Project Rev & Correspondenceeturn Address
ity of Yelm
ami Merriman
O Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
1. Agreement Waiver of Protest and Special Power of Attorney
2.
3.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Michael McGraw
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
MC KENNA IRR TR L8 BLK 31 THAT PTN DAF BEG AT X ELN SSH#5- H N419.SF
W233F
Assessor' s Property Tax ParceUAccount Number:
64303100800
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CITY OF YELM AGR $35.00 Thurston Co. Wa.
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LID/ULID/LATECOMER)
U
THIS INSTRUMENT is entered into this ~ day of ~,. ~ , 20C ~; by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
"CITY", and ~~ 1ti ~~ t ~~ \~ ~.. _t~. .~~,,... `-fi`{ , c ' r,_ ~ ~~
hereinafter referred to as the "OWNER."
WITNESSETH:
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
Parcel #64303100800
MC KENNA IRR TR L8 BLK 31 THAT PTN DAF BEG AT X ELN SSH #5- H N419. 5F
W233F
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are
formulated for the joint participation of other affected owners.
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows:
1. The CITY will delay its requirement for the immediate participation by the
OWNER in the construction of certain utilities and/or street improvements, subject to
the conditions set forth hereinafter.
CITY OF YELM
t:\SPR Site Plan Review\05-0466 Firehouse Fitness\AgreementWaiverProtest.doc Page 1
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CITY OF YELM AGR $35.00 Thurston Co. Wa.
2. The OWNER will financially participate in the following utility andlor street
projects on an equitable basis with other affected property owners:
X Sanitary sewer system improvements;
Water system improvements;
Storm water system improvements;
X Street improvements;
X Street lighting improvements;
X Sidewalk improvements;
which improvements are more specifically described as follows:
Required improvements as listed in Site Plan Approval SPR-05-0466-YL
3. The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULID), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall
mean only those formal rights to protest contained within the LID, ULID or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the
right to object to the OWNER's individual assessment amount or latecomer charge or to
appeal to the Superior Court the decision of the Council affirming the final assessment
roll or latecomer ordinance and agreement, which rights are specifically preserved.
4. The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage holders,
lien holders or other person who may claim an interest in the property described
hereinabove, to accomplish the following: At such time as a Local Improvement District,
Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed
that would cause said improvements to be made available to the OWNER's property
described hereinabove, to execute a Petition on behalf of the OWNER for the creation
of such LID, ULID or Latecomer Ordinance and Agreement. This special Power of
Attorney is granted in consideration of the CITY executing this Instrument, and shall be
a power coupled with an interest which may not be terminated. This Special Power of
Attorney shall not be affected by the disability of the OWNER.
5. If the OWNER fails to perform in good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
CITY OF YELM
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CITY OF YELM AGR $35.00 Thurston Co. Wa. CITY OF YELM POA $32.00 Thurston Co. Wa.
thereon, or may pursue other equitable or legal remedies.
6. The OWNER hereby declares that
is/are the sole owner(s) of the property described herein and has/have full power to
commit said property to this Agreement, Waiver of Protest and Special Power of
Attorney.
7. This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns, transferees, and successors in interest.
8. For purposes of RCW 35.43.182, and any LID or ULID thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof. For
purposes of RCW 35.72 and RCW 35.91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective.
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written.
CITY ~F YELM OWNER
- City Adfninistrator ! ~'
STATE OF WASHINGTON )
ss.
COUNTY OF )
-,,
On this` day of ~~~~'~ ~ , 20,~~[, personally appeared before me \~?\~ `lam l ~~s i : ,. ~~ ~-„
to me known to be the individual(~an /or corporate officers described in and who executed the within
and foregoing instrument and acknowledged that r1C signed the same as ~~,, .,; free and voluntary act
and deed on behalf of themselves or as corporate officers of the named corporation with the full authority,
for the uses and purposes herein mentioned. _ _ - --
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Notary Public in and fbr the State
of, Washington, resi/d~ing at
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My commission expires: ? (,=, ~ ~j,-
CITY OF YELM
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Tami Merriman
From: Jim Gibson
Sent: Friday, March 17, 2006 10:01 AM
To: Grant Beck; Tami Merriman; Gary Carlson
Subject: Firehouse Fitness -Sewer Approval
Here is the approval from Thurston County for the Firehouse Fitness Center. I have placed a copy of this email in the civil
file.
Jim Gibson P.E.
City of Yelm, Development Review Engineer PO Box 479 YeIm,WA. 98597 Ph. 360.458.8438 Fx. 360.458.3144
jimg@ci.yelm.wa.us
-----Original Message-----
From: Randy Freeby [mailto:Freebyr@co.thurston.wa.us]
Sent: Friday, March 17, 2006 8:59 AM
To: Jim Gibson
Subject: Firehouse Fitness, Jim Coran
The proposal presented to us for a Fitness Center at 16910 SR 507 is acceptable to Thurston County Environmental
Health.
The proposal stated a use of 2 employees and up to 70 patrons per day with a projected flow not to exceed 225 gallons of
sewage per day based on water-use figures from a similar establishment. This projected use is consistent with expected
sewage flow figures from this type of establishment with no showers.
Therefore the only specific condition that we have related to the use of the onsite sewage system is that no showers be
allowed in the building.
When the establishment connects to the city sewer, we no longer will require a restriction to the waste water flow
City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
To: SPRC
From: Roberta Allen, Administrative Assistant
Date: February 16, 2006
Re: SPR-OS-0466-YL -Project Review Schedule for Firehouse Fitness
Attached is the application packet for the above referenced project. After your initial review of the information
submitted, if you need additional information from the applicant, please let me know as soon as possible. The
following is the tentative review schedule for the project.
February 16, 2006 -Notice of Application distributed -begin 15 day comment period.
March 8 & March 22 -SPRC project review. Department comments/conditions of approval for staff
report.
Approval letter completed.
I:\SPR Site Plan Review\OS-0466 Firehouse Fitness\Proj Rev Date Memo.doc
City of Yelm
~~/ \t~ Community Development Department
PO BOX 479
YELM, WA 98597
YELM 360-458-3835
WASHINGTON
NOTICE OF APPLICATION
Mailed on: February 16. 2006
PROJECT NAME AND LOCATION: Firehouse Fitness
16910 SR 507
LAND USE CASE: SPR-05-0466-YL
An application submitted by Jim & Rhonda Coran, PO Box 288, Rainier, WA 98576, for the above
referenced project was received by the City of Yelm on February 9, 2006. The City has determined the
application to be complete on February 13, 2006. The application and any related documents are
available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W., Yelm
WA. For additional information, please contact the Community Development Department at 360-458-
3835.
PROJECT DESCRIPTION: Use existing 8,000 square foot commercial building for fitness center.
ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION: Site Plan
Additional Information or Project Studies Requested by the City: None at this time.
No preliminary determination of consistency with City development regulations has been made.
At minimum, this project will be subject to the following plans and regulations: City of Yelm
Comprehensive Plan, Zoning Title 17 YMC, Critical Areas Ordinance Chapter 14.08 YMC, Storm Water
Drainage Design and Erosion Control Manual (DOE), International Building Code, State Environmental
Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the
Shoreline Master Program.
The City of Yelm invites your comments early in the review of this proposal. Comments should be
directed to Tami Merriman, Community Development Department, P.O. Box 479, Yelm WA 98597, 360-
458-3835.
THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON MARCH 3, 2006.
This notice has been provided to appropriate local and state agencies, and property owners within 300
feet of the project site. These recipients, and any others who submit a written request to be placed on the
mailing list, will also receive the following items when available or if applicable: Environmental Threshold
Determination, Notice of Public Hearing and Notice of Final Decision. If the proposed project requires a
City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else
requesting the decision in writing. Additionally, there will be a 14-day public comment period if an
environmental determination is issued. Opportunities for appeal occur within twenty one (21) days after
the date the environmental determination is issued. City Council decision can be appealed through
Superior Court. Appeals of site plan review decisions may be filed within 14 days of Notice of Final
Decision.
I:\SPR Site Plan Review\OS-0466 Firehouse Fitness\Notice of Application.doc
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