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Final Recorded Documents
City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: August 15, 2005 Re: SUB-04-0036-YL, Autumn Hill II Final Plat Enclosed please find the final recorded documents for Case Number SUB-04-0036-YL, Autumn Hill II, a 23single family lot subdivision, on Birkland Street SE. If you have any questions, please call me at (360) 458-8496. 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JJ pDr -~vmO-~NO(b-~A-~-~grnN W A W AOaN-• V y O p0 O-•m WO WNrn~uOAOO-~NabNVOIn ACb tnW I= p SOI37'16~W 7650.67 N CN 0 z N ~x ~~ y x h7 O o y '-T ~y ~ ,~ O n yyW O b xVr yy~x Z~ O~ 7.~ _1 °~. ~ N I"•r x ~yy O i x~ N TRACT A: OCCUPATION AND UNMR177EN RIGHTS ON TRACT A. 1RACT A TO BE QUITCLAIMED TO ADJOINING PARCELS ro wESr. HoLaNC uvlTS of OCCUPA110N AT EXIS7INC FENC£LINE. W I eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Protective Covenants, Conditions, & Restrictions 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Autumn Hill II 2. Landshapes NW, Inc 3. Lubbesmeyer, Paul Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the SW 1/4 of the NE'/4 of Section 30. Township 17 North, Range 2 East, W.M. Assessor's Property Tax ParceUAccount Number: 22730130700 IIIIII VIII I Pag 8448of 24 IIIIIIIillllll IIIIIIIIIIII IIIIIIIiI 07/15!20. IIIIIII ©5 1© o DR LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. After Recording Return to: Landshapes Northwest, lnc. 1151 East 112a' Street Tacoma, Washington 98445 DECLARATION OF PROTECTIVE COVENANTS, CONDITONS, EASEMENTS & RESTRICTIONS FOR AUTUMN HILL II Grantor: Landshapes Northwest, Inc., a Washington "S" Corporation Grantee: Autumn Hill II Legal Description: Lots 1 through 23 of the plat Autumn Hill II as recorded in the office of the Thurston County Auditor Assessor's Tax Parcel No.: 22730130700 The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefits of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitude's, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. Individual lot owners shall be responsible for maintenance and care of landscaping along with all adjacent right if way's. ARTICLE ONE: DEFINITONS For the purpose of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of Incorporation and any amendments. 3. "Association" shall mean the Autumn Hill II Homeowner's Association formed as a nonprofit Corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. IIIIII VIII IIIIII Pag 8428of 24 IIIIIIIIIIIIIIIIIIIII ©71151 III VIII IIII I z©051© III ©A LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 2 6. "Common Areas" shall include but not limited to Tract A and Tract B as delineated on the Plat of Autumn Hill II. Common areas shall also mean the property both real and personal in which the Association has been granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer Declarant" The Developer and Declarant shall mean Landshapes Northwest, Inc., a Washington "S" Corporation. However, Developer shall also include any entity, which purchases multiple lots from Landshapes Northwest, Inc., for the purposes of constructing residences thereon. Until such time as Landshapes Northwest, Inc., or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such party has sold or conveyed all the lots held by that entity then that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer, or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgage" or "Mortgagee" shall mean 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 state of federal agency, which holds a first note, or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Autumn Hill II. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. 3748448 IIII IIII p7g 5./205 f ©~OR I VIII 1111111 IIIIII IIIIII (IIII IIIIII (IIII IIIIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 3 17. "Real Property" that is subject to this Declaration is legally described as Lots 1 though 23 of Aurumn Hill II. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from and Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Autumn Hill II shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of the development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. Section Three: Authority of Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Board and the Developer shall not 3748448 IIII D7 /~15.12~05 f 1 D FDA III IIII II IIII IIII III III IIIII IIIII IIIII III III 111111 a. i o. W LANDSHAPES NORTH WEST, DEC $42.00 Thurston C 4 be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Board of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarant has resigned as a director of the association, then the Developer, in accordance with the by-laws, shall conduct by mail an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, by-laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, by-laws and this Declaration. ARTICLE THREE: Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of deed for such Lot. Membership may not be separated from ownership of any Lot. All members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: conveyance of Common Areas: Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tract A as shown on the plat of Autumn Hill II, to the adjoining parcels to the west. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this declaration for the duration of the development, at which time this reservation shall cease and then be of no further force and effect. This tract and any other real properties and improvements which are described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Rights in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES IIIIIIIIII Pag8458of 24 I IIIIII IIIII I IIII IIII IIIII 0711 IIIII IIIII III 512©©5 1© IIIII ©A LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The common areas shall include but not be limited, as defined below, together with all easements, which are for the benefit of all lot owners. The common areas include but are not limited to the following: A. Tract B is a storm water retention tract described in and shown on the Plat of Autumn Hill I1. B. Tract C is open space tract described in and shown on the Plat of Autumn Hill II. C. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Autumn Hill II, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. Section Two: Standard of Maintenance -Lots and Planting Strips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the real property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales and/or underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non-performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot, which poses a substantial risk of injury or significant property, damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient are attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: 1. The real property taxes levied upon the Association for the Common Areas; 2.The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3.The cost of maintaining, repairing and replacing all Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by the Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalks and the curb of any roadway with the 3748448 II IIII IIII X71915! 205 1© ©0R (IIII III III IIIIIIIIIIII Iillllllil IIIIIIIIIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries, which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4.The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an agreement to be executed between the City of Yehn and the Declarant. S.Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors, in the judgment of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Plat of Autumn Hill II for payments in arrears. Costs or fees incurred by the City of Yehn, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the Common Areas cause it to be subjected to other than reasonable wear and tear, or by their actions damages those Common Areas or any other improvements located thereon or therein, then the individual subjecting the Common Area to such use shall have the obligation to repair such damage, upon demand of the Association, and to restore such Common Area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in an easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot, subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purpose and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two-thirds of the lots have been recorded. C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Eight: Insurance. Nothing shall be done or kept in any common areas, which will increase the rate of insurance on the common areas or other lots or improvements without prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written 3748448 II IIII ©7/915./ 205 f 1 ~ O©R VIII III IIII IIII VIII VIII VIII 111111 IIII a . VIII . W III Co LANDSHRPES NORTH WEST, DEC $42.00 Thurston consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2) assessment for such improvements. Also, any such improvements would be subject to acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deem for the benefit and enhancement of said areas and the Association in general. Section Ten: Dumping in Common Area, Common Maintenance Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as deemed in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or places within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. The fencing cannot exceed past the front of the house on any corner lots. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Twelve: Mana eg_ ment. Each owner expressly covenants that the Declarant (during the Development Period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manger or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for such successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for such inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. a) Declarants, for each Lot owned by it, agrees, and each Owner of a lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. b) The annual or other regular and special assessments, together with interest, costs and reasonable attorney's fees, shall be a charge and continuing lien upon 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, cost and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time of the assessment fell due. The personal obligation shall not pass to the Owner's successors-in- interest unless expressly assumed by them. The new Owner shall be personally liable for assessments, which become due on and after the date of sale or transfer. 3748448 IIII IIII IIII 07l915/2~05 f ©OOR IIIIIII III I IIIIIIIIIIIIII IIIIIIIII IIIIIIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said areas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Board acts. The annual or regular assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully act forth. Section Four: Special Assessment for Capitol Improvements. In addition to the annually or regular assessments authorized above, the Association may levy in any assessment year, as 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 capitol improvements upon the Common Areas, including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annually or regular and special assessment shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall pay $100.00 for each lot so acquired at time of closing of the purchase of said Lot, which amount shall be paid to and held by the Association to pay for the association expenses under the terms of this said Declaration. This initial assessment shall be paid in addition to the annual assessment or any pro rated portion thereof, which may be assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $200.00 per lot commencing on January 1, 2005. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said assessment shall be due on or before January 30~' of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowner's Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchased from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association, then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessments against any lot owned by the Declarant. Section Eight: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. III IIII IIII o ~g 84 oos f o : ooa IIIII IIII 1111111 III II IIIIII IIIII IIIIII IIIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 9 Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All special assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval oftwo-thirds the Members. Section Ten: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obligation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who as the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for the assessments by non-use of the Common Areas or abandonment of each Lot. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any such payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such lien. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting Rigs. 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 the 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 remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Article, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins as action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING USE. AND ARCHITECTURAL RESTRICTIONS Section One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all of the lots held in the name of the IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII o7g84Q0 oo:ooA LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 10 Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Autumn Hill IL During this period the Declarant reserves the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and binding. At the expiration of the time period in which the Declarant and the developer has the right to appoint members to the ACC then the Board of Association shall appoint up to three members of the ACC or if members of the ACC resigns and no replacements assume that office then the Board shall act as the ACC until members of the ACC are appointed or take office. Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fence, hedge or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or such other address as is designated by the Board by written notice to the Members. Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans, specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Properly. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eight: No Waiver. 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 Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for the review. 3748448 IIII p7/~15./2005 c ©: DOR IIIII IIII IIIII III III IIII IIIII III IIIII IIIII Wa IIII Co. IIIII on LANDSHAPES NORTH WEST, DEC $42.00 Thurso. 11 Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Board may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section Eleven: Enforcement. The ACC may recommend and request that the Board initiate legal proceedings to enforce the terms of the covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen: Temporary Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that any use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Sixteen: Buildin Type. No structures of any kind shall be erected or permitted to be maintained on any lot other than single-family residences, garages, workshops and structures normally accessory to such residences, which have been approved in accordance with the provisions of the Declaration. No carports will be allowed and all garages must have bay doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two or three car garage is permitted and shall be incorporated in or made a part of the dwelling house. No detached garages shall be permitted except with the express written approval by the Architectural Control Committee or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots with the Property shall be used solely for private single-family residential purposes and not for business purposes, provide, however, that within such single-family residences the Owners(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF, 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND, 3) the day care business will be operated only between the hours of 7a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than four (4) children, in addition to those of the Owner(s) immediate family, are enrolled in either full-time capacity in such day AND, 5) the Owner(s) of such Lot (s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, 6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner(s) operation of such day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association prior to commencing such business operations, and at all 3748448 II IIII D7 9 5.1205 010: ©OR VIII I VIII IIII VIII IIII 1111111 IIIIII VIII IIIIII . Wa . I n Co ioNDSHAPES NORTH WEST, DEC $42.00 Thursto 12 times during such business operations, with verification of liability of insurance coverage in an amount not less than $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to Vehicle parking and signage restrictions,. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days written notice delivered to Owner and should the Owner(s) operation such day care business fail to strictly adhere to the provisions contained within the Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or interest in such business operation to the extent permission to operate such day care business is authorized. Section Eighteen: Limitation on Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of residences. Leashed animals are permitted within the right-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. If the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (]0) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine owned. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Nineteen: Tree Height. No tree, with the exception of street trees in the right of way and trees in Common Areas, shall be allowed to grow to a height of more than thirty-five feet above the adjacent ground unless the Committee determines that the increased height would not have a material adverse effect on the view from other lots. The Association shall specifically have the right to trim offending trees at the Owner's expense after reasonable notice. Section Twenty: Unsig rtly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view of drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non-decorative gear, equipment, cans, bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall been obtained from the ACC. Section Twenty-One: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted in the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the properties. Section Twenty-Three: Roofs. Roofs on all buildings must be fmished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. Section Twenty-Four: Fences, Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (~) twenty feet of the property line; or (ii) the distance between the front wall IIIIIIIIIIIIIIIIII ©798~4o8o©©R IIIIII VIII IIIIII VIII VIII IIII VIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 13 (facade) of the primary residence, subject to (~) approval of the ACC; and (ii) determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall facade of the primary residence. No barb wire, chain link corrugated fiberglass fences shall be erected on any lot, except that chain link fencing for a sport facility enclosure may be considered for approval by the ACC upon request. All fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenty-Five: Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-Six: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas, which shall be hard-surfaced. Only cars of guests and visitors may be pazked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right-of--way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision shall not exclude parking of up to a combination of two (2) automobiles and regular size pick up trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) pazking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screened from the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regulaz sized pick up trucks owned or used by the lot owners), still visible from the right-of--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Boazd for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after written permission has been obtained from the Board. Section Twenty-Seven: Signs. No signs, billboards, or other advertising structures or device shall be displayed to the public view on any lot except (1) not to exceed three square feet in area may be placed on a lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which may be installed by Declarant. Political yazd signs, not more than three squaze feet in area, of a temporary nature, not to exceed thirty days will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section including but not limited to the restrictions on the number of signs and sign size limit shall not apply to signs approved under this Declazation by the Declazant during the development period. The Declarant may establish, for the duration of the development, signage guidelines and standards for lot identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the lots within Autumn Hill II, the common areas, or the public right-of--way. The Declarant may also develop an overall theme for signage within the project, including specific requirements for physical sign installation and size requirements, which theme will then become a part of the established guidelines and standards for signage in Autumn Hill II during the development period. During the development period, the Declarant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Autumn Hill II, including the adjacent right-of--way. Each owner of a lot in Autumn Hill and any developer or real estate agent on behalf of an owner, shall submit any proposed signs to the Declarant for approval prior to the installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Autumn Hill II, the common areas, or on any lot, or on adjacent right-of--way may be promptly removed and disposed of by Declarant. This IIIIII VIII IIIIII VIII VIII IIII IIIIIII 3748448 IIIIIIIIIIIIIIII o7g51205°ooA LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 14 absolute right of the Declarant to remove unauthorized signs from the property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for signs removed by Declarant pursuant to the section. The Board may cause any sign placed on the property or any adjacent rights-of--way in violation of this Declaration to be removed and destroyed without compensation of any kind to anyone including, but not limited to any person having any ownership interest in the sign. This Section shall not apply to signage placed by Declarant. Additional signage may be installed by Declarant during the development period to promote the sale of lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Declaration to the contrary, signs placed by the Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the limitations set forth in this Declaration in the number of signs and size of signs. The Declarant shall also not be subject to any guidelines or standards established by Declarant for other parties pursuant to this Declaration. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed on any lot not owned by the Declarant. This Section shall apply even if Declarant requires an owner to place a sign pursuant to this Declaration. Section Twenty-Eight: Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are parked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. Section Thirty: Drainage. The owner of any Lot shall not take any action, which would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. Section Thirty-One: Use During Construction. Except with the approval of the Board, no persons shall reside upon premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty-Two: Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Thirty-Three: Tanks, Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines, garbage cans. Equipment, coolers, woodpiles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. IIIIIIII 07g84QO ~©oa VIII IIII IIIIIII III VIII VIII VIII 111111 VIII I LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 15 Section Thirty-Four: Auto Repair. No major auto repair shall be permitted except within enclosed garages, which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such astune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finish on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveway. That all driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to fmal building inspection. Section Thirty-Seven: Maintenance of Structures and Grounds. Each Owner shall maintain his Lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Hill. Section Thirty-Eight: Firearms. The use of firearms is expressly prohibited within the plat of Autumn Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any Owner's lot. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. Section Forty-One: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of Autumn Hill II development and whether the material would add to the attraction of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP or vinyl siding of a color approved by the ACC. T1-] 1 siding shall only be permitted on the sides of the residences, which do not face the street, or on the back of residences. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Autumn Hill II will be subject to the same approval process. Section Forty-Two: Minimum Size of Residences. Private single-family residences shall consist of not less than on (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less than two (2) cars, and that no portion of the interior of said garage may be improved and/or fmished for residential use. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residence consisting if a one-story residence or a residence consisting if a basement and one story) shall contain at least 1,200 square feet. Multi Level residences (i.e., tri-levels as that term is used in the construction industry) shall contain at least 1,400 square feet. Two story residences shall contain at least 1,400 square feet. Split- level residences shall contain at least 1,400 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. IIIIII VIII IIIIII VIII IIII ©ag $4©6 of 24 IIIIIIIIIIIIIIIIIIIII ©ooA 1111111 LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 16 Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulation for installing electrical wires and equipment, and the uniform codes (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty-Four: Entry for Inspection. Any agent or member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Forty-Five: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from the court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. ARTICLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under, and on 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 Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an 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) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b) repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; 3748448 II III IIII ©7l915/2~0 0 0 : 0 R I III IIII IIIIIIIII IIIIIIII illllllll IIIIIIIiIII I LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 17 (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e) all acts necessary to enforce these Covenants. Section Four: Easement for Declaration. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspections, and maintenance of utilities and drain facilities as delineated on the plat of Autumn Hill II. No encroachment will be placed within the easement shown on the plat, which may damage or interfere with the installation, inspection, and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGE PROTECTION Section One: Mort~a~es. Notwithstanding and prevailing over any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgagee given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of any covenant, restriction, rule, Association, Article of Incorporation or Bylaw, or management agreement, except those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense to other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest places upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortga eeg 's Ri hg_ts. Any Mortgagee shall have the right upon request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII D7g84Q8 0©.© R LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 18 financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagee's, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of (a) substantial damage or destruction of any Housing Unit or any party of the Common Areas or facilities; (b) any condemnation or eminent domain proceeding involving any Housing Units or portion of the Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not coved within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it hold the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any inswance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Section One: Coverage. The Association may pwchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in furtherance of the Association's duties under this Declaration. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (l0) days prior written notice to any and all inswed named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Two: Replacement Repair After Loss. In the event of damage or destruction of the Common Areas covered by inswance written in the name of the Association, the Association may, upon receipt of the inswance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Board. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 07984©s o©:0 A LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. t9 Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such rights for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration of the Article, Bylaws, rules or regulations or the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS Binding Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and 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 be covenant s running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. Encroachment by Court Action. The Association, the Declaration, the ACC, The Homeowner's Association, or any Lot ovmers 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 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 Owner found to be in violation of said condition, covenants, reservations, or restriction, or found to be delinquent in the payment of said lien charge. Enforcement by Self-Help. The Declarant, the ACC, the Association, or duly appointed agent of either, may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 3748448 VIII II IIII 07/915.! 2~~5 c ~ : ©0R IIIlilllll IIIIIiIII IIIIIIIIII Iilllllllllll I LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 20 4. Condition Precedent to Action. Prior to taking actions either by court or by self-help, written notice shall be given to the offending lot Owners. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than thirty (30) days. 5. Expense of Action. The expense of any corrective action or enforcement of this Declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot Owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (IS) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. 'The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose an arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney's fees. For the purpose of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney's fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising rights, power, or remedy provided in this Declaration shall be construed as a waiver of 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 Declarants 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 may be unenforceable. 9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions, which shall remain in full force and effect. 10. Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vice 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 Properties by providing a common plan for the development Autumn Hill II. I I. Term. This Declaration shall be effective for an initial term of thirty (30) years, and thereafter by automatic extension for successive periods of ten (l0) years each, unless terminated, at the expiration of the initial term or any succeeding ten (10) year term by a termination agreement executed by the then Owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorder with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the Owners. ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION 3748448 IIII 071915 / 2005 c ~ : 0 R IIIIIIIII III IIIIIII III (IIIIIII IIIIIIIII Ililll 111111 LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 21 Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declazant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than the Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declaration. Section Three: Prior Approval by FHA/1-IUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veteran Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the Lot Owners: a) Annexation of additional properties b) Dedication of any properties c) Amendment to this Declaration Section Four: Votine. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty- one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units to other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer hi/her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnafion occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. IIIIII II IIII o 7g 84 oos ~ o ooA IIIIIIIIIIIIIII IIIIIIIIIIIIIIII IIIIIIIIIIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 22 Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the county in which this Declaration is recorded. Section Six: Protection of Declazant. For such time as Declarant shall own Lots located in the Properties 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: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Defmitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declazant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this 27~da of ~~ ~~ , 2005. y La pes North st, Inc. By: a~ __---' Paul Lubbesmeye President STATE OF WASHINGTON ) SS. COUNTY OF THURSTON ) On this ~ ~ day of ~~ j , 2005 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared PAUL LUBBESEMEYER, to me known to be the PRESIDENT of LANDSHAPES NORTHWEST„ INC., a Washington "S" Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the "S" IIIIII III Pag 84 23 of 24 IIIIIIIII IIIIIIIII IIIIIIII 0711.:.. III III IIII 5!2©051 IIIIIIIII ©©oA LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. 24 WITNESS my hand and official seal hereto affixed the day and year first above written. ~-7 ~ Dated this ~ /~ day o2 , 2t)tJ~. -- ---- / n f~l ELISSA A BEYER Name: _ N OTARY PIJBtJC STATE OF WAS1~1~1 NOTARY- YtJ~BLIC in and for the State of G~I,i1 COMMISSION E ~. JANUARY Residing at ~ t~,,~ Nfy appointment expires: 1 '~ ~q - ~~'" 3748448 IIIIIIIIII ©7/915./20 5~1o:~OR IIIIIII III III IIIIIIIIIII IIIII IIIIIIIII IIIIIII LANDSHAPES NORTH WEST, DEC $42.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Autumn Hill II 2. Landshapes NW, Inc 3. Lubbesmeyer, Paul 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 S W '/4 of the NE '/4 of Section 30. Township 17 North, Range 2 East, W.M Assessor's Property Tax ParceVAccount Number: 22730130700 i IIIIII Pag 8449of 3 IIIIIII IIII VIII Illilll IIIIII IIIIII o~„ IIIIII s~zo III IIII os io ooa LANDSHAPES NORTH WEST, AGR $21.00 Thurston Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS I.AI~tt7SNtt~~~~~?i la~'Jt~7 I'~C (hereinafter refereed 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 Nit.L.IZ , a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the sp4ecifications hereinafiier 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 (VIII VIII IIIIII VIII VIII IIII IIIIIII III VIII II IIII 07g 54005 `O.OOA II LANDSHAPES NORTH WEST, AGR $21.00 Thurston Co. Wa. 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. ti~ ~At,c ~- ~~t 3~3C-sn~i_aj ~'~ `~' ~S.+t -~PES tS~IZ 1 N Y~L~ ~ IBC STATE OF WASHINGTON) ss VvuivT'Y ur= Ti-iunSTOiv ) On this ;Z ~ fi~ day of ~ _, 20 ~1~, before me, the undersigned, a Notary Public in an for the State of Washington, duly commissioned and sworn, personally appeared that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and MELISSA A BEYER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES IeAlt IADV n nnn~ peal this 2C~~ day of ~ 'l C[~ , 20 U ~. 1~ ;~~.~: ~ is ' C'~ !~ :J N ry Public in and ft~r th State of Washington, residing in My commission a fires: -~%-rJ~ 3748449 IIIIIIIIIII 07/15•/2005 10 OOA IIII III II 1111111 IIIIIIIII IIIIIIIIII 111111 II LANDSHAPES NORTH WEST, AGR $21.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Residential Agreement to Maintain Stormwater Facilities 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Autumn Hill II 2. Landshapes NW, Inc 3. Lubbesmeyer, Paul 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 SW I/4 of the NE'/4 of Section 30. Township 17 North, Range 2 East, W.M Assessor's Property Tax ParceUAccount Number: 22730130700 IIIIII VIII IIIIII VIII VIII (III IIII 3748450 III III VIII IIII IIII 07 g 5! 2005 f of ooA LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN LANDSHAPES NORTHWEST, INC., THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND CITY OF YELM (HEREINAFTER "JURISDICTION") The upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP'S) are 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 BMP's. LEGAL DESCRIPTION: Lots 1 through 23 of the Plat of Autumn Hill II as recorded in the office of the Thurston County Auditor. Located in the Section 30, Township 17 North, Range 2E, W.M. Thurston County, Washington. Whereas, OWNER has constructed improvements, including but not limited to, building, 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 JURISDICTION's water resources, the JURISDICTION and OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". I III VIII IIII IIII ©7e 84 ©0s f of ooA IIII VII I IIIII I VIII VIII IIII I IIIII LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. (2) Maintain a record (in form of a logbook) of steps taken to implement the programs referenced in (1) above. The logbook shall be available for the inspection by appointment at 1151 EAST 112TH STREET, TACOMA, WASHINGTON 98445. The logbook 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 on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists on Attachment "A" and use them to complete its monthly inspections. These completed checklists would then in combination, comprise the monthly logbook. (3) 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 15th of each calendar year and shall contain, at a minimum, the following: a) Name, address, and telephone number of the business, the person, or firm responsible for plan implementation, and the person completing the report. b) Time period covered by the 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 logbook, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoices for services. d) An outline planned activities for the next year. THE JURISDICTION SHALL: (1) Provide technical assistance to OWNER in support of their 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, at no charge to OWNER. 3748450 IIII IIII 07/915./2~~5 f © OVA III VIII IIIlillllll IIIIIIIIII IIIIIIIIII 1111111 I LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. (2) Review annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (3) Review this agreement with OWNER 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 OWNER notice of the 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 OWNER stating the JURISDICTION's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any tine 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 (1) above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER 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 (I) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except 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 judgments. If IIIIII VIII IIIIII VIII VIII IIII IIIIIII III VIII IIIIII ©7g 84 o0s f ©1©oa II LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. 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 in the property or any part 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. `f~ Dated this Z7 day of ~~~~, 2005. Paul Lubbesmeyer President STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, PAUL LUBBESMEYER known to be the individual(s) described, and who executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. 3748450 II III VIII IIII IIII 07 /915120D5 f Ol o0R IIIIIIIIIIIIIII IIIIII VIII IIIIII IIII LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. j~Tame: NOTARY PUBLIC in and for the State of Washington Residing at ~~ nn My appointment expires: . ~~ L(~SA A. BEYER ~~ ~J1"ARY PUBLIC ~~aTE o~ wASHiNGTON COMMISSION Q(PIRES ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Drainage Systems ~ Conditions To Conditions That F uen Feature Problem Check For Should Exist M Structure Trash & Distance between debris buildup and bottom of All trash and debris removed. debris orifice plate is less than 1% feet. (includes sediment A Structural Structure is not securely attached to manhole Structure securely attached to wall and outlet damage wall and outlet pipe structure should support at pipe. least 1,000 ounds of u or down ressure. A Structure is not in upright position (allow up to Structure in correct position. 10% from lumb . A Connections to outlet pipe are not watertight and Connections to outlet pipe are watertight; show signs of nrst. structure repaired or replaced and works as desi ed. M Any holes-other than designed holes--in the Structure has no holes other than designed structure. holes. M,S Cleanout Damaged or Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. ate missin A Gate cannot be moved up and down by one Gate moves up and down easily and is maintenance rson. waterti ht. M,S Chain leadin to ate is missin or dama ed. Chain is in lace and works as desi ed. A Gate is rusted over 50% of its surface area. Gate is repaired or replaced to meet design standards. M,S Obstructions Any trash, debris, sediment, or vegetation Pate is free of all obstructions and works as blockin the late. desi ed. M,S Overflow Obstructions Any trash or debris blocking (or having the Pipe is free of all obstructions and works as i e otential of blockin the overflow i desi ed. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 17 I IIIIII 3748450 VIII Page: 6 of 13 IIIIIII IIIIII VIII VIII VIII VIII VIII ©7/ IIIII 15, LANDSHAPES NORTH WEST, AGR z©©5 1©.oOR $31.00 Thurston Co. Wa, ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Drainage System ~ Conditions To Conditions That Fre uenc Feature Problem Check For Should Exist M,S General Trash, debris, Trash or debris in front of the catch basin No trash or debris located immediately in from and sediment opening is blocking capacity by more than 10%. of catch basin opening. Grate is kept clean and in or on basin allows water to enter. M Sediment or debris (in the basin) that exceeds No sediment or debris in the catch basin. Catch 1/3 the depth from the bottom of basin to invert basin is dug out and clean. of the lowest i into or out of the basin. M,S Trash or debris in any inlet or pipe blocking Inlet and outlet pipes free of trash or debris. more than 1 /3 of its hei ht. M Stmctural Comer of frame extends more than 3/4 inch past Frame is even with curb. damage to curb face into the street (if applicable). frame and/or to slab M Top slab has holes larger than 2 square inches or Top slab is free of holes and cracks. cracks wider than 1 /4 inch (intent is to make sure all material is rurutin into the basin . M Frame not sitting flush on top slab, i.e., Frame is sitting flush on top slab. separation of more than 3/4 inch of the frame from the to slab. A Cracks in Cracks wider than 1/2 inch and longer than 3 Basin replaced or repaired to design standards. basin feet, any evidence of soil particles entering catch Contact a professional engineer for evaluation. walls bottom basin through cracks, or maintenance person 'ud es that stmcture is unsound. A Cracks wider than 1/2 inch and longer than 1 No cracks more than 1/4 inch wide at the joint foot at the joint of any inleUoutlet pipe or any of inleUoutlet pipe. evidence of sail particles entering catch basin throu h cracks. A SettlemenU Basin has settled more than 1 inch or has rotated Basin replaced or repaired to design standards. misali ent more than 2 inches out of all ment. Contact a rofessional en ineer for evaluation. M,S Fire hazard or Presence of chemicals such as natural gas, oil, No color, odor, or sludge. Basin is dug out and other and gasoline. Obnoxious color, odor, or sludge clean. ollution noted. M,S Outlet pipe is Vegetation or roots growing in inlet/outlet pipe No vegetation or root growth present. clogged with joints that is more than six inches tall and less ve etation than six inches [f you aze unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (Mazch or April preferred) M =Monthly (see schedule) S =After major storms Page K - 18 I VIII 3748450 IIII Page: 7 of 13 VIII IIII VIII IIIIIIII 1111111 VIII VIII 0711 IIII 512 , II 005 10.OOR LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M,S General Trash & debris Dumping of yard wastes such as grass Remove trash and debris and dispose as buildup in pond. clippings and branches into basin. Unsightly prescribed by City Waste Management accumulation ofnon-degradable materials such Section. as lass, lastic, metal, foam, and coated er. M,S Trash rack plugged Baz screen over outlet mare than 25% covered Replace screen. Remove hash and debris or missing by debris or missing. and dispose as prescribed by City Waste Management Section. M Poisonous t ti Any poisonous vegetation which may t t d t bli l f t h th E Remove poisonous vegetation. Do not etation without h i l e on vege a i xamp cons u e a azar o e pu c. es o i i i l d sppray c s on v g em ca ti bt id fr th C sonous vegetat on nc e: tansy ragwort, po u oopera ve aining gu ance om e o poison oak, stinging nettles, devilsclub. Extension Service and approval from the Ci . M,S Fire hazard or Presence of chemicals such as natural gas, oil, Find sources of pollution and eliminate pollution and gasoline, obnoxious color, odor, or sludge them. Water is free from noticeable color, noted. odor, or contamination. M Vegetation not i For grassy ponds, grass cover is sparse and d F l For grassy ponds, selectively thatch, G i d growing or s y or is overgrown. or wet and ponds, wee aerate, and resee ponds. rass cutt ng overgrown plants are sparse or invasive species are unnecessary unless dictated by aesthetics. present. For wetland ponds, hand-plant nursery- grown wetland plants in bare areas. Contact the Cooperative Extension Service for direction on invasive species such as purple loosestrife and reed canary grass. Pond bottoms should have uniform dense cove a of desired lant s ecies. M Rodent holes Any evidence of rodent holes if facility is Rodents destroyed and dam or berm acting as a dam or berm, or any evidence of repaired. Contact the Thurston County water piping through dam or berm via rodent Health Department for guidance. holes. M Insects When insects such as wasps and hornets Insects destroyed or removed from site. interfere with maintenance activities, or when Contact Cooperative Extension Service m uitces become a nuisance. for idance. A Tree growth Tree growth does not allow maintenance Trees do not hinder maintenance access or interferes with maintenance activity activities. Selectively cultivate trees such (i.e., slope mowing, silt removal, or equipment as alders for firewood. movements). If bees are not interfering with access, leave trees alone. M Side slopes of d Erosion on berms i / Check around inlets and outlets for signs of i Ch k b f f lidi Find causes of erosion and eliminate h Th l h ld be bili d b pon or at entrance ex t eros on. erms or sirs o ec s ng or t em. en s opes s ou sta ze y settling. Action is needed where eroded using ap ropriate erosion control p damage over 2 inches deep and where there is measure( s); e.g., rock reinforcement, tential for continued erosion. lantin of s, coin action. M Storage area Sediment buildup Accumulated sediment that exceeds 10% of the Sediment cleaned out to delig~ed pond in pond designed pond depth. Buried or partially shape and depth; pond reseeded if buried outlet structure probably indicates necessary to control erosion. si ificant sediment de osits. A Pond dikes Settlements Any part of dike which has settled 4 inches Dike should be built back to the design lower than the deli n elevation. elevation. A Emergency Rock missing Only one layer of rock exists above native soil Replace rocks to design standards. overflow/ in area 5 square feet or larger, or any exposure illwa of native soil. One Time Emergency Overflow missing Side of pond has no area with lazge rocks to Contact City for guidance. overflow/ handle emergency overflows illwa [f you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =Alter major storms Page K - 19 3748450 I IIII IIII ©71915./2005 f ©OOfl IIII III IIII Iillllllll IIIIIIIIIII IIIIIIIIIII II LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M,S General Trash & debris See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. buildu in and M Poisonous See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. ve elation M,S Fire hazard or See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. ollution M Vegetation not See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. growing or is over wn M Rodent holes See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. M Insects See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. A Storage area Sediment buildup A soil texture test indicates facility is not Sediment is removed and/or facility is in system working at its designed capabilities or was cleaned so that infiltration system works incorrectly designed. according to design. A sediment trapping area is installed to reduce sediment trans ort into infiltration area. A Storage area A soil texture test indicates facility is not Additional volume is added through drains slowly working at its designed capabilities or was excavation to provide needed storage. (more than 8 incorrectly designed. Soil is aerated and rototilled to improve hours) or drainage. Contact the City for ove ows information on its requirements regarding excavation. M Sediment Any sediment and debris filling area to 10% of Clean out sump to design depth. trapping area depth from sump bottom to bottom of outlet pipe or obstructing flow into the connector i e. One Time Sediment Stormwater enters infiltration area directly Add a trapping azea by constructing a trapping area not without treatment. sump for settling of solids. Segregate present settling area from rest of facility. Contact Ci for uidance. M Rock filters Sediment and By visual inspection little or no water flows Replace gravel in rock filter. debris throu h filter durin hea rain storms. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 20 3748450 I IIII ©79 5./2~~5 f D ODR IIIII IIIII IIIII III IIII IIIII IIIII (IIIII IIII IIIII III Wa LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature A Rock pad Missing or moved Only one layer of rock exists above native soil Replace rocks to design standard. rock in area 5 square feet or larger, or any exposure of native soil. A Rock-filled Missing or moved Trench is not full of rock. Add large rock (t30 Ib. each) so that rock trench for rock is visible above edge of trench. discharge from nd M Dispersion Pipe plugged Accumulated sediment that exceeds 20% of the Pipe cleaned/flushed. trench with sediment desi de th. M Perforations Over 1/2 of perforations in pipe are plugged Clean or replace perforated pipe. lu ed with debris and sediment. M,S Not dischazging Visual evidence of water discharging at Trench must be redesi~ed or rebuilt to water property concentrated points along trench (normal standard. Elevation of lip of trench condition is a "sheet flow' of water along should be the same (flat) at all points. trench . Intent is to revent erosion dama e. M,S Water flows out Maintenance person observes water flowing Facility must be rebuilt or redesigned to top of out during any storm less than the design storm standards. Pipe is probably plugged or "distributor" or it is causing or appears likely to cause damaged and needs replacement. catch basin dams e. M,S Receiving area Water in receiving area is causing or has Stabilize slope with grass or other over-saturated tential of causi Im~dslide. elation, or mck if Nndition is severe. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 21 3748450 IIII ©7~t512~05o©:©DA IIII IIII IIII IIII III IIII IIII Wa . IIII o. III C IIIII ton III urs IIII Th IIII 0 I 1.0 LANDSHAPES NORTH WEST, AGR $3 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M General Missing or Any defect in the fence or screen that permits Fence is mended or shrubs replaced to broken parts/dead easy entry to a facility. form a solid barrier to entry. shmbbe M,S Erosion Erosion has resulted in an opening under a Replace soil under fence so that no fence that allows en b eo le or ets. o mn exceeds 4 inches in hei ht. M Unruly Shmbbery is growing out of control or is Shrubbery is trimmed and weeded to vegetation infested with weeds provide appealing aesthetics. Do not use chemicals to control weeds. A Wire Fences Damaged parts Posts out of plumb more than 6 inches. Posts plumb to within 1 %: inches of lamb. A To rails bent more than 6 inches. To rail free of bends eater than ]inch. A An art offence (including posts, top rails, and fabric) more than I foot out of design Fence is aligned and meets design standards. ali ent. A Missin or loose tension wire. Tension wire in lace and holdin fabric A Missing or loose barbed wire that is sagging Barbed wire in place with less than 3/4- more than 2%: inches between posts. inch sag between posts. A Extension arm missing, broken, or bent out of Extension arm in place with no bends sha more than 1'/z inches. laz er than 3/4 inch. A Deteriorated Part or parts that have a rusting or scaling Structurally adequate posts or parts with a paint or condition that has affected structural adequacy. uniform protective coating. rotective coatin M Openings in Openings in fabric are such that an 8-inch- No openings in fabric. fabric diameter ball could fit thro If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: 1~ A =Annual (Mazch or April preferred) M =Monthly (see schedule) S = ARer major storms Page K - 22 3748450 I III IIII <J71~15./20©5 010: © R (IIIIIII IIIIIII IIIIIII IIIIIII IIIIIIIII IIIIIII i LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Frequency Drainage a Problem Conditions to Check For Conditions That Should Exist System Feature M General Damaged or missing Gate is broken, jammed, or missing. Pond has a functioning gate to allow entry components of people and maintenance equipment such as mowers and backhoes. If a lock is used, make sure City Stormwater Section field staff have a ke . M Broken or missing hinges such that ggate Hinges intact and Tubed. Gate is working cannot be easily opened and closed by a freely. maintenance rson. A Gate is out of plumb more than 6 inches and Gate is aligned and vertical. more than 1 foot out of desi n ali ment. A Missing stretcher bar, stretcher bands, and Stretcher bar, bands, and ties in place. ties. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Kev A =Annual (Mazch or April preferred) M =Monthly (see schedule) S =After major storms Page K - 23 IIIIII VIII IIII I Fag 8450 of 13 VIII VIII III 07/ IIIIIIIIIIIIII ,5/z©051© IIIIIIIIII oR LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M,S Pipes Sediment & Accumulated sediment that exceeds 20% of the Pipe cleaned of all sediment and debris. debris diameter of the i M Vegetation Vegetation that reduces free movement of All vegetation removed so water flows water throu i es. freel throu i es. A Damaged (rusted, Protective coating is damaged; rust is causing Pipe repaired or replaced. bent, or crushed) more than 50% deterioration to any part of i e. M Any dent that significantly impedes flow (i.e., Pipe repaired or replaced. decreases the cross section area of pipe by more than 20% . M Pipe has major cracks or tears allowing Pipe repaired or replaced. roandwater leaks e. M,S Open ditches Trash & debris Dumping of Yazd wastes such as grass cli in s and branches into basin Unsi htl Remove leash and debris and dispose as ib Cit W t M t d b pp g . g y prescr y anagemen e y as e accumulation ofnon-degradable materials such Section. as lass, lastic, metal, foam, and coated er. M Sediment buildup Accumulated sediment that exceeds 20% of the Ditch cleaned of all sediment and debris desi de th. so that it matches desi A Vegetation Vegetation (e.g., weedy shrubs or saplings) that reduces free movements of water through Water flows freely through ditches. Grassy vegetation should be left alone. ditches. M Erosion damage See Ponds Checklist. See Ponds Checklist. to slo es A Rock lining out Maintenance person can see native soil beneath Replace rocks to design standard. of place or the rock lining. missing (if a licable Varies Catch basins See Catch Basins Checklist. See Catch Basins Checklist. M,S Swales Trash & debris See above for Ditches. See above for Ditches. M Sediment buildup See above for Ditches. Vegetation may need to be replanted after cleanin . M Vegetation not Grass cover is sparse and weedy or areas aze Aerate soils and reseed and mulch bare growing or overgrown with woody vegetation. areas. Maintain grass height at a overgrown minimum of 6 inches for best stormwater treatment. Remove woody growth, recontour, and reseed as necessa M,S Erosion damage See Ponds Checklist. See Ponds Checklist. to slo s M Conversion by Swale has been filled in or blocked by shed, If possible, speak with homeowner and homeowner to woodpile, shrubbery, etc. request that Swale area be restored. incompatible use Contact City to report problem if not rectified voluntaril . A Swale does not Water stands in Swale or flow velocity is very A survey may be needed to check grodes. drain slow. Stagnation occurs. Grades need to be in 1-5% range if possible. If grade is less than 1 %, underdrains ma need to be installed. [f you aze unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 24 IIIIII VIII IIIIII VIII VIII III 3748450 IIIIIIIIIIIIIIIIIIIIIIII 0795/2©S~ooA LANDSHAPES NORTH WEST, AGR $31.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Autumn Hill II 2. Landshapes NW, Inc 3. Lubbesmeyer, Paul 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 SW '/4 of the NE 1/4 of Section 30. Township 17 North, Range 2 East, W.M. Assessor's Property Tax ParceUAccount Number: 22730130700 III IIIIIII III VIII IIII IIII ©7g 84 005 f o :: ©oa 111111 (IIII 111111 VIII VIII LANDSHAPES NORTH WEST, PC $24.00 Thurston Co. Wa. CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2038802 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: LANDSHAPES NORTHWEST, INC., A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX: $16.8 0 I IIIIII VIII IIIIII VIII VIII IIII IIIIIII III VIII IIII IIII 0 7g 84 ©D5 f D D0R LANDSHAPES NORTH WEST, PC $24.00 Thurston Co. Wa. Records examined to APRIL 2 8, 2 0 0 5 at 8: 0 0 AM By . ~, ' ~ ~~~ MARK A KARJALAHTI Title Officer (360)456-7878 PLATCRTA/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2038802 LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., LYING SOUTHERLY OF YELM IRRIGATION DISTRICT DITCH; EXCEPTING THEREFROM COUNTY ROAD KNOWN AS VANCIL ROAD ALONG THE EAST BOUNDARY, AND EXCEPT THE SOUTH 116 FEET THEREOF. IN THURSTON COUNTY, WASHINGTON 3748451 II IIII 07/~15./2~05 f ~ ©~R (IIII II 1111111 111111 III IIII (IIII IIIII IIII IIIII III LANDSHAPES NORTH WEST, PC $24.00 Thurston Co. Wa. PLATCRTL/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2038802 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed bylaw, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. ,T. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). IIIIII VIII IIIIII VIII (III I 3748451 II 1111111 III VIII IIII IIII 079 5!2005 f o ooA LANDSHAPES NORTH WEST, PC $24.00 Thurston Co. Wa. PII.TCRTB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2038802 EXCEPTIONS A 1. GENERAL AND SPECIAL TRXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: 2005 TAX ACCOUNT NUMBER: 22730130700 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 82,100.00 ASSESSED VALUE-IMPROVEMENTS: $ 188,000.00 GENERAL & SPECIAL TAXES: BILLED: $ 3,623.13 PAID: $ .00 UNPAID: $ 3,623.13 6 2. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANDSHAPES NORTHWEST, INC., A WASHINGTON CORPORATION TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: MT. RAINIER NATIONAL BANK AMOUNT: $ 247,500.00 DATED: OCTOBER 4, 2004 RECORDED: OCTOBER 12, 2004 RECORDING NUMBER: 3680409 r z ~ LOAN NUMBER: 0 ~ ~ THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE ~^ SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER z ~ OF THE INDEBTEDNESS SECURED. o ~o ~ ~~ ~ x ~ ~ C 3. ENCROACHMENT OF AN EXISTING FENCE OVER THE WEST LINE ONTO SAID PREMISES ~ ~ , AS DELINEATED ON THE FACE OF SURVEY, AS RECORDED JANUARY 13, 1982 UNDER AUDITOR'S FILE NO(S) 8201130001. v A ~ ~ D 4. RIGHT, TITLE AND INTEREST OF OWNER OF THE LAND ADJOINING SAID PREMISES ON ~ THE WEST AS TO THAT PORTION OF THE LAND LYING BETWEEN THE FENCE AND THE ~ a ~ PROPERTY LINE, AS DISCLOSED ON THE FACE OF SURVEY, RECORDED JANUARY 13, ~ 1982 UNDER AUDITOR'S FILE NO(S). 8201130001. 1 maw z ~ w +~ E 5. EASEMENT AFFECTING A PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED 'a `" m 0D THEREIN: o © vi u~i 3 ~ Fi n °, IN FAVOR OF: PUGET SOUND POWER & LIGHT COMPANY ~ o m PURPOSE: ELECTRIC TRANSMISSION AND DISTRIBUTION ~ D LINE AND APPURTENANCES THERETO P[ATCRTBI/RDA/0999 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2038802 RECORDED: RECORDING NUMBER: AFFECTS: F G H END OF SCHEDIILE B IIIIIII Page8461of 6 IIII I IIII IIII IIII IIIIIIII Illillill 111111 ©7f1 illlll 52©© II 5 i D ©DR LANDSHAPES NORTH WEST, pC $24.00 Thurston Co. Wa. DECEMBER 28, 1979 1100597 PORTION OF SAID PREMISES 6. CITY OF YELM ORDINANCE N0. 443 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: REGARDING: MARCH 21, 1994 9403210028 ANNEXATION 7. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 18, 1994 RECORDING NUMBER: 9410180152 REGARDING: WATERLINE EXTENSION WITH THE CITY OF YELM AND COSTS RELATED THERETO 8. AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER 18, 1994 RECORDING NUMBER: 9410180154 REGARDING: S.T.E.P. SEWER EXTENSION WITH THE CITY OF YELM AND COSTS RELATED THERETO PIATCRB2/RDA/0999 eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Autumn Hill II 2. Landshapes NW, Inc 3. Lubbesmeyer, Paul Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, to~~nship, range) The S.W. '/4 of the N.E. '/4 of Sec. 30, Twp. 17N, Rng 2E. Assessor's Property Tax ParceVAccount Number: 22730130700 3748452 II III VIII IIII IIII 07/915/2005 t0.00R IIIIIIIIillilll IIIIIIIIIIII Ililllill LANDSHAPES NORTH WEST, MISC $20.00 Thurston Co. Wa. BILL OF SALE c= THIS BILL OF SALE is made~nd exec~tcd this ;th day of , ~.~.4' ~ _; , 2(1' ~ b~ and bct,vccn ~`l~t ~ 1 "` ~ ; ~~/ and 1` . ~t `~ ~ '~^ -hereinafter called the grantor(s), and the Ci _~ of Yelmm a Municipa Corporation, hereinafter called the grantee. ~'VITNESSETH: That the grantor(s), for good and valuable consideration, the receipt of «hich is hereby acknowledged, hereby convey, set over, assign and ~yarrant to the Cit}~ of Yelm the follo~ying described propem~ situated in Thurston County. State of ~~4'ashington, TO WIT: The S.T.E.P. system sen~ice lateral from the tank to the sewer main, tank, pump and pump controls lying within the follo«ing described easement arc: Lying within dedicated rights-of-~yays and easements for the plat of Autumn Hill II. City of Yelm's Plat No. SUB-04-0036-YL. The grantor(s) hereby ~yarrants that he/she/the}~ are the sole o«ner(s) of all the property above conveyed, he/she/they have the full po~yer to convey the same, and that he/she/they will defend the title of said grantee against am and all persons la~~fully making claims thereto. Dated at Yelm, Washington, this !~l' day of •rUn/~ . 20C~. ~ti~ti Paul Lubbesmeyer Landshapes Northwest. Inc./President SATE OF WASHINGTON COUNTY OF THURSTON ) ss I certifi• that I know or have satisfactory evidence that ~uu~.~ ~-~,i,~ ~~-~"mil if~'h~ (is/arc) the person(s) ~zho appeared before me, and said person(s) acknowledged that }3~ .~ r i ((x ~~j,C~-lr ~"= ~~'t' (he/she/they) signed this instrument, and ackno~yledged it to be (3i~ ~ ,~ ~.,. }~ - f ~ ~ ' ~ ~ -~~ ~f f ~ `% his/her/their free and voluntan~ act for the uses and purposes therein mentioned. Given under my hand and seal this ! t~~ da_y of ~ ~I` , 20 '~~ - MELISSA A BEYER Notar<• Public in and` or the NOTARY PUBLIC State of Washington. residing in STATE OF WASHIN6TON`7~C~ ~~~~ ~ CL-i.:a-r COMMISSION EXPIRES M omission empire . I -~i~ J~ IA \11 I~f1\/w www~ - System accepted by the City of Yelm this day of ~~~~~) ~~~~~ ~~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~~~~ ~~~ ~~~~~ ~~~~ ~~~~ a 7~ 84 oos f o: ooA LANDSHAPES NORTH WEST, MISC $20.00 Thurston Co. Wa. 20 Cit,_ of Yclm By Director of Public ~~%orks eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Water 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Autumn Hill II 2. Landshapes NW, Inc 3. Lubbesmeyer, Paul Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The S.W '/4 of the N.E. 1/4 of Sec. 30, Twp. 17N, Rng 2E. Assessor's Property Tax ParceVAccount Number: 22730130700 IIIIIIVIIIII Pag8453of 2 Illillllll Iilllllllli IIIIIIII o~r~srzo IIII III os io I IIII ooa LANDSHAPES NORTH WEST, MISC $20.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and exec ted this ~ti~ day of ~. ~~~ . 20 ~ b~ and between ~-i\Ci~~=~r~.t~ ~ C h 1 ~ ~ ~'- `~~ .hereinafter called the ~ .~ ~ ~ and ~ ~I ~ . ; r, grantor(s). and the City of Yelmm a Municipa Corporat~on~rcinafter called the grantee. WITNESSETH: That the grantor(s). for good and valuable consideration, the receipt of ~~hich is hereby ackno~yledged, hereby com~ey, set over, assign and «arrant to the City of Yelm the follo~ying described propert}- situated in Thurston County, State of Washington, TO ~~~ IT: All water lines and related appurtenances 1}ing ~~ithin dedicated rights-of--ways and casements for the plat of Autumn Hill II, Cit<~ of Yelm's Plat No. SUB-04-0036-YL TN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its L- proper officers and its corporate seal (if am) to be affixed this ~~ ' rJ day of l ~_ Paul Lubbesme~' r Landshapes Northwest. Inc, resident STATE OF ~~%ASHINGTON ) ss COUNTY OF THURSTON ) On the ~ [~'rr~ da}• of ~-~ ~~~ ~~ . 20~, before me, a notary public in and for the State of Washington, dul}' commissioned and sworn, personally appeared Paul Lubbesmeycr to me kno~~n to be the Landshapes North~yest_ Inc President and acknowledged the said instrument to be the free and voluntan act and deed of said corporation. for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if am) is the corporation seal of said corporation. WITNESS my hand and official seal the day and year first-above ~yritten. ~__.. r `~I_ISSA A. BEYER ~!~TARY PUBLIC ~~ ,: "fiG' !~ :~C . _ ~~~ ; ~.~ -';;i-~.~ ,' ~~~' ~~ ~ F ih'ASHINGiT~N No ry Public in an for the '" CC~~~~~~'~'~SSION DCPIRES St~ e of Washington. residing in ,,.,. J ARY 9, 2007 '. System accepted this day of . 20_ City of Yelm By: Director of Public \'~'orks 3748453 IIII IIII 07 9 5.12005 f 0 OOR III VIII IIIIIII IIIIII (IIIIIII IIIIIII (IIII IIIIII LANDSHAPES NORTH WEST, MISC $20.00 Thurston Co. Wa.