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Applications and OriginalsDepartment FINAL PLAT APPLICATION APPOINTMENT REQUIRED FOR AliPLICATION SUBMITTAL -Please call 458-3835 Subdivision L Case # and Name of Preliminary Plat Approval J ITJ ' LJ`y Tax Parcel Numbers -- ~.I ~~ ss-~¢ ~~ S DIVIDER / SURVEYOR Name ~e ~C7 X v~- 7 Address ~ c~ d -~ ~ (~ - 3~~~~ Phone Fax E-mail PROPERTY OWNER(S) ~OIG ~PiY'15.Q.1'1 / Y ~ ~ ~ 1 Name`?. ' L~ t ~z~~ 2 I (.t! 6 D Address Phone Fax E-mail Name P~ ~ ~ D Address~~ ~I l ,~Y-~ C,~, ~- Phone Fax E-Mail ENGINEER Name Address Phone Fax E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage Number of Single Family Residential Lots ~_ Number of Multifamily Residential Lots Number of Commercial Lots ~ Number of Industrial Lots Smallest Lot Area Average Lot Area Total Acreage in Open Space Fee in Lieu of Open Space Length in Public Streets Total Acreage in Public Streets Length in Private Streets 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 Yelm Avenue West PO Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-314q FAX www.cl.yelm.wa.us do Fee: ~ ?5~ (In addition, any professional service charges per Resolution #358) CHECKLIST Submitted S OCUMENTS (Submit one copy of each document, unless otherwise noted) 1. Plat Certificate, date not to exceed thirty days prior to submittal. A copy of any deed restrictions applicable to the subdivision. ~~ A copy of any dedication requiring separate documents. ~st~ Approval (signed off punchlist) by the engineering department that the subdivider has complied with one of the following: A. All improvements have been installed in accordance with the requirements of this title and with the action of the legislative body giving approval of the preliminary plat; B. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements. 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). Lots containing one acre or more shall show net acreage to nearest hundredth. A phasing plan (if applicable.) 9. A summary explanation is required of how all City Council conditions of approval and SEPA mitigation have been met. final drawings on disk in Auto Cad format. A-copy of any Home Owners Agreement. A copy of any Maintenance Agreements (Storm Water and/or ace. ) 13. Wa tkA Bement for all improvements. 4. Bills of S e for Sewer and Water. ~5- Deferral Agreement -Waiver of Protest (if applicable.) Storm Water Maintenance Agreement. a7:"' Water Rights Agreement (if applicable.) ~1~8~ Homeowners Agreement. '19:"- LID Segregation Application (if applicable.) .2ff~ tion of Well/Septic/Drain field Abandonment. 21. School Mi ' ation Agreement. ~,2!~ tecomers Payment (if applicable.) 3. r~=&pace Fee in-lieu of Payment (if applicable.) 4. y outstanding City fees. As- wilts. Plat Map (11 folded copies -rolled not accepted.) 27. One 11 x 17 reduced copy of the Final Plat Map Missing Date Checked: Checked by: Additional Information Requested: Additional Information Received: Application Complete: ]05 Yelm Avenue Weat (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www.ci.yelm.wa.us O~F 7~?i~E P ~y.? ~~p9 i .~~\1. i ;. r~i:~a -.,~-:, ~~~~. , -- ****THREE HUNDRED SEVENTY FIVE DOLLARS & 00 CENTS RECE `,J~r,; ~RC~_, RAINIER GENERAL DEV INC PO BOX 627 RAINIER. WA 98576 . ! 1 •~~ . _. .. _. _. - ~ vpT_ REC. NC. 01/25/05 34872 ~,~,1o~tiT 375.00 CHECK -_ ~;o 32674 MISCELLANEOUS RECEIPT DIANA CITY ~~ YEL?'~ p ~~ ~3n~ 360-456-6i~3 MILL POND SHORT PLAT SHS-05-0020 DECLARATION OF SHORT PLAT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: WE, THE UNDERSIGNED, being owners of certain real property situated in the City of Yelm, Thurston County, State of Washington, more particularly described on Exhibit "A", attached hereto and by t`~is reference thereto incorporated herein as though fully set forth herein, do hereby declare the following: 1. That said real property has been subdivided in accordance with the provisions of Chapter 58.17, Revised Code of Washington, and City of Yelm Ordinance No. 185, and that said subdivision was approved by the City Engineer of the City of Yelm, State of Washington, on the day of 20_, as Short Plat No. , subject to the following covenants and conditions: A) Said described real property may not be further subdivided in any manner to effect a division thereof into more than a total of nine parcels within five years from the day of , 20 unless and until a final plat covering said real property shall have been filed for record with the Auditor of Thurston County, Washington, pursuant to the provisions of Chapter 58.17, Revised Code of Washington, and applicable ordinances and resolutions of the City of Yelm, Washington; B) All subsequent deeds conveying the said described real property or any portion thereof shall describe the roads described and shown as private roads on the subdivision map which is a part hereof and grant the non-exclusive use of all such roads to the owners of all portions of said real property abutting said roads, providing access thereto from a public right-of-way. C) All roads described and shown as private on the subdivision map which is a part hereof shall be maintained by the owners of the real property having legal access thereto or their heirs, successors and assigns, unless and until the same are improved to City of Yelm standards and dedicated to and accepted by the City of Yelm. D) A perpetual non-exclusive easement is hereby reserved for the construction, maintenance and operation of telephone, electric, gas, water and sewer lines, mains or conduits, over, across and under the right-of-way of all roads described and shown as a private road on the subdivision map which is a part hereof. E) The right hereby reserved to make and maintain all necessary slopes for cuts and fills upon the said described real property adjacent to all roads (public or private) described an shown on the subdivision map which is a part hereof in order that such roads maybe graded in a reasonable and proper manner, and the further right hereby reserved for the drainage of such roads over and across any lot or lots where the drainage water might take a natural course after reasonable grading in connection with the improvement of such road for dedication. F) No drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any road right- of-way or to hamper proper road drainage. E-3l 2. Therein attached hereto, marked Exhibit "B", and by this reference thereto incorporated herein as though fully set forth herein, an illustrative map depicting the subdivision of the said described real property, which map (is) (is not) based upon an accurate survey. 3. Therein attached hereto, marked Exhibit "C", and by this reference thereto incorporated herein as though fully set forth herein, additional covenants, easements and restrictions pertaining to the above described real property and reserving to the undersigned (his/her) (their) heirs, successors, and assigns, certain rights in and to said described real property as more particularly set forth therein. 4. The undersigned by these presents hereby dedicate(s) to the use of the public forever, all streets, avenues, places and sewer easements or whatever public property as is shown on the above referenced plat and the use thereof for any and all public purposes not inconsistent with the use thereof for public highway purposes, together with the right to make all necessary slopes for cuts or fills upon the lots, blocks and tracts shown on said plat for the reasonable original grading of all public streets, avenues and places shown thereon. 5. With the exception of those covenants identified in paragraph 3 hereinabove, all of the above specified covenants are for the mutual benefit of the grantor(s) (his/her) (their) heirs, successors and assigns and for the benefit of the City of Yelm, State of Washington, and said covenants may be enforced by injunction or other lawful procedure including the recovery of damages resulting from the violation of such covenants. ATE this ~ `~~ da of_~~~~, 20~ 4 ~; Grantor ~l Y Grantor Grantor ~~ X ~, Grantor Grantor Grantor ~-32 STATE OF WASHINGTON } } ss. COUNTY OF THURSTON } ,~i~~ ~~~~~ ~~, ~ c/ C~~~, ~/-«„~, On this day personally appeared before me ~~l/~c%"~;' <~t~i~ f~'ns ~~'~- to me known to be the J individuals described in and who executed the within and foregoing instrument, and acknowledged that signed the same as a free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this~day of ~t~~ , 20~ /~ 4 rIQ"fARY PUBLI in ` nd for the '-gtate of Washington residing at "l~'I ~ti~ s tv;~ ~ ~ ~~ n~ ~t. STATE OF WASHINGTON } ` } ss. COUNTY OF THURSTON } ~~~~ ~ ~~~~~~,,~~ On this day personally appeared before me ,,,~r?~?~~ ~-~'' ~ ~z~ c'_ to me known to be the individual ~S described in and who executed the within and foregoing instrument, and acknowledged that ~~signed the same as ~:~- free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ~`~`day of - c- ,e , 20~ ~f~i6TARY PUBLIC in~d for the `- fate of Washington residing at r i,- ~~ciz~~:~ AUDITOR'S CERTIFICATE File for record at the request of this _ day of , 20 , at minutes past _ o'clock _ m., and recorded in Volume of Large Lot Subdivisions on page ,records of Thurston County, Washington. Thurston County Auditor By: Deputy E-33 Form No. 14 Subdivision Guarantee Guarantee No.: 4299-302530 GUARANTEE Issued by First American Title Insurance Company Be// Towne Centre, 4200 6th A venue SE, Ste 201, Lacey, WA 98503 Title O~cer•• Mitch Miller Phone: (360) 491 2441 FAX.• (360) 352-7417 5y : ~~( /vI, f~~ rj'I,'l~ (~ i, f/~ o-~~~~r- First American Title Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4299-302530 Page No.: 5 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. DefnitionofTerms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to In Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or Interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form No. 1282 (Rev. 12115/95) FirstAme~ican Title Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result In loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a Iienholder, the Company shall have the option to purchase the Indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contrail of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4299-302530 Page No.: 6 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 30. 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. li. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation Involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) FirstAmerican Tit/e Form No. 14 Subdivision Guarantee GUAR ANTES Issued by First American Tit/e Insurance Company Bell Towne Centre, 4200 6th A venue SE, Ste 201, Lacey, WA 98503 Tit/e O~cer.~ Mitch Mi//er Phone: (360) 491 2441 FAX.• (360) 352-7417 6~ r-~- ,' ~f~ ti r-~ ; ll~. r - T fly o~~. r Guarantee No.: 4299-486548 FirstAme~ican Tit/e Form No. 14 Subdivision Guarantee (4-10-75) SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE Guarantee No.: 4299-486548 Page No.: 6 1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records. (b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public records. (c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether or not the matters excluded under (1), (2) or (3) are shown by the public records. 2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following: (a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth in said description. (b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of the assurances provided. (c) The identity of any party shown or referred to in Schedule A. (d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee. GUARANTEE CONDITIONS AND STIPULATIONS 1. De£nition of Terms. The following terms when used in the Guarantee mean: (a) the "Assured": the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company. (b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways. (c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. (e) "date": the effective date. 2. Notice of Claim to be Given by Assured Claimant. An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 3. No Duty to Defend or Prosecute. The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party, notwithstanding the nature of any allegation in such action or proceeding. 4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. Even though the Company has no duty to defend or prosecute as set forth in Paragraph 3 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (b) If the Company elects to exercise its options as stated in Paragraph 4(a) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order. (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under the Guarantee shall terminate. 5. Proof of Loss or Damage. In addition to and after the notices required under Section 2 of these Conditions and Stipulations have been provided to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the Assured shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the Loss or Damage. All information designated as confidential by the Assured provided to the Company, pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. Form Na. 1282 (Rev. 12/15/95) First American Tit/e Form No. 14 Subdivision Guarantee (4-10-75) 6. Options to Pay or Otherwise Settle Claims: Termination of Liability. In case of a claim under this Guarantee, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of thls Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of such indebtedness shall transfer and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To pay or otherwise settle with other parties for or in the name of an Assured claimant any claim Assured against under this Guarantee, together with any costs, attorneys' fees and expenses Incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 4. 7. Determination and Extent of Liability. This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or Incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the Exclusions From Coverage of This Guarantee. The Liability of the Company under this Guarantee to the Assured shall not exceed the least of: (a) the amount of liability stated in Schedule A or in Part 2; (b) the amount of the unpaid principal Indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 6 of these Conditions and Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the time the loss or damage Assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of the estate or interest covered hereby as stated herein and the value of the estate or interest subject to any defect, lien or encumbrance Assured against by this Guarantee. 8. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter Assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. Guarantee No.: 4299-486548 Page No.: 7 (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company. 9. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto. 30. Payment of Loss. (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within thirty (30) days thereafter. 11. Subrogation Upon Payment or Settlement. Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or properly necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 12. Arbitration. Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 13. Liability Limited to This Guarantee; Guarantee Entire Contract. (a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee, this Guarantee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee. (c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 14. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this Guarantee and shall be addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707. Form No. 1282 (Rev. 12/15/95) FirstAme~ican Tit/e BILL OF SALE THIS BILL OF SALE is made and executed this zc, day of ms's Ati~~a y , 20 0~ , by and between Rainier General Development, Inc., hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: All Sanitary Sewer lines, STEP sewer system, Water lines and related appurtenances lying within dedicated public rights of way for the Mill Road Short Plat SHS-04-0096-YL and for Mill Road S.E., Yelm, Washington. 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 Zc'f`' day of ~hti ~-~~ ~r~ . 20 cS~. Rainier General Development, Inc. BY - ~ ~= ~~ ure) ITS rrn,2~°Sl~Jr%~% (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the o~0 ~ day of ~Anic~it ~~ , 20O 5, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared D y u ~ c ~ s ~. G'c vo M to me known to be the Pie f s , a E.v T of ~~,~rt,~e; ~t~~r~A( l~r, 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-abov written. .c . ,~/~, Not Public in and for the State of Washington, residing in l2cc2~~ fare [' bu.z~c.r/ System accepted this day of , 20 City of Yelm By: - Director of Public Works EXHIBIT C AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN HOMEOWNERS OF SHS-04-0096-YL THEIR, SUCCESSORS OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities and drainage facilities as delineated on the plat of SHS-04-0096-YL, records of Thurston County, and in the MAINTENANCE PLAN, Instructions For Maintenance Of Storm Drainage Facilities by and between OWNER and the City of Yelm attached as Exhibit A. No encroachment will be placed within the easements, which may damage or interfere with the installation, inspection, and maintenance of utilities. All operations and maintenance of the storm drainage facilities, including all expenses, shall be paid by the SHS-04-0096-YL Homeowners Association. In the event OWNER, successors or the SHS-04-0096-YL Homeowners, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if OWNER or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unstable, OWNER or successors agree to the following remedy; After thirty (30) days notice by registered mail to the Proponent or successors, The City of Yelm may correct the problem or maintain facilities as necessary to restore the full design for all costs associated with engineering and construction of the remedial work. The City Of Yelm may charge interest as allowed by law from the date of completion of construction. The City Of Yelm will place a lien on the property and/or on lots in the Property Owners Association for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Proponent or successors. 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 A. Section 4. The SHS-04-0096-YL Homeowners shall provide the storm drainage maintenance required in the residential Agreement to maintain stormwater facilities and to implement a pollution source control plan as recorded in Thurston County, Exhibit A Section 5. Approximate maintenance Schedule for Drainage System Component. This is attached in Exhibit D. EXHIBIT D MAINTENANCE PLAN SHS-04-0096-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. MILL POND ESTATES SECTION 1 - REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes and Swales) Drainage ,, System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M.S. Pipes ,, Sediment & Accumulated sediment that exceeds Pipe cleaned of all debris 20% of the diameter of the pipe. sediment and debris. M Vegetation Vegetation that reduces free All vegetation removed ~ movement of water through pipes. so water flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or (rusted, bent is causing more than 50% replaced. '' or crushed) deterioration to any part of pipe. M Any dent that significantly impedes Pipe repaired or flow (i.e., decreases the cross replaced. ,, section area of pipe by more than 20%). M Pipe has major cracks or tears Pipe repaired or allowing groundwater leakage. replaced. M,S Swales Trash & Dumping of yard wastes such as Remove trash and Debris grass clippings and branches into debris and dispose as swale. Accumulation of non- prescribed by City degradable materials such as glass, Waste Management plastic, metal, foam and coated Section. ~ paper. M Sediment Accumulated sediment that exceeds Swale cleaned of all buildup 20% of the design depth. sediment and debris so ~ that it matches design. M Vegetation not Grass cover is sparse and weedy or Aerate soils and growing or areas are overgrown with woody reseed and mulch bare overgrown vegetation. areas. Maintain grass height at a minimum of 6" for best stormwater treatment. Remove woody growth, recontour and reseed ~ as necessary. M Conversion by Swale has been filled in or blocked If possible, speak with homeowner to by shed, woodpile, shrubbery, etc. homeowner and incompatible request that swale area use. be restored. Contact City to report problem if not rectified voluntarily. A Swale does Water stands in swale or flow A survey may be not drain velocity is very slow. Stagnation needed to check occurs. grades. Grades need to be in 1% range if possible. If grade is less than 1 %, ,, underdrains may need to be installed. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M = Monthly (see schedule) S =After major storms Maintenance checklist for Energy Dissipaters Drainage ,, Frequenc System Conditions That Should Feature Re 'd Problem Conditions to Check For Exist A Rock Pad Missing or Only one layer of rock exists Replace rocks to design moved rock above native soil in area 5 square standard. feet or larger, or any exposure of ~ native soil. A Rock Pad Missing or Trench is not full of rock. Add large rock (=30 Ib. moved rock Each) so that rock is visible ~ above edge of trench. M Dispersion Pipe Accumulated sediment that Pipe cleaned /flushed. trench plugged exceeds 20% of the design with depth. `' sediment M Perforations Over 1/2 of perforations in pipe Clean or replace plugged are plugged with debris and perforated pipe. sediment. M,S Not Visual evidence of water Trench must be discharging discharging at concentrated redesigned or rebuilt to water points along trench (normal standard. Elevation of lip properly. condition is a "sheet flow" of of trench should be the water along trench). Intent is to same (flat) at all points. prevent erosion damage. M,S Water flows Maintenance person observes Facility must be rebuilt or out top of water flowing out during any redesigned to standards. "distributor" storm less than the design storm Pipe is probably plugged or catch basin or its causing or appears likely to damaged and needs cause damage. replacement. M,S Receiving Water in receiving area is Stabilize slope with grass area over- causing or has potential of or other vegetation, or rock saturated causing landslide. if condition is severe. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms 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 inletoutlet pipe or any inleUoutlet pipe. evidence of soil particles entering catch basin through ~ cracks. A Settlement / Basin has settled more than 1" Basin replaced or repaired misalignment or has rotated more than 2" out to design standards. of alignment. Contact a professional ~ engineer for evaluation. M,S Fire hazard of Presence of chemicals such as No color, odor or sludge. other pollution natural gas, oil and gasoline. Basin is dug out and clean. ~ Obnoxious color, odor or sludge noted. M,S Outlet pipe is Vegetation or roots growing in No vegetation or root growth clogged with inleUoutlet 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 INFILTRATION GALLERY The bottom surface of the biofiltration Swale shall be periodically inspected for build-up of sediment and debris. If the gallery begins to have standing water, especially after rainfall has ceased for several days, the infiltration facility may not be infiltrating properly and should be inspected. Bearing Mode Date Prepared: 1/21/2005 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Drawing: 2210spsl.dwg Date Prepared: 1/21/2005 Measurement Units: feet ---------------------------------------------------- SHSO4-0096-YL F3ov~vD,o •e y Bearing Distance Northing/Lat 8806.546 S 89 14'42" E 158.50 -2.089 8804.457 S _ 00 38'48" W 550.04 -550.005 8254.452 N _ 89 21'12" W 158.50 1.789 8256.241 N _ 00 38'48" E 550.34 550.305 8806.546 East 0.00 0.000 8806.546 Closure in Lat/Dep: 0.000 Starting Point: 8806.546 Fasting/Dep 8779.663 Start (POB) 158.487 8938.150 -6.207 8931.943 -158.490 8773.453 6.210 8779.663 0.000 8779.663 0.000 8779.663 Area: 87,205 ft2 2.002 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Drawing: 2210spsl.dwg Measurement Units: feet ---------------------------------------------------- SHSO4-0096-YL Lot 1 Bearing S 89_14'42" E S 00 38'48" W N 89 14'42" w N 00 38'48" E East Distance 158.50 137.55 158.50 Northing/Lat Fasting/Dep 8779.663 Start (POB) 158.487 -1.553 8938.150 8936.597 -158.486 8778.111 1.552 0.000 8779.663 8779.663 0.000 137.55 0.00 Closure in Lat/Dep: 8806.546 -2.089 -137.541 8804.457 8666.916 2.088 8669.004 137.542 0.000 8806.546 8806.546 0.000 -------------- Starting Point: 8806.546 Area: 21,802 ft2 0.500 Acres 8779.663 Area: 21,802 ft2 0.500 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 1/21/2005 Drawing: 2210spsl.dwg Measurement Units: feet SHS04-0096-YL Lot 2 Bearing S 00 38' 48" W N 89 14' 42" W N 00 38' 48" E S 89 14' 42" E East Distance 137.55 158.50 137.55 158.50 0.00 Northing/Lat 8666.916 -137.542 8529.374 2.089 8531.463 137.541 8669.004 -2.088 8666.916 0.000 8666.916 0.000 Fasting/Dep 8936.598 Start (POB) -1.553 8935.045 -158.486 8776.559 1.552 8778.111 158.487 8936.598 0.000 8936.598 0.000 Closure in Lat/Dep: Starting Point: 8666.916 8936.598 Area: 21,802 ft2 0.500 Acres Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 1/21/2005 Measurement Units: feet Drawing: 2210spsl.dwg ---------------------------------------------------- SHSO4-0096-YL Lot 3 Bearing Distance Northing/Lat 8529.374 8391.763 S 00_ 38'48" W 137.62 -137.611 N 89 14'42" W 158.50 2.088 _ 8393.851 N 00 38'48" E 137.62 137.612 8531.463 _ 8529.374 S 89 14'42" E 158.50 -2.089 East 0.00 0.000 8529.374 Closu re in Lat/De p: ----- 0.000 --------- Start ing Point: 8529.374 Area: 21,813 ft2 0.501 Acres Easting/Dep 8935.045 Start (POB) 8933.492 -1.553 -158.486 8775.006 1.553 8776.559 8935.045 158.486 0.000 8935.045 0.000 -------------- 8935.045 Lot Closures - Prepared using Survey/Civil Solutions for AutoCAD Bearing Mode Date Prepared: 1/21/2005 Drawing: 2210spsl.dwg Measurement Units: feet SHS04-0096-YL ~o-r' 4 Bearing ------------ -- Distance -------- Northing/Lat -------------- - Easting/Dep ------------- 8391.763 8933.492 Start (POB) _ S 00 38'48" W 137.32 -137.312 -1.549 _ N 89 21'12" W 158.50 1.789 -158.490 8254.451 8931.943 8256.240 8773.453 _ N 00 38'48" E 137.62 137.611 1.553 8393.851 8775.006 _ S 89 14'42" E 158.50 -2.088 158.486 East 0.00 0.000 0.000 8391.763 8933.492 8391.763 8933.492 Closure in Lat/D ep: 0.000 0.000 Starting Point: -------------- - 8391.763 ------------- 8933.492 Area: 21,789 ft2 0.500 Ac res