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Final Plat Documents
~~~ DEVELOPER AGREEMENT ~~~~~'` ~ ~~ )~Q5 Timber Estates CITY ®F YELM _ ~- 3 ~~~5 s This Agreement is made pursuant to the provisions of Sections 16.20.030 and 16.20.040 of the Yelm Municipal Code for the purposes of bonding in lieu of completion of required improvements and repairs described in the Exhibit A attached hereto and made a part hereof. The undersigned does deposit in trust with the City of Yelm 1 100.00 and grants the City the full power and authority to hold and expend the deposited amount for the purpose of completing the required improvements and repairs described in said Agreement not completed by May 31, 2008, pursuant to said agreement. It is understood and agreed that the City holds the certificate covering said account in its possession and agrees to hold the sum of 1 100.00 until release or partial release of this Agreement is received from the Community Development Department pursuant to the terms of the attached Exhibit, or demand made by the Community Development Department pursuant to Section 16.20.030 of the Yelm Municipal Code and the provisions of said attached Exhibit. DATED this 9th day of May, 2005 /' -. ELOPER (, EXHIBIT A Timber Estates Required Improvement Landscape Maintenance Cost Estimate $1,100.00 Street trees and landscaping are a required improvement for the Timber Estates subdivision. The owner/developer of any project requiring site plan review approval, subdivision approval, or short subdivision approval shall provide a performance assurance device in order to provide for maintenance of the required landscaping until the tenant or homeowners' association becomes responsible for landscaping maintenance. AIRBORNE PROPERTIES 7822 OLD HWY 99 SE Olympia, Washington 98501 360-754-7200 April 11, 2005 City of Yelm PO Box 479 Yelm, WA 98597 RE: Timber Estates City of Yelm Project No. SUB-04-0118-YL We hereby agree to create an assignment account of $1100.00, 20% of the cost, to guarantee the maintenance and growth of the street trees, to meet City of Yelm landscaping standards for subdivision development, on City of Yelm Project: No. SUB-04-0118-YL, Timber Estates, for a period of 3 years. Sincerely, Dduglas Bloom `Representative Hailer's Landscape & Design, Inc. PO Box 58 Tenino, WA 98589 Bill To Rainier Genera! Development PO Box 627 Rainier, WA 98576 Invoice Date Invoice # 3/23/2005 1674 Terms Project Due on receipt Quantity Description Rate Amount 32 Trees 157.03 5,024.96T Sales Tax 8.40% 422.10 D ~~ (' / j ~~ ~s . ~W - / ~~ i ~- Thank You! TOtal $s,447.06 ~'~, 3 la ~~ ~ 5 ~~ 3.3v 30 4th S. ~ 4 ~ ~ a Cp `~~ CITY O~ `~ , :, ~'~ ~ •~ m ~i A g,~,gT F •~~ .,., ~~-c~4~ ~3 y~ * "ONE THGUSA?~D OVE I-rUNDRED DOLLAR: ~ 0c? !:'E'dT: CAI c REC. NC. R.:~IAIIEF. GENERAL DEtI I'1C ~.75II7iln5 36755 r^v BOX 527 RAINIER t~lA 93576 , -~~~ t B:I~,~~TAR~ SUB-E~4-^118-YL DEPOSIT r'O!? LANDSCAPIN3 RECEIPT Pao. ,~ 6 ! 5 5 .AIti~CUNT REF NO. 1, 10=x.00 CHECK 33261 Sti`~-:-:}--~~_18-YL RAINIEF GENERAL DEPOSIT FCR LAiv"~SCAFING DETACH AND RETAIN THIS STATEMENT RAINIER GENERAL DEVELOPMENT, INC. FHNOT CO$PECT PLEASE NOTIFY USEPROMPTLYM NO RECE PT DESIRED. -.', DELUXE BUSINESS FORMS 1+800-328-0304 eM~:.tleluxetorms.com DELUXE -FORM DVCB-2 V-6 I DISTRIBUTIONS DATE DESCRIPTION AMOUNT ACC?. NO. AM140UNT i °~`~~-ay- ~/r~-yL EMPLOYEE EARNINGS DEDUCTIONS F~RIOD TOTAL TOTAL ENDING HouPS afdCJNT RgTE ~caRN-o aT OvEP-PL9E EARNINGS F ~'- ~~ wlTUyni DING SrgTE DEDUCTIONS NET PAY aE~uLa aaTE aNC cr.~..Ea u.s. INC. rqx INCOt.+E Tax ~ I ,~_5 o~ ~rK~ waa~~.~ra .aw. Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: May 13, 2005 City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Re: SHS-04-0118-YL, Timber Estates Final Plat Enclosed please find the final recorded documents for Case Number SHS-04-0118-YL, Timber Estates, a 9 lot single family residential short plat, on Vancil Road SE. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SHS Short Plat-Subdivision\04-0118 Timber Estates\dist final plat memo.doc eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, & Restrictions 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reynolds, Brian, Airborne Properties 2. Timber Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the SE '/4 of the NE '/4 of Section 30. Township 17 North, Range 2 East, W.M. Assessor's Property Tax ParceVAccount Number: 22730140700 Page 850of 3 I IIIIII VIII IIIIII IIIIII III IIIIIII VIII III VIII IIII IIII ©5106 205 f © ~7R IIIIIIIIIIIIIIII ©9109/205 ©1.39P IIIIIIIIIilllll Iillllilllliilll IIIIIiI BERNARD L PERE2 COV $34.00 Thurston Co. Wa. ATES COV $36.00 Thurston Co. Wa. AFTER RECORDING RETURN TO: *************************************** Airborne Properties, LLC Pages 2 of 18 and 3 of 18, of Auditor's 7822 Hwy 99 SE file no. 3729725 are being re-recorded Olympia ,Washington 98501 to insert information regarding legal description and recording data. DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The land Referred To Herein Is Situated In The State Of Washington, City Of Yelm, County of Thurston And Is Described As Follows: Lots 1 to 9 and Common Area Tract A of Timber Estates, as recorded in the office of the Thurston County Auditor on 6th day of 1KAY 20 05 ,under Thurston County Auditor's File No. 3729729 THIS DECLARATION IS MADE THIS 6th DAY OF 1KAY , 20 05 by AIRBORNE PROPERTIES, LLC, A Washington limited liability corporation, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH Whereas, Declarants are the owners of certain real property in The City of Yelm, Lots 1 through 9 and the common areas, Tracts A of Timber Estates as recorded in the office of the Thurston County Auditor on 6th day of 1KAY 20 05 under Thurston County Auditor's File No. 3729729 (hereafter referred to as "the property" or "properties"); and WHEREAS, Declarants will convey certain of the said properties, subject to certain protective covenants, conditions and restrictions, reservations, liens and charges as hereafter set forth. NOW, THEREFORE, Declarants hereby declares that the properties described in ARTICLE II hereof shall be held, sold, conveyed, subject to the following easements, restrictions, reservations, charges, liens, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property. These easements, restrictions, reservations, charges, liens, covenants, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest herein and/or on all parties having or acquiring any part thereof, and shall inure to the benefit of each owner thereof. Pag 5$ 20o f 3 I IIIIII VIII IIIIII IIIIII III IIIIIII VIII III VIII IIII IIII 05!08 2©O5 10'078 IIIIIIIIIIIIIIIIII ~9/~9/2005 ©1 39P Iillllllllllllll IIIIII illll IIIIII III BERNARD L PEREZ COV $34.00 Thurston Co. Wa. TIMBER ESTATES COV $36.00 Thurston Co. Wa. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Timber Estates Homeowners Association, a Washington non-profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein after described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property including the improvements thereto owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: Tract A, Timber Estates. Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the recorded subdivision map of the Properties with the exception of the Common Areas. ~ 3 m M Section 6. "Declarant" shall mean and refer to Rainier General Development, Inc., its o ° ~ successors or assigns who should acquire more than one undeveloped Lot from the Declarant for n M ~ .. ~ N the purpose of development. ~ ~ o ~ M a o ~ ARTICLE II = m v ro ~ rA PROPERTY SUBJECT TO THIS DECLARATION -o ~ V The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration is located in Yelm, Washington, Thurston County Washington as is described as follows: ~ N W ~ ~ LOTS 1 TO 9 AND COMMON AREA TRACT A OF TIMBER ESTATES, AS ~ a RECORDED UNDER AUDITOR'S FILE NO. 3729729 IN THURSTON COUNTY, ~ a WASHINGTON ~ a Z ~ W m I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I 3729725 IIIIIIIIIIIIII 05 06/20©5f0107R TIMBER ESTATES COV $36.00 Thurston Co. Wa. ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Property. No structure or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential lot other than a residential dwelling, not to exceed two stories in height, with a private garage or carport for not less than one (1) or more than three (3) standard size passenger automobiles and one recreational vehicle, each lot shall provide at least two (2) off street parking spaces including the garage, carport or driveway. During construction of a residential structure, construction materials may be maintained, by the builder, on a residential lot. Also, fences in compliance with Section 7 and Section 8 herein, and outbuildings that service a residential structure that are in compliance with Section 4 herein, are allowed. Section 2. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said activity be in compliance with City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same maybe conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a manner (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential construction as described in Section 1, nor shall anything be done on any residential lot which maybe or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be permitted on any street, sidewalk or other public area. Section 3. Automobiles, Boats, Trucks, Trailers, Recreational Vehicles. The streets within the plat shall not be used for overnight parking of any vehicles other than private automobiles. This covenant specifically prohibits the street storage of automobiles, boats, trucks, trailers or recreational vehicles. The City of Yelm parking ordinances shall supersede this section where discrepancies appear. No owner of any residential lot shall permit any vehicle owned by such lot owner, any member of the lot owner's family or any guest or acquaintance or invitee to be parked upon any street or upon any lot within the property for a period in excess of forty-eight (48) hours where such vehicle isnon-operational, in repair or abandoned unless such vehicle is on a lot and enclosed in a garage or outbuilding, or screened by a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 4. Residential uses of Temporary Structures Prohibited. No trailer, tent, shack, garage, barn or other outbuildings or any structure of any temporary character erected or placed on the property shall at any time be used as a residence either temporarily or permanently. 3729725 I IIII 05106.12005 f ©07A III III IIIIII (IIIIII (IIIIII IIIIII IIIIII III (IIII IIII TIMBER ESTATES COV $36.00 Thurston Co. Wa• Section 5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Cats, dogs, birds or other household pets maybe kept if they are not kept, bred or maintained for any commercial purpose; provided however, that they shall not be kept in numbers or under conditions so as to become a hazard to health, safety and/or the quiet enjoyment of any lot subject to this declaration. Any kennel or dog run must be screened from view of the street. Any dogs must be kept so as to minimize excessive noise from barking or they shall be considered a nuisance according to the terms of the covenants. Section 6. Mortgage Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots. Title to any property obtained as a result of any foreclosure proceeding shall specifically be held subject to all of the provisions herein. Section 7. Building Setback. No building or detached structure (with the exception offences as described in Section 8 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house, nor nearer than five (5) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet in height. Fences shall be well constructed of suitable wood or vinyl fencing materials and shall be artistic in design and shall be in architectural harmony with the buildings and fences of adjacent lots. A chain link fence shall be allowed around the drainage pond if necessary. No fence, wall or hedge over three (3) feet in height shall be erected, placed or altered on any lot nearer to any street than the building setback line, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said wall. All fences shall also meet the requirements of Section 13 where necessary. Section 9. Easements. Easements for utilities, drainage, and access are reserved as delineated on the recorded plat map. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 10. Signs. No sign of any kind shall be displayed to the public view on any lot except professionally produced signs that total not more than 3 feet square, advertising the property for sale or rent, signs used by a builder to advertise the property during the construction and sales period are permitted. Signs of a political nature maybe displayed from 30 days prior to any election or primary election day and 30 days following election or primary election day. 3729725 VIII IIII IIII 05 ©6.12005 f © 07R IIIIIIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIII TIMBER ESTATES COV $36.00 Thurston Co. Wa. Section 11. Oil and Mining_Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any lot. Section 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 14. Garbage and Refuse Disposal. No lot, open space or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for proper disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into or upon public streets, ditches or the adjacent property. The removal and proper disposal of all such materials shall be the sole responsibility of the individual lot owner. All containers for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 15. Dwelling size. The ground floor area of the main structure, exclusive of a one-story open porches and garages, shall be not less than 700 square feet for aone-story dwelling, nor less than 1200 square feet for a dwelling of more than one story. Section 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. The entire house must be painted or stained approved colors. The idea is that colors that are very bright, provocative, or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Timber Estates Homeowners Association. An owner wishing to change the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be reasonably withheld. Section 18. Nuisance. No noxious or offensive activity shall be carried on upon any residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the value of the property of any neighbor or of the neighborhood in general. IIIIII VIII Pag 9765of 18 IIIIIIIIIIII o . IIIIIIIIIII 5!06!2©©5 IIII III Iilll IIII II 10.078 II TIMBER ESTATES COV $36.00 Thurston Co. Wa. Section 19. Firearms. The shooting of any type of weapon or firearm is prohibited, including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots. Section 20. Landscaping. Landscaping of the front and at least one half of the side yards shall be grass. Yards shall be regularly mowed and neatly maintained at all times. The original deciduous trees shall be replaced if they die, become diseased or too large for the site. All landscaping_shall be completed within one (1) year. Homeowners shall be responsible for the street trees and lawn within the planter strip between the sidewalk and street adjacent to each of the homes. Section 21. Drainage Tract's A shall be dedicated to the Homeowners association, and the Homeowners Association shall be responsible for maintaining the Stormwater Drainage as required by The City of Yelm and reasonable environmental practices as outlined in Timber Estates Maintenance Plan. ARTICLE IV VOTING MEMBERSHIP Section 1. The Association shall have two classes of voting membership. Section 2. Class "A" Class "A" members shall be all owners, with the exception of the Declarant, and shall be entitled to one 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 exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Section 3. Class "B" Class "B" member (s) shall be Airborne Properties, LLC, (the Declarant or successor) and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease upon the happening of either of the following events, whichever occurs earlier: (A) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (B) on December 31, 2006. Section 4. FHA/VA Approval. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration; Annexation of additional properties, dedications of Common Area and amendment of this Declaration of Covenants, Conditions and Restrictions. I III VIII IIII IIII 05l06.~ 005 f 0'©7A 111111 VIII 111111 111111 III 1111111 IIII TIMBER ESTATES COV $36.00 Thurston Co. Wa. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the lien and Personal Obligation for Assessments. The declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Areas, including the maintenance of Stonnwater Facilities. Section 3. Maximum Annual Assessment. Until December 31, 2005, the maximum annual assessment shall be one hundred dollars ($100.00) per lot. (A) From and after December 31, 2005 the maximum annual assessment maybe increased above 5% by a vote of fifty percent (50%) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (B) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of deferring, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Area, including fixtures and personal property related thereto, provided that any such assessment shall have the consent of fifty percent (50%) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 3729725 I IIII IIII 05 06.12m05 f ©~7R I III IIII IIIlillll Illilllll illllllll 1111111 III TIMBER ESTATES COV $36.00 Thurston Co. Wa. Section 5. Notice and Quorum for any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action under Section 3 and 4 shall be sent to all members no less than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting maybe called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceeding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and maybe collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Area. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment period. Written notice of annual assessment shall be sent to every owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding on the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve (12%) per annum. The Association may bring action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien and such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. IIIIIIVIIIIIIIIIIIIIII ©sg9795of 1s IIIIIIIIIIIIIIIIII 06!2005 10.078 IIIIIIIIIIIII TIMBER ESTATES COV $36.00 Thurston Co. Wa. ARTICLE VI DESIGN APPROVAL No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its design Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Declarants, Timber Estates Homeowners Association and/or the owner of any lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed, by the provisions of this declaration; provided however, that the Declarant's right to enforce the provisions of this declaration shall terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this declaration; and provided further, however, that the termination of the Declarant's power to enforce this declaration shall in no way affect the power of any successor, lot owner or the Timber Estates Homeowners Association to enforce the terms and conditions of this declaration. In any action to enforce the terms and conditions of this declaration, the party prevailing shall be entitled to an award of such party's costs, including attorney's fees, against the non-prevailing party for all costs incurred with respect to the enforcement of this declaration. Failure of the Declarant or any such owner or contract purchaser or Timber Estates Homeowners Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this declaration, including the declarants, Timber Estates Homeowners Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) 3729725 I IIII D5 ©6/2~~5 010 : ~$R IIII II III II IIIII IIII illll 1111111 1111111 IIII 1111111 Wa rTMBER ESTATES COV $36.00 Thurston Co years from automatically extended successive periods often (10) years, unless an instrument terminating all covenants, which is signed by not less than the owners then owning ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any period thereafter, of the property subject to this declaration and any supplemental declaration shall have been recorded with the Thurston County Auditor. The covenants and restrictions of this declaration maybe amended by an instrument signed by not less than the owners of seventy-five percent (75%) of the lots. Amendments shall take effect when they have been recorded with the Auditor of the County of Thurston. Brian~eynolds Airborne Properties, LLC Managing Member ACKNOWLEDGMENT ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the day of A P~L~L. 200 ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~j 12 t ~-rl ~~ ~ a (d, S To me known to be the ~Cl,V1Gi.~' l -7q ~-{ Lrvt b Pte' (TITLE(S) of ~ - -- l~D -' n~ P~ ~--~-~t z: St LL.c (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal the day and year first-above written. (~~ ~ 1 ~~~~~`~~GA~H4p~!~4 Notary Public in and for the `~p~o~~,~ssioN~A9~~ ~ State of Washington, residing in _~ MAA N: ~-e,Q~lk ~ IX~~-d-~-~q~~ =*•~ 25 -*- ' 2008 ~ •~• P ~y~ •`~ATE OF~N••• ~C~`~ ~,~~~~~gRi'PVg; ~. 3729725 IIII D5 06.! 2005 c 4 ©$R IIII IIII IIII III III IIII III IIII Wa IIIII Co. IIIII n III t o III urs IIII Th II 00 TIMBER ESTRTES COV $36. EXHIBIT D MAINTENANCE PLAN SHS-04-0118-YL INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will be used to write the annual report (due in May of each year). Some items do not need to be checked with every inspection. Ilse the suggested frequency at the left of each item as a guideline for the inspections. The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears that a problem may exist. IIIIII III Pag 9722 of 18 IIIIIIIIII IIIIIIIIIIIIIIII °5/06/2,... IIIIIIIIIIIIIIIII o©5 1©©7R II TIMBER ESTATES COV $36.00 Thurston Co. Wa. SHS-04-01 18-YL SECTION 1 - REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes and Swales) Drainage ,, System Conditions That Should Frequenc Feature Re 'd Problem Conditions to Check For Exist M.S. Pipes ,, Sediment & Accumulated sediment that exceeds Pipe cleaned of all debris 20% of the diameter of the pipe. sediment and debris. M Vegetation Vegetation that reduces free All vegetation removed ~ movement of water through pipes. so water flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or (rusted, bent is causing more than 50% replaced. '' or crushed) deterioration to any part of pipe. M Any dent that significantly impedes Pipe repaired or flow (i.e., decreases the cross replaced. ,, section area of pipe by more than 20%). M Pipe has major cracks or tears Pipe repaired or allowing groundwater leakage. replaced. M,S Swales Trash & Dumping of yard wastes such as Remove trash and Debris grass clippings and branches into debris and dispose as swale. Accumulation of non- prescribed by City degradable materials such as glass, Waste Management plastic, metal, foam and coated Section. ~ paper. M Sediment Accumulated sediment that exceeds Swale cleaned of all buildup 20% of the design depth. sediment and debris so ~ that it matches design. M Vegetation not Grass cover is sparse and weedy or Aerate soils and growing or areas are overgrown with woody reseed and mulch bare overgrown vegetation. areas. Maintain grass height at a minimum of 6" for best stormwater treatment. Remove woody growth, recontour and reseed ~ as necessary. M Conversion by Swale has been filled in or blocked If possible, speak with homeowner to by shed, woodpile, shrubbery, etc. homeowner and incompatible request that swale area use. be restored. Contact City to report problem if not rectified voluntarily. A Swale does Water stands in swale or flow A survey may be not drain velocity is very slow. Stagnation needed to check occurs. grades. Grades need to 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 storms IIIIII II Pa9 9723 of 18 III IIIIII (IIIIIII IIIIIII IIIIIII IIIIIII ©5 IIIIII /0612 II ©05 10 TIMBER ESTATES ~7R COV $36.00 Thurston Co_ Wa Maintenance Checklist for Galleries Drainage ,. System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M.S. Pipes ,, Sediment & Accumulated sediment that exceeds Pipe cleaned of all debris 20% of the diameter of the pipe. sediment and debris. M Vegetation Vegetation that reduces free All vegetation removed ~ movement of water through pipes. so water flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or (rusted, bent is causing more than 50% replaced. '' or crushed) deterioration to any part of pipe. M Any dent that significantly impedes Pipe repaired or flow (i.e., decreases the cross replaced. ,, section area of pipe by more than 20%). M Pipe has major cracks or tears Pipe repaired or allowing groundwater leakage. replaced. Maintenance Checklist for Wet Tanks M Structural Corner of risres extends more Risers is even with grade damage to than 3/4" past grade (if risers and/or applicable). ~ top slab M Top slab has holes larger than Top slab is free of holes and 2 square inches or cracks cracks. wider than 1/4" (intent is to make sure all material is ~ running into the basin. M Riser not sitting flush on top Riser is sitting flush on top slab, i.e., separation of more of top slab. ,, than 3/4" of the riser from the top slab. A Cracks in Cracks wider than 1/2" and Basin replaced or repaired basin longer than 3", any evidence of to design standards. walls/bottom soil particles entering catch Contact a professional basin through cracks or engineer for evaluation. maintenance person judges ~ that structure is unsound. A Cracks wider than 1/2" and No cracks more than 1/4" longer than 1' at the joint of wide at the joint of any inlet/outlet pipe or any inlet/outlet pipe. evidence of soil particles entering catch basin through ~ cracks. A Settlement / Basin has settled more than 1" Basin replaced or repaired misalignment or has rotated more than 2" out to design standards. of alignment. Contact a professional ~ engineer for evaluation. M,S Fire hazard of Presence of chemicals such as No color, odor or sludge. other pollution natural gas, oil and gasoline. Basin is dug out and clean. ~ Obnoxious color, odor or sludge noted. M,S Outlet pipe is Vegetation or roots growing in No vegetation or root growth clogged with inlet/outlet pipe joints that are present. ~ vegetation more than 6" tall and less than 6" apart. 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 storms II III IIII X5106. 204 0 0:0 R IIIII III 1111111 IIIII III IIII IIIIIIIIIIIIIIIIII TIMBER ESTATES COV $36.00 Thurston Co. Wa. Maintenance for Catch Basins and Inlets Drainage ~ System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M,S General Trash, debris Trash or debris in front of the No trash or debris located and sediment catch basin opening is immediately in front of catch in or on basin blocking capacity by more than basin opening. Grate is 10%. kept clean and allows water ~ to enter. M Sediment or debris (in the No sediment or debris in the basin) that exceeds 1/3 the catch basin. Catch basin is depth from the bottom of basin dug out and clean. to invert of the lowest pipe into or out of the basin. M,S Trash or debris in any inlet or Inlet and outlet pipes free of pipe blocking more than 1/3 of trash or debris. ~ its height. M Structural Corner of frame extends more Frame is even with curb. damage to than 3/4" past curb face into frame and/or street (if applicable). ~ top slab M Top slab has holes larger than Top slab is free of holes and 2 square inches or cracks cracks. wider than 1/4" (intent is to make sure all material is ~ running into the basin. M Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more of top slab. ,, than 3/4" of the frame from the top slab. A Cracks in Cracks wider than 1/2" and Basin replaced or repaired basin longer than 3", any evidence of to design standards. walls/bottom soil particles entering catch Contact a professional basin through cracks or engineer for evaluation. maintenance person judges ~ that structure is unsound. A Cracks wider than 1/2" and No cracks more than 1/4" longer than 1' at the joint of wide at the joint of any inleUoutlet pipe or any inleUoutlet pipe. evidence of soil particles entering catch basin through ~ cracks. A Settlement / Basin has settled more than 1" Basin replaced or repaired misalignment or has rotated more than 2" out to design standards. of alignment. Contact a professional ~ engineer for evaluation. M,S Fire hazard of Presence of chemicals such as No color, odor or sludge. other pollution natural gas, oil and gasoline. Basin is dug out and clean. ~ Obnoxious color, odor or sludge noted. M,S Outlet pipe is Vegetation or roots growing in No vegetation or root growth clogged with inlet/outlet pipe joints that are present. ~ vegetation more than 6" tall and less than 6" apart. 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 storms 3729725 IIIIIIIIIIIII 05l06.120~5c~:~ R IIIIIIII IIIIIIIII IIIIIIIIII IIIIIIIIIIIIII TIMBER ESTATES COY $36.00 Thurston Co. Wa. SECTION 2 - RESPONSIBLE ORGANIZATION The homeowners association shall be responsible for the operations and maintenance of all onsite storm drainage facilities. SECTION 3 - VEGETATION MANAGEMENT PLAN All disturbed pervious areas on the site will be landscaped to provide as aesthetically pleasing environment. SECTION 4 - BIOFILTRATION SWALE AND INFILTRATION GALLERY The bottom surface of the biofiltration Swale shall be periodically inspected for build-up of sediment and debris. If the gallery begins to have standing water, especially after rainfall has ceased for several days, the infiltration facility may not be infiltrating properly and should be inspected. IIIII 3729725 II III Page : 1 IIIII 6 of IIIII 18 IIIIII IIIII IIIII IIIIII IIIIII , r IIIII os IMBE II /©6/ R ESTATES 2©05 1p.07q COV $36.00 Thurston Co. Wa EXHIBIT C AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN HOMEOWNERS OF SHS-04-0118-YL THEIR, SUCCESSORS OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities and drainage facilities as delineated on the plat of SHS-04-0118-YL, records of Thurston County, and in the MAINTENANCE PLAN, Instructions For Maintenance Of Storm Drainage Facilities by and between OWNER and the City of Yelm attached as Exhibit D. No encroachment will be placed within the easements, which may damage or interfere with the installation, inspection, and maintenance of utilities. All operations and maintenance of the storm drainage facilities, including all expenses, shall be paid by the SHS-04-0118-YL Homeowners Association. In the event OWNER, successors or the SHS-04-0118-YL Homeowners, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if OWNER or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unstable, OWNER or successors agree to the following remedy; After thirty (30) days notice by registered mail to the Proponent or successors, The City of Yelm may correct the problem or maintain facilities as necessary to restore the full design for all costs associated with engineering and construction of the remedial work. The City Of Yelm may charge interest as allowed by law from the date of completion of construction. The City Of Yelm will place a lien on the property and/or on lots in the Property Owners Association for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Proponent or successors. II IIII 3729725 IIIIIIIIIIIIIIIIIIIIIIII 05 ~6/2~0 X10 ~ R IIIIII VIII IIIIII IIIIII I TIMBER ESTATES COV $36.00 Thurston Co. Wa. Section 2. Maintenance of Facilities. (A) In consideration of conveyance of Tract (s) to the Homeowners, the Homeowners hereby covenants and agrees to maintain in good order and repair the stormwater facilities, located in designated tracts, to the requirements and standards of City of Yelm, and all fences and equipment appurtenant to same. If in the opinion of the City of Yelm the facilities are not maintained to the City standards, a fee maybe charged to each property owner by the Homeowners for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowners or repairs can be done by the members, as long as work meets with City standards. (B) All stormwater runoff from rooftops shall be handled to retain all runoff on-site as per the City of Yelm standards, by individual drywells onsite. Section 3. Maintenance Schedule. Maintenance schedule for drainage system component as outlined in Exhibit D. Section 4. The SHS-04-0118-YL Homeowners shall provide the storm drainage maintenance required in the residential Agreement to maintain stormwater facilities. Section 5. Approximate maintenance Schedule for Drainage System Component. This is attached in Exhibit D. IIIIIIIIIIIIII 05/~6.~©0 ~1~:0 R III IIIIII IIIIII III IIIIIII VIII II IIIIIIII TIMBER ESTATES COV $36.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer and Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reynolds, Brian, Airborne Properties 2. Timber Estates Subdivision 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 SW '/4 of the SE '/4 of the NE '/4 of Section 30. Township 17 North, Range 2 East, W.M. Assessor's Property Tax ParceUAccount Number: 22730140700 3729726 III IIII IIII 05 06•/ 2005 ` 0 : 0 i R IIIIIIIII IIIIIIIiII ilillllllli Iilliillll IIII TIMBER ESTATES MISC $20.00 Thurston Co. Wa. BILL OF SALE rL THIS BILL OF SALE is made and executed this ` ~- day of 7 ~ , , 20 G 5 , by and between Airborne Properties, LLC, hereinafter called the gran or, 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 situated in Thurston County, State of Washington, TO WIT: All Sanitary Sewer lines, STEP sewer system, Water lines and related appurtenances lying within dedicated public rights of way for the Plat of Timber Estates and for Vancil Road S.E., of Yelm's Plat No. SHS-04-0118-YL. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this day of Airbo rope ~e , B (S~gnatufe'~ ITS O'"~ll~l~ /~Cll~'l~ (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the ~Q -rY i day of t-t~ P(~L~i , 20 ~5 ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn personally appeared 2 GAS to me known to be the~tCc.~')(~I /~G~ n'll~t'n,~-~ of vl~wu la~ cknowledged the said instrument to be the free and voluntary act and deed of sai 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. _~~~~~; WITNESS my hand and official seal the day and year System accepted this day of Notary Public in and for the City of Ye-lm ~ Director of Public Works ;1p''H Op ~~~ii ~,~SSIOp~A' ~~ i ~. :_ MAR 9 • N. 25 :~= 2008 -' rgrEOFV+~: ~G`~. RY PV~~ .,. IIIIIIIIIIIIIIIIIIIiII Pa99726of 2 i III IIII III O5/0 -, IIIIIIIII 6/2005 10 OVA IIIIIIIII III TIMBER ESTATES MISC $20.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ 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. Reynolds, Brian, Airborne Properties 2. Timber Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the SE '/4 of the NE '/4 of Section 30. Township 17 North, Range 2 East, W.M. Assessor's Property Tax ParceUAccount Number: 22730140700 IIIIII VIII IIII 3729728 II 111111 IIII IIIIIIIIIII III 05/06/2005 10 07R IIIIIIIIIIIII TIMBER ESTATES AGR $21.00 Thurston Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS AIRBORNE PROPERTIES. LLC (hereinafter referred to as tF-e "Owned'), 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 TIMBER ESTATES, 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 otfier 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 cons#ructed in accordance with the sp4ecifications 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: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail ar neglect to fulfill his obligations under this agreement, the City shall fiave the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal 3729728 III IIII IIII O5 06•! 2005 f 0 0 i R IIIIIIIIII 1111111 IIIIIIIIII IIIIIIIII IIIIIIII TIMBER ESTATES AGR $21.00 Thurston Co. Wa. 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 consentof the City. ~~ MANAGING MEMBER STATE OF WASHINGTON) ) ss COUNTY E?F THk }R,STf~nt ) On this __~ ~j___ day of ~ , 20 D~ ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared that executed the foregoing instrument, acid 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 ~Q ~ day of ~ , 24 05 . uu ~i711C~ ~~~,, ~~ ~~~~~~~~ ~~~~~GA Hp0 ~i,~ Notary Public in and far the p.o~~,~ss-oNF~;f~'% . ~• 9 State as i ton, i s'd' in o .~ ;~ MaR ,~: =*: 25 :*_ nny commission expires: •25- Q 2008 ~~'~i ~ RY P ~ ~~~~ i g ' V ~ CQpY ~~~~~E~ F~~ ~E~~~~3~~~ 13729728 I III VIII IIII III O5 06/2005 f 0.07A IIIIIIIIIIII IIIIIIIIIIIIIIIIIII 1111111 TIMBER ESTATES AGR $21.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Reynolds, Brian, Airborne Properties 2. Timber Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW '/4 of the SE '/4 of the NE '/4 of Section 30. Township 17 North, Range 2 East, W.M. Assessor's Property Tax ParceVAccount Number: 22730140700 III 3729727 IIII Page : 1 of 6 III IIII IIIIII IIIIII IIII IIIIII III IIII IIII IIIIII 5,©6, II z©© TIMBER ESTATES 5 ~© ©7R MISC $24.00 Thurston Co. Wa. ~ °; _ ~ - 3905 Martin Way East, Suite A -' - ~ ~ ~ - Olympia, Washington 98506 „ Phone: 360-459-8800 T~~~~~~~'O, i Fax: 360-493-2236 March 23, 2005 ~~;',~ ar ]im Gibson 7822 Highway 99 SE Olympia, WA 98501 Reference No.(s): Order No.: PK - 20130762-T01 Property Address: 10826 Vancil Rd SE, Yelm, Washington Buyer/ Borrowers: Seller(s): Airborne Properties, LLC In connection with the above referenced Order, we are enclosing documentation as requested. If we may be of further assistance, please feel free to contact any member of the team listed below For TITLE assistance, please contact: Phyllis Kroger, Title Officer pkroger@Landam.com Marcy Mobley, Title Assistant mmobley@Landam.com Phone: (360)459-2331 Fax: (360)493-2236 If you need ESCROW assistance, please call (360) 459-8800. We thank you for this opportunity to serve you. Phyllis Kroger Title Officer Enclosure(s) Cc: ]im Gibson I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I II I I 3729727 II IIIII IIII IIII ©5 06!2005 f © 07R TIMBER ESTATES MISC $24.00 Thurston Co. Wa. «~ Transnation 3905 Martin Way East, Suite A Olympia, Washington 98506 Phone: 360-459-8800 Fax: 360-493-2236 Jim Gibson 7822 Highway 99 SE Olympia, WA 98501 REFERENCE NO: / Order No.: 20130762 Liability: $0.00 Charge: $ 300.00 Tax: $ 25.20 Total: $ 325.20 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: March 15, 2005 Transnation Title Insurance Company By Authorized Signature IIII IIII 05l~6~ 20C5 f ©07A IIIIIIIIIIVIII IIIIIIIIIIIII IIIIIIIIIIIIIII III TIMBER ESTATES MISC $24.00 Thurston Co. Wa. Subdivision Guarantee GNT004 Page 1 of 4 SCHEDULE A 1. Name of Assured: Order No.: 20130762 Jim Gibson 2. Date of Guarantee: March 15, 2005 3. The assurances referred to on the face page hereof are: a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Airborne Properties, LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 22730140700 YEAR BILLED PAID BALANCE 2005 $ 551.88 $0.00 $551.88 THE CURRENT LEVY CODE IS 170. 2. LIABILITY FOR SUPPLEMENTAL TAXES FOR IMPROVEMENTS WHICH HAVE RECENTLY BEEN CONSTRUCTED ON THE LAND. LAND IMPROVEMENTS ARE NOT PRESENTLY ASSESSED, BUT MAY APPEAR ON FUTURE ROLLS. 3. RESERVATIONS AND OTHER MATTERS CONTAINED IN DEED. RECORDED: MARCH 1, 1950 RECORDING NO.: 463540 4. MATTERS SET FORTH BY SURVEY: RECORDED: JULY 14, 1976 RECORDING NO.: 977262 Subdivision Guarantee GNT004 I IIII 3729727 II III Page: 4 of 6 IIIIIIII IIIIIIII 1111111 IIIIIIII 111111 o IIII I 5/©61 III 2005 1 TIMBER ESTATES ~ ©7A MISC $24.00 Thurston Co. Wa. Order No20130762 5. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: JANUARY 6, 2005 RECORDING NO.: 3700861 REGARDING: DEVELOPMENT IMPACT ON YELM SCHOOL DISTRICT NO. 2 ANY CHANGE IN THE BOUNDARY OR LEGAL DESCRIPTION OF THE LAND DESCRIBED HEREIN, DUE TO A SHIFT OR CHANGE IN THE COURSE OF IRRIGATION DITCH. 7. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. SH1 IIII IIII 3729727 Subdivision Guarantee II IIIIIIII III VIII p5 0612p05 f © p7R IIIIIilllll IIIIIIIIIIIIII IIII GNT004 TIMBER ESTATES MISC $24.00 Thurston Co. Wa. Order No.: 20130762 EXHIBIT ~~A" THE SOUTH ONE-QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 02 EAST OF THE W.M., IN THURSTON COUNTY, WASHINGTON; EXCEPT VANCIL ROAD; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. IIIIII VIII IIIIII (VIII III IIII IIIIIIII 3729727 IIIIIIIIIIIIIIII o5 ©612©o5f© 07R TIMBER ESTATES MISC $24.00 Thurston Co. Wa. S~Nl~3~~~1~ ~~r~ ~^ " w ~" ~ mc3Amavvp C)D ry pD_ im- ocDam -o-/•ov,nv, tT5 ~ Cb-mc2C "h 1y~ ,z Zy -~ ~J b ~=] ~ y-3 AD D' -f Any rOyvlA°Anbi `nm~ Z? O~`~AD v~aaD y1-n OOC y -e ~--. Av/D~ mr Z~x mvlz O Oy .D b` b Sb> zOf^ 0~2r~rf cn mbr Ob~~mo~•. 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SHS-04-0118-YL FOB Unit Price TOTAL $54.00 $2,187.00 $212.50 $212.50 SubTotal $2,399.50 Shipping & Handling $0.00 Taxes WA TOTAL $2,399.50 Office Use Only , /~ // ~~ ~. City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU +~ ~! c' ,',1 C `' I ~ I %:i }.J I, ~' I LTi ~'] i N :?~ ~, VJ x t, ~c :~ C ~7 F ~; ~+ rz+ iJ ~~ A rl ~ ~ ~~~'~F l ~~.. ~' 1', H ,1 H % ~. i 3t`A i~ C°] ~ C~7 ~m, ~ /~ ~ x1 :V ~ , £ l J T m '-3 ~,, ~ J ~ {, J LTJ '~ G r 7-+ s ~ G7 y w ~ o L"'i ~„~ ', v ^ ~ V ~~ ~ ~ ~ ~ ~ ~ a a7 v, < d i H y z x -~ ~ x x I o m a a v, y [ ~ 0 Z y C N ~ H u G] © m z y th ~ t~7 y m y y' ~ 'C N ~c z (.J m H n ~ ~ z ~ r:, ~ro ~ C C U1 I fJ ~ ~ k~' W ~ o ~ m `L~ ~ ° (~ ~. ~ m_ i 9 z ~ n y '~ ii x cr Z ~ ~ O n W i w ~'' w m Qp r~ ?~ rn z ~i 5 ~; May 2, 2005 Doug Bloom Rainier General Development P.O. Box 627 Rainier, WA 98576 Re: Timber Estates Final Plat uear uoug: of Yelm Community Development Department 105 Yelm Avenue West P.O. Box 479 Yelm, WA 98597 I have just two redline comments on the Timber Estates Final Plat. Please add a sentence in the dedication area that Tract A is hereby dedicated to the Timber Estates Homeowners Association. Also, restate that on sheet two. This should satisfy the County requirement for a deed. There are taxes due on this parcel that will need to be paid at closing. I will be preparing an invoice for our engineer review time, and survey review time, and will forward to you when you supply mylars for signing. Please return 1 set of Mylar's and one 11 x 17 copy for our records. If you have any questions, please give me a call at (360) 458-8496. Sincerely, ~~ ~ ~L~,~L Tami Merriman Assistant Planner (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Except to the extent that specific assurances are provided In Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any structure or improvements, or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any Judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or refered to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms. The following farms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A), (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or refered to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed. or other security instrument. (d) "public records": records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to 13urchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage far which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby wncede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expanses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) in all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company aril shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, ali records, books, ledgers. checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 6. Options to Pay ar Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company s obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully pertomned its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) CONDITIONS AND STIPULATIONS CONTINUED (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a Final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro lento. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any wntroversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attomeys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole.' (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be fumished the Company shall include the number of this Guarantee and shall be addressed to: Consumer Affairs Department, P.o. Box 27567, Richmond, Virginia 23261-7567. CLTA Guarantee Conditions and Stipulations (Revised 12/15/95) Transnation THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION. IT IS NOT INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY INCLUDING, BUT NOT LIMITED TO, AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS OR LOCATIONS OF BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR ANY MATTER RELATED TO THIS SKETCH. REFERENCE SHOULD BE MADE TO AN ACCURATE SURVEY FOR FURTHER INFORMATION. Of~DER NO . 2©(~o~ co 2 SECTION: 30 TOWNSHIP: 17N RANGE: 02E , ,»» ,_,~ ~ f 1 GG ppp Qi2 1B°' STid ..~ ,O,w p ~~ = 2 1100 BLA- 8247 11020s eu 195 „mw 1101 oz ,~a,~ ,~ A ~ ~z,~0 880062 11ozo4 / ~~ x Eu9iei3e ° ° 1 ° lxaeo0 SS-8025 ° ° BL 12°1x1 ssee4ro 110210 , naaao. ° ° 1101 o1 ° O 121101 PRAIRIE PLAZA ,~,~ ~ CONDOMINIUM ~ J 0309 ) % 1100 „~ 6928 ~ 120903 121200 ,~ A a B 190101 BU8781BB ~ BLA90l~240 nmas 120902 127100 28307YL ~ '~` 1z15oo 1zo9ao O „0,0] BLA008270 TRACT A E eu99ezm „, „ate 140100 18 H17 [ 18 x 19 M 21 c 21 p ' A /1 4 8 e a a ~~ Y !1 13000 PRAIRIE HEIGH S ST SE ~~~ w w 730300 13 P 305 i ze~ze ^3v ', ze a~zs -z4 ~o 14 ~~ , ~ YELM MULTI-FAMIILY BSP 1 r. , 31 2 E t X092 ~ ~ N ~ 1 1403°0 x 1] u 5 ~ „9, 0, } ]2 c SS B SS-0534 lI ~RR 4, - >3 • FNE ] 11 ~ /I-- - n,.p v SS-0582 CORNERS 130303 ~ ~ a ~' V u 1 cj _ „ 3 2 «~ s 9 ~ - ~ ~ 3 Op ' 37 7 ,O x.9 ,09 ''* 130001 a ]3 a S` g _ _ ~ _ 5 I PEI S - - ~•. BIRKLiBR9STSE ] eusmzll 130400 x 1 d c ¢ ig . p 1 Y A 2 130700 13 c 14 ... 15 16 17 140800 ,. .., ~ ., 3 BI a L ~fT ' 4 ss-n 13p5pp 1 $_ 11 c 10 s 9 8 7' 6_ __ 5 _ ~ - emu" n" 140700 18 I1 ~~ 24 A9!l213 E 17 20 - Z p O .u ni 1S _ 119 t d~ fr28 ' PALOUSE AVE SE ~ 5' ~ APR-26-2005 TUE 08;26 AM THURSTON COUNTY ASSESSOR FAX N0. 360 7542958 P. Ol IJ `~~~, TI~IURS'1'ON COUNTY ASST1SSOR'S OFFICE 1. ~a \~. ,.~. P~tlricia Costello, Assessor t~,-:~,, , „,~,,,,,~,~,,,,~,, Dennis Pulsipltcr, Chief Deputy ~.'.r~~1}~S`I`O~F Cnt~N'1'Y ])s~tc: April 26, 20t)~ To: City of Yclm---._~.., rllt rt: Etobcrta A l.lci~ ~.. , ,..._..--- _. _ ..._ From; _Sherrie,T, I3ttti1~ _ .~~_...,m.__-- Sr Pr~_i}?~rly_ C~Ot1tC01 Atl~lyst__ 'T'hem aro a total of 2 prlges, inclu~lirtn this oate• 11~ you 1•t:tve not received all Pales, please call: (360) 756-5410 Camcncnts: T1sv1F3L[: }.~S'1'A"I'1sS SS-04-0118-YL 2000 l.akcridge .hrive SN Olympia, WA 93502-6045 • (360) 786-5410 • I'A\ (,+60) 754-2958 • 'Clll) (360) 754-2933 • APR-26-2005 TUE 08 26 AM THURSTON COUNTY ASSESSOR FAX N0. 360 7542958 P. 02 .,~: ~,,.~ 1'1'tU1:Si'ON COtlNTY rrwc~wrr+a-.enoar<w a1w I ai".; rnT(irctn cosTEttc) rlssc~s~r UFFICIs' OF TI3T: f1S5E5SUR MF11 r),~tc: .1_c~ ; Prone: Subject: ~1()RANDUIVI Apri12G, 2005 City of Yelir- Attention: Roberta Allen Sherrie L. Bush ~r I'ropcrty Control Analyst, 754-3355 ext 6357 SS-04-011$-Yi.'I'1M13L1t 1?S'1'A'CLS All~iliURNC YliUY LLC `~, MY C'UMM1rNTS ArF, AS FOLT,OW: j ' ti't' Yleasc infornt the applicant tl-at deeds will need to h~ re;ecn-ded to ecmv~y portions to ~lon~cowna's Association .. ' [~}' There are taxes due on parcel. Note Onew: nMFNT)MFNT to T:CW 8.5(.340, el'(ective 07-27-03, no segregation of property far tax, purpc~su. shall b~ made unless all current year gild delinq~tcnt taxes and as~ssments on llle entire tract leave been paid in full. Note One)>: If there are any buildings t<~ be a•emoved, a ")•)esri•oyed Property ['ono" must he completed by the property uwaier. This will remove the i~nprovcmcnt value from t17e property assrssment. You may obtain this form by calling Custo-ncr Service; in the Assessor's offce at 756-54]0. ' 'l'lt.tnlt you. ~ ~~~ i ~:,.,~,~~~f ' 2000 L~l.cridgc Lhivc 5.W, ~llympisl, Wn 98501-6041 ' (360) 786-5410 t-'nX (36M 77~I.1955 •l~OU (i60) 754.29:)3 r,~~~~:i:~.i r:~,~~~,• ~~~"~~!GEOMATICS ~~-:.,~„+,~~.~ t_ A N C7 S U R V E Y I N G ©2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~szes~ FAX: 360-400-5264 Apri121, 2005 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Review and comment for Timber Estates Short Plat SS-04-0118-YL Geomatics' Job No.: 1230 Dear Mr. Beck: I have completed my review of the abovementioned short plat dated Apri14, 2005 by the surveyor. Attached, please find an original copy of the plat, sheets 1 & 2. I have also included an original copy of the lot closures. There are no "red-line" comments. The wording of the Easement Provisions and the Dedication is consistent with past plats approved by the City of Yelm. With the short plat, I received a copy of LandAmerica Transnation Title Insurance Company's Subdivision Guarantee, Order No. 20130762, dated March 15, 2005. The description of this short plat is consistent with the description of said Subdivision Guarantee. The short plat reflects said description. It appears that all record matters listed under Exceptions on pages 2 & 3 of the Subdivision Guarantee, pertinent to this Short Plat, have been considered. I have enclosed Invoice #380 for the amount of $212.50 for professional services rendered. If you have any questions or desire addition 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.geomaticslandsurveyi ng.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 # 4/21/2005 380 P.O. No. Terms Geomatics No. Due on receipt 1269 Item Description Hours Rate Amount Peer Review Review and comment on Timber Estates Short Plat SS-04-0118-1'L. 2.5 85.00 212.50 ~ ,=',p ro r Payment: /3 / T~ ~ DBte• ~ ~u-- 1~~. Proj \ -~~ C;; °~~ 60.x: ~ ~~a'`,/ .~i~ ~y- iC. ~ ~1 / °~.-.~ -- All work is complete! Total $21z.so Payments/Credits ~auo Balance Due $212.50 Phone # Fax # E-mail Web Site 3fi0.40QLAND(5263) 360.400.5264 drbu'geomaticslandsune~ing.com www.geomaticslandsurvcying.com YELM COI~'IlVI[1NITY SCHOOLS Where all students can learn and Qrow _ Erlin~ Birkland Director of Facilities April 15, 2005 Mr. Grant Beck Community Development Director City of Yelm PO Box 479 Yelm, Washington 98597 RE: SS-04-0118-YL Timber Estates 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 458-0128. Sincerely, S , E i / rkland acilities Director Yelm Community Schools YELM COMMUNITY SCHOOLS IS AN EQUAL OPPORTUNITY EMPLOYER AND FOLLOWS TITLE IX REQUIREMENTS. 107 First Street North, P. O. Box 476, Yelm, Washington 98597, (360) 458-6128, FAX (360) 458-6434 Ci o Yelm 901 Rhoton Road / PO Box 479 Yelm, WA 98580 360-458-8406 Transmittal Letter Re: To: Smitty Attn: Jon Date: April 13, 2005 Project Name: Timber Estates Short Plat -- F/1~1 g'L Items transmitted for: ^ Review and comment ^ As Requested ^ For your records ^ Other Remarks: 'F~ N ~ ~. P ~r9 T Please review the attached~cx~il plans for Timber Estates Short Plat. Your comments are due NLT Apri126, 2005. Signed: Tim Peterson Public Works Director cc: File r~Date Recd Back from Smitty / j /f'PR 0,~ ^ ate Recd Back from Jon ND Date Forwarded to CDD C:\Documents and Settings\deonne\Desktop\PROJECT REVIEW TRANSMTL.doc n/ D +^~ ac~cti~~ Transmittal Appli- Full 11 x Storm Lot Title Full Size Letter cation Size 17 Drain Closures Report Addressing Map Map Report Map submitted prior to a lication Thurston Co. 1-special 1 1 1 1 Assessor City 1 1 1 Administrator Shell Bad er Yelm Police 1 1 1 Chief (Todd Stancil Yelm Building 1 1 1 3 Official (Gary Carlson Thurston Co. 2 2 2 Fire De t. - 2 YCOM Networks 1 1 1 Puget Sound 1 1 1 Ener City Engineer 1 1 2 1 Jim Gibson CDD Planning 1 1 1 X X X Tech (Tami Photo copy Merriman of all does CDD Director 1 1 1 Grant Beck Thurston Co. 2 2 2 Communications Ca Com - 2 Yelm 1 1 1 Community Schools LeMa Inc. 1 1 1 Viacom Cable 1 1 1 Yelm Post Office 1 1 1 Yelm Chamber 1 1 1 of Commerce Yelm Public 1 1 1 Works Tim City Reviewing 1-special 1 2 2 1 Surve or File on final on final 1 on final on final on final on final 1 Total 2 special, 21 8 16 2 4 3 4 19 re ular Transmittal Letter -one special for Surveyor, one special for Assessor -listing what we're sending. Then one for everyone else just saying "enclosed is project information." R:\Forms & Procedures\Final Plat\Distribution of Items submitted with final plat.doc Page 1 of 1 Transmittal Letter To: Dennis Baker Company: Geomatics Land Surveying Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Date: Apri112, 2005 Re: Timber Estates Short Plat File No: SS-04-0118-YL Name: Airborne Properties LLC Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Short Plat maps for Case Number SS-04-0118-YL, Timber Estates Short Plat, fora 9-lot residential short Plat. Please review and submit comments to the City of Yelm, Community Development Department, on or before Apri127, 2005. Thank You Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Assessor's Office Date: Apri112, 2005 Company: Thurston County Re: Timber Estates Short Plat Address: 2000 Lakerid~e Drive SW, Bldg. 1 File No: SS-04-0118-YL City, St Zip: Olympia, WA 98502 Name: Airborne Properties LLC Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Short Plat map for Case Number SS-04-0118-YL, Timber Estates Short Plat, fora 9-lot short plat to be used for single family residential uses. Please review and submit comments to the City of Yelm, Community Development Department, on or before Apri127, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant I/ ~F THE p~Q~ ~ 9 a ~M YELM WASHIN[iTON City o, f TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Date: April 12, 2005 Company: Re: Timber Estates Short Plat Address: File No: SS-04-0118-YL City, St Zip: Name: Airborne Properties LLC Items transmitted for: Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find project information for Case Number SS-04-0118-YL, Timber Estates Short Plat, fora 9-lot short plat to be used for single family reside~ltial uses. Please review and submit comments to the City of Yelm, Community Development Department, on or before April 27, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider AIRBORNE PROPERTIES ~$,, 7822 OLD HWY 99 SE Olympia, Washington 98501 360-754-7200 April 11, 2005 City of Yelm PO Box 479 Yelm, WA 98597 Attn: Tami Merriman Re: Timber Estates SUB-03-0114-YL Summary of Conditions Tami, We have met the Conditions of Approval as follows: 1) Not used 2) Completed per approved construction plans 3) Completed per approved construction plans 4) At time of building permit 5) Completed per approved construction plans 6) At time of building permit 7) Completed per approved construction plans 8) Completed per approved construction plans 9) Completed per approved construction plans 10) Completed per approved construction plans 11) Completed 12) Completed 13) At time of building permit 14) Completed per approved construction plans 15) Completed per approved construction plans 16) Done per approved agreement 17) Completed per approved construction plans 18) Completed per approved construction plans 19) Completed 20) Completed If you have any questions please give me a call. 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FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 TIM PETERSON CITY OF YELM PUBLIC WORKS GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 CHIEF RITA HUTCHESON THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 DAVID LEE VIACOM CABLE 2316 SOUTH STATE TACOMA WA 98405 NANCY RICHARDS THURSTON COUNTY ASSESSOR'S OFFICE 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 BILL TURNBULL THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 JOHN DICKENSEN PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 RENATAIRELAND LEMAY, INC. 13502 PACIFIC AVENUE TACOMA WA 984440459 TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 TODD STANCIL CITY OF YELM POLICE DEPARTMENT Tuesday, Apri112, 2005 Final Plat App City of Yelm -Final Plat Application Mail List work^ Final Plat Application YELM CHAMBER OF COMMERCE Notes: 11X17 on Final Plat Recorded and PO BOX 444 on BSP Recorded; For Final Plat YELM WA 98597 Application distriburtion, receives 1 Email Transmittal Letter, 1 Application, 1 11x17 map info@yelmchamber wO~`^ Final Plat Application YELM POST OFFICE POSTMASTER Notes: 11X17 on Final Plat Recorded and BSP Recorded; For Final Plat Application distriburtion, receives 1 Transmittal Letter, 1 Application, 1 Email 11x17 map CITY'S SURVEYOR work^ Final Plat Application Notes: On Final Plat Application distribution, receives 1 Special Transmittal Letter, 1 application, 2 Full Size maps, 2 Lot Email Closures, 1 Title Report. SHELLY BADGER work d^ Final Plat Application CITY OF YELM NOteS: Memo, NOA/Application for SPR PO BOX 479 Distribution; 11X17 On Final Plat YELM WA 97597 Recorded and BSP Recorded; Email Memo, NOA/Application for SPR; For Final Plat Application distriburtion, shellyb@ci.yelm.w receives 1 Transmittal Letter, 1 Application, 1 11x17 map Tuesday, April l2, 2005 Page 1 of 5 GRANT BECK Work ^~ Final Plat Application CITY OF YELM COMMUNITY DEVELOPMENT Notes: Memo, 11x17, SEPA for SPR Distribution; 1 Transmittal letter, land PO BOX 479 use approval letter, vicinity map, YELM WA 97597 SEPA determination, application for Email Civil Plan Review; For Final Plat Application, receives 1 Transmittal grantb@ci.yelm.wa Letter, 1 Application, and 1 11x17 KEN BECKMAN Work ~/^ Final Plat Application YCOM NETWORKS NOteS: 11X17 on Final Plat Recorded and PO BOX 593 BSP Recorded; For Final Plat YELM WA 98597 Application distriburtion, receives 1 Transmittal Letter, 1 Application, 1 Email 11x17 map kbeckman@fairpoi ERLING BIRKLAND Work^ Final Plat Application YELM COMMUNITY SCHOOLS Notes: 11X17 On Final Plat Recorded and PO BOX 476 BSP Recorded; For Final Plat YELM WA 98597 Application distriburtion, receives 1 Email Transmittal Letter, 1 Application, 1 11x17 map ebirkland@ycs.wed GARY CARLSON Work ^ Final Plat Application CITY OF YELM COMMUNITY DEVELOPMENT Notes: Memo, Full Site, 11x17, NOA/Application, SEPA for SPR PO BOX 479 Distribution; 1 Transmittal Letter, 1 YELM WA 98597 full size plans, 1 land use approval Email letter, vicinity map, SEPA determination, application for Civil garyc@ci.yelm.wa. Plan Review; 11 X 17 on Final Plat Recorded and BSP Recorded; For Final Plat Application, receives 1 Transmittal Letter, 1 Application, 1 11x17 and 3 Full Size addressing maps prior to application Tuesday, April l2, 2005 Page 2 of 5 JOHNDICKENSEN work ^ Final Plat Application PUGET SOUND ENERGY Notes: 11X17 on Final Plat Recorded and 2711 PACIFIC AVENUE SE BSP Recorded; For Final Plat OLYMPIA WA 98501 Application distriburtion, receives 1 Transmittal Letter, 1 Application, 1 Email 11x17 map JIM GIBBON work ^~/ Final Plat Application CITY OF YELM COMMUNITY DEVELOPMENT Notes: Memo, 2 Full Sites, 11x17, NOA/Application, SEPA, Traffic, 2 PO BOX 479 Storm for SPR Distribution; YELM WA 97597 Transmittal Sheet, 2 Full Size Plans, 1 Land Use Approval Letter, 2 Email Grading Plans, Vicinity Map, SEPA jimg@ci.yelm.wa.u Determination, 2 Stormwater Reports, 1 other applicable studies, Application for Civil Plan Review; 11X17 on final Plat Recorded and BSP Recorded; For Final Plat Application, receives 1 Transmittal CHIEF RITA HUTCHESON Work ^ Final Plat Application THURSTON CO. FIRE DISTRICT #2 Notes: 11 X 17 on Final Plat Recorded and PO BOX 777 BSP Recorded; For Final Plat YELM WA 98597 Application distriburtion, receives 1 Transmittal Letter, 1 Application, 1 Email 11x17 map chief1 @yelmfire.co RENATA IRELAND work^ Final Plat Application LEMAY, INC. NOteS: 11X17 On Final Plat Recorded and 13502 PACIFIC AVENUE BSP Recorded; For Final Plat TACOMA WA 984440459 Application distriburtion, receives 1 Email Transmittal Letter, 1 Application, 1 11x17 map renataireland@lem Tuesday, Apri112, 2005 Page 3 of S CHIEF MARK KING Work ~ Final Plat Application THURSTON CO. FIRE DISTRICT #2 NOtes: 11 X 17 on Final Plat Recorded and PO BOX 777 BSP Recorded; For Final Plat YELM WA 98597 Application distriburtion, receives 1 Email Transmittal Letter, 1 Application, 1 11x17 map chief2@yelmfire.co DAVID LEE -'Vork d^ Final Plat Application VIACOM CABLE Notes: 11X17 On Final Plat Recorded and 2316 SOUTH STATE BSP Recorded; For Final Plat TACOMA WA 98405 Application distriburtion, receives 1 Transmittal Letter, 1 Application, 1 Email 11x17 map TAMI MERRIMAN Work d^ Final Plat Application CITY OF YELM COMMUNITY DEVELOPMENT NOteS: Memo, Full Site, 11x17, NOA/Application, SEPA for SPR PO BOX 479 Distribution; 1 Transmittal Sheet, 1 YELM WA 97597 Full Size Plans, 1 Land Use Approval Letter, 1 Grading Plan, 2 landscape Email plans, vicinity map, SEPA tamim@ci.yelm.wa determination, stormwater report, application for Civil Plan Review; For Final Plat application, receives 1 Transmittal Letter (w/cc of all documents, 1 application, 1 Full Size map, 1 Lot closures, 1 Title Report TIM PETERSON -'Vork ~ Final Plat Application CITY OF YELM PUBLIC WORKS Notes: 1 Transmittal letter, 3 full size plans, 1 land use approval letter, vicinity map, SEPA determination, application for Civil Plan Review; on Email BSP Recorded, receives 1 Full Size timp@ci.yelm.wa.u map, Original Warranty and Bill of Sale, and copies of all other recorded documents; For Final Plat application, receives 1 Transmittal Letter, 1 Application, 1 Full Size map Tuesday, April l2, 2005 Page 4 oj5 NANCY RICHARDS Work^ Final Plat Application THURSTON COUNTY ASSESSOR'S OFFICE NOtes: For Final Plat application, receives 1 2000 LAKERIDGE DRIVE SW BLDG 1 Special Transmittal Letter, 1 Application, 1 Full Size map, 1 Lot OLYMPIA WA 98502 Closures, 1 Title Report Email TODD STANCIL Work r'^ Final Plat Application CITY OF YELM POLICE DEPARTMENT NOteS: 11 X 17 on Final Plat Recorded and BSP Recorded; For Final Plat Application distriburtion, receives 1 Transmittal Letter, 1 Application, 1 Email 11x17 map todds@ci.yelm.wa. GLEN THARP Work ^~ Final Plat Application THURSTON COUNTY COMMUNICATIONS NOtes: 11X17 on Final Plat Recorded and BSP Recorded; For Final Plat 2703 PACIFIC AVENUE SE SUITE A Application distriburtion, receives 1 OLYMPIA WA 98501 Transmittal Letter, 1 Application, 1 Email 11x17 map tharpg@co.thursto BILL TURNBULL Work d^ Final Plat Application THURSTON COUNTY COMMUNICATIONS NOteS: 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 Email turnbub@co.thurst Tuesday, April 12, 2005 Page S of S Community Development Department City of Yelm P.O. Box 479 Yelm, WA 98597 OFFICIAL USE ONLY Date Received: ~~,~f ~~'/~J Received By: ~ ~1 INAL PUNCH LIST APPLICATION USE BLACK INK ONLY owner: Z r , PS_ ddress: 7~ ZZ ~~~ f ~~~9 ~ 1'l'_4 SC City & State: ~~, ip: .-~ o , a L1.~' ,~ Gj Phone: B SZ) / Fax: E-Mail: Applicant: L' o .,~ ~ l c i - P ~ ~? G- ~ i Q o,M ddress: ity and State: ip: Phone: ~, Gs O - `/ `f Fax: ~' ~~''~ c a y' w a ~~ . ~^ ~o - 3 ©~3 ~ E-Mail: ~{ ~ 6 ° 2 `~ 7 Z ngineer: Z ~'1 ~,ti .'T~F.~ P2-1 SAS ddress: i S 3 ~ ~~ ~ V n; c~: ~ cd- O ~ ~-~ D ity & State: '"7'cl ~ w ip: `~ b' t 6 ~ ~ L;Q C~-~'1E Fax: Phone: 2 0 E - ~ y b - ~ 2 7 ~ E-Mail: J ~ •~ ~ e /n - e ra ~. coa'J ROJECT NAME, ADDRESS/LOCATION AND CASE NUMBER: -'ii ~ ;v~ x S t~ "- FOR OFFICIAL USE ONLY Date Received: v !~-/~f C r ~ '2-O !~ ~ Date of Interdepartmental Distribution: Inspection Dates): Upon receipt of this application by the City, it will be routed to the appropriate City departments. The Development Review Engineer and any other relevant City staff will conduct a site inspection within 5 working days from receipt of the application. Upon completion of site inspection(s), a punch list and a final plat application packet will be provided to the applicant. G:\Web Content\community development\FinalPunchApp.doc DETACH AND RETAIN THIS STATEMENT RAINIER GENERAL DEVELOPMENT. INC. THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT COBR ECT PLEASE NOTIFY VS PROMPTLY. NO RECEIPT DESIRED. _-.'.CELL,%E BUSINESS FORMS 1+8G0-328-0304 vmw.0eluxe(orms.com DELUXE -FORM DVCB-2 V-6 DATE DESCR~PTICN A^AOC'NT DISTRIBUTIONS ACCT. NO. AMOUNT EMPLOYEE EARNINGS DEDUCTIONS PtRiOD anno.;r,T TOTA! TOTAL ENDIN.; Nouns aaT. EaarlEC ar p O7uE EARNINGS F:.c a. ~'~~'~ ~"o~Dwu ware NE T JPAY RECU~aR RATE f4 R u c,. wC. TA;( ~rlccrne Tax DEDUCTIONS r- ~- i .-I ''"' 4TJ1E'a~-~ I/ ~ TT CITY ~~ I ~' '~ ~ ~' = YELi1r'i ' ' ~~ P.0 SCx 470 ~ Y0%71 ;"v;' yc , ~~zri 360-458-84C'? RF'~'rl`JED "'`'-~ ****SEVEN HUNDRED FIFTY DOLLARS & 00 CENTS RECEIVED FROtiI RAINIER GEN DEV INC PO BOX 627 RAINIER. WA 98576 SS-04-0118-YL DATr REC. NO. 04/12/05 36129 R~~~,P~ r~~, ?5129 750.00 CHECK 33176 MISCELLANEOUS RECEIPT DIANA INAL PLATT APP City of Yelm (Date ay Community Development Department FINAL PLAT APPLICATION Fee: $750.00 (In addition. anv arofessional service charges per Resolution #358) APPOINTMENT REQUIRED FOR APPLICATION SUBMITTAL -Please call 458-3835 Subdivision Name -T j M ~ t=- 2. ~ ST Fk T ~ S Case # and Name of Preliminary Plat Approval s (~ ~ '- ~i ~ ~ ~~ ~ l ~ " ~ L- Tax Parcel Number(s) Z.,,~~ ~ d ] ~ U ~~~ SUBDIVIDER Name 7~ ZZ cxD ~~..~~' R`t s~ Address C~ r~.yivryi 94 ~~ 98sa1 SURVEYOR ~ T ~ (l € ~ ,,~} ss ca C Name /~ ~~ t~ dx 90 ~3 Address ~ ~ ~~ w ~ ~~,s~i "7 7~5r-71zOa 7sy-r7H/ Phone Fax E-mail PROPERTY OWNER(S) /kip ~aeru~ P2~~~FS Name Address Phone Fax E-mail ys~ ~ Z~4 ~ s~~,l~ Phone Fax E-Mail ENGINEER Z- M F= ~ T~-itPl@r s Name ~S 3y ~' 5~~~~~~fl ~~~r~ Address i y Kw 1~~4 . ~~4 y~/£~c~ 2 o(a ~s-~- Phone r~ Fax E-Mail LAND USE BREAKDOWN (Calculate to th''ettN~~e~~arest Hundredth) Total Acreage Number of Single Family Residential Lots '1 Number of Commercial Lots ^ 77 5 f Smallest Lot Area 9 T ° Total Acreage in Open Space ,~ 7 y 5 s {- Length in Public Streets ~~ Length in Private Streets Number of Multifamily Residential Lots d Number of Industrial Lots .~ Average Lot Area 7.3 i~3 Fee in Lieu of Open Space Total Acreage in Public Streets r 8 Total Acreage in Private Streets .~l All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration. 105 Yelm Auenue West PO Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us li r~°R ~ ~:~~5 CHECKLIST Submitted Missing SUPPORTING DOCUMENTS (Submit one copy of each document, unless otherwise noted) 1. Plat Certifcate, date not to exceed thirty days prior to submittal. _~ 2. A copy of any deed restrictions applicable to the subdivision. ,N F~ 3. A copy of any dedication requiring separate documents. N 4. Approval (signed off punchlist) by the engineering department that the subdivider has complied with one of the following: A. All improvements have been installed in accordance with the requirements of this title and with the action of the legislative body giving approval of the preliminary plat; / B. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure ' 4~ completion of required improvements. N ' 5. Mathematical boundary closures of the subdivision showing the error closure, if any (4 copies). / V 6. The mathematical lot closures and street centerline closures, and square footage of each parcel (4 copies). ~~ 7. Lots containing one acre or more shall show net acreage to nearest hundredth. ~' 8. A phasing plan (if applicable.) ~~ 9. A summary explanation is required of how all City Council conditions - of approval and SEPA mitigation have been met. 10. Final drawings on disk in Auto Cad format. ~'~`td ~ ~- 11. A copy of any Home Owners Agreement. ~~ 12. A copy of any Maintenance Agreements (Storm Water and/or Open Space.) 13. Warranty Agreement for all improvements. ~ 14. Bills of Sale for Sewer and Water. ~,~ 15. Deferral Agreement -Waiver of Protest (if applicable.) ~3 16. Storm Water Maintenance Agreement. _~ 17. Water Rights Agreement (if applicable.) ~`~ 18. Homeowners Agreement. ,~ e 19. LID Segregation Application (if applicable.) ~,~ 20. Documentation of Well/Septic/Drain Feld Abandonment. ~L 21. School Mitigation Agreement. ~L 22. Latecomers Payment (if applicable.) N fA 23. Open Space Fee in-lieu of Payment (if applicable.) N ~ ~ 24. Any outstanding City fees 25. As-builts. 26. Plat Map (11 folded copies -rolled not accepted.) ~L 27. One 11 x 17 reduced copy of the Final Plat Map Date Checked: Checked by: Additional Information Requested: Additional Information Received: Application Complete: 105 Yelm Avenue West (360) 4.58-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www.ci.yelm.wa.us Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg Bearing Mode Measurement Units: feet TIMBER COURT SHORT PLAT ,~'°~ Lot 1 Bearing S 88 33'05" E S Ol 26'55" W 69.00 109.33 N 88 32'10" W 44.67 ** Horizontal Curve: N 43 19'06" W 35.49 N Ol 27'50" E 25.00 Delta: 90 26'08" Radius: 25.00 Length: 39.46 Tangent: 25.19 N 88 06'01" W N Ol 53'59" E East Closure in Lat/Dep: Starting Point: 25.00 Northing/Lat 589682.151 -1.744 589680.407 -109.295 589571.112 1.141 Fasting/Dep -------------- 1117000.603 Start (POB) 68.978 1117069.581 -2.764 1117066.817 -44.656 25.821 -24.348 Chord pc-pt 589598.074 1116997.813 pt 589572.253 1117022.161 pc 589597.245 1117022.800 rp 24.992 0.639 Radial In pc-rp 589598.074 1116997.813 pt 0.829 -24.987 Radial Out rp-pt 84.13 84.084 589682.158 0.00 0.000 589682.158 -0.007 589682.151 Distance Error: S 08 07'49" E 0.007 Total Distance: 346.59 Accuracy Ratio: 1:49,015 Area: 7,454 ft2 0.171 Acres Distance 2.789 1117000.602 0.000 1117000.602 0.001 1117000.603 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg ---------------------------------------------------- Measurement Units: feet TIMBER COURT SHORT PLAT Lot 2 Bearing Distance Northing/Lat 589680.407 S 88 33'05" E 62.00 -1.567 589678.840 S Ol 26'55" W 109.35 -109.315 589569.525 N 88 32'10" W 62.00 1.584 N Ol _ 26'55" E 109.33 109.295 589571.109 589680.404 East 0.00 0.000 589680.404 Closure in Lat/Dep: - 0.003 ------------- Starting Point: _ 589680.407 Distance Error: N 00 00'01" E 0.003 Total Distance: 342.68 Accuracy Ratio: 1:114,228 Area: 6,779 ft2 0.156 Acres Easting/Dep -------------- 1117069.581 Start (POB) 61.980 1117131.561 -2.765 1117128.796 -61.979 2.764 1117066.817 1117069.581 0.000 1117069.581 0.000 -------------- 1117069.581 Closure in Lat/Dep: 0.003 0.000 -------------- -------------- Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg ---------------------------------------------------- Measurement Units: feet Bearing Mode TIMBER COURT SHORT PLAT Lot 3 Bearing Distance - -- -- Northing/Lat ------------ Easting/Dep -------------- -------- ---- - ---- -- 589678.840 1117131.561 Start (POB) _ S 88 33' 05" E 62.00 -1.568 61.980 589677.272 1117193.541 _ S 01 26' 55" W 109.37 -109.335 -2.765 _ N 88 32' 10" W 62.00 1.584 -61.980 589567.937 1117190.776 589569.521 1117128.796 _ N Ol 26' 55" E 109.35 109.315 2.765 589678.836 1117131.561 East 0.00 0.000 0.000 589678.836 1117131.561 Closure in Lat/Dep: 0.004 ----- 0.000 -------------- Starting Point: -- ------- 589678.840 1117131.561 Distance Error: N 00 00' 01" E 0.004 Total Di stance: 342.72 Area: 6, 780 ft2 0.156 Acres Accuracy Ratio: 1:85,679 Bearing Mode Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg Measurement Units: feet TIMBER COURT SHORT PLAT ------------------------------------------- Lot 4 Bearing Distance Northing/Lat 589677.272 S 88 33'05" E 62.00 -1.567 589675.705 26'55" W S 01 109.38 -109.345 _ N 88 32'10" W 62.00 1.584 589566.360 589567.944 N Ol 26'55" E 109.37 109.335 589677.279 East 0.00 0.000 Closure in Lat/Dep: -0.007 589677.279 Starting Point: -------------- 589677.272 Distance Error: South 0.007 Accuracy Ratio: 1:48,964 Total Distance: 342.75 Area: 6,781 ft2 0.156 Acres Easting/Dep 1117193.541 Start (POB) 61.980 1117255.521 -2.765 -61.980 1117252.756 1117190.776 2.765 1117193.541 0.000 0.000 1117193.541 1117193.541 Bearing Mode Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg ---------------------------------------------------- Measurement Units: feet TIMBER COURT SHORT PLAT Lot 5 Bearing S 88 33'05" E S 01_26'55" W N 88 32'10" W N Ol 26'55" E Distance 62.00 109.40 62.00 Northing/Lat 589675.705 -1.568 589674.137 589564.772 -109.365 1.584 589566.356 109.345 589675.701 589675.701 0.000 0.004 Fasting/Dep 1117255.521 Start (POB) 61.980 1117317.501 1117314.736 -2.765 -61.980 1117252.756 2.765 1117255.521 1117255.521 0.000 0.000 109.38 East 0.00 Closure in Lat/Dep: Starting Point: 589675.705 Total Distance: 342.78 _ Distance Error: N 00 00'01" E 0.004 Accuracy Ratio: 1:85,696 Area: 6,782 ft2 0.156 Acres 1117255.521 Bearing Mode Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg Measurement Units: feet ----------------------------------------- TIMBER COURT SHORT PLAT Lot 6 Bearing S 88 33'05" E S O1 26'55" W N 88 32'10" W N O1 26'55" E East Distance 62.00 109.42 62.00 109.40 0.00 Northing/Lat 589674.137 -1.567 589672.570 -109.385 589563.185 1.584 589564.769 109.365 589674.134 0.000 589674.134 0.003 Easting/Dep 1117317.501 Start (POB) 61.981 1117379.482 -2.767 1117376.715 -61.979 1117314.736 2.765 1117317.501 0.000 1117317.501 0.000 Closure in Lat/Dep: Starting Point: 589674.137 1117317.501 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Total Distance: 342.82 _ Distance Error: N 00 00'01" E 0.003 Accuracy Ratio: 1:114,272 Area: 6,783 ft2 0.156 Acres Bearing Mode Date Prepared: 4/5/2005 Date Prepared: 4/5/2005 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Drawing: 2338sh2.dwg Measurement Units: feet TIMBER ESTATES SHORT PLAT Lot 7 ------------ ---------- Bearing Distance N O1 26'55" E 109.42 S 88_33'05" E 62.00 S Ol 26'55" W 108.45 ** Horizontal Curve: S 83 23'28" W 7.02 -------------- Northing/Lat 589563.189 109.385 589672.574 -1.568 -108.415 589671.006 589562.591 -------------- Easting/Dep 1117376.715 Start (POB) 2.767 1117379.482 61.980 -2.742 1117441.462 N 14 40'55" W 25.00 Delta: 16 08'45" Radius: 25.00 Tangent: 3.55 Length: 7.04 S Ol 27'50" W 25.00 1117438.720 -0.808 -6.973 Chord pc-pt 589561.783 1117431.747 pt 589562.591 1117438.720 pc 24.184 -6.336 Radial In pc-rp 589586.775 1117432.384 rp -24.992 -0.637 Radial Out rp-pt 589561.783 1117431.747 pt _ 589563.190 N 88 32'10" W 55.05 1.407 589563.190 East 0.00 0.000 Starting Point: 589563.189 Closure in Lat/Dep: -0.001 Area: 6,782 ft2 0.156 Acres 1117376.715 -55.032 1117376.715 0.000 1117376.715 0.000 Date Prepared: 4/5/2005 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 2338sh2.dwg Measurement Units: feet TIMBER ESTATES SHORT PLAT Lot 8 Bearing Distance ------------ ---------- S 88 33'05" E 112.00 S Ol 55'38" W 83.00 N 88 33'05" W 90.00 S 53 49'40" W 16.35 ** Horizontal Curve: N 49 00'31" W 20.00 S 53 49'40" W Delta: 25 40'22" Radius: 45.00 Length: 20.16 Tangent: 10.25 N 28 09'18" E N 28 09'18" E N Ol 26'55" E East Closure in Lat/Dep: Starting Point: 45.00 45.00 Northing/Lat 589668.971 -2.832 589666.139 -82.953 589583.186 2.275 589585.461 -9.650 589575.811 Easting/Dep 1117521.806 Start (POB) -------------- 111.964 1117633.770 -2.791 1117630.979 -89.971 1117541.008 -13.199 1117527.809 13.119 -15.096 Chord pc-pt 589588.930 1117512.713 pt 589575.811 1117527.809 pc -26.559 -36.326 Radial In pc-rp 589549.252 1117491.483 rp 39.678 21.230 Radial Out rp-pt 589588.930 1117512.713 pt 15.73 13.869 589602.799 66.20 66.179 589668.978 0.00 0.000 589668.978 -0.007 589668.971 Distance Error: S 23 11'55" W 0.008 Total Distance: 403.44 Accuracy Ratio: 1:52,974 Area: 9,441 ft2 0.217 Acres 7.423 1117520.136 1.673 1117521.809 0.000 1117521.809 -0.003 1117521.806 Bearing Mode Date Prepared: 4/5/2005 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 2338sh2.dwg Measurement Units: feet TIMBER ESTATES SHORT PLAT Lot 9 Bearing Distance ------------ ---------- S Ol 55'38" W 82.49 Northing/Lat 589583.189 -82.443 589500.746 3.523 5$9504.269 Easting/Dep 1117630.977 Start (POB) -------------- -2.774 1117628.203 -137.875 1117490.328 N 88 32'10" W 137.92 ** Horizontal Curve: N 27 38'45" E 80.77 N O1 27'51" E 45.00 Delta: 127 38'11" 71.549 37.478 Chord pc-pt 589575.818 1117527.806 pt 589504.269 1117490.328 pc 44.986 1.150 Radial In pc-rp 589549.255 1117491.478 rp Radius: 45.00 Length: 100.25 Tangent: 91.53 N 53 49'40" E 45.00 N 53 49'40" E 16.35 S 88 33'05" E 90.00 East 0.00 Closure in Lat/Dep: Starting Point: 26.563 589575.818 9.650 589585.468 -2.275 589583.193 589583.193 0.000 -0.004 589583.189 Total Distance: 427.01 Accuracy Ratio: 1:103,566 Distance Error: S 14 02'11" E 0.004 Area: 8,237 ft2 0.189 Acres 36.328 Radial Out rp-pt 1117527.806 pt 13.198 1117541.004 89.972 1117630.976 1117630.976 0.000 0.001 1117630.977 Bearing Mode Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 4/5/2005 Drawing: 2338sh2.dwg Measurement Units: feet TIMBER ESTATES SHORT PLAT -".tee ~`~, --~- ~~ 4 ------------ ---------- Bearing Distance S 88 33'05" E 80.37 S Ol 26'55" W 66.20 -------------- Northing/Lat 589671.003 -2.032 589668.971 -66.179 589602.792 589588.923 -13.869 -------------- Easting/Dep 1117441.462 Start (POB) 80.344 1117521.806 -1.673 1117520.133 1117512.710 -7.423 S 28 09'18" W 15.73 ** Horizontal Curve: S 75 17'04" W 61.23 S 2809' 18" W 45.00 Delta: 85 44'29" Length: 67.34 Radius: 45.00 Tangent: 41.77 N 57 35'11" W 45.00 ** Horizontal Curve: S 53 51'57" W 18.29 N 57 35'11" W 25.00 Delta: 42 54'16" Radius: 25.00 Length: 18.72 Tangent: 9.82 S 14 40'55" E 25.00 N Ol 26'55" E 108.45 East 0.00 Closure in Lat/Dep: Starting Point: -15.554 -59.221 Chord pc-pt 589573.369 1117453.489 pt 589588.923 1117512.710 pc -39.675 -21.233 Radial In pc-rp 589549.248 1117491.477 rp 24.121 -37.988 Radial Out rp-pt 589573.369 1117453.489 pt -10.785 -14.772 Chord pc-pt 589562.584 1117438.717 pt 589573.369 1117453.489 pc 13.401 -21.105 Radial In pc-rp 589586.770 1117432.384 rp -24.186 589562.584 108.416 589671.000 0.000 589671.000 0.003 589671.003 6.333 Radial Out rp-pt 1117438.717 pt 2.742 1117441.459 0.000 1117441.459 0.003 1117441.462 Distance Error: N 45 00'00" E 0.004 Total Distance: 356.80 Accuracy Ratio: 1:84,099 Area: 6,745 ft2 0.155 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 2338sh2.dwg Measurement Units: feet ---------------------------------------------------- TIMBER ESTATES SHORT PLAT ~ ~• Bearing Distance Northing/Lat ------ - Fasting/Dep ------------- ------------ -- -------- -- ------ 589545.623 1116968.059 Start (POB) 32'10" E S 88 523.16 -13.365 522.989 _ N O1 27'50" E 17.00 16.994 0.434 589532.258 1117491.048 589549.252 1117491.482 N 53 49'40" E 45.00 26.560 36.326 589575.812 1117527.808 49'40" E N 53 16.35 9.650 13.199 _ S 88 33'05" E 90.00 -2.275 89.971 589585.462 1117541.007 589583.187 1117630.978 S O1 55'38" W 82.49 -82.444 -2.774 589500.743 1117628.204 32'10" W N 88 646.29 16.512 -646.079 _ N 88 32'10" W 15.00 0.383 -14.995 589517.255 1116982.125 589517.638 1116967.130 N O1 53'59" E 28.00 27.985 0.928 589545.623 1116968.058 East 0.00 0.000 0.000 Closure in Lat/Dep: 0.000 0.001 589545.623 1116968.058 ---------- Starting Point• - ------------- 589545.623 ---- 1116968.059 Distance Error: S 89 59'58" E 0.001 Accuracy Ratio: 1:1,463,291 Total Distance: 1463.29 Area: 25,143 ft2 0.577 Acres Bearing Mode Lot Closures - Prepared using Survey/Civil Solutions Date Prepared: 4/4/2005 Drawing: 2338sh2.dwg Measurement Units: feet ----------------------------------------------- Bearing Mode TIMBER COURT SHORT PLAT Bearing --=~---- fr--- S 88_32``' 10" E N Ol 55',38" E N 88 33'05" W S O1 53'59" W East Distance Northing/Lat 589517.255 ~_-6-4.b :-2-g~,, -16.512 165.49 165.397 ~`~ -` 589500.743 589666.140 646.37 16.341 589682.481 165.32 -165.230 589517.251 Closure in Lat/Dep: Distance Error: Starting Point: 0.00 0.000 589517.251 0.004 N 00 00'01" E 0.004 589517.255 for AutoCAD Easting/Dep 1116982.127 646.079 5.565 1117628.206 1117633.771 -646.164 1116987.607 -5.480 1116982.127 0.000 1116982.127 0.000 1116982.127 Start (POB) Total Distance: 1623.46 Accuracy Ratio: 1:405,865 Area: 106,901 ft2 2.454 Acres 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-04-0118-YL Grantor: 1. Airborne Properties LLC Brian Reynolds 7822 Old Hwy 99 SE Olympia, WA 98501 Grantee: 1. Yelm Community Schools District No. 2 Legal Description: Sec 13, T17N, R1E Assessor's Property Tax Parcel Number/Account Number: 22730140700 THIS MITIGATION AGREEMENT ("Agreement") is made this ~ of ~,~~ `uD 200A;5 between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the istrict") and Airborne Properties LLC (the "Developer" ). RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 9 lot subdivision near Yelm, Wash. (the "Project"). The Projcct 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. ~~~ 3700861 ``` ` `` ` ```~ 1~~`~ ~"~1111 ~"~' ~~` I 0a 0fi•/20@5 11406ii ^{II ~f~~~ III~1 ~~~ i~l ~I~ lJa. YELI1 COHNUNITY 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 (51,711.00) for each lot in the subdivision or the total sum of Fifteen Thousand Three Hundred Ninety Nine and no/100 Dollars ($15,399.00) (the "Mitigation Payment") for the 9 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 (S1,711.00) per dwelling unit or Fifteen Thousand Three Hundred Ninety Nine and no/100 Dollars ($15,399.00) 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: Fort Stevens 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. III VIII 0~p 08 205 114088 11 III IIII I I Ilillil Iilll III III II I 11111111111111 YELfl COt1t1UNITY SCHOOLS AGR 622.00 Thurston Co. tJa. 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 Vancil Road south of Birkland ST, Yelm, WA Section 13 Township 17N Range 1 E Land Area 2.45 acres Tax Parcel Number: 22730140700 YELM COMMUNITY SCHOOLS DISTRICT N0.2 . DATED: By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~ day of 200 5 •= ~ ~'~~l ~". FR~~O ~ NOTARY BLIC in and for the State of • h1 . 'r _ ~= ti ;?~,~0'~~~E.:,~..-s" ~_ Washington, residing at ~" ~= ` .. oT%~~ ;' ~~ ~• My Commission Expires: - - ',- 4~.. •`20''O F^..t... , ~ ``~ Ur.tuint~~~~"~. ~ ~.\.,. +;1 i ~II,II 0 1 90086 /8 00 5 1 14 06 6 i 1 1 11 1 1 1 1 1 11 1 1 111 1 1 i~ l l I l 1 11 1 111 1 I I 1 I I I I I I 1 1 1 I I YELtt Co}91UNITY SCHOOLS AGR 622.09 TM+rston Co. Wa• DATED: ~2- ~'~ Y By: Brian Reynol~ Its 11~~}1y~(~ 2 STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) 4 I certify that I know or have satisfactory evidence that Brian Reynolds 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 urposes mentioned in the instrument. GIVEN under my hand and official seal this ~ day of DGCGm.be~r', 2004 ``~~~~ttt~~~~~~~~' Vim/ O` ~~t:A. HGO ~ TARY PUBLIC in and for a State of `~ 0 o~M~SSrp,q~+~ ~~hington, residing at (ti(~SISbi_G6?.~-~ ,~.'1.~ MAH w:•,1~y.,,.~„a,~~..,,~~..,nM/iiw. , I~G~J-LJO _ ~ 7C ' 25 i 7t 2008 ~~~iyQ s;'~TEOf'~;~•~~~~`~ i~4~;,QRY'~vg```~~ i~~~~iuu~~~iflW~u~no 3700861 Pays: 4 of 4 01/06/2005 11:06A Thurston Co. Ua, :~ ~~ S-rATES OF A~~ ~~~ STATg O w~ A ~~ ~ 9 ~ ~' 6 $ ~~ ~~ ~ • ` y ~`~ 1889 ~O ~~ . ,~eCretary o~ ,Mate I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to TIMBER ESTATES HOMEOWNERS ASSOCIATION a/an WANon-Profit Corporation. Charter documents are effective on the date indicated below. Date: 4/8/2005 UBI Number: 602-491-754 APPID: 263361 STA~~ ~~~ ~„~ Given under my hand and the Seal of the State ~ OGZ, ~~ ~ of Washington at Olympia, the State Capital x ;- ~~ ~ ~ ~ J ~ ~~~ ~, ~-y~. y7 Sam Reed, Secretary of State l~ Q ~ ~ ~ ~ 1889 ~ Please print, sign and return to the Department of Ecology /~W~ya~tepr~..7.~We1II Report y~,1~ N11111f11 11171 ~ -Eoob®. 1'r ~Py -o+~r. ~C~~1~~ 11111 T~111 11 1t~L~iT Conshvction/Decommission ^ Construction Decommission ORIGINAL INSTALLATIONItibtice oflnientNttmber PROPOSED USE: mDoasstic Iadustaal ^ A~roidpal ^DetKater ^hri~tion TestWdl O~- tYPE aFwoc~c: Oauods rtumber nfvsdl C~ ~~ ~) ~ D~ ^ Remndifioaed ,u~t>nd : ~ ~ ®~y ~ ~ nn~atsrolvs D;amda oral ~_ i»~es, drilled ft Depth of mm~ida! well 59 $ ~ ^ WddrA Diem from tL to f 7nsbllad: Liaetiasmlled Diam from tL to fl Thrmdr~ 'Diem from R to fl Paimadons: Yrs No Typeofpa~orused 577E orperfs in. by _ is and no. of perfs from _ i< to R Sere®e: ^Yes ^Na ^K-Pat Lordtim Mamr>~adsName Type Iuladd No. Dian Slot size from R to ft Diem y7d sin from ft to R GrasdlFEtapaelmd: ^ Yes No ^ 5im of gravdlsand 1Ulatmals placed from ~ to 8 Smiace Sew : ^ Yes ^ No To afiat depth? ft . Tviatmal usedias®1 Did nay strata cootmn um~sable weld? ^ Ya ^ No Type ofwata? Depth of strata Mdhod of s®liag strata ofP pUMP: Nlamrfamad s Name Type HP. wATERLEVII.S: Land-siaflacedeQationahovem®asealevd tL Staticlevd 29 R hdowtnp afwdl Date 1!14!05 Attesranpsasure lbs.persquazeiach Date Artesian wtTeris co>brolledhy wELLTESTS: Dra~xdawaisamouatwatelevdisloatredhdowstaticlevd Wasapumptestmad2? ^Yrs ^Nc Iryes,byahom? Yids tsrl.haia. with R drawdownafter hrs Yidd taLlmia with R drawdowaafter hrs. Yidd: aal.kaia with R drawdowaaffrr las. ]mcrn~ap dots Ithro tntvn m zero wFnnpunp 3rrtwd oQ) 1{YatQr 1a-v1 mo~aad)Fom 1Pa71 bP b v~alavol) 'Gee WataLead Time WaterLevd Time WataLevd Dart attest Bailatet pUmin. with R drawdasva after hrs. Airtet pllmia withstemsdat tL 1ar hrs. Artmanflow ttp.m Date iempe;auaeafwata Wasadtraflalaoalysis~d2i ^Yes ^No Current Notice of Intent No. A7116o Unique Ecology Well ID Tag No. N!A Water Right Permit No. EXE1~T V1ELL Property Owner Name AI7tBORNEFROPERTIESLLC Well Street Address 10826 SE VANCQ. ROAD Cjty YELM County THURSIt~N Location ~ 1l4-I/4 ~ ll4 Sec 30 Twn 17D R ~ i= ~tvr / circle - WWM ons Lat/Long (s, t, r Let Deg Let Min/Sec str1l REQUIILID) Long Deg Lang Min/Sec Tax Parcel No. 22730140700 CONSTRUCTION ORDECOMIVIISSIONPROCIDURE Formation: Desaihe lry rnlor, dsarada. s¢e of mateaal and strudrue, and the lead and aalaae of the mdaial is mch stratum penetrated, with at ]rest one entry fur ~rh dtange of inimasitionindinte all water encountered. (CiSE ADDITIONAL SHEETS IF NECESSARY.) INACCORDANCE QJTTH WAC 173-160-381 SECTION 1 SQBSECTIONB FTf_TFD HOLE WTPH SLURRY BENTOIQITE PIILLED CASING TOPPED OFF WTI'H BENTONITE CHIPS Stet Dee 1/14/05 Ctmpeted Dale L14lOS WELL CONSTRIICTION CERTIFICATION: I constructed andlor accept responsibility fa construction of this welt,. and its eampfiaace with all VJasliagton well construction standards. Materials tiled and We information reported about are true to t~ best knowledge and belief. - ~~~~ Name(Y[itd.) RO Y P DriIIing Company A R t dT)T 4 T)R Tf 7.TNC; TNG ~~~~~~~ _. Address POB 1790 DriIlaortrainxLicroseNo. ~n53 City. State. Zip ~'TTn*T WA 98584 Ii1,RAINEE. Contras Di~IDn+syYmssil~, RegisttationNo. ARCd1tDT09f~R1 _ Date!/17105 Drirr'sSipNme ~ Ecolo®isaaEqualO~~~rtunityEmpleyrr. ECYQ50-1-20fRec2A3) ~= s> ~.