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Project Rev & Correspondence
a~ ~"~~ City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 _~~_„~,., (360) 458-3144 FAX Memorandum To: FILE From: Tami Merriman, Assistant Planner Date: March 31, 2005 Re: SUB-04-0216-YL, Mill Pond Estates Final Plat All Recorded Documents (i.e. CC&R, Warranty, Bill of Sale, Stormwater, Warranty) for Mill Pond Estates (SUB-04-0216-YL) also apply to Mill Pond Estates Division 2 (SHS-04-0183-YL). These documents can be found in the Mill Pond Estates Plat File. I:\SUB Full Plat Subdivision\04-0216 Mill Pond Estates Final\Recorded documents.doc eturn Address ity of Yelm ami Merriman O 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. Bloom, Douglas R, Rainier General Development 2. Mill Pond Estates 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 NE '/4, of the NE '/4 of Section 25, Township 17 N, Range 1 E, W.M. Assessor's Property Tax ParceVAccount Number: 21725110502 INIWNhIVIIN~VU~VII~IMIIIVII~IIN~NII ~~'~mg~o,~„e t - r ~ . , First American Tt/e Insuranre Company •' ~`+~ Bell Towne Centre 4200 6th Avenue SE, Ste 201 `` ""''~ ~ ~ Lacey, WA 98503 First Amerlean Phn - (360) 491-2441 ~~ ~/!=~ Fax - (360) 352-7417 -~ _„_ Title Team Five (Thurston County) Mitch Miller Title Officer msmiller@firstam.com To: Rainier General Development PO Box 627 Rainier, WA 98576 Attn: Doug Bloom File No.: 4299-302530 Your Ref No.: Re: Property Address: 10325 Southeast Mill Road, Yelm, WA 98597 Supplemental Report 1 Dated: December 28, 2004 at 8:00 A.M. Commitment/Pre/iminaryReport No. 4299-302530 dated as of November 19, 2003 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 11/19/2003 at 7:30 a.m. except as noted below: Paragraph No(s). 1 has/have been amended to read as follows: 1. Deed of Trust and the t Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: erms and conditions thereof. Rainier General Development, Inc., a Washington corporation Linda Spain, as her separate estate Stewart Title $100,000.00 August 12, 2003 3562039 The lien of said Deed of Trust was subordinated to the lien of the instrument recorded June 10, 2004 under recording no. 3648490 by agreement recorded June 10, 2004 under recording no. 3648491. The following paragraph no(s). 9 and 10 has/have been added to our Commitment/Preliminary Report to read as follows: 9. Mitigation Agreement Agreement and the terms and conditions thereof: Between: Yelm Community Schools District No. 2 And: Rainier General Development, Inc. Recording Information: 3608660 Page 1 of 3705689 I IIIIII I Page : 2 of 7 IIII IIIIII 01/28/2005 09:288 IIIIIIIIII IIIIIIIII IIIIIIIIIIIIIIIIII RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa Date: January 05, 2005 10. Deed of Trust and the terms and conditions thereof. File No.: 4299-302530 () Grantor/Trustor: Rainier General Development, Inc., a Washington corporation Grantee/Beneficiary: South Sound Bank Trustee: First American Title Company Amount: $750,000.00 Recorded: June 10,2004 Recording Information: 3648490 Note letters A, B, C, and Dhas/have been amended to read as follows: General taxes for the year 2004, which have been paid. Tax Account No.: 21725110502 Code Area: 170 Amount: $ 785.59 Assessed Land Value: $ 54,350.00 Assessed Improvement Value: $ 0.00 First American Tit/e Insurance Company By: Mitch Mi/ler, Tit/e Officer Page z of 2 3705689 II Page: 3 of 7 III 01!28/2005 09:28A IIII IIII IIII III IIIII I IIIII IIII II RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. Form No. 14 Subdivision Guarantee (4-10-75) ` ~ .~ A Jt F. R r ,,! I t ~~ ~~ ~~~~ .~ Guarentee No.:4299-302530 Page No.: 1 First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360)491-1606 - FAX (360)352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360) 491-1606 (253) 671-5815 (253) 671-5814 dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 FEE GUARANTEES Rainier General Development 4299-302530 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 19, 2003 at 7:30 A.M. ORDER NO.: $ 200.00 TAX $ 16.80 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. I IIIIII VIII IIIIII IIII II 3705689 IIIIIIIIIIIIIIIII IIIIII 0128/2005 09729A VIII II fiistAmeric. RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. - l: . ~~~ J~ • Form No. 14 Guarantee No.: 4299-302530 Subdivision Guarantee (4-10-75) Page No.: 2 SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Rainier General Development, Inc., a Washington Corporation B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Lot B of Boundary Line Adjustment No. BLA03-8344YL as recorded July 31, 2003 under Recording No. 3557667 and 3557668, in Thurston County, Washington. APN: 21725110502 IIIIII VIII I I 3705689 I III III IIIIIII VIII VIII II II IIII oa9 8!2005 Og~28A ~ VIII I Fin7Amen~ RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4299-302530 Page No.: 3 RECORD MATTERS: A m 3 N r ~ ~ U O ~ !O O O ~ N y N N ~ ~ ~ fr7 d o ~ ~~ m m ~~ N ~~ ~ a ~~ a ~~ o ~~ J W ~~ > ~~ o ~ a ~. ~ w ~~ z W ~~ ~ ~~ ~ ~~ W ~ M z - M ~~ ~ 1. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Ranier General Development, Inc., a Washington corporation Grantee/Beneficiary: Linda Spain, as her separate estate Trustee: Stewart Title Amount: $100,000.00 Recorded: August 12, 2003 Recording Information: 3562039 2. Easement, including terms and provisions contained therein: Recording Information: 40527 For: Pole privilege 3. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: June 18, 1926 167933 Puget Sound Power and Light Company, a Washington corporation Electric transmission and/or distribution system 4. Right to make necessary slopes for cuts or fills upon said premises for Road as granted by deed recorded February 10, 1982 under recording no. 8202100061. 5. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468"" Recorded: July 16, 1993 Recording No.: 9307160018 6. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468"" Recorded: November 16, 1993 .Recording No.: 9311160098 7. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 607"" Recorded: September 3, 1998 Recording No.: 3176833 8. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: July 31, 2003 Recording Informaton: 3557667 and 3557668 INFORMATIONAL NOTES A. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110100 Code Area: 170 Amount: $ 725.28 Assessed Land Value: $ 53,750.00 flrsf AmenCan Title Form No. 14 Subdivision Guarantee (4-10-75) Assessed Improvement Value: $ 0.00 B. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110200 Code Area: 170 Amount: $ 199.17 Assessed Land Value: $ 13,400.00 Assessed Improvement Value: $ 0.00 C. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110300 Amount: $ 479.62 Assessed Land Value: $ 35,000.00 Assessed Improvement Value: $ 0.00 D. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110500 Amount: $ 768.03 Assessed Land Value: $ 56,950.00 Assessed Improvement Value: $ 0.00 Guarantee No.: 4299-302530 Page No.: 4 Said amounts were for the entire plat of Boundary Line Adjustment No. BLA03-8344YL consisting of 4 Lots and Tract(s) (Tax Account No(s). for Lot(s) B is/are 21725110502). E. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. IIII III VIII IIII IIII Q~Z 8/G2005 09728A 111111 VIII 111111 IIII 1111111 VIII RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Bloom, Douglas R, Rainier General Development 2. Mill Pond Estates 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 NE '/a, of the NE `/4 of Section 25, Township 17 N, Range 1 E, W.M. Assessor's Property Tax ParceVAccount Number: 21725110502 IIIIII II Page 689of 7 III IIIIII IIIIIIIIII IIIIIIII III III 0, ! IIIIIIIII 28120©5 IIII 09.288 RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. * x ~ ~ ~ , FiiStAmerican Tit/e Insurance Company • 4 c+ Bell Towne Centre 4200 6th Avenue SE, Ste 201 t` ~ ~ .~. ~f S~ ~~a .[L.r~L~ Phn Y,( 60) 49102441 u~ ti ~/L=r Fax - (360) 352-7417 ti_ Title Team Five (Thurston County) Mitch Miller Title Officer msmiller@firstam.com To: Rainier General Development PO Box 627 Rainier, WA 98576 Attn: Doug Bloom File No.: 4299-302530 Your Ref No.: Re: Property Address: 10325 Southeast Mill Road, Yelm, WA 98597 Supplemental Report 1 Dated: December 28, 2004 at 8:00 A.M. Commitment/Pre/iminaryReport No. 4299-302530 dated as of November 19, 2003 (including any supplements or amendments thereto) relating to the issuance of an American Land Title Association Form Policy is hereby modified and/or supplemented as follows: There has been no change in the title to the property covered by our Commitment/Preliminary Report dated 11/19/2003 at 7:30 a.m. except as noted below: Paragraph No(s). 1 has/have been amended to read as follows: 1. Deed of Trust and the terms and conditions thereof. Grantor/Trustor: Rainier General Development, Inc., a Washington corporation Grantee/Beneficiary: Linda Spain, as her separate estate Trustee: Stewart Title Amount: $100,000.00 Recorded: August 12, 2003 Recording Information: 3562039 The lien of said Deed of Trust was subordinated to the lien of the instrument recorded June 10, 2004 under recording no. 3648490 by agreement recorded June 10, 2004 under recording no. 3648491. The following paragraph no(s). 9 and 10 has/have been added to our Commitment/Preliminary Report to read as follows: 9. Mitigation Agreement Agreement and the terms and conditions thereof: Between: Yelm Community Schools District No. 2 And: Rainier General Development, Inc. Recording Information: 3608660 Page 1 of 3705689 I IIIIII VIII IIIIII IIII IIIIIII 0a2 8/2005 09728A VIII VIII III VIII IIII IIII RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. Date: January 05, 2005 10. Deed of Trust and the tern Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: File No.: 4299-302530 () is and conditions thereof. Rainier General Development, Inc., a Washington corporation South Sound Bank First American Title Company $750,000.00 June 10, 2004 3648490 Note letters A, B, C, and Dhas/have been amended to read as follows: General taxes for the year 2004, which have been paid. Tax Account No.: 21725110502 Code Area: 170 Amount: $ 785.59 Assessed Land Value: $ 54,350.00 Assessed Improvement Value: $ 0.00 FirstArne~ican Tit/e Insurance Company By: Mitch Mi//er, Tit/e Officer Page z of z 3705689 IIII IIII 0a2 812005 097288 II III VIII IIIIIIIIIIII (IIIIIIIIIIII IIIIIIIIIIII RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. /, Form No. 14 Subdivision Guarantee (4-10-75) `~~.~ AltF'R~ '~ C ~ ~~. ~. ~~~~' Guarantee No.: 4299-302530 Page No.: 1 First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360) 491-1606 - FAX (360) 352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360)491-1606 (253)671-5815 (253)671-5814 dbaird@firstam.com kwilson@firstam.com rhudson@firstam.com SUBDIVISION GUARANTEE LIABILITY FEE $ 1,000.00 ORDER NO.: $ 200.00 TAX $ 16.80 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Rainier General Development 4299-302530 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This- Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 19, 2003 at 7:30 A.M. VIII) VIII 3705689 IIIIII IIII IIIIII 0a9 el2mm5 097288 IIIIIIIIIIIIIIIIII IIIIIIIII FirstAmenc, RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. ~,~ .~'' Form No. 14 Subdivision Guarantee (4-SO-75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Rainier General Development, Inc., a Washington Corporation Guarantee No.: 4299-302530 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Lot B of Boundary Line Adjustment No. BLA03-8344YL as recorded July 31, 2003 under Recording No. 3557667 and 3557668, in Thurston County, Washington. APN: 21725110502 I IIIIII III Page :6 59of 7 II III IIIIIII IIIIIII IIII 01128/20 I IIIII III III 05 09.288 II IIII IIII Firs~tAmenG RAINIER GENERAL DEVELOP PC X25.00 Thurs+.on Cr. ~.~~ m 3 N r ~ o '~ 0 V 0 0~0 ~ a o ~ N y N N ~ N ch a e ~ m ~. m N ~ N ~~ ~ ~~ U ~ a ~~ a ~~, o ~~ J W ~~. > w ~^ o ~~ J Q o: ~~ z w ~ ~ ~. ~ vii w H z - N ~~ ~ Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: 1. Deed of Trust and the t Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: Guarantee No.: 4299-302530 Page No.: 3 erms and conditions thereof. Ranier General Development, Inc., a Washington corporation Linda Spain, as her separate estate Stewart Title $100,000.00 August 12, 2003 3562039 2. Easement, including terms and provisions contained therein: Recording Information: 40527 For: Pole privilege 3. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: June 18, 1926 167933 Puget Sound Power and Light Company, a Washington corporation Electric transmission and/or distribution system 4. Right to make necessary slopes for cuts or fills upon said premises for Road as granted by deed recorded February 10, 1982 under recording no. 8202100061. 5. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468"" Recorded: July 16, 1993 Recording No.: 9307160018 6. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468"" Recorded: November 16, 1993 .Recording No.: 9311160098 7. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 607"" Recorded: September 3, 1998 Recording No.: 3176833 8. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: July 31, 2003 Recording Informaton: 3557667 and 3557668 INFORMATIONAL NOTES A. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110100 Code Area: 170 Amount: $ 725.28 Assessed Land Value: $ 53,750.00 First American Title Form No. 14 Subdivision Guarantee (4-10-75) Assessed Improvement Value: $ 0.00 B. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110200 Code Area: 170 Amount: $ 199.17 Assessed Land Value: $ 13,400.00 Assessed Improvement Value: $ 0.00 C. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110300 Amount: $ 479.62 Assessed Land Value: $ 35,000.00 Assessed Improvement Value: $ 0.00 D. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110500 Amount: $ 768.03 Assessed Land Value: $ 56,950.00 Assessed Improvement Value: $ 0.00 Guarantee No.: 4299-302530 Page No.: 4 Said amounts were for the entire plat of Boundary Line Adjustment No. BLA03-8344YL consisting of 4 Lots and Tract(s) (Tax Account No(s). for Lot(s) B is/are 21725110502). E. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. IIIIII VIII IIIIII IIII IIIIIII 3705689 VIII VIII III (IIII IIII 0a9 812005 097288 IIII RAINIER GENERAL DEVELOP PC $25.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. 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. Bloom, Douglas R, Rainier General Development 2. Mill Pond 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 NE '/4 of the NE '/a, of Section 25, Township 17 N, Range 1 E., W.M. Assessor's Property Tax ParceUAccount Number: 21725110502 (VIII VIII IIIIII IIII IIIIIII VIII VIII III VIII IIII IIII m~z erGz©os m91zea RAINIER GENERAL DEVELOP COV $29.00 Thurston Co. Wa. AFTER RECORDING RETURN TO: Rainier General Development, Inc. P.O. Box 627 Rainier, Washington 98576 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 40 and Common Are~Tract A of Mill Pond Estates, as recorded in the office of the Thurston County Auditor on day of ' 20~, under Thurston County Auditor's File No. `, ]©s[~~~, together with lots thru 9, and Tract A of Mill Pond Estates II, to be recorded at a future date. THIS DECLARATION IS MADE THIS ~ DAY OF J A N v ~,~-ti , 20 0 by RAINIER GENERAL DEVELOPMENT, INC., A Washington Profit corporation, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH Whereas, Declarants are the owners of certain real property in The City of Yelm, Lots 1 through 40 and the common areas, Tracts A of Mill Pond Estates as recorded in the office of the Thurston County Auditor on ~~ day of ~,~ ~vL~ 20~ under Thurston County Auditor's File No. 7 . ~ ~O (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. IIIIIIIIIIIIIII O'2g621of it II IIII IIIIIII I 2005 09.28R IIII (IIII III IIII IIIIIIIII RAINIER GENERAL DEVELOP COV $29.00 Thurston Co. Wa. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Mill Pond 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, Mill Pond 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. Section 6. "Declarant" shall mean and refer to Rainier General Development, Inc., its successors or assigns who should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION 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: LOTS 1 TO 40 AND COMMON AREA TRACT A OF MILL POND ESTATES, AS RECORDED UNDER AUDITOR'S FILE NO. IN THURSTON COUNTY, WASHINGTON, TOGETHER WITH LOTS 1 THRU 9, AND TRACT A OF MILL POND ESTATES II, TO BE RECORDED AT A FUTURE DATE. IIIIII VIII IIIIII Pay 5691of 11 IIIIIIIIIIIIIIIIII 01128!2005 09 IIIIIIIIIIII 28R 1111111 RAINIER GENERAL DEVELOP COV $29.00 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 is non-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. 3705691 IIII IIII 0a2 8./2005 09128R II III VIII 1111111 111111 1111111 illllll Iilllll III RAINIER GENERAL DEVELOP COV $29.00 Thurston Co. Wa. 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. 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 4 3705691 II IIII IIII 0a 2812005 091288 IIII III III IIIIIIIIIIII IIIIIIIIIIIIIIII 1111111 RGrNTER GENERAL DEVELOP COV $29.00 Thurston Co. Wa. 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. Section 11. Oil and Minim 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 Mill Pond 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. 3705691 IIII IIII 0a2 812005 091288 I III VIII III IIII IIIIIIIII IIII IIII VIII II Ililll RGTNiER GENERAL DEVELOP COV $29.00 Thurston Co. Wa. 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. 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 Mill Pond 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 Rainier General Development, Inc. (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 I VIII 3705691 IIII Page: 7 of 11 II IIIIII IIII I VIII I IIII I III II III IIIIII ©112 IIII 8/20 III D5 9.28q RAINIER GENERAL DEVELOP COV X29 AA rr..~..~a__ .._ ~. Veterans Administration; Annexation of additional properties, dedications of Common Area and amendment of this Declaration of Covenants, Conditions and Restrictions. 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 Stormwater 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 7 IIIIIIIIIIIIIIIIIIIIIIIIIIII Page:681of 11 I IIIII IIIII III III 01 ! 2812005 09:288 IIIIIIIIII RAINIER GENERAL DEVELOP COV $29.00 Thurston Co. Wa. each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 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 bynon-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mort~,ages. 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. IIIIII VIII IIIIII IIII IIIIIII VIII VIII III VIII IIII IIII ©~2 8/2005 091288 RAINIER GENERAL DEVELOP COV 529.00 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, Mill Pond 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 Mill Pond 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 Mill Pond 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. IIIIII III Pag 5690 of 11 IIIIIIIII IIIIIIIIII IIIIIIIIII 01/28/20 III IIIIII OS 09.2 1111111 eA tAINIER GENERAL. nEVFi no rnv eoo ~~ T~..__a__ ,._ ~~ 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, Mill Pond Estates Homeowners Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) 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. ~~ Dougl' .Bloom ~~ Rainier General Development, Inc. President 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 ~iz-t<«~ 2005 ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared l2i~~l~~As ~• .~l ~~oM To me known to be the ~~,,Q~,Si~L~.z (TITLE(S) of ~~~~>iPi ~E~~~~-l Jc~~elo/~~n~>zf, Z;~~ (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. titi ~:~ ~.,~~,.~a (f `.. 4J .+.904 p'~Af /('.., ~,.`~.!.A_/!/~~~~(.L , ~'~- ; ~°~ _ Nosy Public in and for the ~~' °y State of Washington, residing in /NC%E'.S T~.~t/ ~OCr~i T < _; .' , .. a ~ _ o~it~~it,r~~ e9{tS4.~9~ ~~~ yz 10 3705691 III VIII III IIIIII III /III 01 g 8/2005 09:288 VIII IIIIII /III 1111111 II IIIIII ......~. ~.. i.~u~e°w~ n~u~~ nn nnu e.n0 aIA TI~..~...i.... f^.. ~_~_ eturn Address ity of Yelm ami Merriman 0 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. Bloom, Douglas R, Rainier General Development 2. Mill Pond 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 NE'/4 of the NE'/4, of Section 25, Township 17 N, Range 1 E., W.M. Assessor's Property Tax ParceVAccount Number: 21725110502 III 3705692 IIIII Page: 1 of 2 IIII IIIII IIII I (IIIII i III IIII IIII IIII ©„ III III 2@! IIII 20© I 5 09. 28A RAINIER GENERAL DEVELOP MISC $20.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this ! :?, day of "~.~ F~ ~ ~ ~ y , 20 ~ ~ , by and between Rainier General Development, Inc., hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property 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 Mill Pond Estates and for 104"' Ave S.E., of Yelm's Plat No. SUB-03-8358-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 Rainier General Development, Inc. ~--~ `"~ gy ,~ ~~~ E~ gnu, e) ITS ~~-'C.`> r.~ Fri l (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) ~~i j On the ; ~ ~ -- day of . J~J ~ - c ! r-~ ~~ `~ , 20 ;:? 5 ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~c ai G ~ ~ s iz ~~- i ~ ^'1 to me known to be the ~'~' f s i u f r~i 7 of _~iJ,n,o,~ G r~i. D~ ~' • ~~~~. 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 th~:t }~e is authorized to execute the said instrument and that the seal affixed (if any) is the .~.. cerperate.seal,;ofsafd corporation. ~_:: `JWI~~ESS'~~hy-~~nd and official seal the day and year first-above written. ~ = - _ _ - _= Notary Public in and for the • ~~ '° - =State of Washington, residing in ter. - • . System accepted this day of , 20 City of Yelm Bv: Director of Public Works I VIII 3705692 II Page: 2 of 2 II III II III III II III II 01 !2 III a!z II 005 III 09. 111111 ZBA II RAINIER GENERAL DEVELOP MISC $20.00 Thurston Co. Wa eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Bloom, Douglas R, Rainier General Development 2. Mill Pond 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 NE 1/4 of the NE '/4 of Section 25, Township 17N, Range 1 E, WM Assessor's Property Tax ParceUAccount Number: 21725110502 IIIIII VIII IIIIII Page 693of 8 IIII 1111111 III m, ! IIIIIIIII 28!20©5 I VIII IIII 09.28A IIII RAINIER GENERAL DEVELOP AGR $26.00 Thurston Co. Wa. AFTER RECORDING RETURN TO: Rainier General Development, Inc. P.O. Box 627 Rainier, Washington 98576 AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN MILL POND ESTATES HOMEOWNERS ASSCOCIATION, ITS HEIRS, 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 Mill Pond Estates, 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 A. 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 Mill Pond Estates Homeowners Association. In the event OWNER, successors or the Mill Pond Estates Homeowners Association, 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 1 3705693 I IIII 0a2 8•!2005 09828A I III i III IIII III IIII IIIIIIIII IIII IIII IIIIIII IIIIIII oorurco rcNCRni_ DEVELOP AGR 526.00 Thurston Co. Wa. 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. Section 2. Maintenance of Facilities. (A) In consideration of conveyance of Tract (s) to the Homeowners Association, the Homeowners Association 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 Association for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowners Association 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 A. Section 4. The Mill Pond Estates Homeowners Association shall provide the storm drainage maintenance required in the residential Agreement to maintain stormwater facilities and to implement a pollution source control plan as recorded in Thurston County, Exhibit A Section 5. Approximate maintenance Schedule for Drainage System Component. This is attached in Exhibit A. IIIIII VIII IIIIII IIII IIIIIII VIII II 3705693 III III VIII IIII IIII oag 812005 ©98288 RAINIER GENERAL DEVELOP AGR $26.00 Thurston Co. Wa. EXHIBIT A MAINTENANCE PLAN MILL POND ESTATES INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will be used to write the annual report (due in May of each year). Some items do not need to be checked with every inspection. Use the suggested frequency at the left of each item as a guideline for the inspections. The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears that a problem may exist. III VIII IIII IIII m ~z a rGzoos oe$Zea 111111 VIII 111111 IIII 1111111 (IIII (IIII RAINIER GENERAL DEVELOP AGR $26.00 Thurston Co. Wa. MILL POND ESTATES 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 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. 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 3705693 I IIII IIII 0a2 B.f20D5 09S28R VIII III IIII IIIIIIII IIIIIIII IIIIIIIIII 1111111 RAINIER GENERAL DEVELOP AGR $26.00 Thurston Co. Wa. Maintenance checklist for Energy Dissipaters Drainage ~ Frequenc System Conditions That Should Feature Re 'd Problem Conditions to Check For Exist A Rock Pad Missing or Only one layer of rock exists Replace rocks to design moved rock above native soil in area 5 square standard. feet or larger, or any exposure of ~ native soil. A Rock Pad Missing or Trench is not full of rock. Add large rock (=30 Ib. moved rock Each) so that rock is visible above edge of trench. ~ M Dispersion Pipe Accumulated sediment that Pipe cleaned /flushed. trench plugged exceeds 20% of the design with depth. ~ sediment M Perforations Over 1/2 of perforations in pipe Clean or replace plugged are plugged with debris and perforated pipe. sediment. M,S Not Visual evidence of water Trench must be discharging discharging at concentrated redesigned or rebuilt to water points along trench (normal standard. Elevation of lip properly. condition is a "sheet flow" of of trench should be the water along trench). Intent is to same (flat) at all points. prevent erosion damage. M,S Water flows Maintenance person observes Facility must be rebuilt or out top of water flowing out during any redesigned to standards. "distributor" storm less than the design storm Pipe is probably plugged or catch basin or its causing or appears likely to damaged and needs cause damage. replacement. M,S Receiving Water in receiving area is Stabilize slope with grass area over- causing or has potential of or other vegetation, or rock saturated causing landslide. if condition is severe. 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 VIII II 3705693 IIIIIIIIII Page: 6 of 8 VIII IIII 01 ! 2812005 09:288 IIIIIIIIII IIIIIIIII III RAINIER GENERAL DEVELOP AGR $26.00 Thurston Co. Wa. Maintenance for Catch Basins and Inlets Drainage r 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 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 IIIIII VIII Page 693of 8 IIIIII IIII IIIIII 01128!2 IIIIIIIIIIIII 005 09.26A IIIIIIIIIIII II RAINIER GENERAL DEVELOP AGR $26.00 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. IIIIIIII Page 683of 8 IIIIIII IIIIIIII IIII IIII III 0 IIII 112 IIII 8120 IIII 05 IIII IIII 09.298 RAINIER GENERAL DEVELOP AGR $26.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 '~~ 4~ 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. Bloom, Douglas R, Rainier General Development 2. Mill Pond 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 NE '/4 of the NE '/4 of Section 25, Township 17N, Range 1 E, WM. Assessor's Property Tax ParceVAccount Number: 21725110502 III 3705694 III Page : 1 of 3 II II II III III II II II IIII I II (IIII II (IIII o„ II 2 IIII e / III 2©0 II 5 0 9. 28A RAINIER GENERAL DEVELOP AGR t2i 0A rti~~..~.,... ~_ ~~_ WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS RAINIER GENERAL DEVELOPMENT (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as f'1 ~~ .~ t~o~ ^ %>-r-~ ~ c s , a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the 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: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal 3705694 IIII o~ z e.rzoos oB 2eA VIII IIII IIIIIIIIII 111111 I IIIIIIIIIIII IIIIIIIIII RAINIER GENERAL DEVELOP 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 consent of the City. ,-~ y ~ ~~_ D LAS R. BLOOM PR SIDENT STATE OF WASHINGTON) ss COUNTY OF THURSTON ) ~' v ~ ; ~ ~ ~ 20 " ~ before me the On this ~j - day of - f' ~!- tit' ~- , undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared DOUGLAS R. BLOOM that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this % -~?~ day of "T 1.~,1~ -. , 20 ~'-`-~ l ' Notary Public in and for the`" State of Washington, residing in .•. ~ ~_ ~ :~~-- "~`".'`«:~ My commission expires: ~' / %y ~ j, , F.. ~'n s ~nE• f ~~ r ,.:; .. n ~' ~~e:c4st+tcte+~+~+ 3705694 II IIII Ot 2 8/20D5 ©B 28A I III VIII IIIIII IIII IIIIIII II IIIIIIII III VIII II RAINIER GENERAL DEVELOP AGR $21.00 Thurston Co. Wa. 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O '~ o ti O ~b U1 0 O b '" ~ ~ \_J y O ~ y n L~ \-J O ire. ~[- ~ ~ .. - 1. i} f':.' ~' i...y O J tt~w vl O L11 t~ w Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: January 31, 2005 Re: SUB-04-0216-YL, Mill Pond Estates Final Plat Enclosed please find the final recorded documents for Case Number SUB-04-0216-YL, Mill Pond Estates, a 40 single family lot subdivision, on 104th Avenue SE and Mill Road SE.. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\04-0216 Mill Pond Estates Final\dist final plat memo.doc 16 Bond Bond in lieu of street tree completion 1/26/2005 Jan 31, 2008 $1,500.00 City of Yelm Mill Pond Estates SUB-04-0216 21725110502 •.. 104th Avenue SE and Mill SR 507 Road G1•7~71[.fa~l~.llc=1~-F~tui= r_~~1~I1[K=~~Iyrt=l~Cn1111'- lR~l~u~r•~u~ Doug -Bloom Rainier General Development __ P.O. Box 627 Rainier WA 98576 e ~ __ :_ ^ 360.446.3083 360.446.2972 Street trees are smaller caliper than development regulations. RGD will maintain trees for 3 years to insure growth, and replace as needed. DEVELOPER AGREEMENT Mill Pond Estates 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 1 500.00 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 January 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 1 500.00 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 26th day of January, 2005 ~-~f zz DF4V OPER EXHIBIT A Mill Pond Estates Required Improvement Street trees Cost Estimate $1,500.00 Street trees are a required improvement for the Mill Pond Estates subdivision. The street trees planted are smaller in caliper than the development regulations require. The developer agrees to maintain the trees for at least of 3 years to assure healthy growth and replacement as needed. ~Ainier ~enerAl development ~/nc. P.O. Box 627 Rainier, Washington 98576 (360)446-3083 January 25, 2005 City of Yelm PO Box 479 Yelm, WA 98597 RE: Mill Pond Estates City of Yelm Project No. SUB-04-8358-YL We hereby agree to create an assignment account of $1500.00 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-04-8358-YL, Mill Pond Estates, for a period of 3 years. Sincerely, .~~~ ~~~ gas R~BI~ Prt, RGD, Inc. Hailer's Landscape s~ Design, Inc. Invoice P.O. Box 58 Tenino WA 98589 Number. 1668 (360) 264290 Date: December 11, 2004 BIII To: Ship To: Rainier General Development P.O. Box 627 Rainier, WA 98576 Mill Pond Yelm, j PO Number I Terms ~ Sales Rep Sales Territory Ship Via j Code j i ~ Doug I Upon receipt i Jim Install ~ 3407 Date Description Quantity Price Tax 1 i Amount 10 December 2004 !Install Street trees 96.00 I 100.00 ~ ~ 9 600 00 i I I 6~ ~ ~~ ~ 1i~~ ~ ~~ ~3n~s ~ ~ ~ °` D~ , ~~ ~D,~-I Thank You I i '`~ ~ I i' ~ i ~ I ~ I I i ; I ' ~, sub-Total j 59,600.00 Sales Tax 8.40% on 9,600.00 j 806.40 Total I :10,406.40 ~ 0 - 30 days 31 - 60 days 61 - 90 days > 90 days Total i $10,406.40 $0.00 $0.00 $0.00 I $10,406.40 ~ ~ ~ f i ~" f T"EP x' CITY OF ~~= YELM ~~~_ F~ ~;,.-~~~ p /'~ 3 5118 V'~ ~j'.~ 7n^q- RLis~~~ ~ x`;1:7. YEL~ 3n q~_oq .3 , i~~l:C~~i ~~ ***ONE THOUSAND FIVE HUNDRED DOLLARS & 00 CENTS RECEIVED PRO's RAINIER GENERAL DEVELOPriENT P.0. BOX 627 RAINIER. WA 98576 446-3083 CATE REC. ti0 A~1O:.!tiT _ . ^i0. 01/28/05 35118 1.500.00 CHECK 32713 MISCELLANEOUS RECEIPT GRETCHEN 24ILL POND ESTATES City of Yelm Invoice No. CDD-05-0117 Community Development Department INVOICE - ~.uswnicr Name Rainier General Development/Doug Bloom Address P.O. Box 627 City Rainier State WA ZIP 98576 Phone Date 1/24/2005 Order No. Rep Mill Pond Est I FOB SUB-03-8358-YL Item ~ Description Unit Price TOTAL ~, 1 Water Latecomers Fee '] (5 $1,121.75 $1,121.75 1 I Sewer Latecomers Fee SSU`~ $965.25 $965.25 3 ~ Irrigation Meters cLD $300 '7iy- $300.00 $900.00 1 I i I Engineering and Inspection Fees r ~~ $4,050.00 $4,050.00 SubTotal $7,037.00 Payment Details Shipping & Handling $0.00 O Cash Taxes WA O Check O TOTAL $7,037.00 ..Office Use Only i ~ ~ .~;` i I~~ ~(1 ,~ ~ City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU ~~~~~ ~~ ; -,~ s -~ ~ ~ ****SEVEN THOUSAND THIRTY SEVEN DOLLARS & 00 CENTS RAINIER GENERAL DEV INC 01/25/05 34871 7.037.00 CHECK 32705 PO BOX 627 RAINIER. WA 98576 CDD-05-0117 MISCELLANEOUS RECEIPT DIANA W/LATECOMMERS 1121.75. S/LATECOMMERS 965.25. IRRG METER 900.00 ENG/INSP FEE 4050. s~°~T~a Cit o Yelm y L STAFF REPORT WASHINGTON To: Mayor Adam Rivas Yelm City Council From: Tami Merriman, Assistant Planner Date: January 18, 2005 (for January 26, 2005 City Council Meeting) Subj: Mill Pond Estates Final Plat Recommendation Staff recommends City Council approve the final plat for Mill Pond Estates, SUB-04-0216-YL. Background The Yelm Hearing Examiner approved, with conditions, a preliminary plat for the above referenced project on April 8, 2004. The project has finished construction, and the applicant has filed a complete application for final plat. Current Situation Staff has reviewed the plat for compliance with the conditions of approval placed on the preliminary plat. Staff is satisfied that the final plat meets all conditions of the preliminary approval. 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'o i $ ~~g o ~ ~ v ~ o v ~, o~e°LzJ ~vm c m n I ~ ~ a m $ x $ 'TJ ~, $ O ~~~~a vz n c g A i~ g~ °a N g o i i ''C i I ~z$~tp sea ~ n I ~ ~ u s e i i ~ i ~ m~~ ogz g ! ; ~~ ~ ~ ~' m m ~ yy° v z ~ ~ I I ~ I I N V ~ ~ A Y O N N N N 8 S g $ N N ti O FIVE THOUSAND EIGHT HUNDRED FIFTEEN DOLLARS &r79 CENTS - ~aT` r~~.NG a,~~e~~~, 32638 '' `~"`"'l' 01 / 13/05 34580 25 .815.79 CHECK ;NERAL DEVELOPMENT i27 ~A 98576 MISCELLANEOUS RECEIPT JANINE - _- ---- 6B ~,L11~~ ~~~~~~~ ~O, ~._.,1-a a,~ ; rrom: nVm[ r~ io. vvuy owvni ~~' ~:~- ~~ .GI'I'Y-OF YELM C ~--==~ Utility Local Improvement District No. 1 ~l, ~= i PAI ~a~ ~ 3 Maio ®F YELM ASSESS1111ENT'INFORMATION Account Number: 01-1468 Assessment: $36,463.00 Property Owner: Rainier General Development Inc. Interest Rate: 6.20% Situs Address 205!207 Mill Rd SE Term (years): 15 Tax Parcel Number: 21725110502 Late Penalty: 12.00% ESTIMATED AMORTIZATION SCHEDULE Due Date Installment Principal Interest Total Due End Balance 10115!2005 6 2, 430.87 1, 507 1 A 3, 938 01 21, 877 78 10! 1512006 7 2, 430.87 1, 356.42 3, 787.29 19, 446.91 1011512007 8 2,430.87 1,205.71 3,636.58 17,016.04 10/15/2008 9 2,430.87 1,054 99 3,485 86 14,585 17 1011512009 10 2,430.87 904.28 3,335.15 12,154.30 10/1512010 11 2,430.87 753.57 3.184.44 9,723.43 10115/2011 12 2,430.87 602 85 3,033 72 7,292 56 10/15/2012 13 2,430.87 452.14 2,883.01 4,861.69 1011512013 14 2,430.87 301.42 2,732.29 2,43 10115!2014 15 2,430.82 150 71 2:581 53 0 00 $24,308.65 $8,289.23 $32,597.88 -PRE-PAYMENT-QUOTE Principal Balance: S24,308.65 Please remit payment to: Next Interest Payment: 1,507.14 City of Yelm !LID Administration Delinquent Interest 0 00 PO Box 479 WA 98567 Yelm Penalties 1 Costs: 0.00 , PAYMENT IN FULL: $25,815.79 Quote valid through: Oct. 15, 2005 This quote is valyd only through the date indicated. To permanently remove this lien please pay fhe amount shown as Payment m Full Questions should be directed to Public Finance at (425) 885-f 604. Jan 06 05 05:02p RGD Inc. (3601446-2972 p.l ~~ S-rATES OF ASE ,~- ~ . _ ~~,~ STaTp o~ o ~~ , ~~ ~ .~((`~ < 2 ~N~ WJ1 ^~ yQ 0 ~_~'~ 1889 a ~1 e secretary o~ state I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to MILL POND ESTATES HOMEOWNERS ASSOCIATION a/an WANon-Profit Corporation. Charter documents are effective on the date indicated below. Received JAN 0 7 2005 ~~~ STATE p~ :- ~ •,, Z. p ~p ~"~~ ~` 'p' Q, ~ W `,~ '~ ~ ~~~ y 0 ~`Z I8 89 ~ Date: 1/6/2005 UBI Number: 602-460-881 APPID: 210908 Given under my hand and the Seal of the State of Washington at Olympia, the State Capital Sam Reed, Secretary of State ~A~n~er ~jenerAl development ~Jnc. P.O. Box 627 Rainier, Washington 98576 (360)446-3083 January 4, 2005 City of Yelm PO Box 479 Yelm, WA 98597 Attn: Tami Merriman Re: Mill Pond Estates SUB-03-8358-YL Summary of Conditions Tami, We have met the Conditions of Approval as follows: 1) Curb cuts placed accordingly 2) Shown on Final Plat 3) Completed per approved construction plans 4) Completed per approved construction plans 5) Completed per approved construction plans 6) At time of building permit 7) Completed per approved construction plans -Paid 8) Completed per approved construction plans 9) Completed per approved construction plans 10) Completed per approved construction plans -Paid 11) At time of building permit 12) Completed per approved construction plans 13) Completed per approved construction plans 14) At time of building permit 15) Done and Approved 16) Done per approved agreement 17) Completed per approved construction plans 18) Completed per approved construction plans 19) Completed per approved construction plans ZO) Completed 21) Completed 22) Completed per approved construction plans If you have any questions please give me a call. Sincerely, Douglas R. Bloom President, RGD, Inc. ~~GEOMATICS -~2SSZ~~i LAND SURVEYING cv 2000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND cs26s> FAX: 360-400-5264 AUTHORIZATION FOR PROFESSIONAL SERVICES I, City of Yelm, do hereby authorize Geomatics Land Surveying to perform work, as described below, on the following parcel of land. •LOCATION OR DESCRIPTION: Parcel No. 21725110502. •WORK TO BE PERFORMED: Review and comment for Mill Pond Estates, City of Yelm Case No. SUB-04-0216-YL. •AT TIME AND MATERIALS (T&M): Authorized overtime at $127.50 per hour. •~r TR1lT\JTl7ER Rainier General Development PROPERT 1' O`•~'1tiTER: Rainier General Development •S i~ R v E`•t'OR: E. True and Associates •ENGINEER: 2M Enterprises •CL,IENT~ City of Yelm Community Development Department Attn: Grant Beck - director PO Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 Fax Fnrac• The undersigned agrees to pay the amount due upon receipt of the invoice. Interest of one and one-half- percent (1-I/2%) per month will be charged on thirty (30) day overdue accounts. If payment is not received or other arrangements made, within sixty (60) days of the last project workday, a lien will be filed or contract will be assigned to collection, with collection fees due in addition to amount owed. N4 ~C Dennis Date 1 ~3 ~~°os f- -Community Development Department - Director ~i~iV . ~J, ~ S drb@geomaticslandsurveyi ng.com vvwrw.geomaticslandsurveying.com !r,!!GEOMATICS i~~i!%.i LAND SURVEYING ~2pOp 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND cs2es~ FAX: 360-400-5264 January 3, 2005 City of Yelm -Community Development Department Attn: Grant Beck -Director PG Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 Fax Re: Contract for review and comment of Mill Pond Estates, SUB-04-0216-YL. Geomatics Job No.: 1244 i)ear ~~ir, ifrant; Please find enclosed an Authorization For Professional Services to review and comment - w .~~„ nT Tn .,, ~ ITT o~~ ~v~~ir Poiid Estates, ~ ~ n- - ~ i a- r i,. Should you choose to proceed with the proposal, please sign the Authorization. Have the signed Authorization delivered to Geomatics, P.S., Inc. We have added a copy of the Authorization for your convenience. if yvia iiavl: atty tiLt%sttvtis or dcslrc addtttJIlal itifortilatton plcaSl; t:tDtita(:t tiiC. Thank you for allowing Geomatics, P.S., Inc. to prepare this professional service proposal foe you. Sincerely, Geomatics, P.S., Inc. ~,~~~ Dennis Baker, PLS Director drb@geomatialandsurveying.com www.geomaticsla ndsu rveyi ng.com ~~ ~GEOMATICS ~~-5-+~~~.~ LAND SURVEYING O200p 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 • 360-400-LAND (szes~ FAX: 360-400-5264 January 3, 2005 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Review and comment for Mill Pond Estates, SUB-04-0216-YL. Geomatics' Job No.: 1244 Dear ~~1r. Beck: I have completed my first review of the abovementioned plat dated December 28, 2004 by the surveyor. Attached, please fmd an original copy of the plat, sheets 1 - 3, with my "red-line" comments. These "red-lines" request additional information and edits. I have also included an original copy of the lot closures. The closure report for Tract A Storm did not include the course highlighted on said plat. With the plat, I received a copy of the First American Title Insurance Company's Subdivision Guarantee Order No. 4299-302530. The legal description of the plat is consistent with the description of said Subdivision Guarantee. The plat however refers to Order No. 4299-486559. I did not receive copies of the documents listed under Record Matters, on page 3 of the Subdivision Guarantee. Therefore, I can not attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. I did not review sheet 1 of the plat, except for the Legal Description. It may be beneficial to iiavo the City Attorney review said sheet. I have enclosed Invoice #350 for the amount of $382.50 for professional services rendered. If you have any questions or desire addition information please contact me. Thank you for allowing Gcotnatics, 'r'.5., iiic. to provide this professional service. Sincerely, Geomatics, P.S., Inc. ,~,e~~ Dennis Baker, PLS Director drb@geomaticslandsurveying.com www.geomaticslandsurveying.com Geomatics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Invoice Date Invoice # 1/3/2005 350 P.O. No. Terms Geomatics No. Due on receipt 1244 Item Description Hours Rate Amount Overtime Authorized overtime to expedite Peer Review of Mill Pond Estates, SUB-04-0216. 3 127.50 382.50 Thank you for contracting with Geomatics. P.S., lnc. for your professional surveying needs. Total $382.50 Payments/Credits $o.oo Balance Due $382.50 Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb(u>geomaticslandsurveying.com www.geomaticslandsurveying.com Transmittal Letter To: Company: Dennis Baker Geomatics Land Surveying Date: Re: December 30, 2004 Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Items transmitted for: ® Review and comment ^ As Requested Mill Pond Estates File No: SUB-04-0216-YL Name: Rainier General Development ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-04-0216-YL, Mill Pond Estates, fora 401ot single family subdivision on 10.13 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before January 12, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Thurston County Assessor Date: December 30, 2004 Company: Thurston County Assessor's Office Re: Mill Pond Estates Address: 2000 Lakerid~e Drive SW, Bldg. 1 File No: SUB-04-0216-YL City, St Zip Olympia, WA 98502 Name: Rainier General Development Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-04-0216-YL, Mill Pond Estates, fora 401ot single family subdivision on 10.13 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before January 12, 2005. You may email your comments to Tami Merriman at tamim~a ci.yelm.wa.us. Signed: Roberta Allen Community Development Administrative Assistant I~ ~~ ~ ~ ~~9~~ ~ - l~~C~ ~ C~ T~~c ~ ~~ ..~e ~~ ~ ~ r 2~S ~ jz l~~ ,-- ~~~ ~ C~~ ~~v ~~~ has ~ y~o~~ Dec 30 04 12:32p RGD Inc. Form No. l4 Subdivision Guarantee ~a~"`-- z ..a , - ~` - ' =" Issued by (3601446-2972 p.l Guarantee No.: 4299-302530 First American Title Insurance Company Bell Towne Centre, 4200 6th A venue Southeast Suite 201, Lacey, WA 98503 Title Office; Randy Hudson Phone: (360) 491-1606 FAX; (360) 352-7417 firsr~9meican Tit/e Dec 30 04 12:32p RGD Inc. (3601446-2972 p.2 Fwm No. 1~ subdivision Guarantee (4-1o-75) Guarantee No.:4299-302530 Page No.: 1 +b< aNi~~ C a i '~ ~g First American Tit/e Insurance Company Bell Towne Centre, 4200 6th Avenue Southeast Suite 201, Lacey, WA 98503 (360) 491-1606 - FAX (360)352-7417 Title Team Five (Thurston/Mason) Fax No. (253) 671-5816 Doreena Baird Ken Wilson Randy Hudson (360)491-1606 (253)671-5815 (253)671-5814 dbaird@firstam.com lcwilson@firstam.com rhudson@1Firstam.com SUBDIVISION GUARANTEE LIABILITY $ 1,000.00 ORDER NO.: 4299-302530 FEE $ 200.00 TAX $ 16.80 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. GUARANTEES Rainier General Development herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 19, 2003 at 7:30 A.M. First American T/t/e Dec 30 04 12:33p RGD Inc. (360)446-2972 p.3 Form No. 14 Subdlvislon Guarantee (4-30.75) SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Guarantee No.: 4299-302530 Page No.: 2 Rainier General Development, Inc., a Washington Corporation B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documentr affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions In patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: Lot B of Boundary Line Adjustment No. 6LA03-8344YL as recorded July 31, 2003 under Recording No. 3557667 and 3557668, in Thurston County, Washington, APN: 21725110502 tirstAmencan 17Ce Dec 30 04 12:33p RGD Inc. (3601446-2972 p.4 Form No. 14 Guarantee No.: 4299-302530 Subdivision Guarantee (4-10-75) P/a~ge No.: 3 RECORD MATTERS: ~LL~ ~-Vi( F~~irJl~~-r~ ~ ~'~C.t..~~(/t.l~i~J T~S i~~T~ t"~1:~~1 t Df~~ 1. Deed of Trust and the t Grantor/Trustor: Grantee/Beneficiary: Trustee: Amount: Recorded: Recording Information: erms and conditions thereof. Ranier General Development, Inc., a Washington corporation Linda Spain, as her separate estate Stewart Title $ioo,ooo.oo August 12, 2003 3562039 2. Easement, including terms and provisions contained therein: Recording Information: 40527 For: Pole privilege 3. Easement, including terms and Recorded: Recording Information: In Favor Of: For: provisions contained therein: June 18, 1926 167933 Puget Sound Power and Light Company, a Washington corporation Electric transmission and/or distribution system 4. Right to make necessary slopes for cuts or fills upon said premises for Road as granted by deed recorded February 10, 1982 under recording no. 8202100061. 5. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468"" Recorded: July 16, 1993 Recording No.: 9307160018 6. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 468"" Recorded: November 16, 1993 Recording No.: 9311160098 7. The terms and provisions contained in the document entitled ""City of Yelm Ordinance No. 607"" Recorded: September 3, 1998 Recording No.: 3176833 8. Terms, covenants, conditions and restrictions as rnntained in recorded Lot Line Adjustment (Boundary Llne Revisions): Recorded: July 31, 2003 Recording Informaton: 3557667 and 3557668 INFORMATIONAL NOTES A. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110100 Code Area: 170 Amount: ; 725.28 Assessed Land Value: ; 53,750.00 F/rst Ameti[an T/tle Dec 30 04 12:33p RGD Inc. (3601446-2972 p.5 Form No. 1~ Subdivision Guarantee (410-75) Assessed Improvement Value: $ 0.00 B. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110200 Code Area: 170 Amount: # 199.17 Assessed Land Value: $ 13,400.00 Assessed Improvement Value: $ 0.00 C. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110300 Amount: $ 479.62 Assessed Land Value: $ 35,000.00 Assessed Improvement Value: $ 0.00 D. General taxes for the year 2003, which have been paid. Tax Account No.: 21725110500 Amount: $ 768.03 Assessed Land Value: $ 56,950.00 Assessed Improvement Value: $ 0.00 Guarantee No,:4299-302530 Page No.: 4 Said amounts were for the entire plat of Boundary Line Adjustment No. BLA03-8344YL consisting of 4 Lots and Tract(s) (Tax Account No(s). for Lot(s) B is/are 21725110502). E. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. FirsYAmeritan Title Dec 30 04 12:34p RGD Inc. (3601446-2972 p.6 . Form No. 14 Guarantee No.: 4299-302530 Subki'rvision Guarantee (4-1o-75) Page No.: 5 SCNFDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE 1. Except to the extent that spedflc assurance are provided In Sdredule A of this Guarantee, the Company assumes no Nabipty for loss or damage by reason of the folowing: (a) DefecU, liens, encumtxances, adverse Balms or otl>er matters against the tick, whether or not shown by the pubNC records. (b) (1) Taxes or assessments of any taxing authority that kyles taxes or assessments on real property; or, (2) Proceedings by a pubNc agency whkh may result In taxes or assessments, or notices of such proceedings, whether w cwt the matters excluded under (1) or (2) are shown by the records Ot the taxing authority or by the publk records. (c) (1) Unpatented mining Balms; (2) reservatlons o- exceptlons In patents a in Ads authorVJng the issuance tiiereof; (]) water rights, Balms or tick to water, whether or not the matters excluded under (1), (2) or (3) are shown Dy the publk records. 2. NotwRhstandmg any spennc assurances which are provided in Schedule A of this Guarantee, the Company assumes no )lability for leas a' damage try reason of the following: (a) Defects, I'~ens, encumbrances, adverse dakns or other matters affecting the title to any property beyond the Ikres of the land expressly desatbed In the desaiptbn set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to whkh such land abuts, or the right to malnWin therein vauks, tunnels, ramps, or any structure or kprovements; or any rights or easements therein, unless wch properly, rights or easenxsrits are expressly and spedflcally set forth In said desvlpdon. (b) Defects, )lens, 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 resale M no lass to the Assured; or (3) which do not result In the invalidity or potential Invalidtyy of any judldal or non Judicial proceeding which Is within the scope and purpose of the assurances provided. (c) The identlty of any party shown or referred to in Schedule A. (d) The validky, legal effect or prbrlty of any matter shown or referred to In tMs Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Tenors. The folbwing terms when used In the Guarantee mean; (a) the "Assured": the party or parties named as the Assured in this Guarantee, Or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Sd~edule (A) (C) or in Part 2, and improvements affixed thereto whkh by law constitute real property. The term "land" does rwt include any property beyond the Imes of the area described or referred to in schedule (A) (C) or in Par[ 2, nor any right, tide, 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) "publk records" records established under state statutes at Date of Guarantee for the purpose of imparting rnnstructlve notce of matters relating io real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant An Assured shall notify the Company promptly In writing in case knowledge shall come to an Assured hereunder of any daim of title or Interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. [f 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 b 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 tfie failure and then only to [he extent of the prewdlce. 3. No Duty to Defend or Prosekwte. The Company shall have no duly to defend a prosecute any action or proceeding m which the Assured Is a party, notwithstanding the nature Of any allegatlon In such action or proceeding. ~. Company's Option to Defend or Prosecute Aetions; Duty of Assured Claimant bo Cooperate. Even though the Company has no duty to defend ar prosecute as set forth M Paragraph 3 above: (a) The Company shall have the rpht, at Its sole option and rnst, to Institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which In Its oplnkm may be necessary or desirable to establish the the to the estate or interest as stated herNn, or to establish the )ten 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 k shah be Nabk hereunder, and shall not thereby concede )lability or waive any provlsbn of this Guarantee. if [he Company shall exerdse Its rights under this paragraph, K shall do so diligently. (b) If the Company elects to exercise KS options as stated In Paragraph 4(a) the Company shall have the right to select counsel of its dx>ice (subject to the right of such Assured to object for reasonable rouse) to represent tlx Assured and shall not be liable for and wIN not pay the fees of any other counsel, nor will the Company pay any fees, costs Or expenses incurred by an Assured In Me 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 arty litlgatlon to final detenninatlon by a court of competent Jurisdiction and expressly reserves the right, In Its sole disr7edon, [o appeal from ~ 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 Comparry 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 N1 any action ar proceeding, securing evidence, obtaining witnesses, prosecutlng or defending the action or lawful act which in the opinbn of lire Company may De necessary or destrabk to establish [he tick to the estate or interest as stated herein, or [o establish the Nen rights of the Assured, if the Company is prejudiced by the (allure of the Assured to famish the required cooperatlon, the Company's obligatbns to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In additlon to and after the notices required under Section 2 of these Condkbns and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn [o by the Assured shat be famished to the Company wkhln ninety (90) days after the Assured shall ascertain the fads giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee whkh constitute the basis of loss or damage and shall state, to the extent possible, the bases of calculatlng the amount of the loss or damage. If the Company Is prejudiced by the failure of the Assured to provide the required proof of bss or damage, the Company's obligation t0 such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submY[ to examination under oaM by any authkxlzed rcpresentati~+ of the Company and shah produce for examination, Inspection and rnpying, at such reasonable times and places as may be designated by any authorized rcpreserKaCNe of the Company, as records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Oate of Guarantee, whidr reasonably pertain to the bss Or damage. Further, If requested by any authorized representative of the Company, the Assured shall grant Its permission, In writing, for any authorized rcpresentatHc of the Company to examine, Inspect and copy aN records, bkx*s, ledgers, checks, rorrespondence and memoranda In the custody or control of a thlM party, which reasonably pertain to the !ASS w Damage. All Mfonnadon designated as confidentlal by the Assured provided to the Company, pursuant t0 this Section shall not be disclosed m others unless, In the reasonable judgment of the Company, k Is necessary In the admktistration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested Informatlon or grant permission to secure reasonably necessary In/orma[ion from third partles as required k the above paragraph, unless prohldted by law or governmental regulation, shall terminate any IIabINty of the Company under this Guarantee to the Aswred far that daim. form No. 1282 (Rev. 12/15!95) lust Ameripn Title Dec 30 04 12:34p RGD Inc. form No. 1~ Subdivision Guarantee (4-10.75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. ]n case of a claim urWer this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Uablllty or to Purchase the Indebtedness. The Company shall have the opton to pay or settle or compromise for or In the name of the Assured any daim which could resale in loss to the Assured wkhln the coverage of this Guarantee, Or to pay the full amount of this Guarantee or, If this Guarantee rs Issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the Indebtedness secured try said mortgage or said lien for the amount owing thereon, together wkh any costs, reasonable attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up [o the time of purchase. Such purchase, payment or tender of payment of the fug amount of the Guarantee shall terminate all 9abilky of the Company hereunder. In the event after notice of daim 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 purdrase puce. Upon [he exercise by the Company of the optlon provided for to 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, induding any obligation to continue the defense or prosecution of any Iitgation 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 WRh Partles Other Than the Assured or With the AsSUred Claimant To pay or otherwise settle with other parries for ar in the name of an Assured claimant any clalrn Assured egainst under this Guarantee, togetlxr 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 exerdse by the Company of the optbn provided for In Paragraph (b) the Company's obligatlon to the Assured under this Guarantee for the claimed bss o- damage, other than to make the payment required In that paragraph, shall terminate, indud'mg any obligation to continue the defense or prosecution of any litlgadon for which the Company has exeresed ks options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnify against actual monetary loss or damage sustained or Incured 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 wbject t0 the Exclusions From Coverage of This Guarantee. The Uabiliry of the Company under this Guarantee t0 the Assured shall not exceed the least of: (a) [he amount of Hablllry stated In Xheduk 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 Sed.ion 6 of these Condltlons and Stlpuladons or as reduced under Sectlon 9 of these Condkions and Stlpulatlons, at the time the foss 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. 0. Limitation of Liability. (a) If the Company establishes the tltle, or removes the alleged defect, lien or encumbrance, or cures tiny other matter Assured against by this Guarantee In a reasonably diligent manner by any method, including Iltigatlon and the completion Of any appeals therefrom, K shall have fully performed Its obligations with respect [o that matter and shall not be liable for any loss or damage caused )hereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have n0 9ab9ity for loss or damage until there has been a final de[ernlnation by a court of competent jurisdictlon, and disposition of all appeals therefrom, adverse to the tltle, as stated herein. (360)446-2972 p.7 Guarantee No.: 4299-302530 Page No.: 6 (c) The Company shall not be liable for kiss or damage to any Assured for IlabllilY voluntarily assumed by the Assured in settling any cWlm Or salt 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 Ilabilky pro Canto. 10. Payment of loss. (a) Na payment shall be made without produclng this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, In which case proof of bss or destruction shall be furnished to the sattsfactlon of the Company. (b) When liability and the extent of lens or damage has been definitely axed M aaordance with these Condltlons and Stipulations, the loss or damage shall be payable wkhin thirty (30) days thereafter. li. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a daim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured daimanL 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 daim 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 subrogaton. The Assured shall pennk the Company to sue, compromise or settle le the name of the Assured and to use the name of the Assured in any transaction or Ikigadon InvoHing these rights or remedles. 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 remedks of the Assured after the Assured shall have recovered ks prindpal, Interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable taw, either the Company or tlx Assured may demand arbitration pursuant to the T1tle Inwrance Arbitration Rules of the American Arbitration Assoclatlon. Arbitrable matters may includ¢, but are not Nmfted to, any controversy or daim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in conned9on with Its Issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount Of l.iablllty b 51,000,000 or less shall be arbitrated at the option of eRher the Company or the Assured. AU arbitrable matters when the amount of liability is In excess of ;1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules In effect at Date of Guarantee shall be binding upon the parties. The award may Include attorneys' fees only If the laws of the state In which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbkrator(s) may be entered h any court having jurisdiction thereof. The law of the sltus of the land shall apply to an arbitration under the Tide Insurance Arbitratlon Rules. A copy of the Rules may be obtained from the Company upon request, 13. Liability Limited bo This Guarantee; Guarantee Entiro Coatzact (a) This Guarantee together with a9 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 small be construed as a whole. (b) Any daim of oss or damage, whether or not based on negligence, or any action asserting such daim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee an 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 validatlng offker or authorized signatory of the Company. 14. Notices, Where Sent. All notkes required to be given the Company and any statement In wrltlng required to be famished the Company shall Include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Sang Ana, CA. 92707. Farr No. 1292 (Rev. 11/[5/95) Firs) Ampn~an TiNo / OF ?HE A~Q~ a~ ~_ Ci o Yelm a ~+ 105 Yelm Avenue West P.O. Box 479 YELMaTON Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Company: Address: City, St Zip: Date: December 29, 2004 Re: Mill Pond Estates File No: SUB-04-0216-YL Name: Rainier General Development Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find project information for Case Number SUB-04-0216-YL, Mill Pond Estates, fora 40 lot single family subdivision on 10.13 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before January 18, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider ~-= Please print, sign and return to the Department of Ecology Water Well Report .......,....... ~ -Eco1nCY, ld eopp -onDBr. 'nd COPY- dn'Oer 'e'i'i`~ i'a t Constrnction/Decommission ^ Construction Decommission ORIGINAL INSTIILLATIONNattce oflntl?nt Number Cnrrrmt Notice ofIntentNo. A49250 Unique Ecology Well ID Tag No. DuA Water Right Permit No. EXEMPT WELL Property Owner Name RAINIER GENERAL DEVELOPt~NT Well Street Address 205!207 MII.L ROAD SE (ILL POND ESTATE) PROPOSED USE: mDomatic Inb~strial ^ Muoidpal ^DeWater ^ Inigatioa ~ Test Wdl ^ Olher C¢y YELM Cp,~ty THIIRSTON - 17f g lE ~M / ~ 1/4 ~ 114 S 25 T X1/4 i TYPE of wO1tK: owner's member of wdi (if mote wan me) ^ Newwell ^RerAnditioned hahthod: ^ Dug ^ Bored ^ Driven ^Deepened ^cable ®Rorary ^Jetted , wn ec - Locat oa - - - wwnrt one Lat/Lon s T Lat D Lat 11din/Sec g t ,k ~ DA~NSIONS Diameterofwdl~ inches, drilled R Depwofmm{ietedvicell 21 tt still REQUIltID } Long Deg Lang Min/Sec CONSTRUCTION DETAII.S 9 to 20 S ®Wdded ~= Diam fmmQ si C Tax Parcel No. 21725110502 . . _ as oQ InsKtled: ~Lineriastalled Diamflom fl-w fl. Thtmded Diam. from R to R CONSTRUCTION ORDECONIlVIISSIONPROCIDURE d st cbae aal the kind and t ri l ib b l h t i f i D Paforatio~ Yes No Typeofperfo:atorused . ma e a an m e y co or, c arac er, s ze o Format on esa nauae of we material in each stratum pendrattd, wiw at leazt one entry for each change of informatioaiadirateallwatrtencountered. (USE ADDITIONALSHFETSIFNECESSARY.) SIZEofpafs_ia.b9-iaandno.ofperfs_from_$.1o_ti. MATERIAL FROM TO Serromc: ^ Yes ^ No ^ K-Pac Loeatim PACKED WITH GRAVEL Mam~zue's 2~ PULLED 3' PIPE 18' DEEP Type Mudd No. R to ft fr e i Sl om s ze o Diam Diam Slot siu from ft to ft BROWNFII~ TO A®IUM SAI~IDY GRAVEL. 0 GravellFfltapaelad: ^ Yes No ^ Sim of gravdlsand COBBLES. LOOSE. DRY 15 M~~S P~ from ft to ~ BROWNMEDNM SANDY GRAVEL. COBBLES, 15 Smiaee Seat : ^ Yes ^ No To ad7at depth? R LOOSE, WET 21 Material usedin seal Did a~ drata cmtaia uauable wateC.r ^ Yes ^ No DRILLED 6' DOWNTO 21 FEET AND FII.LID Type ofwatdt Depth of strata WITH BENTONITE AND PULLID OUT 6' Method of seating strata ofP CASING. PUMP: Manufacttue~'s Name Type: ~~ DECOMMISSIONED INACCORDANCE WITH wATERLEVII.S: Land-suTacedevatioaabovemeaasealevd 8. PERWAC 173-160-381 Staticlevd ft bdowtop ofwdl Date SECTION 1 SDBSECTIONB Artesian pressure lbs. persquase inch Date Artesian cater is cmfrolled by ra ,valve, etc t ti l d l di l dbd m ev oaoere ows a c mmttwtc ev s wELLTESfS: Drawdawaisa h 7 ^N If b ^Y ya om o yes, Wasapumptestmade? es wiw ft dtawdownaRer hrs hma eld: ¢al Y . . . i Yield rmi./mia. wiw ft drawdowaafter hrs. Yield gal./min. wiw ft. drawdownafter hrs. 1~muay d~a tltma tolam m zero when punp i~rrado,~ (wotar !ma¢l mamyaed from w¢11 ii w~a•lavel) io p Tmx WaterLevd Time WaterLevd Time WaterLevd Date oftest Hailertesl galJmia wish ft drawdown a8er hrs. wiw stem sd at $ Sor hrs. Airtest gallmin . Arttsaa flow ap.m Date Temperapaeofwater Waza dlemiral aaalysismade7 ^ Yes ^No Start Date 8!26!04 Canplet etl Date 8!271 04 WELL CONSTRIICTION CEBTIFZCATION: I constructed andlor accept responsibility for conshvction of this well, and-its compliance with all Washington well co~h~uctioa standards. Materials used and the information reported above arc hue to my best knowledge and belief. DsillerlFaginern`Traiaee Name (Print) ROGE Y P Drilling Compaq ARCADIA DRII.I.ING INC. DrillerfE~aarlTraiaeeSigoaUre ~ Address PO BOX 1790 DcillerortraiaeeI.iaaseNo. 2053 City, State, Zip SHELTON WA 98584 IfTRAIIVEE Cordrador's DrIDer'eI,iomrdNe. Registration No. ARCADDI098R1 Date8f30104 DrIDer'c ~ Ewlogy is as Equal Oppommity Employer. ECY 050-1-20 (Rev Z03) Form No. 14 Subdivision Guarantee Issued by Guarantee No.: 4299-302530 First American Title Insurance Company Bel/ Towne Centre, 4200 6th A venue Southeast Suite 201, Lacey, wA 98503 Tit/e Officer: Randy Hudson Phone: (360) 491-1606 FAX,• (360) 352-7417 First American Tide Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4299-302530 Page No.: 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining daims; (2) reservations or exceptions in patents or in Ads authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters exduded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS i. Definition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such ad:ion or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at Its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not ft shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, tt 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 arty other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and 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. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of Toss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, insped7on and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant Its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, corespondence 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 Sed:ion shall not be disclosed to others unless, in the reasonable judgment of the Company, ft 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 thiri 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. Fore No. 1282 (Rev. 12/15/95) Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With 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, attomeys' 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, incuding any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein, Guarantee No.: 4299-302530 Page No.: 6 (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, attomeys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 10. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. ii. 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 ad 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 controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Gompany. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 1ZJ35/95) First American Title