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Final Plat Review~~~f Tip City of Yelm ~' Community Development Department 105 Yelm Avenue West P.O. Box 479 YELM Yelm, WA 98597 WASHINGTON September 9, 2005 Doug Bloom Mustang Development LLC 7822 Hwy 99 SE Olympia, WA 98501 Re: Comments for Burnett Estates Final Plat Application -SUB-04-0218-YL Dear Mr. Bloom: The City has completed its initial review for the above referenced final plat application. There are some items that need revisions. For the items that need changed or corrected, I am sending you back redlined originals. 1. Survey review comments: In addition to the corrections required by the reviewing surveyor in his letter, we have included our redline comments on the plat map. Please be sure to correct all items. When you submit your revised plans, please include 3 copies of the full size plat, one 11" x 17" copy, and a mylar set for recording. RETURN ALL REDLINED COPIES. 2. Assigned Savings letter and check for $1,500.00 3. Survey review fees in the amount of $297.50 4. Homeowners Association CCR's minor editorial changes 5. Stormwater Agreement minor editorial changes The above listed corrections must be completed and returned to the City, with all fees paid no later than Friday, September 16, 2005 to be considered by the City Council on Wednesday, September 28, 2005. If you have any questions, please contact me at (360) 458-8496. Questions regarding the surveyors' comments can be directed to Dennis Baker, (360) 400-5263. Sincerely, Tami Merriman Assistant Planner cc: Grant Beck, Community Development Director Jim Gibson, Development Review Engineer (360) 458-3835 (360) 458-3194 FAX www.ci.yelm.wa.us Tami Merriman From: Denise Martin [Martindd@co.thurston.wa.us] Sent: Friday, September 09, 2005 1:40 PM To: Tami Merriman Subject: REVIEW BURNETT ESTATES 1. We will need a recorded deed for Tracts A & B in the Homeowners Assn. 2. All current and advance tax will need to be paid. 3. This Plat's prefix will be 3783 Otherwise the plat looks good. Thank you Denise Martin Thurston County Assessors Office Senior Property Controly Analyst ~GEOMATICS i+~i!-~~i LAND SURVEYING 02000 703 Yelm Ave. W. PO Box 2550 YELM, WA 98597-2550 360-400-LAND ~sz6s~ FAX: 360-400-5264 City of Yelm September 9, 2005 Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Review and comment for Burnett Estates, SSUB-04-0218-YL. Geomatics' Job No.: 1322 Dear Mr. Beck: We have completed our review of the abovementioned plat dated August 25, 2005 by the surveyor. You will find enclosed an original copy of the plat, sheets 1, 2 & 3, with our "red-line" comments and an original set of the provided closure reports. The lot dimensions on the plat correspond with those found in the closure reports. The legal description of the plat corresponds with the description on the provided Thurston County Title Company Order No. G-1103-6690. There are a few minor edits. They are as follows: • Sheet One The City Planner's signature line should read City of Yelm Planner. • Sheet Two In the vicinity of the bottom-left corner of the sheet, "SW CORNER OF THE NW 1 /4 OF THE NE '/4 OF THE SE 1 /4, SECTION 13", should read: "S W CORNER OF THE NW 1 /4 OF THE NE '/4 OF THE S W 1 /4, SECTION 13". Secondly, the scale bar is not to scale. • Sheet Three In the Subdivision of Section 13, the distance 66.58 to the right of the subject site should be 665.58. We did not receive copies of the underlying documents listed under Exceptions in Schedule A of the Subdivision Guarantee. Therefore, we can't attest that all easements, restrictions and/or reservations of record that should be shown on the plat (if any), have been shown. We did not review the Addresses on Sheet 2 of the Plat. Please contact me if you have any questions or desire addition information. Thank you for allowing Geomatics, P.S., Inc. to provide this professional service. Sincerely, Geomatics, PAS., Inc. /~~ d~J~ Dennis Baker, PLS Director drb@geomaticslandsurveying.mm www.geomaticslandsurveying.rnm Geomatics Land Surveying - __ P.O. Box 2550 ~~~.. ""~"°~ ~~ Yelm, WA 98597-2550 .~~ ~z Bitl To Citv of Yelm Communit~• Development Department Grant Beck Director PO Box 479 Yelm. WA 98597 Invoice Date Invoice # 9!9/2005 431 P.O. No. Terms Geomatics No. Due on receipt 1322 Item Description ~`~ ~` Hours Rate Amount Peer Keview Review and Comment for Burnett Estates SUB-04-0218-YL. 3.5 85.00 297.50 i ~~~. ` ,.,/ r ~` r y .~d r , l f, , v J \ \ l~ ~--- 1 All work is complete! Total ~297.so Payments/Credits ~o.oo Balance Due ~297.so Phone # Fax # E-mail Web Site 360.400.LAND(5263) 360.400.5264 drb!u~geomaticslandsurveying.com N~ww.geomaticslandsunegin~,.com .~ RAINIER GENERAL DEVELOPMENT, INC. P.O. BOX 627 PH. (360? 446-3083 FAINTER, WA 985'6 ~G - ~'~ DATE ~ PAY TO THE ~ •-~ v CRDER GF ~ ~- ~ ,~ ~ /o ^ SouthSoundBank,,,; ro.. gyn. hT 3Y.^G '. "v601'~5--2~U u^n ~ ~ q ~,Ru^ ~: L ~ S Ln8 6n 9~:0 1 5000 L 33968 98-860-1251 0 0 S~ o ~~ ~ 7 e m ~~~'"~QOLLARS m A m LL J 7 N ~~ _ ' ~ ~~ DETACH AND RETAIN THIS STATEMENT RAINIER GENERAL DEVELOPMENT, iNC. THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW. IF NOT CO@fl ECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED. ^.'. DEWXE BUSINESS FORMS 1-800 3 28-0304 vmw.oeluxeforms.com DELUXE -FORM DVCB-2 V-6 ea- I oESCRIR-~oN I Ar.~ouNT cISTRIauTlorvs accT Nc nraouNT /~ ,,,~,L / ~~~~ ~" 7 s~ ~~ ~ G ~r~ I EMPLGYEE EARNINGS DEDUCTIONS FGRiOD rO-A~ r TO AL NET FAY E~~~DING I 4ouP5 Aar- Ati,i,Unl? RlveD a- rv=Rr,~. I AND orr;~R EARNINGS , :a. i ~. rr+~c~~,.w ~.NC. *ati .~ ~-F r:coM_ ra, C=RUCTIONS j R L~,1P RA"E !n ~crb •' ~o~ ~ ~ ,p~S~'g~ SaU ~ or/~ (.~dsG'~ .~ t~luuu,~,eMr.~ ~~ ~~ ~f~~.- s~- wP ~ boo ~. ~ ~So~'~ y~do '~ ~"f ~ss~g r~ /~/~ ~ ~S o~ L ,, YELM CHAMBER OF COMMERCE YELM POST OFFICE CITY'S SURVEYOR PO BOX 444 POSTMASTER YELM WA 98597 SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 GRANT BECK CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 CHIEF RITA HUTCHESON THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 BARRYLOMBARD PUGET SOUND ENERGY 3130 SOUTH 38TH STREET TACOMA WA 984095615 TIM PETERSON CITY OF YELM PUBLIC WORKS GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 RENATA IRELAND LEMAY, INC. (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 TODD STANCIL CITY OF YELM POLICE DEPARTMENT JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 LYNN PEARL THURSTON CO ASSESSOR'S OFC 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 Friday, August 26, 2005 Final Plat App I/ ~F THE p~Q~ ~~ ~~ ~~ YELM WASHINGTON To: Interested Parties Items transmitted for: ® Review and comment ^ As Requested City of Yelm 105 Yelm Avenue West P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter Date: Re: File No: Name: August 26, 2005 Burnett Estates SUB-04-0218-YL Rainier General Development ^ For your records ^ Other Enclosed please find project information for Case Number SUB-04-0218-YL, Burnett Estates, for an 18 lot subdivision on 4.81 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before September 9, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant The City of Yelm is an Equal Opportunity Provider Transmittal Letter To: Dennis Baker Company: Geomatics Land Surveying Date: August 26, 2005 Re: Burnett Estates Address: PO Box 2550 City, St Zip: Yelm, WA 98597 File No: SUB-04-0218-YL Name: Rainier General Development. Items transmitted for: ® Review and comment ^ As Requested ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-04-0218-YL, Burnett Estates, for an 18 lot single family subdivision on 4.81 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before September 9, 2005. Remarks: Signed: Roberta Allen Community Development Administrative Assistant Transmittal Letter To: Assessor's Office Date: August 26, 2005 Company: Thurston County Re: Burnett Estates Address: 2000 Lakeridge Drive SW, Bldg. 1 File No: SUB-04-0218-YL City, St Zip: Olympia, WA 98502 Name: Rainier General Development. 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No-+on+ I A~OSrc-1n o minnm vw~zpo I v°yoaz F~mmi°ni., I uni N1^~O m- lnoz o~~zA I omsi.+; I 0 1/1 2 O AFTER RECORDING RETURN TO: Mustang Development, LLC 7822 Hwy 99 SE Olympia ,Washington 98501 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 18 and Storm Area Tract A and Open Space Tract B of Burnett Estates, as recorded in the office of the Thurston County Auditor on day of 20 ,under Thurston County Auditor's File No. THIS DECLARATION IS MADE THIS DAY OF , 20 by MUSTANG DEVELOPMENT, LLC, A Washington limited liability corporation, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH Whereas, Declarants are the owners of certain real property in The City of Yelm, Lots 1 to 18 and Storm Area Tract A and Open Space Tract B of Burnett Estates as recorded in the office of the Thurston County Auditor on day of 20 under Thurston County Auditor's File No. (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. ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Timber Estates Homeowners Association, a Washington non-profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein after described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property including the improvements thereto owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: Tract A, Timber Estates. Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the recorded subdivision map of the Properties with the exception of the Common Areas. 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 18 AND STORM AREA TRACT A AND OPEN SPACE TRACT B OF BURNETT ESTATES, AS RECORDED UNDER AUDITOR'S FILE NO. IN THURSTON COUNTY, WASHINGTON 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 may be 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. 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 may be 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. Si r~is. 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 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 Mining_Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any lot. Section 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 14. Garbage and Refuse Disposal No lot, open space or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for proper disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into or upon public streets, ditches or the adjacent property. The removal and proper disposal of all such materials shall be the sole responsibility of the individual lot owner. All containers for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 15. Dwelling size. The ground floor area of the main structure, exclusive of a one-story open porches and garages, shall be not less than 700 square feet for cone-story dwelling, nor less than 1200 square feet for a dwelling of more than one story. Section 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. The entire house must be painted or stained approved colors. The idea is that colors that are very bright, provocative, or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Timber Estates Homeowners Association. An owner wishing to change the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be reasonably withheld. Section 18. Nuisance. No noxious or offensive activity shall be carried on upon any residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the value of the property of any neighbor or of the neighborhood in general. 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 A and Open Space Tract B 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 Burnett 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 Mustang Development, LLC, (the Declarant or successor) and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease upon the happening of either of the following events, whichever occurs earlier: (A) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (B) on December 31, 2006. Section 4. FHA/VA Approval. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the 6 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, 2006, the maximum annual assessment shall be one hundred dollars ($100.00) per lot. (A) From and after December 31, 2006 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 Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the consent of fifty percent (50%) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. 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 Areas. 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 Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien and such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. 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, Burnett Estates Homeowners Association and/or the owner of any lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed, by the provisions of this declaration; provided however, that the Declarant's right to enforce the provisions of this declaration shall terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this declaration; and provided further, however, that the termination of the Declarant's power to enforce this declaration shall in no way affect the power of any successor, lot owner or the Timber Estates Homeowners Association to enforce the terms and conditions of this declaration. In any action to enforce the terms and conditions of this declaration, the party prevailing shall be entitled to an award of such party's costs, including attorney's fees, against the non-prevailing party for all costs incurred with respect to the enforcement of this declaration. Failure of the Declarant or any such owner or contract purchaser or Timber Estates Homeowners Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. 9 Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this declaration, including the declarants, Timber Estates Homeowners Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) 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. o as Bloom anager ACKNOWLEDGMENT ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the ~J`~f!~ day of ~Gf G u. S T 200 ~ ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~~p~{G ~,~ S ~ QLDoM To me known to be the ~f ~,cl~9 ~ t iC (TITLE(S) of /1~GlSTi4itlG ~EyE CyP~t ~.~lT , L-LC (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. \`~~1t11111/~~/// ~`' ~~~.. ~:. tiY '' ~'`~~~ ~ S' ~ '~ ~; ~~A ~:. otary Public in and for the ~;'z N°~~'~ ~ `=~':~ = State of Washington, residing in .. : o ~.. _. ~' ' ~ -,U G _ 10 EXHIBIT C AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN HOMEOWNERS OF BURNETT ESTATES THEIR, SUCCESSORS OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities and drainage facilities as delineated on the plat of BURNETT 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 D. No encroachment will be placed within the easements, which may damage or interfere with the installation, inspection, and maintenance of utilities. All operations and maintenance of the storm drainage facilities, including all expenses, shall be paid by the BURNETT ESTATES Homeowners Association. In the event OWNER, successors or the BURNETT ESTATES Homeowners, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if OWNER or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unstable, OWNER or successors agree to the following remedy; After thirty (30) days notice by registered mail to the Proponent or successors, The City of Yelm may correct the problem or maintain facilities as necessary to restore the full design for all costs associated with engineering and construction of the remedial work. The City Of Yelm may charge interest as allowed by law from the date of completion of construction. The City Of Yelm will place a lien on the property and/or on lots in the Property Owners Association for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Proponent or successors. Section 2. Maintenance of Facilities. (A) In consideration of conveyance of Tract (s) to the Homeowners, the Homeowners hereby covenants and agrees to maintain in good order and repair the stormwater facilities, located in designated tracts, to the requirements and standards of City of Yelm, and all fences and equipment appurtenant to same. If in the opinion of the City of Yelm the facilities are not maintained to the City standards, a fee maybe charged to each property owner by the Homeowners for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowners or repairs can be done by the members, as long as work meets with City standards. (B) All stormwater runoff from rooftops shall be handled to retain all runoff on-site as per the City of Yelm standards, by individual drywells onsite. Section 3. Maintenance Schedule. Maintenance schedule for drainage system component as outlined in Exhibit D. Section 4. The BURNETT ESTATES Homeowners shall provide the storm drainage maintenance required in the residential Agreement to maintain stormwater facilities. Section 5. Approximate maintenance Schedule for Drainage System Component. This is attached in Exhibit D. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS MUSTANG DEVELOPMENT, LLC (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 BURNETT ESTATES, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and 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: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. ;, ~ ~ D as Bloom NAGER STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this ~.1 ~ day of ~ , 20 05 ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~ ou ~ ~~ s ~ , ,r3c. ooM 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 z5'F-t day of A~u~~cs T , 20 05 . \,4~r~stf~rEf~~, ~ ~'?~5s~°N FyF9N = N ry Public in and for e '~ "°~~~~~;; _ Sate of Washington, residing in Z r ~ P y ~ UBIIC ~ : ,-v ~ ~'~.~ o ~ ~'Cy 2~%~ ~ ~ My commission expires: o~-i~,(-p'~ % ~ 14~ ~ ~~ WASN`~.`. ~~'~ ~F + ~ EXHIBIT D MAINTENANCE PLAN BURNETT ESTATES SUB-04-0218-YL INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will be used to write the annual report (due in May of each year). Some items do not need to be checked with every inspection. 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. SUB-04-0218-YL SECTION 1 - REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes and Swales) Drainage ,, System Conditions That Should 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) Maintenance for Catch Basins and Inlets Drainage ~ System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M,S General Trash, debris Trash or debris in front of the No trash or debris located and sediment catch basin opening is immediately in front of catch in or on basin blocking capacity by more than basin opening. Grate is 10%. kept clean and allows water ~ to enter. M Sediment or debris (in the No sediment or debris in the basin) that exceeds 1/3 the catch basin. Catch basin is depth from the bottom of basin dug out and clean. to invert of the lowest pipe into or out of the basin. M,S Trash or debris in any inlet or Inlet and outlet pipes free of pipe blocking more than 1/3 of trash or debris. ~ its height. M Structural Corner of frame extends more Frame is even with curb. damage to than 3/4" past curb face into frame and/or street (if applicable). ~ top slab M Top slab has holes larger than Top slab is free of holes and 2 square inches or cracks cracks. wider than 1/4" (intent is to make sure all material is ~ running into the basin. M Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more of top slab. ~ than 3/4" of the frame from the top slab. A Cracks in Cracks wider than 1/2" and Basin replaced or repaired basin longer than 3", any evidence of to design standards. walls/bottom soil particles entering catch Contact a professional basin through cracks or engineer for evaluation. maintenance person judges ~ that structure is unsound. A Cracks wider than 1/2" and No cracks more than 1/4" longer than 1' at the joint of wide at the joint of any 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 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 POND The bottom surface of the biofiltration Swale shall be periodically inspected for build-up of sediment and debris. If the pond 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. ~~ ~ ~ s~~TE ®~ ~ `~ ~~ ~ B~ ~ STATE •~° 40' Cti'' oa, •oeb o0a ~: zf~, ~ . _ y egti ~ x °° ~~ ~~ Q ~ ~~~~ ~ a c y ' ti ~°4 , '~'r u ' PP> `moo „ ~`~ ias9 ~ , e~ ,~ e .~ a a. -~ /-_• - ~ 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 BURNETT ESTATES HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. ~ Date: 8/25/2005 UBI Number: 602-533-928 i APPID: 357204 .~ STA T~ ~'~ ~~ Given under my hand and the Seal of the State ,~ = ~~,~ ~ of Washington at Olympia, the State Capital ~ O ~ ~ ~ ~ ~' W~ ~ ~~ ' ~~ ~. ~{ ~ Sam Reed, Secretary of State Q ~ ,~ ~ `L 1 S 8 ~ ~ ~, ~'~~~ ~~ ~m ~,s 'aav~~~~- AUG-25-2005 THU 02 11 PM ^ 'WATER 'V~rELL REPQRT O riQirod A 1" ropy.- Ernlajy, ."i wpy -owner. 1'''" COp.' - Jrillrr .,. I,~1, B L~t+ L 1' ^C_unsu•ucti(ntlDeu)mmillsiDn ('"x-"in cir•clc) L__! CI]i1SII11Gt101L ~ Decommission OItIGINAlINSTillarlIIONNotice UJlntenl Nur»Hr,)• -+ItU'r'USi:u USL, m Domcatia ^ lrau~:ni:d ^ Mm+inpd ^ Lewuur ^ 11riFariun ^ 7cat Wetl ^ Ollmr_ I T)'pk hT' WO!Itlu .C/werr'r: numh('f A(w~~O (r1 nwrc16an 1+nr) „_ (~Nrw well aAecnnAitinned ai:rlrod ~[].IIu}'. ^Dnred~ (]Dii+•on Deepened ^ Cahle m Rnury ~ hoed UIMGNSIONS: Uibuv+er nfwell f~ iutl+m., Jnlled L. nrpttl Of Con1()IcIC[I We{I _~' (1. . curvsrut,l-r)nn arxAtLs c.air,~ p wtldui-. r.,rnrn. (ram fi~ to - k: I natatlod: Liner mxgllcd 8 Dign+. from _- ..., h, 4~ ~.~ h- Tltscndcu -,... _ "' Ttitin 1ron~ _ _. -- 5 rn __,.,. h. _ trCClarblLbltl:.~.Y[S ~l±la. Type of p.nnraor used _ _ _ Dana .~ Slot sass GOw fi, to ,h. - Ditm.~ Slot aizc 1mm ft m fi, (;r^vet/1'ilrer pte,letl: Yes No ~ SI'LC of gfaveUagnd Maeettidspl.eedGom,_ -,_;_h~lo _ fi FAX N0. P. 02 GURRGNT Notice of Intent Nti. ^~! 174 1Jniglu Ecoloo Vt/ell ID Tag Nu_ N/n , Water Right Permit No. ~xI:MPT L1rF1,F: ~rc)j?Cr'ty~l7wnCr T~l2Tt11' ItaINIER GF14Ft:AI: Df VrLCTYMLRT tNt". ` Well Street Address k910 51:13URNGTT Tt0A1') City YLLM _ _ `_ County THUT.STUN Locodon NE U4-I!A S~`'l14 Jec 13 Twn i7n It 1L 6wM Qr;r~,. wwM ^ am Lut/Long. (s, t, r Lat D(:~ Lat MinlSec Stall :REQUIRED) l,on, Dc~; LonS Min/Sec ,. Taa parcel >dn ''I 713? 1 gUUU _ . CON,fT1ZUCT]ON O1.yE[()MMtSSIOf~ t'RE)C:T:DURE pmmation Dcscnbc by tAluc. chnacar. aizc olalaurul and an'uemrc. and we ninJ :md nrtwr of the marennl in etch avaw~ penevneJ, with n Icasr une entry for each U+WrEr of briwe+anun. i()SF'A~D1Ti4;'N>4L$HEET1+iFNECL'SSA-ft1°.1 S1LE of perfs In, hs' m and nn of Drrft_,&nn+ _ h, ro fr, MArEi~IAL Screens: ^Ym ^No ^1;-I•te Lucarion___ .....,.. UL•CUMNIISSIL)NEDTNACCDRUANirL-WITH Manufacturn~~: Neme _. WAC 173-16(t-381 type RSOdctNU. ,. SECT1pN 1 SL1TtSCCf1UN d Surfers, Seat: QYns ^No" To wMt Jepdt^,;~„_ h MttcntLuarJ in sent -_ ._ Did any canto COnltul Lbusahle wars? TWc of wxer~ i„ Method of aenlinp avers ufi ,,,,._ pl)MY: MWruficwrrr'cNamr_ Type' ft f', R'ATEtt LE\eL•LSi tand-wrfacc devanun alcove mean tea Icvel _ fi. $Hlu:.level ~(j "11.. t•CIOW ION of well 'Drte ByYZ/DS Arsaeitn pressure _~. 1L:. percgaareitrch Drir ~,..-- Anesiu+waler,: cnntrnlJrd by WELL TESTS Drnwdnwil is amount wattr level is IOwefeJ below aratie icvet was ,pump reatmnde" ~ Yes ^ No If yec, by whom'! YieicV; t:dhlnrt:-wilt rt. iitswdown after hrs. l'icla: ,Jlal.muri. with h. drtwdown after hrs. _- Yield: Cal./mm. with h, dnwdnwn Of[er hrs. Recovn;~ dnrn Gimr m!<nt as:nr wL en pump mrnrrl pgJ(worr+ Icvrr r»camrrerlGrom,rell !vp ro worn' )rvaU - 7imt Watci Level 7jme Wrier Level Tv0e Wgru lave{ Date of rear - - riniier Inst Fa1.1mi0. witJt ,~-~fi: ditwduwn after lvs. Airrert-_ ~_ Etl./min. witn item qt1 qt _[l. fOr ^,~ -hrs. Artefisri !'low _~~. ~ 1:pm.~Dnts _ Tempetanua0fuwrcr1^-Wasr,:t,emxalanr)yaismadt! ©Ycs I]Nu .SttnDale 8/?2lQS ComplecodDate Nt==/US ~l'Ll.~, COl`;S7'RTJC'Tlntt C;ER'FFFI£A'1'10!v: T conmucttd andtor ncceprrespo»sibiliry for constnlction oftl~is u'e11, a»d iLx compliance with all Wasl)in~aon well construction standards.. Materials used an>:l tht: infonnecinn rep6rlcd .,hour tare ~ltre to l~ bcs+: taowkdge and belief. I ^ th'iller ^ L'nyineer O Tninm Nome (Ptiuq E~ N • SU ~ Luipuyl Compgnv ARCAUTA DRI1_I,iNG INC, nrilledLn¢inur•~fraince Signomrc _, ,~-~-~ AJJress PO PUX 1790 _ ~-~ v - Diillci of trainee Licence No, 1586 ~. Cin~. $rote, Tip SHELTQN 'WA 98584 .y If TRAIKF.f., COnvactor'a TsrNkr•sLicrnacU.No, ,,_ ItcpavwanNn, AI:CADDI04RlC1 DaraDl23l0i Driller', $irriou+rt _„ ,,,, Fcalagy tF an P.qutY Uppurruniry F.mplorer. pYt, pNo Depth of smw _„_ >c, 050•I•~brRea +/m, The pepartment of Ecology does NOT warranty the Data and/or Information on this ylletl Report. After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: City of Yelm, SUB-04-0218-YL Grantor: 1. Rainier General Development, Inc. PO Box 627 Rainier, WA 98576 Grantee: 1. Yelm Community Schools District No. 2 Legal Description: Sec 13, T17N, R1E Assessor's Property Tax Parcel NumberiAccount Number: 21713310000 THIS MITIGATION AGREEMENT ("Agreement") is made this ~ ~ of ~ , 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the " istrict") and Rainier General Development, Inc. (the "Developer") RECITALS A. The Developer has submitted an application to Thurston County for the construction of an 18 lot subdivision near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. IIIIIIII Fag 2197of 4 IIII IIIIII III IIII IIIIIIIII IIIII 1111111 ©t/ IIIII III 12!20 I 05 09.4 6R YELM COMMUNITY SCHOOLS AGR $22.00 Thurston Co. Wa. E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sun of money: One Thousand Seven Hundred Eleven and no/100 Dollars ($1,711.00) for each lot in the subdivision or the total suin of Thirty Thousand Seven Hundred Ninety Eight and no/100 Dollars ($30,798.00) (the "Mitigation Payment") for the 18 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of One Thousand Seven Hundred Eleven and no/100 Dollars ($1711.00) per dwelling unit or Thirty Thousand Seven Hundred Ninety Eight and no/100 Dollars ($30,798.00) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties.. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the properly owners of record at the time of refired; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be fiill and complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. II 3702197 II III VIII IIII II 01ag 2.!2005 ©9446A Iillllllillllllllil Iillllllllllllllll YELM COMMUNITY SCHOOLS AGR $22.00 Thurston Co. Wa. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION General Location 8910 Burnett Road. Yelm. WA 98597. Section 13 Township 17N Range lE Land Area 4.77 acres Tax Parcel Number: 21713310000 Description: Subdivision of 4.77 a~ YELM COMMUNITY SCHOOLS DISTRICT NO. 2 DATED: ~ "' ~ ~ " ~ S~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) By: Alan Burke Its Superintendent I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this 12~ day of . ~ QY1tlCt_t' , 2005 .~ eYSgiSBO6G rx€Y23t: V ~, ~.,~i ~~:~ ~• ,. ~£ +~ ` ~ s ,. t,. !:: L3 ~..1 cn . c,n ;,_~ ~;~ , '' ; . mss. '' . ~+~ t-.a ' i `!~ :.L f , ~ j ~~~x:~~ NOTARY P BLIC in and for the State of Washington, residing at '-'1- Wlq' My Commission Expires: 9 (-2Cj+.-(j7 ~~~~~~ ~ Pao 2197 ~~~~ ~~~~~~ f 4 ~~~~~~ ~~ Y ~~ ~~~~ ~~~ ©1 / t ELM CO I 2/2005 MMUNITY SCHOOLS qGR ~9:46R -- .. / '~~ DATED: _i~_/c~ s ~~~ -~ ~ ~~- By: % oug Bloom Its ~ ~j~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Doug Bloom is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~ day of ~ , 2005 . 2b ~' ~ atleS6ty3 i ~~ ...'~ P l "eJW ~l. tr ;'l ,~ ~` vY Or~iH ~ > , ``.a u ~ ~ ~ ~ ~ '= '~~. 1.~~, ;4 A~ s ~. ~ o~ idf~ ~ ,,r aT !' ~ ~ o r •. ~~. its...:' . ~ ':..,~V ~ `~`~ ~''~p~'~%aRCOSeaaa'+""~• TARY PUBLIC in and for the State of Washington, residing at %.ai~ .sro~i ~~u„~Ly My Commission Expires: U `7-/y- o •7 IIIIII VIII IIIIII III IIIIIII IIIIII VIII III VIII IIII (III 0 ~9 2 2005 094468 YELM COMMUNITY SCHOOLS AGR $22.00 Thurston Co. Wa. City of Yelm IDateRe sy File No. Community Development Department FINAL PLAT APPLICATION Fee: $750.00 Iln addition, any professional service charges per Resolution #358) APPOINTMENT REQUIRED FOR APPLICATION SUBMITTAL -Please call 458-3835 Subdivision Name_ ~t1 ~rV E T ~S"t- >~ TE- Case # and Name of Preliminary Plat Approval S C1.t3 ^ ~'-~ •- ~ Z i ~ - YL- Tax Parcel Number(s)L. 17 ) 3.3 ~ 66 G~ SUBDIVIDER (~_ ~~~tr<~-~ ~~~~dz l 1~-cJ Name Address 1~4t~'t.ie~ ~~ gr1S7~ y~CG - 3G€', ,~ x{4-(0 - Z`t 7 Z Phone Fax E-mail PROPERTY OWNER(S) M~~,~,,s ~ 1~~1Ec.ca~m~:~.~T u c Name / 'J 7 E3 zZ CJIC.~~ l~l,' ~, 2`t S~ Address Phone Fax E-mail SURVEYOR r` - Z-P--c~ ~ ~ ;4 s s ac_ Name Address y5~-~&~Y Phone Fax E-Mail ENGINEER Name (~ r / LS Z dJt-llt n) l~G~ h;~ Address ~~ ~ Y M ~~ 4 Gy ~} ~~ SCI C - ZSLI ~JUs'- 93G Phone Fax E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage L ~ ~ Number of Single Family Residential Lots I Number of Commercial Lots Cls Smallest Lot Area S $LG Total Acreage in Open Space • Z`I At Length in Public Streets ~ ~ ~ Length in Private Streets _~ ° Number of Multifamily Residential Lots 5 Number of Industrial Lots ,~ Average Lot Area 3 sCG Fee in Lieu of Open Space ~'~~ Total Acreage in Public Streets ~•Q S ~- Total Acreage in Private Streets All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration. 105 Yedm Avenue West PO Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX www.ci.yelm.wa.us r' q _ ~~• l~ ~~~ r I~~ y~ CHECKLIST Submitted Missing SUPPORTING DOCUMENTS (Submit one copy of each document, unless otherwise noted) 1. Plat Certificate, date not to exceed thirty days prior to submittal. 2. A copy of any deed restrictions applicable to the subdivision. N .H 3. A copy of any dedication requiring separate documents. Nl~ 4. Approval (signed off punchlist) by the engineering department that the subdivider has complied with one of the following: A. All improvements have been installed in accordance with the requirements of this title and with the action of the ~-- ~ M legislative body giving approval of the preliminary plat; B. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements. n' 5. Mathematical boundary closures of the subdivision showing the error closure, if any (4 copies). 6. The mathematical lot closures and street centerline closures, and square footage of each parcel (4 copies). / 7. Lots containing one acre or more shall show net acreage to A' ~ ~ nearest hundredth. 8. A phasing plan (if applicable.) iu/ f~ 9. A summary explanation is required of how all City Council conditions of approval and SEPA mitigation have been met. / 10. Final drawings on disk in Auto Cad format. 11. A copy of any Home Owners Agreement. - ~ c ~. ~S 12. A copy of any Maintenance Agreements (Storm Water and/or Open Space.) / 13. Warranty Agreement for all improvements. ~~ 14. Bills of Sale for Sewer and Water. _~L 15. Deferral Agreement -Waiver of Protest (if applicable.) ~" ~%L;t 16. Storm Water Maintenance Agreement. / 17. Water Rights Agreement (if applicable.) ^%~~? 18. Homeowners Agreement. - c?..E7-T- ~~ 19. LID Segregation Application (if applicable.) -~'= 20. Documentation of Well/S~tic/Drain field Abandonment. ~_ 21. School Mitigation Agreement. _y~ 22. Latecomers Payment (if applicable.) _~~ 23. Open Space Fee in-lieu of Payment (if applicable.) N1;~ 24. Any outstanding City fees. _~~ 25. As-builts. 26. Plat Map (11 folded copies -rolled not accepted.) ~ " 27. One 11 x 17 reduced copy of the Final Plat Map Date Checked: w V ~ Checked by: Additional Information Requested: Additional Information Received: Application 105 Yelm Auenue West (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yedm, WA 98597 www.ci.yeLm.w¢.ns .. MUSTANG DEVELOPMENT, LLC 7822 OLD HWY 99 SE Olympia, Washington 98501 360-754-7200 August 22, 2005 City of Yelm PO Box 479 Yelm, WA 98597 Attn: Tami Merriman Re: Burnett Estates SUB-04-0218-y1 Summary of Conditions Tami, We have met the Conditions of Approval as follows: 1) At time of building permit 2) Completed 3) Completed 4) Completed 5) Completed 6) At time of building permit 7) At time of building permit 8) Completed 9) Completed 10) Completed 11) At time of building permit 12) Completed 13) Completed 14) At time of building permit 15) Done per approved agreement 16) Completed per approved construction plans 17) Completed per approved construction plans 18) Completed 19) Completed 20) Completed 21) Completed 22) Done per approved agreement If you have any questions please give me a call. Sincerely, ~-~ glas R. Bloom anager MUSTANG DEVELOPMENT, LLC 7822 OLD HWY 99 SE Olympia, Washington 98501 360-754-7200 August 22, 2005 City of Yelm PO Box 479 Yelm, WA 98597 RE: Burnett Estates City of Yelm Project No. SUB-04-0218-YL We hereby agree to create an assignment account of $1500.00, 20% of the cost, to guarantee the maintenance and growth of the street trees, to meet City of Yelm landscaping standards for subdivision development, on City of Yelm Project: No. SUB-04-0214-YL, Burnett Estates, for a period of 3 years. Sincerely, ,~% =~'-~ ,' ouglas Bloom Manager ~~~ ~Y A ~ .l I~aw¢b¢uv)1 Ua!oy ' 6uiw¢u W¢1 ' Sul n ~ 6 LI ~~~ ~ipl 90596 YM ¢~nHO ^ -' ~~~ ~ 3N OOOl uonap Z9ZI 9w1na31u19^3 ~ ~F b :Y ®io YIYI~ :Y Hvm ¢¢) f9C6i0( Io9f) uranlao r3var uo r3d sxos)+aa z ) r)~ 19sz-ow (o9c) JIdW Al0 Q 4111116 11>141M dY11 lYld A11tll~17i11/ nra :u mem fowal uva w g Ua M3N 'NU ~ g n ~ ~ o kSr ~ ~ ~ j s j g ~ y ~ xo ~ S ~ u~-1 =~ t r, ~ ^ 6 W~ ~` 9 ~~F ~jp gul ~ ~ b ~ p, q ~ ~ ~ ~ F C ~ ~ q ~ y ~ ~ ~ ff D ~ ` i ~ > u ^ A i~ m ~ ~ ~~ ~ as u3nana ~m¢ ~ s o ~o~ F o~ bgY~ $g <C b b °~~og°s 'w 8~i~ ~ a ~ ~ ~ 8I ~ I ~ ( ~ S$ c~ ~ ~ ~ ~ i . . I ~ ~ i sZ o. ~ a)c •wN ~ Q Z g ~~ .. ~ ~ ~y yeI A~` w ~~S Z ~~°~ 2 ~ g ~O~gaaa ~Z~1 y ~ ~ S ~ (.7 ~ ~ y 8 ~ Y N f~ W ~~~~ I'~ ) ' ,) 1 ' ~ I ~ T ~ I - 1 r - - - - - - ' ' l ~ ~ I ~ "~ ~ s ~ i o: ~ I ~ '~~ I ¢ / <`~ ~ r ~ti 1 1 I ' l r--------~ I 1 , ~ I 1 - f-~ i --- n ~,e, sa. ~ ~ 1 r. I -~ I Q W lL-¢~--~ ~ '~ ~a ~ ~ ~~ i F- W~ e ~ ~.~ I r 2~ ~~ i~°T i~ ~° ~d ~ i V ~ 1 I 9~ I 1 1 1 (r~ -, M ~ 1 9 1 3 a a --~ ~----~ / n '~ - ~d j ~ <, J ~ ----- - ------- j L - ~ 1 ' I I Q. ~ ~ 89i ay SE _ ~ rN -l ------~ i N bill ~ i I ~ ~ d~ ~ W _ ~ 1 I I t:) 1 ' ~-~J I ~ ~ ~ ~ ~ 3 x ~ _~~~1 r I p~~ ~ ~^ ~; v I I ----- , Imo , ~~ ~ a i ~ a ~ Y 0001. - 1 mga~ L -' i , , • , ~ ~~'~~ ~ ~ ~ ? W i I ~--~ ~ j ,~ ~~ ~ ~ -~1 ~~ r~ --I ------; ~ Z ~ ? t .rn -mmr-J I - _ _ ~~ ~ a° ~~ ~ ~ I 1 I a ~ ~ J W ~_ ~ g¢ --_ E ~ ~ p 1 r 7 -n ~ ~ -- - ~ 1 L Q I L - 1 -- -- ~ ~ - o m ~R hd ~~~s 1 ~ ~ aeerr 1 I II~ 1 ?3^ @~ I~ ~ a $ ~ ~_ ~~ ~~ ~@ W $~ 1 v a m r. ~ I ~ ~--~-~ '~ 1 ~ I~ I b ~ ~~ o ~ ~ W ~ d3 ~~ ~I I ® r I ~ ~ o 7~Z5 I ~ ~ _ 1~ r~ ~1 $ ~ x p U 7! ~9LL ; ~ ~d r >r~ 1 la 1~ I `¢ ~ I 1 1 ~ ~ ~~~R~~ ~ ~ S ~ ~ < ~x v ~ 8~ " m ----- :~ ~l~ lad ~~~ ~ ~- ~-~ ~ s L_- tl --~ I ~ I~ Y ~ Lz4El ~ '~ ~~t^~ 81 i II' ~1~~r ~, fi i L-- ) c ~ -- I ~ c I ~~ ~¢ ~ ~ ~ - mnn 1 I ~ I I -- ~ 1 I ~ - r 1 II ° ~~ Y I 1 1 I 1 I ._ ~ I I ~ d ~~~ ~ Y ~. ~ 'A L--J I ~ ` I d ~ ~ I .~ ~ ~~ B i °W W ' ~O r~Yq SG ~- _ - ---- --- ~ _- O _ ~-_~ ~~ 1 7Rfb'M-- -- --- ~--_ S r ~ ~ a ~~ ~ _-____ ---__- 1~~ ~.- _ ~_ T-T_ 7- __-__--_~-_IBt]-- __ --_------ -_ - ~- -~. ~_~_p --_ ,~ U g; € bbb a ~ ~ 1 1 / -- 7u-r ---- °"-------- (// ~ ~ ;~'~ ~ I i ~~ Y ~ 33 LJ ~ II II 9sg $$ g ~~C ~ R y SqSq ~ P~iO{ ~ ~ 1 ~ 6 ~ ~ ~ ~ ;~ ~ ~ ~' '' ~ Gee d ~~3 ~ tr ~ ~ b BILL OF SALE THIS BILL OF SALE is made and executed this as day of ,QvGu ~T , 20 c s, by and between Mustang Development, LLC, hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property 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 Burnett Estates and for Burnett Road S.E., of Yelm's Plat No. SUB-04-0218-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 ~ s day of ~~v ,20G>~ Mustang Develo ment, LLC ~~ ~~~,.~ (SiS~ y ITS ~YJ~-~vaG~=~ (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the Z s ~ day of /rF l.(6 /.~S T , 200 S ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 1~ouGU3S /~' $CoaM to me known to be the MAN~4 G ~ R of musrA.yc ~t r , LLC 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 o€ ~i~.corporation. WITNESS:rnX~;~~official seal the day and year first-ab ve written. «.•~ m; Pusuc ~'' 2 = ry Public in and for e ~?~.~y 14.2: ~~``. tate of Washington, residing in '~i~i Op WASH\~ ~~ ~de ~ n ~ un ~ i ~~~~/1111/11~~~ System accepted this day of , 20 City of Yelm Bv: Director of Public Works After recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: City of Yelm, SUB-04-0218-YL Grantor: 1. Rainier General Development, Inc. PO Box 627 Rainier, WA 98576 Grantee: 1. Yelin Community Schools District No. 2 Legal Description: Sec 13, T17N, R1E Assessor's Property Tax Parcel NumberiAccount Number: 21713310000 THIS MITIGATION AGREEMENT ("Agreement") is made this ~ G of ~ , 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the " istrict") and Rainier General Development, Inc. (the "Developer") RECITALS A. The Developer has submitted an application to Thurston County for the construction of an 18 lot subdivision near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. (IIIIIIII Pag2197of 4 IIIIIIIIIII IIIIIIIIIIII IIIIIIII II IIIII o ~ ~ IIIIIIII iz~2oo YELM COMMUNITY SCHOOLS AGR 5 09.46A $22.00 Thurston Co. Wa. E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: One Thousand Seven Hundred Eleven and no/100 Dollars ($1,711.00) for each lot in the subdivision or the total sum of Thirty Thousand Seven Hundred Ninety Eight and no/100 Dollars ($30,798.00) (the "Mitigation Payment") for the 18 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of One Thousand Seven Hundred Eleven and no/100 Dollars ($1711.00) per dwelling unit or Thirty Thousand Seven Hundred Ninety Eight and no/100 Dollars ($30,798.00) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) yeal•s from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that cnay be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refimded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bt•inging any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 3702197 III VIII IIII IIII pa9 2.I2D05 094468 IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII II YELM COMMUNITY SCHOOLS AGR $22.00 Thurston Co. Wa. 12. If an action must be brought to enforce the ternis of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION General Location 8910 Burnett Road. Yelm, WA 98597. Section 13 Township 17N Range 1 E Land Area 4.77 acres Tax Parcel Number: 21713310000 Description: Subdivision of 4.77 a YELM COMMUNITY SCHOOLS DISTRICT N0.2 DATED: l " ~ ~ -- 0 S~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) ~-~ wl.~.~-- By: Alan Burke Its Superintendent I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such paiTy for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this IZ~'" day of .' Q;~LIQt' , 2005 4 e~ ~r~, • ~ .,~ . =:~ _ ~: "~ '~~t7}:7i:lf ~~~' 1 C~-~ ~~~xr~~ NOTARY P BLIC in and for the State of Washington, residing at rl v/l~' My Commission Expires: 1 I -2c~-C~7 IIIIIIII Pao 2197 IIII IIII of 4 II III III IIIIiII 1111111 illllll Y 1111111 o, ELM C III /12/2 OMMUNITY SCHOOLS pGR 005 09:46q $22.00 rti..__._._ .. DATED: i ~ 3- /~ s -~~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) ~~, _ ~~~~ Byy~ oug Bloom lts' f%2~ ~ . I certify that I know or have satisfactory evidence that Doug Bloom is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this ~'_~ day of a./ArLU.c22u~_ , 2005 . ~ '. ~ ~ chi ':~- ~ti~vr~-uc. TARY PUBLIC in and for the State of Washington, residing at j,.«; es~rc.v C~un~y My Commission Expires: U7-/-~- o ~7 iiiiii iiin iii~i iii iiuiu uiin lull i~ iiiii iiii iiii 3702197 Page: 4 of 4 01112/2005 G9:46R Thurston Co. Wa. AUG-25-2005 THU 02;11 PM '~~1'ATER 'V~'ELL REPORT (Iritind ~ 1" aupa . Ecola.ag, I`" wpr - awne,. \'" .np, - drillu i~i~il~i.~i,•t~i C.unstruelinnlDeu)mmies-nn ,/~ s " in crr;;le) QCcuutruction ~ Ilccommission OICIGIN~+.L t>v'STi11.Lf1I10N Not,ce fif 7nfcnt Nr~mbCr FRX N0. r. u~ currRC~T tioticeoflntent Vu. ^~11'g linitluc Ecoloo u~ e!I lb Tai tiu, r.,A WIHes Right Jaermit No, i:Xl_MrT WF1 h. ~''rt>pcriy Owner Name ltn:N:LR GENL•1:AI.llL•VLLUI'MLN71Nf Well Sircct AddreSS k+1U S1.13aRNLTT RUA)7 IBUrUS1:P PSL Ql f)omc,tit ^ L,AU+n,nl p Mrump.r ^:aew^ur p/rnpamn ^Tcs: W'dl ^OU1r• T1'hl: flr W Olth.: -Gworr . numhrt of,v[II p! more sloe nny _ t.l lytw well Qlteenndtslnned a(erhor, [~D ^ Hnred ~• W' DDn«an p Drepeurd ^ C^ble ~ 1(MpY p lencd YLLM (^.Ity __•--- County TH:)GSTUN Lowucm NEl/a-1/A DWI/4 sec 13 Tvot'~~` It ~L- °WM 0r„ur - ~~ "- ^~ WWM a tow Lut/Loo . (s. t, r La; Dt Lat Min/Sec E h+ IrrMl:NS10NS. Uwmue nfwes! f. nml.e~. Jrd1eE is neDtl• Of COOgtlUeo we{I _~~ 6. i ShII R1l;Qt.!lRlEDJ long Deg LonS Min/Sec . '~ cuusruucrloN prTAtLs ~'^C W ddcd-- A,tm li Om H: st h: Tllx ~'ercel Nr.-! 713? 1 UU:K1 • Inala1100: O Liner maalkd Dtan1 from _. h w .- h. C Tfitcndcc _ ~ .,,fin ~ion+ fi to h. - - -- CONSTRLiC'rJON OI:DECOMMISSIOK t'ROCaa)IRtL " rcrtorrurna: *] Ya pNo type of pennrntor used - _ ~ rosmanon UcsCnb~ bl colw. charxset i,2c Of maltrul and sc1 YC01fc. ant W: k,nJ and nu0rr of the martnnl m each anatw~ rxnoracd. wth a; Ic^si unr rnsry (m rech CLtmgc of , ,n(ntw,^nun. (1 )SF. A~DTTJONAI. SHL-ET5 JF NECL•SSA3t1' 1 j $IZE of prrla to Ay u+ ^nd nn of Derft_ anm _ fi tc L • NATC-f11A1 FFOK TO weent: ^ Yea ^ No Cj 1`•I•at Launan __• ..... IJECUMtrIIS$IUNED rN ACCURUAYCL- WITH N,anOfatn.u,~stv.ane _ WAC 17;-16G-381 ~ Tyye _ Modes tvt ..~.- ~ SECTIpN I SURSEC': lUN B Durt1 wSl a1 :ru 6ou+ fi to h ~ - - . Deco ~ Slot uzr smm_ ft rn h 6r.vrlTisstr p^erctl: Ycc t:o ^ $tzc of grrvel/card I Muettirlsyl.ccdbom •,-._-(t-[O A I I Surifrt( Stilt QYr: ^Np" TowMt depth', _ h. j Ma:llYl.Y)ed 171 {ell _ Did any tIInta cOtuaid urusablc wa,rl~ p Ya. ^ ho T We of w,trr+ _, y Depth of stow ~^„-_ I McJtod of stalmp a0at: ofl'~,_ t i rl1Mr: Vlanrtaau.rr a Tr^mr V1'ATLIt LE1'ELS: Land-sudacc r1n^non ^t,nvr cotta set Icvcl _ h i $tfna,.lcvcl ~n ' 1! fit10W IOy t,f well "Drtr 87'JJnS AruHan pteuwr -~~. ILc per agr^R loch Dotr -,,,.-_ Anesitm wav tc ulnrrnUed by vdve tlc (ca , . WELL TESTS- Drnwdnwsl is w^un7 watt level sl IOwaroJ below Nato Icve; wu ^ pomp tear mode' ~ Yea ^ No ]f yc:, by whm17 I YaeitF t^t dorm. wtdl R. dralydown after Ms. I, 1',cld ,_1101 /11uu wi0, fi d7awdown rha ~ hn I ld lh e ._ Callmtn wrt). h. dnwdnwn diter Art tf,'ta91r1 dam (u l F L ! mc j ;+ a en as :GK r en pump turner ~l,win Ic.el mtaau.Yr/~bm well ,vp ro warm Irrr11 7rme G'ntrLevd Trmt w'aterLevrl 7tmc Waerl.evel -_--~ - - I - Datr of teat _~ ~I i+nlltr scst pal.~tnin. wstii ,~_~lt. Enwduwr: ahet lv,. A+rten•_ y_ Ed hmn wrtE strtr ea at _E.. fo1 ^~ hts _ Anesiu~now _~ ~ tpT ~~ . Tempetaturcofv:.,.._,._WMrct,t^n,calanalysemad!' ~Ycs phu Strn DOIt 8•^-'1~5 Comptto 0 Dare 1{/~=W S ~'CLL CDNSTRUC'T)nN GERTIF}EAT}ON: 1 conmuc(td and/or accept responsibih!y fot constn,c:ion,tftJtis t~'c11. and it< comp:iance w,th all W nshintrton well utmwction ,usnderds. htaterirlls used ant! the infonratlnn repUrled ~bovr asr slue to uy bes+, laxlw;ed(;e and bclitf ^ Ih,llrr D L'n6inrer O 7uinre tiamc (Praoy Ep N • SU ' UrrpuN: Compulv!!RCAJIA DRII.I.ING INC. r,nllerlLntinur^'uinee S,en^nnc _ __ Addrn. TO BOX 17H0 Dnll<1 0, tniucr Licencr No 16H6 _, ~• Cmt $1etc,7iD $HELTnN WA 9Hi84 ~ y- u rlurnrr„ Gonv^ctor's Urlllrr's Ltetrmrd No ArcaDDIO9B1:1 -_ Rrgisaulon No , . Dm Hi_'i/'J~ Driller'a Si~puu7t _. ~„ Ecology 1s an rfua! Uypurtunlry E>mpioyn ~(, usu~l•~urner,,u;1 The pepartment of Ecology does NOT warranty the Data andlor Information on this 1Nell Report. ~; ;; Order No.: 135893 MISCELLANEOUS GUARANTEE ~' GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS, HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN. Pacific Northwest Title Insurance Company, Inc. a Washington corporation, herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: August 6, 2005 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further information as to the availability and cost. r,.. .f President ~~ Countersigned by: PACIFIC NOR'I HWFST 1 I'I'LE Insurance Company, Inc Authorized Signatory JOd COOtS ~\~lE IN349 3~'SS/'~N~ ~cF OOPPopq~ e+o e, Company ~ OS Ea$t 8~1 s ~n+ ;' SEAL= Olym is WA 98501 vb -"wsNINGtO+~s /Zy (1~Ji 7. AA ~~ ice.... City, State T -~3~~~ G-1103.6690 ~: GUARANTEE CONDITIONS AND STIPULATIONS 1. DefIUItIOn 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. Exclusions from Coverage of this Guarantee -The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1 ), (2) or (3) are shown by the public records. (c) Assurances to 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 on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any •ights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. (d) (1) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity of any judicial ornon-judicial proceeding which is within the scope and purpose of assurances provided. 3. Notice of Claim to be Given by Assured Claimant - An Assured shall notify the Company promptly in writing incase 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 niay 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 Assureii under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. No Duty t0 Defend Or PrOSBCUte -The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 5. 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 4 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 preven*. or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 5(a) the Company shall have the right to select counsel of its r;hoice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fee:;, 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 judgement 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 'or 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. 6. Pr00f Of LOSS Or Damage In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to proviite the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether hearing 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, decks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as contidential by the Assured provided to the Comptiny pursuant to this Section shall not be disclosed to others unless, in the reasonable judgement of the Company, it is necessary in the administration of the claim. failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability otthe Company under this Guarantee to the Assured for that claim. 7. Options to Pay or Otherwise Settle Claims: Termination of Liability -Incase of a claim under this Guarantee, the Compam~ 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, shah terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company of cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5. 8. Determinatlon 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 stated in Paragraph 2. 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; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 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 subjectto any defect, lien or encumbrance assured against by this Guarantee. 9. Limitation of Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company. 10. Reduction of Liability or Termination of Liability -All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 shall reduce the amount of liability pro tanto. 11. 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. 12. SUbrogati0n Upon Payment or Settlement -Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, [he 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. 13. Arbltratlon -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 [he 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. Judgement upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the silos of the land shall apply to an arbitration under the Title A copy of the Rules may be obtained from the Company upon request. 14. 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 he construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company 15. Notices, Where Sent -All notices required to he 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 215 Columbia Street, Seattle, Washington 98104-1511. MISCELLANEOUS GUARANTEE ~~a I'~~ a°°~ ~F M ~~ ~~1 r n ,~c /m~ /}/ ") r ,~ ~` ~~. v k~~ *a t ~~ ~~ R ~• d~ ,~ ~1 T~z ~ ~ =.~ _~~ O 1 ~, N C N N O N`<~ry@S 3S~O O~T ~ S ,~.. 4 f0 ~ ~.. O~ A Fi 7 ~+ C1< ~~• cO~A~o~~g ao rn .-+~w ro p dNrS ~ ~ n e Q ~ O s~ ,~,oSC3~a~a c -• ~ ~3 0. ~`D~~3~n. ~cx ~ ~.N ~rO ~~ r+Q z O S~ A 7. 0 C ~ A ~ ~O ~ ~ O rD w ~~ o. !D ~ N•~C S ~ N Y ~ D s m D -1 (mom `~.1 ~ ~ ~. ~~ ~ `~ '' ~~~~~ z ~ ~~~ ~ ~r~ ~~ o~~,~ ~ ~~, j~:~ tn~~~ ~~; s~~~~ ~~~~ .: ~~ ~,, `~ ~ ~ ~'~ ~ ~~~G~ ~~ ; f ~,~ ,~ ~~ ~ `1' m N~ m .j I ~ m L7 -Di ~~n ~Z ''• O~ j ~~ 2 y ,.~ i ~ ~ i ~' nD~r ~~ I~ Z ~ 1 Io , :~ ~G { ~ ;~ I~ ~ ~~ ~~' IZ c '~ ~ ~< D ~ m 'G 1 \ \ i i ~~ m ~ . I ,t ..~ PACIFIC NORTIIWFST '1~ITLE Insurance Company, Inc. And its Agents ProvitlinK excellent u-rni~ e ~tnd c/reality to meet your title arzd errrorc raeeclr. Our Privacy Policy We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent or lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. 0 z `~ d' L!') " f~- M O Z .. a w U tt~ z a z ; CU w ,y Q h+~1 ~ ; c. ,~~~~~ _- X p ~W ~`o L, ' V r ~ 11 - ~asF ~ i .._ .._ Y hi~_ `~.. i ~ r! .~ ` - - FAY \ \! ~YE L'' City of Yelm Community Development Department Invoice No. CDD-05-0137 INVOICE - - Customer Name Rainier General Development ____ __- Address P.O. Box 627 City Rainier State WA ### Phone Item Description 1 ;Water Meter for 8910 Burnett Road (This is old address, new address to be determined) Payment Details O Cash O Check O Date August 2, 2005 Order No. - - __ Rep Burnett Estates FOB SUB-04-0218-YL Unit Price TOT_ AL -- $300.00 $300.00 _-- SubTotal $300.00 _- - Shipping & Handling $0.00 Taxes WA TOTAL $300.00 -__ __ e Use Only City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 THANK YOU ~,, ~ *~~ City Of Yelm P.O. Box 479 Yelm, Washington 98597 (360) 458-3244 New Water Hook Up Book # Date ~ ~ r~ c Building Permit ~o ~ ~~~"" r, Name ~ ~ iL~I'ap# Address ~ ~ ~ ~ ~~~ ~ ,~ ~ Account # .a c~ Phone # ~, i ~ C ~- 4 (~ 3 G' ~~ 3 Site Address ~S `1 ~~ 1! ~-, ,,~ `~ ~~ Fees Paid ~~~~~ Receipt # ~ `7 7 Public Works Approval Building Official Approval `-r'f ~ ~ (`~ 74 Lot # COMPLETED: DATE SIGNATURE 7110 READING