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Recorded DocumentsMemorandum To: Interested Parties From: Nisha R. Box, Assistant Planner Date: February 13, 2007 Re: SUB-03-8340-YL Cherry Meadows Subdivision Enclosed please find the final recorded documents for Case Number SUB-03-8340-YL, Cherry Meadows, a 200 single family lot subdivision, located between Killion and Cullens Road SE. If you have any questions, please call me at 360-458-8430. Nisha R. Box I:\SUB Full Plat Subdivision\03-8340 Cherry Meadows -Findlay\Final\dist final plat memo.doc Distribution of Final Plat Recorded Documents: Name Full Size 11 x 17 O=Original C=Co Shell _ . ..,........ ..e.._w.... ..._._~.-__...... _.._.._....X.....__.. ___-_~ , .Police..Chief-----.--__.__..........-s.__ . ___..._..__..-..__ _....._....X...___--- --_-__. BarkBs~.n e..._..._....._....___......_.__.. ._..._ _.____._. _ ._ ___ __X.__. _ _ ~~uldi,n Offici~l._ ..............__._.. . ______,. _..._._. .__.......X. __.___ ._..___.___ Cit En in~~er...___,_....-~-_.___ ._...... _---.-- Fire. District __ X_. _._ __. ..______...._, -Fire District _ - _ .X ._ . . .__._._ _.______- Public Works.Proj mgr.. __._...X_...__ ...._.X_..__..._. _CoP~~ all O-Bill of Sale O-Warrant YCOM ___ _ _ _ _ ....-. _.. PSE. _ _ X _ ...._ Thurston Co. Com ~: ,. X _ . _.~ Yelm Comm.--S-choois , _...... . -- X .._ _ _. Lema . _ _ . _ _. __ -- ~k~RS-_.. _. ..._ _ _... ~._....~... ._.__.___ ster..._._.....__.._.__._._ ..._.._ ._. ....._....__ .. X Yelm Chamber -X...._..-_ ._-----_-..._.__~.~ Applicant _ . ,__ . _ . X . __ X.._......_. _ C°_pies._of .~1.!_._..~. A licants.En ' eer-_--___._._.. _ .............__. X Project File X X All Originals BOS&War to PW Plat File X X Co ies of all Copies to be made: 11x17 - 20 CCR's - 3 Bill of Sale - 3 Stormwater - 3 Warranty - 3 Subdivision Guarantee - 3 h1If1 ~~T~'Ti1r7I1 1 ill,tl"'x[021 ;~Y11I1tF' .y%1~lfol' f~ec~ipt; 326700 >,:x:* xFl'~~ZI~ i:' *~^M Rr.Pi~i~T,1, Mx*K P.E:PRI'~'T ~ ~K ~: I'a~o~S~~~ "ti~Ya~~ F~~t~r- z1~ri ~"~l_.7 T,~ ='~,1 GC~111 x'1.1: [~ ~~9.~;~~7 ' ~ ~~' -•,tr ~ 1 T?oclunent #~ _ir399-1Et8 :^~ ii ~~ '~1i:~.ceilazreous ,3~s.r)0 =. Pates i~i_ ClUT16rTT +~ ~ Sy )~ ~y 1 ^,1\St\. ,~I~C'CITi C11Y q 1l )(I gyp.^_ .~ r Pates rioCilSrrell[ =~ 3899~1'(i ~:li~t("' '1.1i~c:;;L~lI1CC_it_1S ~~,ri(? 'Y 2~ i1~ ~ u ~O("USTIBllt ~ 3$99?j t`i}~' C~,venz121~ ~6i (}~_ ,. ~~,, 3~ L~o~wneTU 3899-1''2 Pi_,_;'C Pilt $I73.Ctli ~)~~_~!~t~ent a 3899=x'73 .....;'artticate *r~,rrithe } es ~r;~xsurer" f,~_i(~:~ iltC 101' Plr1.+: hV1i(lo ~llfJ ~.:~ ~ f~~r C"erne[ ary i i Plot ~. tir 7lev fL'~1'LTlll y') li Plat Copies (Ciz~ G Jlri_ diix ion IBL;.4 sir ~~i r•P ~ i/ IT13) _~ 1 r' ~~~- (("i ~. Pam ~ s ,~.1:~PI i ,~? ~; ..';- Tldl~ ~ '~~pies ~ ~6.CiC Pa~;,s 8 VI,~.F'~t`_}phi l3-Trltli? (~+:~t~lE'v ~~~.Uti j ~% 1 15{ 1 7 ,M P~~~ a t~>11~1~~~ Pales g i"~esi 11x1?`i Rei::or~u:cl L?~~t.uTlenc ;'o~~~ie,s 8 'vliscell~teous C'olres u l'~T~TZ i~5-011ictil ~S.l)U eturn Address City of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Michael R. Mastro 2. Cherry Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE 1/a, and the NE '/4 of the SE I/4 of S 13, T 17N, R 1 E, WM. Parcels B, C, D and E of Boundary Line Adjustment BLA-040017YL as recorded under Thurston County Auditor's file NO. 3623825. Assessor's Property Tax ParceUAccount Number: 21713440300,21713440000,21713440100,21713440200 3899468 Page 1 of 18 02/01/2007 X4:01 PM Rgreement Thurston County Washington MIKE MRSTRO IIIIIII III IIIIII III IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII (III IIII RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN CITY OF YELM, A Washington Municipal Corporation, ITS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "JURISDICTION' and MICHAEL R. MASTRO HIS HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "DEVELOPER' The upkeep and maintenance of stormwater facilities and the implementation of polhition source control best management practices (BMPs) is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION: PLAT OF "CHERRY MEADOWS'; PER MAP RECORDED UNDER AUDITOR'S FILE NO. ~ ~ ~ ~j 1P~7~~ IN THURSTON COUNTY, WASHINGTON. Whereas, the DEVELOPER has constructed improvements, including but not limited to, buildings, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction to ensure the protection and enhancement of water resources, the Jurisdiction and the DEVELOPER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. 3899468 Page 2 of 18 ©2101/2©07 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII III III IIIIII IIII IIII III I VIII VIII VIII II I IIII IIII DEVELOPER SHALL: (1) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by appointment at: 51o RainierAvenue south. Seattle WA 98144 The log book shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow-up actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected as specified in the attached instructions or more often as necessary. The DEVELOPER is encouraged to photocopy the individual checklists in Attachment "A" and use them to complete its inspections. These completed checklists would then, in combination, comprise the log book. (2) Submit an annual report to the Jurisdiction regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum, the following: (a) Name, address, and telephone number of the businesses, the persons, or the firms responsible for plan implementation, and the person completing the report. (b) Time period covered by report. (c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the log book, with any additional explanations needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoice for services. (d) An outline of planned activities for the next year. (3) Execute the following periodic major maintenance on the subdivision's stormwater facilities: sediment removal from ponds, managing vegetation in wet ponds, resetting orifice sizes and elevations, and adding baffles. THE JURISDICTION SHALL: (1) Maintain all stormwater system elements in the public right-of-way, such as catch basins and pipes. 3899468 Page 3 of 18 ©hu©sto0©Count©,Washin9tonRgreement MIKE MASTRO IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (2) Provide technical assistance to the DEVELOPER in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request and as Jurisdiction time and resources permit. (3) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with the DEVELOPER. (4) Review this agreement with the DEVELOPER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the Jurisdiction shall give the DEVELOPER notice of specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, written notice will be sent to the DEVELOPER stating the Jurisdiction's intention to perform such maintenance and bill the DEVELOPER for all incurred expenses. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in Remedies (1), above, shall be required under such circumstances. All other DEVELOPER'S responsibilities shall remain in effect. (3) The DEVELOPER grants unrestricted authority to the Jurisdiction for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The DEVELOPER shall assume responsibility for the cost of maintenance and repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the Jurisdiction in the preceding section. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgements. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest, or any part 3899468 Page 4 of 18 02!01!2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO I IIIIIII II IIIIII III III II VIII III IIIIIII VIII IIII II VIII VIII VIII III VIII IIII IIII thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. Date: Date: ~~ COUNTY OF )s.s. is/are the pers2sfi(s) who appeared before me, and that said person(s) acknowledged that he/she/they signed this instalment and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the inst eat. Given un~er my hand and official seal this day of , 20(~. Notary Public in an or the State of Washington, ,~'~ ~''~~~ i ~pTA~y t Printed name: ~ lfl { ~ s ~ t residing at: __~~~~~;(~ `~ V ' . 1 .';r • My commission expires ~ 1~ ~ W~ 3899468 Page 5 of 18 02!01!2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO I (IIIIII III IIIIII'III IIIIII (IIII (III )IIIIII IIIII IIII II'I IIIII IIII IIIII IIIII IIIII IIII IIII 8. Michael R. Mas o STATE OF WASHINGTON ) )s.s. COUNTY OF THURSTON j I certify that I know or have satisfactory evidence that and said person acknowledged that is the person who appeared before me, signed this instrument, on oath stated that was authorized to execute the foregoing instrument and acknowledged it as the free and voluntary act and deed of said Municipal Corporation for the uses and purposes mentioned in the instrument. Given under my hand and official seal this day of Notary Public in and for the State of Washington, Printed name: residing at: My commission expires APPROVED AS TO FORM: 200_ 3899468 Page 6 of 18 02!0112007 04:01 PM Rgreement Thurston County Washington MIKE MASTRO VIII I IIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII I III VIII I I VIII VIII IIII IIII QUICK LIST The following list is an abbreviated checklist of the most common types of maintenance you should have to do. Please try and go over this checklist after heavy rains. This is a bare minimum and should be done in conjunction with the other checklists in order to make your maintenance program effective. ^ Check catch basin grates to see that they are not clogged or broken. Remove twigs, leaves, or other blockages. Replace the grate if it is broken. ^ Check inlet and outlet pipes for blockages. Clear all blockages. ^ Check berms and pond walls for erosion or caved in areas. Contact for guidance. ^ Check rip rap rocks at the inlets and outlets. If they are silted in or eroded away, replace them. 3899468 Page 7 of 18 02/01/2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO I IIIIIII III I I IIII I III IIII III IIII I III I III III III I VIII II I VIII III IIII IIII MAINTENANCE CHECKLISTS The Maintenance Checklists in this packet are for you to use when checking the stormwater facilities in your neighborhood. This packet has been customized so that only the checklists for your facilities are included. If you feel you are missing a checklist, or you have additional facilities not identified or addressed in this packet, please contact your developer or local jurisdiction. The checklists are in a table format for ease of use and brevity. Each checklist tells you what part of the feature to check, how often to check, what to check for, and what to do about it. Log sheets are included toward the end of the chapter to help you keep track of when you last surveyed the storm drainage system. Although it is not intended for the maintenance survey to involve anything too difficult or strenuous, there are a few tools that will make the job easier and safer. These tools include: • A flashlight. • Along pole or broom handle. • Some kind of pry bar or lifting tool for pulling manhole and grate covers. • Gloves. A listing of resources is included in the next Chapter. Here you will find the phone numbers of the agencies referred to in the tables, as well as the contractor and consultants that designed and constructed your facilities. SAFETY WARNING: Due to OSHA regulations you should never stick your head or any part of your body into a manhole or other type of confined space. When looking into a manhole or catch basin, stand above it and use the flashlight to help you see. Use a pole or broom handle that is long enough when you are checking sediment depths in confined spaces. NO PART OF YOUR BODY SHOULD BREAK THE PLANE OF THE OPEN HOLE. 3899468 Page 8 of 18 02!01/2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Ponds There are essentially three kinds of ponds: treatment ponds, infiltration ponds, and detention ponds. Although each pond has unique maintenance requirements, there are also many things they have in common. Part of When to Check What to Check For What to Do Pond to it Check Entire Pond Quarterly Dumping of yard wastes such as grass Remove trash and debris and dispose of clippings and branches into basin. Presence of properly. glass plastic metal foam and coated a er , , , , p p . :~mroi'm'fli.-i~ri=r Entire Pond Quarterly Any vegetation which may constihcte a hazard Remove invasive or noxious vegetation. to the public, such as tansy ragwort, poison Do not spray chemicals on vegetation oak, stinging nettles, devilschcb. without obtaining guidance from WSU Cooperative Extension and approval from the Cit or Coimt . Entire Pond Quarterly Presence of chemicals such as natural gas, oil, First ,try and locate the source of the and gasoline, obnoxious color, odor, or sludge. pollution. Then call the Moderate Risk Waste program at Thurston County Environmental Health to report the hazard. Entire Pond Quarterly Sparse, weedy, or overgrown grass in grassy For grassy ponds, selectively thatch, (dry/infiltration) ponds. Presence of invasive aerate, and re-seed ponds. Grass species or sparse growth of plants in wetland should be kept under 8 inches high. ponds• For wetland ponds, hand-plant nursery-grown wetland plants in bare areas. Contact WSU Cooperative Extension for guidance on invasive species. Pond bottoms should have uniform dense coverage of desired lant s ecies. Entire Pond Quarterly Any evidence of rodent holes if your facility is Destroy rodents and repair the dam or acting as a dam or berm. Water should not be berm. Contact the Thurston County able to flow through rodent holes. Health De artment for iidance. Entire Pond Quarterly hnsects such as wasps and hornets interfering Destroy or remove insects. Contact with maintenance activities, or mosquitoes WSU Cooperative Extension for becomin ~ a nuisance ~~iidance. Entire Pond Amnually Ensure that trees are not interfering with Prime tree limbs to allow for mailtenance (i.e, mowing, silt removal, or mailtenance. Some trees maybe cut access.) for firewood. Inlet Annually Make sure that the rip rap Lander the inlet pipe Replace rocks or clean out sediment. is intact and that no native soil is ex osed. p Also check for accumulations of sed mient more than % the height of the rocks. Outlet Quarterly The bar screen vver the outlet should be intact Replace screen if it is not attached. and clear of debris. Water should flow freely Remove any trash or debris and dispose through the outlet pipe. of properly. Clean out the end of pipe if necessary. i~tfe~rtie~r. Side Slopes Annually Check around inlets and outlets for signs of Try and determine what has caused the erosion. Check berms for signs of sliding or erosion and fix it. Stabilize slopes b settling. Action is needed where eroded y reinforcing the slope with rock, damage is over 2 inches deep and where there planting grass, or compacting the soil. is potential for continued erosion. Contact WSU Cooperative Extension for uidance on slo e reinforcement. Storage Annually Check to see if sediment is building up on the Clean out the sediment and re-seed the Area pond bottom. A buried or partially buried pond if deemed necessary to improve outlet structure or very slow infiltration rate infiltration and control erosion. E-ext-ae~ probably indicates significant sediment - - - 3899468 Page 9 of 18 02/01/2007 04:01 PM Agreement Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII t~e~ Dikes Aiulually Any part of the dike which has settled Build the dike back to the original si nlificantly. elevation. Emergency Annually Check to see that the rip rap protective area is Replace rocks so that all native soil is Overflow/S intact If any exposed native soil is present you covered. illwa should re air it. Emergency One Time Side of pond has no rip rap protective area to A rip rap spillway should be installed.- Overflow/S prevent erosion during emergency overflows. pillway - ~~ '~-- ~~~-- for guidance. If the facility is less than two years old, this should be the contractor's res onsibility. Sediment Quarterly Ensure that sediment and debris do not Clean out the sump area. Trapping obstruct water flow into the infiltration area. Area Sediment One Time Stormwater should not enter the infiltration Add a sediment trapping area by Trapping Area area directly without some method of settling out solids. constructing a sump for settling of solids. This settling area shoul~ be separate from the rest of the facility. Contact ...:..:..:... for technical assistance. If the facility is less than a year old, this should be the contractor's responsibility. 3899468 Page 10 of 18 02/01/2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII III IIII VIII VIII II II VIII VIII IIII IIII Catch Basins and Inlets These structures are typically located in the streets and public rights-of-way. Local jurisdictions are responsible for routine maintenance of the pipes and catch basins in rights-of-way, while the homeowners association is responsible for keeping the grates clear of debris in all areas as well as pipes and catch basins in private areas. Part of Catch When to What to Check For What to Do Basin to Check it Check Catch basin During and after Trash or debris accumulating in front of the Remove blocking trash or debris opening major storms catch basin opening and not allowing water to with a rake and clean off the grate. flow in. Catch basin Quarterly Sediment or debris in the basin should be kept Clean out the catch basin of under 50% of the depth from the bottom of the sediment and debris. Contact yetre pipe to the bottom of the basin.. Lse a long stick or broom handle to poke into sediment -~~ '~--~• =~-- for technical and determine depth. assistance. Inlet and outlet i Quarterly Trash or debris in the pipes should not be more Clean out inlet and outlet pipes of p pes than 1/5 of its height. Also, there should not trash or debris. be any tree roots or other vegetation growing in the pipes. Inlet and outlet Aiutually There should be no cracks wider than ~~ inch Repair cracks or replace the joints. pipe joints and longer than 1 foot at the joint of any inlet Contact your local jurisdiction's or outlet pipe. Also check for evidence of stormwater maintenance division sediment entering the catch basin through for teclutical assistance. cracks. Grate Quarterly The grate should not have cracks longer than 2 Replace the grate. inches. I11ere should not be multiple cracks. Frame Quarterly Ensure that the frame is sitting flush on top of Repair or replace the frame so it is the concrete stnicture (stab). A separation of flush with the slab. more than 3/4 inch between the frame and the slab should be corrected. Catch basil Annually Inspect the walls of the basin for cracks wider Replace or repair the basin. Contact than ~/ inch and longer than 3 feet. Also check a professional engineer for for any evidence of sediment entering the catch evaluation. basin through cracks. Determine whether or not the structure is sound. Catch basin Quarterly There should be no chemicals such as natural Clean out catch basin. Contact your gas, oil, and gasoline in the catch basal. Check local jurisdiction or Thurston for obnoxious color, odor, or oily sludge. County Environmental Health if yuu detect a color, odor, or oily sludge. Oil/Water Quarterly Water surface in catch basin has significant Remove the catch basin lid and skim separator d d sludge, oil, grease, or scum layer covering all f f uff oil layer. Pour oil into a l ( ownturne or most o tie water sur ace. disposable container, sea container, elbow or "T" in h b i wrap securely in newspaper, and l n) catc as pp ace in trash. Water surface should be clear of oily layer. Pipe Elbow Quarterly To or bottom of pipe appear to have broken p Remove the catch basin lid and off Check for anv apparent damage and check examile the pipe for damage. If to see if it's plumb. broken, hire a contractor to replace pipe ii accordance with approved plans nn file with your local jurisdiction. 3899468 Page 11 of 18 02/D1 /2©07 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Fencing, Shrubbery Screens, and Gates Fences and shrubbery screens aren't typically required for stormwater ponds. If the slopes of the sides are too steep, usually some kind of barricade is constructed. Part of When to What to Check For What to Do Fencing, Check it Shrubbery, or Gate to Check Fence or Quarterly Inspect the fence or screen to ensure that it Mend the fence, repair erosion, or shrubbery screen blocks easy entry to the facility. Make sure replace the shrubs to form a solid erosion hasn't created an opening under fence. barrier. Shrubbery screen Quarterly Shnibbery should not be growing out of Trim and weed shrubbery to control or infested with weeds provide appealing aesthetics. Do not use chemicals to control weeds. Wire Fences Annually Lnok along the length of the fence and Straighten posts and rails if determine if it is out of alignlment. necessary. Wire Fences Aiunially Missing or loose tension wire. Replace or repair tension wire so it holds fabric. Wire Fences Annually Missing or loose barbed wire. Rep ace or repair ar et wire so that it doesn't sag between posts. Wire Fences Annually Check for rust or scaling. Paint or coat rusting or scaling parts with a protective coating. Wire Fences Quarterly Ensure that there are no holes in the fabric or Repair holes so that there are no fencing. openings in the fabric or fencing. Gate Quarterly Ensure that the gate is not broken, jammed, or Repair or replace the gate to allow missing and that it opens easily. entry of peopple and maintenance equrpment. If a lock is used, make sure . °~~ have a kev. 3899468 Page 12 of 18 02/01/2007 04:01 PM R9reement Thurston County Washington MIKE MASTRO I IIIIIiI III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Conveyance Pipes, Ditches, and Swales. Part of When to What to Check For What to Do System to Check it Check Pipes Annually Acctunulated sediment should not exceed 20% Clean out pipes of all sediment anti of the diameter of the pipe. Vegetation should debris. Remove all vegetation so not reduce free movement of water through that water flows freely through pipes. Ensure that the protective coating is not h l ppipes. Repair or replace pipe. For i f d d damaged and rusted. Dents s ou d not pe Iong sections o un ergroun p significantly impede flow. Pipe should not have major cracks or tears allowing water to contact •~~ ~'~-~~~~~~•- leak out. for technical assistance. Open ditches Quarterly There should not be any yard waste or litter in Remove trash and debris and the ditch. dispose of them properly. Open ditches Annually Accumulated sediment should not exceed 20°io Clean out ditch of all sediment and of the depth of the ditch. debris. Contact ~trF-lc3ral for information on sediment disposal. Open ditches ~ Annually Check for vegetation (e.g., weedy shrubs or Clear blocking vegetation so that Swales saplings) that reduces the tree movement of h l water flows freely through ditches. l h l b f water t rough ditches or Swa es. Grassy vegetation s ou d e e t alone. Open ditches & Quarterly Check around inlets and outlets for signs of Eliminate causes of erosion. Swales erosion. Check slopes for simts of sloughing or settling. Action is needed were eroded Stabilize slopes by using appropriate erosion control damage is over 2 inches deep and where there measures (e.g., reinforce with rock, is potential for continued erosion. !ant morass, tom act soil.) Open ditches & Annually Native soil beneath the rock splash pad, check Replace rocks to desib 1 standard. Swales dam, or lining should not be visible. Swales Quarterly Grass cover is sparse and weedy, or areas are Aerate soils and reseed and mulch overgrown with woody vegetation. bare areas. Keep grass under S inches high. Remove woody growth, recontour, and reseed as necessary. Swales Quarterly Swale has been filled in or blocked by shed, If possible, speak with homeowner woodpile, shrubbery, etc. and reynest that the Swale area be restored Contact ~1 jtreisrj-irt~iet~ to report problem if not rectified voluntarily. Swales Annually Water stands in Swale or flow velocity is very A survey may be needed to check slow. Stabnlation occurs. grades. Grades need to be in 1-5% range iE possible. If grade is less thus 1°~, imderdrains may need to be installed. Contact ~~ ~~~ a:-•:, ~~~ for teclulical assistance 3899468 Page 13 of 18 02!0112007 04:01 PM Agreement Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII VIII IIII VIII) VIII IIII IIIIIII IIIIII IIII IIII VIII IIII VIII VIII VIII IIII IIII Grounds and Landscaping Part of When to What to Check For What to Do Grounds to Check it Check Landscaped Areas Quarterly Weeds b*rowing out of control u1 landscaped Pull weeds by hand, if possible, to area. avoid using chemical weed controls. Landscaped Areas Quarterly Check for any presence of poison ivy or other Remove poisonous vegetation or poisonous vegetation or insect nests. insect nests that are present in landscaped area. Landscaped Areas Quarterly There should not be any yard waste or litter in Remove and dispose of litter landscaped areas. properly Landscaped Areas Quarterly Noticeable rills are seen in landscaped areas. Identify the causes of erosion and take steps to slow down or disperse the water. Fill in contour, and seed area. Trees and shrubs Annually Limbs or parts of trees or shnibs that are split Trim trees and shnibs to restore or broken. shape. Repplace severely damaged d trees an sl~nibs. Trees and shrubs Annually Trees or shrubs that have been blown down or Replant trees or shrubs, inspecting knocked over. for injury to stem or roots. Replace if severely damaged. Trees and Shnibs Annually Trees or shrubs which are not adequately Place stakes and rubber-coated ties supported or are leaning over, causing around young trees/shrubs for exposure of the roots. support. 3899468 Page 14 of 18 agreement 02/01!2007 04:01 PM MIKESMASTROunty Washington I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Access Roads and Easements. Area to Check When to What to Check For What to Do Check it General One Time Check to determine if there is enough access to If there is not enough access check your stormwater facilities for maintenance vehicles , with your local jurisdiction to . determine whether an easement exists. If so, a maintenance road may need to be constricted there. Access road Quarterly Debris which could damage vehicle tires (glass l Clear all potentially damaging or meta ). debris. Access road Annually Any obstructions which reduce clearance b Clear along and over roadway so a ove and along the road to less than 14 feet. there is enough clearance. Road surface Annually Check for potholes, ruts, mushy spots, or d d Add gravel or remove wood as woo y ebris that limits access by necessary. maintenance vehicles. h S oulders and Annually Check for erosion along the roadway. ditches Repair erosion with additional soil or gravel. 3899468 Page 15 of 18 02/01/2007 04:01 PM Rgreement Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Drywells, French Drains, or Downspouts Part of system to Check When to Check it What to Check For What'to Do Downspout Annually Water overflows from the gutter or downspout First try cleaning out the gutters and during rain. downspouts. If this doesn't solve th b e pro lem you may need to install a bigger drywell. Contact .1 ~" -'=- . ~ for teclulical assistance. Roof Annually Moss and algae are taking over the shadier Disconnect the flexible part of the parts of the shingles. downsppout that leads to the dryweIl. Then perform moss removal as desired. Pressure wash or use fatty acid solutions instead of highly toxic pesticides or chlorine bleach. Install e zinc strip as a preventative. 3899468 Page 16 of 18 02/0112007 04:01 PM agreement Thurston County Washington MIKE MgSTRO I VIII I III I III III I IIII I IIII I III IIII IIIIIII IIIIII IIII IIII VIII IIII VIII VIII VIII IIII IIII RESOURCE LISTING If you are unsure whether a problem exists, please contact your local jurisdiction at one of the numbers below and ask for Technical Assistance. Contact Numbers: Olympia Maintenance - 753-8220 Olympia Water Resources - 753-8321 or 753-8598 (24 Hour Number). Pacific Disposal - 352-2046 Thurston Conservation District - 754-3588 Thurston County Community & Environmental Programs - 754-411 i Thurston County Environmental Health (Moderate Risk Waste) - 754-4111 Thurston County Solid Waste - 786-5136 Thurston County Storm & Surface Water - 754-4681 Olympia Public Works - 753--8362 WSU Cooperative Extension - 786-5445 Developer Information: Michael R. Mastro 510 Rainier Avenue South Seattle, Washington 98144 (253) 536-5600 3899468 Page 17 of 18 02/0112007 04:01 PM Rgreement Thurston County Washington MIKE MASTRO I IIIIIII III VIII VIII IIII IIIIII VIII IIII IIIIIII III II IIII III VIII VIII VIII VIII VIII IIII IIII LOG SHEET Use log sheets to keep track of when maintenance checks occur and what items, if any, are repaired or altered. The completed sheets will serve as a record of past maintenance activities and will provide valuable information on how your facilities are operating. This information will be useful for future requirements regarding the types of facilities that are installed. It helps to keep all log sheets in a designated area so they can be easily accessed by others. There are copies of the log sheet in your packet to last one year based on four quarterly and one annual check. There is an additional log sheet in your packet that should be preserved as an original from which to make additional copies as they are needed in the future. If you run out of blank sheets, contact your local jurisdiction and request more. Date Checked/_/_ Checked By Name: Position in HOA: Address: City: State: Zip: Phone Number: Part of Facility Checked Observations (List things that should be done) Follow-up Actions Taken Date Action Taken 3899468 Page 18 of 18 02/01/2007 04:01 PM R9reement Thurston County Washington MIKE MRSTRO I (IIIIII III IIIIII VIII IIII IIIIII I III IIII III III III II IIII IIII III VIII VIII IIII VIII II I IIII eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Michael R. Mastro 2. Cherry Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE 1/4, and the NE '/4 of the SE 1/4 of S 13, T 17N, R 1 E, WM. Parcels B, C, D and E of Boundary Line Adjustment BLA-040017YL as recorded under Thurston County Auditor's file NO. 3623825 Assessors Property Tax ParceUAccount Number: 21713440300,21713440000,21713440100,21713440200 3899469 Page 1 of 7 ©2l01l20D7 04:01 PM Miscellaneous Thurston County Washington MIKE MRSTRO IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII IIII VIII IIII IIII Ref.: Mastro ENDORSEMENT Attached to and forming a part of Policy Number G-1103-7127 issued By THURSTON COUNTY TITLE COMPANY acting as agent for PACIFIC NORTHWEST TITLE INSURANCE COMPANY Endorsement No. 2 File Number 139271 The Company hereby assures the Assured that there are no matters shown by the public records which affect the estate or interest described in Schedule A, other than those shown in Schedule B, except: There have been no changes as of September 21, 2006 date of Guarantee Update Endorsement No. 1. The effective date for the Guarantee is hereby extended to the date shown herein, subject, however, to any additional matters shown above. The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and in subject to the exclusions from coverage, the limits of liability and other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: October 18, 2006 at 8:00 a.m. THURSTON COUNTY TITLE COMPANY as agen# for PACIFIC NORTHWEST TITLE INSURANCE COMPANY Countersigned Authorized Signatory Note: Thls endorsement shall not be valid or binding until countersigned by an authorized signatory. jca Guarantee Update Endorsement 3899469 Page 2 of 7 91Mb VEslon Farm ENWA21 Rev. 03163/96 M i sce 1 1 aneous 02/01/2007 04:D1 PM Thurston County Washington MIKE MRSTRO ~,..~.~. ~~~ ~~~~~~..i,1...111 l.a muu uml ull Im IIIII IIIII IIIII IIIII IIIII IIII IIII Ref.: Mastro ENDORSEMENT Attached to and forming a part of Policy Number G-1103-7127 Issued By THURSTON COUNTY TITLE COMPANY acting as agent for PACIFIC NORTHWEST TITLE fNSURANCE COMPANY Endorsement No. 1 Flle Number 139271 The Company hereby assures the Assured that there are no matters shown by the public records which affect the estate or interest described in Schedule A, other than those shown in Schedule Q, except: There have been no changes as of July 24, 2006 date of Subdivision Guarantee. The effective date for the Guarantee is hereby extended to the date shown herein, subject, however, to any additional matters shown above. The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement is made a part of said Guarantee and in subject to the exclusions from coverage, the [units of liability and other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: September 21, 2006 at 8:00 a.m. THURSTON GOUNTY TITLE COMPANY as agent for PACIFIC NORTHWEST TITLE INSURANCE COMPANY Countersigned Authorized Signatory Note: This endorsement shall not be valid or binding until countersigned by an authorized signatory. keh 5106 V~san Form EP1WA2i Rev.03103f98 Guarantee Update Endorsement 3899469 Page 3 of 7 ©hu©sto00Count01WashingtonMiscellaneous MIKE MASTRO I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 139271 G-1103-7127 Jul 24, 2006 at 8:00 a.m. $1,000.00 Name of Assured: CARSON 8~ ASSOCIATES, INC. and MICHAEL R. MASTRO The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property: Parcels B, C, D and E of Boundary Line Adjustment No. BLA-040017YL, as recorded March 11, 2004 under Auditor's File No. 3623825. Title to said real property is vested in: MICHAEL R. MASTRO, as his separate estate Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Subdivision Guarantee Page 1 3899469 Page 4 of 7 X2/01/2007 D4:01 PM Miscellaneous Thurston County Washington MIKE MRSTRO IIIIIII III IIIIII IIII IIIIII III IIIIII III II III I I I I II I I I III IIII SCHEDULE A (Continued) File Number: 139271 Additional Exceptions: Policy Number: G-1103-7127 4. Construction Deed of Trust, Assignment of Rents, Security Agreement and Fixture Filing dated August 17, 2005, recorded August 17, 2005 under File Nos. 3758825, 3758826, 3758827 and 3758828, to secure an indebtedness of $12,075,000.00; and any interest, advances or other obligations secured thereby; Grantor: Michael R. Mastro, a married man as his separate estate Trustee: Pacific Northwest Title Company of Washington, Inc. Beneficiary: Central Pacific Bank, a Hawaii banking corporation 5. Assignment of Leases and Rents dated August 17, 2005, and recorded August 23, 2005 under File No. 3760675, given as additional security for the payment of the indebtedness secured by the Deed of Trust set forth at Paragraph 4; executed by Michael R. Mastro, a married man as his separate estate, to Central Pacific Bank, a Hawaii banking corporation. 6. Reservation of all ores and minerals, including coal, oil and gas, together with right to enter and explore for same, etc., with provision for compensation for damages caused by the exercise of such right, etc., made by State of Washington in deed dated November 5, 1963 and recorded under Auditor's File No. 687219. 7. Easement orquasi-easement, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: July 9, 1968 File Nos.: 784389 and 784392 In favor of : County of Thurston, State of Washington For: The right to make necessary slopes for cuts or fills upon that portion of said premises abutting Cullens Road 8. Any question or dispute about fencelines, or about ownership of the land lying between the fence and the record boundary, the location of which is shown on survey recorded April 1, 2003 under File No. 3517243. 9. Mitigation Agreement between the Yelm Community School District No. 2 and Don Findlay, Principal Partner recorded December 1, 2003 under Auditor's File No. 3600330. 10. Declaration of Boundary Line Adjustment and Covenants; Recorded: March 11, 2004 File No.: 3623824 (Copy is hereto attached) 11. Easement for the transmission, distribution and sale of gas and electricity and the terms and conditions contained therein, together with necessary appurtenances, recorded on May 24, 2006 under File No. 3834257, to Puget Sound Energy, a Washington corporation. Subdivision Guarantee Page 2 3899469 Page 5 of 7 02101!2007 04:01 PM Miscellaneous Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII III II IIII II III I VIII VIII IIII VIII IIII IIII SCHEDULE A (Continued) File Number: 139271 Policy Number: G-1103-7127 NOTES: a) At the request of the assured the following information is provided: Last half of general taxes for 2006 in the sum of $601.34. Tax Account No. 217-13-440000. (Area Code 170/Excise Tax Rate 1.53%) (Affects Parcel B) Last half of general taxes for 2006 in the sum of $677.87. Tax Account No. 217-13-440100. (Area Code 170/Excise Tax Rate 1.53%) (Affects Parcel C) Last half of general taxes for 2006 in the sum of $513.91. Tax Account No. 217-13-440200. (Area Code 170/Excise Tax Rate 1.53%) (Affects Parcel D) Last half of general taxes for 2006 in the sum of $639.10. Tax Account No. 217-13-440300. (Area Code 170/Excise Tax Rate 1.53%) (Affects Parcel E) b) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Pcls B, C, D, & E BLA-040017YL c) According to the records of Thurston County Assessor, the current value of said premises is as follows: Tax Account No.: 217-13-440000 Land: $ 97,300.00 Improvements: $ 0.00 Total: $ 97,300.00 (Affects Parcel B) Tax Account No.: 217-13-440100 Land: $ 109,850.00 Improvements: $ 0.00 Total: $ 109,850.00 (Affects Parcel C) Tax Account No.: 217-13-440200 Land: $ 82,950.00 Improvements: $ 0.00 Total: $ 82,950.00 (Affects Parcel D) Subdivision Guarantee Page 3 3899469 Page 6 of 7 ©2101/2007 04:01 PM Miscellaneous Thurston County Washington MIKE MASTRO I IIIIIII III VIII) IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII SCHEDULE A (Continued) File Number: 139271 Policy Number: G-1103-7127 Tax Account No.: 217-13-440300 Land: $ 103,500.00 Improvements: $ 0.00 Total: $ 103,500.00 (Affects Parcel E) s/i Restrs/attd MF/jca Subdivision Guarantee Page 4 3899469 Page 7 of 7 ©2/01/2007 04:01 PM Miscellaneous Thurston County Washington MIKE MRSTRO I IIIIII III IIIIII IIII I IIII IIII Illilll III II IIII III VIII VIII VIII IIII IIII IIII IIII eturn Address ity of Yelm ami Merriman D Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, and Restrictions for Cherry Meadows Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Michael R. Mastro. 2. Cherry Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE I/a, and the NE `/4 of the SE `/4 of S 13, T 17N, R 1 E, WM. Parcels B, C, D and E of Boundary Line Adjustment BLA-040017YL as recorded under Thurston County Auditor's file NO. 3623825. Assessors Property Tax ParceUAccount Number: 21713440300,21713440000,21713440100,21713440200 3899472 Page 1 of 30 02/01/2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII III IIII III III CHERRY MEADOWS DECLARATION_ OF COVENANTS, CONDITIONS AND RESTRICTIONS 3899472 Page 2 of 30 02!01!2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII IIII IIIIII I III IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Table of Contents Background ...................................................................................................................................... l Declaration .......................................................................................................................... ............1 Article I Definitions ............................................................................................................. ............2 Article II Property; Development Plan ................................................................................ ............4 Article III Common Areas ................................................................................................... ............ 4 Article N Association ......................................................................................................... ............5 Article V Easements ............................................................................................................ ............ 6 Article VI Assessments ....................................................................................................... ............7 Article VII Maintenance ...................................................................................................... ..........10 Article VIII Architectural Control Committee .................................................................... ..........13 Article IX Architectural and Landscape Control ...........................................................................13 Article X Permitted and Prohibited Uses ............................................................................. .........15 Article XI Insurance Requirements ...................................................................................... ......... 20 Article XII Damage or Destruction ...................................................................................... ......... 20 Article XIII Condemnation ................................................................................................... .........20 Article XIV Mortgagees' Protection .................................................................................... ......... 21 Article XV General Provisions ............................................................................................. ......... 22 [1361168 vl) 3899472 Page 3 of 30 02!0112007 04:01 PM Covenant Thurston County Washington MIKE MASTRO f 111111 III 111111 IIII 111111 IIIII IIII 1111111 111111 IIII IIII IIIII IIIII IIIII Iilll IIIII Ili!IIII CHERRY MEADOWS DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION ("Declaration") is made on the ~ day of ~~'G~MPI~,Iz 2006, by Michael R. Mastro, a married person as his separate estate ("Declarant"). Background 1. Declarant is the owner of certain real property in the City of Yelm, Thurston County, Washington, that is legally described on the attached Exhibit "A" (the "Property"). The Declarant intends to create on the Property the residential community of Cherry Meadows, with permanently maintained Common Areas for the benefit of the Owners. 2. Declarant has developed a general plan of development for the benefit of the Property. Declarant desires to preserve and enhance the property values and amenities in Cherry Meadows and to provide for the health, safety and welfare of the Owners. To this end, Declarant desires to subject the Property to the covenants, restrictions, easements, charges and liens set forth in this Declaration, all of which are for the benefit of the Property and each of the Owners. 3. Declarant will incorporate "Cherry Meadows Homeowners Association" as a nonprofit Washington corporation (the "Association") to provide a mechanism for meeting some of the purposes set forth in this Declaration. Declaration Declarant hereby declares that the Property is and shall be held, transferred, sold, conveyed and occupied subject to all of the terms and conditions set forth in this Declaration including, without limitation, the covenants, restrictions, easements, charges and liens set forth. Further, except with respect to Sections 7.4, 7.5, 7.6 and 7.7, below, Declarant delegates and assigns to the Association, upon its creation, the power of: maintaining and administering the Common Areas defined below; administering and enforcing the covenants and restrictions; collecting and disbursing the Assessments and charges created in this Declaration; and promoting the recreation, health, safety and welfare of the residents. Further, Declarant hereby reserves the right to assign any or all of Declarant's rights and/or obligations arising out of this Declaration that are not assigned to the Association as described above. With respect to Sections 7.4, 7.5, 7.6 and 7.7, below, the Declarant may, at its sole discretion: (a) Retain all of its rights and obligations arising therefrom; and/or (b) Assign these same rights to a Successor Declarant(s). [1361168 v1] 3899472 Page 4 of 30 02/01/2007 04:01 PM Covenant Thurston County Washinston MIKE MRSTRO IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII If Declarant both retains and assigns these rights to a Successor Declarant(s), both shall have the same rights with respect to the enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration. Article I Definitions Section 1.1 "ACC" shall mean the Architectural Control Committee as described in Article VIII. Section 1.2 "Articles" shall mean the Association's Articles of Incorporation. Section 1.3 "Assessment" or "Assessments" shall mean individual or collective Assessments arising out of Article VI including, without limitation, Annual, Special or Reimbursement Assessments. Section 1.4 "Association" shall mean the Cherry Meadows Homeowners Association, a Washington nonprofit corporation, its successors and assigns. Section 1.5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association. Section 1.6 "Builder" shall mean any entity or person that shall purchase one or more Lots for the purpose of building homes for sale or lease to others. Section 1.7 ``Bylaws" shall mean. the Association's Bylaws. Section 1.8 "Common Areas" shall mean: (a) portions of the Property in which the Owners have an undivided interest under the terms of the final Plat of Cherry Meadows; (b) real. and personal property that the Association either owns or in which it has an interest under this Declaration, or by virtue of the Plat of Cherry Meadows (except easements for maintaining lots as provided for in Section 5.2); and (c) improvements which the Association is obligated to maintain under the terms of this Declaration. The Common Areas are legally described on the attached Exhibit "B." Section 1.9 "Declarant" shall mean Michael R. Mastro, and his successors and assigns; provided, however, that no Successor Declarants) or assignee of Declarant shall have any rights or obligations of Declarant arising out of this Declaration unless such rights and obligations are specifically set forth in an instrument of succession or assignment. Section 1.10 "Declaration" shall mean all of the terms and conditions included in this Declaration of Covenants, Conditions and Restrictions, including without limitation the covenants, restrictions, easements, charges, liens and all other provisions, as they may from time to time be amended. Section 1.1 l "Development Plan" shall mean the general plan illustrating the intended development of the Property that was approved by the City of Yelm. Section 1.12 "Federal Mortgage Agencies" shall mean those federal agencies that may have an interest in the properties, such as the Federal Housing Administration ("FHA"), the Veterans Administration ("VA"), the Federal National Mortgage Association ("FNMA"), [1361168 v1] 3899472 Page 5 of 30 ©2/01 J2©©~ 04'01 PM Covenant Thurston County Washington MIKE MRSTRO IIIIIIIIIIIIIIIIIIIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIIIVIIIIIIIIVIIIIIIIIIII the Federal Home Loan Mortgage Corporation ("FHLMC"), or the successors to their respective interests. Section 1.13 "First Mortgagee" shall mean a lender who holds the first mortgage or first deed of trust on a Lot and who has notified the Association in writing of its holdings. Section 1.14 "Lot" shall mean any numbered parcel of land shown upon any recorded subdivision map of the Property, with the exception of the Common Areas and other areas set aside for nonresidential use. Section 1.15. "Manager" shall mean the person, firm, entity or corporation to whom the Board of Directors may delegate managerial duties. Section 1.16 "Member" shall mean every person or entity that owns a Lot and holds membership in the Association. Membership shall be appurtenant to and. may not be separated from ownership of a Lot. Section 1.17 "Mortgage" shall mean a deed of trust or any other security instrument. Section 1.18 "Notice" shall mean written notice delivered personally or mailed to the last known address of the intended recipient. Section 1.19 "Owner" shall mean every person or entity, including Declarant, which is a record Owner of the fee simple title to any Lot, or if any Lot is sold under real estate contract, the vendee or vendees under that contract; provided, however, that the term "Owner" shall not include those having an interest merely as security for the performance of an obligation. Section 1.20 "Plat'' shall mean the planned residential community commonly known as ``Cherry Meadows," which is approved on the Property. Section 1.21 ``Property" shall mean the real property described on the attached Exhibit "A." Section 1.22 "Successor Declarant(s)" shall mean the person, firm, entity or corporation to whom the Declarant may assign any right or obligation as provided for above in Section 1.9. In the event of a partial or complete assignment of any rights and/or obligations arising out of the Declaration to a Successor Declarant(s), all references to Declarant throughout the Declaration shall also apply to such Successor Declarants) with respect to any and all such assigned rights and/or obligations. With respect to Sections 7.4, 7.5, 7.6 and 7.7, the Declarant may, at its sole discretion: (a) Retain all of its rights and obligations arising therefrom; and/or (b) Assign these same rights to a Successor Declarant(s). If the Declarant both retains and assigns these rights to a Successor Declarant(s), the Declarant and Successor Declarants) both shall have the same rights with respect to the enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration. [1361168 v1I 3899472 Page 6 of 30 ©2/01!2007 04:01 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII IIII IIIIII VIII (III IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Article II Property; Development Plan Section 2.1 The Property. The real property that is subject to this Declaration is legally described on the attached Exhibit "A" and represents the planned residential community commonly known as "Cherry Meadows." Section 2.2 The Development Plan. The Development Plan is the Deciarant's intended design for the development of Cherry Meadows as a planned residential community, approved by the City of Yelm. The Development Plan includes two hundred (200) single- family homes. The Development Plan maybe modified and amended as provided in this Declaration and as provided under City of Yelm development regulations. It is currently the intention of Declarant to develop the project in full accordance with the Development Plan. The Development Plan is, however, conceptual in nature, and does not bind the Declarant to improve any portion of the Property. Article III Common Areas Section 3.1 Dedication. Upon the recording of the Plat, the portions of the Property designated as Common Areas were dedicated the Cherry Meadows Homeowners Association. The Common Areas are legally described on the attached Exhibit "B." Pursuant to the conditions of approval for Cherry Meadows, the Common Areas shall be used for the following purposes: (a) Tract "A" for community park purposes; (b) Tracts "B," "C," "D" and "E" for a pedestrian corridor /open space purposes; {c) Tracts "G," "H" and "J" for storm drainage purposes; and {d) Tracts "L," "M" and "N" for monument and landscaping purposes. Section 3.2. Easement: Right of Association to Adopt Reasonable Rules. Each Owner shall have a right of enjoyment and use, together with a nonexclusive easement in, over and through the Common Areas for ingress and egress, which easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to adopt reasonable rules governing the use of the Common Areas and the personal conduct of persons authorized to use said Common Areas, and to establish appropriate penalties for the violation of those rules. {b) The right of the Association to dedicate or transfer by deed or easement all or any part of the Common Areas to any public agency, authority, or utility. No such dedication or transfer shall be effective without the approval of two-thirds (2/3) of each class of Members. Section 3.3 Delegation of Use. Any Owner may delegate its right of enjoyment to the Common Areas to its family, tenants and guests, subject to the limitations set forth in this Declaration. [1361168 vl] 4 3899472 Page 7 of 30 02/01!2007 04:01 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII III VIII VIII VIII VIII VIII IIII IIII Section 3.4. Association to Maintain. The Association shall maintain, repair, replace and improve the Common Areas as appropriate for afirst-class residential community, and shall pay the actual cost of the same from Annual or Special Assessments, as appropriate. Article IV Association Section 4.1 General. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to each Lot and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership in the Association. Section 4.2. Classes. The Association shall have two (2) classes of voting membership: (a) Class "A." Class "A" Members shall be all Owners, with the exception of Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be divisible and exercised as the Owners determine, but in no event shall more than one (1) vote be cast with respect to any Lot. (b) Class "B." The Class "B" Member shall be the Declarant, and shall be entitled to three (3) votes for each Lot owned. The Class "B" Membership shall cease and be converted to Class "A" Membership upon the happening of either of the following events, whichever occurs earlier: (i) When the total votes in the Class "A" Membership equals or exceeds the total votes in the Class "B" Membership, which will occur upon the Declarant's sale of the 15150 Lot out of the 200 Lots; or (ii) On January 1, 2020. Section 4.3 Board of Directors. The Association shall be managed by a Board of Directors elected or appointed in accordance with the Articles of Incorporation and Bylaws of the Association. Section 4.4 Delegation to Manager. The Board of Directors may delegate any of its managerial duties, powers, or functions to any person, firm, entity or corporation (the "Manager"); provided that any management agreement may be terminated by the Association: (a) For cause upon delivery of thirty (30) days advanced written notice; and (b) Without cause upon delivery of ninety (40) days advance written notice. The term of any such management agreement may: (a) Not exceed one (1) year; and (b) Be renewable by agreement of the parties for successive one (1) year periods. [1361168 vl] 5 3899472 Page 8 of 30 ©210112©D7 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III (VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII IIII) VIII VIII VIII VIII IIII IIII The Members of the Board of Directors shall not be liable for any omission or improper exercise by the Manager of any duty, power, or function so delegated by written instrument executed by a majority of the Board of Directors. Article V Easements Section 5.1 Utility and Drainage Easements. In addition to or consistent with easements reserved on the face of the Plat or created by any instrument of record, nonexclusive easements for utilities and drainage are reserved for the Declarant and/or its assigns, over a five (5) foot wide strip along each side of the interior Lot lines and over a ten (10) foot wide strip adjacent to the rear and street side Lot line of each Lot. In addition, a nonexclusive easement is reserved for Declarant and/or its assigns over, under, and on all of the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public agency, authority, utility company, and/or the Association is responsible. Fencing and landscape plantings are permitted on the side and rear property lines as approved by the ACC. Section 5.2 S.T.E.P. System Easement for City of Yelm. In accordance with the note on the face of the Plat of Cherry Meadows, a perpetual easement is reserved for and granted to the City of Yelm, its successors and assigns for the operation, maintenance, and repair of any or all portions of the Septic Tank Effluent Pumps (S.T.E.P.) system including, but not restricted to: S.T.E.P. tanks, chambers, pressure/gravity sewer connection lines and pump status panel, over, under and through the Plat. The purpose of the easement is to provide access for City officers and employees to the City owned portion of the S.T.E.P. sanitary sewer system. The width of the easement shall be five (5) feet on each side of the pipe and electrical lines as constructed. The width of the tank easement shall extend five (5} feet beyond the edges of the tank. The City of Yelm shall also have the right to temporarily utilize such area beyond the easement area that is necessary for the operation, maintenance, and any repair activities on the S.T.E.P. system. Section 5.3 Easement for Association. The Association, the ACC, the Declarant and its agents, successors and assigns shall have a nonexclusive easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: {a) The cleaning, maintenance, repair or replacement of any improvement as provided in Section 7.1 (this easement shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in Section 7.1). (b) The maintenance, repair, replacement, or improvement of any Common Area accessible from a Lot. (c) Emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or the improvements thereon. [1361168 vl] 6 3899472 Page 9 of 30 02101/2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (d) The cleaning, maintenance, repair, or restoration work that the Owner is required to do, but has failed or refused to do. (e) All other acts necessary to administer or enforce this Declaration. Except in an emergency where advance notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. Section 5.4 Easement for Government Personnel. An easement for access by police, fire, rescue and other government personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public duties. Section 5.5 Easement for Declarant. The Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment, materials or utilities, and such other actions necessary for or related to: (a) The development and/or maintenance of Cherry Meadows; or (b) The development and/or maintenance of any property owned, to be developed or previously developed by Declarant that is adjacent to or in the vicinity of Cherry Meadows. Article VI Assessments Section 6.1 Covenants for Maintenance Assessments. (a) Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association (i) "Annual Assessments" or charges; (ii) "Special Assessments" for capital improvements; and (iii) the one-time assessment described in Section 6.9. (b) The Annual and Special Assessments, together with interest, costs and reasonable accounting fees and attorney's fees shall be a charge and a continuing lien upon the Lot against which each such Assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. (c) Each Assessment, together with interest, costs, and reasonable accounting fees and attorney's fees shall also be the personal obligation of the person who is the Owner of the Lot assessed at the time the Assessment becomes due and payable. The personal obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by the successor-in-interest. The new Owner shall be personally liable for Assessments that become due and payable on and after the date of sale (e.g., if sold by real estate contract) or transfer of a Lot to the new Owner (e.g., conveyance by deed). Section 6.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of: (a) Promoting the recreation, health, safety and welfare of the residents of the Property; (b) Improving, maintaining, replacing and/or repairing of the Common Areas and the services and facilities related to the use and enjoyment of said Common Areas; [1361168 vlJ 7 3899472 Page 10 of 30 02/01!2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII I III IIII IIIIIII VIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (c) Paying the costs associated with taxes and insurance related to the Common Areas. (d) Paying the Association's administrative expenses (e.g., accounting fees, legal fees, office supplies, etc.). Section 6.3 Maximum Annual Assessments. The Board of Directors shall establish the maximum Annual Assessment that may, from time to time, be increased subject to the following conditions and limitations: (a) Until January 1, 2008, the maximum Annual Assessment shall be One Hundred Fifty and 00/100ths Dollars ($150.00) per Lot. (b) After January 1, 2008, and until such time as the Class "B" Membership ceases to exist, the Board of Directors may fix and increase the maximum Annual Assessment as necessary to fulfill the purposes set forth in this Declaration. (c) From and after the date upon which the Class "B" Membership ceases to exist, the maximum Annual Assessment may not be materially increased without an affirmative vote oftwo-thirds (2/3) of the Class "A" Members who are voting in person or by proxy, at a meeting duly called for such purpose pursuant to Section 6.8 of this Article. A "material increase" shall be an increase, which cumulatively for the Association's fiscal year increases the Annual Assessment by more than ten (10) percent. Section 6.4 Board to Fix Annual Assessment. The Board of Directors shall fix the Annual Assessment at an amount not in excess of the maximum at least fifteen (15) days prior to the start of the fiscal year. Written notice of the Annual Assessment shall be sent to every Owner. If the Board fails to fix an Annual Assessment for any fiscal year, then the Assessment established for the prior year shall automatically be continued until such time as the Board acts. The Annual Assessments shall be sufficient to: (a) Meet the obligations imposed by this Declaration and any supplementary declarations; and (b) Establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas that require such actions on a periodic basis. Section b.5 Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a described capital improvement upon the Common Areas, including the necessary fixtures and personal property related thereto; provided, however, that any such Assessment shall have the assent of two-thirds (2/3) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose pursuant to Section 6.8 of this Article. Section b.6 Reimbursement Assessment. IrI addition to the Association Assessments, the first Owner of each Lot who is not a Builder shall pay at closing to Declarant a Reimbursement Assessment in the amount of Five Hundred and 00/100ths Dollars ($500.00). Such Assessment represents each Lot's pro rata share of the sums advanced for expenses benefiting all of the Owners, including expenses associated with the [1361168 vl] 8 3899472 Page 11 of 30 ©hu0sto00Count©~WashingtonCovenant MIKE MRSTRO IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII establishment of the Association and including the cost of installing and maintaining certain improvements. The Reimbursement Assessment shall be collected by the Builder who sold the Lot to the Owner, and if the Builder fails to collect the Reimbursement Assessment and/or to remit such assessment to Declarant, Builder shall be personally liable to Declarant for the Assessment plus the cost of collection, including attorney's fees. Section 6.7 Rate of Assessments. Assessments shall be fixed at a uniform rate for all lots, except as noted elsewhere in this Declaration. Section 6.8 Notice and Ouorum for any Action Authorized Under Sections 6 3 and/or 6.5. Written notice of any meeting conducted pursuant to Sections 6.3 or 6.5 of this Article shall be sent to all Members not less than thirty (30) days nor more than sixty (60) days in advance of the meeting and shall include a statement of the purpose for which the meeting is to be held. At the first meeting called for the purposes set forth in Sections 6.3 and/or 6.5, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each class of Membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, a subsequent meeting may be called, subject to the notice requirement set forth herein, and the required quorum at any such subsequent meeting shall be one-half (%2) of the required quorum at the preceding meeting. However, no such subsequent meeting having a reduced quorum requirement shall be held more than sixty (60) days following the preceding meeting. Section 6.9 Commencement o_ f Annual Assessments• Working Capital. The Annual Assessments shall commence as to each Lot within the Property on the first (1st) day of the month following the initial conveyance of the Lot from the Declarant ("Initial Sale"). The first Annual Assessment shall be prorated to December 31 of the then current calendar year and collected at the closing of the Initial Sale. In addition to the payment of a prorated Annual Assessment at the closing of the Initial Sale, purchaser shall pay to the Association the amount of One Hundred Fifty and 00/104ths Dollars ($150.00) as a contribution to the working capital of the Association. Section 6.10 Certificate. The Association shall, upon request, furnish a certificate in writing signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. The Association may make a reasonable charge for the issuance of these certificates. Such certificate shall be conclusive evidence of payment or nonpayment of any Assessment. Section 6.11 Effect of Nonpayment of Assessments Remedies of Association. Any Assessments that are not paid when due shall be delinquent. A late charge equal to five percent (5%) of the amount overdue shall be charged for any payment made more than ten (10) days past the due date. If the Assessment is not paid within thirty (30) days after the due date, the Assessment shall bear interest from the due date at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner obligated to pay the Assessment, or may foreclose the lien against the Lot in a like manner as a deed of trust, and in either event, late charges, interest, costs, and reasonable attorney's fees shall be added to the amount of such Assessment lien. No Owner may waive or otherwise escape liability for Annual or Special Assessments by nonuse of the Common Area or by abandonment of his, her, their, or its Lot. [1361168 vI] 9 3899472 Page 12 of 30 02!©112©D7 04:01 PM Covenant Thurston County Washington MIKE MRSTRO 11111111 III IIIIII VIII IIII IIIIII VIII IIII (IIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 6.12 Suspension of Voting Rights. In the event any Member shall be in arrears in the payment of the Assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults are fully remedied. In addition, the Association shall have such other remedies against such delinquent Members as maybe provided in the Articles, Bylaws, the Declaration, and/or reasonable rules adopted by the Association. Section 6.13 Subordination of Lien to Mortgages. The lien of the Assessments provided for in this Declaration shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, where the mortgagee of a Mortgage of record or other purchaser of a Lot obtains possession of the Lot as the result of foreclosure of a Mortgage, or by deed or assignment in lieu of foreclosure, such possessor, or its successors and assigns, shall not be liable for the Assessments imposed by the Association chargeable to such Lot that became due prior to such possession. Such unpaid share of common expenses or Assessments shall be deemed to be common expenses collectible from all of the Owners, including such possessor, its successors and assigns. Section 6.14 Exempt Property. The following Property shall be exempt from the payment of Assessments: (a) All portions of the Property dedicated to and accepted by a public agency, authority and/or utility; and, (b) The Common Areas and other areas set aside for nonresidential use. Article VII Maintenance Section 7.1 Standard of Maintenance -Common Areas. The Association shall be obligated to do the following: (a) Maintain, repair and replace all community mailboxes, street lights (if not maintained by a public or private utility company), the entry signage and school bus pick- up point, if any, installed and constructed as part of the overall development of the Property. (b) Maintain, repair and replace when necessary the landscaping, fencing, recreational amenities and other improvements within the Common Areas. (c) Maintain, repair and replace when necessary the landscaping required along Killion Road and Cullens Road, subject to City of Yelm regulations. (d) Maintain, repair and replace the stormwater systems and facilities that serve Cherry Meadows. The Board shall be responsible to make all decisions as to the work required under this provision. All expenses incurred in performing the obligations described in this Article shall be paid for by the Association and become part of the Assessments described above in Article VI; provided, however, that if any of such work is required as the result of any negligent or intentional act or omission of any Owner, or his, her, their or its guests, family or tenants, the [1361168 vl] ~~ 3899472 Page 13 of 30 ©2101!2©07 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII (IIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII Iilll IIII IIII cost of such work shall be paid for exclusively by such Owner, and shall become part of the Assessment levied against the Lot owned by such Owner. Section 7.2 Standard of Maintenance -Other Areas. Each Owner shall have the obligation to maintain his, her, their or its Lot and any building, landscaping, fencing or other improvements located on the Lot (and including as part of the Lot the planting strip located adjacent to the public street) to standards appropriate for afirst-class residential community. The planting strip maintenance requirement does not apply to any Tracts or Lots that adjoin Killion Road or Cullens Road on the boundary of the Lot that is adjacent to those roads, which is to be maintained by the Association. All roof drain runoff infiltration systems located on a Lot shall be maintained by the Owner. In accordance with the note on the face of the Plat, Owners shall also be responsible for the maintenance of the House Lateral connecting the S.T.E.P. tank to the house plumbing and the inlet to the tank chamber. Section 7.3 Remedies for Failure to Maintain. If the Owner of any Lot fails to so maintain the Lot, buildings, fencing, and/or other improvements to those standards ("Non- conforming Owner"), the Association, after approval by two-thirds (2/3) vote of the Board, shall have the right, through its agents and employees, to enter upon the Lot and to clean, repair, maintain, and restore the Lot and the exterior of the buildings and other improvements. However, any alteration or demolition of constructed improvements may only take place after judicial proceedings are instituted. The cost of such exterior maintenance and all court costs, and attorney's fees incurred in enforcing this provision shall be added to and become part of the Assessments for such Non-Conforming Owner's Lot, fully subject to the remedial provisions set forth in Article VI. Section 7.4 Street Trees and Planting St>~s. As a condition of approval for Cherry Meadows, the Declarant was required to install certain trees adjacent to the road right of way ("Street Trees"). Each Builder and Owner is responsible to maintain said Street Trees and in the event any Street Tree is removed or damaged for any reason, the Owner of the Lot upon which the Street Tree is located shall immediately replace the tree with a tree that is the same species and of similar size. If it is necessary for the Declarant to replace any Street Tree due to failure of the Builder or Owner to do so, Builder or Owner shall reimburse Declarant for the cost of replacing same. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Regardless of any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.5 Street Repair, Maintenance and Cleaning. All Builders and Owners shall use due diligence to avoid allowing any unnecessary dirt, debris or other material from washing onto the road as a result of any construction activities and shall at all times remain responsible for keeping the road clean of any such debris, dirt or material. In addition, all Builders or Owners shall use due diligence to avoid causing any damage to the road or sidewalks and all roads, sidewalks and other improvements constructed by the Declarant. Any Builder or Owner who violates the provisions of this Section shall reimburse the [1361168 vl] ] 1 3899472 Page 14 of 30 02!01/2007 04:01 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIiI VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder and Owner to abide by the terms and provisions of this Section. In the event any Builder and Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Regardless of any other provision in this Declaration, this Section cannot be amended for a period of ten (10) years after recording of this Declaration. Section 7.6 Maintenance of Stormwater Drain S.. sy tem. All Builders and Owners shall use due diligence to avoid allowing any materials from washing or being put into the stormwater drain system as a result of construction activities conducted by said Builder or Owner. This includes any sediment, cement slurry, or other material washing off or coming off of any Lot upon which a Builder or Owner is constructing an improvement. In the event any Builder or Owner is in violation of the provisions of this Section, that Builder or Owner shall pay a maintenance charge to the Declarant in an amount to be determined by the Declarant, but not to exceed five hundred and 00/100ths Dollars ($500.00) for each violation. In addition, each Builder or Owner agrees to indemnify the Declarant from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the stonnwater drain system as a result of any violation. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Regardless of any other provision in this Declaration, this Section cannot be amended for a period of ten (10) years after recording of this Declaration. Section 7.7 Utility Repair and Maintenance. All Builders and Owners shall use due diligence to avoid allowing any damage to occur to any utility or related system improvement as a result of construction activities conducted by said Builder or Owner. In the event that such damage occurs, the Builder or Owner agrees to immediately repair or replace same. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Regardless of any other provision in this Declaration, this Section cannot be amended for a period of ten (10) years after recording of this Declaration. [1361168 vl] 12 3899472 Page 15 of 30 02!0112007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIIIIII IIIIIIVIII IIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIII IIII VIII VIII VIII VIII VIII IIII IIII Section 7.8 Repairs Required by the City of Yelm. Any repairs, modifications, alterations, upgrades, improvements and/or labor, material and/or equipment required following the City of Yelm's inspection of the public roads and private storm drainage system at the end of the designated maintenance period may be paid for from the proceeds of the Repair Fund Fee(s) collected pursuant to Section 6.9 above and/or, in Declarant's sole discretion, through the procedures set forth herein in Sections 7.4, 7.5, 7.6 and 7.7, generally. Article VIII Architectural Control Committee Section 8.1 Appointment and Membership. There is hereby constituted an Architectural Control Committee (the "ACC"). The Declarant shall have the right to select the members of the ACC until all lots are sold by Declarant. Thereafter, the ACC shall be appointed by the Board. A majority of the ACC may designate a representative to act for it, which representative shall be known as the "Control Architect." Section 8.2 Guidelines. The ACC .shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be available to all Members upon request. Section 8.3 Meetings; Compensation. The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless authorized by the Association, neither the Control Architect, nor the members of the ACC shall receive any compensation for their services. Both the Control Architect and members of the ACC shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of any ACC authorized duties. Section 8.4 Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter submitted for approval. Section 8.5 Liability. Neither the ACC nor any of its members shall be liable to the Association or to any Owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the ACC for approval or for failure to approve any matter submitted to the ACC. The ACC or its members may, during its review and consideration of any matter or issue over which it has jurisdiction, consult with the Association or any Owner with respect to any plans, drawings, specifications, or any other inquiry received by the ACC and/or proposal submitted to the ACC. Article IX Architectural and Landscape Control Section 9.1 Approval of Plans Required. Except as provided for in Section 9.2 below, none of the following actions may be taken until plans and specifications for the same have been approved in writing by the ACC: (a) Construction of driveways; [1361168 vl) 13 3899472 Page 16 of 30 X2/01/2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (b) Construction or erection of any building, fence, wall or other structure, including the installation, erection, or construction of any solar collection or satellite device; (c) Remodeling, reconstruction, or alteration of any road, driveway, building or other structure; or (d) Landscaping or alteration of any existing landscaping upon any area which is required to be maintained by the Association pursuant to this Declaration. Section 9.2 Approval Not Required. Notwithstanding any other provision included in this Declaration, the approval of the ACC shall not be required for each of the following: (a) Action taken by Declarant to develop the Property in accordance with the Development Plan; (b} Construction by Declarant of any single-family home; and (c) Other development activity undertaken by Declarant (including, without limitation, clearing, landscaping, construction of driveways, parking areas, fences, etc.) on any Lot. Section 9.3 Procedure for Approval. Any person wishing to take any of the actions described above requiring approval shall submit to the ACC two (2) sets of plans and specifications showing: (a) Size and dimension of the proposed and existing (if applicable} improvements; (b) Proposed and existing (if applicable) exterior design; (c) Proposed exterior color scheme; (d) The exact location of the proposed and existing (if applicable) improvement on the Lot; (e) The exact location of proposed and existing (if applicable) driveways -and parking areas; (f) Proposed and existing (if applicable) scheme for surface water drainage and grading; (g} Proposed and existing (if applicable) landscaping plan; (h) Proposed and existing (if applicable) outdoor lighting plan; and (i) Materials to be used in proposed construction. Approval or disapproval of such plans and specifications shall be evidenced by written notation on such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be taken. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The ACC shall issue its decision within thirty (30) business days from the date the completed plans and specifications satisfying and complying with all of the foregoing stated elements are received by the ACC. [1361168 vl] 14 3899472 Page 17 of 30 02101!2007 04:01 PM Covenant Thurston County Washington MIKE MASTRO IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII III IIII II IIII II I (IIII IIII IIII Section 9.4 Criteria for Approval. Approval of plans and specifications will be withheld or conditioned if the proposed action is at variance with any part of this Declaration including without limitation the covenants, other covenants covering the Property, or design guidelines adopted by the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed action will be detrimental to the community because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, landscaping plan, or for any other reasonable objection supported by the information reviewed and considered by the ACC. Section 9.5 Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that the improvement was completed in accordance with the plans as submitted and approved. Such determination must be made within sixty (60) days of the completion of the improvement. If the ACC shall determine that the improvement does not comply with the plans and specifications as approved, it shall notify the Owner within that sixty (60) day period. If the Owner is so notified, that Owner shall within such time as the ACC shall specify, but not less than thirty (30) days: (a) Either remove or alter the improvement; or (b) Take such. other steps as the ACC shall designate to bring the improvement into conformity. Section 9.6 Governmental Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of a Lot without the Owner first obtaining a building permit and any and all other necessary permits from alI governmental entities having jurisdiction over the Property. Article X Permitted and Prohibited Uses Section 10.1 General. All Lots shall be used solely and exclusively for private single-family homes with appurtenant garages. A building site shall consist of not less than one (1) Lot as shown on the Development Plan. No Lot shall be divided except with the permission of the ACC and the governmental entity having jurisdiction over the Property. The boundary between two Lots may be adjusted pursuant to a boundary line adjustment authorized by law. Section 10.2 Dwelling Quality and Size. No home shall be permitted on any Lot without the prior written approval of the ACC. It is the intention and purpose of these covenants to assure that all homes shall be of a quality of workmanship. All homes must have a minimum of 1,700 square feet of living space for asingle-story home or 1,900 square feet for amulti-story home. Garages and unheated areas shall not be included in determining square footage. Section 10.3 Land Use and Building Types. All Lots subject this Declaration shall be used only for residential purposes. No structures of any kind shall be erected or permitted to remain on any Lot other than single family homes, garages, workshops, and structures normally accessory to such homes. No carports will be allowed and all garages must have [ 1361 I68 vl ] I S 3899472 Page 18 of 30 X2/01/2007 04:01 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII doors. All dwellings shall be "stick-built." Mobile homes, manufactured housing, and modular homes are specifically not permitted. At a minimum, a two-car garage is required. A three-car garage may be permitted. Where it is architecturally possible, the garage shall be incorporated in or made a part of the dwelling. No detached garages shall be permitted except with the express approval of the ACC. If a detached garage is permitted, it may incorporate an "accessory dwelling unit" above the garage; provided that it is approved by all government entities having jurisdiction over the Property. On-site parking provisions for no less than two (2) automobiles shall be provided in addition to garage automobile storage. Section 10.4 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than: (a) The building setback line, or (b) The front facade of the primary residence, excluding the garage. Notwithstanding the foregoing, nothing shall prevent: (i) The erection of a necessary retaining wall (the top of which does not extend more than two (2) feet above the finished grade at the back of said wall); and (ii) Fences closer to the front boundary of a Lot than otherwise allowed for in this Section, provided that they are approved in advance and in writing by the ACC. Section 10.5 Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or, in the case of a rounded Lot corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street-side property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines. Section 10.6 Temporary Structures. No building or structure shall be moved onto any portion of the Property. No trailers or manufactured housing shall be maintained on any Lot as a residence. No building of any kind. shall be erected or maintained on a Lot prior to the erection of either a detached or attached single family dwelling thereon, except that a garage or other small building or permanent structure may be erected for the storing of tools and other articles but shall not be used for residence purposes. Nothing in this Section shall prevent the temporary use of a construction shack and/or trailer during the construction of any approved dwelling or during the development of the Property by Declarant. Section 10.7 Construction. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including siding on the front of the structure and also including finish painting, [1361168 vl] 16 3899472 Page 19 of 30 02/01l20D7 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I VIII I I I IIIIII VIII IIII I I II I II I I I IIIIII IIII IIII VIII VIII I I III II I I III within six (6) months from the date of commencement of construction. Except with the advanced written approval of the ACC, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Control Architect or ACC have been fully completed to the reasonable satisfaction of the ACC. Section 10.8 Setbacks. No building shall be located on any Lot nearer to the front Lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Plat. Section 10.9 Exterior Li ting. Exterior lighting of any sort which is visible from any street or from any other Lot shall not be installed without first obtaining advanced written approval of the ACC. Section 10.10 Roofs. Roofing materials shall be architectural grade composition roofing with a minimum life span of 30 years, subject to the condition that the ACC, in its sole discretion and upon request, may permit substitution of other roofing materials. Section 10.11 Driveways. All. driveways, including any access to the rear yard of any residence, shall be of a hard surface construction of concrete. Section 10.12 Exterior Finish. The siding of each home shall be finished with cedar, stone, brick (real or simulated), vinyl lap or bevel lap siding. Panel siding, "T-1-11" or the equivalent is specifically not permitted. All colors and any other type material shall be approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrapped. The front of each home must contain at least 100 square feet of authentic or simulated brick or stone. Section 10.13 Building Materials. All improvements constructed on any Lot shall be built of new materials, with the exception of "decor" items such as used brick and similar items. The ACC will determine if a used material is a ``decor" item. In making this determination, the ACC will consider whether the material harmonizes with the aesthetic character of the other residences and whether the material would add to the attractive development of the Plat. Section 10.14 Garbage and Refuse Disposal. No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. Section 10.15 Storage and Placement of Building Materials. No building material of any kind shall be placed or stored upon any portion of the Property in the Plat until. the Owner is ready to commence construction; then such material shall be placed within the boundary of the Lot upon which structures are to be erected and shall not be placed in the street or on any Common Area. Section 10.16 Nuisances. No noxious or undesirable thing or noxious or undesirable use of the Property shall be permitted or maintained whatsoever. The ACC's determination of any undesirable or noxious: (a) thing; and/or (b) use of the Property, shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including institution of a legal action of the imposition of fines to abate any [1361168 vl] 17 3899472 Page 20 of 30 ©2101!2©D7 04:81 PM Covenant Thurston County Washington MIKE MgSTR0 I (IIIIII III IIIIII (IIII IIII IIIIII VIII IIII (IIIIII IIIIII IIII IIII (IIII (IIII (IIII VI I (IIII IIII IIII activity, remove anything or terminate any use which is determined by the ACC or described in this Declaration to constitute a nuisance. Section 10.17 Sites. No sign of any kind shall be placed on the Property, except: (a) Signs identifying the Owner and address of the Lot; or (b) Signs designating a Lot or residence for sale or rent. No such signs shall be of a size greater than two (2) feet square and shall not be of a nature offensive or obnoxious to Owners within the Plat. No business signs, advertising signs or signs in any way relating to occupation or profession shall be allowed. None of the foregoing provisions shall apply to signs placed upon the Property by the Declarant during the initial development of the Plat. Section 10.18 Oil and Mining Operations. Oil drilling or oil development operations, refining, mining operations of any kind or the operation of quarries, gravel and sand pit, solid removing or topsoil stripping shall not be permitted on any of the Lots. No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot. Section 10.19 Clotheslines. No clothesline shall be located on any Lot. Section 10.20 Fuel Tanks. No fuel tank shall be maintained above ground on any Lot, unless screened from view in a manner satisfactory to the ACC as evidenced by a written advanced approval. No underground fuel tanks shall be placed, buried or maintained on the Property. Section 10.21 Excavation. Except with the advanced written approval of the ACC, or except as may be necessary in connection with the construction of any improvement, no excavation shall be made on nor shall any dirt be removed from any Lot. Section 10.22 Animals. No animals, livestock or poultry of any kind, other than household pets, shall be kept or maintained on any part of the Property. Dogs and cats, not to exceed a total of two (2), may be kept on any Lot, provided that they are not kept, bred or maintained for any commercial use or purpose. No reptiles shall be kept upon the premises. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Animals shall not be allowed to roam loose outside the boundaries of any Lot on which they are kept. Section 10.23 Cutting of Trees. Trees that have been retained in accordance with the Tree and Vegetation Preservation Plan dated May 15, 2003 and approved by the City of Yelm, shall not be cut without the advance written approval of the City of Yelm. All other trees shall not be cut without the advanced written approval of the ACC. Section 10.24 Natural Draina¢e. No Owner of any Lot shall take any action which would interfere with surface water drainage across that Lot either through natural drainage or drainage easements. Except with the advanced written approval of the ACC, the natural drainage of any Lot shall not be changed. X1361168 v1] 18 3899472 Page 21 of 30 ©2!0112007 04:01 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII (IIII VIII VIII VIII IIII IIII Section 10.25 Vehicle Parking. No vehicle may be parked on any building Lot, except on designated and approved driveways or parking areas, which areas shall be hard- surfaced. Any hard surfaces shall be constructed only in accordance with the site plan approved in writing in advance by the ACC. All vehicles shall be parked in garages or on designated and approved driveways or parking areas located entirely on a Lot. Section 10.26 Inoperable Vehicles. No inoperable vehicles, motorcycles or other motorized apparatus shall be stored on the Lots, the Common Areas, the streets or anywhere within the Plat. If an Owner refuses to remove an inoperable vehicle, the ACC shall have the power to remove the vehicle at the Owner's expense at anytime 24-hours after the posting of an intent to tow notice conspicuously on the vehicle. Section 10.27 Recreational Vehicle Prohibition. Except with the advanced written approval of the ACC, Owners at no time shall keep or permit to be kept on their Lot any house trailer, unattached camper, recreational vehicle ("RV"), boat or boat trailer, unless the same is housed within a garage or located in the rear yard and suitably screened from view from the street and adjacent Lot(s) using a solid board fence at least six (6) feet in height the design of which has been approved by the ACC in advance of the commencement of construction. Section 10.28 Recreational Vehicle Limited Exception. Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle may secure written permission from the ACC for guests to park a vehicle upon the Lot or the public street for a time not to exceed seventy-two (72) hours in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the ACC, or its authorized representative. An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway or other unscreened area for twenty-four (24) hours for the purpose of loading, unloading and cleaning. Section 10.29 Repair of Vehicles or Equipment. No repair or dismantling of any automobile, motorcycle, other vehicle or equipment shall be permitted on the premises; except within an enclosed garage which is kept closed. No mechanical repairs shall be conducted upon the premises; except minor maintenance and mechanical work by an Owner on said Owner's private vehicle; provided that any such activity be conducted in a manner that is not offensive to persons residing in the Plat, is not unsightly, does not result in unusual noise or debris being placed upon the Property and is in keeping with afirst-class residential community. Section 10.30 Utility Lines: Radio and Television Antennas and Dishes. All electrical service, telephone lines and other outdoor utility lines shall be placed underground. No exposed or exterior radio or television transmission or receiving antennas or dishes shall be erected, placed, or maintained on any part of a Lot if it is visible from any street unless it is approved in advance in writing by the ACC prior to installation or construction. Any waiver of these restrictions shall not constitute a waiver as to other Lots or lines, antennas or dishes. Section 10.31 Firearms and Fireworks. No firearms or fireworks of any kind shall be discharged within the Plat. [1361168 vl] 19 3899472 Page 22 of 30 ~2/01/20D7 04: D1 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 10.32 Dirt Bikes and/or ATVs. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATVs, etc., shall be permitted on any road within the Plat, nor shall dirt bikes or ATVs be permitted to operate within the Property. Article XI Insurance Requirements The Association shall continuously maintain in effect such casualty, flood and liability insurance and/or fidelity bonds needed to meet the insurance and fidelity bond requirements, if any, for a planned unit development project established by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot within the project, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association. Article XII Damage or Destruction Section 12.1 In the event of damage or destruction to all or part of the Common Areas, the insurance proceeds, if sufficient, shall be applied to repair, reconstruct or rebuild the damaged and/or destroyed Common Areas in accordance with the original plans. Such repair, reconstruction or rebuilding shall be arranged for promptly by the Board. Section I2.2 If the insurance proceeds are insufficient to pay for the cost to repair the Common Areas, the Board shall promptly, but in no event later than ninety {90) days after the date of damage or destruction, give notice to and conduct a special meeting of the Owners to review the proposed repairs, replacement, and reconstruction, as well as the projected cost of such repairs, replacement or reconstruction. The Owners shall be deemed to have approved the proposed repairs, replacement, and reconstruction as proposed by the Board at that meeting, unless the Owners decide by an affirmative vote of fifty-one percent (51%) of the total votes cast at such meeting (provided a quorum exists), to repair, replace, or reconstruct any portion. of the Common Areas in accordance with the original plan in a different manner than that proposed by the Board. In any case, however, use of hazard insurance proceeds for other than repair, replacement, or reconstruction of any portion of the Common Areas in accordance with the original plans shall not be permitted without the prior written approval of at least sixty-seven percent (67%) of the First Mortgagees (based on one (1) vote for each First Mortgage owned} or Owners (if there is no First Mortgage on that Lot) of the Lots. Article XIII Condemnation In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any balance remaining shall be retained by the Association. [1361168 vl] 20 3899472 Page 23 of 30 02!01!2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII IIII IIII IIIIIII III II IIII IIII VIII VIII VIII VIII VIII IIII IIII In the highly unlikely event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall remain in the Association as additional working capital. No proceeds received by the Association as the result of any condemnation shall be distributed to any Owner or to any other party in derogation of the rights of the First Mortgagee of any Lot. Article XN Mortgagees' Protection Section 14.1 As used in this Declaration: (a) "mortgagee" includes the beneficiary of a deed of trust, a secured party, or other holder of a security interest; (b) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (c) "institutional holder" means a mortgagee which is a bank or savings and loan association or established Mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 14.2 The prior written approval of at least seventy-five (75) percent of the First Mortgagees (based on one vote for each first Mortgage owned) of the individual Lot shall be required for each of the following: (a) The abandonment or termination of the planned unit development status of the project, except for abandonment or termination, if any, provided by law in the case of substantial destruction by fire or other casualty or in the case of a taking by condemnation or eminent domain; (b) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Association, including, but not limited to, any amendment which would change the ownership interests of the Owners in the Plat, change the pro rata interest or obligation of any individual Owner for the purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards; (c) The effectuation of any decision by the Association to terminate professional management and assume self-management (however this shall not be deemed or construed to require professional management); (d) Partitioning or subdividing any Lot; (e) Any act or omission seeking to abandon, partition, subdivide, encumber, sell or transfer any portion of the Common Areas; provided, however, that the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas shall not be deemed a transfer within the meaning of this clause; (f) Any act or omission seeking to change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of buildings and other improvements, the maintenance of common areas, landscaping, perimeter fencing, or to the upkeep of lawns and plantings on the Property; [1361168 vi] 21 3899472 Page 24 of 30 02/01/2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (g) Any act or omission whereby the Association fails to maintain fire and extended coverage on insurable Common Areas or commonly owned property on a current replacement cost basis in an amount not less than one-hundred percent (100%) of the insurable value (based on current replacement costs); and (h) Use of hazard insurance proceeds for losses to any common property for other than the repair, replacement or reconstruction of such damaged or destroyed Common Areas. Section 14.3 Each First Mortgagee (as well as each Owner) shall be entitled to timely written notice of: (a) Any significant damage or destruction to the Common Areas; (b) Any condemnation or eminent domain proceeding effecting the Common Areas; (c) Any default under this Declaration or the Articles of Incorporation or Bylaws which gives rise to a course of action against the Owner of a Lot subject to the mortgage of such institutional holder or insurer, where the default has not been cured in thirty (30) days; (d) Any proposed abandonment or termination of the planned unit development status of this project; and (e) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. Section 14.4 Each First Mortgagee shall be entitled, upon request, to: (a) Inspect the books and records of the Association during normal business hours; (b) Require the preparation of, at its sole expense, and, if preparation is so required, receive an annual audited financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year; and (c) Receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. Section 14.5 First Mortgagees of any Lot may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Areas, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Areas, and the First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. Article XV General Provisions Section 15.1 Binding Effect. All present and future Owners and/or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the [1361168 vl] 22 3899472 Page 25 of 30 D2!©1!2007 ©4:01 PM Covenant Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII IIII) VIII VIII VIII VIII IIII IIII Bylaws and rules and regulations of the Association, as they may be amended from time to time. The acceptance of a deed or conveyance or the entering into occupancy of any Lot shall constitute an agreement that the provisions of this Declaration, the Articles of Incorporation, the Bylaws, and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to the covenants running with the land and shall bind any person having at any time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed, conveyance, rental agreement or lease thereof. Section 15.2 Enforcement. The Declarant, Association and any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Declarant, Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the party found to be: (a) In violation of said condition, covenant, reservation, restriction or any provision of this Declaration; or (b) Delinquent in the payment of said lien or charge. Section 15.3 Failure to Enforce. No delay or omission on the part of the Declarant, Association or the Owners of Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver of or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarant for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which maybe unenforceable. Section 15.4 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provision included in this Declaration which shall remain in full force and effect. Section 15.5 Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, limited liability companies, corporations, associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Property by providing a common plan for the development of the Plat. Section 15.6 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended at any time by a vote of seventy-five percent (75%) of the Members subject to the limitations set forth in this Declaration (e.g., Sections 15.7 and 1.5.8, etc.). Any amendment must be in writing, signed by the approving Members or Owners, and prior to its effectiveness, must be recorded with the Thurston County Auditor's office. [1361168 v1) 2,3 3899472 Page 26 of 30 02/©1/2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 15.7 Power of Declarant to Amend to Meet Financing Requirements. Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of any Owner, at any time prior to the time it has sold and closed seventy-five (75%) percent of the Lots, amend this Declaration by an instrument signed by Declarant alone in order to satisfy the requirements of the Federal Mortgage Agencies. Section 15.8 Certain Rights of Declarant. For such time as Declarant shall own Lots there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: Owner. (a) Discriminate or tend to discriminate against the Declarant's rights as an (b) Change Article I ("Definitions") in a manner that alters Declarant's rights or status. (c) Alter the character and rights of membership or the rights of Declarant as set forth in Article N. (d) Alter previously recorded or written agreements with public or quasi- public agencies. (e) Alter Articles VII, Sections 7.4, 7.5, 7.6 or 7.7; (f) Alter its rights as set forth in Articles VIII and IX relating to architectural controls. (g) Alter the basis for Assessments. (h) Alter the provisions of the use restrictions as set forth in Article X. (i) Alter the number or selection of Directors as established in the Bylaws. (j) Alter the Declarant's rights as they appear under this Article. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this ~ day of 'D~Mt3ER , 2006. ~~ ~ - / / --~ MICHAEL R. MASTI~d"-- [1361168 vl) 24 Date: ~,~ 3899472 Page 27 of 30 02!01!2007 04:D1 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII STATE OF WASHINGTON ) )ss COUNTY OF KING ) On this day personally appeared before me MICHAEL R. MASTRO, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein me Toned. GIVEN under my hand and official seal this ~ day of , 2006. Notary Stamp ~ptAl~ y ev- ~ 1~ p~uG TypelPrint Name Notary Publi n~a'(n~d~f~or~~ Residing at ~~~.7~~-~ My appointment expires: of Washington [1361168 vl] 25 3899472 Page 28 of 30 ©210112007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII EXHIBIT "A" LEGAL DESCRIPTION OF CHERRY MEADOWS PARCELS B, C, D AND E OF BOUNDARY LINE ADJUSTMENT BLA-0400I7YL AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 3623825. SITUATION IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. [1361168 v1] 3899472 Page 29 of 30 02/01!2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I (IIIIII III IIIIII VIII IIII III II VIII II I IIII I IIIIII IIII IIII VIII I III VIII VIII II II IIII IIII EXHIBIT "B" LEGAL DESCRIPTION FOR COMMON TRACTS TO BE MAINTAINED BY THE CHERRY MEADOWS OWNERS ASSOCIATION Tracts A, B, C, D, E, G, H, J, K, L, M, and N of Cherry Meadows, as filed in the records of the Thurston County Auditor. [1361108 v1) 3899472 Page 30 of 30 02/01/2007 04:01 PM Covenant Thurston County Washington MIKE MRSTRO I IIIIIII II IIIIII VIII IIII IIIIII I I IIII IIIIIII IIIIII III II VIII VIII I I IIII VIII IIII IIII eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 9897 Document title(s) (or transactions contained therein): 1. Warranty Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Michael R. Mastro 2. Cherry Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE '/a, and the NE '/4 of the SE '/4 of S 13, T 17N, R 1 E, WM. Parcels B, C, D and E of Boundary Line Adjustment BLA-040017YL as recorded under Thurston County Auditor's file NO. 3623825. Assessors Property Tax ParceVAccount Number: X1713440300,21713440000,21713440100,21713440200 3899470 Page 1 of 4 02/01!2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO IIII III II IIIIII IIII IIIIII IIII IIII II IIIIII IIII IIII VIII VIII VIII Iilll VIII IIII IIII WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS MICHAEL R. MASTRO (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as CHERRY MEADOWS , a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal 3899470 Page 2 of 4 02/01/2007 04:01 PM Rgreement Thurston County Washington MIKE MASTRO I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. ., ~~~ ~ ~ ~ Z Michael R. Mas ro ~, Notary Public in an My commissio~i exp 3899470 Page 3 of 4 02/01!2007 04:01 PM Rgreement Thurston County Washington MIKE MRSTRO IIIIIIIIIIVIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIIIIIIIIIIIIII 20~~ ,before me, the undersigned, a Notary Public i nd for th~tate of Washington, duly sio an s , p r ally appeared ~, that ex cuted the foregoing instrument, and ackn edged a sa d ins ent to be free and voluntary act and deed , for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. STATE OF WASHINGTON) ` ) ss COUNTY OF ) On this day of ~ Given under my hand and seal this a ~ EXHIBIT ~~H r FUTURE BYBASS ROAD 9 10 ii 8 12 13 14 15 16 17 18 19 20 21 22 STORM TRACT 'J' 23 24 25 26 27 7 CHAD DRNE SE 28 6 ~ 5 2 199 198 197 196 195 194 193 ~ 192 191 190 189 188 187 186 185 U 30 3 1491150 151 11521153 154 155 1561 ~ 157' 158,159 1601 161 162 I 184 ~ 163 183 32 __ ? 91ST AVE SE 182 ~ 1 148 1147 ~ 146 c° 169 1168 I 1164 ~ W ~ K YLA ST SE 76 ~ PARK ~ 11661 180 2 ~ W ~ TRACT 'A' Q 170 167 I 165 ~ 36 O p 75 ~ 77 ~ 144 ~ 171 179 O O OQ 74 ~ 78 143 U 172 173 174 175 1761 i77 178 = 37 ~ ~ 38 2 p 73 = 79 142 ~ Y 72 U 80 -~ CALLIE AVE SE 3g U ~ 81 141 1 139 138 137 136 pp 135 134133 132 131 1301129 128 127 ~ 70 82 U 126 4i ~ 84 85 86 87 88 89 ~ 90 91 92 93 94 i 95 96 97 42 69 125 ~ ~ 92ND AVE SE 67 i. STORM 109 108 107 106 ~ U 105 1041103 102 101 100 991 98 124 ,q4 66 TRACT 'H' ~ ~ 123 ~ 65 '110 1tt 112 113 ~ 114 115 116 117 p8 i19 120 121 64 122 KAYL4 ST SE 63 62 161 60 5g 158 57 ~ ~ ~ I gq ~ 52 i 51 150 49 48 , 47 46 TRA ~~ G' 3899470 Page 4 of 4 02/01/2007 04:01 PM Rgreement Thurston County Washington MIKE MASTRO 11111111 III IIIIII IIII IIIIII IIII 1111111 IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII .eturn Address 'itv of Yelm ami Merriman O Box 479 elm, WA 9897 Document title(s) (or transactions contained therein): 1. Bill of Sale Water and Sewer Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Michael R. Mastro 2. Cherry Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SE '/a, and the NE '/4 of the SE '/4 of S 13, T 17N, R 1 E, WM. Parcels B, C, D and E of Boundary Line Adjustment BLA-040017YL as recorded under Thurston County Auditor's file NO. 3623825. Assessors Property Tax ParceUAccount Number: 21713440300,21713440000,21713440100,21713440200 3899471 Page 1 of 2 02/01/2007 04:01 PM Miscellaneous Thurston County Washington MIKE MRSTRO I (IIIIII III IIIIII IIII IIIIII IIII (IIIIII IIIIII IIII IIII VIII IIII (IIII VIII (IIII II I IIII BILL OF SALE THIS BILL OF SALE is made and executed this 'f `~ day of DE'cs>i'+~~~t' , 20 ~ ~ , by and between Michael R. Mastro, 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: The S.T.E.P. system serf~ice lateral from the tank to the sewer main, tank, pump and pump controls. Water lines and related appurtenances lying within the following described areas: Lying within dedicated rights-off=wags and easements for the plat of CHERRY MEADOWS. Cittj of Y'eim's Plat No. SUB-03-8340-YZ and in the eti~isting public rights-off ways of Killion Road and Cu[Iens Road in the vicinity thereof. IN WITNESS WHEREOF, said person has caused this instrument to be executed by its pro er officers and its corporate seal (if any) to be affixed this _~ day of . 20~. Y (Si6nalure) STATE OF W.~SHINGTON ss COUNTY OF ) On the ~ day , 20~, personally appeared before me MICHAEL R. MASTRO to own to be the indi~~idual described in and who executed the within and for s ent and acknowledged that he signed the same as his free and volunt _ r the purposes herein mentioned. I'16'~tc~rofii~,ial seal the d and year first- ov 'ten. ~- ®~r- ~~;e ~ ~, je~~ ~ Notary Public i and for e ~ Std af~Washi on, residing in System accepted this day of Bv: 20 .City of Yelm Community Development Director 3899471 Page 2 of 2 02!01/2007 04:01 PM Miscellaneous Thurston County Washington MIKE MASTRO IIIIIII III (VIII IIII IIIIII IIII I VIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ~ ~ .: ~ ~ ~':~~~ _ ~,:i, Vii;,?: iCt ?'ti C. 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