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Applications and Originals City of Yelm V ' z~.i,~' ... ~'~1 Community Development Department APPLICATION FOR SHORT PLAT Fee __~ Date Received ey ~ File No. S S '!1: -°i~ a~ Fee: $250.00 + $50.00 per lot (In addition, any professional service charges per Resolution #358) NOTE: ALL CURRENT AND DELINQUENT TAXES MUST BE PAID PRIOR TO APPROVAL. (ASSESSOR CAN PROCESS A SEGREGATION FOR PROPERTI' ASSESSMENT PURPOSES. A short plat is a request to subdivide property into nine (9) or fewer logs for the purpose of residential, commercial, or industrial development. No more than nine (9) lots ma~,r be created by short platting within any five-year period. A short plat is reviewed by the City's staff `or conformance with City subdivision standards and other regulations. The plat cannot be approved unless appropriate provisions have been made for public facilities, such as roads, sewer ~~nd water. A survey is required for the final short plat. Preliminary and final review will usually each take about 30 days. Unless appealed, the City Planner's decision is final. NAME OF PROJECT f~- ' S .S'~~.~-fy APPLICANT !. 4 ~ ' ~ C. Mailing Address -o - S City, State and Zip ! r, ~ ~Y' ~A `lam `~ Telephone~2 ~ >> ~-1(Z e z(~a EMAIL OWNER ~ ~- Mailing Address ~ v doh 53 ry City, State and Zip LG~CP y t~A Two 1 Telephone~:~~r~ Z-iIY- gZ~:v EMAIL ENG/NEER/ARCHITECT/OTHER /Y! L z e j~ ~ Mailing Address 1.Z ~ ~ f= • ~f~'~ i9 ~ . ~ c~tf e jc, f City, State and Zip dLu ~~~~~ ~V~ ~ ~ ~U ~ Telephone EMAIL SUMMARY OF REQUEST ~, ~~" ': ,l.e r~ ~ ( t~tv '} ~-~~ l~-~~ a PROPERTY DESCRIPTION General Location ~ 5 ~t~ 5 Site Address~((~2 6 ~~ s ~~~ f- Land Area (acres; Section Towns ip Range Assessor's Tax Parcel Number ~~ ~ I`~ ZI 3 © ~ Full legal description of subject property (attach separate sheet if necessary) I affirm that all answers, statements and information contained in and submitted with this application are complete and accurate to the best of my knowledge. I also affirm chat I am the owner of the subject site or am duly authorized by the owner to act with respect to this application. Further, I grant permission from the owner to any and all employees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect said property as reasonably necessary to process this application. I agree to pay all fe of the Citpt#ai:apply to this apF~lication. ~ .. l Signed ~- '"Date 1~ ~ d~ ~~ 105 Yelm Ae~enue West (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelnz, WA 98597 mmu~.ei.yelm.u~a.us PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1. Do the subdivision's lot sizes, proposed use, etc., c~~nform with the zoning of the property? Please explain. 2. Are any provisions proposed to minimize conflicts with neighboring land uses? Describe. 3. Is the site within 300 feet of any "critical areas" sucl- as wetlands or streams? 4. What provisions will be made for water supply? 5. What provisions will be made for sewage? 6. What provisions will be made for storm water and/or flood control? 7. What provisions will be made for streets, access arn1/or buses? 8. What provisions, if any, will be made for open spacE~ and/or recreation?_ 9. What provisions will be made for schools and school children? ATTACHM STS: ~~~ vi onmental Checklist (including $150.00 fee), for plats of four (4) or more lots. ~f~~'-T~ nsportation Impact Analysis (if applicable.) ~-FO(ail labels (8 %z x 11 sheet) of Property Owners within 300 feet (include Assessors Tax Parcel numbers and map.) ~"'/z X 11 vicinity map showing nearby property, streets, land uses, streams and other features. '-1~lap showing location and size of water mains, sewer, storm Hater facilities and other utilities ~d points of connection to existing systems. Preliminary Storm water Report and conceptual drawing. '' Copy of any covenants or restrictions that will apply. Grading plan for cuts and fills over 100 cubic yards. Ten copies of preliminary plat drawing(s), per YMC Section 16.12.030, not larger than 1$"X24". See attached checklist for required features and information. A reduced size copy of the plat not larger than 11"X17". U~~Tree and Vegetation Preservation Plan, per section 14.16.110 105 Yelm Auenue Wesi (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www.ci.yelm.wa.us CHECKLIST PLA~JNER USE ONLY Checke ~ by Date SUPPORTING DOCUMENTS (Submit one copy of each document) 1. A vicinity map, 8 %: x 11. 2. A map showing the location, size and elevation of all water mains, storm water facilities, sewers and other utilities at points of probable connection. 3. A preliminary drawing for water supply stating the source and general distribution system layout; for sewage and wastewater collection and treatment; and for storm water collection, release, drainage and treatment. 4. A copy of covenants or other restrictions applying to or proposed to encumber or be imposed upon the site. 5. A grading plan for any cuts and/or fills collectively exceeding one hundred cubic yards, exclusive of cuts and fills solely for streets or utilities. Such plan shall include the extent and nature of proposed cuts and fills and information on the character of the soil and underlying geology. 6. A description of any proposal for flood control facilities or improvements. 7. A description of any other proposed improvements such as pathways or recreation facilities. 8. Final drawings on disk in Auto Cadd format. PLAT MAP (Submit 12 folded blue-line prints -rolled not accepted;l Submitted v -~/~ -~ 1. The plat datum, north arrow, date and scale at one inch equals either fifty feet, one hundred feet, two hundred feet, or, for large lot subdivisions only, four hundred feet. 2. The boundary lines of the property to be divided. 3. The boundaries of existing adjacent or internal lots, blocks and streets shown with dotted lines. 4. Current and proposed zoning of the site to be platted and of the surrounding land for a distance of three hundred feet. 5. The location and direction of all existing and proposed watercourses, lakes and streams and the location of all areas subject to flooding. 6. The location of other natural features such as rock outcroppings and marshes. 7. The boundaries of any natural resource lands or critical areas as defined by the city. 8. Existing and proposed uses of each lot, including location of all existing structures. 9. Boundaries and proposed use of lands to be reserved for the common use of property owners within the subdivision or of other private organizations. 10. Location and type of existing and proposed street lighting. 11. Location of any wells and underground storage tanks within two hundred feet of the proposed subdivision. 12. Location of any trees and natural features and whether they are to be preserved. 13. Current and proposed zoning boundaries. 14. The location and size of all existing sewers, water mains, culverts and other public or private underground installations within and adjacent to the subdivision. 15. Location, widths and names of all existing and proposed streets, sidewalks, railroads, power lines, telephone lines within or adjacent to the proposed subdivision. 16. The grade and curve radii of curves of existing and proposed streets within the plat boundary and within three hundred feet of the subdivision. 17. The layout and dimensions of existing and proposed street and alley rights-of-way, utility and access easements and lots and blocks. 18. The location of other significant features such as city limits, section lines and section corners. 19. Existing and proposed contours of the proposed subdivision for a distance of fifty feet beyond the boundaries of the proposed subdivision at two-foot contours for slopes less than five percent and five-foot contours for steeper slopes. 20. Existing and proposed survey and elevation monuments. 21. The boundaries and purpose of parcels of land intended to be dedicated or temporarily reserved for public use, or to be reserved for common use of property owners or resident of the subdivision, along with any conditions or limitations of such dedications or reservati~>n clearly indicated. (Ord. 436 (part), 1992.) . DRAFTING STANDARDS 1. Clearly and legibly drawn in permanent black ink. (Original only.) 2. Scale shall be between one inch equals fifty feet to four hundred feet; the appropriate scale to be determined by the Public Works Director; lettering must be a minimum of 3/32", high perimeter of the plat must be depicted with heavy lines. 3. 18 X 24 inch sheets. 4. Marginal line (3" left margin %" margin on the remaining sides.) 5. Index required for more than two sheets. 6. The plat title, date, scale, quarter-quarter section and north arrow shall be shown on each appropriate sheet of the final plat. 7. All signatures must be original in permanent black ink. 8. Owners name must be printed beneath signature line. Missin 105 Yebn Avenue West (360) 458-3835 PO Box 479 (360) 458-3144 FAX Yelm, WA 98597 www.ci.yelm.wa.us ~ F THEPA a CITY OF , ~ d ~ YELM P.O. Box 479 Yelm, WA 98597 _, 360-458-8403 RECEIVED k "iCUR HU~+DFEu L IL++AKti SC 4~(_'! Cr iV'?S RECEIVED FROM DATE REC. NO. DGR C'A;;ITAL I~~C i ~ /01 /~'-5 39031 PO BOX ~ 3rs<~ LACEY, 5.7A 95509 BliDGETAf?Y Cn.YSTAi~ SPRINGS RD RECEIPT No. 3 9 0 31 AMOUNT REF. fJO. 400.00 CHECi~ 2575 T ~HORT _ ~r i Vl ~ I I C ~~ ~oo¢~ ~~$~X~~ ~ 1 0 .~ N > r~1 ~ o ~ m ~ ~ ~ g ~ ~g~ m ~ r-1. ~ ~m<~3 ~ o ? ~ N ~° ; ~ ~ ` ~ "~~ ~ ~ O ~ ~ ~ z z z ~~ ~~ ~ ~A ~ 8N~~ ' y r- Z ~ " = o G7 m v C~ N z to m v DN ~ ~ ~ ~~ n Am 0 mp Z. ~ D A m m p ~ m rr77 rr !~ ~ z A O D -i ~ zN A~ ° N m~ w~v ~ pm NO> pUp ~ ~~ p~~ O v (..i< v~ Z N ~ m~ 'Z ~m "~o n m o ~~ D~ NOD ~x~ ~ cZi~ r-m ~ ~ o o ~y r ~ cnD o r O rD mn v S cnm S A ~ min a Ao z m ~ ~ Dr ~p ~ ~ ~ ~N ~ N N 31 ~ J ~ r ~ ON N N ~ ~ D -. O Z ~ ~ °o Z y O N ~ O i ~ O D t`'"t > a N ~KN g ~~s =s o K Z ~~ ~ 730.99'(C) 5~~~# w ~i ~ 8~~ m ~ 8 z m ~ _ O\ ~+ 1 ~ ,. V ~ ~ DI V 17 4`" ~~o ~;~o aZO °zo m mm _ -ZiG)m ~~m 5 mxv Dxo ~I ~~~ ~~~ ~ ~ xz x°z ~ °o ~ p°o 00 00 o~ orb 1 oz vZ ~~ 6)(x/1 ~ A Cn ()t rn CRYSTAL SPRINGS RD. S.E. EX. 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I O ~ --77 D L i I `~ ~ r-~ ~ v _ 2 I _ ~ O S ` !~ Lo I ~ o x (W v -~ I~ z I ~ v ~ ~~ _ ~I I ~ Z ~ I o ~ _ ~' I~' Z ~ ~ ~ Z I--+ - `' Ir; I _~ ~ ~ m cnii ~ J -~ ~ ~f. I u ~ cn p ~ Z ~ ~ ` I I N> ~ ~ ~ ~ Z .. ~' ~ ~~r~ 1 1 ~ 1 m x ~ ~ ~ ~ ~ m ~f1~ °~ ~ '. z ~ ~u o c ~ g o y ~~ ~ '{ i V A ~ ~ m ~ y_y~~~ n r Z ~ . v x ~ z $ `i ~ v I ~ ~ ~ c To O ~ ~ ~ ~ n ~ ~g~~x ~s to O (A(~~s `~`8 yoy T L ~ ~ r D ~~ / ~ OC l~ fd~~s~ N S in$ cn I*1 4 /n~ ~ ~ u Z A ~~~ ~ ~ rn N cv i z ~ ~°,.. a ~n u ~ '1111 r 9 ~ .Sheet Contents 1 INITIAL SUBMITTAL 10/20/05 ~ y Q ~ vy' x a Il~~i 70 ~ ~ II ~ ~ PRELIMINARY SHORT PLAT ~ -. -, ~ ~ `~ ~ ~ o Illlii~ ~ ~z`~ ~v~ C ~ ~ Project @ O O ~ -j G1 C h o Crystal Springs Short Plat ~ ~ ~ ~ ~ A ~ ~ o ~ ~~II "' DGR CAPITAL ~ t~ ~o ~ -°~ ~ ~ R" > II P.O. BOX 5380 ° °A w ago ~ ~ ~] C LACEY, WA 98509 REV REVISION DATE. ~ A b. ~ ~ ~ d d (I~ COMMTIMENT FOR TITLE INSURANCE CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY, a Missouri corporation, herein called the Company, for a valuable consideration, hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered hereby in the land described or referred to in Schedule A, upon payment of the premiums and charges therefore; all subject to the provisions of Schedules A and B and to the Exclusions from Coverage (appearing herein) and to the Conditions and Stipulations hereof. This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company. In Witness Whereof, CHICAGO TITLE INSURANCE COMPANY has caused this commitment to be signed and sealed as of the date of policy shown in Schedule A, the policy to become valid when countersigned by an authorized signatory. Issued by: CHICAGO TITLE INSURANCE COMPANY CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVENUE SE SUITE D1-B By' OLYMPIA, WA 98501 `~~/~ ~~ (360) 456-7878 r/~11 _ President ~~fi~~Ra o,a ~r~>>'o zt ~€.. J2 By: ~ °~ SEA ~~ ,~ ~**~ Secretary CONDITIONS AND STIPULATIONS 1. The term "mortgage," when used herein, shall include deed of trust, trust deed or other security instrument. 2. If the proposed Insured has or acquires actual knowledge of any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect, lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability previously incurred pursuant to paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof, or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions, the Conditions and Stipulations, and Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured where are hereby incorporated by reference and are made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. EXCLUSIONS NOTE: THE FORM OF POLICY. COMMITTED FOR MAY BE EXAMINED BY REFERENCE TO FORMS ON FILE IN THE OFFICE OF THE INSURANCE COMMISSIONER OR BY INQUIRY AT THE OFFICE WHICH ISSUED THIS COMMITMENT. The Exclusions from Coverage referred to in Paragraph 3 of the Conditions and Stipulations are as follows: ALTA OWNER'S POLICY FORM 10-17-92 The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; of (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regula- tions, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the ~ estate or interest insured by this policy. CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A Order No.: 2039880 Customer Number: GAY/DGR CAPITAL Buyer(s): DGR CAPITAL INC . Title Unit: 00144 Phone: Fax: Officer: OLYMPIA ESCROW Commitment Effective Date: JUNE 9, 2005 at 8:00 A.M. 1. Policy or Policies to be issued: PREMIUM APPLICABLE BETWEEN $240,001.00 - $260,000.00 ALTA Owner's Policy Amount: $ 2 5 8, 0 0 0.0 0 1992 STANDARD Premium: 720.00 SHORT TERM RATE Tax: 60.48 Proposed Insured: DGR CAPITAL INC., A WASHINGTON CORPORATION Policy or Policies to be issued: ALTA Loan Policy 1992 EXTENDED Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $ 0. 0 0 Premium: TO FOLLOW Tax: Amount: $ 0. 0 0 Premium: Tax: 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: RANDY LEE GAY AND TAWNYA M. GAY, HUSBAND AND WIFE 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT coMtotnaoa/z r CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE A (Continued) Order No.: 2 03 9 8 8 0 Your No.: GAY/DGR CAPITAL LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) LOT 1 OF SHORT SUBDIVISION N0. SS-8173 AS RECORDED JULY 18, 1986 UNDER RECORDING N0. 3041632. IN THURSTON COUNTY, WASHINGTON CLTACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B Order No.: 2 03 98 8 0 Your No.: GAY/DGR CAPITAL Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same aze disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of pazties in possession not shown by the public records. B. Encroachments, overlaps, boundazy line disputes, or other matters whichwould be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which aze not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction chazges for sewer, water, electricity, other utilities, or garbage collection and disposal. G. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appeazing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTACOMB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 0 02 03 9 8 8 0 Your No.: GAY/DGR CAPITAL SPECIAL EXCEPTIONS a 1. LIEN OF REAL ESTATE EXCISE SALES TAX UPON ANY SALE OF SAID PREMISES, IF UNPAID. TAX RATE = 1.530. B 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: GENERAL & SPECIAL TAXES: c 0 2005 2271 92 10300 170 $ 34,650.00 $ 115,800.00 BILLED: $ 2,020.24 PAID: $ 0.00 UNPAID: $ 2,020.24 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY:. AMOUNT: DATED: RECORDED: RECORDING NUMBER: LOAN NUMBER: RANDY LEE GAY AND TAWNYA M. GAY, HUSBAND AND WIFE RAINIER TITLE HOME LOAN EXPRESS $ 140,000.00 AUGUST 07, 2003 AUGUST 12, 2003 3562090 999600502 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 4. THE PROPOSED~DEED OF TRUST OR MORTGAGE MUST BE AUTHORIZED BY RESOLUTION OF THE DIRECTORS OF DGR CAPITAL INC., A WASHINGTON CORPORATION, AND A COPY SUBMITTED. CLTACMBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Order No.: 2 03 98 8 0 Your No.: GAY/DGR CAPITAL SPECIAL EXCEPTIONS n 5. RIGHT TO MAKE NECESSARY SLOPES FOR CUTS OR FILLS UPON PROPERTY HEREIN DESCRIBED AS GRANTED IN DEED: GRANTEE: RECORDED: RECORDING NUMBER: a F c CITY OF YELM JUNE 19, 1986 8606190138 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PURPOSE: AREA AFFECTED: RECORDED: RECORDING NUMBER: CITY OF YELM CONSTRUCTING, MAINTAINING, REPAIRING, ALTERING OR RECONSTRUCTING A SANITARY SEWER COLLECTION SYSTEM A PORTION OF SAID PREMISES JANUARY 07, 1994 9401070222 7. TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN SHORT SUBDIVISION N0. SS-8173: RECORDED: RECORDING NUMBER: JULY 18, 1996 3041631 8. COVENANTS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN SHORT SUBDIVISION N0. SS-8173 MAP, RECORDED UNDER RECORDING NUMBER 3041632. 9. MATTERS DISCLOSED BY SURVEY RECORDED UNDER RECORDING NUMBER 3041632, AS FOLLOWS: FENCE LINE DOES NOT CONFORM TO PROPERTY LINE s NOTES: s NOTE A: CLTACMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 2 0 3 9 8 8 0 Your No.: GAY/DGR CAPITAL SPECIAL EXCEPTIONS THE FOLLOWING MAY BE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64.04. SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT: LOT 1 OF SS-8173 x NOTE B: MATTERS DEPENDENT UPON OUR INSPECTION HAVE BEEN CLEARED TO PROVIDE AN EXTENDED COVERAGE LENDER'S POLICY. GENERAL EXCEPTIONS A THROUGH H, INCLUSIVE, ARE HEREBY DELETED. L THE LOAN POLICY PREMIUM SHOWN HEREIN IN SCHEDULE A INCLUDES A $50.00 INSPECTION FEE. M NOTE C: COUNTY RECORDS INDICATE THAT THE ADDRESS OF THE IMPROVEMENT LOCATED ON SAID LAND IS: 916 CRYSTAL SPRINGS ROAD NORTHWEST YELM, WASHINGTON 98597 END OF SCHEDULE B 0 GOL/SM CLTt1CMB2/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.TA. COMMITMENT SCHEDULE B (Continued) Order No.: 2 03 9 8 8 0 Your No.: GAY/DGR CAPITAL SPECIAL EXCEPTIONS P THE FOLLOWING PARTIES HAVE BEEN SENT A COPY OF THIS COMMITMENT: CTI/LORI A. SHIPMAN LORI SHIPMAN 3/1/1 (360)456-7878 WINDERMERE REAL ESTATE CHERYL NEVILS 1/0 (360) 458-3855 WINDERMERE REAL ESTATE CHERYL NEVILS 1/0 (360} 458-3855 CLTACMB2/RDA/0999 a r b °kP~~l ~agy~ ~k~k i Rx`~~ 1 Q{A~ f C 'r ~ , ~ V ~ .,. ~Y ~ 't; Q ~ , ~., z I `' ~ I '~ ~b ~~ 6~ ~~y A I ~~ a~~ 1~ ~ ~" ------ 1 u 1 x~t i r iFp G 'i ~ ~~ a ~ o ,~ i ~~ 1 9, g d 65y6 "' 0 :l MM+ °'_~3 Lvt~~ A~~~ ~~~~ Mg11 ~~~~ ~~~ ~~~~ D m d C•~ .; '~. ~ • w . -~ Y .., b. :, ~. ~ ~ ~ i. tl ~ tl tl ~~ - G w ti n ~ T ti ti y >pp DOC rr^^ ~~~~~ vJ ~~~~Qs n ~~~~~ ~ ~N'L ~z~ `U ~b~R~~ ~ ~ ~w~~ , ~ ~£ ~ a~,~gr 2~~~~~ ~o ~~~ U ~~~~~~ ~ N~~~~~ r ~~~" ~~ ~I tii ~n M y N O N .V. N W 0 0 ~.O "1 y o }'1 w' .~ sgv,~ ~ ~~ ~ ~ ~~~z~ ~az4 ~~~' o ~~~~~ r \ ~~ ~ ~ a 4 ~ ~~~~~ ~~ ~~ ~ ~~ ~ ~~~~~' 3 g , ~ ~ ~ ~ ~~~~ ~~ ~~ ~ ¢~ ~ ~y ~ a~~ x~ o ~ ~ ~ ~ ~ ~~ X ~~t~~ ~~~% ~ ~ CRYSTAL SPRINGS ROAD 5. E. ,, \, #' ~~ 1 Y ~~ ~~ Z~ i 1 1 ~ 4.. EXCLUSIONS (Cont'd.) 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. ALTA LOAN POLICY FORM (10-17-92) The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses which arise by reason of: 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separa- tion in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encum- brance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy (except to the extent that this policy insures the priority of the lien of the insured mortgage over any statutory lien for services, labor or material); or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the insured mortgage. 4. Unenforceability of the lien of the insured mortgage because of the inability or failure of the insured at Date of Policy, or the inability or failure of any subsequent owner of the indebtedness, to comply with applicable doing business laws of the state in which the land is situated. 5. Invalidity or unenforceability of the lien of the insured mortgage, or claim thereof, which arises out of the transaction evidenced by the insured mortgage and is based upon usury or any consumer credit protection or truth in lending law. 6. Any statutory lien for services, labor or materials (or the claim or priority of any statutory lien for services, labor or materials over the lien of the insured mortgage) arising from an improvement or work related to the land which is con- tracted for and commenced subsequent to Date of Policy and is not financed in whole or in part by proceeds of the indebtedness secured by the insured mortgage which at Date of Policy the insured has advanced or is obligated to advance. 7. Any claim, which arises out of the transaction creating the interest of the mortgagee insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: (i) the transaction creating the interest of the insured mortgagee being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the subordination of the interest of the insured mortgagee as a result of the application of the doctrine of equitable subordination; or (iii) the transaction creating the interest of the insured mortgagee being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor.