that the focus of the TIA started during meetings with City staff and they took special care to address the City's concern. The City told them that 105th to the west is an existing concern and they did not want to add any traffic to the -4- west over the substandard road. They then looked at where the traffic would go, and all traffic mitigation reflected the traffic away from 105th to the west. MR. STEEPY then testified that they analyzed 105th opened and closed. The applicant does not propose the closure, but the City does based upon the TIA. MR. SCHRAMM then testified that frontage improvements will include widening and sidewalks and the widening of the Clark/105th intersection. This will add stacking room for cars and should not impact driveways. The City wanted a two way connection to the north and they have provided two-way traffic via 3`~. More accesses allow greater disbursement and better circulation. He recognizes the area-wide congestion and looked at the impact of 97 lots during the p.m. peak hour between 4:00 and 6:00 p.m. They identified the routes traffic would take from the development and performed traffic counts while school was in session with the exception of one intersection. The school peak period occurs before the normal peak period. They focused on the highest traffic along the highway and all mitigation is based on the high traffic period. They will pay approximately $75,000 to help fund area-wide traffic facilities. Concerning time periods, during the peak period it will take nine seconds to make the left turn from 105th onto Clark. The actual time could vary between one second and 20 seconds. At the intersection of Clark and Yelm Highway they consider the delay for a signalized intersection. Side streets experience a higher level of delay than does the main line. Adding the plat traffic to the intersection will not lower the intersection below City standards. To continue EVA response down 105' they want to sign the road "Local Traffic Only" and erect an appropriate barricade which would discourage drivers from going west on 105th versus prohibiting such travel. They identified the need to direct traffic away from 105"' to the north and east. He observed traffic at the Clark/105th intersection himself at two different periods. He counted between 65 and 70 trips north of 105th in both directions during the p.m. peak period. They ordinarily do not perform an average daily trip count, but in this case it would amount to 650 to 700 average daily trips. Thirteen cars made a right turn onto 105th and eight a left turn from 105th. The intersection will still operate at Level of Service A following completion of the subdivision. MR. BECK reappeared and testified that the City wants 105th closed as the addition of even one car would create an unacceptable safety hazard. Fixing 105th would be expensive and is not on the City's six year TIP. The applicant's proposal would discourage, but would not prohibit traffic. The applicant's road system is not a closed loop and factored heavily in the decision to close 105th. GMA requires the City to ensure that projects meet the target density. The City has placed the parcel in its least dense zone classification. The City requires all traffic improvements completed before final plat approval. The building official posted the property last week. Reappearing was MR. STEEPY who testified that they published notice in the paper and very early on he hosted an informal neighborhood meeting to discuss the project. They tried to address the neighborhood's concerns and made extra efforts to notify residents of -5- the plans and listen to their concerns. MS. MERRIMAN reappeared and stated that sidewalks will extend north up to 3'd Avenue MS. SPIVEY reappeared and testified that the other side of Clark Road is in the County and she questioned whether the County agreed with the proposed traffic measures. MR. STEEPY reappeared and testified that the County recommended conditions of approval requiring the provision of sight distance at the intersection, but the City had already included these conditions. The County also wanted the undersection lit which they have already agreed to do. The intersection will meet County expectations. JERRY BROWN appeared and expressed concerns regarding the Mill Road/105~h intersection. Drivers will make a right turn on Mill which will heavily impact that road especially since it has no sidewalks. Such will create a safety issue. No sidewalks will be constructed on Clark which is in the County. It takes 20 minutes to drive from his clinic across Yelm Avenue. Too many people try to get through Yelm. He questioned whether the City hired an outside expert to evaluate the TIA. SCOTT DEMICH appeared and testified that Clark Road does not front the development, but the applicant should be responsible for safety on that road. They have no place to ride bikes now and will need a sidewalk or something. MARY LOVETTE reappeared and testified that the traffic engineer took counts between two school times. The elementary school dismisses at 3:30 p.m. and the junior high and high school at 2:15 p.m. At 3:00 p.m. the school generates no traffic. At peak period it takes 30 minutes to get through the intersection. They need an overall study. MS. JORGENSON reappeared and testified that the County said to widen 105'. They are looking at the widening to the west. BUFFY CLARK reappeared and ascertained that the traffic counts do not include pedestrians. Clark Road measures 10 to 15 feet and is too narrow. Mirrors of buses and trucks are close. She would like the City to count pedestrians on Clark Road in hopes that we will not have an injury before sidewalks. Concerning the intersection of Mosman and 3~d, no sidewalks extend to SR-507. The City should add sidewalks at its earliest opportunity. A left turn light is needed at the Clark/507 intersection. MR. BECK reappeared and testified that he did not ignore the comments of citizens, but the City must determine what it can require an applicant to do. The City must show a nexus between the development and the impacts. Clark Road is under capacity and this subdivision will not affect the capacity. The TIA shows other intersections operating at LOS A and TIAs prepared by other projects agree. City standards allow LOS D for all -6- intersections controlled by traffic lights. The City engineer reviewed the TIA and agreed with its conclusions. No one spoke further in this matter and so the Examiner took the request under advisement and the hearing was concluded at 9:55 a.m. NOTE: A complete record of this hearing is available in the City of Yelm Community Development Department FINDINGS, CONCLUSIONS AND DECISION: FINDINGS: 1. The Hearing Examiner has admitted documentary evidence into the record, viewed the property, heard testimony, and taken this matter under advisement. 2. A Mitigated Determination of Nonsignificance was issued on December 26, 2003. An appeal of said SEPA Determination was filed with the City on January 14, 2004, by Dr. Lee Anne Campbell. 3. Public Notice of the date and time of the Public Hearing was posted on the project site, mailed to property owners within 300 feet of the project site, and mailed to the recipients of the Notice of Application and SEPA Determination on February 13, 2004, and advertised in the local newspaper on February 20, 2004. 4. The applicant has a possessory ownership interest in a 24.16 acre, roughly rectangular parcel of property abutting the north side of 105th Avenue SE and the south side of the Prairie View single family residential subdivision. The applicant requests preliminary plat approval to allow subdivision of the site into 97 single family residential lots. 5. The parcel abuts 105th Avenue for a distance of 1,993 feet and measures 623 feet in depth. Internal plat roads having two accesses onto 105th Avenue and one access onto 3`d Street SE at the south end of the Prairie View subdivision will provide access to all 97 lots. The central area of the site will support the storm drainage system. Proposed on-site amenities include four rectangular open space areas in the southeast and southwest corners and anorth/south trail extending from 105th Avenue to the sidewalks in 3~d St. SE and north central area, through the central portion of the plat. 6. The parcel was previously used for either agricultural purposes or grazing, and vegetation is limited to grasses and fir trees located mainly in the center of the parcel. Conditions of approval provide for retention of as many trees as possible. -~- Development of the plat will require removal of the former owner's single family residential dwelling, but said owner will construct a new house on one of the plat lots and will continue to reside on the site. 7. Abutting uses include the Prairie View single family residential subdivision and homes on large lots to the north; a duplex development, vacant property, and a shop to the west; single family residential homes on large lots to the south across 105th Avenue; and unincorporated Thurston County to the east. 8. The parcel is located within the Low Density Residential (R4) zone classification of the Yelm Municipal Code (YMC). Parcels abutting the west portion of the north property line, the west portion of the south property line within the City of Yelm are all within the R4 classification. Parcels abutting the east and the eastern portion of the north and south property lines are located in the Rural Residential zone classification of unincorporated Thurston County which authorizes one dwelling unit per five acres. Cochrane Park is located approximately 120 feet to the northwest of the parcel. Section 17.12.020 YMC authorizes single family residential dwellings within the R4 classification at a density not exceeding four dwelling units per gross area. The project is consistent with the density provisions of the R4 classification and the average lot size will measure 6,000 square feet. 9, Residents of the area object to approval of the plat based primarily upon the impacts of plat generated traffic on City streets and intersections. Dr. Lee Ann Campbell appealed the issuance of the Mitigated Determination of Nonsignificance issued by the City Environmental Official following review in accordance with the State Environmental Policy Act (SEPA).which imposed a number of traffic mitigating measures. Dr. Campbell objects primarily to the closure of 105th Avenue at Mill Road and also believes that the project will generate more traffic than estimated by the applicant's traffic engineer. 10. As previously found, the site will have two accesses onto 105th Avenue which has adequate pavement width and sight distance from the parcel's west property line to its intersection with Clark Road. Prior to final plat approval the City will require the applicant to close 105th Avenue SE at Mill Road. The closure will require all plat traffic using 105th to travel east to Clark Avenue which provides access to the north to SR-507 at a signalized intersection. Plat traffic may also travel north on 3`d St. S. through the Prairie View subdivision and access SR-507 to the north. Traffic may also turn left from 3`d onto Mosman Avenue and access SR-507 southwest of the downtown area. 11. The applicant prepared two traffic impact analyses (TIA), one showing the impacts with 105th Avenue closed and the other with 105th Avenue remaining open to Mill Road in its present condition. The TIA accepted by the City estimates that the plat -s- will generate 928 average daily trips, 98 of which will occur during the p.m. peak period. Fifty-four peak period trips will either access or leave the site via the 105th/Clark Road route (55%). The balance of 44 trips (44%) will enter and exit the site from 3~d Street. The TIA estimates that of the 16 trips existing the site via 3`d Street four will continue on 3~d Street to SR-507 and 12 will turn left onto Mosman to access SR-507. 12. The City required the applicant to study eight intersections within the City, three of which are controlled by traffic signals and five of which are unsignalized. The TIA shows that plat traffic will not cause a reduction in level of service at any intersection. The signalized intersection of 1St St. SE/Yelm Avenue will have an increased delay from 42.4 seconds without the project to 47.5 seconds with the project, but the intersection will not fall below Level of Service (LOS) D, the City standard. The northbound movement at the intersection of Yelm Avenue and SW Longmire Street, an unsignalized intersection, will have an increased delay from 52.5 seconds to 55.7 seconds per vehicle. Said movement operates presently at LOS F and will continue to do so upon buildout of the project. In addition to the above intersections, residents also expressed significant concern regarding the ability to access Clark Road from 105th Avenue. Mitigating measures require the applicant to provide a two lane approach (right turn lane, left turn lane) on 105th at said intersection. Residents also expressed concern that Clark Road does not meet current City standards. The TIA performed in late 2003 shows a total of 62 trips during the peak period passing through the Clark Road/105th Avenue intersection. As previously found, the TIA anticipates that 54 plat generated trips will use said intersection which will raise the traffic volume to 116 trips during the peak period, an increase of 87%. However, 116 trips during the peak period calculates to approximately one vehicle every 30 seconds. The intersection will therefore continue operating at its present LOS A. Clark Road is a two lane roadway with 10- 11 foot travel lanes and 2-4 foot wide gravel/grass shoulders between 105"' and SR- 507. The City classifies Clark Road as a neighborhood collector which requires two, 10 foot wide, travel lanes and is intended to accommodate between 500 and 6,000 vehicle trips per day. The subdivision will generate approximately 540 new daily trips on Clark Road, well within the neighborhood center standard. The Yelm Transportation Plan described Clark Road as a Class IV bike path which means that bicyclists and motorists share travel lanes. The plan proposes no additional widening of Class IV bike paths. 13. The City of Yelm Environmental Official issued a Mitigated Determination of Nonsignificance (MDNS) pursuant to review under the State Environmental Policy Act (SEPA) and imposed the following mitigating measures: A. Payment of the transportation facility charge of $757.50 per dwelling unit to mitigate overall transportation impacts. -9- B. Improvement of the northern half of 105th Avenue from Clark Road to the west property line. C. Block 105th Avenue at Mill Road and allow no through access. D. Improve 3`d Avenue from the north property line to Yelm Avenue East with curbs and gutters, and connect plat sidewalks to the sidewalks in the Prairie View subdivision. E. Improve 3rd Avenue between the proposed subdivision and Mosman Street to a 24 foot wide, asphalt, driving surface with vertical concrete curbs on both sides and "No Parking" signage. F. Improve 3`d Avenue from Mosman Street to Yelm Avenue, and improvement of Mosman Street from 3`d Street to 1St Street to a 24 foot wide driving surface with two foot shoulders. G. Ensure entering and stopping sight distance exists at the intersection of Clark Road and 105th Avenue in accordance with Yelm Development Guidelines and AASHTO specifications. 14. The above described traffic mitigation measures will ensure that the applicant satisfies its requirements to mitigate the impacts of subvidision traffic on City streets and intersections. The applicant will also construct internal plat roads to City standards, will install curb, gutters, and sidewalks on each side, and will provide a north/south connection between 3`d Avenue and 105th Avenue. The plat makes appropriate provision for streets, roads, alleys, and other public ways. 15. Chapter 14.12 YMC requires that the applicant dedicate a minimum of 5% of the gross site area as open space or pay a fee in lieu of providing the open space when park facilities exist near the development. The applicant may not include storm water retention and detention areas as open space, and signage areas proposed at the entrances to the plat likewise do not meet open space qualifications. However, the applicant asserts that improved parks within the subdivision will equal more than the minimum required open space and thus no fee in lieu payment is required. Prior to final plat approval the applicant must establish that the open space area meets the requirements of the YMC. Since Cochrane Park is located a short distance from the subdivision and is accessed by sidewalks via Parkview Loop in Prairie View, the applicant may also pay a fee in lieu if the plat parks do not meet the open space requirements. Residents raised concerns regarding the location of one park in the southeast corner of the site. However, the applicant will fence the park and provide tot lot improvements for small children. Older children residing in -lo- the plat will likely elect to use Cochrane Park. The applicant will install a six foot high fence adjacent to 105' Avenue which will mitigate noise generated by children playing in the park. In addition to the open space in the southeast and southwest corners, the applicant proposes anorth/south linear trail through the center of the site and two additional open space areas in the northcentral portion of the site. The plat makes appropriate provision for open spaces, parks and recreation, and playgrounds. 16. Conditions of approval require that the applicant enter into a school mitigation agreement with the Yelm School District to offset the impacts on the district of school aged children residing in the plat. The mitigation agreement required by the MDNS will ensure that the plat makes appropriate provision for schools and school grounds. 17. The City of Yelm will provide domestic water, fire flow, and sanitary sewer service to the site. Fire Station No. 21 located on Mill Road is in reasonable proximity of the site and can provide timely emergency vehicle service. The plat makes appropriate provision for potable water supplies, sanitary waste, and fire protection. 18. The applicant must construct the storm water drainage system to City of Yelm requirements which set forth the criteria for treating and controlling runoff from impervious surfaces. The applicant has submitted a preliminary storm water report that provides a conceptual design for treatment and storage of stormwater. Compliance with City standards will ensure that the plat makes appropriate provision for drainage ways. 19. The applicant must satisfy all requirements of City Codes addressing street lighting and landscaping. 20. Dr. Campbell's environmental appeal asserts that the TIA deflates the number of vehicle trips that the subdivision will generate. However, she did not provide any authority for the assertion, and the TIA estimated the number of vehicle trips using the Institute of Transportation Engineers (ITE) Trip Generation Manual Sixth Edition 1997, a recognized authority. Dr. Campbell also asserts that the City has not measured the impact to pedestrians, bicycles, and the neighborhood, especially considering the congestion on Yelm Avenue, Clark Road, Mill Road, and 105tH Avenue. As previously found, City plans do not propose widening Clark Road for bicycle lanes, and no impacts will occur on Mill Road following the closure of 105th Avenue. The applicant acknowledges the congestion at the intersection of Yelm Avenue and Clark Road, but again studies based upon expert publications show that the preliminary plat traffic will not overly impact said existing congestion. While the applicant must mitigate its impacts, it has no responsibility for correcting existing deficiencies. Speeding problems are addressed by the Police Department. Finally, -li- the applicant did not propose closing 105th Avenue. Such was a City decision based upon the grossly inadequate road between the parcel's west property line and Mill Road. The City properly determined that no additional traffic could use said route due to safety concerns. The applicant will install a street light at the intersection of the westernmost plat access onto 105th Avenue which should alleviate many of the concerns regarding darkness and illegal activity. Furthermore, the addition of 97 new families and their attendant activities will serve to discourage such illegal activities. Dr. Campbell has not shown that the environmental official erred in issuing the MDNS. CONCLUSIONS: 1. The Hearing Examiner has jurisdiction to consider and decide the issues presented by this request. 2. The applicant has established that the request for preliminary plat approval is consistent with the City of Yelm Comprehensive Plan and satisfies all criteria of the R4 zone classification. 3. The applicant has established that the request for preliminary plat approval satisfies all criteria set forth in Chapter 16.12 YMC and specifically Section 16.12.170 YMC. The applicant has shown that the proposed preliminary plat makes appropriate provision for the public health, safety, and general welfare for open spaces, drainage ways, streets, roads, alleys, other public ways, transit stops, potable water supplies, sanitary waste, parks and recreation, playgrounds, schools and school grounds, and safe walking conditions. 4 5 The applicant has shown that public facilities impacted by the subdivision can adequately serve the subdivision concurrent with its development. In reviewing a determination to issue an MDNS by the Environmental Official, the Examiner is bound by the following: A. RCW 43.21 C.075(3)(d): "If an agency has a procedure for appeals of agency environmental determinations made under this chapter such procedure shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight. B. WAC 197-11-680(3)(VII): Agencies shall provide that procedural determinations made by the responsible official shall be entitled to substantial weight. The case of Hayden v. Port Townsend, 93 Wn. 2d 870 (1980) holds that a hearing -12- examiner's standard of review for a MDNS appeal is "clearly erroneous". A finding is "clearly erroneous" when although there is evidence to support it the Examiner is left with the definite and firm conviction that the environmental official made a mistake. The burden is on the appellant to show that the environmental official's decision is clearly erroneous. The Examiner has reviewed the appeal of the issuance of the MDNS and finds that the appellant has not satisfied her burden of proof of establishing that the environmental official's decision to issue an MDNS was clearly erroneous. The recommended conditions of approval will mitigate possible adverse environmental impacts. 6. The proposed preliminary plat will serve the public use and interest by providing an attractive location for a single family residential subdivision convenient to the Yelm downtown area as well as to schools and parks. Therefore, the proposed preliminary plat should be approved subject to the following conditions: Lot Sizes and Setbacks: 1. Corner lots shall place driveways, and direct house fronts as follows: Lot # 1 -Driveway faces north, house fronts north Lot #23 -Driveway faces north, house fronts north Lot #39 -Driveway faces east, house fronts south Lot #40 -Driveway faces west, house fronts south Lot #79 -Driveway faces north, house fronts west Lot #83 -Driveway faces south, house fronts west 2. Applicant shall either reconfigure Lot # 31, and #32, or show construction plans for a residence that can meet the setback requirements. Open Space 3. Applicant shall submit a final improvement plan for the open space. The open space improvements shall demonstrate compliance with Chapter 16.14.050. 4. Applicant shall pay a fee in-lieu-of for the difference between provided qualified open space, and the required open space amount. Transportation 5. Frontage improvements are required for this project. Frontage improvements shall be consistent with the City of Yelm's Development Guidelines. Improvements required shall include the frontage on 105'h Ave. SE, 3`d Street SE, and Mosman Street as described in the MDNS. 6. Internal streets within the subdivision will be constructed per Yelm Development Guidelines for Local Access Residential. Provisions to this -13- detail will be made for the creation of "bulb-outs" where the pedestrian accesses cross the internal streets. 7. The applicant shall mitigate transportation impacts based on the new residential p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 new peak hour trips per residential unit. Credit for the existing dwelling shall be given. The applicant will be responsible for a TFC of $757.50 per unit which is payable at time of building permit issuance, unless previously credited towards traffic related improvements. Water 8. The applicant shall connect to the City's water system. There is an existing water main located on 105th Ave. SE, that is located along a portion of the frontage of this property. This main shall be extended to run the entire frontage of this site on 105th Ave. SE. 9. Water connection fees are charged at the current rate of $1,500 per connection, (fee subject to change) payable at building permit issuance. 10. All open space areas and planting strips not located with 75' of a hose spigot, shall have an irrigation system with a separate water meter(s). The applicant shall submit a final landscape and irrigation plan with civil plan submission. 11. The waterline easement that bisects the property shall be preserved by locating open space over the easement area and protected during construction operations. 12. The existing waterline connection to 3rd St. must be relocated to the proposed public roadway within the subdivision. This waterline is currently located within lot 40 and the adjacent open space. Wastewater 13. The applicant shall connect to the City's S.T.E.P. System. 14. Sewer connection fees are charged at the current rate of $5,269.00 per connection (fee subject to change) payable at building permit issuance. All connections require an inspection, with a fee of $145.00 per connection, also payable at building permit issuance. 15. The applicant shall provide proof of sewer basin distribution, to be approved by the City, during civil plan review. -14- stormwater 16. The applicant shall design and construct all storm water facilities in accordance with the DOE Storm Water Manual, as adopted by the City of Yelm. Best Management Practices (BMP's) are required during construction. 17. The applicant shall compile a final storm water report along with construction drawings. 18. All roof drain runoff shall be infiltrated on each lot. Infiltration shall be accomplished utilizing individual drywells. 19. The applicant shall submit a storm water operation and maintenance plan to the Community Development Department for approval prior to final plat approval. 20. The stormwater system shall be held in common by the Homeowners Association. The Homeowners Agreement shall include provisions for the assessment of fees against individual lots for the maintenance and repair of the stormwater facilities. Fire Protection 21. The applicant shall submit a fire hydrant plan to the Community Development Department for review and approval as part of the civil engineering plans prior to final subdivision approval. 22. The applicant shall submit fire flow calculations for all existing and proposed hydrants. All hydrants must meet minimum City standards. Street Lighting 23. Per the City of Yelm's Development Guidelines, street lighting and interior street lighting will be required. A lighting design plan shall be submitted to the Community Development Department for review and approval. Plat name and addressing 24. Prior to the submission final plat application, the applicant will provide the Community Development Department an addressing plat map for approval. SEPA -15- 25. The applicant shall comply with the mitigation requirements of the MDNS issued on December 26, 2003. Mitigation includes: The applicant shall mitigate transportation impacts based on the new p.m. peak hour trips generated by the project. The Transportation Facility Charge (TFC) shall be based on 1.01 p.m. peak hour trips per residential unit. The applicant will be responsible for a TFC of $757.50 per unit, which is payable at time of building permit issuance. Prior to final subdivision approval, the applicant shall a. Improve the northern half of 105th Ave. SE from Clark Road to the western property line b. The right-of-use portion of 105th Ave. SE shall be blocked with no through access c. 3`d Street shall be improved from the proposed development to Yelm Avenue East, and; d. Mosman Street shall be improved from 3`d Street to Hwy 507. e. Tree losses shall be mitigated by a 2 to 1 replacement. f. Open Space Fee in-lieu-of payment for difference of qualified open space. g. School District Mitigation Agreement shall be required prior to final plat approval. Landscaping 26. Prior to any land clearing, a site plan including the location of all trees to be retained and removed (exceeding 8 inches in diameter) must be reviewed and approved by the Community Development Department. Tree losses shall be mitigated by planting at least a 2 to 1 mix of evergreen (70%) and deciduous trees (30%), with a minimum of a 2-inch caliper measured at 4 feet from the ground, around the perimeter of the storm pond areas, and in the qualified open space areas. Trees to remain must be protected during construction pursuant to Chapter 14.16 YMC. 27. The applicant shall submit a final landscaping and irrigation plan to include the perimeter of the project site, planter strips, open space, and stormwater facilities. -16- DECISION: The request for preliminary plat approval of Yelm Terra is hereby granted subject to the conditions contained in the conclusions above. The environmental appeal of Dr. Lee Anne Campbell is hereby denied. ORDERED this 22"d day of March, 2004. E K. CAUSSEAUX, JR. Hearing Examiner TRANSMITTED this 22"d day of March, 2004, to the following: APPLICANT: Yelm Terra, LLC 4200 6th Avenue, Suite 301 Lacey, WA 98503 AGENT: SCA Consulting Group P.O. Box 3485 Lacey, WA 98509 APPELLANT: Dr. Lee Anne Campbell 15715 - 105th Avenue Yelm, WA 98597 OTHERS: Roberta B. Longmire Beth Jorgenson Sherry A. Spivey R. Houx Mary K. Lovette Rosemary Demich Tom Longmire Judy Scheible Jan Loutzenhiser Jeff Schramm P.O. Box 499 15939 105th Way SE 11215 Clark Road 15809 105th Way, P.O. Box 623 15823 105th Way SE P.O. Box 577 P.O. Box 1869 10630 Mill Road SE 10339 - 3~d St. SE 16625 Redmond Way #M-323 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Yelm, WA 98597 Redmond, WA 98052 City of Yelm -1~- Tami Merriman 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 -ls- CASE NO.: YELM TERRA SUBDIVISION, SUB-03-8353-YL - APPEAL OF MITIGATED DETERMINATION OF NON- SIGNIFICANCE SUB-03-8353-YL APL-04-0005-YL NOTICE 1. RECONSIDERATION: Any interested party or agency of record, oral or written, that disagrees with the decision of the hearing examiner may make a written request for reconsideration by the hearing examiner. Said request shall set forth specific errors relating to: A. Erroneous procedures; B. Errors of law objected to at the public hearing by the person requesting reconsideration; C. Incomplete record; D. An error in interpreting the comprehensive plan or other relevant material; or E. Newly discovered material evidence which was not available at the time of the hearing. The term "new evidence" shall mean only evidence discovered after the hearing held by the hearing examiner and shall not include evidence which was available or which could reasonably have been available and simply not presented at the hearing for whatever reason. The request must be filed no later than 4:30 p.m. on April 5. 2004 (10 days from mailing) with the Community Development Department 105 Yelm Avenue West, Yelm, WA 98597. This request shall set forth the bases for reconsideration as limited by the above. -19- The hearing examiner shall review said request in light of the record and take such further action as he deems proper. The hearing examiner may request further information which shall be provided within 10 days of the request. 2. APPEAL OF EXAMINER'S DECISION: The final decision by the Examiner may be appealed to the city council, by any aggrieved person or agency of record, oral or written that disagrees with the decision of the hearing examiner, except threshold determinations (YMC 15.49.160) in accordance with Section 2.26.150 of the Yelm Municipal Code (YMC). 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Below are the costs of these items for the purpose of establishing Assigned Savings Account to guarantee completion if these items are not.completed prior to November 10, 2UU4, . I. Pla~iaround Eq.u.ipment: ~ ~ . ' ~ Tract A. ~ ~ $,1.3,325.00 ' • ~ 'Tract B. $ 3,616.00 ~ • Tract b $ 2,350.00 Stri pping 3`d Avenue: ~ $ 1 600.00 , _ , . ~ Total: X20,891.00 ' ~ As o f 1:30 p.m. this afternoon, November 2, 200, the balance of the playground . equipment had arrivAd on site and was being installed. It is anticlp2ted 211 er)iiipmpnt will: be installed by the end_of tomorrow. The balnt stripping on 3~`' Avenue Is weaEher dependent. ~ , I . Please call i You have any further~needs, Yours trU LTIN.G GROUP Ste~j~I~~.JChamberlain, P.E. SILK' jt ' (K: /text/pf/2003/03008/corres/Tammi 110204) DESIGNIEUI~L i C1VIL AND TRANSI~ORTAT.lUN ENGINEERING PLANNING ..SURVE;(IN1G 11/62/2604 15:30 360-493-2476 I ~ I I P.O. Box 3a85 Lacey, Washi i gton 98509-3465 i 4200 6~' Avenue,SE, Sulte 301 (360) 433-6002 , (360) 493-24176 FAX Cons ungf'eoup SCA COPJSULTING GROUP i FAX TO:Ta Imi Merriman City~of Yelm FAX NO: 360-458-3144 FAX FROM: 31160-493-2476 I I RE; Yelm 'T'erra -Assigned Savings AGENCY PRO] CT NUMBER: irno~~cr N^ ~; Yelm Terra REMARKS: TRANSM ec: sY; Steve Chamberlain PAGE 61 FAX SCA VRO]ECT NUMBER: 03005 DAT[: November 2, 2004 NUMeeR OF PAL;iC9: 2 inc. Cover ^ A HARD COPY W};LL BE MAILED. ®A HARD COPY WILL NaT BE MAILCD. This TOGSlrnlle n~oy contain confidential, p~ivileyetl infunueLivn inLenJeJ unly fvi ~IiC IntJIVlUual Ur CIII1ty [O Wh[Im I[ IS aaGreSSed. DO nOt read, copy or d sseminate this inform&tion unless you are the addressee (or the person responslDle for delivering it). [f you have received this communication m error, please return tna original communication to SCA Consulpng Group via [he poSCEI Service. Mailing costs will be reimbursed. Thank you. 11/02/2004 16:01 366-493-2476 SCE COhJSULTING GROUP fVo~s 02 04 12:39p Dennis R. Baker, PLS' 360.400.5264 Geomat~cs Land Surveying P.O. Box 2550 a,,._._ ~~ Yeim, WA' 98597-2550 silt Yo; (:ity oC Y~lm (;prnrnunity DcvclUpmcnt f)oparlrnent Grssnt Beck. pircetor PU f3o~ X179 Yclm_ Wn 98597 n Post-it Fax Noce 7671 D910 ~ 1 ~) _~'s,I '~ °t pagesD IO I ~ ,LS I Frurn ` ~l/,.~ I.~ l'`%-tICC,c. Pnonr. n ) ~ ~' f`honc N 7 i Fix A ~ ;~.~, ~ G a; ~ '~ : i7! Fax n ')~'C: )'^Iw~~., •..) ~ (c.°f PAGE 02 p. L Statement Date I I /^.'2004 Geomatics No. Term s Dui opt iCt:c:i~it Date Transaction Amount Balance IU/0313UU~ T3al:u~t:c forward U.00 1329 - YcHn 'ft:rra Fraer Itwiaw- I0/(W13U09 INV t!]]2. 392_jp 6N2_SU I0/)R!?tN1A INutl]3S. A4(.,2i 1.338.75 C~ ~ ~~ ~~ ,, ~ ~ _~ ~ ~ ~~ ~ n d' 1~ CURRENT 1-30 DAY5 PAST 31-GO DAYS PAST 61.90 DAYS PAST OVER 96 DAYS Amount oue OUE DUE DUE PAST DUC n.nn i .::R 75 (.t.no n.t,o ann ~t.33A.75 ssrrl~yop crap ttot pro~idc the t.~lA~ amount duc. plcbrc contact l~cnnis I}elcGr ar ](,U,dUn.l.i1A1T)(~2ti3) l~l s]~i cc Utl FS lT.~; 41C111 S~I1cdulc.~'~ Phone ;el Fax n E-mail Web Site 360.400.[,.AND(5263) 3fi0sn0.S3Gr1 drb(it`y};cuur~ii~•~land.urvcyink.c.~rn wwu~.g~h~matic~slandsurveyin~.corn Ges~matics 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 # 10/4/2004 332 P.O. No. Terms Geomatics No. Due on receipt 1229 Item Description Hours Rate Amount Overtime First review of Yelm Terra SUB-04-0157-YL. 7 127.50 892.50 If you have any questions please call. Total $892.so Payments/Credits $o.oo Balance Due $892.so Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb@geomaticslandsurveying.com www.geomaticslandsurveying.com Ge.~matics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To City of Yelm Community Development Department Grant Beck, Director PO Box 474 Yelm, WA 98597 Invoice Date Invoice # 10/18/2004 335 P.O. No. Terms Geomatics No. Due on receipt 1229 Item Description Hours Rate Amount Overtime Second review of Yelm Terra SUB-04-0157-YL. 3.5 127.50 446.25 If you have any questions please call. TOta ~ $446.25 Payments/Credits $o.oo Balance Due $446.25 Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb@geomaticslandsurveying.com www.geomaticslandsurveying.com 11/62/2664 16:61 366-493-2476 SCA CONSULTING GROUP PAGE 63 !~' :. ru LJ1 s~ Q 0' O .: O r l11 D O O ~~~ N g r ~ r ~~~ S ~<w~ ~Z~r" Dm~ 31 w ~mg a N ~m C w (7 0 H~ `-'~ ~ m CI N r N (A City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Adam Rivas, Mayor, and City Council From: Tami Merriman, Assistant Planner Date: November 1, 2004 Re: Resolution # 449 -LID Segregation Exhibits: • Application for Segregation of LID Assessment • Resolution No. 449 • Exhibit A - Current Parcel Configuration Map • Exhibit B - New Parcel Configuration Map • Exhibit C - Segregation of Assessment • Exhibit D - RCW § 35.44.410 SUBJECT Resolution No. 449 authorizing the segregation of the local improvement district assessment and re-allocation of Equivalent Residential Units for Thurston County tax parcel number 21713340600. This property is located within the boundary of Utility Local Improvement District No. 1. FISCAL IMPACT The number of Equivalent Residential Units currently assigned to this parcel is 15, and all previously billed local improvement district installments have been paid. The estimated value of the property involved is sufficient in the unlikely event that foreclosure should become necessary to collect any future delinquent principal and interest payments. The applicant Steve Chamberlain, Yelm Terra, LLC has submitted the required application and fee for processing the segregation request to transfer 10 Equivalent Residential Units to the Yelm Terra Subdivision. LEGAL CONSIDERATION Section 35.44.410 of the Revised Code of Washington requires that requests for segregation be approved by City Council action. This action will segregate and proportionally distribute the existing assessment for Utility Local Improvement District No. 1 upon real property as recorded by the Thurston County Assessor's Office. BACKGROUND On September 29, 1999 the City Council approved Ordinance No. 674 confirming and adopting the final assessments for Utility Local Improvement District No. 1. Section 35.44.410 of the Revised Code of Washington stipulates that "segregation shall be made as nearly as possible on the same basis as the original assessment." Each parcel shall be allotted one Equivalent Residential Unit and the assessment is therefore divided equally between each of the newly configured parcels benefiting from the improvements. EFFECTIVE DATE This resolution will become effective immediately upon adoption by the City Council. RECOMMENDATION Staff recommends adoption of Resolution No. 449 authorizing the requested segregation of the original assessment in Utility Local Improvement District No. 1. 11/61/2664 17:54 366-493-2476 4200 6`" 9,venue SE, Suite 301 Lacey, WashingtoA 95509-5667 ~ (360) 499-6002 Phone (360) 493-2476 >:~ .J ~ DESIGN 19UILD SCA CONSULTING GROUP F~4 To: Tammy M. /City of Yelm -Building Dept. FA~NO: (360) ~~8~-3144 FAR FROM: D an Lee RE: Purchase of PSE/Intolight Street Poles/Luminaires AGENCY PROJECT NUMBER PROJECT NAME: ~Y elm 'Terra xEl-tnRxs: Tazxlmy, PAGE 61 9CA PROJECT 1VU11~R: 3008 RATE: 11.11/200d NC111~ER OF PAGES: 2 Q A HARD COPY vPIL,j, BE MAILED. ® A FIARD COPY WILL NOT BE MAILED, Here is the receipt from PSE showxne the "0" balance owing for the complete lighting package for the development. Please call me with any questions you m,ay have. Regards, Dan Lee, Construction Manager TaANSMiTrEU HY: JSM cc: 1~rujecL File Tliia fswimile may wntain wufiderotinl, privileged information incended only for the individual or e~atity to whom it is addressed. Do not read, copy or disseminate this information unl~y~ you are the addressee (or the pesrson reepon9ib]e for delivering it). If you havC rzceived this communication in error, pleac~C return the original wmmunication to SCA De81gn/Build vin the postal service. Mai]ine rnsta will Fw ~eiu~burved. Thank you. 11/01/2004 17:54 360-493-2475 . customer YELtuI TERi~ _LC ` Sreteur..~.... _~~ Par.. ~ _~ . - -----. vvm^^w~ I iw crr AuG 34, 2QQq Balance es of last billing Thank you for your payment(s) Balance Forward other Charges CURRENT TOTAL AS OF AUG ~1, 2004 Statement Due Daie SPfI 21, 2004 AMOUNT DUE THIS STATEMENT Descrl ti~h •f Other Cha es 5.00 SAP Electric Linc Extension RefArenco # A~t STREET LIGHT CIRCUITRY-NONREFUNDABI ~ 4465825125532 55,943.8s 8i11 Doc #090196628 YELM TERRA CK FROM LOUTH SOUND BANK 15725 MOSMEN AVE SE, YELM CIRCUITRY TO: INSTALI 10-100W YELM ORN CN f-IX r INSTALL 6-250W YELM GRN CH FIX INSTALL 10-25" MH GRN EXP AGG CON POLES INSTALL fi-35'MN GRN EXP AGG CON POLES W01050302Z0 • INTOLIGHT MGR-JACK FLANNICK "PAYMENT ONLY-PD BY CK #3687" SAP Electric Line E-~ xiension STREE=T LIGHT STANDARDS-NONREFUNDABLE Bill Doc #090196629 YELM TERRA, LLC CK FROM SOUTH SOUND BANK 15725 MOSMFN AVE SE, YCLM INSTALL 10-100W YELM GRN CH FIX INSTALL 6-250W YELM GRN CH FIX INSTAI. L 10_25° MH GRN EXP AGG CON POLES INSTALL 6-35°MH GRN EXP AGG CON POLES WQ105031011 IN70LIGHT MOR-JACK FLANNICK "PAYMENT ONLY-PD BY CK #3687" $41~ ~,~~~ Sa1,13S.74 Total pf other Charges J For inforthaHpn, emergences, to repoH an outage er for than es to 1~25~52-1234. 9 Your account, please call 1-9BB-225,5773 47,078.6 _~~°^ p~M9 ~^ P~ritNl. p-Na^ pfennt bets ^-tian^, ~ er IrOln out-et. j- r ........, Wh^., .w^d...y ..mlu..+ctr. Plan mall t^ Piq^~ Sougd Slip, VI^~.^ d^1^cb Mr^ "f a^d ntVn ~-•~r~~r~r~ti~r~r~~~~~r_r_ ~~9y. 901'~NN, p.0. BoM 81299. t3~11^vw, WA ~Iq. Thpo-ti^tlwilAyourpayinant .,~~~~~i~~~ ___ 4199 446-560-570 ®PUGET SOUND ENEkGY Account; 446-582.511.7 _ ` NONE ILL.L.L.LLILnu11~n1~IIInulnlnlllln~Ilhr`i`iI 3 I A7TN EDWARD MILLER S YELM TERRA, LLC s 4200 6TH AVE SE STE 301 LACEY WA 98503.1 n43 a5943.8y X465825140316 Account No..:• :. _ aeaeas-srta ' Accouli~(9alance i.oo i47,079:63CR .S47 07_, 9.63 S_00 SCE CO~JSULTING GROUP P^,GE 02 PUQ`"'T SpUND ENERGY Puget Sound Energy B OT-01 H P.O. 8oz 91269 Bellevue, WA 98009-9269 .._.... 0001.01 OOOOL465825117 0000000o0U00 000000000000 4200 6"' Avenue SE, Suite 301 P.O. Box 5667 ~ Lacey, Washington 98509-566 ~ (360)493-6002 .~1~1~~ (360) 493-2476 FAx 7 DESIGN ~ BUILD DATE: October 28, 2004 SEND TO: Tammy M. C/o: City of Yelm Building Department VIA: Dan Lee THESE ARE TRANSMITTED AS CHECKED BELOW: ® FOR YOUR USE ® FOR REVIEW & COMMENT ® FOR YOUR APPROVAL REMARKS: TRANSMITTED BY: eTSM ® AS REQUESTED ^ APPROVED AS NOTED ^ RETURNED FOR CORRECTIONS cc: Project File; Steve Chamberlain, Yelm Terra LLC LETTER OF TRANSMITTAL SCA PROJECT NUMBER: 3008 AGENCY PROJECT NUMBER: PROJECT NAME: Yelm Terra O C T 2 9 2004 LETTER OF TRANSMITTAL DATE: October 26, 2004 SEND TO: Tami Merriman, Assistant Planner City of Yelm Community Development Department 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 4200 6th Ave SE, # 301 Lacey, WA 98503 360.493.6002 360.493.2476 www.thescagroup.com SCA PROJECT NUMBER: 03008 AGENCY PROJECT NUMBER: SUB-03-8353-YL PROJECT NAME: Yelm Terra VIA: Hand Delivery CDP7ER DATE DESCRIPTION ~1~~ THE SCA GROUP 1 10/26/04 Bill of Sale -Water 1 10/26/04 Bill of Sale -Sewer 1 10/26/04 Warranty Agreement 1 10/26/04 Stormwater Maintenance Agreement THESE ARE TRANSMITTED AS CHECKED BELOW: ® FOR YOUR USE ^ FOR REVIEW & COMMENT ^ FOR YOUR APPROVAL REMARKS: Tami ® AS REQUESTED ^ APPROVED AS NOTED ^ RETURNED FOR CORRECTIONS As per your email dated Monday, October 25, 2004, we have revised the above-referenced documents per the recording requirements. All are signed and notarized. Please let me know if you need any additional documentation. Thank you for your assistance. -~ TRANSMITTEY~~~f~r. L~'/'~'y1~L~'~~,1 '1V~(ncy Cor~ll cc: Yelm Terra Project File Tami Merriman From: RMKnopf@aol.com Sent: Tuesday, October 26, 2004 9:09 AM To: Tami Merriman Subject: Huddleston-Yelm Terra segregation L Exhibit C - Yelm Terra LLC.xIs... Tami: 'Exhibit C' showing the segregation of Huddleston's existing LID assessment to Yelm Terra LLC is attached as an Excel file. This way you can easily modify the format if necessary. Also, Section 3 of the resolution itself may need some tweaking because we have to include all 15 ERUs in those numbers. The total of the 11 new assessment amounts equals $27,347.25 and the remaining balance for these assessments now adds up to $18,231.48. Please call me if you need anything else. Thanks! Rick Knopf Public Finance Inc. Tel: 425-885-1604 Fax: 425-885-2103 ~~~ w~T~ EVERGREEN STATE BUILDERS ~-ly ,a,Lr~~,ti~~GC ~~,o~..y~,s ~ ~ Gv ~ pE ~,,~~Jrl~Flfr~f /" ~~ ~ ~,;~ , L ~ YEL TERRA f. ~: "~~ DRIVEWAY APPROACHES L-LEFT R -RIGHT C-CENTER LOT # SIDE LOT # SIDE 1 R 61 L 2 R 62 R 3 L 63 L 4 L 64 L 5 R 65 R 6 R 66 R 7 L 67 L 8 R 68 R 9 R 69 R 10 L 70 R 11 L 71 L 12 R 72 R 13 R 93 L 14 R 94 L 31 C 95 L 32 C 96 L 33 R 97 L 39 L 41 L 42 L 43 R 44 R 45 L 46 R 47 R 48 L 49 L 50 R 51 R 52 L 53 R 54 L 55 R 56 L 57 R 58 R 59 L 60 L ---~ 3 - Cc G - Y ~ ~ `7 ~ti~L ~~~~~~~U ~~~~ , I ;', %~ 4200 Sixth Ave SE, Suite 301 October 25, 2004 Lacey, WA 98503 (360) 493-6002 Grant Beck (360) 493-2476 Fax Community Development Department sca@scaconsultinggroup.com City of Yelm www.thescagroup.com 105 Ye~m AVenue W Yelm, WA 98597 RE: Yelm Terra SCA #03008 Dear Grant: pC~ 2 ~ Although we were not successful in meeting last weeks deadline we are enthusiastically confident that we are close to having all items on your October 19, 2004 punchlist completed for the November 10, 2004 council meeting. 1. There are approximately 16 sections of concrete curb that were damaged during construction. These will be replaced this week weather permitting. Any curb replacement not completed by this next deadline will be bonded for per our agreement. 2. All sidewalks and ADA maps have been completed except for the access into and around- the pond/open space area, which will be as soon as hydro seeding is complete. 3. Streetlights have been paid for and are scheduled for installation on November 1, 2004. Please see attached letter from Intolight. 4. PSE is scheduled to relocate guy wires on November 5, 2004. See attached PSE letter. The remaining fences and sidewalk work will be completed the following day. 5. The ADA trip hazard on 3rd has been corrected. 6. At Tim's suggestion we will pay an in lieu of fee for stripping of 3rd and Mosman. When weather permits, the City can have this work completed. 7. We are prepared to pay for the chip sealing as soon as a bill is presented to us. 8. Signage is complete and posts are set in concrete. 9. We believe all street and open space trees have been installed. The irrigation system installation is also complete and operational. 10. The open space trail is complete and the playground equipment is scheduled to arrive on or before November 1, 2004. Installation will immediately follow. The volleyball court area is complete. 11. The remaining hydro seeding is scheduled for tomorrow October 26, 2004. DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING • PLANNING SURVEYING 12. The sidewalks and streets will be pressure washed by weeks end. Based on the above and upon your satisfactory inspection, we should be ready to be scheduled for the November 10, 2004 council Agenda for Final Plat Approval. Thank you again for all you cooperation in getting us to this point. Yours truly, SCA CONSULTING GROUP Stev mberlain, P.E. ' e ident ' Attachments Slc/njt (K: /text/pf/2003/03008/corres/Gra nt102504) 1 DESIGN/BUILD • CIVIL AND TRANSPORTATION ENGINEERING • PLANNING • SURVEYING '~I~~ APR-01-2003 04:42 Yelm CDD 360 45B 3144 P.O1/02 City of Yelm _~ Corrzmunity Development Depacrtment 105 Yedm Avenue West P.O. Box 979 _ Yedm, WA 95697 Getober 19, 2004 Steve Chamberlain SCA Design Group 4200 6~' Avenue SE, Suite 301 Lacey, WA 98503 Dear Steve: As of the Gity's inspection at approximately 2:00 PM on Tuesday afternoon, the following items have not been completed from previous punch lists: Damaged curbing needs to be replaced before issuance of f rst building permit, with savings account assignment of 150% of the anticipated cost of repair. ADA sidewalk return at the west end of 105th (to be included in a savings account assignmen# with curbing repairs). Sidewalks and ADA ramps are not complete. Street lights have not been installed. Guy wires on 105' have not been moved and the sidewalk and fence at these locations have not been completed. The ADA ramp on 3`~ has a tripping hazard. The striping of 3`d and Mosman is not complete. Although you indicate that you don't believe this is part of the land use approval, a fog line typically delineates a shvuider of the same surface as the drive lane. This can be included in the savings account assignment for curb repair. Payment for chip sealing. As this cost has not yet been received by the City, it alone would not hold up fiinal subdivision approval provided a financial guarantee was provided for this work. The signage is not complete and posts that have been set are not set in concrete. The landscaping is incomplete Street trees did not follow approved planting plan Trees were planted within 5 feet of water main and chlorine contact line ~aso~ ~rss-aaas (3CO) 458-a144 FEiX mmm.cxyelm.md.ua~ APR-01-2003 04:42 Yelm CDD 360 458 3144 P. 02/02 Hydro seeding in planter strips is not complete The irrigation system is incomplete and still being installed The open space improvements are incomplete The pedestrian trail has not been constructed The play equipment in the tot lot is not installed The hardware for the volleyball court has not been installed As you recall, we spoke about scheduling the final plat on September 29, 2004, at the counter. We had originally scheduled the final plat for City Council action for the November 10, 2004, meeting and you indicated that you needed the approval to be scheduled for the October 27 Council meeting. Tami Merriman agreed to send the survey out for r®view immediately and, if the survey review was complete and all punch list items were complete prior to October 15, 2004, we would schedule the matter for October 27tH On Friday the 15t", there were still substantial improvements that were incomplete, and the survey was returned to the Department with changes based on the first review. Rather than hold to the drop dead date to which w® had agreed, we allowed you the weekend to finish construction of the subdivision and complete the second survey review. At the Monday morning inspection, there were still substantial outstanding construction issues and the survey was not returned until 2:30 PM. The Department again agreed to move the deadline tv the following day. As of today at around 2:00 PM, the above items on the punch list are not complete and the survey was just returned for the third review. I make the points above simply to clarify that we have stretched the deadline to the br®aking point and beyond. Staff with the Department have given a high priority to the project and have conducted muli#ple inspections of Yeim Terra in order to deal with the last minute issues which have arisen because of the pressure to make the deadline of the 15t". In good concience, we can not, and have not in the past, scheduled a subdivision for approval by Gouncil before all required improvements were complete. At this time, there are simply too many items remaining on the punch list which have not bee 'stalled, much less inspected and accepted, to proceed. -cl(, Director ent of Community Development October 19, 2004 Page 2 of 2 TOTAL P.02 10-25-2004 09:17 From-INTOLIGHT PSE 425 462 3149 T-392 P.002/002 F-906 r~?~. k.. N _ y-.~~T ioGo6 ~E 4lh Street PO Qox 9o8os, aeri-oz. 9ellevue. Washi^gCOn g8oo9-osG3 CiphlLtg Scrvrce> (rortI Pugc~ Se~nC E^P'~! STREET LIGIiTING October 19, 2004 Steve Chamberlin Yelm Terra LLC 4200 6`~ Ave SE # 301 Lacey. Wr198503 16 Street Light For Yclm Terra r7ear Steve :4z5) h~b•z496 urt (cz5) r,62-;i49 r~ This is to confirm that the installation of 16 street lighting for Yelm Terra will start on November 1, 2004, that is providing the distribution system is installed and energized. Should you have any questions regardinb this information please reel free contact me at 4?~-4~6-259. Thank you very much for your cooperation. Sincerely. 7 ck Flannick Account iVlanager, Lighting Services 10/25/2004 09:07 3607865919 POTELCO OLY PAGE 01/01 POiELC01NC .~h.~ PUGE7SOUNDENERGV 2711 PACIFIC AVE SE OLYMPIA, WA 98501 ` FACSIMILE TRANSMISSION DATE: Q~ ~ y ArrN-- .,~/Arv. ~~ GOMPANY: FAX NUMBER SENT TO: 3(~Q) ~~~ Z~~Co TOTAL PAGC:S SENT . ~1 INCLUDE COVER FAX # FOR REPLY: 360) 7$g-Sg~9 ~~ ~E T.~o ~~~p A LU nl (~. D 5 ~'~iuE ~ ~ 5 P,4,~- o ~' TL7E ~~QC~` AiZ~ ~cr-iE:o~p ~o,z 1115 f 4y _1.H~' ~(1A !~-,4I3L~" - ~nco 'Tole G+c-YS Coc+.Lo ('t'~~'c'' ~ ~ 4' ~ HEMSEL jx, f ~7An1lc '}you , ~Lt.t,~S 7~ 1~~' ~ -~ ~CL til R.QA ~.LoT BE /~IUO ~IGrQ~ Old. ~e~~. ~~~ ~~: This facsimile may cAntain information that !s prtvileged, confidential and exempt from dlscbsure under appllcabfe law and Is intended Only far tfie usa of the Individual or entity to which !t is addressed: if the~readerof this fa~s;mite~•is---- __.__._,,._,_. ___ __ _~_` not the intended recipient or the employee or agent responsible for delivering the facsimile to the intended recipient. you are notified that any dissemination, distribution or copying of this facsimile is strictly prohibited, if you have received this facsimile in error, please notify us immediately by Telephone, and return the original f3~imile to us at the above address via the United postal Service. Thank you. C~:~IELEC. CONSTR. ~~GAS CONSTR. ~~ENGINEERING BY: ~ _~~Lz f~n.tG- PHONE: 31~G~ 7 $(D -5~ q~ 1-'csc.+~CR t'vLEs A~viJ G~y.y' 4vtR6S '~H ~'~ __ Yi::i:: ~: Yi~~ ir'i~u~iaY ii: ~ i:r a:~~i~~i: ~q i~Y i Wi~Y: a~i~i~ui: ------___--- -- -~ofT~ --- CITY OF _~_~_ ~° YELM PO.B°X4'9 33525 Yelm, WA 98597 RECEIPT No. 360-458-8403 RECEIVED ****ONE THOUSAND FOUR HUNDRED DOLLARS & 00 CENTS RECEIVED FROM DATE REC. NO. AMOUNT REF. NO. YELM TERRA LLC 10/20/04 33525 1.400.00 CHECK 1111 4200 6TH AVE SE *301 LACEY. WA 98503 MISCELLANEOUS RECEIPT DIANA CDD-04-107 a City of Yelm Invoice No. CDD-04-107 Community Development Department INVOICE - ~- ~.usiomer Name Yelm Terra LLC, Steve Chamberlain Address 4200 6th Ave. SE, Suite 301 City Lacey State WA ZIP 98503 Phone Hrs Description 2 ~ Remainder of payment for irrigation water meters. I ~) ~~; ~ Original bill was for 2 5/8" meters @ $300 each = $600 r Installed was 2 2" meters @ $1,000 each = $2,000 The difference between the $2,000 due and $600 paid is $1400 ($700 per meter) rayrnen[ veians O Cash O Check O Office Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 Date 10/7/2004 Order No. Rep FOB SUB-04-0157-YL Unit Price ~ TOTAL $700.00 $1,400.00 ; 7ia - ~`o~- 3 y3 - b~v ~ ~/ SubTotal $1,400.00 Shipping & Handling $0.00 Taxes WA TOTAL I $1,400.00 THANK YOU Bell Towne Centre 4200 Sixth Avenue SE, Suite #301 Lacey, WA 98509 (360) 493.6002 (360) 493.2476 Fax MEMORANDUM DATE: October 19, 2004 TO: Tammi City of Yelm FROM: Steven L. Chamberlain SUBJECT: Yelm Terra Final Plat SCA #03008 Attached are three (3) full size sets, one (1) 11x17 set and two (2) sets of Lot Closures. All redline corrections have been made per Geomatics letter and Pat Beehler's phone conversation with Dennis earlier today. I've also attached redlined prints. Yours truly, Steven L. Chamberlain Cc: Pat Beehler (K:/text/pf/2003/03008/corres/Tammi Memo101904) ~~~T~p City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 WASHINGTON October 19, 2004 Steve Chamberlain SCA Design Group 4200 6th Avenue SE, Suite 301 Lacey, WA 98503 Dear Steve: As of the City's inspection at approximately 2:00 PM on Tuesday afternoon, the following items have not been completed from previous punch lists: Damaged curbing needs to be replaced before issuance of first building permit, ''with savings account assignment of 150% of the anticipated cost of repair. A A sidewalk return at the west end of 105th (to be included in a savings account ~, ^ ssignment with curbing repairs). idewalks and ADA ramps are not complete. Street lights have not been installed. ~,n~%' -Guy wires on 105th have not been moved and the sidewalk and fence at these `' ~~ Irv locations have not been completed. ~~ ~ The ADA ramp on 3`d has a tripping hazard. . ~ The striping of 3`d and Mosman is not complete. Although you indicate that you don't believe this is,part of the land use approval, a fog line typically delineates a ~- oulder of the same surtace as the drive lane. This can be included in the ;~ .~sa~' ings account assignment for curb repair. _ f'l P ent for chip sealing. As this cost has not yet been received by the City, it alone would not hold up final subdivision approval provided a financial guarantee was provided for this work. ~~e signage is not complete and posts that have been set are not set in ~, concrete. ` The landscaping is incomplete Street trees did not follow approved planting plan Trees were planted within 5 feet of water main and chlorine contact line (360) 458-3835 (360) 458-3144 FAX r www.ci.yeLm.ma.ua Bell Towne Centre 4200 6~h Avenue SE, Suite 301 Lacey, WA 98503 (360) 493-6002 ~~~, (360) 493-2476 FAX Consulting Group DATE: October 19, 2004 SEND TO: Jim Gibson VIA: Hand-Carry LETTE R OF TRANSMITTAL SCA PROJECT NUMBER: 03008 AGENCY PROJECT NUMBER: PROJECT NAME: Yelm Terra COPIES DATE DESCRIPTION 1 10/18/04 Strom water Certification THESE ARE TRANSMITTED AS CHECKED BELOW: ^ FOR YOUR USE ® FOR REVIEW A COMMENT ^ FOR YOUR APPROVAL REMARKS: ^ AS REQUESTED ^ APPROVED AS NOTED ^ RETURNED FOR CORRECTIONS Jim Attached is appendix f of Thurston County DDECM certifying that the storm water system was constructed in accordance plans Bob TRANSMITTED BY: REH cc: File APPENDIX F ENGINEER'S CONSTRUCTION INSPECTION REPORT FORM Project Name Yelm Terra SCA Project Number 03008 Location (address, or other)• 105th Avenue SE, Yelm, Washington Facility Information 1. Type Stormwater infiltration ponds. 2(a). After pond construction, have infiltration tests and/or soillogs been completed? Due to the well draining nature of the on-site soils and the conscientious construction techniques used, we are confident that the pond will perform as designed and have deemed further tests unnecessary 2(b). Indicate test results and compare with design criteria (pre construction soils information). Do the post construction values indicate a need to modify system design? Explain. NA 3. Outlet Type NA Filter, OiUWater Separator, Single Orifice, OiUWater Separator, Multiple Orifice, Slot, V-notch, Other -Infiltration 4. Outlet works at correct elevation(s) filter fabric installed properly (zfneeded), etc. Yes. The ponds were constructed per the approved engineering plans. 5. Spillway at correct elevation, slope, adequately armored, etc. Yes. The spillway and pond slopes were constructed per engineered plans. Riprap is provided at the spillway. Conveyances 1. Channels properly graded, sloped, planted, etc. NA 2. Storm drains at proper grade, inlets as designed, trenches as designed. pipe bedding propellyprepared,. backfillingprocedures correct, materials as specified, etc. Yes. All of the above appeared to be constructed per engineered plans. As-built survey information indicates that proper grades and elevations were achieved Roof Leaders• 1. Do roofleaders drain to Infiltration trenches or as shown on the approved plans? NA Erosion Control 1. Erosion facihities in place at the specified time relative to other construction. Yes. Silt fencing and inlet protection was provided during construction per engineered plans. 2. Construction entrance pad as specked. Yes. The construction entrance was constructed as engineered plans. 3. Did facilities keep sediment, mud, etc. out of water bodies, wetlands, and from crossing the property boundary? Yes. The erosion control facilities appeared to adequately protect the adjacent properties 4. Az-e permanent erosion control measures in place and as designed? Yes. All inlet/outlets at culverts were armored with rip rap per engineered plans. Signature and Seal I or someone under my direct supervision have adequately inspected the project during construction and to the best of my knowledge, the project was built according to the approved plans and specifications except as noted above. Signature/Date t^ I o ~~ s:/~o (E\text\forms\sca\inspect.frm) i , -- - -~ ~ `~ .~ ~ n - -- - -- -- ~!.n ~~ II Y ~- _---- -- -- ~~' IID I,16 i __-_-.___ ,~~ ~~ ~~. ~ --~~ ii r 4200 Sixth Ave SE, Suite 301 Lacey, WA 98503 October 18, 2004 (360) 493-6002 Mr. Jim Gibson, Development Review Engineer (360) 493-2476 Fax Community Development Department sca@scaconsultinggroup.com 105 Yelm Avenue West www.thescagroup.com p0 BOX 479 Yelm, WA 98597 RE: YELM TERRA RESPONSE TO CONSTRUCTION PUNCH LIST SCA #03088 CITY OF YELM PROJECT NO. SUB-03-8353-YL Dear Jim: We received your punch list dated 10-11-04. The majority of which has been completed. Our response to each item is addressed as follows: 1. The slope of the ditch is too steep. It may have been ok before the paving however it needs less slope now. . Response: This work has been completed. 2. The signage needs to be installed on 105th. And reinstall the signage that was there before construction. Response: A/l signage along i 05th will be completed by Monday, October 18, 2004. 3. 15805 105th there appears to be some dirt on the south side of the ditch line that needs to be removed. Do not remove the Oregon Grape bushes that were planted there before this project started. Response: This work has been comp/eted. 4. Remove the misc. rocks etc. from between Mrs. Cloran's drive way and Dc. Hunter's driveway. This was the area that you were using the loader to turn around in before you were asked not to. It is private property.. Response: This work has been completed. 5. 105th needs to be striped. (centerline and both fog lines.) Response: 105th has been stripped. DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING PLANNING SURVEYING Mr. ]im Gibson October 18, 2004 Page 2 6. At the west end of 105r", a cable was pulled down off of the utility poles during the construction. It is now located in the bushes. This needs to be repaired. Response: The cable has been repaired. 7. Same location as No. 6, you placed fill and brush from the trimming of the trees on a private property. This needs to be removed. Response: This work has been completed. 8. West end of 105Th needs to have some fill added. We can not have the sidewalk, roadway and curb stopping in mid air. Slope needs to be min 3:1. Also a type 3 barricade needs to be installed in this location instead of the orange barrier fence." Response: A fence/barricade has been insta/led at the end of the sidewalk. 9. The removed asphalt needs to be picked up along 105TH Response: Asphalt has been removed. 10. Portions of the curbing need to be replaced. I have painted the curb in purple. Also I have painted the cracks. The curbing will need to be removed up to the nearest expansion joints. Response: As we've discussed It is our preference that we wait until a// construction has been completed. At such time al/ damaged curbs will be repaired to your satisfaction. 11. The area where you excavated a ditch for the installation of the streetlight removed and topsoil placed so the area can be hydroseeded. The hydroseeding can be accomplished when the landscapers are on site. Response: A// disturbed areas have been fine graded. Hydroseeding wi// be comp/eted by Friday, October 23, 2004. 12. The area behind the curbing on the north side of the intersection at 105/Clark needs to be cleaned up. Remove the trash, concrete and stakes etc. Add some top soil behind the curb to fill in the void behind the curb. Please do not add so much that it is going to erode into the curb line on the first rain. Response: This work has. been comp/eted. 1 i DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING PLANNING t SURVEYING L-1~~~~ Mr. Jim Gibson October 18, 2004 Page 3 Sewer Punch List Dated 10-07-04. Response: All items have been repaired, and signed off. Inspection Punch List Dated 10-15-04. 1. Has the site distance been verified at Clark Road/105`x' as required by the land use approval? Response: The site distance has been checked and is in excess of 280 ft for a Tee intersection and a left turning car. ~ The trees and brush that may have limited sight distance have been removed. 2. Portions of the sidewalks and ADA ramps have not been completed. Response: A// sidewa/k and ADA ramps are ,or have wi// be comp/eted by Monday, October 18, 2004. 3. The utility valves in 105th need to be reset. The valves are raised too .high in the roadway. Response: Utility valves on 105th have been reset. 4. The irrigation system is not completed and tested. Response: The majority of the required irrigation is insta//ed. Final testing and adjustments are occurring today October 18, 2004, and tomorrow October 19, 2004. Given the present wet weather, it is doubtful we will need it until next summer. 5. The streetlights have not been installed. Response: The streetlights have arrived and wi// be insta/led by PSE on October 19, 2004 and energized on November 2, 2004. 6. The fence needs to be completed. Response: The required fencing has been comp/eted. 7. Survey monuments need to be set in the centerline of the roadways. Response: The survey monuments have been insta/led. 1 i.~: DESIGNJBUILD CIVIL AND TRANSPORTATION ENGINEERING PLANNING SURVEYING L'1I~~ Mr. Jim Gibson October 18, 2004 Page 4 8. The guy wires along 105th need to be relocated to complete the sidewalk. Response: The guy wires are being done on October Z9, 2004, and the sidewalk comp/eted short/y thereafter. 9. I have marked up about %z of the plat for broken curbing. I have stopped marking up the curbs until the equipment, concrete trucks, and gravel trucks stop driving over the curbing where ever they need to. When they are driving over the curbs they increase the chances of breaking the curbing in another location: Response; A// damaged curbing is under a 1 year warranty and wi// be rep/aced weather permitting, as soon as possible. 10. The sidewalk and ADA ramps on 3rd Street are not completed. Response; Sidewalks and ADA ramps wi// be comp/ete as of Monday. October 18, 2004. ' 11. The restoration along 3rd Street not completed. See needs to sodded or hydroseeded. Response: Restoration is 99% complete on 103'x. All landscaped areas will be hydroseeded by weeks end, weather permitting. 12. The stripping on 3rd Street and Mossman is not completed. The county will not be stripping roadways this year in Yelm. Response: Stripping was not a condition of our final plat approval nor shou/d it be. This should not ho/d up final p/at approval. 13. The payment for chip sealing 3rd Street and Mossman has not been received. Response: We have not received an invoice from you for this work. Once we do it will be paid promptly. 14. The signage has not been installed. Response; A// signage will be installed by Monday, October I8, 2004, by the afternoon. , Other items: ^ Backfill of all sidewalks has been completed. 1 DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING PLANNING SURVEYING Lil~'~~ Mr. Jim Gibson October 18, 2004 Page 5 ^ Mailboxes on 105t" have been moved, as discussed. ^ Old survey stakes on 105t" have been removed. ^ The curb returns on 3~d and 105t" have been completed. ^ The old cars have been removed. ^ Asphalt patch on 3~d between curb and asphalt has been repaired. We have worked hard the last several weeks and believe we have substantially completed our final plat requirements. We respectfully request to be put on the next Council agenda. Any remaining items can be completed between now and before the final plat map is recorded. Please let me know if you have any questions. Thank you for your assistance. Very truly yours, SCA CONSULTING GROUP , Steven L. Chamberlain, P.E. President SLC~~ K: \TEXT\++Project ,Files++\2003 PF\03008\Gibson 101804.doc i DESIGN/BUILD CIVIL AND TRANSPORTATION ENGINEERING • PLANNING • SURVEYING '~~'~~ ~ ~ z ~ ~, ° O ~, U' Omo z;~~ ~ L~~ ~ ~~3o W ~~ ~ az~- ~ (/~aQN W moos, ~ ~l oYa ~ ~'~Q3 a W maQ a d`~~ ~ ~ N ~ O ~a.NO ~ Z W m 2 Z O 3 W m a v 0 0 0 = ° ° o ° ° N N N ~ N _ 2 m ti U In U W W O ~ ~ O 1- ~- ~ a U Z .`7 ~ a ~ ~. 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PROFESSIONAL LAND SURVEYORS 2625C Parkmont Lane S W, Suite 8 Olympia, WA 98502 AUGUST 31, 2004 ltv<<is~i~~r7~L~_/~ - 3~-Zc~- /~~ , ~~T ~ 91004 ?~(? ! f?T1, ntr v LOt C : ~Su+r~S - Drer~a row us : ng Stsr'J°~ /C : v'. l sol :.~t : ons fo r AutoCAD Bearing Mode Date Prepared: 8%31/2004 Drawing: PLATCHECK.dwg Measurement units: feet ---------------------------------------------------- V`L~~ TLOO^ Lot 1 ~ Bearing Distance Northing/Lat ------- - Fasting/Dep ------------- ------------ - --------- ------- 591t118.hh 1115275.96 Start (POB) J VVl3J'17" Y11 r~ 90.70 -90.90 -1.02 590919.68 1115274.94 ** horizontal C 5 84°47'26" w urve: 5.05 -0.46 -5.03 Chord pc-pt 5AQQ19.22 1115269.91 pt 590919.68 1115274.94 pc N 11°00 26 w ,I 25.00 24.54 -4.77 Radial In pc-rp 590944.22 1115270.17 rp Delta: 11°35' 45" Radius : 2 5.00 Length: 5.06 Tangent: 2.54 S 00°35'19" w 25.00 -25.00 -0.26 Radial out rp-pt 590919.22 1115269.91 pt N 89°Z4'41" w 64.97 0.67 -64.96 590919.89 1115204.95 N 00°35'19" E 100.00 100.00 1.02 591019.89 1115205.97 5 89°24 41 E ' 64.97 -0.67 64.97 591019.22 1115270.94 *x horizontal curve: 5 83°36'48" E 5.05 s 00°35'19" w Delta: 11°35'45" Radius: 25.00 Length: 5.06 Tangent: 2.54 N 12°11'04" E Closure in Lat/Dep: Starting Point: Area: 6,998.30 ft2 25.00 -0.56 5.02 chord pc-pt 591018.66 1115275.96 pt 591019.22 1115270.94 pc -25.00 -0.26 Radial In pc-rp 590994.22 1115270.68 rp 25.00 24.44 5.28 Radial Out rp-pt 591Q18,f,F, 1115275:96 pt 0.00 0.00 -------------- -------------- 591018.66 1.115175.96 0.16 Acres Page ~ Lot 2 ~ Bearing Distance Northing/Lat Easting/Dep ------------ -------- -- -------------- -------------- 591948.31 1115206.04 Start (POB) N 89d24'41" W 60.00 0.61 -60.00 591948.92 1115146.04 S OOd35'19" W 100.00 -99.99 -1.03 591848.93 1115145.01 S 89d24'41" E 60.00 -0.62 60.00 591848.31 1115205.01 N OOd35'19" E 100.00 100.00 1.03 591948.31 1115206.04 Closure in Lat/Dep: 0.00 0.00 ---------- -- Starting Point: -------------- -- 591948.31 1115206.04 Area: 6,000.00 ft2 0.14 Acres Lot 3 "~ Bearing Distance Northing/Lat Easting/Dep N 89d24'41" W S OOd35'19" W S 89d24' 41 " E N OOd35'19" E Closure in Lat/Dep Starting Point 591948.92 1115146.04 Start (POB) 60.00 0.62 -59.99 591949.54 1115086.05 100.00 -99.99 -1.03 591849.55 1115085.02 60.00 - 0.62 59.99 591848.93 1115145.01 100.00 99.99 1.03 591948.92 1115146.04 0.00 0.00 591948.92 1115146.04 Area: 6,000.00 ft2 0.14 Acres Lot 4 '~ Bearing Distance Northing/Lat Easting/Dep -------------- ------------ -------- -- -------------- 591949.54 1115086.05 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 591950.16 1115026.05 S OOd35'19" W 100.00 -100.00 -1.03 591850.16 1115025.02 S 89424'41" E 60.00 -0.61 60.00 591849.55 1115085.02 N 00435'19" E 100.00 99.99 1.03 591949.54 1115086.05 Closure in Lat/Dep: 0.00 0.00 ---------- Starting Point: -------------- ---- 591949.54 1115086.05 Area: 6,000.00 ft2 0.14 Acres Lot 5 ~ Bearing Distance Northing/Lat Easting/Dep 591950.16 1115026.05 Start (POB) N 89d24'41" W 60.00 0.61 -60.00 591950.77 1114966.05 S OOd35'19" W 100.00 -99.99 -1.03 591850.78 1114965.02 S 89d24'41" E 60.00 -0.62 60.00 591850.16 1115025.02 N OOd35'19" E 100.00 100.00 1.03 591950.16 1115026.05 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591950.16 1115026.05 Area: 6,000.00 ft2 0.14 Acres Lot 6 '~ Bearing Distance Northing/Lat Easting/Dep ------------ -------- -- -------------- -------------- 591950.77 1114966.05 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 591951.39 1114906.05 S OOd35'19" W 100.00 -99.99 -1.02 591851.40 1114905.03 S 89d24'41" E 60.00 -0.62 59.99 591850.78 1114965.02 N OOd35'19" E 100.00 99.99 1.03 591950.77 1114966.05 Closure in Lat/Dep: 0.00 0.00 - Starting Point: -- -------------- ----------- 591950.77 1114966.05 Area: 6,000.00 ft2 0.14 Acres Lot 7 r/ Bearing Distance Northing/Lat Easting/Dep - -------------- - ------------ -------- -- ----------- - 591951.39 1114906.05 Start (POB) N 89424'41" W 60.00 0.62 -59.99 591952.01 1114846.06 S 00435'19" W 100.00 -140.00 -1.03 591852.01 1114845.03 S 89424'41" E 60.00 -0.61 60.00 591851.40 1114905.03 N 00435'19" E 100.00 99.99 1.02 591951.39 1114906.05 Closure in Lat/Dep: 0.00 0.00 -------- Starting Point: -------------- ------ 591951.39 1114906.05 Area: 6,000.00 ft2 0.14 Acres Lot 8 ~ Bearing Distance Northing/Lat Easting/Dep --- -------------- ------------ -------- -- ----------- 591952.01 1114846.06 Start (POB) N 89424'41" W 60.00 0.61 -60.00 591952.62 1114786.06 S 00435'19" W 100.00 -99.99 -1.03 591852.63 1114785.03 S 89424'41" E 60.00 -0.62 60.00 591852.01 1114845.03 N 00435'19" E 100.00 100.00 1.03 591952.01 1114846.06 Closure in Lat/Dep: 0.00 0.00 ---------- Starting Point: -------------- ---- 591952.01 1114846.06 Area: 6,000.00 ft2 0.14 Acres Lot 9 Bearing Distance Northing/Lat Easting/Dep 591952.62 111478b.06 Start (POB} N 89424'41" W 60.00 0.62 -60.00 591953.24 1114726.06 S 00435'19" W 100.00 -100.00 -1.02 591853.24 1114725.04 S 89424'41" E 60.00 -0.61 59.99 591852.63 1114785.03 N 00435'19" E 100.00 99.99 1.03 591952.62 1114786.06 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591952.62 1114786.06 Area: 6,000.00 ft2 0.14 Acres Lot 10 '~ Bearing Distance Northing/Lat Easting/Dep 591953.24 1114726.06 Start (POB} N 89d24'41" W 60.00 0.62 -59.99 591953.86 1114666.07 S OOd35'19" W 100.00 -100.00 -1.03 591853.86 1114665.04 S 89d24'41" E 60.00 -0.62 60.00 591853.24 1114725.04 N OOd35'19" E 100.00 100.00 1.02 591953.24 1114726.06 Closure in Lat/Dep: 0.00 0.00 Starting Point: 591953.24 1114726.06 Area: 6,000.00 ft2 0.14 Acres ~ Lot 11 Bearing Dis tance Northing/Lat Easting/Dep -------------- ------------ -------- -- -------------- 591953.86 1114666.07 Start (POB) N 89d24'41" W 60.00 0.61 -60.00 591954.47 1114606.07 S OOd35'19" W 100.00 -99.99 -1.03 591854.48 1114605.04 S 89d24'41" E 60.00 -0.62 60.00 591853.86 1114665.04 N OOd35'19" E 100.00 100.00 1.03 591953.86 1114666.07 Closure in Lat/Dep: 0.00 0.00 ----- Starting Point: -------------- --------- 591953.86 1114666.07 Area: 6,000.00 ft2 0.14 Acres ~.: Lot 12 Bearing Distance Northing/Lat Easting/Dep ------------- -------------- ------------ -------- -- - 591954.47 1114606.07 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 591955.09 1114546.07 S OOd35'19" W 100.00 -100.00 -1.02 591855.09 1114545.05 S 89d24'41" E 60.00 -0.61 59.99 591854.48 1114605.04 N OOd35'19" E 100.00 99.99 1.03 591954.47 1114606.07 Closure in Lat/Dep: 0.00 0.00 --------- - Starting Point: - -------------- --- 591954.47 1114606.07 Area: 6,000.00 ft2 0.14 Acres Lot 13 v~ Bearing Distance Northing/Lat Fasting/Dep 591955.09 1114546.07 Start (POB) N 89d24'41" W 60.00 0.61 -59.99 591955.70 1114486.08 S OOd35'19" W 100.00 -99.99 -1.03 591855.71 1114485.05 S 89d24'41" E 60.00 -0.62 60.00 591855.09 1114545.05 N OOd35' 19" E 100.00 100.00 1.02 591955.09 1114546.07 Closure in Lat/Dep: 0.00 0.00 Starting Point: 591955.09 1114546.07 Area: 6,000.00 ft2 0.14 Acres Lot 14 '~ Bearing Distance Northing/Lat Easting/Dep 591955.70 1114486.08 Start (POB} N 89424'41" W 60.00 0.62 -60.00 591956.32 1114426.08 S 00435'19" W 100.00 -99.99 -1.03 591856.33 1114425.05 S 89424'41" E 60.00 -0.62 60.00 591855.71 1114485.05 N 00435'19" E 100.00 99.99 1.03 591955.70 1114486.08 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591955.70 1114486.08 Area: 6,000.00 ft2 0.14 Acres Lot 15 `, Bearing Distance Northing/Lat Easting/Dep ------------ -------------- ------------ ------- --- -- 591956.81 1114378.66 Start (POB) N 89424'41" W 70.00 0.72 -70.00 591957.53 1114308.66 S 00434'53" W 100.00 -100.00 -1.01 591857.53 1114307.65 S 89424'41" E 70.00 -0.72 69.99 591856.81 1114377.64 N 00434'53" E 100.00 100.00 1.02 591956.81 1114378.66 Closure in Lat/Dep: 0.00 0.00 ------ Starting Point: -------------- -------- 591956.81 1114378.66 Area: 7,000.00 ft2 0.16 Acres Lot 16 Bearing Distance Northing/Lat Easting/Dep ---- -------------- -------------- ------------ ------ 591957.53 1114308.66 Start (POB) N 89424'41" W 60.00 0.61 -59.99 591958.14 1114248.67 S 00434'53" W 100.00 -99.99 -1.02 591858.15 1114247.65 5 89424'41" E 60.00 -0.62 60.00 591857.53 1114307.65 N 00434'53" E 100.00 100.00 1.01 591957.53 1114308.66 Closure in Lat/Dep: 0.00 0.00 - -- Starting Point: - -------------- ---------- 591957.53 1114308.66 Area: 6,000.00 ft2 0.14 Acres Lot 17 '~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 591958.14 1114248.67 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 591958.76 1114188.67 S OOd34'S3" W 100.00 -99.99 -1.02 591858.77 1114187.65 S 89d24'41" E 60.00 -0.62 60.00 591858.15 1114247.65 N OOd34'S3" E 100.00 99.99 1.02 591958.14 1114248.67 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591958.14 1114248.67 Area: 6,000.00 ft2 0.14 Acres Lot 18 ~ Bearing Distance Northing/Lat Easting/Dep 591958.76 1114188.67 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 591959.38 1114128.67 S OOd34'S3" W 100.00 -100.00 -1.01 591859.38 1114127.66 S 89d24'41" E 60.00 -0.61 59.99 591858.77 1114187.65 N OOd34'S3" E 100.00 99.99 1.02 591958.76 1114188.67 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591958.76 1114188.67 Area: 6,000.00 ft2 0.14 Acres Lot 19 ~~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 591959.38 1114128.67 Start (POB) N 89d24'41" W 60.00 0.61 -59.99 591959.99 1114068.68 S OOd34'S3" W 100.00 -99.99 -1.02 591860.00 1114067.66 S 89d24'41" E 60.00 -0.62 60.00 591859.38 1114127.66 N OOd34' S 3 " E 100.00 100.00 1.01 591959.38 1114128.67 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591959.38 1114128.67 Area: 6,000.00 ft2 0.14 Acres Lot 20 Bearing Distance Northing/Lat Easting/Dep N 89d24' 41 " W S OOd34'S3" W S 89d24'41" E N OOd34'S3" E Closure in Lat/Dep Starting Point: 591959.99 1114068.68 Start (POB} 60.00 0.62 -60.00 591960.61 1114008.68 100.00 - 100.00 -1.02 591860.61 111407.66 60.00 - 0.61 60.00 591860.00 1114067.66 100.00 99.99 1.02 591959.99 1114068.68 0 .00 0.00 591959.99 1114068.68 Area: 6,000.00 ft2 0.14 Acres Lot 21 ''"~ Bearing Distance Northing/Lat Easting/Dep 591960.61 1114008.68 Start (POB) N 89424'41" W 60.00 0.62 -60.00 591961.23 1113948.68 S 00434'53" W100.00 -100.00 -1.01 591861.23 1113947.67 S 89424'41" E 60.00 -0.62 59.99 591860.61 1114007.66 N 00434'53" E 100.00 100.00 1.02 591960.61 1114008.68 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591960.61 1114008.68 Area: 6,000.00 ft2 0.14 Acres Lot 22 `~ Bearing Distance Northing/Lat Easting/Dep - -------------- -------------- ------------ -------- - 591961.23 1113948.68 Start (POB) N 89d24'41" W 60.00 0.61 -59.99 591961.84 1113888.69 S OOd34'S3" W 100.00 -99.99 -1.02 591861.85 1113887.67 S 89d24'41" E 60.00 -0.62 60.00 591861.23 1113947.67 N OOd34'S3" E 100.00 100.00 1.01 591961.23 1113948.68 Closure in Lat/Dep: 0.00 0.00 ------- Starting Point: -------------- ------- 591961.23 1113948.68 Area: 6,000.00 ft2 0.14 Acres 1360 LoT 23.ptc.txt ---------------------------------------------------- YELM TERRA LOT 23 Bearing Distance Northing/Lat Fasting/Dep ------------ ---------- -------------- -------------- Starting Point: 591033.42 Distance Error: East 0.01 Total Distance: 320.06 Accuracy Ratio: 1:32,006 Area: 6,003.15 ft2 0.14 Acres N 89°24'41" w 60.00 5 00°37'03" w 100.00 5 89°24'41" E 60.06 N 00°34'53" E 100.00 Closure in Lat/Dep: 591433.42 0.62 591034.04 .99.99 590934.05 -0.62 591}933.43 99.99 591033.42 0.00 -------------- 1113888.69 start (ROB) -60.00 1113828.69 -1.a8 1113827.61 60.06 1113887.67 1.01 1113888.68 0.01 1113888.69 0 Page 1 Date Prepared: 10/13/2004 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra LOt 24 ~' Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- N 00°38'47" E 70.00 S 89°24'41" E 100.00 S 00°38'47" W 70.00 N 89°24'41" W 100.00 Closure in Lat/Dep: Starting Point: 591005.93 70.00 591075.93 591074.90 -1.03 -70.00 591004.90 1.03 591005.93 0.00 591005.93 1113647.39 Start (PQB) 0.78 1113648.17 1113748.17 100.00 -0.79 1113747.38 -99.99 1113647.39 0.00 1113647.39 Area: 7,000.00 ft2 0.16 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra Lot 25 v Bearing Distance ------------ ---------- N 00038'47" E 60.00 5 89024'41" E 5 00038'47" w 100.00 60.00 N 89024'41" W 100.00 Closure in Lat/Dep: Starting Point: Northing/Lat 591075.93 59.99 591135.92 -1.02 591134.90 -60.00 591074.90 1.03 591075.93 0.00 591075.93 Fasting/Dep 1113648.17 Start (POB) 0.68 1113648.85 100.00 1113748.85 -0.68 1113748.17 -100.00 1113648.17 0.00 1113648.17 Area: 6,000.00 ft2 0.14 Acres Date Prepared: 10/13/2004 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 1360-PLAT.dwg Measurement Units: feet ---------------------------------------------------- Bearing Mode Yelm Terra Lot 26 Bearing N 00°38'47" E S 89°24'41" E S 00°38'47" W Distance 60.00 100.00 60.00 N 89°24'41" W 100.00 Closure in Lat/Dep: Northing/Lat 591135.92 60.00 591195.92 -1.03 591194.89 -59.99 591134.90 591135.92 1.a2 0.00 Fasting/Dep 1113648.85 Start (POB) 0.68 1113649.53 99.99 1113749.52 -0.67 1113748.85 1113648.85 -loo.oo 0.00 Starting Point: 591135.92 1113648.85 Lot Closures - Prepared using survey/Civil solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra Lot 27 '~ Bearing Distance ------------ ---------- N 00x38'47" E 60.00 S 89x24'41" E 100.00 5 OOra38'47" w 60.00 N 89x24'41" w 100.00 Closure in Lat/Dep: starting Point: Northing/Lat 591195.92 60.00 591255.92 -1.03 591254.89 -60.00 591194.89 1.03 591195.92 0.00 591195.92 Fasting/Dep 1113649.53 start (PO6) 0.68 1113650.21 99.99 1113750.20 -0.68 1113749.52 -99.99 1113649.53 0.00 1113649.53 Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg ---------------------------------------------------- Measurement Units: feet Yelm Terra Lot 28- `~ -- Bearing N 00°38'47" E Bearing Mode S 89°24'41" E S 00°38'47" W 100.00 60.00 591315.91 -1.03 591314.88 -59.99 591254.89 1.03 591255.92 0.00 N 89°24'41" W 100.00 Closure in Lat/Dep: Starting Point: Distance Northing/Lat Easting/Dep ---------- -------------- -------------- 591255.92 1113650.21 Start (POB) 60.00 59.99 0.67 591255.92 1113650.88 100.00 1113750.88 -0.68 1113750.20 -99.99 1113650.21 0.00 1113650.21 Area: 6,000.00 ft2 0.14 Acres 1360-LOT 29.ptc Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra Lot 29 '~ Bearing Distance Northing/Lat 591315.91 60.00 591375.91 -1.05 591374.86 Fasting/Dep 1113650.88 Start (POB) 0.68 1113651.56 102.40 1113753.96 N 00°38'47" E 60.00 5 89°24'41" E 102.41 *~ Horizontal curve: 5 06°46'59" w 22.60 5 77°04'51" E 105.50 Delta: 12°16'24" Radius: 105.50 Length: 22.60 Tangent: 11.34 N 89°21'12" w 105.50 5 00°38'47" w 37.58 N 89°24'41" w 100.00 Closure in Lat/Dep: Starting Point: -22.41 -2.66 Chord pc-pt 591352.45 1113751.30 pt 591374.86 1113753.96 pc -23.59 102.84 Radial In pc-rp 591351.27 1113856.80 rp 1.18 -105.50 Radial out rp-pt 591352.45 1113751.30 pt -37.57 591314.88 1.02 591315.90 0.01 591315.91 Distance Error: North 0.01 Total Distance: 322.59 Accuracy Ratio: 1:32,259 Area: 6,017.94 ft2 0.14 Acres -0.42 1113750.88 -100.00 1113650.88 0.00 1113650.88 Page 1 1360 LoT 30.ptc Lot Closures - Prepared using survey/civil solutions for AutoCAD Bearing Mode Date Prepared: 10/16/2004 Drawing: 1360-PLAT.dwg Measurement units: feet YELM TERRA LOT 30 Bearing Distance ------------ ---------- N 44°22'57" w 33.05 N 89°24'41" w 94.70 5 00°38'47" w 60.00 s 89°24'41" E 102.41 ** Horizontal Curve: N 23°48'17" E 39.84 5 77°04'49" E 105.50 Delta: 21°46'12" Radius: 105.50 Length: 40.09 Tangent: 20.29 N 55°18'37" w 105.50 Northing/Lat 591411.31 23.62 591434.93 0.97 591435.90 -59.99 591375.91 -1.05 591374.86 36.45 591411.31 591374.86 -23.59 591351.27 60.04 591411.31 Closure in Lat/Dep: 0.00 -------------- Starting Point: 591411.31 Distance Error: East 0.01 Total Distance: 330.25 Accuracy Ratio: 1:33,025 Area: 6,474.10 ft2 0.15 Acres 0 Fasting/Dep 1113770.05 start (Pp6} -23.12 1113746.93 -94.69 1113652.24 -0.68 1113651.56 102.40 1113753.96 16.08 Chord pc-pt 1113770.04 pt 1113753.96 pc 102.83 Radial In pc-rp 1113856.79 rp -86.75 Radial out rp-pt 1113770.04 pt 0.01 -------------- 1113770.45 Page 1 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 8/31/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet YELM TERRA ~~ Lot 31 Bearing Distance Northing/Lat ------------ - - Fasting/Dep ------------- ------------ - --------- - 592651.14 1113753.81 start (POB) 5 OOd35'19" w 39.45 -39.45 -0.41 592611.69 1113753.40 5 44d22'S7" E 42.32 -30.25 29.60 592581.44 1113783.00 ** Horizontal C urve: 5 40d09'10" w 20.09 -15.35 -12.95 Chord pc-pt 592566.09 1113770.05 pt 592581.44 1113783.00 pc 5 44d23'O1" E 105.50 -75.40 73.79 Radial In pc-rp 592506.04 1113856.79 rp Delta: 1Od55' 40" Radius: 105.50 Length: 20.12 Tangent: 10.09 N 55d18'40" w 105.50 60.05 -86.74 Radial out rp-pt 592566.09 1113770.05 pt N 44d22'S7" w 33.05 23.62 -23.12 592589.71 1113746.93 N 89d24'41" w 94.70 0.97 -94.69 592590.68 1113652.24 N OOd38'47" E 61.50 61.50 0.69 592652.18 1113652.93 5 89d24'41" E 100.88 -1.04 100.87 592651.14 1113753.80 Closure in Lat/ Dep: 0.00 0.01 -------- starting Point: -------------- 592651.14 ------ 1113753.81 Distance Error: East 0.01 Total Distance: 392.03 Accuracy Ratio: 1:39,203 Area: 6,884.59 ft2 0.16 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/14/2004 Yelm Terra Measurement Units: feet ---------------------------------------------------- Drawing: 1360-PLAT.dwg Bearing Mode Lot 32 Bearing ------------ - Distance --------- Northing/Lat -------------- S 00°35'19" W 92.67 -92.67 591557.66 591464.99 591439.29 S 44°22'57" E 35.96 -25.70 ** Horizontal Curve: S 51°04'49" W 20.09 -12.62 591439.29 591426.67 S 33°27'21" E 105.50 -88.02 591351.27 Delta: 10°55' 39" Radius: 105.50 Length: 20.12 Tangent: 10.09 N 44°23'01" W 105.50 75.40 Fasting/Dep -------------- -0.95 1113508.02 Start (POB) 1113507.07 1113532.22 25.15 -15.63 Chord pc-pt 1113532.22 pc 1113516.59 pt 58.17 Radial In pc-rp 1113590.39 rp -73.80 Radial Out rp-pt 591426.67 N 44°22'57" W 42.32 30.24 591456.91 N 00°35'19" E 39.45 39.45 591496.36 N 89°24'41" W 100.88 1.04 591497.40 591558.89 N 00°38'47" E 61.50 61.49 S 89°24'41" E 120.82 -1.24 591557.65 Closure in Lat/Dep: 0.01 Starting Po int: ----- --------- 591557.66 Distance Er ror: N 45°00'00" W 0.01 1113516.59 pt -29.60 1113486.99 0.41 1113487.40 -100.88 1113386.52 1113387.22 0.70 120.81 1113508.03 -o.al 1113508.02 Total Distance: 513.73 Accuracy Ratio: 1:36,326 Area: 8,914.97 ft2 0.20 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/14/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra Lot 33 `~ Bearing Distance Northing/Lat ------------ ---------- -------------- 591454.97 ~~ Horizontal Curve: s 67058'15" w 41.80 -15.68 591439.29 ~~ 591454.97 5 10036 09 E 105.50 -103.70 591351.27 Delta: 22551'13" Radius: 105.50 Length: 42.08 Tangent: 21.32 N 33027'21" w 105.50 N 44022'57" w 35.96 N OOo35'19" E 92.67 5 89024'41" E 64.00 5 00035'19" w 102.04 Closure in Lat/Dep: Starting Point: 88.02 591439.29 25.70 591464.99 92.67 591557.66 -0.66 591557.00 -102.03 591454.97 0.00 591454.97 Fasting/Dep -------------- 1113424.26 start <POB) -38.75 chord pc-pt 1113385.51 pt 1113424.26 pc 19.41 Radial In pc-rp 1113443.67 rp -58.16 Radial out rp-pt 1113385.51 pt -25.15 1113360.36 0.95 1113361.31 64.00 1113425.31 -1.05 1113424.26 0.00 1113424.26 Distance Error: N 45000'00" w 0.00 Total Distance: 336.75 Flat Closure Area: 6,867.33 ft2 0.16 Acres 1360-LOT 34.ptc Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra Lot 34 °~~ Bearing Distance ------------ ---------- Northing/Lat Fasting/Dep 5 89024'41" E 64.00 5 00035'19" w 100.03 N 89024'41" w 43.53 ** Horizontal Curve: S 84059'38" w 20.57 5 00035'19" w 105.50 Delta: 11011'23" Radius: 105.50 Length: 20.60 Tangent: 10.33 N 10036'04" w 105.50 591557.00 -0.66 591556.34 -100.02 591456.32 0.44 591456.76 -1.79 591454.97 591456.76 -105.49 591351.27 103.70 591454.97 N 00035'19" E 102.04 102.03 591557.00 Closure in Lat/Dep: 0.00 -------------- starting Point: 591557.00 Distance Error: North 0.00 Total Distance: 330.20 Flat Closure Area: 6,415.61 ft2 0.15 Acres 1113838.43 start (PO6) 64.00 1113902.43 -1.03 1113901.40 -43.52 1113857.88 -20.50 Chord pc-pt 1113837.38 pt 1113857.88 pc -1.09 Radial In pc-rp 1113856.79 rp -19.41 Radial out rp-pt 1113837.38 pt 1.05 1113838.43 0.00 -------------- 1113838.43 Page 1 Lot 35 ~,; Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592484.10 1113966.43 Start (POB) N 89d24'41" W 64.00 0.66 -64.00 592484.76 1113902.43 S OOd35'19" W 100.03 -100.03 -1.03 592384.73 1113901.40 S 89424'41" E 64.00 -0.65 64.00 592384.08 1113965.40 N 00435'19" E 100.03 100.02 1.03 592484.10 1113966.43 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592484.10 1113966.43 Area: 6,401.97 ft2 0.15 Acres Lot 36 ''~ Bearing Distance Northing/Lat Easting/Dep 592483.44 1114030.42 Start (POB} N 89d24'41" W 64.00 0.66 -63.99 592484.10 1113966.43 S OOd35'19" W 100.03 -100.02 -1.03 592384.08 1113965.40 S 89d24'41" E 64.00 -0.66 64.00 592383.42 1114029.40 N OOd35'i9" E 100.03 100.02 1.02 592483.44 1114030.42 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592483.44 1114030.42 Area: 6,401.97 ft2 0.15 Acres Lot 37 "` Bearing Distance Northing/Lat Easting/Dep 592482.79 1114094.42 Start (POB) N 89d24'41" W 64.00 0.65 -64.00 592483.44 1114030.42 S OOd35'19" W 100.03 -100.02 -1.02 592383.42 1114029.40 S 89d24'41" E 64.00 -0.66 63.99 592382.76 1114093.39 N OOd35'19" E 100.03 100.03 1.03 592482.79 1114094.42 Closure in Lat/Dep: 0.00 0.00 Starting Point: 592482.79 1114094.42 Area: 6,401.97 ft2 0.15 Acres Date Prepared: 10/13/2004 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra Lot 3 8 '"~ Bearing S 89°24'41" E S 00°35'19" W Bearing Mode N 89°24'41" W 64.00 100.03 64.00 N 00°35'19" E 100.03 Closure in Lat/Dep: Starting Point: Distance Northing/Lat 591554.37 -0.66 -100.02 591553.71 591453.69 0.65 591454.34 100.03 591554.37 0.00 591554.37 Fasting/Dep -------------- 1114094.42 Start (POB) 64.00 -1.03 1114158.42 1114157.39 -64.00 1114093.39 1.03 1114094.42 0.00 1114094.42 Area: 6,401.97 ft2 0.15. Acres Lot closures - Prepared using survey/civil solutions far AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra Lot 39 ~~ Bearing Distance Northing/Lat ------------- - Fasting/Dep ------------- ------------ - --------- - 591553.71 1114158.42 start (POB) 5 89024'41" E 70.00 -0.72 69.99 591552.99 1114228.41 ~~ 5 00035 19 w 75.03 -75.02 -0.77 591477.97 1114227.64 ** Horizontal C urve: 5 45035'19" w 35.36 -24.75 -25.26 chord pc-pt 591453.22 1114202.38 pt 591477.97 1114227.64 pc N 89024'41" w 25.00 0.25 -25.00 Radial In pc-rp 591478.22 1114202.64 rp Delta: 90000' 00" Radius: 25.00 Length: 39.27 Tangent: 25.00 5 00035'19" w 25.00 -25.00 -0.26 Radial Out rp-pt 591453.22 1114202.38 pt N 89024'41" w 45.00 0.46 -44.99 591453.68 1114157.39 ~~ N 00035 19 E 100.03 100.03 1.02 591553.71 1114158.41 Closure in Lat/ Dep: 0.00 0.01 starting Point: -------------- - 591553.71 ------------- 1114158.42 Distance Error: East 0.01 Total Distance: 329.33 Accuracy Ratio: 1:32,933 Area: 6,868.03 ft2 0.16 Acres Date Prepared: 10/13/2004 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 1360-PLAT.dwg Measurement Units: feet ---------------------------------------------------- Yelm Terra Bearing Mode Lot 40 / Bearing S 00°35'19" W N 89°24'41" W 100.03 55.00 ** Horizontal Curve: N 44°24'41" W 35.36 N 00°35'19" E 25.00 Delta: 90°00'00" Radius: 25.00 Length: 39.27 Tangent: 25.00 N 89°24'41" W 25.00 N 00°35'19" E 75.03 S 89°24'41" E 80.00 Closure in Lat/Dep: Starting Point: Northing/Lat --------- Easting/Dep -------------- ----- 591551.55 1114368.41 Start (POB? -100.02 -1.03 591451.53 1114367.38 0.56 -55.00 591452.09 1114312.38 591477.35 1114287.64 pt 25.26 -24.74 Chord pc-pt 591452.09 1114312.38 pc 25.00 0.26 Radial In pc-rp 591477.09 1114312.64 rp 0.26 -25.00 Radial Out rp-pt 591477.35 1114287.64 pt 75.03 591552.38 -0.82 -0.01 591551.56 591551.55 Distance Error: S 45°00'00" E 0.01 Total Distance: 349.33 Accuracy Ratio: 1:24,701 Area: 7,868.34 ft2 0.18 Acres Distance 0.77 1114288.41 79.99 0.01 1114368.40 1114368.41 Lot 41 `~ Bearing Distance Northing/Lat Easting/Dep 592478.69 1114493.16 Start (POB} N 89d24'41" W 60.00 0.62 -60.00 592479.31 1114433.16 S OOd38'47" ~V 100.03 -100.03 -1.13 592379.28 1114432.03 S 89d24'41" E 60.00 -0.61 60.00 592378.67 1114492.03 N OOd38'47" E 100.03 100.02 1.13 592478.69 1114493.16 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592478.69 1114493.16 Area: 6,001.85 ft2 0.14 Acres Lot 42 ~-'~~ Bearing Distance Northing/Lat Easting/Dep 592478.07 1114553.15 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592478.69 1114493.16 S OOd38'47" W 100.03 -100.02 -1.13 592378.67 1114492.03 S 89d24'41" E 60.00 -0.62 60.00 592378.05 1114552.03 N OOd38'47" E 100.03 100.02 1.12 592478.07 1114553.15 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592478.07 1114553.15 Area: 6,001.85 ft2 0.14 Acres Lot 43 ` ~ Bearing Distance Northing/Lat Fasting/Dep --------- -------------- ------------ -------- -- ----- 592477.46 1114613.15 Start (POB) N 89424'41" W 60.00 0.61 -59.99 592478.07 1114553.16 S 00438'47" W 100.03 -100.02 -1.13 592378.05 1114552.03 S 89424'41" E 60.00 -0.62 59.99 592377.43 1114612.02 N 00438'47" E 100.03 100.03 1.13 592477.46 1114613.15 Closure in Lat/Dep: 0.00 0.00 --------- Starting Point: -------------- ----- 592477.46 1114613.15 Area: 6,001.85 ft2 0.14 Acres Lot 44 f Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592476.84 1114673.15 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592477.46 1114613.15 S OOd38'47" W 100.03 -100.03 -1.13 592377.43 1114612.02 S 89d24'41" E 60.00 -0.61 60.00 592376.82 1114672.02 N OOd38'47" E 100.03 100.02 1.13 592476.84 1114673.15 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592476.84 1114673.15 Area: 6,041.85 ft2 0.14 Acres Lot 45 c Bearing Distance Northing/Lat Easting/Dep 592476.23 1114733.15 Start (POB) N 89d24'41" W 60.00 0.61 -60.00 592476.84 1114673.15 S OOd38'47" W 100.03 -1(?0.02 -1.13 592376.82 1114672.02 S 89d24'41" E 60.00 -0.62 60.00 592376.20 1114732.02 N OOd38'47" E 100.03 100.03 1.13 592476.23 1114733.15 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592476.23 1114733.15 Area: 6,001.85 ft2 0.14 Acres Lot 46 "~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592475.61 1114793.14 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592476.23 1114733.15 S OOd38'47" W 100.03 -100.03 -1.13 592376.20 1114732.02 S 89d24'41" E 60.00 -0.61 59.99 592375.59 1114792.01 N OOd38'47" E 100.03 100.02 1.13 592475.61 1114793.14 Closure in Lat/Dep: 0.00 0.00 Starting Point: 592475.61 1114793.14 Area: 6,001.85 ft2 0.14 Acres Lot 47 ~ Bearing Distance Northing/Lat Easting/Dep ------------ -------- -- -------------- -------------- 592474.99 1114853.14 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592475.61 1114793.14 S OOd38'47" W 100.03 -100.02 -1.13 592375.59 1114792.01 S 89d24'41" E 60.00 -0.62 60.00 592374.97 1114852.01 N OOd38'47" E 100.03 100.02 1.13 592474.99 1114853.14 Closure in Lat/Dep: 0.00 0.00 ----- - Starting Point: - -------------- ------- 592474.99 1114853.14 Area: 6,001.85 ft2 0.14 Acres Lot 48 i ~/' Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592474.38 1114913.14 Start (POB) N 89d24'41" W 60.00 0.61 -60.00 592474.99 1114853.14 S OOd38'47" W 100.03 -100.02 -1.13 592374.97 1114852.01 S 89d24'41" E 35.77 -0.37 35.77 592374.60 1114887.78 ** Horizontal Curve: S 84d03'43" E 24.33 -2.52 24.20 Chord pc-pt 592372.08 1114911.98 pt 592374.60 1114887.78 pc S OOd35' 19" W 130.50 -130.49 -1.34 Radial In pc-rp 592244.11 1114886.44 rp Delta: l Od41'S6" Radius: 130.50 Length: 24.37 Tangent: 12.22 N 1 ldl7' 15" E 130.50 127.97 25.54 Radial Out rp-pt 592372.08 1114911.98 pt N OOd38'47" E 102.30 102.30 1.15 592474.38 1114913.13 Closure in Lat/Dep: 0.00 0.01 -------------- -------------- Starting Point: 592474.38 1114913.14 Distance Error: East 0.01 Total Distance: 15799.64 Accuracy Ratio: 1:1,579,964 Area: 6,020.11 ft2 0.14 Acres Lot 49 v Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592459.27 1114998.26 Start (POB) N 44d26'S1" W 20.14 14.38 -14.10 592473.65 1114984.16 N 89d24'41" W 71.03 0.73 -71.02 592474.38 1114913.14 S OOd38'47" W 102.30 -102.30 -1.16 592372.08 1114911.98 ** Horizontal Curve: S 72d00'37" E 30.46 -9.40 28.97 Chord pc-pt 592362.68 1114940.95 pt 592372.08 1114911.98 pc S 11 d 17' 15" W 130.50 -127.97 -25.54 Radial In pc-rp 592244.11 1114886.44 rp Delta: 13d24' 17" Radius: 130.50 Length: 30.53 Tangent: 15.34 N 24d41'32" E 130.50 118.57 54.51 Radial Out rp-pt 592362.68 1114940.95 pt N 24d46' 11 " E 81.24 73.76 34.04 592436.44 1114974.99 N 45d33'09" E 32.60 22.83 23.27 592459.27 1114998.26 Closure in Lat/Dep: 0.00 0.00 Starting Point: 592459.27 1114998.26 Distance Error: East 0.00 Total Distance: 16137.48 Flat Closure Area: 6,049.05 ft2 0.14 Acres Lot 50 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592411.23 1115045.38 Start (POB) N 44d26' S 1 " W 67.29 48.04 -47.12 592459.27 1114998.26 S 45d33'09" W 32.60 -22.83 -23.27 592436.44 1114974.99 S 24d46'll" W 81.24 -73.76 -34.04 592362.68 1114940.95 ** Horizontal Curve: S 56438' 12" E 39.35 -21.64 32.87 Chord pc-pt 592341.04 1114973.82 pt 592362.68 1114940.95 pc S 24441'32" W 130.50 -118.57 -54.51 Radial In pc-rp 592244.11 1114886.44 rp Delta: 17420'31" Radius: 130.50 Length: 39.50 Tangent: 19.90 N 42402'03" E 130.50 96.93 87.38 Radial Out rp-pt 592341.04 1114973.82 pt N 45433'09" E 100.25 70.20 71.57 592411.24 1115045.39 Closure in Lat/Dep: -0.01 -0.01 -------------- -------------- Starting Point: 5924ll.23 1115045.38 Distance Error: S 45400'00" W 0.01 Total Distance: 16458.36 Accuracy Ratio: 1:1,163,782 Area: 6,010.67 ft2 0.14 Acres 1360-LOT 51.ptc Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet ---------------------------------------------------- Yelm Terra /' ~, Lot 51 Bearing Distance Northing/Lat Fasting/Dep ------------ ---------- -------------- -------------- 5 44026'51" E 60.00 s 45033'09" w 100.00 N 44026'51" w 51.99 ** Horizontal Curve: N 46012'24" w 8.01 5 45033'09" w 130.50 Delta: 3031'06" Radius: 130.50 Length: 8.01 Tangent: 4.01 N 42002'03" E 130.50 N 45033'09" E 100.25 Closure in Lat/Dep: Starting Point: 591482.81 -42.83 591439.98 -70.03 591369.95 37.12 591407.07 5.54 591412.61 591407.07 -91.38 591315.69 96.92 591412.61 70.20 591482.81 0.00 Distance Error: West Total Distance: 320.25 Accuracy Ratio: 1:32,025 Area: 6,000.66 ft2 0.14 Acres 591482.81 0.01 1115045.38 start (POB) 42.02 1115087.40 -71.39 1115016.01 -36.41 1114979.60 -5.78 chord pc-pt 1114973.82 pt 1114979.60 pc -93.15 Radial In pc-rp 1114886.45 rp 87.37 Radial out rp-pt 1114973.82 pt 71.57 1115045.39 -0.01 -------------- 1115045.38 Page 1 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra Bearing Mode Lot 52 =' Bearing S 44°26'51" E S 45°33'09" W N 44°26'51" W Distance 60.00 100.00 60.00 N 45°33'09" E 100.00 Closure in Lat/Dep: Starting Point: Northing/Lat 591439.98 -42.83 591397.15 -70.03 591327.12 42.83 591369.95 70.03 591439.98 0.00 591439.98 Fasting/Dep 1115087.40 Start (POB) 42.01 1115129.41 -71.39 1115058.02 -42.01 1115016.01 71.39 1115087.40 0.00 1115087.40 Area: 6,000.00 ft2 0.14 Acres 1360-LOT 53.ptc Lot Closures -Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT. dwg Measurement Units: feet Yelm Terra Lot 53 Bearing Distance Northing/Lat Easting/Dep 591397.15 1115129.41 Start (POB) S 44°26'51" E b0.00 -42.84 42.02 591354.31 1115171.43 S 45°33'09" W 100.00 -70.02 -71.39 591284.29 1115100.04 N 44°26'S1" W 60.00 42.83 -42.02 591327.12 1115058.02 N 45°33'09" E 100.00 70.03 71.39 591397.15 1115129.41 Closure in Lat/Dep: 0.00 0.00 --------- Starting Point: -------------- ----- 591397.15 1115129.41 Area: 6,000.00 ft2 0.14 Acres Page 1 Date Prepared: 10/13/2004 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra Lot 54 ~ Bearing S 44°26'51" E S 45°33'09" W N 44°26'51" W Distance 60.00 100.00 60.00 Northing/Lat 591354.31 -42.83 591311.48 -70.03 591241.45 42.84 591284.29 591354.31 70.02 Fasting/Dep 1115171.43 Start (POB) 42.01 1115213.44 -71.38 1115142.06 -42.02 1115100.04 1115171.43 71.39 N 45°33'09" E 100.00 Bearing Mode Closure in Lat/Dep: Starting Point: 0.00 -------------- 591354.31 0.00 -------------- 1115171.43 Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using Survey/Civil Solutions Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg ---------------------------------------------------- Measurement Units: feet Yelm Terra Bearing Mode Lot 55 c,~ Bearing S 44°26'51" E S 45°33'09" W N 44°26'51" W 60.00 100.00 60.00 N 45°33'09" E 100.00 Closure in Lat/Dep: Starting Point: Distance Northing/Lat 591311.48 591268.65 -42.83 -70.03 42.83 591198.62 591241.45 70.03 591311.48 0.00 591311.48 for AutoCAD Fasting/Dep 1115213.44 1115255.46 42.02 -71.39 -42.01 1115184.07 1115142.06 71.38 1115213.44 0.00 1115213.44 Start (POB) Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra Bearing Bearing Mode Lot 56 S 44°26'51" E S 45°33'09" W N 44°26'51" W Distance 60.00 100.00 60.00 N 45°33'09" E 100.00 Closure in Lat/Dep: Starting Point: Northing/Lat 591268.65 -42.84 591225.81 -70.02 42.83 591155.79 591198.62 70.03 591268.65 0.00 591268.65 Fasting/Dep 1115255.46 Start (POB) 42.02 1115297.48 -71.39 -42.02 1115226.09 1115184.07 71.39 1115255.46 0.00 1115255.46 Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 1360-PLAT.dwg Date Prepared: 10/13/2004 Measurement Units: feet Yelm Terra Lot 57 ---------------------------------------------------- Bearing S 44°26'51" E S 45°33'09" W N 44°26'51" W N 45°33'09" E Distance 60.00 100.00 60.00 100.00 Closure in Lat/Dep: Bearing Mode Starting Point: Northing/Lat 591225.81 -42.83 -70.03 591182.98 591112.95 42.84 591155.79 591225.81 70.02 0.00 591225.81 Fasting/Dep 1115297.48 Start (POB) 42.01 -71.39 1115339.49 1115268.10 -42.01 1115226.09 1115297.48 71.39 0.00 1115297.48 Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/14/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra Lot 58 Bearing Distance ------------ ---------- N 44026'51" W 60.00 N 45033'09" E 100.00 5 44026'51" E 60.00 s 45033'09" w 100.00 Closure in Lat/Dep: Starting Point: Northing/Lat 591174.62 42.83 591217.45 70.03 591287.48 -42.84 591244.64 -70.02 591174.62 0.00 591174.62 Fasting/Dep 1115557.98 start (PO6) -42.01 1115515.97 71.39 1115587.36 42.01 1115629.37 -71.39 1115557.98 0.00 1115557.98 Area: 6,000.00 ft2 0.14 Acres T.nt r I nciirac - Prapgrgrl iici ng Rttr~ralr%f Sri 1 4n1 yi~i nnc fnr Aiitnf'T~TI Bearing Mode Date Prepared: 10/18/2004 Drawing: 136(1-PLAT.dwg Measurement Units: feet ---------------------------------------------------- T.nt SG Bearing DiStdP.Ce ^Ierthing/Lat 591097.31 N 44°2E'S1" W 'v-0.00 42.64 591140.15 S 45°33'09" W 100.00 -70.03 591070.12 S 44°26'51" E 14.34 --10.24 591059.88 East~ng/Dep 1115423.52 Start (POB) -42.Ci 111538.51 -71.39 1115310.12 10.04 1115320.16 ** Horizontal Curve: S 32°11' 05" E 46.73 -39.55 24.89 Chord pc-pt 591020.33 1115345.05 pt 591059.88 1115320.16 pc S 45°33' 09" W 110.00 -77.03 -78.53 Radial In pc-rp 590982.85 1115241.63 rp Delta: 24°31'32" Radius: 110.00 Length: 47.09 Tangent: 23.91 N 70°04' 41" E 110.00 37.48 103.42 Radial Out rp-pt 591020.33 1115345.05 pt N 45°33'09" E 109.92 Closure in Lat/Dep: Starting Point: 76.98 78.47 591097.31 1115423.52 0.00 0.00 -------------- -------------- 591097.31 1115423.52 1360 LOT 60 REDO.ptC Lot closures - Prepared using survey/Civil solutions for AutocAD Bearing Mode Date Prepared: 10/18/2004 Drawing: 1360-PLAT.dwg Measurement units: feet ---------------------------------------------------- 0 ,~ Lot 60 Bearing --- Distance ---------- Northing/Lat -------------- --------- 591097.31 5 45°33'09" w 109.92 -76.97 591020.34 ** Horizontal curve: s 11°38'34" E 31.68 -31.03 590989.31 591020.34 S 70°04 41 w 110.00 -37.48 594982.86 Delta: 16°33'31" Radius: 110.00 Length: 31.79 Tangent: 16.01 N 86°38'12" E 110.00 Fasting/Dep. -------------- 1115423.52 start (PO6) -7$.47 1115345.05 6.39 Chord pc-pt 1115351.44 pt 1115345.05 pc -103.42 Radial In pc-rp 1115241.63 rp 6.45 109.81 Radial out rp-pt 594989.31 1115351.44 pt 5 89°24'41" E 179.84 -1.85 590987.46 tv 44°26'51" w 153.88 109.86 591097.32 Closure in Lat/Dep.: -0.01 -------------- Starting Point: 591097.31 Distance Error: south 0.01 Total Distance: 475.43 Accuracy Ratio: 1:47,543 Area: 11,217.14 ft2 0.26 Acres 179.83 1115531.27 -107.75 1115423.52 0..00 1115423.52 Page 1 Lot 61 `~ Bearing Distance Northing/Lat Easting/Dep - -------------- -------------- -- ------------ ------ - 592130.66 1115102.08 Start (POB) N 44426'81" W 60.00 42.83 -42.02 592173.49 1115060.06 S 45433'09" W 100.00 -70.02 -71.39 592103.47 1114988.67 S 44426' S 1 " E 60.00 -42.84 42.02 592060.63 1115030.69 N 45433'09" E 100.00 70.03 71.39 592130.66 1115102.08 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592130.66 1115102.08 Area: 6,000.00 ft2 0.14 Acres Lot 62 ~ Bearing Distance Northing/Lat Easting/Dep 592173.49 1115060.06 Start (POB) N 44d26'S1" W 60.00 42.84 -42.01 592216.33 1115018.05 S 45d33'09" W 100.00 -70.03 -71.39 592146.30 1114946.66 S 44d26' S 1 " E 60.00 -42.83 42.01 592103.47 1114988.67 N 45d33'09" E 100.00 70.02 71.39 592173.49 1115060.06 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592173.49 1115060.06 Area: 6,000.00 ft2 0.14 Acres Lot 63 `~ Bearing Distance Northing/Lat Easting/Dep 592216.33 1115018.05 Start (POB} N 44d26'S1" W 60.00 42.83 -42.02 592259.16 1114976.03 S 45d33'09" W 100.00 -70.03 -71.39 592189.13 1114904.64 S 44d26'S1" E 60.00 -42.83 42.02 592146.30 1114946.66 N 45d33'09" E 100.00 70.03 71.39 592216.33 1115018.05 Closure in Lat/Dep: 0.00 0.(}0 Starting Point: -------------- -------------- 592216.33 1115018.05 Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/17/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet YELM TERRA LOT 64 Bearing -------- ---- - Distance --------- Northing/Lat -------------- - Easting/Dep ------------- 591330.74 1114976.03 Start (POB) N 44°26' 52" W 51.99 37.12 -36.41 591367._86 1114939..62 ** Horizontal Curve: N 50°38' 51" W 16.09 10.20 -12.44 Chord pc-pt 591378.06 1114927.18 pt 591367.86 1114939.62 pc S 45°33' 08" W 74.50 -52.17 -53.18 Radial In pc-rp 591315.69 1114886.44 rp Delta: 12°23' 58" Radius: 74.50 Length: 16.12 Tangent: 8.09 N 33°09' 10" E 74.50 62.37 40.74 Radial Out rp-pt 591378.06 1114927.18 pt S 28°25'06" W 113.88 S 61°30'29" E 36.02 N 45°33'09" E 100.00 Closure in Lat/Dep: -100._16 591277.90 -17.18 591.2.00..72 70.02 591330.74 0.00 -54.19 1114872.99 31.65 1174904..64 71.39 1114976.03 0.00 Starting Point: 591330.74 1114976.03 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/17/2004 Drawing: 1360=PLAT.dwg Measurement Units: feet ---------------------------------------------------- LOT 65 ~ Bearing Distance Northing/Lat Fasting/Dep 591378.06 1114927.18 Start (POB) ** Horizontal Curve: N 73°07' 46" W 41.77 12.12 -39.97 Chord pc-pt 591390.18 1114887.21 pt 591378.06 1114927.18 pc S 33°09' 10" W 74.50 -62.37 -40.74 Radial In pc-rp 591315.69 1114886.44 rp Delta: 32°33' 51" Radius: 74.50 Length: 42.34 Tangent: 21.76 N 00°35' 19" E 74.50 74.49 0.77 Radial Out rp-pt 591390.18 1114887.21 pt N 89°24' 41" W 36.53 0.38 -36.53 591390.56 1114850.68 S 00°35' 1.9" W 100.00 -100..00 -1..03 591290.56 1114849.65 S 61°30' 29" E 26.55 -12.66 23.34 591277.90 11.1.4872..99 N 28°25' 06" E 113.88 100.15 54.19 591378.05 1114927.18 Closure in Lat/ Dep: 0.01 -------- - 0.00 ------------- Starting Point: ---- -- 591378.06 1114927.18 Distance Error: North 0.01 Total Di stance: 319.31 Accuracy Ratio: 1:31,931 Area: 5, 640.78 ft2 0.13 Acres Lot 66 ~~ Bearing Distance Northing/Lat Easting/Dep 592318.98 1114850.68 Start (POB) N 89d24'41" W 60.00 0.61 -60.00 592319.59 1114790.68 S OOd35'19" W 100.00 -99.99 -1.03 592219.60 1114789.65 S 89d24'41" E 60.00 -0.62 60.00 592218.98 1114849.65 N OOd35'19" E 100.00 100.00 1.03 592318.98 1114850.68 Closure in Lat/Dep: 0.00 0.00 Starting Point: 592318.98 1114850.68 Area: 6,000.00 ft2 0.14 Acres Lot 67 `~ Bearing Dis tance Northing/Lat Easting/Dep ---- -------------- ------------ -------- -- ---------- 592319.59 1114790.68 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592320.21 1114730.68 S OOd35'19" W 100.00 -99.99 -1.03 592220.22 1114729.65 S 89424'41" E 60.00 -0.62 60.00 592219.60 1114789.65 N 00435'19" E 100.00 99.99 1.03 592319.59 1114790.68 Closure in Lat/Dep: 0.00 0.00 -------- Starting Point: -------------- ------ 592319.59 1114790.68 Area: 6,000.00 ft2 0.14 Acres Lot 68 Bearing Distance Northing/Lat Easting/Dep 592320.21 1114730.68 Start (POB} N 89d24'41" W 60.00 0.62 -60.00 592320.83 1114670.68 S OOd35'19" W 100.00 -100.00 -1.02 592220.83 1114669.66 S 89d24'41" E 60.00 -0.61 59.99 592220.22 1114729.65 N OOd35' 19" E 100.00 99.99 1.03 592320.21 1114730.68 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592320.21 1114730.68 Area: 6,000.00 ft2 0.14 Acres Lot 69 '~ Bearing Distance Northing/Lat Easting/Dep --------- -------------- - ------------ -------- -- -- -- 592320.83 1114670.68 Start (POB) N 89d24'41" W 60.00 0.61 -59.99 592321.44 1114610.69 S OOd35'19" W 100.00 -99.99 -1.03 592221.45 1114609.66 S 89d24'41" E 60.00 -0.62 60.00 592220.83 1114669.66 N OOd35'19" E 100.00 100.00 1.02 592320.83 1114670.68 Closure in Lat/Dep: 0.00 0.00 ------ Starting Point: -------------- -------- 592320.83 1114670.68 Area: 6,000.00 ft2 0.14 Acres Lot 70 Bearing Distance Northing/Lat Easting/Dep ------------ ------- --- -------------- -------------- 592321.44 1114610.69 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592322.06 1114550.69 S OOd35'19" W 100.00 -99.99 -1.03 592222.07 1114549.66 S 89d24'41" E 60.00 -0.62 60.00 592221.45 1114609.66 N OOd35'19" E 100.00 99.99 1.03 592321.44 1114610.69 Closure in Lat/Dep: 0.00 0.00 - Starting Point: -------------- ------------- 592321.44 1114610.69 Area: 6,000.00 ft2 0.14 Acres Lot 71 `~ Bearing Distance Northing/Lat Easting/Dep ------------ ------- --- -------------- -------------- 592322.06 1114550.69 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592322.68 1114490.69 S OOd35'19" W 100.00 -100.00 -1.02 592222.68 1114489.67 S 89d24'41" E 60.00 -0.61 59.99 592222.07 1114549.66 N OOd35'19" E 100.00 99.99 1.03 592322.06 1114550.69 Closure in Lat/Dep: 0.00 0.00 ----- Starting Point: -------------- --------- 592322.06 1114550.69 Area: 6,000.00 ft2 0.14 Acres Lot 72 ~ Bearing Distance Northing/Lat Easting/Dep -- -------------- -------------- ------------ -------- 592322.68 1114490.69 Start (POB) N 89424' 41 " W 60.00 0.61 -59.99 592323.29 1114430.70 S 00435'19" W 100.00 -99.99 -1.03 592223.30 1114429.67 S 89424'41" E 60.00 -0.62 60.00 592222.68 1114489.67 N OOd35' 19" E 100.00 100.00 1.02 592322.68 1114490.69 Closure in Lat/Dep: 0.00 0.00 --------- - Starting Point: - -------------- --- 592322.68 1114490.69 Area: 6,000.00 ft2 0.14 Acres .~/ Lot 73 Bearing Distance Northing/Lat Easting/Dep ------ -------------- ------------ -------- -- -------- 592323.69 1114391.84 Start (POB} N 89424'41" W 70.00 0.72 -69.99 592324.41 1114321.85 S 00435'19" W 100.00 -99.99 -1.03 592224.42 1114320.82 S 89424'41" E 70.00 -0.72 70.00 592223.70 1114390.82 N 00435'19" E 100.00 99.99 1.02 592323.69 1114391.84 Closure in Lat/Dep: 0.00 0.00 ------- Starting Point: -------------- ------- 592323.69 1114391.84 Area: 7,000.00 ft2 0.16 Acres Lot 74 ~ Bearing Distance Northing/Lat Fasting/Dep ------------ ---------- -------------- -------------- 592325.48 1114217.57 Start (POB} N 89d24'41" W 70.00 0.72 -70.00 592326.20 1114147.57 S OOd35'19" W 100.00 -99.99 -1.02 592226.21 1114146.55 S 89d24'41" E 70.00 -0.72 69.99 592225.49 1114216.54 N OOd35'19" E 100.00 99.99 1.03 592325.48 1114217.57 Closure in LatJDep: 0.00 0.00 Starting Point: -------------- -------------- 592325.48 1114217.57 Area: 7,000.00 ft2 0.16 Acres Lot 75 '~ Bearing Distance Northing/Lat Easting/Dep 592326.20 1114147.57 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592326.82 1114087.58 S OOd35'19" W 100.00 -100.00 -1.03 592226.82 1114086.55 S 89d24'41" E 60.00 -0.61 60.00 592226.21 1114146.55 N OOd35'19" E 100.00 99.99 1.02 592326.20 1114147.57 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592326.20 1114147.57 Area: 6,000.00 ft2 0.14 Acres Lot 76 ~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592326.82 1114087.58 Start (POB} N 89d24'41" W 60.00 0.61 -60.00 592327.43 1114027.58 S OOd35'19" W 100.00 -99.99 -1.03 592227.44 1114026.55 S 89424'41" E 60.00 -0.62 60.00 592226.82 1114086.55 N 00435'19" E 100.00 100.00 1.03 592326.82 1114087.58 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592326.82 1114087.58 Area: 6,000.00 ft2 0.14 Acres Lot 77 ~ Bearing Distance Northing/Lat Fasting/Dep 592327.43 1114027.58 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592328.05 1113967.58 S OOd35'19" W 100.00 -99.99 -1.02 592228.06 1113966.56 S 89d24'41" E 60.00 -0.62 59.99 592227.44 1114026.55 N OOd35' 19" E 100.00 99.99 1.03 592327.43 1114027.58 Closure in LatlDep: 0.00 0.00 -------------- -------------- Starting Point: 592327.43 1114027.58 Area: 6,000.00 ft2 0.14 Acres Lot 78 '~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592328.05 1113967.58 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592328.67 1113907.59 S OOd35'19" W 66.00 -66.00 -0. b8 592262.67 1113906.91 S OOd35'19" W 34.00 -34.00 -0.35 592228.67 1113906.56 S 89d24'41" E 60.00 -0.61 60.00 592228.06 1113966.56 N OOd35' 19" E 100.00 99.99 1.02 592328.05 1113967.58 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592328.05 1113967.58 Area: 6,000.00 ft2 0.14 Acres Lot Closures - Prepared using survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra ~ Lot 79 ' Bearing Dis tance Northing/Lat ------- - Easting/Dep ------------- ------------ ----- ----- ------- 591400.25 1113907.59 start (POB) 5 00035 19 w t, 66.00 -66.00 -0.68 591334.25 1113906.91 N 89024 41 w ' 99.80 1.03 -99.80 591335.28 1113807.11 N 00038 47 E 11 16.55 16.55 0.19 591351.83 1113807.30 ** Horizontal Curve N 45037 03 E „ : 69.97 48.94 50.01 Chord pc-pt 591400.77 1113857.31 pt 591351.83 1113807.30 pc 5 89021'13" E 49.50 -0.56 49.50 Radial In pc-rp 591351.27 1113856.80 rp Delta: 89056'32" Radius: 49.50 Length: 77.70 Tangent: 49.45 N 00035'19" E 49.50 49.50 0.51 Radial out rp-pt 591400.77 1113857.31 pt 5 89024'41" E 50.29 -0.52 50.28 591400.25 1113907.59 Closure in Lat/Dep: 0.00 0.00 -------------- starting Point: -------------- 591400.25 1113907.59 Distance Error: west 0.00 Ta_tal Distance: 310.34 Flat Closure Area: 6,060.22 ft2 0.14 Acres Lot 80 'f Bearing Distance Northing/Lat Easting/Dep N 89d24'41" W S OOd38'47" W S 89d24'41" E N OOd35'19" E Closure in Lat/Dep Starting Point: 592262.67 1113906.91 Start (POB) 99.80 1.03 -99.80 592263.70 1113807.11 60.00 - 60.00 -0.67 592203.70 1113806.44 99.86 - 1.03 99.85 592202.67 1113906.29 60.00 60.00 0.62 592262.67 1113906.91 0.00 0.00 592262.67 1113906.91 Area: 5,990.01 ft2 0.14 Acres I.OI 81 `~ Bearing Distance Northing/Lat Easting/Dep N 89d24'41" W S OOd38'47" W S 89d24' 41 " E N OOd35' 19" E Closure in LatJDep Starting Point 592202.67 1113906.29 Start (POB) 99.86 1.03 -99.85 592203.70 1113806.44 60.00 - 60.00 -0.68 592143.70 1113805.76 99.92 - 1.02 99.92 592142.68 1113905.68 60.00 59.99 0.61 592202.67 1113906.29 0.00 0.00 592202.67 1113906.29 Area: 5,993.64 ft2 0.14 Acres Lot 82 '"~ ~ Bearing Distance Northing/Lat Easting/Dep 592117.68 1113905.42 Start (POB} N OOd35'19" E 25.00 25.00 0.26 592142.b8 1113905.68 N 89d24'41" W 99.92 1.02 -99.92 592143.70 1113805.76 S OOd38'47" W 60.00 -59.99 -0.68 592083.71 1113805.08 S 89d24'41" E 99.98 -1.03 99.98 592082.68 1113905.06 N OOd35'19" E 35.00 35.00 0.36 592117.68 1113905.42 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592117.68 1113905.42 Area: 5,997.27 ft2 0.14 Acres Lot 83 = ~ Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592082.68 1113905.06 Start (POB) N 89d24' 41 " W 99.98 1.03 -99.98 592083.71 1113805.08 S OOd38'47" W 39.97 -39.97 -0.45 592043.74 1113804.63 ** Horizontal Curve: S 44d22'S7" E 35.37 -25.28 24.74 Chord pc-pt 592018.46 1113829.37 pt 592043.74 1113804.63 pc S 89d21' 13" E 25.00 -0.28 25.00 Radial In pc-rp 592043.46 1113829.63 rp Delta: 90d03'28" Radius: 25.00 Length: 39.30 Tangent: 25.03 S OOd35'19" W 25.00 -25.00 -0.26 Radial Out rp-pt 592018.46 1113829.37 pt S 89d24'41" E 75.03 -0.77 75.03 592017.69 1113904.40 N OOd35'19" E 65.00 65.00 0.67 592082.69 1113905.07 Closure in Lat/Dep: -0.01 -0.01 -------------- -------------- Starting Point: 592082.68 1113905.06 Distance Error: S 45d00'00" W 0.01 Total Distance: 27210.39 Accuracy Ratio: 1:1,924,065 Area: 6,366.62 ft2 0.15 Acres Lot 84 ~,. Bearing Distance Northing/Lat Easting/Dep 592117.06 1113965.42 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592117.68 1113905.42 S OOd35'19" W 100.00 -100.00 -1.03 592017.68 1113904.39 S 89d24'41" E 60.00 -0.61 60.00 592017.07 1113964.39 N OOd35'19" E 100.00 99.99 1.03 592117.06 1113965.42 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592117.06 1113965.42 Area: 5,999.95 ft2 0.14 Acres Lot 85 Bearing Distance Northing/Lat Easting/Dep ---------- -------------- -------------- ------------ 592116.45 1114025.41 Start (POB) N 89d24'41" W 60.00 0.61 -59.99 592117.06 1113965.42 S OOd35'19" W 100.00 -99.99 -1.03 592017.07 1113964.39 S 89d24'41" E 60.00 -0.62 60.00 592016.45 1114024.39 N OOd35'19" E 100.00 100.00 1.02 592116.45 1114025.41 Closure in Lat/Dep: 0.00 0.00 ---------- Starting Point: -------------- ---- 592116.45 1114025.41 Area: 5,999.96 ft2 0.14 Acres Lot 8b Bearing Distance Northing/Lat Easting/Dep 592115.83 1114085.41 Start (POB) N 89424'41" W 60.00 0.62 -60.00 592116.45 1114025.41 S 00435'19" W 100.00 -100.00 -1.02 592016.45 1114024.39 S 89424'41" E 60.00 -0.62 59.99 592015.83 1114084.38 N 00435'19" E 100.00 100.00 1.03 592115.83 1114085.41 Closure in Lat/Dep: 0.00 0.00 Starting Point: 592115.83 1114085.41 Area: 5,999.96 ft2 0.14 Acres Lot 87 `~ Bearing Distance Northing/Lat Easting/Dep N 89d24'41" W S OOd35'19" W S 89d24'41" E N OOd35' 19" E Closure in Lat/Dep Starting Point: 592115.21 1114145.41 Start (POB) 60.00 0.62 -60.00 592115.83 1114085.41 100.00 - 100.00 -1.03 592015.83 1114084.38 60.00 - 0.61 60.00 592015.22 1114144.38 100.00 99.99 1.03 592115.21 1114145.41 0.00 0.00 -------------- -------------- 592115.21 1114145.41 Area: 5,999.96 ft2 0.14 Acres Lot 88 ~/ Bearing Distance Northing/Lat Easting/Dep ------------ ------- --- -------------- -------------- 592114.60 1114205.40 Start (POB} N 89d24'41" W 60.00 0.61 -59.99 592115.21 1114145.41 S OOd35'19" W 100.00 -99.99 -1.03 592015.22 1114144.38 S 89d24'41" E 60.00 -0.62 60.00 592014.60 1114204.38 N OOd35' 19" E 100.00 100.00 1.02 592114.60 1114205.40 Closure in Lat/Dep: 0.00 0.00 - ---- Starting Point: -------------- -------- - 592114.60 1114205.40 Area: 5,999.96 ft2 0.14 Acres Lot 89 `~ Bearing Distance Northing/Lat Easting/Dep N 89424'41" W S OOd35' 19" W S 89424'41" E N 00435'19" E Closure in Lat/Dep - -------------- -------------- 592113.98 1114265.40 Start (POB} 60.00 0.62 -60.00 592114.60 1114205.40 100.00 - 100.00 -1.02 592014.60 1114204.38 60.00 - 0.61 59.99 592013.99 1114264.37 100.00 99.99 1.03 592113.98 1114265.40 0 .00 0.00 -------------- ------ Starting Point: 592113.98 1114265.40 Area: 5,999.97 ft2 0.14 Acres Lot 90 '~ Bearing Distance Northing/Lat Easting/Dep 592111.69 1114488.53 Start (POB} N 89d24'41" W 60.00 0.61 -60.00 592112.30 1114428.53 S OOd35'19" W 100.00 -99.99 -1.03 592012.31 1114427.50 S 89d24'41" E 60.00 -0.62 60.00 592011.69 1114487.50 N OOd35'19" E 100.00 100.00 1.03 592111.69 1114488.53 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592111.69 1114488.53 Area: 5,999.97 ft2 0.14 Acres Lot 91 Bearing Distance Northing/Lat Easting/Dep ----------- -------------- ------------ -------- -- --- 592111.07 1114548.52 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592111.69 1114488.53 S OOd35'19" W 100.00 -100.00 -1.03 592011.69 1114487.50 S 89d24'41" E 60.00 -0.61 60.00 592011.08 1114547.50 N OOd35'19" E 100.00 99.99 1.02 592111.07 1114548.52 Closure in Lat/Dep: 0.00 0.00 ------- Starting Point: -------------- ------- 592111.07 1114548.52 Area: 5,999.98 ft2 0.14 Acres Lot 92 Bearing Distance Northing/Lat Easting/Dep N 89d24'41" W S OOd35'19" W S 89d24' 41 " E N OOd35'19" E Closure in Lat/Dep Starting Point: 592110.46 1114608.52 Start (POB) 60.00 0.61 -60.00 592111.07 1114548.52 100.00 -99.99 -1.02 592011.08 1114547.50 60.00 -0.62 59.99 592010.46 1114607.49 100.00 100.00 1.03 592110.46 1114608.52 0.00 0.00 592110.46 1114608.52 Area: 5,999.98 ft2 0.14 Acres Lot 93 Bearing Distance Northing/Lat Easting/Dep N 89d24' 41 " W S OOd35'19" W S 89d24'41" E N OOd35'19" E Closure in Lat/Dep Starting Point: 592109.84 1114668.52 Start (POB) 60.00 0.62 -60.00 592110.46 1114608.52 100.00 - 100.00 -1.03 592010.46 1114607.49 60.00 - 0.62 60.00 592009.84 1114667.49 100.00 100.00 1.03 592109.84 1114668.52 0.00 0.00 592109.84 1114668.52 Area: 5,999.98 ft2 0.14 Acres Lot 94 Bearing Distance Northing/Lat Easting/Dep 592109.22 1114728.51 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592109.84 1114668.52 S OOd35'19" W 100.00 -100.00 -1.03 592009.84 1114667.49 S 89d24'41" E 60.00 -0.61 60.00 592009.23 1114727.49 N OOd35'19" E 100.00 99.99 1.02 592109.22 1114728.51 Closure in Lat/Dep: 0.00 0.00 Starting Point: 592109.22 1114728.51 Area: 5,999.98 ft2 0.14 Acres Lot 95 Bearing Distance Northing/Lat Easting/Dep 592108.61 1114788.51 Start (POB} N 89d24'41" W 60.00 0.61 -60.00 592109.22 1114728.51 S OOd35'19" W 100.00 -99.99 -1.02 592009.23 1114727.49 S 89d24'41" E 60.00 -0.62 59.99 592008.61 1114787.48 N OOd35'19" E 100.00 100.00 1.03 592108.61 1114788.51 Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 592108.61 1114788.51 Area: 5,999.98 ft2 0.14 Acres Lot 96 Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- --------- ----- 592107.99 1114848.51 Start (POB) N 89d24'41" W 60.00 0.62 -60.00 592108.61 1114788.51 S OOd35'19" W 100.00 -100.00 -1.03 592008.61 1114787.48 S 89d24'41" E 60.00 -0.62 60.00 592007.99 1114847.48 N OOd35'19" E 100.00 100.00 1.03 592107.99 1114848.51 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592107.99 1114848.51 Area: 5,999.99 ft2 0.14 Acres Lot 97 ~ Bearing Distance Northing/Lat Easting/Dep ------------ -------- -- -------------- -------------- 592107.37 1114908.50 Start (POB) N 89d24'41" W 60.00 0.62 -59.99 592107.99 1114848.51 S OOd35'19" W 100.00 -100.00 -1.03 592007.99 1114847.48 S 89d24'41" E 60.00 -0.61 60.00 592007.38 1114907.48 N OOd35'19" E 100.00 99.99 1.02 592107.37 1114908.50 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592107.37 1114908.50 Area: 5,999.99 ft2 0.14 Acres 1360 TRACT A REDO.ptc Lot closures - Prepared using survey/civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/17/2004 Drawing: 1360-PLAT.dwg Measurement units: feet ---------------------------------------------------- TRACT A REDO ~ Bearing. Distance Northing/Lat ------------ ---------- -------------- ~~ 591202.24 s 44°26 51 ~ 116.87 -83.43 591118.81 ** Horizontal Curve: s 23°04'14" w 46.20 S 45°33'09" w 25.00 Delta: 135°02'10" Radius: 25.00 Length: 58.92 Tangent: 60.41 5 00°35'19" w 25.00 N 89°24'41" w N 00°35'19" E N 89°24'41" w N 89°24'41" W s 00°35'19" w N 89°24'41" W N 00°35'19" E N 89°24'41" W N 00°35'19" E 5 89°24'41" E N 00°35'19" E 5 89°24'41" E 5 00°35'19" w 5 89°24'41" E N 00°35'19" E S 89°24'41" E 5 00°35'19" w 258.35 100.00 420.00- 60.00 100.00 163.14 100.00 360.00 111.00 310.00 100.00 104.28 100.00 70.00 100.00- 38.85 100.00 -42.51 591076.30 591118.81 -17.51 591101.30 -25.00 591076.30 2.66 591078.96 99.99 591178.95 4.32 591183.27 0.61 591183.88 -99.99 591083.89 1.67 591085.56 100.00 591185.56 3.70 591189.26 110.99 591300.25 -3.18 591297.07 99.99 591397.06 --1.07 591395.99 -100.00 591295.94 -0.71 591295.28 99.99 591395.27 -0.40 591394.87 -99.99 Fasting/Dep. -------------- 1115102.08 start (POB) 81.84 1115183.92 -18.11 Chord pc-pt 1115165.81 pt 1115183.92 pc -17.85 Radial In pc-rp 1115166.07 rp -0.26 Radial out rp-pt 1115165.81 pt -258.33 1114907.48 1.02 1114908.50 419.97 1114488.53 -60.00 1114428.53 -1.03 1114427.50 -163.13 1114264.37 1.03 1114265.40 -359.98 1113905.42 1.14 1113906.56 309.98 1114216.54 1.03 1114217.57 104.27 1114321.84 -1.03 1114320.81 70.00 1114390.81 1.03 1114391.84 38.85 1114430.69 -1.03 Page 1 136(} TRACT A R€DO. ptc 591294.88 1114429.66 .. 5 89°24 41 E 420.00 -4.32 419.98 591294.56 111484.64 S 61°30'29" E 62.57 -29.85 54.99 591260.71 1114904.63 ~~ 5 44°26 51 € 18(}.04 a128.50 126.04 591132.21 1115030.67 ,. N 45°33 09 E 100.00 70.03 71.39 591202.24 1115102.06 Closure in gat/Dep: 0.00 0.02 starting Paint: - ------------- 541202.24 -------------- 1115102.08 Distance Error: East 0.02 To-tat Qistance: 35.33..9.8 Accuracy Ratio: 1:176,699 Area: 168,652.96 ft2 3.87 Acres Page 2 1360 TRACT B REDO.ptC Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 10/17/2004 Drawing: 1360-PLAT.dwg Measurement units: feet ---------------------------------------------------- TRACT B REDO ~ Bearing --------- - - Distance ---------- Northing/Lat -------------- - Fasting/Dep ------------- - 590989.31 1115351.44 start (POB) 5 89°24'41" E 179.84 -1.85 179.83 590987.46 1115531.27 N 44°26'51" w 781.30 557.77 -547.11 591545.23 1114984.16 ~~ S 89°24 41 E 39.29 -0.41 39.29 591544.82 1115023.45 5 44°45'05" E 86.87 61.69 61.16 591483.13 1115084.61 S 43°09'09" E 260.59 -190.11 178.23 591293.02 1115262.84 5 44°38'26" E 140.43 -99.92 98.67 591193.10 1115361.51 ~~ 5 44°43 25 E 107.14 -76.12 75.39 591116.98 1115436.90 ~~ 5 45°11 O1 E 285.95 -201.55 202.85 590915.43 1115639.75 N 89°24'41" w 263.79 2.71 -263.78 590918.14 1115375.97 *~ Horizontal Curve: N 44°24'41" W 35.36 25.26 -24.74 Chord pc-pt 590943.40 1115351.23 pt 590918.14 1115375.97 pc N 00°35'19" E 25.00 25.00 0.26 Radial In pc-rp 590943.14 1115376.23 rp Delta: 90°00 '00" Radius: 25 .00 Length: 39 .27 Tangent: 25 .00 N 89°24'41" w 25.00 0.26 -25.00 Radial out rp-pt 590943.40 1115351.23 pt N 00°35'19" E 38.33 38.32 0.39 590981.72 1115351.62 ** Horizontal Curve: N O1°23'15" W 7.59 7.59 -0.18 Chord pc-pt 590989.31 1115351.44 pt 590981.72 1115351.62 pc N 89°24'41" w 110.00 1.13 -109.99 Radial In pc-rp 590982.85 1115241.63 rp Delta: 3°57'07" Radius: 110.00 Length: 7.5.9 Tangent: 3.80 N 86°38'12" E 110.00 6.46 109.81 Radial out rp-pt 590989.31 1115351.44 pt Closure in Lat/Dep: 0.00 0.00 -- Starting Paint: ------------ - 590989.31 ------------- 1115351.44 Page 1 136U TRACT ~ R€D(}. ptc Distance Error: South 0.00 Total distance: 223Q.40 Flat Closure Area: 36,994.71 ft2 0.85 Acres Page 2 Lot Closures - Prepared using survey/Civil solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet Yelm Terra Tract C ~~ Bearing Distance ------ Northing/Lat -------------- - Easting/Dep ------------- -------- ---- - --- 591005.93 1113647.39 Start (POB) s 89d24' 41" E 100.00 -1.03 99.99 591004.90 1113747.38 5 OOd38' 47" w 45.06 -45.05 -0.51 590959.85 1113746.87 ** Horiz ontal C urve: 5 45d37' 03" w 35.34 -24.72 -25.26 Chord pc-pt 590935.13 1113721.61 pt 590959.85 1113746.87 pc N 89d21' 13" w 25.00 0.28 -25.00 Radial In pc-rp 590960.13 1113721.87 rp Delta: 89d56' 32" Radius: 25.00 Length: 39.24 Tangent: 24.97 5 OOd35' 19" w 25.00 -25.00 -0.26 Radial out rp-pt 590935.13 1113721.61 pt N 89d24' 41" w 75.03 0.77 -75.02 590935.90 1113646.59 N OOd38' 47" E 70.03 70.02 0.79 591005.92 1113647.38 Closure in Lat/ Dep: 0.01 0.01 - starting Point: -------------- - 591005.93 ------------ 1113647.39 Distance Error: N 45d00'00" E 0.01 Total Di stance: 329.36 Accuracy Ratio: 1:23,289 Area: 6, 869.27 ft2 0.16 Acres Tract D Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- -------------- 592479.31 1114433.16 Start (POB) N 89d24'41" W 64.76 0.66 -64.76 592479.97 1114368.40 S OOd35'19" W 100.03 -100.02 -1.02 592379.95 1114367.38 S 89d24'41" E 64.66 -0.67 64.65 592379.28 1114432.03 N OOd38'47" E 100.03 100.03 1.13 592479.31 1114433.16 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 592479.31 1114433.16 Area: 6,472.82 ft2 0.15 Acres 1360-TRACT E.ptc Lot Closures - Prepared using Survey/civil solutions for AutoCAD Bearing Mode Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement units: feet ---------------------------------------------------- Yelm Terra Tract E t''/ Bearing Distance Northing/Lat Fasting/Dep ------------ ---------- -------------- -------------- 590919.69 1115275.01 Start (POB) ** Horizontal Curve: N 39x47'27" E 31.60 24.28 20.23 Chord pc-pt 590943.97 1115295.24 pt 590919.69 1115275.01 pc N 11000'25" W 25.00 24.54 -4.77 Radial In pc-rp 590944.23 1115270.24 rp Delta: 78024' 15" Radius: 25.00 Length: 34.21 Tangent: 20.39 5 89024'41" E 25.00 -0.26 25.00 Radial Out rp-pt 590943.97 1115295.24 pt N 00035'19" E 50.00 49.99 0.51 590993.96 1115295.75 ** Horizontal C urve: N 38036'48" w 31.60 24.70 -19.72 chord pc-pt 591018.66 1115276.03 pt 590993.96 1115295.75 pc N 89024'41" w 25.00 0.26 -25.00 Radial In pc-rp 590994.22 1115270,75 rp Delta: 78824' 15" Radius: 25.00 Length; 34.21 Tangent: 20.39 N 12011'04" E 25.00 24.44 5.28 Radial out rp-pt 591018.66 1115276.03 pt S 00035'19" w 98.98 -98.98 -1.02 590919.68 1115275.Oi Clcsure in Lat/ Dep: 0.01 0.00 Starting Poin*.: ---- ---------- - 590919.69 ------------- 1115275.01 Distance Error: North 0.01 Total Distance: 217.40 Accuracy Ratio: 1:21,740 Area: 1,730.93 ft2 0.04 Acres Page 1 Tract F Bearing Distance Northing/Lat Easting/Dep ------------ ---------- -------------- - - ------------ 591956.32 1114426.08 Start (POB} N 89d24'41" W 47.42 0.49 -47.42 591956.81 1114378.66 S OOd34'S3" W 100.00 -100.00 -1.01 591856.81 1114377.65 S 89d24'41" E 47.41 -0.48 47.41 591856.33 1114425.06 N OOd35'19" E 100.00 99.99 1.02 591956.32 1114426.08 Closure in Lat/Dep: 0.00 0.00 Starting Point: -------------- -------------- 591956.32 1114426.08 Distance Error: North 0.00 Total Distance: 7387.22 Flat Closure Area: 4,741.68 ft2 0.11 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 10/13/2004 Drawing: 1360-PLAT.dwg Measurement Units: feet Yelm Terra ---------------------------------------------------- Tract G ~/ Bearing Distance ------------ ---------- Northing/Lat -------------- - Fasting/Dep ------------ Bearing Mode - 591034.04 1113828.69 Start (POB) S 00°37'03" W 100.00 -99.99 -1.08 590934.05 1113827.61 ** Horizontal Curve: N 44°22'57" W 35.37 25.27 -24.74 Chord pc-pt 590959.32 1113802.87 pt 590934.05 1113827.61 pc N 00°35'19" E 25.00 24.99 0.26 Radial In pc-rp 590959.04 1113827.87 rp Delta: 90°03'28" Radius: 25.00 Length: 39.30 Tangent: 25.03 N 89°21'13" W 25.00 0.28 -25.00 Radial Out rp-pt 590959.32 1113802.87 pt N 00°38'47" E 50.00 50.00 0.57 591009.32 1113803.44 ** Horizontal Curve: N 45°37'03" E 35.34 24.72 25.25 Chord pc-pt 591034.04 1113828.69 pt 591009.32 1113803.44 pc S 89°21'13" E 25.00 -0.28 24.99 Radial In pc-rp 591009.04 1113828.43 rp Delta: 89°56'32" Radius: 25.00 Length: 39.24 Tangent: 24.97 N 00°35'19" E 25.00 25.00 0.26 Radial Out rp-pt 591034.04 1113828.69 pt Closure in Lat/Dep: 0.00 0.00 -------------- -------------- Starting Point: 591034.04 1113828.69 Distance Error: N 45°00'00" E 0.00 Total Distance: 228.54 Flat Closure Area: 2,231.75 ft2 0.05 Acres FAX FAx ro: Pat Beehler -Statewide Sulvtyi,iy fAX NOt X86 a l9s FAX rtROM: Nanl:y Connell RE: REVISED - Yelm Terra Address~nr~ AGRNCY 1RC]ECT NUMaER: Mt0]ECT NAME: Yelm Terra REMARKS: Encleseri rleasE find the rovis:Qd Yaltn Terra Addressing reCeivCd fl~uitl lire Clty [od8y. Please let me know if you have any questions regarding this transmittal. Thank you. rR~NS-tiTre~ er Nancy Connel! cc: 42ao s~ atrenw s~, SuI~E 301 Laosp, WA 9>s503 360.493.6002 Phone 360.4933416 Fax +n~lw,thlcsca6ratp.l>:om l: i TME sc~ aiROUP scA bRO~Eer NuhEER: n~oo~ DATE: September lU, 2004 NuMaeR of P,-ces: 4, including coversheet A l1ARD COpY WILL BE MALI Fn ®A HARD CpPr W2LL NOT 9E MAILED, ThI~ facsimile may Contain conhdCntial, prhrtleged information intended OnIY for the individual or entity to whom It le addressed. DO not read, copy or dlsseminatC this nfOrmation unlels you are tht addressee (Or the Aerson rCS00naible for delivering IC). 1f you have -CCltived this communication .n error, please ntUm the original eommunleaeion to SCA Consumng Group vis the postal service. Mailing costs will be rNmtwrsed. Thank you. Yelm Tetra Addressing Lot Numbez Streot Address 1 2 Yclm Terra Wa SE 15857 15851 3 4 25845' 15839 5 15833* 6 15827. 7 15821. 3 15815. 9 15809 10 15803. 11 15787 12 15781 i3 15775 _ 14 15 15769 15763 16 17 ~ 15757: 15751 18 15745 19 15739 '0 15733 21 15727 22 15721 ~3 15715 24 Yclm Terra St. SE 10515 25 10509. 26 10503 27 10469 28 10463. 29 30 .. 10457 10451 31 32 104 'Ave SE 10445 15702 33 15708 34 15714 35 15720 36 15?26 37 15732 38 15735 39 ~ 15744 15756 41 15768"' 42 15774* 43 15780* 44 45 ~~ I57$6* IS802* 46 15808` 47 15814* 48 I5820* 49 1582ti* 50 15832+` 51 15838" 52 15$44 53 15850 54 ~ 15856 55 15862: 56 15868 57 58 ~ 15874 15880. 59 6U 15$86 15892 61 15855 62 15849 63 15843 64 1383 65 ~ 15819 66 15813 67 15807 68 15801 6g 15785 70 ~ 71 ~ 15779 15 773 72 73 ~ ~ 15767 15755 Drains e Tract 15749 74 15743 ?5 15737 76 1 S'/j 1 77 15725 78 13719 79 Yclrn Terra St. SE 1045b RO 10482 gl 10468 82 10504 83 10510 84 Yelm Terra Wa SE 85 13722 I5728 86 15734 ,~~ , ~nnyn rr.ir i ~n~Nn~ H`1S 9LbZ-Ebb-09E E0 ~01 b00Z/0L/60 87 Yelm Terra Wa SE 15740 88 89 15746 15752 90 15770 91 15776 -- ~ 15782 93 1788 ~ 15804 95 15810 96 15816 97 15822 °xevlsca Aaaresses ;GEOMATICS •`~'+!`!'-+-~ I ANC SIJRVFYING U?unu 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND tsz63) FAX: 360-400-5264 October 4, 2004 Citv of Yelm Community Development Department Grant Beck, Director PO Box 479 Yr'1.m. Vl';1 95597 Re: Review and comment for Yelm Terra SUB-04-0157-YL (~r~_nili;~tirc' Toh \ir~.: 1?29 Dear Mr. Beck: I have completed my first review of the abovementioned plat dated September 16, 2004 by the surveyor. Attached, please find an original copy of the plan, sheets 1 - 5, with my "red-line" comments. These "red-lines" request additional information and edits. I have also included an original copy of the lot closures. Many of the closure reports did not correspond with the dimensions on the plat. I will need to have revised lot closure reports to complete my review. With the plat, I received a copy of First American Title Insurance Company's Third Amended Subdivision Guarantee, Order No.: NCS-112958-WA3-, dated September 13. 2004. The description of this plat is consistent with the description of said Subdivision Guarantee except for the following: • Parcel A~: o Subdivision Guarantee '`West 34 feet''. o Piat "West 20 ieet~~ • Parcel C: o The plat reflects the description of the more recent Boundary Line Adjustment. I did not receive copies of the record matters listed under Record Matters, on pages 5-8 of said guarantee. "Therefore, I can not attest that all easements, restrictions and/or t~i;S~C~Biiu-is ui lccutd Thai 5huuid lip; shuw-i uu tlic plat (il~a-i}), have iA;Cti siiuwil. I did not review sheet 2 of 5 of the plat. The wording of the Easement Reservations, Easement Provisions and the Maintenance Covenant is dilTerent than that of past plats approved by the City of Yelm. It may be beneficial to have the City Attorney review these items. Also. I do not have the means to review the Address Table. drb@geomaticslandsurveying.com www.geomaticslandsurveying.com City of Yelm ~~ ~`~ YELM wnsHn+crow October 5, 2004 Yelm Terra, LLC Steven L.Chamberlain 4200 6th Ave. S E, #301 Lacey, WA 98503 Community Development Department 105 Yelm Avenue West P. D. Box 479 Yelm, WA 98597 Re: Final Plat Application Review for Yelm Terra Subdivision, SUB-03-8353-YL Dear Mr. Chamberlain: The City has completed its initial review for the above referenced final plat application. We are still waiting for comments from Thurston County. We should receive those comments on October 8, 2004. I will forward those comments to you as soon as we receive them. There are items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: The reviewing surveyor has made his comments and corrections in red ink, and pink highlights. I have included our comments on the same plat, ours in blue. I have also included his letter. He will need to have the revised documents back to complete his review. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, and one 11" x 17" copy. RETURN ALL REDLINED COPIES. 2. Stormwater Agreement: Please submit a signed copy of the agreement to maintain stormwater facilities. Be sure to inccude the operation and maintenance information with the agreement for recording. 3. I received your copy of the state certification for your Articles of Incorporation. I did see on page 1 of that document that you have the homeowners providing maintenance on street lights. That is not necessary. On page 5 of the CC&R's, you will need to change item "S", to match your stormwater maintenance title. Sign and return. 4. Survey review fees in the amount of $892.50. All documents that are to be recorded with the County must have cone-inch margin on the top, bottom, and sides. The County has become very insistent in that respect. Please double check your CCR's, and Stormwater Maintenance, including the schedules to make sure any footers or page numbers do not fall into this one-inch margin. (360) 458-3835 (360) 458-3144 FAX ruww.ci.yelm.waas - -a- - -- - l Pat Beehler From: Steve Chamberlain [slc@slcemail.com] Sent: Monday, October 11, 2004 12:00 PM To: Pat Beehler Subject: FW: Yelm Terra -----Original Message----- From: Tami Merriman [mailto:tamim@ci.yelm.wa.usJ Sent: Monday, October l1, 2004 10:03 AM To: slc@sicemail.com Cc: Grant Beck (E-mail); ]im Gibson (E-mail) Subject: RE: LID Segregation Steve: Please forward to your surveyor. Thurston County Review Comments: 1. Designate specific reason for open space. i.e. recreational open space, stormwater tract, etc.. Be sure to label all tracts. 2. You need to fill out a destroyed property form and file with the county, to show that old houses or structures were removed. (Steve, this must be done to remove the home/structures from tax rolls. When we record this plat, you are required to pay all taxes for the entire year, and probably even the first part of 2005) 3. All streets must be dedicated. Please make sure right-af way on 105' is dedicated. (You listed 104th. We added Yelm Terra Way, and Yeim Terra Street.) . When all redlined changes are made, please return 3 full size, 1 11x17 and the original redlined copies. Tami Merriman Assistant Planner City of Yelm 360.458.8496 From: Steve Chamberlain [mailto:slc@slcemail.com] Sent: Friday, October 08, 2004 4:12 PM To: Tami Merriman Subject: RE: LID Segregation Tammi Ten eru's are being transferred. Five are to remain on Burnett Rd property. Please write it in as such and fax me a copy. Dan Lee is dropping off the fee today. Statewide survey is on standby for comments. Thank you have a great weekend. SLC -----Original Message----- From: Tami Merriman [maifto:tamim@ci.yelm.wa.us] Sent: Friday, October 08, 2004 2:37 PM To: slc@slcemail.com 10/11/2004 ~1~~ ' • r ' Farm No. 14 Guararrhee No.: NCS-112958-W~ Subdivision Guardntae GUARANTEE Issued by First American Tit/e Insurance Company 3866 South 74ta'i Street, Tacoma, WA 98409 Tit/e O~cer.• Renee Richardson Phone: (253) 471-1234 FAX.• (253) 671-5826 Fi~stAmerican Tide Inwrdnce Company Form No. 14 C~uarattDee No.: NGS-112958-WA3 subdivision Guarantee (4-1o-75~ Page Wo.: 1 ` `S ~HF,k/ 7 S i C,~.~ .''1C First American Tit/e Insurance Company ,~,. 3866 South 74th Street, Tacoma, WA 98409 (253) 471-1234 - FAX (253) 671-5826 THIRD AMENDED SUBDMSION GUARANTEE LIABILITY $ 5,000.00 ORDER NO.: NCS-112958-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 First American Title Insurance Company 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 file 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 nat to be used as a basis for closing any transaction affecting title to said property. Dated: September 13, 2004 at 7:30 A.M. Fi~stAme~ican Tide Inwrance Company Form No. 14 Subdivison Guarantee (41a7s~ AMENDED THIRD REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Yelm Terra, LLC, a Washington Limited Liability Company c~anoee Mo.: Ncs-iimss-ww3 Page No.: 2 B. That according to the Company's title plant records relative to the following described real properly (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: 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 Ai: Commencing 40 feet East and 668 feet North of the Southwest corner of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East, W.M. in Thurston County, Washington; Thence south 198 feet; Thence East 396 feet; Thence North 198 feet; Thence West 396 feet to the Point of Beginning. Parcel A2: An easement for ingress to and egress from said real property over that portion of the West 40 feet of said Northeast Quarter of the Northwest Quarter abutting upon said tract and over the West 30 feet extending therefrom to the North line thereof in Thurston County, Washington. Parcel B: That portion of the North Half of the Northwest Quarter of Section 30, Township 17 North, Range 2 East, W.M., in Thurston County, Washington, described as follows: Beginning at the Southwest corner of the Northeast Quarter of the Northwest Quarter, Thence East 526 feet; Thence North 668 feet; Thence West 1262 feet, more or less, to a point 664 feet East of the West line of the Northwest Quarter; FirstAmerrcan Title Insurvnce Company Pam No. 14 subdHisbn Guarantee (410.75 Guarantee rw.: Ncs-112968-w/l3 Page No.: 3 Thence South 668 feet; Thence East to the Point of Beginning; Except that portion thereof lying within 105th Avenue Southeast running along the SoOuth line thereof; Also Excepting therefrom that portion thereof described as follows: Beginning 436 feet East and 470 feet North of the Southwest Quarter of the Northeast Quarter of the Northwest Quarter of said Section 30, Thence North 198 feet; Thence West 396 feet; Thence South 198 feet; Thence East 396 feet to the Point of Beginning. Parcel C: Beginning at a point 40.7 rods West of the Southeast corner of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of the W.M., in Thurston County, Washington; Thence North 39.3 roads to irrigation ditch; Thence Northwesterly along said ditch 10.32 rods; Thence South 46.6 rods; Thence East 7.3 rods to Point of Beginning; Also a strip of land ten feet wide along the Southwest bank of the said irrigation ditch beginning at the intersection of said ditch with the South line of the Northeast Quarter of the Northwest Quarter of the above mentioned Section 30, in Thurston County, Washington; Except from all of the above that portion thereof lying within 105th Avenue Southeast running along to South line thereof. Excepting therefrom the following described property: That portion of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of W.M. in Thurston County, Washington, described as follows: Beginning at the Southeast corner of Lot 4 of Short Plat SS-1805, recorded under recording no. 8303230024; Thence South 89°24'41" East along the Easterly extension of the South line of said Lot 4 a distanoe of 103.22 feet more or less to the Yelm Irrigation Canal; Thence North 44°45'05" West along said canal a distance of 144.37 feet more or less to the Northeast corner of said Lot 4; Thence South 00°53'19" West along the East line thereof a distance of 101.48 feet more or less to the point of beginning. Parcel D: Part of the Northeast Quarter of the Northwest Quarter of Section 30, Township 17 North, Range 2 East of the W.M., in Thurston County, Washington: Commencing at the Southeast comer of said Northeast Quarter of Northwest Quarter; Thence West 40.7 rods; Thence North 39.3 rods to Irrigation Ditch; Thence Southeasterly along said ditch to a point 1 rod North of South line of said Northeast Quarter of the Northeast Quarter; Thence East to East line of said Northeast Quarter of Northeast Quarter; FirstAmerican Title Insriranc~ Company Form No. 14 Subdivision Guaranbee (4-1o-75) Guarantee No.: NGS-11295Q-WA3 Page No.: 4 Thence South 1 rod to beginning; Excepting a strip of land 10 feet wide along the Southwest bank of said irrigation ditch; Also Except that portion thereof lying within 105th Avenue Southeast running along the South line thereof. APN: 22730210500 APN: 22730210600 APN: 22730210700 APN: 22730210800 FirstAmesrican Tde Insvranci° Company Fonr1 No. 14 Subdivision Guarantee (4-1!}75) RECORD MATTERS: 1. General Taxes for the year 2004. Tax Account No.: 22730210500 Amount Billed: $ 730.40 Amount Paid: $ 365.20 Amount Due: $ 365.20 Assessed Land Value: $ 50,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. Al) 2. General Taxes for the year 2004. Tax Account No.: 22730210600 Amount Billed: $ 2,779.09 Amount Paid: $ 1,389.54 Amount Due: $ 1,389.55 Assessed Land Value: $ 94,250.00 Assessed Improvement Value: $ 102,600.00 (Affects Parcel No. B) 3. General Taxes for the year 2004, which have been paid. Tax Account No.: 22730210700 Amount Billed: $ 702.39 Amount Paid: $ 702.39 Amount Due: $ 0.00 Assessed Land Value: $ 48,600.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. C) 4. General Taxes for the year 2004. Tax Account No.: 22730210800 Amount Billed: $ 896.48 Amount Paid: $ 448.24 Amount Due: $ 448.24 Assessed Land Value: $ 62,400.00 Assessed Improvement Value: $ 0.00 (Affects Parcel No. D) Guarantee No.: Nt5-112958-W~3 Page No.: 5 FirstAm~n Tide Insurance Company Forth fVo. 14 Subdivision GuatanGee (4-10-75) C~uaranGee No.: fYCS-112958-W~ Page fVo.: 6 Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Liability Company Grantee/Beneficiary: South Sound Bank Trustee: Frst American Title Insurance Co., a Corporation Amount: $254,400.00 Recorded: 04/12/2004 Recording Information: 3631930 The Deed of Trust/Mortgage was Partially reconveyed as to ttie excepted portion of Parcel C by instrument recorded under recording no. 3664003. 6. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Janette B. Loutrenhiser, as to an undivided 91.726%, Beverly B. Johnson as to an undivided 5.516%, Carol A. Rembaugh as to an undivided 1.379% and William D. Marr as to an undivided 1.379% Trustee: Frst American Title Insurance Co., a Corporation Amount: $620,000.00 Recorded: 10/06/2003 Recording Information: 3583057 A document recorded April 12, 2004 as 3631931 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded April 12, 2004 as 3631930 of Official Records. 7. The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664002. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Liability Company Grantee/Beneficiary: Janette B. Loutrenhiser, as to an undivided 91.726% interest, Beverly B. Johnson as to an undivided 5.516°~ interest, Carol A. Rembaugh as to an undivided 1.379% interest and William D. Marr as to an undivided 1.379% interest Trustee: Frst American Title Insurance Co. , a Corporation Amount: $1,975,000.00 Recorded: 04/12/2004 Recording No.: 3583058 A document recorded October 6, 2003 as 3583059 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded October 6, 2003 as 3583057 of Official Records. FirstAmerican Tide Insuranrn Company Form No. 14 Subdivisbn Guarantee (4-10-75) Guarantee No.: NCS-112958-WA3 Page No.: 7 A document recorded April 12, 2004 as 3631929 of Official Records provides that the lien or charge of the deed of trust was subordinated to the lien or charge of the deed of trust recorded April 12, 2004 as 3631930 and to deed of trust recorded October 6, 2003 as 3583057 of Official Records. The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664004. 8. Deed of Trust and the terms and conditions thereof. , Grantor/Trustor. Yelm Terra, LLC, a Washington Limited Liabil""ity Company Grantee/Beneficiary: Robert W. Greenway Marily'L. Greenway Trustee; First American Title Insurance Co., a Corporation Amount: $100,000.00 Recorded: 05/24/2004 Recording No.: 3643737 9, Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Liabil'~ty Company Grantee/Beneficiary: Robert W. Greenway Marilyn L. Greenway Trustee: First American Title Insurance Co., a Corporation Amount: $100,000.00 R~pnj~; 05/24/2004 Recording No.: 3643738 10. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Yelm Terra, LLC, a Washington Limited Laibility Company Grantee/Beneficiary: Robert W. Greenway Profit Sharing Plan and Trust and Jerald W. Smith and Mary Kaye Smith Trustee: First American Title Insurance Co., a Corporation Amount: $5000,000.00 Recorded: 07/70/2004 Recording No.: 3655872 The Deed of Trust/Mortgage was Partially reconveyed as to the excepted portion of Parcel C by instrument recorded under recording no. 3664005. 11. Easement, including terms and provisions contained therein: Recording Information: 973540 For: water lines A~~; Parcel No. A 12. The terms and provisions contained in the document entitled "City of Yelm Ordinance No. 543" recorded January 19, 1995 as 9501190148 of Official Records. (Affects Parcel No. A) 13. Easement, including terms and provisions contained therein: Recording Information: 9508030046 FirstAmerican Tide Insvranc~ Company Form No. 14 Subdivision Guaranoee (a-1o-75) For: gas pipeline or pipelines Affects: Parcel No. B c~,ardneee No.: Hcs-i~ss-ww3 Page Mo.: s Fi~stAme,+ican Tide Insurance Company Form No. 14 Guarantee No.: NCS-112958-WA3 Subdivision Guarantee (41a75~ Page No.: 9 14. A record of survey recorded under recording no. 3552873 said survey discloses the following matters: Encroaching and/or overlapping fence along West line. (Affects Parcel No. B) 15. Any question as to the true location of the irrigation ditch. (Affects Parcel No. C and D) 16. Any question that may arise due to the shifting and/or changing in the course of the irrigation ditch. (Affects Parcel No. C and D) 17. Any question arising as to whether or not Parcel No. B and Parcel No. C are contiguous. The two legals do not tie to one another and may gap or overlap. 18. A document entitled "Mitigation Agreement", executed by and between Yelm Terra LLC and Yelm Community Shools District No. 2 recorded August 27, 2004, as Instrument No. 3669374 of Official Records. INFORMATIONAL NOTES A. 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. FirstAmerican Tide Insurance Company Forth No. 14 Guarantee No.: N(5-112958-WA3 Subdivision Guarartbae (410-75) Page No.: 10 SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THLS 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) Defeds, hens, encumbrances, adverse claims or other matters against the tRle, whether or not shown by the public records. (b) (1) Taxes or assessments of arty taxing authority that levies taxes or assessments on real property; or, {2) Proceedings by a public agency which may resuR in taxes or assessrttents, or notlces d such proceedings, whether or not the matters exduded under (1) or (2) are shown by tits records of the taxing authorRy or by the publk records. (c) (1) Unpatertted mining daims; (2) reservations or exceptions in patents or in Aar authorizing the issuance thereof, (3) water rights, daims or title to water, whether or not the matters exduded 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 descripton set forth in schedule (A), (C) or in Part 2 of this Guarantee, or title [o streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or arty stnxture or improverrterrts; or any rights or easements therein, unless such property, rights or easements are expresslll r and spealfmlly set forth in said description. (b) Defects, hens, encumbrances, adverse daims or other mamers, whether or not shown by the publk records; (1) which are seated, suffered, assumed err agreed to by one or more d the Assureds; (2) which result in no loss to the Assured; or (3) which do rxX rewR in the invalidity or potentlal irnalkiity d any judkial or non-judkial proceeding which is within the scope and purpose of the assurances provided. (c) The (dentlty d any party shown or referred to in Schedule A. (d) The validity, legal effector priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDI'RONS AND STIPULATIONS L DeRnitfon of Tanm. The fdkwvtng terms when used In the Guarantee mean: (a) the 'Assured": tare party or parties named as the Assured in this Guarantee, or on a supplertrental 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 Indude any property beyond the lines d the area described or referred to in schedule (A) (C) or in Part 2, nor any right, tie, interest, estate or easement in abuCing streets, roads, avenues, alleys, lanes, ways or waterways. (c) 'mortgage": mortgage, deed d trtat, that deed, or other security instrvmett (d) "publk records' rernrds established under state statutes at Date d Guarantee for the purpose d imparAng constrvaive rtodce d matters relatlng to real property to purchasers for value and without knowledge. (e) "date": the effedive date. L Notice of Clairn to be Given by Assured Claimant M Assured shall notify the Comparry promptly in writing in cage krtowkdge shall corrre to an Assured hereunder d arty daim d tRle or interest whkh is adverse to the tltle to the estate or Interest, as stated herein, and which might muse loss err damage for which the Company may be liable by virtue d this Guarantee. If prompt notice shall not be given to the Company, then all liabilty of the Company shall terminate wfth regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudke the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the facture and then only to the extent dthe prejudice. 3. No Duty tto Defend or Pro®eorte. The Company shall have no duty to defend or prosecute any adlon or proceeding to which the Assured is a party, notw(thstanding the nature of any allegation in such adios or proceed(ng. 4. Company's Option m Defend or Prosearte Actions; Duty of Assured aaimant iJo Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Compamr shall have the right, at its sole option and cost, to institute and prosecute any adios 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 estabtlsh the title to the estate or Interest as stated herein, or to establish the lien rights d the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action order the terms d this Guarantee, whether or not R shall be liable hereunder, and shall not thereby concede liability err waive arty provision d this Guarantee. If the Comparry shall exerdse iLS rights under this paragraph, R shall do so diligently. (b) If the Company elects to exercise its optons as stated in Paragraph 4(a) the Company shall have the right to select counsel of Its choice (subject to the right of wch Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees d any other counsel, nor will the Company pay arty fees, costs or expenses irtcvrred by an Assured (n the defense d those causes d actlon whkh 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 d competent jurisdiction and expressly reserves the right, in its sole discretlon, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the deferee d any adios err proceeding, an Assured shall seaire to the Company the right bD so prosecute err provide for the defense d arty actlon err proceeding, and all appeals ttrelein, and pertnR the Comparry LD use, at Its option, the name d 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, seatdng evidence, obtaining witnesses, prosealting or defending the action or lawful act whkh 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 d the Assured. If the Company is prejudiced by the fa8ure d the Assured to famish the required moperatbn, the Company's obligatiora to the Assured under the Guarantee shah terminate. 5. Proof of Loss or Damage. In addition to and after the notlces required under Sedlon 2 of these CondRtons and Stipulations have been provided to the Company, a proof of loss or damage signed and swum to by the Assured shall be famished to the Company within ninety (90) days after the Assured shall ascertain the fads giving rise to the kiss err damage. The prod d kiss or damage shall describe the matters rnvered by this Guarantee whkh cortstltute the basis of loss or damage and shall state, to the extent poss'ble, the basis d cakulatlng the amount d the loss or damage. If the Company is prejudked by the failure of the Assured to provide the required proof of loss or damage, the Company's oblgaton to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submR to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, a[ such reasonable times and places as may be destgrtabed by arty authorized representatlve of the Company, all records, books, ledgers, dteda, corresportdertce and memoranda, whether bearing a date before or after Date d Guarantee, whkh reasonably pertain fA the kiss or damage. Wrtlter, if requested by any authorized representative of the Company, the Assured shall grant its pertnissfon, in writing, for am/ authorized representative d 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 irtfomtatbn desigrtahed as oortfidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment d the Company, R is necessary in the administration d the daim. Failure of the Assured to submR for examination urxler 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 Ifab(lity of the Company under this Guarantee to the Assured for that claim. Farm No. 1282 (Rev. 12/15/96) FiistAmerican Tide Insurance Company 6. Options too P'ay or Otbarwiaa Settle tJaims: Tarminatlon of UablRy. In rase d a claim under this Guarantee, the Comparry shall have the fdbwing addltbrwl optlarts: (a) To Pay or Tender Payment d the Amount d Liability or rA Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or In the name d the Assured any daim which could resuR in loss to the Assured within the coverage d this Guarantee, or to pay the full amount of this Guarantee or, M this Guarantee is issued fbr the benefit d a holder d a mortgage or a lienhokler, tfie Company shall have the option to purchase the Irrdeb0edrress warred by said mortgage or saki Iten for the amount owing thereon, togeher with any costs, reasonable atiwrneys' fees and expenses incurred by the Assured claimant whkh were authorized by the Gomparry up to the dme of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability d the Company hereunder. In the event after notlce of claim has been gNen to the Company by the Assured the Company offers to purchase sad krdebtedness, tfie owner d such indebtedness shall transfer and assign saki indebtedness, togetler wRh any cdlateral searnty, to tfie Comparry upon Payment d the Pun3tase pnbe. Upon the exercise by the Camparry d the opton Provided for in Paragraph (a) the Company's obligaton to the Assured under this Guarantee for the claimed loss or damage, other than to make tfie payment required in that paragraph, shall terrnlnate, Including arty obligation to contlnue the defense or prosecution d arty Iitigatlon for whkh the Company has exercised its options under Paragraph 4, and the Guarantee shag be surrendered to the Comparry for nanceilatlon. (b) To Pay or Otltensise Settle WRh Parties Other Than the Assured or WRh the Assured Claimant To pay or otherwise settle with other partles for or in the name d an Assured dalmant any daim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant whkh were authorized by the Company up to the tlme d payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) tfie fdmparry's obligation fD the Assured under th6 Guarantee for the chimed loss or damage, other than to moire the payment required in that paragraph, shall tertnfnate, irxiuding arty obligation to contlnue the defense or prosecuton d arty Iitigatlon for whkh the Company has exerdsed Its options under Paragraph 4. 7. Detsrminatlon and Extent of Liability. This Guarantee is a contract d Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered k-ss or damage by reason d reliance upon the assuanoes set forth in this Guarantee and only to the extent herein described, and subject to the FxJustons From Coverage d This Guarantee. The Liability d the Comparry under this Guarantee bo the Aswred shall not exceed the least of: (a) the amount of Ilabiltty stated in Schedule A or in Part 2; (b) the amount d the unpaid principal indebtedness secured by the mortgage of an Aswred mortgagee, as limited or provided under Secttlon 6 of these Conditions and Stlpulatbns or as reduced under Section 9 d these CondRbns and Stipulations, at the tlme the loss or damage Assured agalrst by this Guarantee occurs, together with krterest thereon; or (c) the difference between the value d 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. Umitation of Uability. (a) If the Comparry establisfres the title, or rennoves the alleged defect, lien or enambrarrce, or cures arty other molter Assured against by tfiis Guarantee in a reasonably d0lgent manner by arty method, hxluding litigation and the completlon d any appeals therefrom, K shall have fully performed its obligations with respect to tfiat matter and shall not be liable for any kmss or damage mused thereby. (b) In the event of any Iltlgatlon by the Company or with the Company's consent, the Company shall have no IiabllRy for loss or damage untll there has been a final detertnlnatlon by a court of oompeteM jurlsdktlon, and disposhlon of all appeals therefrom, adverse f4 the title, as stated hernJn. (c) The Comparry shall not be IWble for kiss or damage to any Assured for Bablity vdurdarily assumed by the Assured in settling arty daim err suR without the prbr wn'men mnsent d the Company. 9. Reduction of Uabiltty or Termtnatitxt of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant. to Paragraph 4 shall reduoe,the amount of liability pro tonic. ~~ 10. Payment d Loss. (a) No payment shall be made without produdng this Guarantee for endorsement d the payment unless the Guarantee has been k>st or destroyeii, in whkh case prod d loss or destruction shall be furnished to the satlsfaction of the Comparry. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Condltons and Stlpulatlons, the, loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or SettlsnerR. Whenever the Company shall have settled and pall a daim under tfiis Guarantee, aN right d subrogation shall vest in the Camparry unaffected' by any ad d the Assured cialmarrt The Company shall be subrogated to and be entltled to all rights and remedles whkh 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 Aswred shall transfer m the Company all rights and remedies against any person or property necessary to order tp perfect this right d subrogation. The Assured shah permit the Company m sue, compromise or settle in the name of the ASAxed and to use the name of the Assured in arty transaction or IRkJatlan invdving tfiese rights or remedles. If a payment on account d a daim does not fully corer the krs d the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its princpal, interest, and costs d collection. 12. Arbitration. Unless prohibited by appltoble law, eitltlrer the Company err the Assured may demand arWtration pursuant to the Title Insurance Arbitration Rules d the Americo Arbitration Assoclatlon. Arbitrable matters may Inducts, but are not limited bo, arry controversy or claim between the Company and the Assured arising out of or relating hi this Guarantee, any seMce of the Company in connectlon with iCs issuance or the breach of a Guarantee provison or other oblfgatton. All arbitrable matters when the Amount of Liability is ;1,000,000 or less shall be arbitrated at the optbn d ether the Company or the Assured. All arbitrable matters when the amount of liability is In excess d ;1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect aC Date d Guarantee shaA be binding upon the parties The award may kidude attorneys' fees only tf the laws d the sbte in whkh the land is located pennils a court to award atiDmeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any murt having jurlsdldlon thereof. The law of the sites d the land shall apply to an arbitration under the Title Insurance Arbitratbn Rules. A copy d the Rules may 6e obtained from the Comparry upon request. 13. Uabllity UmiLed to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, ff arty, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpretlng 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 daim, shad be restricted to tfiis Guarantee. (c) No amendment d or endorsernerrt to tlris Guarantee on be made except by a writlng endorsed hereon or attadred hereto signed by either the President, a Vioe President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, W here Sant. Ali notkes required to be given the Comparry and any statement in wrttlng required to be furnished tfie Company shah irxiude tlme number d this Guarantee and shag be addressed to the Comparry at 2 Frst American Way. Bldg. 2, Santa Ana, CA. 92707. Fans No. 1?82 (mZer. lutsr~ First American Tide Insuranca° Company ~~GEOMATICS ~+.-_~~i I ANC Sl_1RVFYING ©~~~~K~ 703 Yelm Ave. W. • PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~szbs> • FAX: 360-400-5264 October 18, 2004 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Second review and comment for Yelm Terra SUB-04-0157-YL Geomatics' Job No.: 1229 Dear Mr. Beck: I have completed my second review of the abovementioned plat dated October 18, 2004 by the surveyor. Attached, please find an original copy of the plan, sheets 1 - 6, with my "red-line" comments. 't'hes+e "'tad-Iines~ ~~ttest additional edits. I have also included original copy of the lot c osur ` . ~e'w o t e~ closure reports did not correspond with the duuznsions on the plat. a With the plat, I received a copy of First American Title Insurance Company's Third Amended Subdivision Guarantee, Order No.: NCS-112958-WA3-, dated September 13, 2004. The description of this plat is consistent with the description of said Subdivision Guarantee except for the following: • Parcel C: o The plat reflects the description of the more recent Boundary Line Adjustment. I did not receive copies of the record matters listed under Record Matters, on pages 5-8 of said guarantee. Therefore, I can not attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. I did not review the Approvals on sheet 1, sheet 2 nor sheet 3.sheets 1 (2 of 5 of the plat. The wording of the STEP System Plat Easement Provisions, Easement Provisions, Stormwater Maintenance Covenant and Notes are different than that of past plats approved by the City of Yehn. It may be beneficial to have the City Attorney review these items. Also, I do not have the means to review the Address Table. drb@geomaticslandsurveyi ng.com www. geomaticslandsurveyi ng.com October 18, 2004 ~.;-y Yelm Terra Landscape and irrigation plan inspection comments All open space improvements incomplete. Open space landscaping incomplete. Street trees did not follow planting plan. Some street trees missing. Area of 104t" not planted yet. No hydroseed or sod on any planter strips. Irrigation incomplete. '''!~~"--'G EOMATICS 'w~wi'w'w±w°~s I A N C7 S U R \/ F Y I N G 02000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~sz6s~ • FAX: 360-400-5264 October 18, 2004 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm. WA 98597 Re: Second review and comment for Yelm Terra SUB-04-0157-YL Geomatics' Job No.: 1229 Dear Mr. Beck: I have completed my second review of the abovementioned plat dated October 18, 2004 by the surveyor. Attached, please fmd an original copy of the plan, sheets 1 - 6, with my "red-line" comments. These "red-lines" request additional edits. I have also included an original copy of the lot closures. A few of the closure reports did not correspond with the ditnensiotis oti tlic plat. With the plat, I received a copy of First American Title Insurance Company's Third Amended Subdivision Guarantee, Order No.: NCS-112958-WA3-, dated September 13, 2004. The description of this plat is consistent with the description of said Subdivision Guarantee except for the foiiowing: • Parcel C: o The plat reflects the description of the more recent Boundary Line Adjustment. I did not receive copies of the record matters listed under Record Matters, on pages 5-8 of said guarantee. Therefore, I can not attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. I did not review the Approvals on sheet 1, sheet 2 nor sheet 3.sheets 1 (2 of 5 of the plat. The wording of the STEP System Plat Easement Provisions, Easement Provisions, Stormwater Maintenance Covenant and Notes are different than that of past plats approved by the City of Yelm. It may be beneficial to have the City Attorney review these items. Also, I do not have the means to review the Address Table. drb@geomaticslandsurveying.com www.geomaticslandsurveyi ng.com ''!r=~!GEOMATICS r~~~'!,-S~i LANG SURVEYING ©2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 • 360-400-LAND ~szs3~ FAX: 360-400-5264 I have enclosed Invoice #335 for the amount of $446.25 for professional services rendered. If you have any questions or desire additional information please contact me. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, P.S., Inc. Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com ~~GEOMATICS ~~=~!-2~i I ANC SURVEYING ©2ouu X03 Yelm Ave. W. pp Box ~SSn vGi M ~.,,, .,.,~ (SZ63) • October 18, 2004 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Second review and comment for Yelm Terra SUB-04-0157-YL Geomatics' Job No.: 1229 Dear Mr. Beck: I have completed my second review of the abovementioned plat dated October 18, 2004 by the surveyor. Attached, please fold an on final co "red-line" comments. These "red-lines" request addiPonaltedipla Ihave also mc~luded an original copy of the lot closures. A few of the closure reports did not correspond with the duliensions oti the plat. With the plat, I received a copy of First American Title Insurance Company's Third Amended Subdivision Guarantee, Order No.: NCS-112958-WA3-, dated September 13, 2004. The description of this plat is consistent with the description of said Subdivision Guarantee except for the following: • Parcel C: o The plat reflects the description of the more recent Boundary Line Adjustment. I did not receive copies of the record matters listed under Record Matters, on pages 5-8 of said guarantee. Therefore, I can not attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. I did not review the Approvals on sheet 1, sheet 2 nor sheet 3.sheets 1 (2 of 5 of the plat. The wording of the STEP System Plat Easement Provisions, Easement Provisions, Stormwater Maintenance Covenant and Notes are different than that of past plats approved by the City of Yehn. It may be beneficial to have the City Attorney review these items. Also, I do not have the means to review the Address Table. drb@geomaticslandsurveying. com www. geomaticslandsurveying.com 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 # 10/18/2004 335 P.O. No. Terms Geomatics No. Due on receipt 1229 Item Description Hours Rate Amount Overtime Second review of Yelm Terra SUB-04-0157-YL. 3.5 127.50 446.25 If you have any questions please call. TOta~ $446.25 Payments/Credits $o.oo Balance Due $446.25 Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb@geomaticslandsurveying.com www.geomaticslandsurveying.com z; ~° Wz Z ~ ~W M ~~ C.7' om~ ~~ z~, ^ ~ ~ W a l,v "~ 9~NO^ W ~~ ~ Az~' ~ O U Cn~~o 1r~~2 2W W'~~b 3 FUS <~ 1A_1 QO~3c~ ~ 2p0 ~U T'^`~3 Q ~W w ~q d 4<~ O p<Z ~~.~. tUpa ~ W ~~~ ~ m~~ '~ay`T t/]0.. `ae~ ~ ~ p= ~ ~O~Z ~ L, O U~ 2S ~~o f<= c~5 ~qII; < 3WY \ ° g N g g °w ~ <m5 j ~NZ ~ ai Y m J<U 1-~W .. j U ~~~ 4 4Zm ~ ~ Q~-"v~i ~ Inch' ,Q V h2T~T W ~W2 O `g ~ ~ ~ `~ _ 'g I~~ III a ~i ~ ~ Z ~' ~ ti > ~ VI U >y1~ ~ ...._ ~~ ~ Z ~ W Q ~ ~t~ F r~ 4~O ~, ~~ ... p aC~ .~ ~I~ W ° ° Wp ~ ~ ~ o ~ O W ~ z 2 lalo ~o U~ U~ W < z ~ S" ~ f' ~ o ` ~ W~~r ~ d' W 2 ~ W 2 w °~ (i o ~ ~ °u °2 ~ ~¢ Q ~i = a e ,'~ ~ O p '~ Q o a L~ p p ~ ~ ~ o v1 O p 1n ~ ~ ~ ~ > U ~~ W< ~ 4< ~ (Yc =~ ~ ~~ p ~ NQ ~ ~ a W u ~ v Wj vo ~O ~" °w ~ ~°, ~' OW .,~°w z ~m ca ~ W4°1 '_' Z ~~~ 6' ~ K-' ~' ~~1m w~ ~F' < < !!c ~ We ~_-' (na O w~-o ~ p z m<_ W \/r~^^ UW UW CW m~ TW ~~~ QW U 1i O~ ~ zp ~ a< U VI ^~ „y CC~ ~1 1~1 ~1 W \~ U 1,~, ~~ O <?I?~ ~ ~ ZZ2 op ~-' bF~a W C .Lt=e~ ~Qzm ~X h NZ(pp~~--~ ~m? ~ NjcpoO~ O ~C1'~~ ~'V hVl~ C{W,~ Z WVIa~ ~f~ ~ tWJ VOIO ~/1QU C'~ ~ 1 2 3 8 W p ~ Z~ SC rWr ~~ 2 ~ S~ pZ W G ^~ < a M W W~ F < W p ~ 0 2 W ~ SZW =N ~ ~~ ~ 5Z ~ ~~c1'1x z ~ ~ ~ ,.y w~oti ~~ ~ ~~kW W g ~~k2zN O 0. ~~I~I..~'1 ~~ a ~WiiW ~~ ~ a~WT~i'~ ~jb ~~ ~ NyWj 21011 ~1p N N<F~S~ /y O I,~W2 m ~SSi-OW ~V 2 ~~M ap O 3<~< ~~ 2 pl-tn~ w ~ii ~bVZ "zp1 ,}/r~Z ~q o3 p h~Wr ~'~W ~1nW 0>4_OO yF~41F~a'aw <W ~ yC~~~~~Q O UW1=- I~Q? 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I •, I I I I CD y m e ~ C7~ = .-~ ~ . m i 7 ~ U O W z x I-- U ~= m LL+ m {3 li: z ~ ~ m ' ~ ~ H ~ p,,, H W t~ W a ~o z m cn ~r ~ c M O _ ~'' z j ~ a m ~ wx H ~ UH z ~ ~ ~z w Q ~ Ha U '~ m ~ h ~ , m m ctf V] '~ a a a a o a ..~ a m z M ~ ~ ~ ~ O W m r~ O ~,~v~~ x O ~1~00 Iz ~.,,a a Q~ E ',~~ ..7 W O~ ! O Nw~~~ w ~ ~~ ~E+ ~y ~ 1' } "' O w Oa4 ~ 3 fY, ~ ~-' Er tp ~, W ~•Hd ~ ~ 16/13/2664 16:19 366-493-2476 SCA CONSULTING GROUP PAGE 61 From the desk of STEVEN L. CHAMBERLAIN 4200 Sixth Avenue SE, ~F3U7, Lacey, WA 98503 ~ 360.459.5555 or 360-493-6002 ~ 360.413.9831 ® sic~slcemail.com O CT 13 1004 Date O~f~ber 13. 7(1(ld To Tammv M~rrii~iun Fax Number _~ 'if.L~4~~-=~~ as RE: - Terre Follow up requested: A of rnis racsimile may contoln conflcfential, privileged inforrnatlon Intendea only for the individual or entity ro whom it is oddressed, no not react, copy or disseminote this infermafion unless you are the addressee (or the person responsible for delivering its, If you hove received `his communiCOtiOA in error, please return the orlginol communication to StevEn L. Chombeeclain via the postal ServlCe. Moiling COSis will be >Imbursed. # of Pages Sent 2 16/13/2664 16:19 366-493-?476 SCA CONSULTING GROUP PAGE 62 ', .~,, THE/RSTON GOUNTY TREASURER , .~i °;; , ~ ~~~ "'~%Uh O C 11.3 2004 RECEIPT NUMBCr; 1734982 Amount Dub: $2202.99 Page 1 of 1 Enterod: 10/12/2004 3:53 PM Interest Date: 10112!2004 C2shier. taylorm Drawer: 4 Receipt Applied To: Amount Tendered: Less Change: Amount Applied: $2,202.99 $0.00 $2, 202.99 Property Account No, !Reference Year DisMct Amount Description 22730210500 2004 170 $:153.67 Properly Tax Principal 2004 SOILCONSV $2.55 Conservation District Principal 2004 STATEFIRE $7,45 State Forest Patrol Principal 2004 WttUCTY $1.53 Weed Control Principal ?2730210600 20oa 170 $1,375.89 Property TaxPrinclpal 2004 501LCONSV 53.25 (.:onsen~atlon District Principal 2004 STATEFIRE $7,45 State Forest Patrol Principal 2004 WEEDCTY $2.96 Weed Convol Principal 22730210600 20114 +70 $,313.15 P~uNarty lax Pnnolpal 2004 SOILCONSV S2.65 Conservation District Princpal 2004 STATEFIRE $7,45 State Forest Petrol Principal 2004 WCEDCTY $1.y8 Weed Control Principal TOTAL: $2,202.99 Form of Payment Amount Reference Payer Personal [`.heck $2,202.99 YELM TERRA LLC TOTAL: ~ '$2,202.99 Thank you for your payment YELM TERRA LLC a20o 0TH AVE SE t>: a01 LACEY, WA 98503 End of Receipt NUmoO/ 1734962: 1 Page RECEIPT NUMBER: 1734962 (ascend) Run: 10/12/2004 3:28:22 PM *************** -COMM. JOURNAL- ******************* DATE MAR-23-2003 ***** TIME 23:46 ******** MODE = MEMORY TRANSMISSION FILE No.=246 STN COMM. KEY NAME No. 001 OK $ START=MAR-23 23:41 END=MAR-23 23:45 STATION NAME/EMAIL ADDRESS/TELEPHONE N0. PAGES DURATION 94932476 ***** DP-3520 ********************** -Yelm CDD 002/002 00:00:38 -Yelm CDD - - ***** - 360 458 3144- ********* FAX TRANSMISSION C1TY OF YELM COMMUNITY DEVELOPMENT DEPARTMENT PO BOX 479 -105 YELM AYE W YELM WA 98597 (360) 458-3835 FAX: (360) 458.3144 TO: ~~-~ j~ DATE: /b l ~ D / FAX #: PAGES: ~ including this cover sheet. FROM: ~~~~" tl ~~ SUBJECT: COMMENTS: ~ ~ ~a~ Cam ~XY1a,~ l,J 1~, W ~~ ~~Y1VY~e~'~ . " IF YOU DO NOT RECErvE ALL COPIES, OR ANY COPY LS NOT LEGIBLE, PLEASE CALL (360) 458.3835 AS Sooty AS POSSIBLE. R:\Templues\B[ 4NK FA7C TRANSMISSION.doc 4200 6th Avenue SE, Suite 301 Lacey, Washington 98509-3485 j (360)493-6002 i J, (360) 493-2476 FAX onsulting Group DATE: October 7, 2004 SEND TO: Tammi City of Yelm VIA: Drop off LETTER OF TRANSMITTAL SCA PROJECT NUMBER: 03008 AGENCY PROJECT NUMBER: PRO]ECT NAME: Yelm Terra COPIES DATE DESCRIPTION 1 10/07/04 Revised LID Segregation (Huddleston's Form forthcoming) 1 10/07/04 Revised Stormwater Facility Agreement w/Maintenance program 1 10/07/04 Revised Articles of Incorporation 1 10/07/04 Revised Final Plat Map/Lot Closures forthcoming tomorrow THESE ARE TRANSMITTED AS CHECKED BELOW: ^ FOR YOUR USE ^ AS REQUESTED ^ FOR REVIEW & COMMENT ^ APPROVED AS NOTED ^ FOR YOUR APPROVAL ^ RETURNED FOR CORRECTIONS REMARKS: TRANSMITTED BY: Steven L. Chamberlain cc: ~A~ ~,~4 0~j0~ `4 c4- ~ ; YELM COMMUNITY SCHOOLS T~~Q Where all students can learn and -row Erlin~ Birkland Director of Facilities October 6, 2004 Mr. Grant Beck Community Development Director City of Yelm PO Box 479 Yelm, Washington 98597 RE: SUB-04-0157-YL Yelm Terra LLC Dear Mr. Grant: Yelm Community Schools requires mitigation agreements for all subdivisions. Please include the mitigation provision as part of the SEPA requirements. Should you have any questions please call me at 4586128. Sincerely, ~~e~-~~ Erling . Birkland Facilities Director Yelm Community Schools YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOWS TITLE IX REQUIREMENTS. 107 ls~ Ave NE, P. 0. Box 476, Yelm, Washington 98597, (360) 458.6128, FAX (360) 458-6434 o~ T~ City of Yelm a~` °' Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 ww~Mn~o~row October 5, 2004 Yelm Terra, LLC Steven L.Chamberlain 4200 6'" Ave. SE, #301 Lacey, WA 98503 Re: Final Plat Application Review for Yelm Terra Subdivision, SUB-03-8353-YL Dear Mr. Chamberlain: The City has completed its initial review for the above referenced final plat application. We are still waiting for comments from Thurston County. We should receive those comments on October 8, 2004. I will forward those comments to you as soon as we receive them. There are items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: The reviewing surveyor has made his comments and corrections in red ink, and pink highlights. I have included our comments on the same plat, ours in blue. I have also included his letter. He will need to have the revised documents back to complete his review. Please be sure to con-ect all items. When you submit your revised plans, please include 3 copies of the full size plat, and one 11" x 17" copy. RETURN ALL REDLINED COPIES. 2. stormwater Agreement: Please submit a signed copy of the agreement to maintain stormwater facilities. Be sure to inlcude the operation and maintenance information with the agreement for recording. 3. I received your copy of the state certification for your Articles of Incorporation. I did see on page 1 of that document that you have the homeowners providing maintenance on street lights. That is not necessary. On page 5 of the CC8~R's, you will need to change item "S°, to match your stormwater maintenance title. Sign and return. 4. Survey review fees in the amount of $892.50. All documents that are to be recorded with the County must have aone-inch margin on the top, bottom, and sides. The County has become very insistent in that respect. Please double check your CCR's, and stormwater Maintenance, including the schedules to make sure any footers or page numbers do not fall into this one-inch margin. (3i®) 458-3835 (3i®) 458-3144 FAX mmio.ci.~lm.maua I understand that Mr. Huddleston is to forward the LID transfer document to me. I have not received it as of today. If you have any questions, please feel free to give me a call at (360) 458-8496. Sincerely, G~~ ~~ Tami Merriman Assistant Planner October 5, 2004 Page 2 of 2 r11!GEOMATICS '~~,i~~~~!i~ LANL7 SURVEYING 02000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~sz~s~ FAX: 360-400-5264 October 4, 2004 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Y~lm, WA 952597 Re: Review and comment for Yehn Terra SUB-04-0157-YL ~Tenrnatrc' Tnb Np,: 1229 Dear Mr. Beck: I have completed my first review of the abovementioned plat dated September 16, 2004 by the surveyor. Attached, please fmd an original copy of the plan, sheets 1 - 5, with my "red-line" comments. These "red-lines" request additional information and edits. I have also included an original copy of the lot closures. Many of the closure reports did not correspond with the dimensions on the plat. I will need to have revised lot closure reports to complete my review. With the plat, I received a copy of First American Title Insurance Company's Third Amended Subdivision Guarantee, Order No.: NCS-112958-WA3-, dated September 13, 2004. The description of this plat is consistent with the description of said Subdivision Guarantee except for the following: • Parcel A2: o Subdivision Guarantee "West 30 feet". o Piat "West 20 feet' • Parcel C: o The plat reflects the description of the more recent Boundary Line Adjustment. I did not receive copies of the record matters listed under Record Matters, on pages 5-8 of said guarantee. Therefore, I can not attest that all easements, restrictions and/or reservations ofreeord That should be show~l on the plat cif aYly), have 'ueeti show~l. I did not review sheet 2 of 5 of the plat. The wording of the Easement Reservations, Easement Provisions and the Maintenance Covenant is different than that of past plats approved by the City of Yelm. It may be beneficial to have the City Attorney review these items. Also, I do not have the means to review the Address Table. drb@geomaticslandsurveying.com www.geomaticslandsurveying.com ~r71!GEOMATICS w~~w~~~~.~ LANG S l_1 R V E Y I N G ©2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND csz~st FAX: 360-400-5264 I have enclosed Invoice #332 for the amount of $892.50 for professional services rendered. if you have atiy questions or desire further information please feel free to contact tne. 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 `.~ ~/~. ~_.~, ~~! ~, `'~( \~. ~" ~~ ~ c~ a G~ J c_ ~. _ _ ~' ~" ~~ ~ V E® PATRICIA COSTELLO Assessor THURSTON COUNTY 4'" d S,N~E,es= 3-:~ OFFICE OF THE ASSESSOR MEMORANDUM October 1, 2004 TO: City of Yelm i OS Y elm Avenue West PO Box 479 Yelm, WA 98597 FROM: Dawn Alene Breen, Thurston County Assessor's Office RE: YELM TERRA 1. Please designate the specific reason for all Open Space Tracts on face of map. 2. Please note location of current improvements ors. map; or, supply copies of destroyed property forms for file. 3. Please dedicate all streets or list them as Private on map. Looks like 104th Loop is the only one dedicated. 4. Prefix for this plat will be 8584. Thank you. r Signature- ~ _1~~,v,~, ~-~'~-~ ~l/~'-a-~'~.~J Dawn Alene Breen ~~ 2000 Lakeridge Drive S.W. Olympia, WA 98502-6045 ~`~~ as (360) 786-5410 FAX (360) 754-2958 TDD (360) 754-2933 Recycled Parer 16/61/2664 14:68 366-493-2475 SCA CONSULTING GP.OUP PAGE 61 YELM T~:lZ1~tA, LLC FAUX 4200 nth Avenue SE. Suite 401 360 493 6002 Fax 360 493 2476 To' Tami Date: 10/1/04/ 2004 Fax: 360 458 3144 pages: Re: Yelm Ter, ra Comments: Tami Please feud the Yelm Terra Homeowners A9sociation info. Please call if anything else is needed. John 360 95X 8805 10/01/2004 14:08 360-493-?476 SCE CONSULTING GROUP ~"-r~l'[~~`t 11;=+r rKUM:pITLEVSOrI ROOGCRS DI 36035i?8501 T0:360 493 2476 PAGE 02 P.002'962 ~a~ ~ ~~ ,. gTn T ~~ 0 4 , f ~_ ~.• '~l ~~ ~ t ~d _ ~. ,.~ ~y: ~ dm~ a .v ~~ eCretary o~ ~ta~e 1, S.A~'YI REED, Secretary of'Statc of the $t2te of Wa~hin~l.on and cLtisWdian of its .cal, hef~oby .lSS~tE CMS CERTIFICATE 4F IN CORPOItATZON co YELI~i T.~R~A, HO~EO~VNERS ASSOCIATiO\ a/an WA. Non-Profit Corporation, Cl,atzcr documcnt8 are c.ffectivc ~n the dace indica[ed below. Date: 10/l /2004 UBI Number; 602-433-836 AAl?,1D: 159158 ~~, srar,~ ~~ l ~.~ ~ R ~"~ ~ ~, Sl ~' ~ `~ y ~j 1nSy ~yQ Given under my hand and the Seal <~I'thc State ~1- W:~shin~ton at Olympia> the Stale C,a~+ii;:.tl ~ ~ yarn Reed, Secretary of Sta[a 16/61/2664 14:68 366-493-2476 SCA CONSULTING GROUP PAGE 63 u`-.-ei-~"~`+ 11=~e FROM.DITLE~SGN RODGE~tS DI 36F?528501 TQ.360 493 2476 P,00z~069 SFr9L~T R1~ rQ ARTICLES OF INCURPOIt~.1,TION ~~, err°~sr ~ ! r ~d~ ~/ j~~ ~~ ~ or ST~r ~ ~ 2pp4 E of wA5'tilN~~hf YELM TTRRA. I~pM,i,:nWNERS ASSOCTA11fUN The undersigned, for the Purpose o7•' forming a uon~profit, corporation under Chapter 24.03 of the Revised Code of W~filungtonl adopts the following ,~rtic.les of ),ncorporation: ARTICLC .I NAME T7te .na~~.e of the cotporati.on shall be Xeim Terra Homeowners rlssociatinn., b.er~.;,zaa-fir cal.ltd the ".Association". AR'C1CLE II DUl~A.T f ON "The pei~.od o('dutation oaf the A.asocietion shall be perpetual. AR'i,'iCLE .iTT PURPOSES AND POWERS Said corporation i5 organized ~xclusivel.y as a homeowners Association within the meaning of Section 52.R oftl~,e fntemal Reve~,a,ue Code of 195~t (or the cocrespondi.ng Prop-i,.ioE~ o~'auy future U.S, Internal [Zeventte law). 'Ghis Association doL3 not contemplate p~cttniaty gain or profit to its members. The specific pu,tposes for which this ~'~ssociation is fonnEd a.re: (]) to provide architeeturfil control ,for, t71e developrncnt of lute; (2) to ,provide for the zrtai.ntenartce and preservation of the common areas, including st.rect ligbti.n~, of certain prorerty in Thurston Coruaty, VJaslvngton, more perticnTlrly described on 1r`Chi.Fiit "A" to the .1.7eclaration of Covenants, Conditions artd Res~-rictions for Yeltn Tema (the "Declaration"); and (3) the Association shall also promote the health, ~a!'cty, and welfare of the residents ~vitbin ~1id ,pro~erry, and any ~dcli.uoe9 thereto. all in accard'a~icC wide cho ,provisions of tl~e Declaration. Without litl~iting the foregoing, the Association shall have the authority to: r~ae - i 16/61/2664 14:6s 366-493-2476 SCA CONSULTING GROUP PAGE 64 ~~ ~ -~~.-cr~r~~ lt: ~YJ rKUr~: ui ~ ~tu50N P,000EFtS DI 3603528501 T0: 3be 493 2476 P, 003i~0g (a) Exercise all of the powers and r~ivile~PS and perfo*m all of the duties at~d abligatioos of tii~ Associaiion as set forth in the )7eclaration applicable to die property and recorded or to bc: recorded in ck-e Office of the L'hurston County Auditor, and as the sam.c may be amended from. tirnc to time as tb.erein provided, said veclaravon. bei..n.g incor(~orated. herein. e3 if fully set fotrth, (b) Fix, levy, collect and enforce payment by an.y lawful means, of all chatge:s or a_S~essments pursuant to the terms of thsr Declaration, and pay all expenses in connection therewith, and all othce anal. other expenses it,cident to the conduct of the business of the Association, including all licenses, taxes oz governmental. charges levied, or impc-sed against the propertry of the Associatiotl. {c) Acnui.re (by ~trA~, ri~rchase or otherwise). otvn, hold, improve, build upon, overate, maintain, convey, sell, lease, t«uisfer. dedicate for pu.bli.c uqe or odlerwise d.iRpose of real or personal property in connection with the afi'ai.rs o~1'tlle Association. (d) 13uczow m.ol~ey, and with the assent of two-thirds (2/3) of each class of members, n,.ongage, pled~P, deed in trusty or b~ypothecate any nr all of its real or personal propert}~ 09 oecurity fo.r money borrowed or debts incttrncd, (e) J~edicate, sell, or. t~~sfer ~tll 4r nny part of tlic Common Area to any public agen.ey, atttliority, or tttil.ity for. su.cll pur~~oscs uuJ ,ulaj~ct to such con.di!tlons as tnay he agreed ro by the members. No such dedication or. transfer ah.all be a#Feclive unless 511Ch. tl'r1115J"L'r llaa ~1~^.cn approved. b~~ t~~~o_t.hirds (2/3) of esch class of me~~alxrs. agreeing to su.c.h dedicatio.ta., sale or transfer. (f) .Participate in mergers and eonsoli- dations with other nonpxoft corporation. orgv~i~~d for die same pulpr~ses pr annex additior.-~l. iz,i~l.en.[inl properly and Common Area., provided that any such merger, consolidation or annexation. shall llavc the t~ssent of t~~vo-thirds (Z3) of e~rh Mass nf,~,en~L~Ers. (g) Have and exercise any and aU powers, r. i ~litc, and privileges wfiich a corporation organized under the Non-Profit Corporation Law nF the State of Washingtrnt by Iaw may or hereafter l~:ivC ur rx.ercise. p~ga 10/01/2664 14:08 350-493-2476 SCA CONSULTING GROUP PAGE 05 ~~ ~ -~~a -~~~~+ 11 : `ill r kl IM: u1 ~ LEVSON P,ODGERS DI 3G035c85©1 T0: ~i60 493 2476 P. 004009 ARTICLE 1(V DISSOLUTInN In tJ.te event of dissolution, of dt.e Association., ocher than incident to a merger or co~i,~vliJ~cion, the aSSet.S of the .A.asoci.ation, shall bo dedi.cated to an appropriate public agency to be used far purposes si.trilar to those for which th.i.s A..SSOc.iation was created. Tn the event that such dedieatit»t is cefiused aeeoptEUt.ce, such aasets lizdl be granted, conveyed, anal a,Sa,i.gned tp 1r1y nonprofiC corporation, association, trust or other organization to be devoted to such similar purposes. ARTYC.LE V R>CGISTLR)an ~.Gr1 T I~.c address of the in,i.tial rcgistcrcd uf1'ic~ of, th.e r-~.ssociatyon is: ~'?4 V1+esi Bay Drivo NW, Ste 201,. Olympia, Was.h.ington 9$502, and Jhe i><a,me of the tnitial re~i.stered agent at such address is Jen»i.fer A. Pear~con. ~T><crr v>< >ao~.~ or nrxFC~ol~r 71,c nf~nirs of the cor~~oratiuti yha11 be matta~ed by the 130 of Directors (who need not be mr:mbcrs of tlae Association), Yursua.n.t to Article T](T3(2)(b) of the Decl.aratio.n, until the 'T'ransfer Ddtz, Declarant Thal] have the right Fn a1,Point ~u,d remove tha mcn,l~ors of the DOard of Dirr~:u~rs. After, the Transfc~t• D2tc the Directors shall be elected by the meszal,crship at the t-lssociation's annual meevn~. The n.umlier of ni.rectors eonststu~ing the i.n.itiaf Board of Directors o,f the Association is two (2) and t]~c na,mc aa~d. adih:C~s of th,e persOtts wli,o sire in Serve as llire~-tors until the first annual meeting of the members or u.nttl their successors are e;leeted and qualified as°e; lvam.c Steven 1:. Chamberlai.it Dan ICellev Address X200 ~~' ~venu.e ST:, Suite;pl Y.acey, WA 9803 P.O. Hox 3475 Lakewood, WA 98439-075; 1"he number, quaiifie~tions, r.Enns of off ce, manner of election, time and place of meetings, and powers and duties of the Dit~ectors sha11 le prescribed in. tl.te Bylaws. a~~~ 10/61/2664 14:OS 366-493-2476 SC^, CONSULTING GROUP PAGE 06 u~ ~ -el-~~~~=+ 11 ~ 41 FFOr~: ~ITLEv~oN ROGGEF<5 DI .:,6@352E50~ T0:360 ag3 ~q76 P. 005~e09 ART1C]L.1C VII LIMITATION ON PFRSf~NA>~ LL1131LI'i'Y AND INDEMNIFICATION OF DIRIi:CTpR~ Alm 0)k'F.CCI~RS ~-- Limitation on Personal Liabili No Director or officer oT tb.e A;sociation shall be personally liable for rnon~ry damages for conduct as a Director or o£~'icer, Qrovided rhat than provision shall nat clim,i.na~;e or, limit i.he li.lbi:lity of a Director or othcer for acts car OrXtiSSior-,q that involve intentional misconduct by a Direetrr or. officer or a lcnowin.g violation of law by a Tyirectpr or offtce;r, or for any transfer From which the .T_~irec.tor 4r officer will personally receive a heneft i1? money, property, or services to w•h.ich the Director or off ter is trot legally entitled, if RCW 24.0 i9 hereafter amended to at.~thorue corporate action fl~nher eliminating c-r li.rrtirin,g the personal liability of Directors, then the liability of a .Director shall. be eliminated or limited to the full extent permitted by RCW 24.0? as so amended. Any repeal or modification of this Article shall not adti-arse.ly sffect nny right or protection of a Director of the (:o.rporatiAn existing at the time of such repeal or modification .for or with respect to an act or om.i9sion of such. T~irector oceurriug prior to such repeal. or utodificat~.on. 13. )(~ndemnificaHon of Airecfor9 and Of#icet~s. I . Ri._ht to Indemnifcation. La,ch person who was, or is thre~-tened to be mndc n part; lu ur is otherwise involved (i.nclt~di.ng, witlaaut limitation, as a witness) in any actual or thrcaten~cl action, suit qr proccediiig, whether civil, c.riminaL administrative or i.nvcsrigativr, by reason of the fact tl,~t he or a~]rC is yr was a DirECtoT or offices of the Corporation or, while a Director or af~eer., he or she is or was serving at the request of the Corporation es a Direr.ror, mr.51:e°, officer, employee or agent of artotl~er corporation or of a partrtcrs.ltip, .joint venture, ttvst or other enterprise, incha.di.ng service with respect. to employee benefit plans, whether tlac ba.5is o.f ,ucb proceeding is a)l.cged action. in an. o;ff vial eanacity as a Director, tru~~tee, olFcer, employee or agent or in rtnv ether capacity while szrvipg as s Director. tnictce, n~~tcrs employee or c~gant, ohall be indcmni~ficd and ,held harmlea9 by th.e Corporation, to d,ie full extent permitted by applica.blc la,w as then in effiect, against all expertve liability and loss (including attorney's feEe. jud'Rments, fnes, LRT5r1 excise tFaxes or penalties anal amounts to he paid in settlemertr.) actuAll.y and reasonably incurred or suf~'ered by such person, i.n connection ~]iere~vitl,, and a^cl, indaiutific~~tiuu, shall conr,inue as t0 a person, who bati eased to be a Director. tlu4tee, officer, employee ar ageni and shill inure to the benefit of his ur her heirs. exeeutom ar,.d adtninistrxtors; provi<lcd, hc~tivever, tU.at except as pru~idc:c! in Scezl.on l3 of this Article with recpeet to proceedings seeking to enforce rights to indemnification, flat CorporFttinn shall indemnify any s~rc:h person seeki.r,~ indemnification, as is luthori~,ed by th.e Bc~arrt of Directors of the Corporation in Connection. with a proceeding (or part th.ercoF). Tlzc rigor to indemni'(iCation con6cnc~! i.a.t this Section slial.l Uc a contract nght and shall includt the right. to be paid by the Corporation the eYpcnses incurred in dcfencling any suc11 proceeding in. advznr•.e of its final. di.spositio,n; provided, I,.ov,rcvcr, that nc~ lrayrncnt of such J?aq~. 16/61/2664 14:68 356-493-2475 SCA COPJSULTING GP,OUP PAGE 67 ~~~-~a-cnGti 11:1'1 rK~1M:~1.TLEUSON ROUGERS DI 3603528501 T0:36f 493 2476 P.006 @09 expenses izt advance of, tb.e final disposition of a proceeding shall be made only upon d.elivety to the Corporation of an under~tki-,~, ly or on behalf, of s~aclh ,Director or. af~icer, to repay a1.1 amounts so acivanced;fit tihall ultimgtaly be determined tla.at such Director or officer is not entitled to be ind~,mni.fied under this Section or otkterwisc, 2. Ri lrt.,f Claimant to T3ri.n Sett. lfa claim under Section (l3)(1) oaf this Atticl,e is not plid in full. lry the Go~porativ:n within, sixty (6U) days after a written claim has becrl received by the Cotporation~ exceptrn 11~c c~~c of a ~Iniin. for eacpenscs incurred i.n dcfertding a proceeding in advance oi' its final disposition, in wltieh case the applicable pexiod shall be twenty (?0) days. the e.lairnanr. may at ~y ti..me thereafter bring suit zgai.nst the Corpo~•ati.on to recover t;be unpaid amount of the claim an,d, to the extent sucee$sflil i.» wh.o.le or in part, xh.e e.lai.mactt shall be entitled to b~ paid also thz cxpc„se vi'prosecutin,g yuclt c.iaim. ~l'he claimant shall be prettm.ed to bo entitled to indecnni~cation under this A.rt'icle upon Submission. of a written claim (and., in an action brni~uht to r_.nfozcz a ol.a.im for cxpcn9es incuryr~l in defending any proceeding in advance o.f its final disposition, where the required undertaking has been tendered. to the (:orporation), and thereafter the C:n,poratyon shall have the burden of, proof to overco.tne the presumption that the claimant is not :~o entitled. Neither th.e failw-e of the Corporation (inncluding its Board of Directors, independant legal. coun.~l ur its ~ncmbers) [o have made a determination prior to the commencement of such action that indenuufication of or reimbursement or. advanccmertt of cr-penses to the claimant is proper. in t1,e circwnstrtnccs nor at.t actual determination by the Corporation (inelud.in.g its $oard of .Directors, i"ndcrendeat lep J counsel or i.ts metnbers) that the cl,aima~tt i` nor enri.tled to ind.etnni.,f:.rcatfo» or to the reimbursement or advancement oi' Fxpense5 shall be a de:Pense to the action or create a presumption that the claimant is not so entitled. 3. Non-exclusivity of Ri hes. '1'h.c right to indemnification and the Dayment of cxpenae~ incurred in cl.efending a prroceeding i.n advance of its fuel d.ispositi.on conferred ira this Article sha1.1 not be exclusive of any other right which any person ttiay Have or bereafrer acquire v.nder any Statute. provision of ~he~ Articles of lucorporation, t3ylaws, agreement, vote of men,l7crS or disinterestoci Airectors or othcrvt-ise. 4. .T..nSurance, Contrsctg .And I'undine. Tktc Corporation may nsaintrzin insttratare, at i.ts expense, to protect it:,elf anal arc;• Director, ttu~tcr, ~.(>;icer, employee or agent o:f the Corporation or another corporation, pazt„ersh.ip, joint v~lttre, trust or other enterprises against any expcn_se, lial~iliry rn• lass" The Corporation cxtay, without furtlxer tnem,l~er action, enter into contracts with. achy bireetor or officer of the Corporation in. furtherance of the provisions of. this ~1,nicl.e and may create a lxust fund, grant a security interest or use other means (including, wirliout limiration, a letter of ercd.it} to ensure the payment of sttcl~ amounts as may he necessary to e~~ecl ind~r~anification os prr~v;dcd iti this ,'lrticle. P~q~ 16/61/2664 14:68 366-493-2476 SCA CONSULTING GROUP PAGE 6S ~~~-~~-~yb4 11:42 FROM~DITLEVSON F200GERS DI 360352d5C1 70:360 493 2476 P.007~009 5. Ir,r)emnification of Em loves Arid Aaentg of ehe Curnoratian. The Corporation may, by action of its Board of Directors from time to tizYte, provide indemnificat;ton and. nay expenses in advance of the final disposition of a proce~edin~ ro employees and agents of the Cornocation wi.ti~ the same scope and effect as tho provis7ons of this Article wit]a respect to the indemnification, atad advancemeo.t of e~cpenses of Di.~+cctors and ofii~ers of ~t~e Corporat9on o.r pursuant to rights gra.n.ted pursuant to, oz provided by, RCW 24.03 or othetwist. ARTICLE VI[I i,YCORPO,R.4,TOR The Warne and ad.dmss of the sole i>'icorJ~orator is Jennifer A. Pearson, 324 Nest Aay Drive N1tV, Suite 201, O]yrnpia, Was.hi.ngta.z 93502. ARTICLE iY L1MiT,r~TTO~ ON J3FN>EF'TT Ot EARN><YCS No part of the net earni.n~ of the 1~56ocia,tip~.7 shall i.n.urc (other than by 9cqu.iting, constsuctiAg or nmvidi.ng lztapagem.et~t, .mei.ntenance and care of As4oci.al:i0t,. property, anal other thsu by o rebate of excess tner.ulrCC~yhip duea, fees, or assesstrent9) to the benefit of. any member or individt.ral.. ARTICLE X MT',1~T)gERsHIl' T'very owner o.f s lot shaJ:l be a ,member of thin ASSOCi.~tion: Membership shall !x spptrctena,xt to and itt~y nat be ~icpdrated ~fi-cim ownership of any lot whiel~, is subject to assessment. ARTICLE YI CLASSES OF ME!VIBE.RSH~p 1~te Association shall have two (2) c1a.a5es o!'voting membership: (a) Class ",-~_'. Class •~~,^ mefibers shall he 111 ovmera, with the exception of Declarant, and shall. be crttitled tv one (l) vote for each lot owned. When more than nne meson la,olds an, iflterest in ;tnv lot, 111 Stich. persons shall by ineznbers. The vote for such Lots shall be divisible anal ~xereised as they deternune, bust in no event shalll l'n4re tlia,a one vote be cast with respect to any lot. (b) Clogs "A". The Class "B" member(s) shall. be the Declarant, a~1d shall be entitled to tl~rec. (3) votes Por e3C11 lot Owed. The Llass "B'' membership shall cease slid be converted into Class "A" rne~nbershap upon th,e Transfer Date as that terra is defined in thr T)c:r.I~r;tJ:ion. Pa.?a - 6 10/91/2664 14:08 366-493-2476 SCA CONSULTING GROUP PAGE 09 --~- ~ ~- ~~~~ ~ i . -*c ~rcui'~: U1 I LtVtiIJN kUDGEP.S DI 360352Q5@1 T0: 361d 49:, ~ 2476 P.008 e09 AizTZCI,>F XJI ~~rrNn~>.v~r of AR~;IC>i.Es ThESe Articles may be smended by the ~ascnt of. membe~-s holding seventy-eve percent (?5"/0) of rl~c total vorc~ i.~~ t1~C Association; provided, However, filar until the Transfer Date, as ih~t term iq defiaied in the DeclaratiQt,, any such an~c.txctmcat must be lpproved by Declarant; provided further, however, that the »n~rd of Directors shall have flit authority rA al~puiot a n.ew RegiSteted Afient, and the Di,rectars shall be elected aq stand in the Bylaws,, without the seed to emend these Articles. ATtTIC'LE XTiI' DT±'FiIYI.~'XUfV UN' TFR.MS The terms used in these ~rtic.Ios of Incorporation ,hall Ravi, Ll7e game mean9ng ay in the i~ecJ.atatinn. IN'wITNISS Wi:T.1vR.FpF, for the purpose ui' fotmin,g this .~lssoci~tian tutder the laws of the State of ~oshington, th.e undersigned, c~iastituting the sole incorporator of this corporation, has executed [hcsc Articles of 7ncotpcsranon this 1 ~ day of October. 2004. n Ter. ~. esrson, incorporator ~enA - 7 16/61/2664 14:68 356-a93-2x75 SCA CONSULTING GPOUP ~'-~-~1-~~e=+ :r~:4~ FROM-pITLEUSgra roDGEt?s DI 360526501 T0:36~ 493 2476 CONSCNT TO SERVE AS REC).SxERFA AGENT I, Jenn..ifer A..Pea.rson, hereby con.oent to scrvc as Kegistered. Agent, in, tixc; State of Wasx,ington, fur Qin Cullawing corporation: Ye1m Tern HorneownErs A.9sociation I un~clerstan.d that as agEttt 1~or il~,e corporation, it wit! be ixry .responsibility tq rec.~zve service o:f process in the name of tl~e corporazion; to forward a.ll mail to the co~atation; anal to irnrncdiazel.y nod:t~ tine Ofriee of the `ecretary of St<1tc in. the event of my resignation, or o:f any changes in. the t~gistered office address of; tlZe cofioration for wbiell I ant agent. Dated e~~GU) FE. .. P>sARSON .Registered OJ~cc Addre,~.v: PAGE 16 P.009~009 324 West Bsy Drive NEV, Ste 201. (~lymri.~_ Wasl.i.ington OB50'_' ARTICLES OF INCORPORATION OF YELM TERRA HOMEOWNERS ASSOCIATION The undersigned, for the purpose of forming anon-profit corporation under Chapter 24.03 of the Revised Code of Washington, adopts the following Articles of Incorporation: ARTICLE I NAME The name of the corporation shall be Yelm Terra Homeowners Association, hereinafter called the "Association". ARTICLE II DURATION The period of duration of the Association shall be perpetual. ARTICLE III PURPOSES AND POWERS Said corporation is organized exclusively as a homeowners association within the meaning of Section 528 of the Internal Revenue Code of 1954 (or the corresponding provision of any future U.S. Internal Revenue law). This Association does not contemplate pecuniary gain or profit to its members. The specific purposes for which this Association is formed are: (1) to provide architectural control for the development of lots; (2) to provide for the maintenance and preservation of the common areas, of certain property in Thurston County, Washington, more particularly described on Exhibit "A" to the Declaration of Covenants, Conditions and Restrictions for Yelm Terra the "Declaration"; and (3) the Association shall also promote the health, safety, and welfare of the residents within said property, and any additions thereto, all in accordance with the provisions of the Declaration. Without limiting the foregoing, the Association shall have the authority to: (a) Exercise all of the powers and privileges and perform all of the duties and obligations of the Association as set forth in the Articles of Incorporation of Yehn Terra Homeowners Association Page 1 Declaration applicable to the property and recorded or to be recorded in the Office of the Thurston County Auditor, and as the same may be amended from time to time as therein provided, said Declaration being incorporated herein as if fully set forth. (b) Fix, levy, collect and enforce payment by any lawful means, of all charges or assessments pursuant to the terms of the Declaration, and pay all expenses in connection therewith, and all office and other expenses incident to the conduct of the business of the Association, including all licenses, taxes or governmental charges levied or imposed against the property of the Association. (c) Acquire (by gift, purchase or otherwise), own, hold, improve, build upon, operate, maintain, convey, sell, lease, transfer, dedicate for public use or otherwise dispose of real or personal property in connection with the affairs of the Association. (d) Borrow money, and with the assent of two-thirds (2/3) of each class of members, mortgage, pledge, deed in trust, or hypothecate any or all of its real or personal property as security for money borrowed or debts incurred. (e) Dedicate, sell, or transfer all or any part of the Common Area to any public agency, authority, or utility for such purposes and subject to such conditions as may be agreed to by the members. No such dedication or transfer shall be effective unless such transfer has been approved by two-thirds (2/3) of each class of members, agreeing to such dedication, sale or transfer. (f) Participate in mergers and consoli- dations with other nonprofit corporations organized for the same purposes or annex additional residential property and Common Area, provided that any such merger, consolidation or annexation shall have the assent of two-thirds (2/3) of each class of members. (g) Have and exercise any and all powers, rights, and privileges which a corporation organized under the Non-Profit Corporation Law of the State of Washington by law may or hereafter have or exercise. ARTICLE IV DISSOLUTION In the event of dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association shall be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such Articles of Incorporation of Yelm Terra Homeowners Association Page 2 dedication is refused acceptance, such assets shall be granted, conveyed, and assigned to any nonprofit corporation, association, trust or other organization to be devoted to such similar purposes. ARTICLE V REGISTERED AGENT The address of the initial registered office of the Association is: 4200 6`h Avenue SE, Suite 301, Lacey, Washington 98503, and the name of the initial registered agent at such address is Steven L. Chamberlain. ARTICLE VI BOARD OF DIRECTORS The affairs of the corporation shall be managed by the Board of Directors (who need not be members of the Association). Pursuant to Article II(B(2)(b) of the Declaration, until the Transfer Date, Declarant shall have the right to appoint and remove the members of the Board of Directors. After the Transfer Date the Directors shall be elected by the membership at the Association's annual meeting. The number of Directors constituting the initial Board of Directors of the Association is three (3) and the name and address of the person who is to serve as Director until the first annual meeting of the members or until his successors are elected and qualified are: Name Address Steven L. Chamberlain 4200 6`h Avenue SE, Suite 301 Lacey, WA 98503 The number, qualifications, terms of office, manner of election, time and place of meetings, and powers and duties of the Directors shall be prescribed in the Bylaws. ARTICLE VII LIMITATION ON PERSONAL LIABILITY AND INDEMNIFICATION OF DIRECTORS AND OFFICERS A. Limitation on Personal Liability. No Director or officer of the Association shall be personally liable for monetary damages for conduct as a Director or officer, provided that this provision shall not eliminate or limit the liability of a Director or officer for acts or omissions that involve intentional misconduct by a Director or officer or a knowing violation of law by a Director or officer, or for any transfer from which the Director or officer will personally receive a benefit in money, property, or services to which the Director or officer is not legally entitled. If RCW 24.03 is hereafter amended to authorize corporate action further eliminating or limiting the personal liability of Directors, then the liability of a Director shall be eliminated or limited to the full extent permitted by RCW 24.03 as so amended. Any repeal or modification of this Article shall not adversely affect any right or protection of a Director of the Corporation existing at the time of such repeal or modification for or with respect to an act or omission of such Director occurring prior to Articles of Incorporation of Yelm Terra Homeowners Association Page 3 such repeal or modification. B. Indemnification of Directors and Officers. 1. Right to Indemnification. Each person who was, or is threatened to be made a party to or is otherwise involved (including, without limitation, as a witness) in any actual or threatened action, suit or proceeding, whether civil, criminal, administrative or investigative, by reason of the fact that he or she is or was a Director or officer of the Corporation or, while a Director or officer, he or she is or was serving at the request of the Corporation as a Director, trustee, officer, employee or agent of another corporation or of a partnership, joint venture, trust or other enterprise, including service with respect to employee benefit plans, whether the basis of such proceeding is alleged action in an official capacity as a Director, trustee, officer, employee or agent or in any other capacity while serving as a Director, trustee, officer employee or agent, shall be indemnified and held harmless by the Corporation, to the full extent permitted by applicable law as then in effect, against all expense liability and loss (including attorney's fees, judgments, fines, ERISA excise taxes or penalties and amounts to be paid in settlement) actually and reasonably incurred or suffered by such person in connection therewith, and such indemnification shall continue as to a person who has ceased to be a Director, trustee, officer, employee or agent and shall inure to the benefit of his or her heirs, executors and administrators; provided, however, that except as provided in Section B of this Article with respect to proceedings seeking to enforce rights to indemnification, the Corporation shall indemnify any such person seeking indemnification, as is authorized by the Board of Directors of the Corporation in connection with a proceeding (or part thereof). The right to indemnification conferred in this Section shall be a contract right and shall include the right to be paid by the Corporation the expenses incurred in defending any such proceeding in advance of its final disposition; provided, however, that the payment of such expenses in advance of the final disposition of a proceeding shall be made only upon delivery to the Corporation of an undertaking, by or on behalf of such Director or officer, to repay all amounts so advanced if it shall ultimately be determined that such Director or officer is not entitled to be indemnified under this Section or otherwise. 2. Right of Claimant to Brim Suit. If a claim under Section (B)(1) of this Article is not paid in full by the Corporation within sixty (60) days after a written claim has been received by the Corporation, except in the case of a claim for expenses incurred in defending a proceeding in advance of its final disposition, in which case the applicable period shall be twenty (20) days, the claimant may at any time thereafter bring suit against the Corporation to recover the unpaid amount of the claim and, to the extent successful in whole or in part, the claimant shall be entitled to be paid also the expense of prosecuting such claim. The claimant shall be presumed to be entitled to indemnification under this Article upon submission of a written claim (and, in an action brought to enforce a claim for expenses incurred in defending any proceeding in advance of its final disposition, where the required Articles of Incorporation of Yelm Terra Homeowners Association Page 4 undertaking has been tendered to the Corporation), and thereafter the Corporation shall have the burden of proof to overcome the presumption that the claimant is not so entitled. Neither the failure of the Corporation (including its Board of Directors, independent legal counsel or its members) to have made a determination prior to the commencement of such action that indemnification of or reimbursement or advancement of expenses to the claimant is proper in the circumstances nor an actual determination by the Corporation (including its Board of Directors, independent legal counsel or its members) that the claimant is not entitled to indemnification or to the reimbursement or advancement of expenses shall be a defense to the action or create a presumption that the claimant is not so entitled. 3. Non-exclusivity of Rights. The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Article shall not be exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, Bylaws, agreement, vote of members or disinterested Directors or otherwise. 4. Insurance, Contracts and Funding. The Corporation may maintain insurance, at its expense, to protect itself and any Director, trustee, officer, employee or agent of the Corporation or another corporation, partnership, joint venture, trust or other enterprises against any expense, liability or loss. The Corporation may, without further member action, enter into contracts with any Director or officer of the Corporation in furtherance of the provisions of this Article and may create a trust fund, grant a security interest or use other means (including, without limitation, a letter of credit) to ensure the payment of such amounts as may be necessary to effect indemnification as provided in this Article. 5. Indemnification of Employees and Agents of the Corporation. The Corporation may, by action of its Board of Directors form time to time, provide indemnification and pay expenses in advance of the final disposition of a proceeding to employees and agents of the Corporation with the same scope and effect as the provisions of this Article with respect to the indemnification and advancement of expenses of Directors and officers of the Corporation or pursuant to rights granted pursuant to, or provided by, RCW 24.03 or otherwise. ARTICLE VIII INCORPORATOR The name and address of the sole incorporator is Steven L. Chamberlain 4200 6`" Avenue SE, Suite 301, Lacey, WA 98503. Articles of Incorporation of Yelm Terra Homeowners Association Page 5 ARTICLE IX LIMITATION ON BENEFIT OF EARNINGS No part of the net earnings of the Association shall inure (other than by acquiring, constructing or providing management, maintenance and care of Association property, and other than by a rebate of excess membership dues, fees, or assessments) to the benefit of any member or individual. ARTICLE X MEMBERSHIP Every owner of a lot shall be a member of this Association. Membership shall be appurtenant to and may not be separated from ownership of any lot which is subject to assessment. ARTICLE XI CLASSES OF MEMBERSHIP The Association shall have two (2) classes of voting membership: (a) Class "A". Class "A" members shall be all owners, with the exception of Declarant, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lots shall be divisible and exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. (b) Class "B". The Class "B" member(s) shall be the Declarant, and shall be entitled to three (3) votes for each lot owned. The Class "B" membership shall cease and be converted into Class "A" membership upon the Transfer Date as that term is defined in the Declaration. ARTICLE XII AMENDMENT OF ARTICLES These Articles may be amended by the assent of members holding seventy-five percent (75%) of the total votes in the Association; provided, however, that until the Transfer Date, as that term is defined in the Declaration, any such amendment must be approved by Declarant; provided further, however, that the Board of Directors shall have the authority to appoint a new Registered Agent, and the Directors shall be elected as stated in the Bylaws, without the need to amend these Articles. ARTICLE XIII DEFINITION OF TERMS The terms used in these Articles of Incorporation shall have the same meaning as in the Declaration. Articles of Incorporation of Yelm Terra Homeowners Association Page 6 IN WITNESS WHEREOF, for the purpose of forming this Association under the laws of the State of Washington, the undersigned, constituting the sole incorporator of this corporation, has executed these Articles of Incorporation this _ day of ,2004. Steven L. Chamberlain, Incorporator Articles of Incorporation of Yelm Terra Homeowners Association Page 7 BY-LAWS OF YELM TERRA HOMEOWNERS ASSOCIATION ARTICLE I NAME AND LOCATION The name of the Corporation is the Yelm Terra Homeowners Association, hereinafter referred to as the "Association". The principal office of the Corporation shall be located at 4200 6`h Avenue, Suite 401, Lacey, Washington 98503, but meetings of members and directors may be held at such places within the State of Washington, County of Thurston as may be designated by the Board of Directors. ARTTf T .F iT DEFINITIONS Section 1. "Association" shall mean and refer to the Yelm Terra Homeowners' Association, its successors and assigns. Section 2. "Properties" shall mean and refer to that certain real property described as all of the area of Lots, (including common area) according to the Plat of Yelm Terra, recorded in the Office of the Auditor of Thurston County, in Volume of Plats, Pages ,and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 3. "Common Areas" shall mean all real property contained in the Properties and managed by the Association for the common use and enjoyment of the Owners. "Common Areas" are defined in the Declaration of Covenants, Conditions and Restrictions for Yelm Terra (the "Declaration") which is recorded with the office of the Auditor of Thurston County, Washington in Volume at Pages ,File Number Section 4. "Lot" shall mean and refer to any plot of land shown upon any recorded subdivision map of the Properties with the exception of the Common Areas. Section 5. "Owner" shall mean and refer to the record owner, or contract purchaser, whether one or more persons or entities, of any Lot which is a part of the Properties. The definition of Owner excludes those having such interest merely as security for the performance of an obligation. Yelm Terra By-Laws - 1 Section 6. "Member" shall mean and refer to those persons entitled to membership as provided in the Articles of Incorporation. Section 7. "Declarant" shall hereinafter mean and refer to Yelm Terra, LLC and its successor's or assigns. Section 8. "Declaration" shall mean and refer to the Declaration of Covenants, Conditions and Restrictions applicable to the Property recorded in the office of the Thurston County Auditor of Thurston County, Washington. ARTICLE III MEETING OF MEMBERS Section 1 -Annual Meetings. The first annual meeting of the members shall be held within thirty (30) days after the filing of the Declaration and each subsequent regular annual meeting of the members shall be held in October of each year thereafter, at such date and time as the Board of Directors shall determine. 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 fifteen (15) 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 -Quorum. The presence at the meeting of members entitled to cast, or of proxies entitled to cast one-half (1/2) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration, or these By-Laws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5 -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 or her lot. Section 5 -Action Taken Without a Meeting. The members shall have the right to take any action in the absence of a meeting which they could take at a meeting by Yelm Terra By-Laws - 2 obtaining the written approval of all the members. Any action so approved shall have the same effect as though taken at a meeting of the members. ARTICLE IV BOARD OF DIRECTORS; SECTION; TERM OF OFFICE Section 1 -Number. The affairs of this Association shall be managed by a Board of three (3) directors, who shall be members of the Association. The number of directors on the Board of Directors maybe changed from time to time by amendment to these Bylaws. Section 2 -Term of Office. At the first annual meeting and each annual meeting thereafter the members shall elect three (3) directors for a term of one (1) year. Section 3 -Removal. Any director may be removed from the Board, with or without cause, by a majority vote of the members of the Association. In the event of death, resignation or removal of a director, his or her successor shall be selected by the remaining members of the Board or a majority vote of members if no director(s) exists and shall serve for the unexpired term of the predecessor. Section 4 -Compensation. No director shall receive compensation for any service he or she may render to the Association. However, any director may be reimbursed for his or her actual expenses incurred in the performance of his or her duties. Section 5 -Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V ELECTION OF DIRECTORS Section 1 -Election. Pursuant to Article I(D) of the Declaration, until the "transfer date" Declarant shall have the right to appoint and remove members of the Board of Directors. Thereafter, unless done by unanimous written consent, election to the Board of Directors shall be by secret written ballot. At such election the members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise under the provisions of the Declaration. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. ARTICLE VI MEETINGS OF DIRECTORS Section 1 -Annual Meetin~s.The annual meeting of the Board of Directors shall take place immediately following the annual meeting of the members as set forth in Article III, Section 1 above. Yelm Terra By-Laws - 3 Section 2 -Regular Meetings. Regular meetings of the Board of Directors shall be held 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 beheld at the same time on the next day which is not a legal holiday. Section 3 -Special Meetings. Special meetings of the Board of Directors shall be held when called by the president of the Association, or by any director, after not less than three (3) days notice to each director. Section 4 -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 duly held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII POWERS AND DUTIES OF THE BOARD OF DIRECTORS Section 1 -Power. The Board of Directors shall have power to: (a) adopt and publish rules and regulations governing the use of the common area and the personal conduct of the members and their guests thereon; (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 By-Laws, the Articles of Incorporation, or the Declaration; (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; and (d) employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. Section 2 -Duties. It shall be the duty of the Board of Directors to: (a) cause to be kept a complete record of all its acts and corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such statement is requested in writing by one-fourth (1/4) of the members who are entitled to vote; (b) supervise all officers, agents and employees of this Association, and to see that their duties are properly performed; (c) as more fully provided in the Declaration, to: Yelm Te~Ta By-Laws - 4 (1) fix the amount of the annual assessment against each Lot no later than December 1st of each year in the manner prescribed at Article III(D) of the Declaration and fix the amount of any special or default assessment in the manner prescribed by Article III, Sections (E) and (F), respectively; (2) send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each assessment due date; and (3) foreclose the lien against any property for which assessments are not paid within fifteen (15) 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 an appropriate officer to issue, upon demand by a 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) cause all officers or employees having fiscal responsibilities to be bonded, as it may deem appropriate; and (f) cause the Common Areas to be maintained. ARTICLE VIII OFFICERS AND THEIR DUTIES Section 1 -Enumeration of Offices. The officers of this Association shall be a president and vice-president, who shall at all times be members of the Board of Directors, a secretary and a treasurer. and such other officers as the Board may from time to time by resolution create. Section 2 -Election of Officers. The election of officers shall take place at the first meeting for the Board of Directors following each annual meeting of the members. Section 3 -Term. The officers of this Association shall be elected annually by the Board and each shall hold office for one (1) year unless he or she shall sooner resign, or shall be removed, or otherwise 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. 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 Yelm Terra By-Laws - 5 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 officer appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7 -Multiple Offices. The offices of vice-president, secretary and treasurer may be held by the same person. No person shall simultaneously hold more than one of any of the other offices except in the case of special offices created pursuant to Section 4 of this Article. Section S -Duties. The duties of the officers are as follows: (a) President. The president shall preside at all meetings of the Board of Directors and the members; shall see that orders and resolutions of the Board are carried out; shall sign all leases, mortgages, deeds and other written instruments and shall co-sign all checks and promissory notes. (b) Vice-President. The vice-president shall act in the place and stead of the president in the event of his absence, inability or refusal to act, and shall exercise and discharge such other duties as maybe required of him by the Board. (c) Secretary. 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; 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 shall perform such other duties as required by the Board. (d) Treasurer. 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; shall sign all checks and promissory notes of the Association; keep proper books of account; cause an annual audit of the Association 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 IX COMMITTEES The Association may appoint an Architectural Control Committee, as provided in the Declaration. In addition, the Board of Directors shall appoint other committees as deemed appropriate in carrying out its purpose. Yelm Terra By-Laws - 6 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 By-Laws 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 property against which the assessment is made. Any assessments which are not paid when due shall be delinquent. If the assessment is not paid within fifteen (15) days after the due date, the assessment shall bear 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 property in the manner prescribed by Article III(H) of the Declaration, 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 escape liability for the assessments provided for herein by non-use of the Area owned and maintained by the Association or abandonment of his or her Lot. ARTICLE XII AMENDMENT Section 1. These By-Laws may be amended, at a regular or special meeting of the members, by a vote of a majority of a quorum of members present in person or by proxy. Section Z. In the case of conflict between the Articles of Incorporation and these By-Laws, the Articles shall control; and in the case of any conflict between the Declaration and these By-Laws, the Declaration shall control. Yelm Terra By-Laws - 7 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS FOR YELM TERRA Yelm Terra,LLC, a Washington limited liability company, Yelm Terra II, LLC, a Washington limited liability company, hereinafter "Declarant", being the owners of all of the lots of the Yelm Terra Subdivision in the City of Yelm, Thurston County, Washington, in order to provide for the sound development, the proper maintenance, the protection of the environmental and aesthetic quality and the healthful conditions of the aforesaid real property and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for themselves, their heirs, successors and assigns and agree to keep all of the Covenants, Conditions and Restrictions hereinafter set forth and which are hereby made applicable to the aforedescribed real property and which shall be binding upon the owners thereof to the extent provided in such Covenants and all the property shall be owned, held, used, occupied and developed in conformance with the Covenants, Conditions and Restrictions set forth herein. (See attachment A for complete legal description). ARTICLE I COVENANTS RESPECTING USE A. Land Use and Building Types. All of the lots in the Subdivision shall be used for residential purposes only. No more than one detached single family dwelling shall be constructed on each lot. B. Architectural Control. No building or other permanent structure shall be erected or altered on any lot until the construction plans, specifications and the plans showing the location and placement of the building or structure have been approved by the Architectural Control Committee as to the quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and grade elevation. As a guideline, owner's or purchaser's plans will be reviewed generally as to the following, which shall not be all inclusive: 1. The minimum square footage of living area for single family homes shall be 1,400 square feet excluding porches and garages and will not exceed two (2) stories in height. No outbuildings shall be allowed other than approved greenhouses and storage sheds, neither of which shall exceed l Ox 10 square feet in size and will require ACC approval. All houses shall have at least a two 2)car garage. 2. The exterior paint or stain on a structure or dwelling must be of a uniform color on all sides; a trim color is permitted as well as an accent color and front door color. 3. Yard landscaping on the front of the dwelling must be completed before occupancy or at the time construction has been completed by the builder and the home is available for sale, whichever is first. Declaration of Covenants. Codes & Restrictions of Yelm Terra Page 1 ARTICLE XIII 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 year, except that the first fiscal year shall begin on the date of incorporation. The foregoing By-Laws of the Association were duly adopted this day of ,..2004. STEVEN L. CHAMBERLAIN, Managing Member YELM TERRA, LLC Attested: Y"elm Terra By-Laws - g Where the Restrictions and Covenants herein set forth cannot be complied with because of land limitations or topographical conditions, the proper and orderly development of such lots shall conform to the conditions and terms of these Covenants as far as possible. The Architectural Control Committee is empowered to allow such variations as in its judgment shall permit the reasonable utilization of such lots consistent with the general plan and scheme of development herein. C. Site Plan Review. The approval of the Architectural Control Committee shall be required prior to the removal of any trees or substantial vegetation on the site, and shall be further subject to such ordinances and permits which may be required by City of Yelm. D. Building Location. Buildings and other structures located on each lot shall conform to and comply with City requirements. E. Completion of Structures. All buildings commenced on any lot shall be completed, including painting and landscaping the entire lot, not later than eight months after construction is commenced. F. Utility Services. All permanent utility services and connections thereto within the Subdivision shall be provided by underground services exclusively. Satellite dishes shall not exceed 18" in diameter and no ham radio antennae shall be permitted on the exterior of any buildings or on any lot within the Subdivision. G. Nuisances and Offensive Activities; Business and Commercial Activity. No nuisance or activity offensive to normal residential neighborhoods shall be permitted or maintained in the Subdivision. No type of business or commercial activity shall be conducted in the Subdivision that is not approved by the City of _Yelm and any other applicable regulatory agency, that is visible to the public view or that creates regular customer, client or employee traffic. H. Vehicle Maintenance. No vehicle maintenance except emergency service shall be conducted within public view. I. Temporary Structures. No modular or mobile homes (except for the initial construction trailer) shall be perritted on any lot in the Subdivision. No building or structure shall be moved in and set upon any lot in the Subdivision. All residences shall be constructed on site. No structures of a temporary character, including but not limited to trailers, basement houses, tents, garages, barns, motor homes, sheds or outbuildings, shall be used on any lot at any time as a residence, either temporarily or permanently. When referring to trailers, the term trailer shall include all forms of trailers or mobile homes of any size, whether capable of supplying their own motive power or not, without regard to whether the primary purpose of such trailer is or is not the conveyance of persons or objects, and specifically including all automobiles, buses, trucks, cars, vans, trailers, mobile homes, and motor homes, even though they may at any time be immobilized in any way, and the restriction shall apply to any period of any time of whatever duration. Living shall be restricted to a house or dwelling constructed on the property in conformance with these Covenants. Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 2 J. Boats, Campers, Travel Trailers and Motor Homes. Boats, campers, travel trailers and motor homes may be stored on a lot in conjunction with a permanent residence. All such storage shall be in a manner approved by the Architectural Control Committee whose approval or disapproval shall be final. Any trailers or motor homes parked in conjunction with any lot or parked on the street by any person shall be parked temporarily within the Subdivision no longer than 24 hours unless approved in accordance with this paragraph. K. Garbage and Refuse Disposal. No garbage, refuse, rubbish, or cuttings shall be deposited on or left on any lot unless placed in an attractive container suitably located and screened from public view. All garbage cans, refuse containers, and trash cans or receptacles shall be kept out of sight except on the days prescribed for pick-up. No building material of any kind shall be placed or stored upon any property in the Subdivision until the owner is ready to commence construction, and then such materials shall be placed within the property lines of the building site upon which structures are to be erected or are being erected and shall not be placed in the street. No outdoor incinerators shall be permitted. L. Livestock. No animals, livestock, or poultry shall be raised, bred, or kept on any lot. Dogs, cats, and household pets in reasonable numbers may be kept thereon if they are not kept, bred, or maintained for any commercial purpose and provided that the owners thereof conform to all city and county ordinances and all state laws applicable to the keeping of pets. M. Fences and Walls. No fences or walls shall be constructed on any lot unless approved by the Architectural Control Committee. There will be no front yard fences permitted. Walls such as retaining walls made of brick, rock, or other natural materials up to three feet in height may be permitted as part of a landscaping plan or development. All side and back yard fences shall be of pressure-treated woods, cedar, redwood, or brick materials. No steel or chain link fences are permitted. No fence or wall shall be erected, placed, or altered on any lot nearer to any street than the minimum setback for fences as required by City of Yelm. N. Discharge of Weapons. The discharge of weapons within the Subdivision shall be prohibited. Weapons shall include all firearms, b.b. guns and pistols, air rifles, air pistols, pellet guns, slingshots, bows and arrows. O. Water and Sewage. No individual water supply system shall be permitted on any lot. All lots shall be connected to the system constructed in the Subdivision. No individual sewage disposal system shall be permitted on any lot. All lots shall be connected with the City sewage system. P. Driveway and Parkin. Each lot shall have a driveway and parking area so as to accommodate a minimum of two cars in front of the garage. Driveways shall be concrete to the street. No roads for ingress or egress except for driveways to the street shall be permitted. Circular driveways as shown on the site plan maybe approved by the Architectural Control Committee and may be permitted. Q. Drilling and Minim. No drilling or mining in any form whatsoever shall be permitted on any lot. This shall include but not be limited to drilling, development operations, Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 3 refining, quarrying, or mining, and the construction of any form of derrick or structure designed for boring or mining purposes. R. Site Distance at Intersections. No fence, wall, hedge, object, or shrub planting which obstructs sight lines at street intersections shall be placed or permitted to remain on any corner lot except in strict conformance with applicable law and regulations. The maximum height is three (3) feet. The same sight line limitations shall apply to any lot within 10 feet from the intersection of the street property line with the edge of a driveway or alley pavement. S. Storm Water Facilities Maintenance and Pollution Source Control Plan. The Property has been subjected to an Agreement between the Declarant and the City of Yelm entitled Agreement to Maintain Storm Water Facilities, a copy of which is attached hereto. The use of the Property is restricted by this Agreement and subject to a lien to secure repayment to the County of Thurston/City of Yelm of its costs to perform maintenance and repair to the Subdivision storm water facilities, if necessary. T. Utility Easements. An easement is hereby reserved for and granted to Puget Sound Energy, TCI Cablevision, Yelm Telephone Company, the owner of any community water system and their respective successors and assigns under and upon the exterior six (6) feet of side boundary lines of all lots, in which to install, lay, construct, renew, operate and maintain pipes, conduits cables and wire with necessary facilities and other equipment for the purpose of serving the Subdivision and other property adjacent thereto with water, electric, telephone, gas service and television service together with the right to enter upon the lot at all times for the purposes stated. An easement is hereby further reserved for and granted to the City of Yelm for all drainage shown on the plat other than those located within the public ways shown on the plat and all natural drain courses for the purpose of installing, laying, constructing, renewing, operating, maintaining drainage for said Subdivision and other property adjacent thereto. ARTICLE II ARCHITECTURAL CONTROL COMMITTEE AND HOMEOWNERS ASSOCIATION A. Architectural Control Committee. 1. Membership. The Architectural Control Committee initially shall be composed of three (3) members, namely, Steve Chamberlain, Dan Kelley and Tom McCollum. Any of the members of said Committee may designate a representative to act for that particular member. In the event of death or resignation of -member of the Committee, the remaining member(s) shall have full authority to designate a successor. None of the members of the Committee nor his or her designated representative shall be entitled to any compensation for services performed pursuant to this covenant. A vacancy in the Committee shall not invalidate any of its actions or prevent the remaining member(s) from acting on any of the subjects within its purview. The initial Committee shall act until 5 years from Declaration of Covenants. Codes & Restrictions of Yelm Terra Page 4 the date of this Declaration or until Declarant has sold 100% of the lots in the Subdivision, whichever is earlier, unless the initial members of the Committee declare their control of the Committee to have ended by an instrument in writing filed for record with the Auditor of Thurston County. After the sale of 100% of the lots in the Subdivision, or after the initial members declare their control of the Committee to have ended or after the expiration of 5 years from the date of this Declaration, whichever is earliest, the Homeowners' Association referred to in Article II(C) shall appoint the members of the Architectural Control Committee. 2. Procedure. The Committee's approval or disapproval as required in these Covenants shall be in writing and shall only be effective in writing. In exercising the discretionary powers granted to the Committee, the Committee shall at all times exercise its power in a reasonable manner, and the Committee is hereby empowered to adopt such reasonable rules or regulations as it may find to be necessary with respect to the enforcement of these Covenants. In the event the Committee or its designated representative fails to approve or disapprove any plans or specifications submitted to it within 30 days after the submission thereof or, in any event, if no suit to enjoin the construction has been commenced prior to the completion of such construction, approval will not be required and compliance with the related Covenants shall be deemed to exist so long as construction is completed in accordance with the plans or materials submitted to the Architectural Control Committee in connection with the construction or proposal for construction. B. Yelm Terra Homeowners Association. Yelm Terra, LLC and Yelm Terra II, LLC as present owners of all of the lots in the Subdivision, shall form anon-profit corporation to be named "Yelm Terra Homeowners Association" and referred to hereinafter as "Association." 1. Membership Appurtenant to Ownership. Every owner of a lot in the Subdivision shall be deemed to be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any lot and ownership of a lot shall be the sole qualification for such membership. In the event that fee title to a lot is transferred or otherwise conveyed, the membership in the Association which is appurtenant thereto shall automatically pass to such transferee, notwithstanding any failure of the transferor to endorse to his or her transferee any certificates or other evidences of such membership, if any. The foregoing is not intended to include Mortgagees or any other persons who hold an interest in a lot merely as security for the performance of an obligation, and the giving of a security interest shall not terminate or otherwise affect an owner's membership in the Association. Notwithstanding any of the fore-going to the contrary, no owner, whether one or more persons, shall have more than one membership per lot. Membership rights in the Association shall include all rights and restrictions imposed thereon as described in this Declaration or as may be promulgated by the Board of Directors. 2. Voting. Membership in the Association shall include the right to vote. The Association shall have two (2) classes of voting membership: Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 5 (a) Class "A". Class "A" members shall be all owners, with the exception of Declarants, and shall be entitled to one (1) vote for each lot owned. When more than one person holds an interest in any lot, all such persons shall be members. The vote for such lot shall be divisible and exercised as the owners determine, but in no event shall more than one vote be cast with respect to the lot. (b) Class "B". The Class "B" member shall be the Declarant, who shall be entitled to three (3) votes for each lot owned. The Class "B" membership shall cease and be converted to Class "A" membership upon the date (hereafter, the "Transfer Date") of the happening of any of the following events, whichever occurs earlier: (i) the expiration of five (5) years after the date of this Declaration; (ii) the date on which 100% of the lots have been transferred by the Declarant; (iii) the surrender by the Declarant of the authority to appoint directors and officers of the corporation. 3. Books and Records. The Association shall make available for inspection, upon request, during normal business hours or under other reasonable circumstances, to owners and mortgagees, current copies of this Declaration, and the books, records, and financial statements of the Association prepared pursuant to the Association's Bylaws. The Association may charge a reasonable fee for copying such materials. 4. Transfer Date of Declarants' Authority. Until the Transfer Date described in Article II(B)(2)(b), Declarant shall have the right to appoint or remove any member of the Board of Directors and any officer or officers of the Association. From and after the Transfer Date, the said Declarant shall cease to have such authority and the Directors and officers of the Association shall be appointed and removed as set forth in the Articles of Incorporation, Bylaws and Chapter 24.03 RCW. 5. Successor to Declarant. The Association shall succeed to all of the rights, duties and responsibilities of Declarant under this Declaration upon the earlier of the events listed at Subsection (B)(2)(b) of this Article. Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 6 ARTICLE III COMMON AREAS "Common Areas" as that term is used herein shall mean and refer to any one, and collectively, all of the following parcels of land or easements contained in the final plat: Tracts "_" and "_" and the Storm Water Drainage Easement located adjacent to for the ARTICLE IV COVENANTS RESPECTING ASSESSMENTS A. Assessments. The Declarant, for each lot owner, hereby covenants and agrees, and every owner of every lot by acceptance of the deed or other instrument of conveyance thereof including real estate contract (whether or not it shall be so expressed in such deed or other instrument of conveyance) is deemed to personally covenant and agree, jointly and severally, and hereby does so covenant and agree, to pay to the Association: (a) annual assessments; (b) special assessments; and (c) default assessments applicable to such lot; such assessments to be established and collected as hereinafter provided. No owner may waive or otherwise escape personal liability for the payment of the assessments provided for herein by non-use of the Common Area or by abandonment or leasing of such owner's lot. Each and every owner shall pay a onetime initiation fee of $200.00, plus annual dues of $200.00. B. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety, convenience, and general welfare of the owners, including the improvement and maintenance of the Common Area. Proper uses of the assessments levied by the Association shall include, but are not limited to, the expenditures of funds for taxes, fees, expenses, charges, levies, premiums, expenditures, or other costs incurred by the Association for: Installation, maintenance and repair of common paths, walkways; 2. Providing services to the Common Area such as tree care, mowing grass, caring for the grounds and sprinkling and irrigation system, landscaping, shrubs, grass, walkways and pathways; street lighting; 3. Carrying out the powers and duties of the Association; 4. Purchase of insurance for the Association; 5. Any other purposes and uses that the Board shall determine to be necessary to meet the primary purposes of the Association, including the establishment and maintenance of reserves for repair, maintenance, taxes, and the other uses specified above. C. Assessment Years. The first assessment year for the levying of the Association's Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 7 monthly assessments shall commence upon the date of the recording with the Thurston County Auditor of the Declarant's first conveyance of the Common Area to the Association and continue thereafter until the following 31st of December. Subsequent assessment years shall thereafter commence on the first day of January and continue until the following 31st of December. D. Calculation of Annual Assessments. The Board of Directors shall prepare a budget by November 1st of each year (except the first assessment year in which the first annual assessment shall be determined at the organizational meeting of the Association) estimating its net cash flow requirements for the next year and an estimate of the assessments to be charged each owner, and the Board shall distribute the proposed budget to the owners. On or before December 1st of each year, the Board, at a Board Meeting held for that purpose and open to all members, shall approve the budget in final form, and shall determine, levy and assess the Association's annual assessments for the approaching year. Each budget shall include funds for establishing and maintaining reserves for periodic repairs, replacement, and maintenance of any improvements which must be replaced on a periodic basis, and for taxes, capital improvements, deficiencies from the prior year's Maintenance Fund, and other purposes, and shall include any expected income and surpluses from the prior year's Maintenance Fund. E. Special Assessments. Generally, in addition to the annual assessments authorized above, the Board may, at any time and from time to time, determine and levy in any assessment year a special assessment applicable to that particular assessment year for the purposes of defraying, in whole or in part, the costs, fees, and expenses of any construction, reconstruction, repair, demolition, replacement, or maintenance of the Common Area. F. Default Assessments. All monetary fines assessed against an Owner pursuant hereto, or any expense of the Association which is the obligation of an Owner or which is incurred by the Association on behalf of the Owner pursuant hereto shall be a default assessment. Notice of the amount and due date of such default assessment shall be sent to the Owner subject to such assessment at least thirty (30) days prior to the due date. G. Due Dates for Assessment Payments. Annual and special assessments may be paid in annual, quarterly or monthly installments. Unless otherwise determined by the Board, the annual assessments and any special assessments which are to be paid in annual installments, shall be due and payable to the Association, in advance, on or before December 31 of each year. If any such assessment shall not be paid within fifteen (15) days after it shall have become due and payable, then the Board may assess a "late charge" thereon in an amount not exceeding five percent (5%) of the unpaid assessment to cover the extra expenses involved in handling delinquent assessment payments and to encourage timely receipt of payments. Further, all such delinquent assessments shall bear interest as hereafter provided. H. Lien. All lots in the Subdivision shall be subject to the charges and assessments provided for the purposes set forth above and in the Articles of Incorporation and By-Laws of the Association. The Association shall have a lien against all lots in the Subdivision for said charges and assessments, including interest at twelve percent (12%) per annum on all such charges and assessments that are not paid when due. If said charges and assessments levied by the Association shall not be paid within one (1) month after they become due and payable, then the Association Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 8 may take any or all of the following actions: delinquency. Suspend the voting rights of the owner during any period of 2. Bring an action at law against any owner personally obligated to pay for the delinquent assessments. 3. Proceed to foreclose its lien in the same manner as provided for the foreclosure of mortgages under the statutes of the State of Washington. Whether or not a personal or a foreclosure action is commenced, the Association shall be entitled to recover all costs of collection of assessments from any delinquent Lot owner, including, but not limited to, the cost of title search and court costs, together with reasonable attorney's fees. Any first mortgage liens placed upon any of said lots which are recorded in accordance with the Laws of the State of Washington shall be, from the date of the recording of such mortgage, superior to such assessments and the liens provided for herein that are levied by the Association subsequent to the date that said first mortgage is recorded. ARTICLE V MODIFICATION OF COVENANTS These Covenants may be modified by an instrument in writing signed by the owners holding at least 75% of the total votes in the Association entitled to be cast, which instrument shall be recorded to be effective; provided, however, that: (a) any amendment which materially and adversely affects the security, title and interest of any Mortgagee must be approved by such Mortgagee; and (b) during any period in which Declarant owns an interest in any property in the Subdivision, such amendment must be approved by Declarant. ARTICLE VI TERM AND CONSTRUCTION These Covenants, Conditions and Restrictions shall run with the land and shall be binding upon all parties and persons owning lots or an interest therein as stated above and all persons and parties claiming under these Covenants, Conditions and Restrictions for a period of 20 years from the date these Covenants are recorded, after which these Covenants shall be automatically extended for successive periods of 10 years each in perpetuity unless an instrument signed by the owners of 75% or more of the lots has been recorded altering such Covenants in whole or in part. ARTICLE VII ENFORCEMENT Enforcement of these Covenants, Conditions and Restrictions may be by proceeding at law or in equity against any person or persons violating or attempting to violate such Covenants, Conditions and Restrictions, and such actions may be to restrain the violation or to recover Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 9 damages for each violation. In any such action, the prevailing party shall be entitled to recover any court costs and reasonable attorney's fees. ARTICLE VIII SEVERABILITY Invalidation of any one or more of these Covenants by judgment or court order shall in no way affect or alter any of the other provisions which remain in full force and effect. IN WITNESS WHEREOF the parties hereto have signed this Declaration of covenants, Conditions and Restrictions for Yelm Terra this _ day of , 2003. YELM TERRA, LLC YELM TERRA II, LLC By: By: Its: Its: STATE OF WASHINGTON ) ss. County of Thurston ) On this _ day of 2003, before me personally appeared to me known to be the/a of YELM TERRA, LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Dated: , 2003. (Please print name legibly) NOTARY PUBLIC in and for the State of Washington, Residing at Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 10 My appointment expires STATE OF WASHINGTON ) ss. County of Thurston ) On this _ day of 2003, before me personally appeared to me known to be the/a of YELM TERRA II, LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument.l In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. Dated: 2003. (Please print name legibly) NOTARY PUBLIC in Residing at My appointment expires _ and for the State of Washington, Declaration of Covenants, Codes & Restrictions of Yelm Terra Page 1 I / CF THE p•Q~ 9, ~~ ~~ YELM WASHINGTON Ciry of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Date: Company: Re: Address: File No: City, St Zip: Name: Items transmitted for: October 1, 2004 Yelm Terra SUB-04-0157-YL Yelm Terra, LLC ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find project information for Case Number SUB-04-0157-YL, Yelm Terra, for a 97 lot single family subdivision on 24.16 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before October 8, 2004. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider Page 1 of 1 Tami Merriman From: Tami Merriman Sent: Friday, October 01, 2004 12:02 PM To: 'slc@slcemail.com' Cc: Grant Beck (E-mail); Jim Gibson (E-mail) Subject: Yelm Terra Final Plat Application Steve: In reviewing the final plat application documents, I thought that I would send you an updated list of items still required. 1. As discussed at City Hall on Wednesday, September 29, 2004, all punchlist items, and all required improvements shall be completed and approved no later than October 15, 2004. ~A copy of the Certificate of Incorporation from the State, or a copy of the receipt to show you submitted to the State for the Homeowners Articles of Incorporation. ~ 3. The LID Segregation form, signed by Huddleston, and yourself, as well as a check in the amount of $3,175.00 (fee is $1,000, plus $25 for each lot over 10) 4. Jim's engineer review fees will be calculated, and these fees will need to be paid prior to the City Council Meeting. I think that is all we need at this point. I will let you know if we need anything further. Tami Merriman Assistant Planner City of Yelm 360.458.8496 10/1/2004 LETTER OF TRANSMITTAL DATE: September 30, 2004 SEND TO: Tami Merriman, Assistant Planner City of Yelm Community Development Department 105 Yelm Avenue West PO Box 479 Yelm, WA 98597 VIA: US Mail COPIES DATE DESCRIPTION 4200 6th Ave SE, # 301 Lacey, WA 98503 360.493.6002 360.493.2476 www.thescagroup.com SCA PROJECT NUMBER: 03008 AGENCY PROJECT NUMBER: SUB-03-8353-YL PRO]ECT NAME: Yelm Terra 1 ~ ~ ~1~~ THE SCA GROUP 1 9/21/04 Bill of Sale for water lines and appurtenances 4 9/30/04 Plat Map THESE ARE TRANSMITTED AS CHECKED BELOW: ® FOR YOUR USE ^ FOR REVIEW & COMMENT ^ FOR YOUR APPROVAL REMARKS: Tami ® AS REQUESTED ^ APPROVED AS NOTED ^ RETURNED FOR CORRECTIONS As per your letter of September 14, 2004, enclosed please find the above-referenced Bill of Sale fully executed, and the revised Plat Map. Thank you for your assistance. 1. TRANSM , ~ N ncy Con cc: 'Yelm Terra Project File I/ ~F THE p~~ ~~ 9. Ci o ~'el m ty 105 Yelm Avenue West YELM P•O. Box 479 WASNINOTON Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Dennis Baker Company: Geomatics Land Surveying Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Date: September 30, 2004 Re: Yelm Terra File No: SUB-04-0157-YL Name: Yelm Terra, LLC Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-04-0157-YL, Yelm Terra, fora 971ot single family subdivision on 24.16 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before October 8, 2004. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-j244 Transmittal Letter To: Assessor's Office Company: Thurston County Address: 2000 Lakeridge Drive SW, Bldg. 1 City, St Zip: Olympia, WA 98502 Items transmitted for: Date: September 30, 2004 Re: Yelm Terra Filc No: SUB-04-0157-YL Name: Yelm Terra, LLC ® 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-04-0157-YL, Yelm Terra, fora 97 lot single family subdivision on 24.16 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before October 8, 2004. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider O~pFT~p City of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASMINOTON September 14, 2004 Yelm Terra, LLC Steven L.Chamberlain 4200 6"' Ave. SE #301 Lacey, WA 98503 Re: Final Plat Application for Yelm Terra Subdivision, SUB-03-8353-YL Dear Mr. Chamberlain: The Community Development Department has received your application for Final Plat. At this time, the application is incomplete. We will not start our review of your final plat application until the following items are completed and/or submitted. 1. The Civil punch list must be completed and approved by Mr. Gibson prior to City review of the final plat application. 2. Bill of Sale for water lines and appurtenances. 3. Proof of submittal (receipt) or Certificate of the Articles of Incorporation for the Home Owners Association from the State of Washington. 4. Stormwater Maintenance Agreement. 5. The Application to Segregate the LID ERU's does not include the parcel that the ERU's are being transferred from. The parcel number and the parcel owner's signature are required on this form. 6. Your plat map, and lot closures refer to a Tract D, which was part of the boundary line adjustment with Mr. Longmire. This makes your map incorrect as well as the lot closures for Tracts D and B. I am returning your map with other corrections that I see in a cursory review. If you have any questions, please feel free to call me at (360) 458-8496. Sincerely, ~ Tami Merriman Assistant Planner (360) 458-3835 (360) 458-3144 FAX wioro.ci.yelm.ma.us