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Final Recorded Documentsa~ ~H~ City of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 _a„~~,,,,,, (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: March 16, 2006 Re: SUB-04-0148-YL, Oakridge Final Plat Enclosed please find the final recorded documents for Case Number SUB-04-0148-YL, Oakridge, a 44 single family lot subdivision, on Middle Road SE and Prairie Creek Loop. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\04-0148 Oak Ridge Plat\Final\dist final plat memo.doc YELM CHAMBER OF COMMERCE PO BOX 444 YELM WA 98597 APPLICANT'S ARCHITECT SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 STEPHANIE RAY CITY OF YELM PUBLIC WORKS GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 YELM POST OFFICE YELM PROPERTY DEVELOPMENT LLC POSTMASTER PO SOX 2950 YELM,4VA 98597 SKILLINGS-CDNNOLLY OWNER ATTN: 808 CDNNOLL'f 5016 LACEY BLVD. SE LACEY, +AlA 98503 BARB BANGE KEN BECKMAN CITY OF YELM ACCOUNTING YCOM NETWORKS DEPARTMENT PO BOX 593 PO BOX 479 YELM WA 98597 YELM WA 98597 GARY CARLSON CODY EVANS CITY OF YELM COMMUNITY c/o UPS DEVELOPMENT 7383 NEW MARKET STREET SE PO BOX 479 TUMWATER WA 98501 YELM WA 98597 CHIEF RITA HUTCHESON CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 PO BOX 777 PO BOX 777 YELM WA 98597 YELM WA 98597 SARAH SCHAMME TODD STANCIL LEMAY, INC. (or Dick Rehn) CITY OF YELM POLICE DEPARTMENT 13502 PACIFIC AVENUE TACOMA WA 984440459 AMY TOUSLEY PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 Thursday, .ilurch 16, 2006 Final Plat Recorded Distribution of Final Plat Recorded Documents: ,~ .~~ Name Full Size 11 x 17 O=Original C=Copy Shell X Police Chief X Barb Bange X Buildin Official X City En ineer X Fire District X Fire District X Public Works Proj mgr X X Copies of all O-Bill of Sale O-Warrant YCOM X PSE X Thurston Co. Com X Yelm Comm. Schools X Lemay X ' X Postmaster X Yelm Chamber X Applicant X X Copies of all documents Applicants En ineer X Project File X X All Originals BOS&War to PW Plat File X X Copies of all Copies to be made: 11x17 - 21 CCR's - 3 Bill of Sale - 3 Stormwater - 3 Warranty - 3 Subdivision Guarantee - 3 Thurman Coua~r lbeasunr RaalEetateFacdreTaxpdd ~ Q ~ .~,_„ B, ~1~1 ~1io I'Y1C~i~`ls/ _~u~- 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, Easements & Restrictions for Oakridge Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Comfort Homes, LLC 2. Kerzie, Jim 3. Grantee(s) (Last name, first name, middle initial) 1. Oakridge Subdivision Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Block 36 of McKenna Irrigated Tracts, Vol. 9, Pgs 43 & 44, 519, T17N, R2E Assessor's Property Tax ParceUAccount Number: 64303600701,64303600700,64303600800 ¢~ 3 ~ ~ ~ o O ~~~ o ~ r~ © ° t` ~ ~ M y rn L 0 a0 A M r M a o r ~~ m m ~~~ N M ~ a ~~. w ~~ J W ~ LL ~~ O ~~ Y ~~ r - N V IIIIII VIII IIIIIII III Page 714of 38 IIIIIIIIIIIIIIIIIIIIIII °3109/200610 3oA IIIIIIIIII CITY OF YELM COV $69.00 Thurston Co. Wa. After Recording Return to: City of Yelm P.O. Box 479 Yelm, WA 98597 oRiciNa~ DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS FOR OAK RIDGE Grantor: Comfort Homes, LLC, a Washington limited liability company a Washington Limited Liability Company Grantee: Oak Ridge Legal Description (abbreviated): Lots 1 through 44 of Oak Ridge, as recorded under Thurston County Auditor's Recording Number ~ $ ~ ~ '7 ~ (p . Assessor's Tax Pazcel Numbers: 64303600701, 6430360081, 64303600800 The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, agree, and declaze, that all of the properties and housing units constructed on the properties aze 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 benefit of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declazation shall run with the land as easements and equitable servitudes, shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on 3 M o 0 the properties and upon their respective heirs, successors and assigns. o ~ " r` N N ~ ~ .. U1 ARTICLE ONE: DEFINITIONS "' v © L ~~~r M a © F- For purposes of the Declazation, Articles of Incorporation and Bylaws of the Association, p m certain words and phrases have particular meanings, which are as follows: ~~ ~~ 1. "ACC" shall mean the Architectural Control Committee, as described in this ~ ~, Agreement. ~ w 2. "Articles" shall mean the Association's articles of incorporation and any amendments. 3. "Association" shall mean the Oak Ridge Yelm Homeowners Association, which shall ~~ be formed as a nonprofit corporation for the purpose of administering this Declazation. Page 1 of 37 ~ } DECLARATION OF PROTECTIVE ~ LL COVENANTS, CONDITIONS, ~ ° EASEMENTS & RESTRICTIONS ~ H CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ " 3813774 IIII IIII 63109./ 2606 f ©$OR I III VIII IIIIIIIII IIIIIIIII IIIIIIII IIIIIIIII II CITY OF YELM COV $69.00 Thurston Co. Wa. 4. "Board" or "Board of Directors" shall mean the Boazd of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. 6. "Common Areas" shall include but not be limited to Tracts A, B as delineated on Oak Ridge. Common azeas shall also mean the property both real and personal in which the Association has been granted an easement or right of control and management by any written instrument including this Declaration or by delineation of the same on the plat map recorded for Oak Ridge. 7. "Declazation" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer-Declarant" T'he Developer and Declazant shall mean Comfort Homes, LLC, a Washington Limited Liability Company. However Developer shall also include any entity, which purchases multiple lots from Comfort Homes, LLC for the purposes of constructing residences thereon. Until such time as Comfort Homes, LLC 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 Declazant 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 Declazation 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 M ° 3 insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), 0 0 ~ 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 ~ v o all of the lots have been closed and sold to other than builders. °M° a o m m 10. "Housing Unit" shall mean the building occupying a Lot. M ~_ ~ 1 L "Institutional First Mortgagee" or "Mortgagee" shall mean a bank or savings and loan association or established mortgage company, or other entity chartered under federal or state ~ W laws, any corporation or insurance company or state or federal agency which holds a first mote or ~~ deed of trust against a Lot or Housing Unit thereon. Page 2 of 37 DECLARATION OF PROTECTIVE ~~ w COVENANTS, CONDITIONS, ~~ > EASEMENTS & RESTRICTIONS . o CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~~ ~- U IIIIII VIIIIIIIIIIIIIIVIIII 3813774 IIII IIIIII III VIII IIII I 03 09/2006 f o $oR III CITY OF YELM COV $69.00 Thurston Co. Wa. 12. "Lot" shall refer to one of the Lots located in Oak Ridge consisting of Lots 1 through 44 of Oak Ridge. 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 ocher 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. 17. "Real Property" that is subject to this declaration is legally described as Lots 1 through 44 of Oak Ridge, together with all common areas as defined by this Declaration. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from an 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 ~ 3 Comfort Homes, LLC shall appoint the sole director of the Association. The Declarant may also ~ " ~ o r appoint members of the Association to other committees or positions in the Association as the ~ ~ u, ° o Declarant deems appropriate to serve at the Declarant's discretion and may assign such p. v o 0 M .. ~ N responsibilities, privileges, and duties to the Members as the Declarant determines for such time ° a o 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 ~ m 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. a ~ W 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 C a director to the Association as well as a Member to the Architectural Control Committee. Page 3 of 37 DECLARATION OF PROTECTIVE ~ > COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ } CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIII IIII X38/©9. 2©06 f ©3DR VIII (IIII IIIIII III VIII IIIIII VIII 1111111 IIII CITY OF YELM COV $69.00 Thurston C°. Wa. Section Two: Purpose of Development Period. The Declazant and 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 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 the Declarant and 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, the Declazant or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Boazd, the Declarant and the Developer shall not 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 Boazd of Directors, Declarant or the Developer. Section Five: Notice to Owners. Not less than ten or more than thirty days prior to the termination of the development, the Declazant or any Developers who then constitute the Boazd, shall 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 which Members shall then elect directors in accordance with the terms and provisions of the Articles of Incorporation ~ 3 and by-laws of this Declazation. ~ 0 ARTICLE THREE: MEMBERSHIP M ~ ~ N ~ N m t Every person or entity who is an Owner of any Lot agrees to be a Member of the M a o -- Association by acceptance of a 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. ~ N W Page 4 of 37 DECLARATION OF PROTECTIVE } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ } CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIIIII VIII IIIIIII IIII VIII VIII IIIIII III VIII IIII IIII 038/09 206 `© 30R CITY OF YELM COV $69.00 Thurston Co. Wa. 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 the Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mall or facsimile. ARTICLE FIVE: COMMON AREAS Section One: Management of Common Areas: That as provided in the plat map of Oak Ridge each lot owner has an undivided 1/44th interest in all of the tracts as identified on Article One, paragraph 6. However, the Declarant does hereby grant to the Oak Ridge Homeowners Association and each lot owner by accepting a deed of said lot hereby agree that said Homeowners Association shall have the sole right, management, and control of all of said tracts and the Common Areas as if it was the owner thereof. The Declarant reserves for the benefit of the Declarant, its successors and assigns, all those certain rights of use, ingress, egress, and 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. Tract B is a flood zone and shall remain undisturbed. These tracts and other properties and improvements as described herein are referred to as the "Common Areas" together with any other easements which are defined as being "Common Areas" under the terms of this Declarations. Section Two: Propert~ghts in Common Areas: The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas subject to any restrictions delineated on the plat of the properties. 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. 0 3 ~~ o 0 wT~ o ~ ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES ~ `° ° ° ~ N N .. N M y ~ t. ~ 01 ~ 7 Section One: Standard of Maintenance -Common Areas. The Association shall maintain ~ ro ~ t "' a ° the Common Areas in a manner consistent with good building and nursery practices, and in ~ a 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. These common areas include but are not limited to the following: a p W 1. Tract "A" is reserved for the purpose of Storm Water, maintenance will be the responsibility of the Oak Ridge Yelm Homeowners Association. All lots have undivided interest in the tracts for tax purposes. Page 5 of 37 C DECLARATION OF PROTECTIVE ~~ } COVENANTS, CONDITIONS, ~ LL EASEMENTS & RESTRICTIONS ~ ° CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ M V IIIIIIIIIIII Pa8ge:764of 38 IIIIII IIII IIIIIIIIIII IIIII III IIII 03109 / 2©© IIIII IIII 6 , © 30R CITY OF YELM COY $69.00 Thurston Co. Wa. 2. Tract "B" is reserved for Open Space and Flood Zone Protection, ownership and maintenance will be the responsibility of the Oak Ridge Yelm Homeowners Association. All lots have undivided interests in the tracts for tax purposes. 3. All perimeter and any other fencing, which may be constructed by the Declarant. 4. Any monument/entrance area, contained within the landscape easement on Lots 1 and 44, which may be constructed by the Declarant. These tracts and any other tracts which have been established for the benefit of all lot owners or the Association which may be delineated on Oak Ridge together with easements which have been reserved not only the benefit of all lot owners but also those easements and tracts 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 or on any common 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 the 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 its 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 Page 6 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ro c0 m 3 M O w V o ~ r r © o r N ~ N M W m L Imo, Mao ~ m m ~ N a ~. W >_ ~ J = LL O r ~~ V IIIIII III P89 3774of 38 IIIIIIIII IIIIIIIII IIIIIIIIIIII IIIIIIIIIIII °3,09/2 III ©D6 10.3 OR CITY OF YELM COV $69.00 Thurston Co. Wa. necessary. Such notice in emergency circumstances shall be sufficient if 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: Maintenance of Storm Water Drainage System. The Homeowner's Association shall maintain the storm water drainage system as set forth above in accordance with a storm water maintenance plan which shall include the "Maintenance Check List" which are recorded separately and which, by reference, are incorporated herein as though fully set forth. The Homeowner's Association shall maintain the storm water drainage system in accordance with said maintenance checklist. Section Five: Sanctions for Failure to Maintain. In the event the Oak Ridge Yelm Homeowners Association, in the judgment of City of Yelm or any other regulatory authority having jurisdiction, or any lot owner fails to discharge its responsibility with respect to that part of the storm water system within said lot owner's lot, fails to maintain the storm water drainage facilities within the plat which are the responsibility of the Homeowners Association, and/or fails to comply with the provisions of any private storm drainage maintenance and pollution control plan, or if the Declarant or successors of the Association willfully or accidentally reduce the capacity of the drainage system to render any part of the drainage unusable, the Declarant, its successors or the Homeowners Association agree to the following remedy: After thirty days notice by registered mail to the Declarant or successors, the city will assess financial sanctions and/or initiate enforcement proceedings. In the event City of Yelm determines the lack of maintenance has resulted in a situation of eminent danger to life, limb or property, City of Yelm will correct the problem as necessary to restore the full design capacity of the drainage system. m 3 In this event, the City will bill the owners of the facility for all costs associated with such work to ~ ^~ o 0 include en ineerin administration le al fees construction a ui ment and ersonnel. Costs or g g~ g q P P `~ r " ~°o fees incurred by City of Yelm, including attorney's fees and expert fees, should legal action be ~ 00 N y required to collect such payments, shall be borne by the Declarant or successors. The Declarant ~ ro ° i shall not be liable under the provisions of this paragraph if at the time any claim is being made M a o ~ , by City of Yelm, the Declarant no longer owns any lots within the plat of Oak Ridge. ~ m ~ N [q Section Six: Common Expenses. 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 ~ W 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 ~ Page 7 of 37 _ DECLARATION OF PROTECTIVE ~ } COVENANTS, CONDITIONS, ~ ,~ EASEMENTS & RESTRICTIONS C ° CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ N V IYIM III INI~I YA Inll III IIIUI II IIIIIIIIIIIII ©38!©9/2806 10 $OR $69.00 Thurston Co. Wa. 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 maintaining the common area tracts and improvements located thereon, including but not limited to, signs, street lights, perimeter and any interior fences constructed by Declarant, plantings and landscaping on common areas or on easements (if not maintained by applicable governmental jurisdictions), and any improvements, including playground equipment and other apparatus which have been constructed by the Declarant on any of the common areas. 4. The Homeowners Association shall be responsible for maintaining and replacing any street trees in right-of--ways or in common areas; however, any such street trees, which have been planted in lots, shall be maintained by the lot owner. Any landscaping trees installed in common areas or in easements maintained by the Homeowners Association shall be maintained by the Homeowners Association. 5. The cost of maintaining, repairing, and replacing any entry landscaping constructed by the Declarant. 6. The cost of maintaining, repairing, and replacing those portions of the storm water drainage system; and that the storm drainage system will be maintained in ~ ~ 3 accordance with the terms and provisions of any maintenance and pollution control plan which has been entered into and which is effective with respect to the u, ° roe which nvate storm draina a lan ma set forth certain schedules and ~ m ~ ° p PrtY, p~ g P Y Mvm requirements for maintenance and any such plan is incorporated herein by o ~ ° t reference. " a m m 7. 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. N ~ a Section Seven: Extraordinary Use Expenses. In the event that one or more lot owners ~ W should by their use of the common areas cause it to be subjected to other than reasonable wear and tear or by their actions damage those common areas or any improvements located thereon or p therein, then individual subjecting the common area to such use shall have the obligation to Page 8 of 37 DECLARATION OF PROTECTIVE } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ } CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc I IIII 3813774 II IIIIII III VIII III 03109.(2006 f 0 3DA IIIIIIIIIIIIIIIIIII Iillllillll CITY OF YELM COV $69.00 Thurston C°. Wa. repair such damage upon demand by 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 Eight: Owners' Easements of Enjoyment. Each owner shall have a right in a easement of enjoyment in and to the common areas which shall be appurtenant and 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 (including any Developer during the development period) or the Association after the development period to suspend an owner's right to vote and to use any recreational facilities for any period during which assessments against his or her lot remain unpaid for a period not to exceed sixty days, for any, and each separate infraction of its prohibited rules and regulations. C. The right of the Declarant (during the development period) or the Association (after the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purposes 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 has been recorded. Any owner may delegate their right of enjoyment to the common areas and facilities D ~ ~ 3 . to the members of their family, their tenants, or their guests, subject to the limitations set forth above. ~m o ~ M y rn L E. The right of the Association to limit access to those portions of the common areas in M a o ~ accordance with governmental rules and regulations or which, in the opinion of the Board, are ~ m dangerous. ^~ M F. The right of the Association to limit the number of guests of members. '~ a W G. The right of the Association in accordance with this Declaration and Articles and By- Laws to borrow money for the purpose of improving the common areas and facilities and in aid thereof to mortgage said properly, but the rights of such mortgage in said property shall be subordinate to the rights of the homeowners hereunder. Page 9 of 37 ~~ W DECLARATION OF PROTECTIVE p LL COVENANTS, CONDITIONS, ~ ° EASEMENTS & RESTRICTIONS ~ ~ CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~~ 3813774 IIII III IIII 03 ~9./2~06 0 0 30R IIIIIIIIIII IIIIIIIIII IIIIIIIIIII Illillllllll CITY OF YELM COV $69.00 Thurston Co. Wa. Section Nine: 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 the 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 Ten: 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 consent of the board. There shall be no construction, grading or filling within the shoreline protection azea. Also, there shall be no construction or improvements of any kind within the designated flood zone azea, besides landscape maintenance. 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 Declazant's sole discretion, deems for the benefit and enhancement of said areas in the Association in general. Section Eleven: Dumping in Common Areas, Common Maintenance Areas, or Shoreline Protection Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined 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 the rights for enforcement and initiation of penalties for violations of this policy. Section Twelve. Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or placed within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the ~ 0 3 boazd. This prohibition shall not apply to the landscaping and any improvements in the common ~ o 0 maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from ~ © a installing additional improvements or landscaping within the designated common areas or ~ N y r common maintenance areas, nor shall this section prohibit the installation of fences as may be .. ~ ro otherwise allowed in this Declaration, nor shall this section prohibit the installation of M a © ~- landscaping on private lot areas encumbered by utility easements not otherwise restricted in this ~ m 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 Thirteen: Management. Each owner expressly covenants that the Declarant ~ W (during the development period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manager or officer of the Association and may enter ~~ into such management contracts or other service contracts to provide for the maintenance of the ~ Page 10 of 37 _ DECLARATION OF PROTECTIVE ~~ } COVENANTS, CONDITIONS, ~ LL EASEMENTS & RESTRICTIONS ~ ° CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc V I IIIIII III F8ge •' 14 of 38 IIIIIIIIII III VIII II IIIIIIIIII II IIIIII I ©3!©9 IIIIII !2©061 0.3©q CITY OF YELM COV $69.00 Thurston Co. Wa. 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 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 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, agree 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 a continuing lien upon the Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. (c) Each assessment, together with interest, costs, and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot ~ ~ 3 assessed at the time the assessment fell due. The personal obligation shall not pass to the ,~ © o Owner's successors-in-interest unless expressly assumed by them. The new Owner shall be ~, N o personally liable for assessments that become due on and after the date of sale or transfer. ~ ~ N (d) Unless otherwise provided for in this Declaration, no lot owned by ~ ~ ° r a Declarant shall be subject to any annual or other assessments. "' a m m 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 p 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 ~ W payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. C Page 11 of 37 ~ E DECLARATION OF PROTECTIVE ~ } COVENANTS, CONDITIONS, ~ ,~ EASEMENTS & RESTRICTIONS ~ ° CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIIIIIIIIIIIIIIIII P8ge:'12 of 38 IIII VIII VIII II 03! IIII III 111111 III I ©9! 2©©6 1© 3©A III CITY OF YELM COV $69.00 Thurston Co. Wa. Section Three: Board to Fix Annual or Re~;ular Assessment. The Board of Directors shall fix the regular or annual assessment in accordance with the terms and provisions of the by- laws at least thirty (30) days prior to the commencement of the annual or regular assessment period. Written notice of the proposed budget setting forth the annual or regular assessment shall be sent to every Owner in accordance with the terms and provisions of the by-laws. 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 assessment established 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. Section Four: ~ecial Assessments for Capital Improvements. In addition to the annually or regular assessments authorized above, the Association may levy in any assessment year, a special assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capital improvements upon the Common Area, including the necessary fixtures and personal properly 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 annual or regular and special assessments shall be fixed at a uniform rate for all lots. ~ ro 3 Section Six: Reimbursement Assessment. A reimbursement assessment of $450.00 shall o be paid by each lot owner at the time of closing of each lot to the Declarant to reimburse the ~ ~ N Declarant for expenses paid relative to common expenses paid for plat improvements. M v m " ~, o Mao ~ Section Seven: Street Repair, Maintenance and Cleaning. All Developers or owners shall ~~ m use due diligence to avoid placing unnecessary dirt, debris, and any other material washing onto ~ M or coming on the road as a result of any construction activities and each Developer or owner shall ~ ~" at all times remain responsible for keeping the road clean of any such debris, dirt and material. In addition, all Developers or owners shall use due diligence to avoid causing any damage to the ~ W road or sidewalks and all roads and sidewalks and other improvements constructed by the Declarant as a condition for obtaining plat approval shall remain in the same condition asthey were as of the date of final plat approval. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by v Declarant because of the failure of the Developer or owner to abide by the terms and provisions W Page 12 of 37 p } DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, ~ ~ EASEMENTS & RESTRICTIONS ~ ~ CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 IIII 03 // 09I20~6 c 0 .30A III IIII a. III . W IIII Co IIII on IIII st III hur IIII T III .00 111111 69 IIII $ IIIII oY IIII C ,-TTV OF YELM of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) yeas after recording of this Declaration. Section Eight: Maintenance of Sewer/Storm Drain S sy tem. All Developers or owners shall use due diligence to avoid materials from washing into or being put into the sewer/storm water drain system as a result of construction activities conducted by the Developer or owner which would include any sediment, cement slurry, or any other material washing off of or coming off of any lot upon which a Developer or owner are constructing a residence and flowing into the sewer/storm water drain system. In the event any Developer or owner are in violation of the terms and provisions of this paragraph, this Developer or owner shall agree to pay a maintenance charge to the Declarant in an amount to be determined by the Declarant but not to exceed $500.00 for each such violation by a Developer or owner. In addition, each Developer or owner agrees to indemnify the Declarant from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the sewer/storm water system as a result of any violation of this paragraph by such Developer or owner and that this liability on the part of the Developer or owner shall be joint and several. Any Developer or owner who violates the provisions of this paragraph shall reimburse the Declarant upon request for any expenses incurred by Declarant because of the failure of the Developer or owner to abide by the terms and provisions of this Declaration. In the event any Developer or owner does not pay the same upon request, then the Declarant shall have a lien against the property of said Developer or owner to secure payment of said reimbursement. In the event it cannot be determined which Developer or owner was responsible for the violation of the above referenced provisions, in that event the Homeowners Association shall reimburse the Declarant for any expenses incurred by the Declarant. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period often (10) years after recording of this Declaration. Section Nine: Street Trees. The Homeowners Association shall be responsible to maintain any street trees subject to Chapter 14.16, (Yelm Municipal Code) and in the event any tree is removed for any reason, the Homeowners Association shall immediately replace said trees and, if necessary, shall reimburse the Declarant for the cost of replacing said tree. Regardless of any other provision in this Declaration, this paragraph cannot be amended for a period of ten years after recording of this Declaration. Page 13 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ M 3 w ~ o o T V P ~ o O ~ N y ,may W ~ L ~+ M a o ~ m N ~~ [h W E ~~ w ~~ } ~ LL o r = N (~ I VIII VIII IIIIII III IIIIII III IIII 038!09 20 6010:3 R IIIIII VIII 1111111 III CITY OF YELM COV $69.00 Thurston Co. Wa. Section Ten: Annual Assessment. The annual assessment shall be $300.00 per lot commencing on January 1St of each year. Each lot owner purchasing from a Developer shall pay $300.00 for any sale closed from January to and including September 30th of each year and any sale that closes after September 30th through December 31St shall pay $150.00. Said annual assessment shall be due on or before January 30th of each year in which the assessment is made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowners Association who shall then pay for the expenses of the Association as required under the terms of this Declazation. In the event the expenses of the Association are in excess of the assessments collected, then the Developers who subsequently purchase 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 Declazant shall not be responsible or liable for the payment of any assessment against any lot owned by the Declarant. Section Eleven: 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 chazge 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. Section Twelve: 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 Declazation. ARTICLE EIGHT: COLLECTION OF ASSESSMENT ~ 0 3 M m Section One: Lien -Personal Obli ag tion. All assessments, together with interest and the o cost of collection shall be a continuing lien upon the Lot against which each such assessment is ~ ~ © o made. The lien shall have all the incidents of a mortgage on real property. Each such ~ v m i assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal o ~ ° i obligation of the person who was the Owner of the Lot at the time the assessment was due. No Mao ~ m Owner may waive or otherwise avoid liability for assessments by non-use of the Common Areas ~' ~ N or abandonment of the Lot. p Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its ~~ a due date, the assessment shall beaz interest from said date at twelve percent (12%), or, in the ~ W event that twelve percent (12%) exceeds the maximum amount of interest that can be chazged by law, then the highest permissible rate as provided for the law A late chazge of five percent (5%) p of the amount overdue shall be charged for any payment more than ten (10) days past due. Each Page 14 of 37 DECLARATION OF PROTECTIVE ~ > COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~' T CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 III IIII 03 09.1206 c ~ : 30R 111111 IIIIIIIII 1111111 111111 111111 1111111 1111111 a. CITY OF YELM COV $69.00 Thurston Co. W 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 an actions brought in the name of the Association in a like manner as a mortgage of real properly, and such Member hereby expressly grants to the Association the power of sale in connection with such liens. 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 Votin~glhts. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Articles, 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 an 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 Declarant or Developer. This right shall automatically terminate at such time as the Declarant and any Developer no longer owns any lots within Oak Ridge. During this period the Declarant reserves the right to appoint a majority of the members of the ACC and each Developer has 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 the 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. Page 15 of 37 DECLARATION OF PROTECTIVE COVENANTS, CONDITIONS, EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 00 p 3 M cn w ~ O O U u, ~ © ~ ~~ a o r N +, M y m i ~, ~, © , M a a ~ m m ~ N W ~ J w LL ~ O V IIIIII VIII III Page 716 of 38 IIIIIIIIIIIII IIIIIIIIIIIIII ©3!09/2© IIIIIIIIIIII ©61©3©A I CITY OF YELM COV $69.00 Thurston Co. Wa. 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 Five 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 the 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: Annroval 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 fences, hedges 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 ° ° 3 of the required information to the ACC, or its authorized representative, the Owner may proceed o ° ~ with the proposed work notwithstanding the lack of written approval by the ACC or its ~ ~ o 0 authorized representative. The required information shall be considered submitted to the ACC ~ v m N upon personal delivery of a complete set of all required information to the person designated to ~, a o receive such items by the ACC or by mail three days after deposit in the U.S. Mail, postage ~~ m prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the ~~ N Association at the address designated in the most recent notice of assessment by the Board, or at such other address as is designated by the Board by written notice to the Members. v N W Page 16 of 37 ~ W DECLARATION OF PROTECTIVE ~ } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ F CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~I~NIM~NIII~VINIVIIIIVIIIIII~VINIMI Poi''". o~,o 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 and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. 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 review. 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 these 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 ~ ° 3 the Association, its members, to any Owner or to any other person for any damage, loss or o prejudice resulting from any action or failure to act on a matter submitted to the ACC for ~ ~ o determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC ~ v o shall not be liable for any damage, loss or prejudice resulting from any action by a person who is ~, a o delegated a duty, power or function by the ACC. p m - N M 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. ~ a ~ w Page 17 of 37 DECLARATION OF PROTECTIVE ~ ~ w COVENANTS, CONDITIONS, C } EASEMENTS & RESTRICTIONS ~ o CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc N V IIIIIIIIIIII P8ge:718 of 38 IIIIIIIIIIIII IIIIIIIiII Illilll 0 IIIIIIIIII 3J©g,2©© II 61D3 OR CITY OF YELM COV $69.00 Thurston Co. Wa. Section Fourteen: Temporary Structures 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 a thing or 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: Building 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 doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two car or a three car garage are permitted and they shall be incorporated in or made part of the dwelling house and no detached garages shall be permitted except with 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, provided, however, that within such single family residences the Owner(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be ~ © 3 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 and Owner(s) are licensed by all r '. 0 0 ~ ~' N applicable governmental authorities to operate such a day care business AND 3) the day care ~ ~, business will be operated only between the hours of 7 a.m. and 6 p.m. and only on Monday Mao through Friday AND, 4) no more than (4) children, in addition to those of the Owner's ~ m immediate family, are enrolled in either a part or 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 W 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 a day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association prior to commencing such Page 18 of 37 DECLARATION OF PROTECTIVE ~~ w COVENANTS, CONDITIONS, ~ } o EASEMENTS & RESTRICTIONS ~ CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc U IIIIIIVIIIIIIIIIII Page:'19 of 38 IIIIIIIIIIIIIIIIIII 03JO9,2 III IIIIII IIIIIII o©6 1© 3©A CITY OF YELM COV $69.00 Thurston Co. Wa. business operations, and at all times during such business operations, with verification of liability 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 prior written notice delivered to Owner and should the Owner(s) operating 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 venture and/or an interest in such business operation to the extent permission to operate such a 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 rights-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 (10) 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 M ~ 3 attorneys' fees and costs for any action taken to collect such fines in accordance with the o provisions of this Declaration. ,n m o r a o 0 r N +~ Section Nineteen: Completion of Construction. The work and construction of all M y m i ~ ,~ ° L buildings and structures shall be pursued diligently and continuously from the commencement of M a o ~ All structures shall be completed as ainted com leted and construction until structures are full ~ m . y p p to external appearance, including finish painting, within eight months of the date of commencement of construction unless an extension has been granted by the ACC. The building areas shall be kept in a reasonably clean and workmanlike manner during construction. All lots a shall be kept in a neat and orderly condition, free and brush, weeds, vines and debris. The grass ~ ~ W thereon shall be cut and mowed at sufficient intervals to prevent creation of a nuisance or fire hazard. Page 19 of 37 DECLARATION OF PROTECTIVE } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ } CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIIIIIIIIIIIIIIIII P89e:720 of 38 IIIIIIIIIIIII o I VIII) III III 3/0912006 1 IIII II IIII 0.308 CITY OF YELM COV $69.00 Thurston Co. Wa. Section Twenty: Landscape Completion and Standards. The entire front yard, including up to the edge of the hard surface of the street front of any lot, shall be landscaped in accordance with the provisions of this section and said landscaping shall be installed and completed prior to the date of occupancy. If inclement weather conditions prevent the timely installation of said landscaping improvements, the lot owner must make application to the ACC for an extension of time until weather conditions sufficient improve. For corner lots, the "front yard" shall mean the frontage on both streets, such that both street frontages and yards must be landscaped. "Front yard" shall be defined as the lot area extending from the front property line back to a line measured parallel with the front property line which would coincide with the front wall of the main dwelling on the lot, exclusive of any garage projections. At least 75 percent of every front yard less driveway and walk shall be maintained as lawn area unless otherwise approved by the ACC. The entire landscaping including the remaining portions of the side and rear yard shall be installed within one hundred and twenty (120) days of the receipt of the certificate of occupancy. If inclement weather conditions prevent the timely installation of said landscaping improvements for either side or back yards, the lot Owner must make application to the Committee for the extension of time until weather conditions sufficient improve. Section Twenty One: Unsi tightly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view for 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 have been obtained from the ACC. M ~ 3 Section Twenty Two: Antennas, Satellite Reception. Satellite dishes of no more than o O ~ U ~, ~ o one meter in diameter or diagonal measurement are permitted on the Properties with ACC ~ N N N approval of the location of the satellite dish in the manner described in this Declaration. Except ~ ro ° r as provided above, no radio or television antenna or transmitting tower or satellite dish shall be " a ° installed on the exterior of any home without approval of the ACC obtained pursuant to Section ~ m 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. C Section Twenty Three: Setbacks. No building shall be located on any Lot nearer to the ~ a ~ W front lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Properties. p Page 20 of 37 ~ J DECLARATION OF PROTECTIVE } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS } doc e 2-17-06 revisions of 12-27-OS CCR's Oakrid . g IIIIII VIII IIIIII) IIII VIII VIII VIII) III IIIIIII II IIII ~38l~9 20 6010:3 R CITY OF YELM COV $69.00 Thurston Co. Wa. Section Twenty Four: Roofs. Roofs on all buildings must be finished with a thirty (30) year architectural grade composite material of a PABCO or equivalent type, the color of which shall be weather wood. Any other material or color must be approved by the ACC. Section Twenty Five: Fences, Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (i) twenty feet of the front property line; or (ii) the distance between the front lot line and the front wall (facade) of the primary residence, subject to (i) the 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 fiber glass fences shall be erected on any lot, except that chain link fencing for a sports facility enclosure may be considered for approval by the ACC upon request. All fences of any size constructed on the premises and where ever located must be constructed, painted (or stained if applicable) in accordance with the association guidelines for design and color. Any fence constructed which fails to conform with the guidelines shall be removed by the owner or modified to conform with the guidelines. The Board or the ACC may change these guidelines from time to time, and upon adoption of the change in the fence guidelines, this Article shall be deemed to have been amended to conform with the new guidelines as adopted. In the event that an alternative type of fence (such as a different design or chain link material) is required to comply with the requirements of any governmental jurisdiction, such alternative type of fence shall be exempt from these restrictions, and may be constructed as required by the governmental jurisdiction. Section Twenty Six: 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. ~ ~ 3 Section Twenty Seven: Vehicle Parking and Storage. No vehicle boats or trailers shall o , , be parked on any common areas. No vehicle may be parked on any block or sidewalks. Vehicles ~ N a o may only be parked on designated and approved driveways or parking areas which shall be hard- ~ v surfaced. Except as expressly provided herein, Lots shall not be used for the storage and/or Mae overnight parking of any vehicle other than private family automobiles, pickup trucks, m motorcycles, and commercial vehicles operated by the person residing on that Lot (provided that ~ ~ a such commercial vehicles contain only single axles). Boats, boat trailers, house trailers, campers, ~ ~ trucks with a camper, recreational vehicles, or similar vehicles may not be stored and/or parked overnight on any part of the Lot except as specified herein. No inoperable vehicles of any kind ~.~, a shall be parked, stored, maintained, or constricted on any Lot or street unless stored in a garage. ~ W Lot Owners may park/store a commercial vehicle (that exceeds the size restriction described ~' above, boat, boat trailer, house trailer, camper, truck with camper, or recreational vehicle or similar vehicle on the Lot provided that it is screened from view from the street and from another ~_ Page 21 of 37 ~~ DECLARATION OF PROTECTIVE ~~ r COVENANTS, CONDITIONS, ~ o ~ EASEMENTS & RESTRICTIONS ,. CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 cf 38 III III D3 ©912006 10.3~R IIII III IIII IIII III IIII IIII III IIII II Wa o . C ton r s Thu 0 .0 69 II III III V IIIII CO I Lot and further provided that the screening constructed by the Lot Owner is approved for construction in conformity with specifications approved by the ACC. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have the same towed, at the Owner's expense, any such vehicles improperly parked which are visible from the right-of- way or adjacent residence that have been parked thereon for more than 24 hours. Notwithstanding the foregoing, Lot Owners who have visiting guests who have a camper, trailer, or other form of vehicle which is prohibited from being parked or stored on a lot unless screened from view, may secure permission from the ACC for guests to park a vehicle upon the lot for a period not to exceed two weeks in any calendar year. This privilege shall only exist, however, after written permission has been obtained from the ACC or its authorized representative. Any Lot Owner that stores a recreational vehicle either on site or off site may park the vehicle on the driveway for purposes of preparing the same either for departure or for return. In any event, this period shall not exceed 24 hours. Section Twenty Ei t: 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 twenty four inches in height and thirty six inches in width 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 the Declarant. Political yard signs, not more than three square 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 Declaration by the Declarant during the development period. The Declarant may establish, for the duration of the development, signage M ~ 3 guidelines and standards for lot identification, realtor identification signs, "for sale" signs and o e other signage that may be placed by parties other than the Declarant on any part of the lots within ~, M o Oak Ridge, the common areas, or the public rights-of--way. The Declarant may also develop an ~ N " N overall theme for signage within the project, including specific requirements for physical sign ~ ~ ° r installations and size requirements, which theme will then become a part of the established Mao ~ m guidelines and standards for signage in Oak Ridge during the development period. ~ m ~ N M ~ E9 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 ~ a part of the real property encompassed within Oak Ridge including the adjacent rights-of--way. ~ W Each owner of a lot in Oak Ridge 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 Page 22 of 37 ~ J DECLARATION OF PROTECTIVE r COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ } CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc (VIII VIII IIIIIII IIII VIII VIII IIIIII III IIIIIII II IIII 038109 20 6 0 ~ : 3 R CITY OF YELM COV $69.00 Thurston Co. Wa. installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Oak Ridge the common areas, or on any lot, or on adjacent rights-of--way may be promptly removed and disposed of by Declarant. This 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 their 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 persons having any ownership interest in the sign. This section shall not apply to signage placed by Declarant. A owner of a lot, who shall fail to remove a sign prohibited herein within twenty four hours after receiving notice of either the ACC or the Association to remove said sign, then said owner shall pay to the Association the sum of $500.00 for each day or portion thereof that the sign is in existence until removed. 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 of the contrary, signs placed by the ~ 0 3 Declarant shall not be subject to any sign restrictions and specifically shall not be subject to the '" limitations set forth in this Declaration on 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 ~ N N pursuant to this Declaration. N ~ m o ; M a o ~ Under no circumstances shall the Declarant be liable for, or be required to pay, for - m 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. ~ o: W ~_ Section Twenty Nine: 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 Page 23 of 37 E ~ W DECLARATION OF PROTECTIVE ~ } LL COVENANTS, CONDITIONS, ~ ° EASEMENTS & RESTRICTIONS ~ ~ CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 IIII II IIII D3 J 09./ 2096 010 3 R II III III IIIIIIIIII IIIIIIIIIII Ililllllllll IIII CITY OF YELM COV $69.00 Thurston Co. Wa. purpose of removing vehicles or other similar objects which are parked or stored in violation of the terms of this Declaration. Section Thirty: 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 One: 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 Two: Use During Construction. Except with the approval of the Board, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty Three: 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 Four: 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 ~ 0 3 clotheslines, garbage cans, equipment, coolers, wood piles, or storage piles shall be walled in or ~ o 0 otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, ° ~ " ~~ o roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to ; N N N construction. ~ ~, ~~~ t r~ a ©F- Section Thirty Five: Auto Repair. No major auto repair shall be permitted except within ~ m 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. A a r w s Section Thirty Six: Exterior Finish. The exterior finishes on all sides of the houses shall ~~ be approved by the ACC. There shall be no use of T-111 siding unless approved by the ACC. ~_ Page 24 of 37 ° ~ DECLARATION OF PROTECTIVE ~~' } COVENANTS, CONDITIONS, ~ LL EASEMENTS & RESTRICTIONS ~ ° CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc U I IIIIII III P89 3725 °f 38 IIIIIIIII IIIIIIIII (IIIIIIIII IIIIIIIII ©310 II II (III 9 / 2006 10.30A CITY OF YELM COV $69.00 Thurston C°. Wa. 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 Seven: Driveways. 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 or of such other material as shall be approved by the ACC and shall be completed prior to final building inspection. Section Thirty Eight: 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. Section Thirty Nine: Firearms. The use of firearms is expressly prohibited. Section Forty: 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 or common areas, nor shall dirt bikes or ATV's be permitted to operate on any owner's lot. Section Forty One: 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 damages 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 Two: 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 ACC will determine if a used material is a "decor" item. In making this ° ° 3 determination the ACC will consider whether the material harmonizes with the aesthetic o character of the other residences within the subdivision and whether the material would add to ~ N o 0 the attractive development of the subdivision. ~ ;; o ~, M a o ~ The exterior of all construction of any lot shall be designed, built, and maintained in such a ~ m manner as to blend in with the natural surroundings and landscaping within the subdivision. ~ ~ N Exterior colors must be approved by the ACC. 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. Generally, ~ W colors shall be muted earth tones, grays, beiges, and similar shades. Page 25 of 37 ~ DECLARATION OF PROTECTIVE ~~, } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS r CCR's Oakridge 2-17-06 revisions of 12-27-OS doc . IIIIIIIIIIIIIII P89e:'26 of 38 IIII IIII IIII I (IIII IIIIII ill l 03/©9/200 Iillll II IIII 6 10.30A CITY OF YELM COV $69.00 Thurston Co. Wa. Section Forty Three: Minimum Size of Residences. Private single-family residences shall consist of not less than one (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed caz shelter for not less than two (2) cars, provided that a portion of the interior of said garage may be improved and/or finished for residential use by the Owner thereof provided that the exterior of the garage shall not be removed or otherwise modified so as to eliminate the gazage door that previously provided access thereto. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residences consisting of a one story residence or a residence consisting of a basement and one story) shall contain at least 1,300 squaze feet. Two story residences shall contain at least 1,500 square feet. In computing the total squaze footage of a residence gazages and/or enclosed decks shall not be included. Section Forty Four: Codes. All construction, including all landscaping requirements, shall conform to the requirements of all the applicable governmental codes (state, county, or city), including all uniform codes (building, mechanical and plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty Five: Entry for Inspection. Any agent or member of the Declazant or any member of the architectural control committee may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if there has been complied with the provisions of this Declazation. 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 Six: Authority to Adopt Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing M ~ 3 the use of the Properties, provided such rules and restrictions aze consistent with the purposes of o the Declazation, and to establish penalties for violation of those rules and restrictions. If rules ~ ~ o r a o 0 and restrictions aze adopted, they, along with the established penalties, shall be available to all M ~ m L Members upon request. o ~ ° r M a o r Section Forty Seven: Enforcement. The Association, or the Declarant during the ~ N 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 C authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any ~~ a Member may also enforce the terms of this Article (although a Member may not impose a fine as ~ W authorized by RCW Chapter 64.38) but the Member must first obtain an order from a 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 Page 26 of 37 DECLARATION OF PROTECTIVE ~ r COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ } CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIIIIII VIII IIIIIII IIII VIII VIII IIIIII III IIIIIII II IIII C38109 2D 6010:308 CITY OF YELM COV $69.00 Thurston Co. Wa. 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 seven 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; (d) e0 p 3 M , cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; and (e) all acts necessary to enforce these Covenants. ~ N N ~ " N M y m ~ Section Four: Easement for Declarant. Declarant shall have an easement across all °r°, a Common Areas for ingress, egress, storage and placement of equipment and materials, and other ~ m actions necessary or related to the development or maintenance of the Real Property. M ~ ~~ Section Five: Easement Reserved by Declarant. Declarant does hereby reserve an easement across all common areas, private sewers, and the private roads for ingress, egress, p W storage and placement of equipment and materials and all other actions necessary related to the development or maintenance of the real property and in addition, the Declarant reserves an easement for purposes of ingress, egress, and utilities against all of the private roads within the plat of Oak Ridge for the sole benefit of the Declarant and the Declarant's successors and assigns Page 27 of 37 ~ W DECLARATION OF PROTECTIVE ~ ' COVENANTS, CONDITIONS, C ~ EASEMENTS & RESTRICTIONS ~ ~ CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 IIIIIII IIIII I IIIIIII IIII III I II II IIIII III 0 . II IIIIIIII IIII 10: 1200 p3 ©9 308 CITY OF YELM COV $69.00 Thurston Co. Wa. and that this grant of easement shall be personal to said Declarant, it's successors and assigns and may be used for the benefit of any real property which may be acquired by the Declarant or the Declarant's successors or assigns. The real property which may have the benefit of the easement reserved to the Declarant as set forth herein may either be adjacent to the property described in the plat of Oak Ridge, or may be in the vicinity so as to allow access and ingress, egress, and utilities with respect to that property over and across the private roads as described in the plat of Oak Ridge. Section Six: Easement Reserved for the City of Yelm. Declarant further reserves an easement and right for City of Yelm for Yelm Creek enhancement. ARTICLE ELEVEN: MORTGAGEE PROTECTION Section One: Mortgagees. Notwithstanding and prevailing over any other provisions of the Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions shall apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgage 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 for those matters which are enforceable by injunctive or other equitable relief, not requiring-the payment of money, except as ~ g hereinafter provided. ~' "' ~o a O U Section Three: Mortgagee's Rights During Foreclosure. During the pendency of any ~ ~ o L ~ N N proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or ~ ~ M all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to "' a ° '- the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such ~ m rights and privileges. ~ M 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 a ~ W 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 ~ Page 28 of 37 _ ~ W DECLARATION OF PROTECTIVE - } COVENANTS, CONDITIONS, ~ ° EASEMENTS & RESTRICTIONS ~ N CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc -- " ~ ~~~ni ~~u~ num ~ i gun iui m m m u i i :~$~3~~4 II Page: 29 of 38 IIII III C3I~912~06 10:308 IIII ICI IIIIIIIIII III 111111 IIIII 111111 CITY OF YELM COV $69.00 Thurston Co. Wa. 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 Assessment. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense of 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 placed 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: Mortgagee's Rights. Any Mortgagee shall have the right on request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the association within (90) days following the end of any fiscal year; and ©) receive written notice of all meetings of the Association and designate a representative to attend all such meeting. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagees, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the properly. 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 M M 3 any part of the Common Areas or facilities; (b) any condemnation or eminent domain o proceedings involving any Housing Units or any portion of Common Areas or facilities; (c) any ~ M o 0 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 cured within thirty ~ b ° t 30 da s, d an six 60 da delin uenc in the a ent of assessments or char es owed b () Y'() Y ~'( ) Y q Y PYm g Y " a ° the Owner of any Housing Unit on which it holds the mortgage; (e) ten (10) days' prior written ~~m ~ m notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond ~~ maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. a ~~ ~~ W ARTICLE TWELVE: MANAGEMENT CONTRACTS ~~ Page 29 of 37 ~ J DECLARATION OF PROTECTIVE } COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~' CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc } 3813774 0 . IIII IIIII IIII IIIII II I IIIII I ~ /2©06 03!!09 I IIII IIII 111111 IIII IIII IIIII 3DR . CITY OF YELM COV $69.0N Thurston Co a. W Each Member hereby agrees that the Association and the ACC may enter into agreements for the performance of any or all of the functions of the Association and the ACC with such persons or entities as the Association deems appropriate; however, any agreement for professional management of the Properties, or any other contract providing for services by the Declazant must provide for termination by either party without cause after reasonable notice. ARTICLE THIRTEEN: INSURANCE Section One: Coverage. The Association may purchase 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 standazd 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 (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Two: Replacement, Repair After Loss. In the event of the damage or destruction of the Common Areas covered by insurance written in the name of the Association, the M ~ 3 Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds ~ o 0 contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as 1° good a condition as they were when the loss occurred; provided, however, that the Association's ~ "' N N election not to rebuild the Common Areas shall require the approval oftwo-thirds (2/3) of the ~ ~ ° L Association. The Association may in its sole discretion contract with any contractor for Mao reconstruction or rebuilding of such destroyed portions of the Common Areas. ~ m ~~ N M ~ ~ ~_ ~ a ~ w ARTICLE FOURTEEN: RULES AND REGULATIONS ~_ Page 30 of 37 ~• DECLARATION OF PROTECTIVE ~ ~ COVENANTS, CONDITIONS, ~~ w EASEMENTS & RESTRICTIONS p } LL CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc ~ ° r .~ U i~~~~nn~u~~a~u~~~ua o°a~:aN. o~, 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 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 right for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules or regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration or of the Articles, Bylaws, rules or regulations of 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. e0 0 3 M t~7 ARTICLE SIXTEEN: CONDEMNATION o In the event of a partial condemnation of the Common Areas, the proceeds shall be used r M N ~ M .. ~, to restore the remaining Common Area, and any balance remaining shall be distributed to the o ~ ° r Association. M d o F m m In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall be distributed to the ~ Association. _ ~' W No proceeds received by the Association as the result of any condemnation shall be C p distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of ~_ Page 31 of 37 DECLARATION OF PROTECTIVE ~ r COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS ~ ,. CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 IIIIIIIIIIIIII 03J09.l2~© 00:308 IIIIIIIIIIII IIII (IIII I Iilllllllllllll III CITY OF YELM COV $69.00 Thurston Co. Wa. any Lot. ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. 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 covenants 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. 2. Enforcement by Court Action. The Association, the Declaration, the ACC, the Homeowner's Association, or any lot owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the 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, reservation, or restriction, or found to be delinquent in the payment of said lien or charge. 3. Enforcement by Self Help. The Declarant, the ACC, the Association, or the 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. 4. Condition Precedent to Action. Prior to taking action either by court or by ~ ~ 3 self-help, written notice shall be given to the offending lot owner. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also ~ ~ N provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be ~ v o less than 30 days. M a m m 5. Expenses of Action. The expenses of any corrective action or enforcement of this declaration, if not paid by the offending owner within thirty (30) days after written notice p "' and billing, may be filed as a line upon such lot, enforceable as other liens herein. W 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 (15) days after the Page 32 of 37 ~ W DECLARATION OF PROTECTIVE p '~ LL COVENANTS, CONDITIONS, ~ ° EASEMENTS & RESTRICTIONS ~ ~ N CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 3813774 IIII IIII m3l09.J2©06 c U:3D I (IIII IIIIIII IIIIIII IIIIII IIIIIIII IIIIIIII IIII CITY OF YELM COV $69.00 Thurston Co. Wa. 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 one 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 fees. For the purposes 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 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 any rights, power, or remedy provided in this Declaration shall be construed as a waiver or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the 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 provision, which shall remain in full force and effect. 00 0 3 M m 10. Interpretation. In interpreting this Declaration, the term "person" may o include natural persons, partnerships, corporations, Associations, and personal representatives. ~ ~ o 0 The singular may also include the plural and the masculine may include the feminine, or vise ~ v versa, where the context so admits or requires. This Declaration shall be liberally construed in ~ a o F favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and ~ m enhancing the value, marketability, and desirability of the Properties by providing a common ~ N plan for the development of Cobblestone. ~~ 11. Term. This Declaration shall be effective for an initial term of 30 years, ~ W and thereafter by automatic extension for successive periods of 10 years each, unless terminated, _ at the expiration of the initial term or any succeeding 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 ,~ Page 33 of 37 DECLARATION OF PROTECTIVE ~ > COVENANTS, CONDITIONS, ~ o EASEMENTS & RESTRICTIONS > CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc II VIII IIIIII III VIII IIII IIII ~ $ m9 20 6010:3 R IIIIII VIII 1111111 IIII III CITY OF YELM COV $69.00 Thurston Co. Wa. recorded with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provision 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 of 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 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 Declarant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 100% of the lots have been sold to others than 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. ° ~ 3 Section Three: Prior Approval by FHA/HUD. Regardless of whether or not 100% of the o ,~ ,~ o in the event any loan with respect to any lot lots have been sold to others than Declarant builders ~ ~' N , or building constructed thereon is insured through either the Federal Housing Administration or ~ ~ ° i the Department of Veterans Affairs or any programs sponsored by either such agency, then the " a insuring agency must give written approval before any of the following actions can be approved ~ m by either the Declarant or the lot owners: a) Annexation of additional properties ~ a b) Dedication of any properties ~~ W c) Amendment to this declaration Section Four: Votin .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 s Page 34 of 37 ~ J ~~ r DECLARATION OF PROTECTIVE ~ o COVENANTS, CONDITION5, ,. EASEMENTS & RESTRICTIONS CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc II 3813774 I III VIII IIII II ©3 09/2 6 o m: 3 R I VIII VIII VIII Iillllllllllll 1111111 CITY OF YELM COV $69.00 Thurston Co. Wa. 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 properly from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer his or her ro Lot; e0 © M m 3 ~.- o O r O V 10. Any decision by the Association to establish self-management when professional ~ M o 0 management had been required previously by an Institutional First Mortgagee. M v o 11. Restoration or repair (after hazard damage or partial condemnation) in a manner Mao © ~ other than that specified in this Declaration. 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or ~_ "~ 13. Any provisions which are for the express benefit of Institutional First Mortgagees. ~ W 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. ~_ Page 35 of 37 ~ W DECLARATION OF PROTECTIVE ~ r COVENANTS, CONDITIONS, _ ~ o EASEMENTS & RESTRICTIONS } r CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIIIII VIII P8g 3736 of 38 IIIIIIIII (IIIIIIIIII 03/ IIIIIIIIII 09!20061 IIIIIIIIII 0.308 III CITY OF YELM COV $69.00 Thurston Co. Wa. Section Six. Protection of Declarant. 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 ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in Article Three. 4. Alter its rights as set forth in Article Five 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 M ° 3 investigation outside of its own records into the name or location of any lender or lien holder. o ~ M o O IN WITNESS WHEREOF, the undersigned have caused this Declaration to be M v m L executed this ~I3~day of February, 2006. 00 N cn t ~- Comfort Homes LLC, M a © ~ m a Washington Limited Liability Company ~~ N By. -~-- ------ Jim Kerzie __ W Comfort Homes, LLC C _ Managing Member Page 36 of 37 .~ W DECLARATION OF PROTECTIVE ~~, } COVENANTS, CONDITIONS, v o EASEMENTS & RESTRICTIONS F CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc 13813774 I VIII IIII III 03 ©9!2006 c ~ 30 (IIIIIIIIIIII IIIIIIIIIIII IIIIIIIIIIII III CITY OF YELM COV $69.00 Thurston Co. Wa. STATE OF WASHINGTON )§ COUNTY OF PIERCE On this _~~'day of February, 2006 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Jim Kerzie, to me known to be a Managing Member of Comfort Homes , LLC, the limited liability company that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the limited liability company, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto affixed the day and year first above wntten. ~~~11~1~l1I/~// ` / ```~~~`~P s'sio~,'FT~~'. PrintedN e: ? ;~ FEB = .. NOTARY PUBLIC in and for the State of :. 2009 ~ ~ Washington, residing at ~F.tcsi C. yp'~`~~was .~ ~G •~~ My commission expires: ~~eb ?~09 __ ~ PV~, `~~ ,~~~ 'q~Y ~ ' CO p 3 M m w ~ O O V Ifl ~ o t p. M o O r N +~ N H ~ o j M a o ~ ~ m ~ m N ~ [+1 N a ~ w Page 37 of 37 DECLARATION OF PROTECTIVE ~ > COVENANTS, CONDTTIONS, ~ o EASEMENTS & RESTRICTIONS ~ > CCR's Oakridge 2-17-06 revisions of 12-27-OS.doc IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ©38!©9. 2006~1~:30R CITY OF YELM COV $69.00 Thurston Co. a eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Storm Drainage Maintenance Manual for Oakridge Subdivision Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakridge Subdivision 2. Yelm Property Development LLC 3. Balascio, Dennis M. Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Block 36 of McKenna Irrigated Tracts, Vol. 9, Pgs 43 & 44, S19, T17N, R2E Assessor's Property Tax ParceVAccount Number: 64303600701,64303600700,64303600800 3813773 IIIIIII 03 ©9.12©06 f 0:3CR IIIIII IIIIIII IIIIIIII IIIIII IIIIIIII IIIIII IIIIIII Wa. CITY OF YELM MISC $70.00 Thurston Co Yelm Property Development L.L.C. 16422 Middle Rd. S.E. Yelm, WA 98597 STORM DRAINAGE MAINTENANCE MANUAL FOR OAK RIDGE SUBDIVISION 16401 SE MIDDLE RD. SE. YELM, WA 98597 LEGAL DESCRIPTION: PARCEL A: TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL B: THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET OF TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL C: LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PART CONVEYED TO FLORINE BRADELEY BY DEED DATED FEBRUARY 16, 1945 AND RECORDED IN VOLUME 193 OF DEEDS, PAGE 639; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM FOR RIGHT OF WAY DEED RECORDED APRIL 23, 2003 UNDER RECORDING NO. 3524399; BY: SKILLINGS CONNOLLY INC. P.O. Box 5080 Lacey, WA 98509-5080 January 19, 2006 IIIIII IIII P8ge •'23of 39 IIIIIIIIIIII IIIIIIIIIII IIIIIIiII ©3! IIIlillll 09120© III 6 10.30 R CITY OF YELM MISC $70.00 Thurston Co. Wa. PURPOSE The 1992 Department of Ecology Stormwater Management Manual for the Puget Sound Basin requires that a maintenance plan be developed for each storm water facility. Section I-2.14 of the Manual addresses contents of the plan. The following elements area addressed in this plan: • Type and frequency of long term maintenance. Identification of the responsible maintenance organization. • Frequency of sediment removal, cleaning of catch basins, vegetation control, etc. • An estimated average annual cost of maintenance for the storm water facility. An agreement to maintain the system according to the maintenance plan is also required by the manual. CONTENTS: PAGE Purpose and contents.----------------------------------------------------------------------------- 2 Residential maintenance agreement.------------------------------------------------- --------- 3 Maintenance program cover sheet.------------------------------------------------------------- 7 Instructions for person maintaining the storm water system.----------------------------- 8 Specific maintenance requirements.------------------------------------------------------------ 9 Estimate of cost to maintain.----------------------------------------------------------------~----- 16 3813773 (IIII IIII m3 ~9./2~06 f p:30R IIII IIII IIIIIIIIII IIIIIIII IIIIIIIIII IIIIIIIII I Wa. CITY OF YELM MISC $70.00 Thurston Co RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN YELM PROPERTY DEVELOPMENT L.L.C. THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "The Owner") AND THE CITY OF YELM (HEREINAFTER "The Jurisdiction") The upkeep and maintenance of stormwater facilities and the implementation of pollution source control best management practices (BMPs) is essential to the protection ofwater resources. All property owners are expected to conduct business in a manner that promotes environment protection. This Agreement contains specific provisions with respectto maintenance of stormwater facilities and use of pollution source control BMPs. LEGAL DESCRIPTION: PARCEL A: TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL B: THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET OF TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 353570; PARCEL C: LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PART CONVEYED TO FLORINE BRADELEY BY DEED DATED FEBRUARY 16, 1945 AND RECORDED IN VOLUME 193 OF DEEDS, PAGE 639; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM FOR RIGHT OF WAY DEED RECORDED APRIL 23, 2003 UNDER RECORDING NO. 3524399; 3813773 II IIII IIII 03 09./2006 f ~ g~A III III III IIIIIIIII (IIIIIIIII IIIIIIIII IIIIIIII CITY OF YELM MISC $70.00 Thurston Co. Wa. Whereas, The Owner has constructed improvements, including but not limited to buildings, pavement, and storm water 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 The Owner hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below: The Owner SHALL: (1) Implement the storm water facility maintenance program included herein as Attachment "A". (2) Implement the pollution source control program included herein as Attachment ,.8.. (3) Maintain a record (in the form of a log book) of steps taken to implement the programs referenced in (1) and (2) above. The log book shall be available for inspection by The Jurisdiction staff by contacting The Owner during normal business hours. The log book shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow-on actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected on a monthly or more frequent basis as necessary. The Owner is encouraged to photocopy the individual checklists in Attachment A and use them to complete its monthly inspections. These completed checklists would then, in combination, comprise the monthly log book. (4) Submit annual report to the Jurisdiction regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15 of each calendar year and shall contain, at a minimum. the following:' (a) Name, address, and telephone number of the business, the person, or the 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 (1) and (2) above. A photocopy of the applicable sections of the log book with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties not affiliated with The Owner, include a copy of the invoice for services. (d) An outline of planned activities for the next year. 3813773 IIIII p3 p9l2~~6 f 10 30R IIII IIII (IIII IIII IIIII IIIII Wa IIII Co . 111111 ton IIII urs III Th IIIII 00 I ,0. MISC $ CITY OF YELM The Jurisdiction SHALL: (1) Provide technical assistance to The Owner in support of its operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as The Jurisdiction time and resources permit, at no charge to The Owner. (2) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with The Owner. (3) Review this agreement with The 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 storm water facility existing on the Owner's property, The Jurisdiction shall give the owner of the property within which the drainage facility is located, and the person or agent in control of said property, 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 the persons who were given notice stating The jurisdiction's intention to perform such maintenance and bill the owner for all incurred expenses. The Jurisdiction may also revoke storm water utility credits for the quality component or invoke surcharges to the quantity component of the Owner if required maintenance is not performed. (2) If at any time The Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. (3) The Owner grants unrestricted authority to The Jurisdiction for access to any and all storm water system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The persons listed in (1). above, shall assume all responsibly for the cost of any maintenance and/or repairs to the storm water facility. Such responsibility shall include reimbursement to The Jurisdiction within 30 days of the receipt of the invoice for any such work performed. Overdue payments will require payment or interest at the current legal rate for liquidated judgments. If legal action ensues, IIIIII VIII IIIIIII IIII VIII VIII IIIIII III VIII IIII IIII 03819 20D6 f © g0A CITY OF YELM MISC $70.00 Thurston Co. Wa. any costs or fees incurred by The Jurisdiction will be borne by the parties responsible for said reimbursements. (5) The owner hereby grants to The Jurisdiction a lien against the above-described property in an amount equal to the cost incurred by The Jurisdiction to perform the maintenance or repair work described herein. 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 from The Owner or their successors any right, title, or interest in the property or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. 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. Owner Owner IIIIII VIII IIIIIII Pa8ge .' 73of 39 IIIIIIIIIIIIIII 03! VIII III VIII 09!200610. IIIIIIII 3©R CITY OF YELM MISC $70.00 Thurston Co. Wa. STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, and known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. 2005. Dated at 2005. Notary Public in and for the State of Washington, residing in Washington, this day of STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. 2005. APPROVED AS TO FORM: Notary Public in and for the State of Washington, residing in IIII IIII ©3109. 2006 f O:9~R III VIII IIIIII III VIII IIIIII VIII 1111111 IIII II CITY OF YELM MISC $70.00 Thurston Co. Wa. Given under my hand and official seal this day of Given under my hand and official seal this day of ATTACHMENT "A" MAINTENANCE PROGRAM COVER SHEET Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector: Inspector's Signature: I II 3813773 I III VIII IIII I 03 09./206 f 0:308 IIIIIIIIIIilllli IIIIIIIIilllllllll III CITY OF YELM MISC $70.00 Thurston Co. Wa. INSTRUCTIONS The following pages contain maintenance needs for most of the components that are part of your drainage system as well as for some components that you may have. Let us know if there are any components that are missing from these pages. Ignore the requirements that do not apply to your system. You should plan to complete a checklist for all system components on the following schedule: (1) Monthly from November through April. (2) Once in late summer (preferably September). (3) After any major storm (use 1 -inch in 24 hours as a guideline), items marked "S" only. Using photocopies of these pages, check off the problems you looked for each time you did an inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in your files, as they will be used to write your annual report (due in May). Some items do not need to be looked at every time an inspection is done. Use the suggested frequency at the left of each item as a guideline for your inspection. You may call the jurisdiction for technical assistance. Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem. A=Annual (March or April preferred) M=Monthly (see schedule) S=After major storms IIIIII VIII IIIIIII IIII VIII VIII IIIIII III IIIIII III IIII X38/09 2D 6010:3 R CITY OF YELM MISC $70.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Closed Detention Systems (Pipes/Tanks) Frequency Drainage System Problem Conditions to Check For Conditions That Should Feature / Exist M Storage area Plugged One-half of the end area of a vent is Vents free of debris and (pipe tank) air vents blocked at any point with debris and sediment. (small pipe sediment. Plugged vent can cause that storage area to collapse. connects catch basin to storage pipe) M Debris and Accumulated sediment depth exceeds All sediment and debris sediment 15% of diameter. Example: 72-inch removed from storage storage tank would require cleaning when area. Contact City sediment reaches depth of 10 inches. Public Works for guidance on sediment removal and dis osal. A Joints Any crack allowing material to leak into All joints between between facility. tank/pipe sections are tank/pipe sealed. section A Tank pipe Any part of tank/pipe is noticeably bent of Tank/pipe repaired or bent out of shape. replaced to design. shape. Contact a professional en ineer for evaluation. M,S Manhole Cover not Cover is missing or only partially in place. Manhole is closed. in lace. An o en manhole re wires maintenance. A Locking Mechanism cannot be opened by one Mechanism opens with mechanis maintenance person with proper tools. proper tools. m not Bolts into frame have less than 1/2-inch of workin thread ma not a I to self-lockin lids . A Cover One maintenance person cannot remove Cover can be removed difficult to lid after applying 80 pounds of lift. Intent and reinstalled by one remove. is to keep cover from sealing off access to maintenance person. maintenance. A Ladder Maintenance person judges that ladder is Ladder meets design rungs unsafe due to missing rungs, standards and allows unsafe misalignment, rust, or cracks. maintenance persons safe access. If you are unsure whether a problem exists, please contact Jurisdiction and ask for technical assistance. Comments: 3813773 III IIII 03 / 09.12006 010 : 30R IIIIII IIIIIII IIIIIII IIIIII IIIII IIIIIII IIIIIII III Wa. CITY OF YELM MISC $70.00 Thurston Co ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Frequency Drainage System Problem Conditions to Check For Conditions That Feature Should Exist A Rock Pad Missing or Only one layer of rock exists above Replace rocks to moved rock native soil in area 5 square feet or design standards lar er, or an ex osure of native soil. A Rock-filled trench Missing or Trench in not full of rock. Vents free of debris for discharge from moved rock and sediment. and M Dispersion trench Pipe plugged Accumulated sediment that exceeds Pipe cleaned/flushed. with 20% of the design depth. sediment M Perforations Over '/z of perforations in pipe are Clean or replace lu ed lu ed with debris and sediment. erforated i e. M,S Not Visual evidence of water discharging at Trench must be re- discharging concentrated points along trench designed or re-built to water (normal condition is a "sheet flow" of standard. Elevation of properly water along trench). Intent is to prevent lip of trench should be erosion damage. the same (flat) at all oints. M,S Water flows Maintenance person observes water Facility must be re- out top of flowing out during any storm less than built or re-designed to "distributor" the design storm or it is causing or standards. Pipe is catch basin appears likely to cause damage. probably plugged or damaged and needs re lacement. M,S Receiving Water in receiving area is causing or Stabilized slope with area over- has potential of causing landslide. grass or other saturated. vegetation, or rock if condition is severe. If you are unsure whether a problem exists, please contact Jurisdiction and ask for technical assistance. Comments: VIII IIII VIII VIII IIIIII III IIIIII III IIII 038/09 20 6 01 0:30 IIIIIilllllll CITY OF YELM MISC $70.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Frequency Drainage System Problem Conditions to Check For Conditions That Feature / Should Exist M Structure Trash & Distance between debris buildup and All trash and debris debris bottom of orifice plate is less than 1'/z removed. (includes feet. sediment) A Structural Structure is not securely attached to Structure securely damage manhole wall and outlet pipe structure attached to wall and should support at least 1,000 pounds of outlet pipe. u or down ressure. A Structure is not in upright position (allow Structure in correct u to 10% from lumb . osition. A Connections to outlet pipe are not Connections to outlet watertight and show signs of rust. pipe are watertight; structure repaired or replaced and works as deli ned. M Any holes -other than designed holes - in Structure has no the structure. holes other than desi ned holes. M,S Cleanout gate Damaged or Cleanout gate is not watertight or is Gate is watertight missing missing. and works as desi ned. A Gate cannot be moved up and down by Gate moves up and one maintenance person. down easily and is waterti ht. M,S Chain leading to gate is missing or Chain is in place and dama e. works as desi ned. A Gate is rusted over 50% of its surface Gate is repaired or area. replaced to meet desi n standards. M,S Obstructions Any trash, debris, sediment, or vegetation Plate is free of all blocking the plate. obstructions and works as desi ned. M,S Overflow pipe Obstructions Any trash or debris blocking (or having the Pipe is free of all potential of blocking) the overflow pipe. obstructions and works as desi ned. If you are unsure whether a problem exists, please contact Jurisdiction and ask for technical assistance. Comments: 3813773 III IIII p3 09./20D6 c ©: 30R IIIIIIII IIIIIII IIIIIIII IIIIIIII (IIIIIIII IIIIIIII Wa. CITY OF YELM MISC $70.00 Thurston Co. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Frequency Drainage Problem Conditions to Check For Conditions That System / Should Exist Feature M,S General Trash, Trash or debris in front of the catch basin No trash or debris debris, and opening is blocking capacity by more located sediment in than 10%. immediately in or on basin front of catch basin opening. Grate is kept clean and allows water to enter. M Sediment or debris (in the basin) that No sediment or exceeds 1/3 the depth from the bottom debris in the of basin to invert of the lowest pipe into catch basin. or out of the basin. Catch basin is dug out and clean. M,S Trash or debris in any inlet or pipe Inlet and outlet blocking more than 1/3 of its height. pipes free of trash or debris. M Structural Corner of frame extends more than'/. Frame is even damage to inch past curb face into the street (if with curb. frame applicable). and/or top slab M Top slab has holes larger than 2 square Top slab is free of inches or cracks wider than %. inch holes and cracks. (intent is to make sure all material is runnin into the basin . M Frame not sitting flush on top slab, i.e., Frame is sitting separation of more than'/. inch of the flush on top slab. frame from the to slab. A Cracks in Cracks wider than '/ inch and longer Basin replaced or basin than 3 feet, any evidence of soil particles repaired to design walls/botto entering catch basin through cracks, or standards. m maintenance person judges that Contract a structure is unsound. professional engineer for evaluation. A Cracks wider than'/: inch and longer No cracks more than 1 foot at the joint of any inletloutlet than Y. inch wide pipe or any evidence of soil particles at the joint of enterin catch basin throw h cracks. inlet/outlet i e. A Settlement/ Basin has settled more than 1 inch or Basin replaced or misalignme has rotated more than 2 inches out of repaired to design nt alignment. standards. Contact a professional engineer for evaluation. M,S Fire hazard Presence of chemicals such as natural No color, odor, or or other gas, oil, and gasoline. Obnoxious color, sludge. Basin is pollution odor, or sludge noted. dug out and clean. M,S Outlet pipe Vegetation or roots growing in inlet/outlet No vegetation or is clogged pipe joints that is more than six inches root growth with tall and less than six inches apart. present. ve etation If you are unsure whether a problem exists, please contact Jurisdiction and ask for technical assistance. VIII IIIIII III IIIIII III IIII ©38/09 2006 010:30 IIIIII VIII 1111111 IIII VIII CITY OF YELM MISC $70.00 Thurston Co. lJa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Frequenc Drainage Problem Conditions to Check For Conditions That y System / Should Exist Feature M Damaged or Gate is broken, jammed, or missing. Pond has a functioning missing gate to allow entry of components 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 Hinges intact and tubed. gate cannot be easily opened and Gate is working freely. closed b a maintenance erson. A Gate is out of plumb more than 6 Gate is aligned and inches and more than 1 foot out of vertical. desi n ali nment. A Missing stretcher bar, stretcher Stretcher bar, bands, bands, and ties. and ties in lace. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: (VIII VIII IIIIIII IIII VIII VIII IIIIII III IIIIII III IIII ©8 D9 2D 6 0 ~ : 30R CITY OF YELM MISC $70.00 Thurston Co. lJa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Access Roads/Easements Frequen Drainage Problem Conditions to Check For Conditions cy System That Should Feature Exist One General No access road If ponds or other drainage system Determine Time exists features needing maintenance by whether an motorized equipment are present, easement to either an access road or access drainage form public streets is required. feature exists. If yes, obtain City permits and construct gravel (or equal) access road. If not, report lack of easement to Cit attention. M Blocked roadway Debris which could damage Roadway free vehicle tires (glass or metal). of debris which could dama a tires. A Any obstructions which reduce Roadway clearance above road surface to overhead less than 14 feet. clear to 14 feet hi h. A Any obstructions restricting the Construction access to less than 15 feet width. removed to allow at least a 15-foot-wide access. A,S Road Settlement, When any surface defect exceeds Road surface Surface potholes, mush 6 inches in depth and 6 square uniformly spots, ruts feet in area. In general, any smooth with surface defect which hinders or no evidence of prevents maintenance access. settlement, potholes, mush spots, or ruts. Occasionally application of additional gravel or pit- run rock will be needed. M Vegetation in road Woody growth that could block Remove surface vehicular access. Excessive weed woody growth cover. at early stage to prevent vehicular blockage. Cut back weeds if they begin to encroach on road surface. M,S Shoulders Erosion damage Erosion within 1 foot of the Shoulder free and roadway more than 8 inches wide of erosion and ditches and 6 inches deep. matching the surrounding road. If you are unsure whether a problem exists, please contact Jurisdiction and ask for technical assistance. 3813773 II III IIII 03 09./2© 6 X19 30R IIIIIIIII IIIIIIIII IIIIIIIII (IIIIIIIII IIIIIiII I a. CITY OF YELM MISC $70.00 Thurston Co. W ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage Problem Conditions to Check For Conditions That Should System Exist Feature M,S General Trash & debris Dumping of yard waste such Remove trash & debris build-up in pond. as grass clippings and branches and dispose as pre-scribed into basin. Unsightly accumulation by City Waste Management of non-degradable materials such Section. as glass, plastic, metal, foam and coated a er. M Poisonous Any poisonous vegetation in Remove poisonous vegetation which may constitute a hazard to vegetation. Do not spray the public. Examples of poisonous chemicals on vegetation vegetation include: tansy ragwort, without obtaining guidance poison oak, stinging nettles, devils from the Cooperative club. Extension Service and a royal from the Cit . M,S Fire hazard or Presence of chemicals such Find sources of pollution as natural gas, oil, and gasoline, pollution and eliminate obnoxious color, odor, or sludge them. Water is free from noted. noticeable color, odor, or contamination. M Grass not growing For grassy ponds, grass cover Grass cutting or is overgrown. is sparse and weedy or is unnecessary unless dictated over rown. b aesthetics. M Rodent holes Any evidence of rodent holes if Rodents destroyed and facility is acting as a dam or berm, dam or berm repaired. or any evidence of water piping Contact the Thurston through dam or berm via rodent County Health Department holes. for uidance. M Insects When insects such as wasps Insects destroyed or and hornets interfere with re-moved from site. Contact maintenance activities, or when Cooperative Extension mos uitoes become a nuisance. Service for uidance. A Tree growth Tree growth does not allow Trees do not hinder maintenance access or interferes maintenance activities. with maintenance activity (i.e., slope mowing, silt removal, or equipment movements). If trees are not interfering with access, leave trees alone. M Side slopes Erosion on berms Check around inlets and Find causes or erosion of pond or at entrance/exit outlets for signs of erosion. Check and eliminate them. Then berms for signs of sliding or settling. slopes should be stabilized Action is needed where eroded by using appropriate erosion damage over 2 inches deep and control measure(s): e.g., where there is potential for rock reinforcement, planting continued erosion. of rass, com action. M Storage area Sediment buildup Accumulated sediment that Sediment cleaned out in pond exceeds 10% of the designed pond to designed pond shape and depth. Buried or partially buried depth; pond re-seeded if outlet structure probably indicates necessary to control si nificant sediment de osits. erosion. A Emergency Water obstructer Debris block outlet. Remove debris. overflow If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: 3813773 II III IIII ©3109.! 2006 X10 30R IIIIIIIII IIIIIIIIII IIIIIIII IIIIIIIIIII 1111111 CITY OF YELM MISC $70.00 Thurston Co. Wa• ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage Problem Conditions to Check For Conditions That Should System Exist Feature M,S General Trash & debris See Maintenance Checklist for See Maintenance buildu in and Ponds. Check-ist for Ponds. M Poisonous See Maintenance Checklist for See Maintenance ve etation Ponds. Checklist for Ponds. M,S Fire hazard or See Maintenance Checklist for See Maintenance ollution Ponds. Checklist for Ponds. M Vegetation not See Maintenance Checklist for See Maintenance growing or is Ponds. Checklist for Ponds. over rown M Rodent holes See Maintenance Checklist for See Maintenance Ponds. Checklist for Ponds. M Insects See Maintenance Checklist for See Maintenance Ponds. Checklist for Ponds. A Storage area Sediment A soil texture test indicates Sediment is removed buildup in facility is not working at its designed and/or facility is cleaned so system capabilities or was incorrectly that infiltration system works designed. according to design. A sediment trapping area is installed to reduce sediment transport into infiltration area. A Storage area A soil texture test indicates Additional volume is drains slowly facility is not working at its designed added through excavation to (more than 48 capabilities or was incorrectly provide needed storage. hours) or designed. Soil is aerated and rototilled overflows to improve drainage. Contact the City for information on its requirements regarding excavation. M Sediment Any sediment and debris filling Clean out sump to trapping area area to 10% of depth from sump design depth. bottom to bottom of outlet pipe or obstructing flow into the connector i e. One Time Sediment Storm water enters infiltration Add a trapping area by trapping area not area directly without treatment. constructing a sump for present settling of solids. Segregate settling area from rest of facility. Contact City for uidance. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: 3813773 IIII 03 ©91206 0 0 : 30R IIII IIII IIIII Wa . IIIII o. IIIII or, C IIIII rst IIII Thu IIIIII @0 IIII ,0 . IIII IIIII SC $ MI CITY OF YELM ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Frequency Drainage Problem Conditions to Check For Conditions That System Should Exist Feature M General eeds Weeds growing in more than 20% of Weeds present in nonpoisonous) the landscaped area (trees and shrubs less than 5% of the onl landsca ed area. M Safety hazard Any presence of poison ivy or other No poisonous poisonous vegetation or insect nests. vegetation or insect nests present in landscaped area. M,S Trash or litter See Ponds Checklist. See Ponds Checklist. M,S Erosion of Noticeable rills are seen in Causes of erosion ground landscaped areas. are identified and steps surface taken to slow down/spread out the water. Eroded areas are filled, contoured, and seeded. A Trees and Damage Limbs or parts of trees or shrubs Trim tree/shrubs to shrubs that are split or broken which affect more restore shape. Replace than 25% or the total foliage of the tree or trees/shrubs with severe shrub. dama e. M Trees or shrubs that have been Replant tree, blown down or knocked over. inspecting for injury to stem or roots. Replace if severe) dama ed. A Trees or shrubs which are not Place stakes and adequately supported or are leaning over, rubber-coated ties around causing exposure of the roots. young trees/shrubs for su ort. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: III 38 IIII 13 III 77 II 3 IIII III II II III P C III a IT IIII e. Y o III g 1 F II 9 Y III o f EL II 3 M III 9 II III III o 13, MISC 09/2©06 1~:3~A $70.00 Thurston r.. .. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Frequency Drainage Problem Conditions to Check For Conditions That System Should Exist Feature M,S Open Trash & Dumping of yard wastes such as grass Remove trash and ditches debris clippings and branches into basin. Unsightly debris. accumulation of non-degradable materials such as glass, plastic, metal, foam and coated a er. M Sediment Accumulated sediment that exceeds Ditch cleaned of all buildup 20% of the design depth. sediment and debris so that is matches desi n. M Erosion See Ponds Checklist. See Ponds damage to Checklist. slo es A Rock lining Maintenance person can see native soil Replace rocks to out of place or beneath the rock lining. design standard. missing (if a licable Varies Catch See Catch Basins Checklist. See Catch Basins basins Checklist. M,S Swales Trash & See above for Ditches. See above for debris Ditches. M Sediment See above for Ditches. Vegetation may need buildup to be replanted after cleanin . M Vegetation not Grass cover is sparse and weedy or Aerate soils and growing or areas are overgrown with woody vegetation. reseed and mulch bare overgrown areas. Maintain grass height at a minimum of 6 inches for best storm water treatment. Remove woody growth, recontour, and reseed as necessa M,S Erosion See Ponds Checklist. See Ponds damage to Checklist. slo es M Conversion by Swale has been filled in or blocked by If possible, speak home-owner shed, woodpile, shrubbery, etc. with homeowner and to request that swale area incompatible be restored. Contact City use to report problem if not rectified voluntaril . A Swale does Water stands in Swale or flow velocity A survey map may not drain is very slow. Stagnation occurs. be needed to check grades. Grades need to be in 1-5% range if possible. If grade is less than 1%, underdrains may need to be installed. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: 3813773 II II IIII 03 // 09./ 206 c ©: 30A III VIII IIIIIIIII IIIIIII IIIIIII IIIIIII IIIIIII I CITY OF YELM MISC $70.00 Thurston Co. Wa• ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Grounds (Landscaping) Frequency Drainage Problem Conditions to Check For Conditions That Should System Exist Feature M General Weeds Weeds growing in more than 20% of Weeds present in less (nonpoisono the landscaped area (trees and shrubs than 5% of the landscaped us onl area. M Safety Any presence of poison ivy or other No poisonous vegetation hazard poisonous vegetation or insect nests. or insect nests present in Iandsca ed area. M.S Trash or See Ponds Checklist. See Ponds Checklist. litter M,S Erosion of Noticeable rills are seen in Causes of erosion are ground landscaped areas. identified and steps taken to surface slow downlspread out the water. Eroded areas are filled, contoured, and seeded. A Trees and Damage Limbs or parts of trees or shrubs Trim tree/shrubs to restore shrubs that are split or broken which affect more shape. Replace trees/shrubs than 25% or the total foliage of the tree or with severe damage. shrub. M Trees or shrubs that have been Replant tree, inspecting blown down or knocked over. for injury to stem or roots. Re lace if severe) dama ed. A Trees or shrubs which are not Place stakes and rubber- adequately supported or are leaning over, coated ties around young causin ex osure of the roots. trees/shrubs for su ort. If you are unsure whether a problem exists, please contact the jurisdiction and ask for technical assistance. Comments: 3813773 II II IIII ~3 09.! 2m06 c ~ : 3 A IIII VIII 1111111 IIIIIIIIII IIIIIIIII Illillll IIII CITY OF YELM MISC $70.00 Thurston Co. Wa. COST ESTIMATE FOR MAINTENANCE Monthly and After Major Storm: Rock Galleries: 2 Hours Swales 4 Hours 6 hrs. per month 12 Months/Year x 6.0 Hours/Month x $15.00/Hour = $1,080.00/Year Annual: Rock Galleries: $ 400.00 (Sediment removal once every 5 years) Conveyance Systems $1,500.00 (includes pipes, ditches and swales) General cleanup $1,000.00 (Includes cleaning pavement surfaces, and other drainage surfaces.) $1,900.00/Year TOTAL ESTIMATED ANNUAL MAINTENANCE COST = $2,980.00 3813773 IIIIII II IIII 03 ©9.! 200 010 : 3D IIIIII III I IIIIIIIIIII IIIIIIIIIII IIIIIIIIII I CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manual Vo/ume // PURPOSE Many products and practices commonly used in and around our houses are hazardous to both ourselves and the environment. The purpose of this chapter is to give alternatives, where possible, for those types of products and practices. There are two categories of BMPs in this chapter. The first category of BMPs includes "good housekeeping" practices that everyone should use. The second category of BMPs deals with erosion and pollution control practices for people who raise large animals. POLLUTION CONTROL PRACTICES FOR HOMEOWNERS It has been said that the average home today contains more chemicals than the average chemical lab of .100 years ago. When many of these chemicals are used industrially, they can be subject to various health and safety standards; yet these same substances are used freely and often carelessly in homes across the nation. The BMPs in this section are divided into four categories: Household Hazardous Wastes, Pesticides, Remodeling, and Septic Maintenance. Each section includes information on available alternatives. Household hazardous wastes Many of the cleaning agents, solvents, polishes, etc. used commonly in the home are considered hazardous wastes. These products may be toxic, corrosive, reactive, flammable, and/or carcinogenic.. It is critical that these products are disposed of properly. A list of some common household hazardous wastes is presented in Table 1. In addition, many hazardous household chemicals persist for long periods of time in the environment. Manufacturers may truthfully state that a product is "biodegradable"; most products are biodegradable, but what is important is the rig at which they are broken down and the ro u they are broken down into. The term "biodegradable" on its own is thus rather meaningless unless the product is rapidly degraded into harmless breakdown .products. Residential 1 Best Management Practices IIIIIIIIIIIIIIIIIIIIII P8ge:'23 of 39 VIII VIII IIIIII III VIII 03!09/2006 1©:30A IIIIIIII CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manua! Volume l1 It is important to note here that the term "biodegradable" currently has no legal definition in this state. This means that any product can use this term according to the , manufacturer's own definition. This definition may not be at aN similar to the consumer's perception. Household product management 1. Buy only those detergents that contain little or no phosphorus. Phosphorus can cause algae ,blooms if it is washed into lakes, streams, bays or from septic systems into ground water. Most detergents which are low or phosphate free are labeled as such. 2. Use only the manufacturer's suggested amount of any cleaner. More is not necessarily better. 3. Products such as oven cleaner, floor wax, furniture polish; drain cleaners, and spot removers. often contain chemicals that are toxic.. Buy the least toxic product available, and use anon-toxic substitute if one can be found. Ovens, for example Gan be cleaned by applying table salt to spills, then scrubbing with a solution of Wvashing soda and water. Table 2 lists some substitutes for commonly used .household cleaners. If it is necessary to use a product that contains toxic chemicals, then use the product only as directed. do not combine products, as they may become more dangerous when mixed (such as chlorine bleach and ammonia), Use protective clothing and rubber gloves. Contact the Hazardous Substance Hotline at 1-800-633-'7585 if you have any questions regarding how to dispose of 8 :product or empty container. Many areas now have either hazardous waste collection days, or permanent facilities where residents can. bring hazardous wastes. ,Call your county's environmental health department for further information. 4. Chemicals left over from such hobbies as .photography are hazardous and Should not be flushed down the sink. This is especially important if your home is hooked up to a septic system.. Toxic chemicals can kill the bacteria in the tank that treat sewage. R+~side»tial ~ Best Management practices I IIIIII IIIII IIIIIII IIII IIIII IIIII IIIIII III IIIIIII II I 0381 ~9 2D 6 01 ~ 30 III CITY OF YELM MISC $70.00 Thurston Co. Wa Stormwater Program Guidance Manual Volume // 5. Buy toxic products in small quantities. If you cannot use all of the product, try to give it away instead of disposing of it. 6. Be sure that the contents of all containers are clearly marked. 7. Common (not automobile) batteries are one of the worst sources of heavy metals found in landfills. instead of throwing them away, dispose of them at a hazardous waste collection site. AUTOMOTIVE USAGE, CARE AND MAINTENANCE 1. Cars should be serviced regularly. Any leaky lines or valves should be replaced. Dumping oil, degreasers, antifreeze, and other automotive liquids into a stream or a storm drain is ille4al. Do not dump them onto the ground because they will end up in stormwater runoff, once it rains. Do not use oil to reduce dust levels on unpaved areas. 2. If possible, recycle used oil and antifreeze. Keep them in separate containers. Call `E the Recycling Hotline at 1-800-RECYCLE for the location of the nearest recycling center or call your local gas stations. 3. Wrap empty oil or antifreeze containers in several layers of newspaper, tie securely and place in a covered trash -can. Antifreeze is sweet-tasting, but poisonous to people, fish, pets and wildlife. 4. Sweep your driveway instead of/or before hosing it down. Many toxicants and heavy metals associated with automobiles can build up on driveway surfaces and be washed into local surface water when driveways are hosed down. 5. When washing vehicles, direct soapsuds onto the lawn or another vegetated area to keep the soap from washing into the local surface water. 6. Small spills of oil and other fluids can be absorbed by using materials such as kitty litter or sawdust. Wrap the used kitty litter and any contaminated soil in a plastic bag and then place it ~in the garbage. If a spill reaches surface water, you must notify the nearest regional office of the Department of Ecology: Residential 3 Best Management Practices IIIIII VIII IIIIIII IIII VIII VIII IIIIII III IIIIIII II IIII X38/09 20 6 ~0 3 R CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manua/ Volume /I Northwest .Region -Redmond 867-7000 (24-hour) Southwest Region -Olympia 753-2353 (24-hour) There are fines for failure to notify the appropriate agency. when a spill occurs. 7. Deicing chemicals (most commonly salt) are often used on private sidewalks and driveways during cold winter weather. These chemicals can harm concrete less than three years in age, and burn vegetation. They are also corrosive to cars and other metal objects. Not only are the deicing chemicals pollutants, but the additives are often .pollutants as well. Cyanide is formed from the breakdown of a common anti-caking agent used in deicing chemicals. Urea salts have been proposed as an alternative to other types of salt deicers, but great care must be used in applying them: These salts contain large quantities of nitrogen, which can severely burn plants if over-applied. The use of these chemicals should be minimized or avoided if possible.. While deicing chemicals are more effective in removing snow from roads than are grits such as sand, they cause much worse pollution and if used at all should be used in moderation. -- SMALL BOAT USAGE, CARE AND MAINTENANCE 1. In~ narrow creeks and coves boat wakes can contribute to shoreline erosion. To minimize erosion, boats should. not produce wakes within 500. feet of shore. A speed greater than 8 knots can cause a wake with great erosive force. 2. When washing a boat, use low phosphate or phosphate free detergent. Using a brush and scrubbing the boat down after each use can minimize the need for washing. When possible, avoid stain-removing products as they are generally~toxic. Residential 4 Best Management Practices 1 3813773 VIII II IIII 03 / 09.12006 X10 : 3 R IIII III II III VIII II IIIIII IIII II IIII VIII I I II rrrv nG YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manual Volume // Table 1 Hazardous Household Substances List Repair and Remo~Qling 1. Adhesives, glues, cements. 2. Roof coatings, sealants. 3. Caulking and sealants. 4. Epoxy resins. 5. Solvent-based paints. 6. Solvents and thinners. 7. Paint removers and strippers. Cleaning Agents 1. Oven cleaners 2. Degreasers and spot removers 3. Toilet, drain and septic tank cleaners 4. Polishes, waxes and strippers 5. Deck, patio and chimney cleaners 6. Solvent cleaning fluids P ii 1. Insecticides 2. Fungicides 3. Rodenticides 4. Molluscicides 5. Wood preservatives 6. Moss retardants 7. Herbicides 8. Fertilizers Auto, Boat and Epuipment Maintenance 1. Batteries 2. Waxes and cleaners 3. Paints, solvents and thinners 4. Additives 5. Gasoline 6. Flushes 7. Auto repair materials 8. Motor oil 9. Diesel oil 10. Antifreeze Hobbv and Recreation 1. Paints, thinners and solvents 2. Chemicals tphoto and pool) 3. Glues and cements 4. Inks and dyes 5. Glazes 6. Chemistry sets 7. Bottled gas 8. White gas 9. Charcoal starter fluid Miscellaneous 1. Ammunition 2. Asbestos 3. Fireworks Source: Guidelines for Local Hazardous Waste Planning, Ecology, No. 87-18, 1987. Residential 5 Best Management Practices IIIIIIVIIIIIIIIIIIII Page .723 of 39 IIIIIIIIIIIIIIIIIIIIIII °3!09120061. IIIIIIIIII ©30R CITY OF YELM MISC $70.00 Thurston Co_ LIw r Stormwater Program Guidance Manua/ S/olume !f Tab(e 2' Non-Toxic or Less Toxic alternatives to Toxic Products Hazardous Product Alternative(s) ~-ir fresheners Set out a dish of vinegar or simmer cinnamon and cloves or set out herbal bouquets or potpourri in open dishes or burn scented candles. Bleach. Borax or oxygen bteaches or reduce. bleach by i4 and add '/. - '/:C. baking soda, or let clothes dry in the sun. Brass polish: Worcestershire sauce. Chrome polish Apple cider vinegar or a paste of baking soda and water or a lemon peel. Coffee stains Moist salt paste. Coffee pot cleaner Vinegar.. Copper cleaner Mix lemon juice and salt or use tomato catsup. Drain cleaner Use a plunger followed by '/: C. baking soda mixed in '~ C. vinegar. Let sit 15 minutes, pour down Z qts. boiling. water. Furniture polish Linseed, olive or almond oils or a mixture of 3. parts olive oil to 1 part white vinegar or a mixture of 1 Tbsp. lemon oil and 1 pint mineral oil. Garbage disposal deodorizer Used lemon rind or baking soda. Glass cleaner Mix 2 Tbsp. vinegar with 1 quart water. Residential g ~ Best Management Practices 3813773 I IIIIII VIII IIIIIII IIII VIII VIII IIIIII III 03 09/200 010:3© IIIIIIIIIIIII CITY OF YELM MISC $70.00 Thurston Co. Wa Stormwater Program Guidance Manual Volume l/ Grease remover Make a paste of borax on a damp cloth. Ink stain remover Spray with leftover non-aerosol hairspray before washing. Laundry soap Borax, baking soda or washing soda. Linoleum floor cleaner 1 C. white vinegar in 2 gals. water. Mildew remover Equal parts vinegar and salt. ~ ~ Mothballs Cedar chips or blocks, or use dried tansy, lavender or peppercorns in drawers and closets. Oil spills Kitty litter, sawdust. Oil stain removal White chalk rubbed into the stain prior to washing. Over cleaner Pour lots of salt on fresh spills and scrape off after the oven cools. A. soda water solution will cut grease. Paint ammonia on spills with a paintbrush; then rinse off. Paint brush softener Hot vinegar. Paint/grease remover Wear gloves or use baby oil. Paint stripper Use mechanical sanding instead of chemical strippers. Pet odor removal Cider vinegar. Pitch or sap remover Butter, margarine or vegetable shortening. Porcelain stain remover Baking soda. Residential 7 Best Management Practices IIIIII VIII IIIIIII IIII VIII VIII IIIIII III IIIIIII II IIII 038/9 20 6010:30 :ITY OF YELM MISC X70.00 Thurston CO. W~ Stormwater Program Guidance Manua/ Volume // Refrigerator deodorizer Open box of baking soda. Rug/carpet cleaner (general) Use asoap-based non-aerosol rug shampoo, vacuum when dry. Rug/carpet cleaner (spots) Pour on club soda or sprinkle cornmeal or cornstarch on the rug, let sit at least 30 mins. then vacuum. Rust removal Lemon juice plus salt plus sunlight. Rusty bolt remover Carbonated beverage. Scorch mark remover Grated onion. Spot remover Club soda, lemon juice or salt or rub with a cornstarch paste, brush off when dry. Scouring powder Baking soda or a non-chlorine scouring powder. Silver polish Soak silver in warm water with 1 Tbsp. soda, 1 Tbsp. salt and a piece of aluminum foil. Stainless steel polish Mineral oil. Toilet bowl cleaner Past of borax and lemon juice. Tub and file cleaner %. C. soda and '/s C. white vinegar mixed with warm water. Upholstery spot remover ~ Club soda. Water mark remover Toothpaste. Water softener '/4 C. vinegar. Residential g Best Management. Practices IIIIIIIIIIIIIIIIIIIIIIIII 03$!x9 2DO of 39 III IIIII IIIIII III IIII III 6 1©. 30R IIIIII CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manual Volume /l 3. Boat hulls may have been repainted with tributyltin (a paint) to prevent fouling. This type of paint is extremely toxic to marine life. When scraping the boat bottom, catch the scrapings with a drop cloth. Compress the scrapings into as small a can as possible, label the can and turn it in to the nearest household hazardous waste collection center. Repaint the hull using acopper-based paint. Copper-based paints are less toxic (although not non-toxic) to marine life. PESTICIDES AND FERTILIZERS Pesticides (such as insecticides and herbicides) and fertilizers are commonly used by homeowners in their quest for bigger, healthier plants. These chemicals are easily overused. Homeowners often do not know just how much fertilizer is necessary in their soil. Often, people assume that more is better. These chemicals are easily introduced into stormwater runoff and can. cause algae blooms (fertilizers) or kill off aquatic organisms (pesticides). Fertilizer manaaement 1. Before fertilizing, test your soil. This can be easily done by using kits that are available, or through tests provided by the County Cooperative Extension office in your area. Use only the recommended- amount of fertilizer. 2. Use fertilizers that are appropriate for your area, and for the type of plants you are growing. Work the fertilizer into the soil directly around the plant's drip line. By incorporating the fertilizer into the soil, there will be less likelihood of contaminated runoff. 3. Water before fertilizing.. Water enough to dampen the ground thoroughly, but not enough to cause surface runoff. 4. Many soils can benefit from the use of organic fertilizers such as compost or peat. Not only do these substances add nutrients to soil, they also increase the porosity of the soil and increase its ability to hold water. ' As used here, the word pesticide can mean any herbicide, insecticide, rodenticide, miticide or other types of chemicals used in the same manner. Residential 9 Best Management Practices 13813773 III VIII III 03 X9./2©06 010:3 R IIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIIII IIII rt7v OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manual Volume // 5. Slow release fertilizers (which are generally resin-coated) can be used in addition to organic fertilizers. They are not mobile in the soil, and are only applied once, which saves work. In~ggrated nest management Rather than bringing out the sprayer whenever a pest infestation occurs in the garden, consider using Integrated Pest Management (also known as IPM). IPM emphasizes the evaluation of all factors including environmental effects before chemicals are applied. Pesticides should only be used as a last resort. IPM maximizes the use of natural pest controls. Some of the tactics that can be used to decrease or eliminate the use of pesticide sprays include: • Use. of Natural Predators. Pathogens: Because sprays generally kill many beneficial insects instead of just the target pest, it may be necessary to introduce natural predators back into the garden. Ladybugs, lacewings, predatory wasps, and nematodes are all commercially available. Garter snakes and toads are also predators and should not be eliminated from the garden. There are some bacteria, viruses, and insect parasites that are specific to pests and will not harm other insects or animals. A commonly used bacterium in the Puget Sound area is BaciNus thuringiensis lBt), which is intended to control infestations of tent caterpillars. • Habitat Changes: Many times a change of habitat can control pest infestations. Removal of old tires can cut down on the mosquito population by removing a convenient water-filled location that they can breed in. Crop rotation, even in a small garden can reduce the number of pest in#estations. Removing last year's leaves from under rose bushes can cut down on the incidence of mildew and blackspot, as these fungi overwinter in dead leaves. • Ti in :Crops that can overwinter (such as leeks or carrots) should be planted in the fall. This gives them the time to become established before pests appear in the spring. • Mechanical: Many eggs, larvae, cocoons,-and adult insects can be removed by heed. Be sure that the insect is properly identified prior to removing it so that Residential ~ p Best Management ,Practices IIIIII VIII IIIIIII IIII VIII VIII IIIIII III VIII IIIIII 038lD9 2D 6 X10 3 R II :ITY OF YELM MTCC G7A mm Th~~..~~..,, r., i.i~ Stormwater Program Guidance Manual I Vo/ume // beneficial insects are not destroyed in error. Drowning insects in water is an alternative to squashing them. • Resistant Plants: Plants that are native to this area are often more resistant to pests and climate, etc'. than are introduced plants. Many plant cultivars have been developed- which- are resistant to such diseases as verticilium wilt and peach leaf curl. • Growing Conditions: Plants, such as hostas, that require some shade are more susceptible to pests when they are grown in sun. Plants that are not properly fertilized or watered are less vigorous in growth and tend to attract pests. Plants that prefer an acid soil, such as azaleas, will perform better and be less susceptible to pests when they are grown in soil with the proper pH. • Chemicals: Chemicals are a small part of the entire IPM plan and should be applied only as needed after reviewing all other alternatives. Pesticide manas~ement 1 1. Know what pest you are spraying for. Use the pesticide according to the manufacturer's instructions and buy only the quantity needed. Many pesticides have a limited shelf life and may be useless or degrade into even more toxic compounds if kept on the shelf. 2. Do not apply more than the specified amount. Overuse can be dangerous to your health as well as the health of wildlife and the environment. If more than one chemical can be used to control the pest, choose the least toxic. The word "caution" on the label means that the chemical is less toxic than one that is labelled "warning." 3. Do not spray on windy days, in the morning of what will be a very hot day, or when rain is likely to occur. Herbicides can drift and injure valuable ornamental .plants in either your or your neighbor's back yard. Do not water heavily after application. Plants should be lightly watered BEFORE application to prevent burning of the foliage. Residential ~ ~ Best Management Practices I IIIIII VIII III P89 3733 of 39 IIIIIIIIIIIII IIIIIIIIIIII 03/ II (IIII IIII 0912006 IIII 10.308 CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manual Volume ll 4. Never apply pesticides near streams, ponds, or wetlands. Do not apply them to bare or eroded ground. Many pesticides bind to soil particles and can be easily carried into a stream or storm drain. 5. Pesticides should be stored well away from living areas. Ideally, the storage area should have a cement floor and be insulated from temperature extremes. Always keep pesticides in their original containers with labels intact. Labels often corrode and become illegible in this climate and may have, to be taped onto the container. 6. Federal law now requires that all pesticides be labelled with the appropriate disposal method. Leftovers should never be dumped' anywhere, including a landfill. Many . counties in this area conduct hazardous waste collection days or collect waste regularly at the landfill. Contact the county environmental health department for more information. 7. Empty containers should be triple-rinsed and the leftover rinse water used as spray. Once containers are triple-rinsed, they are not considered hazardous waste and may be disposed of in most landfills. However, call your local landfill before putting the container in the garbage. ; 8. If a pesticide is spilled onto pavement, it can be absorbed using kitty litter or sawdust. The contaminated absorbent should be bagged and labeled and taken to a hazardous waste collection site. If the pesticide is spilled onto dirt, dig up the dirt, place it in a plastic bag and take it to .a hazardous waste collection center. 9. Many pest control companies and licensed applicators have access td pesticides that are more toxic than those available to the consumer. Check with the company before they spray indoors or outdoors to find out what spray they will be using and what precautions, if any, are necessary after the operator leaves. HOME REMODELING Remodeling uses some of the most toxic substances found in the home. Paints, preservatives, strippers, brush cleaners, and solvents all contain a wide range of chemicals, some of which are suspected to be carcinogens (cancer-causing). These products should never be dumped in a landfill or put down a sewer or septic system. Residential ~ 2 Best Management Practices ~ 3813773 I IIII 03 / 09.12006 c ~ : 30R II III IIIIII IIIIII 1111111 IIIII IIIIII IIIIII IIIIII III ['iTY OF YELM MISC $70.00 Thurston Co. Wa• Stormwater Program Guidance Manual Volume // 1. When building a deck consider using wood instead of concrete. Wood decking allows rainwater to drip onto the ground below, keeping it from becoming surface runoff. 2. Decks and sidewalks can also be built out of brick interlocking pavers or modular concrete. If these surfaces are placed on a bed of well-drained soil, gravel or sand, rainwater can infiltrate into the ground through them. 3. To reduce disposal problems, buy only the amount you need. Used turpentine or brush cleaner can be filtered and reused. Paint cans should be allowed to dry and then be disposed of during a hazardous waste collection day or at a permanent collection location. 4. Large amounts of .leftover paint can' be given away, for example to a theater group. Currently, the City of Seattle is experimenting with recycling latex paint turned in as hazardous waste. It is blended, cleaned, tinted, and is now being sold on a trial basis as "Seattle Beige." 5. Roof downspouts can be adapted to infiltrate runoff where the soil is well drained. ~ The runoff from them can enter a gravel bed where it can infiltrate into the ground. For design criteria, see BMP RI-15, Roof Downspout Systems in Volume III of the Stormwater Management Manual for the Puget Sound Basin. 6. When gardening on slopes, reduce the potential for surface runoff by using terraces across the face of the hill. These can be as simple as little soil "bumps" or can be elaborate using such products as pressure-treated wood 4x4s or rock walls. SEPTIC SYSTEM CARE AND MANAGEMENT While septic'systems do not seem to have a direct relationship with stormwater runoff, they can in some instances be related. 1. Roof drains and stormwater runoff should be diverted away from drainfields. Excess water reduces the capacity of the drainfield to absorb effluent from the septic tank. Residential 13 Best Management Practices 3813773 I IIII IIII 03 ~9./20D6 a Q: 3DR IIII IIII IIIIIIIII IIIIIIIIII IIIIIIIIIII IIIIIIII CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwa.ter Program Guidance Manual Volume // 2. Water from hot tubs should not be drained into a septic system all at once. They are not designed to handle large volumes of chlorinated water.. Either ;use the water on plants in the yard, or drain the hot tub slowly over ~a period of days.. 3. Septic tank tanks should be pumped regularly. Ponded water, damp places in the yard, foul odors andior a dark gray or black soil color may .indicate septic drainfield failure. Effluent from a malfunctioning septic tank can cause disease and nitrate problems in groundwater. LARGE ANIMAL MANAQEMENT People o#ten own livestock in low-density residential areas. Horses are the most popular animal, .but goats, cows, sheep, Haman, pigs and chickens are also kept. Nearby streams and lakes can be .adversely affected by manure-contaminated stormwater draining from pastures. Overgrazing, a common ,problem, denudes ,pastures and aN.ows :excessive runoff and erosion. Contamination #requently occurs when animas .defecate directly into a lake or stream. Streambanks can also be broken down. it is essential for livestock owners to install BMPs similar to those described below. .Not only will they help in controlling water quality, but they will help maintain productive :pastures by increasing the grass cover ,and reducing :erosion. Pasture management 1. Pastures should be fenced to keep animals away from surface water. I# stock must be watered at a stream, use cramp-and-fence system to ::keep them .out of the water (.Figure 1). A minimum 10-foot strip of vegetation should be :left between the fence and the water. 2. If the buffer area around the water cannot be fenced, it should be planted with a "living fence," vegetation that is :impenetrable to livestock. The bu#fer strip should be at least 25 feet wide. Consult with local goverment for any other restrictions and/or the restrictions contained in a Sensitive Areas Ordinance, if ,passed. 3. Avoid overgrazing, Restrict grazing during the winter months when .grasses are dormant and easily .overgrazed. Grazing when the soil is wet can cause compaction Residential 14 .Best Ma~agemen;t Practices 3813773 II IIII p3/09./20~6 X10 : 3DR VIIIII VIII VIII 1111111 VIII IIIIII IIIIII a. VIII o. W III n C CITY OF YELM MISC $70.00 Thursto Stormwater Program Guidance Manual Volume // of the soil and can :result in reduced plant growth, erosion, and contamination of surface water. 4. If animals must be kept in a pasture over the winter, a small "sacrifice" area should be used for feeding and watering. This will limit the amount of land disturbed and reduce the area of pasture that-will need reseeding. The sacrifice area should be located away from streams or standing water. Portable electric fencing can be used to keep the animals in this temporary area. 5. Always limit the number. of animals pastured based on the amount of land available and pasture productivity. The local Conservation District can offer advice on the proper stocking rate for your land. The smaller the acreage grazed, the greater the chance for vegetative destruction, even when hay is provided. 6. Intensive livestock use may necessitate reseeding of a pasture every two to three years to optimize production and minimize the chance of erosion. Ideal renovation entails plowing the pasture. and sowing an annual crop such as corn, oats, or annual rye grass for one year and reseeding again the following year. Animals should be kept off the new seeding .for the first year. Fields may be hayed towards the end of the first growing year. 7. If planting an alternate -crop for one year is not possible, some coverage and plant species improvement .can be achieved by disking the pasture and reseeding. 8. Overgrazing can also be avoided by dividing the pasture into three or more units. and establishing a grazing rotation period that allows foliage three to four weeks of regrowth between grazing periods. A portable electric fence can also be used in this situation. 9. The Soil Conservation Service and the County Conservation District can provide growers with details of these practices. Residential ~ 5 Best Management Practices 3813773 II IIII IIII 03 09.! 2006 c 0 : 3~R IIII III III IIIIIIIIIIIII IIIIIIIIIII IIIIIIIIIII CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manua/ Volume /l Figure 1 2"Xy' OK on~ER sraP DEVr~ rb P~vErVT~ ~ ~// LA17'~ Noa(/6S fRQA~f SL(PP/NG- /Nn7 s'rXEAb1 \ RAMP ~/ ~~ KOf WlR~ /% 2 Ff: ~' RAMP ~~____ _~ . ~~ ~~, ~'lt~7r' Wife Animal waste management 1. Manure should be collected regularly and stored. The storage site should be an area well away from creeks, ditches, marshes, and ponded or flowing water, where off- site runoff cannot mix with manure and where seepage from manure cannot enter surface water. 2. Stored manure should be covered with either a roof'or plastic sheeting to prevent the entry of rainwater.. Rooftop runoff from the manure storage area should be diverted away from the storage area by using gutters and downspouts. This clean water can be infiltrated back into the ground to recharge ground water. BMPs III-RI-15 and III- RI-16 in Volume III of the Stormwater Management Manual for the Puget Sound Basin give design criteria for roof downspout infiltration systems. 3. Small watercourses adjacent to the manure storage. area should be redirected or enclosed. To do any work in or on streambanks, a short-term water quality modification permit or a hydraulic permit approval may be required. Residential 1 g Best Management Practices III IIII ©8 09. 2006 10:3 A IIIIIIIIIIIIIIIIIII IIIII 1111111 IIII IIIII 111111 CITY OF YELM MISC $70.00 Thurston Co. Wa. Stormwater Program Guidance Manual Volume // 4. Concrete slabs with walls or curbs will provide the most control for manure storage. The storage area should be designed so that liquid wastes are retained and directed to a liquid storage area. 5. Manure maybe given away, or used as fertilizer on seeded pastures. REFERENCES Puget Sound Water Quality Authority, Managing Nonooint Pollution - an Action Plan for Puget Sound Watersheds, 88-31, June, 1989. Washington State Dept. of. Ecology, Water Quality Guide -Recommended Pollution Control Practices for Homeowners and Small Farm Ooerators 87-30, revised June, 1991. Washington State Dept. of Ecology, Hazardous Waste Pesticides, 89-41, August, 1989. Washington State Dept. of Ecology, Turning the Tide on Toxics in the Home. 1989. Residential 17 Best Management Practices (IIIII VIII IIIIIII IIII VIII VIII I 3813773 IIIII III IIIII IIII IIII o3 °9120° ~ 0 3© CITY OF YELM MISC $70.00 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 Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakridge Subdivision 2. Yelm Property Development LLC 3. Balascio, Dennis M. Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Block 36 of McKenna Irrigated Tracts, Vol. 9, Pgs 43 & 44, 519, T17N, R2E Assessor's Property Tax ParceUAccount Number: 64303600701,64303600700,64303600800 IIIIII VIII IIIIIII IIII VIII VIII IIIIII III VIII IIII IIII ©8 D9 2~~6 f © 3~R CITY OF YELM PC $37.00 Thurston Co. Wa. 3905 Martin Way East, Suite A ~an~l1G1 ~~a Olympia, Washington 98506 Transnation Phone: 360-459-8800 Fax: 360-493-2236 Skillings-Connolly, Inc. 5016 Lacey Blvd SE Lacey, WA 98503 REFERENCE NO: / Order No.: 20207118 Liability: $0.00 Charge: $ 300.00 Tax: $ 25.20 Total: $ 325.20 SUBDIVISION GUARANTEE Subject to the Exclusions from Coverage, the limits of liability and other provisions of the Conditions and Stipulations hereto annexed and made a part of this Guarantee, and subject to the further exclusion and limitation that no guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A or with respect to the validity, legal effect or priority of any matter shown therein. Transnation Title Insurance Company a corporation herein called the Company, GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated herein which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. Dated: January 17, 2006 3813771 I IIII IIII 03 // 09./ 2006 10 :: 3CR I III IIII IIIIIIIII IIIIIIIII IIIIIIIII (IIIIIIIII CITY OF YELM PC $37.00 Thurston Co. Wa. Subdivision Guarantee GNT004 ~~ / ~/ qy~~ GAO 10~~, Page 1 of 5 SCHEDULE A 1. Name of Assured: Skillings-Connolly, Inc. 2. Date of Guarantee: January 17, 2006 3. The assurances referred to on the face page hereof are: Order No.: 20207118 a. That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land: See Exhibit A attached hereto. b. Title to the estate or interest in the land is vested in: Yelm Property Development LLC, a Washington limited liability company c. The estate or interest in the land which is covered by this Guarantee is: A fee simple estate Subject to the Exceptions shown below, which are not necessarily shown in order of their priority. EXCEPTIONS: 1. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 64303600800 YEAR BILLED PAID BALANCE 2006 $2,164.47 $0.00 $2,164.47 THE CURRENT LEVY CODE IS 170 AS TO PARCEL A. 2. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) TAX ACCOUNT NO.: 64303600801 YEAR BILLED PAID BALANCE 2006 $1,202.28 $0.00 $1,202.28 THE CURRENT LEVY CODE IS 170. AS TO PARCEL B 3. GENERAL PROPERTY TAXES AND SERVICE CHARGES, AS FOLLOWS, TOGETHER WITH INTEREST, PENALTY AND STATUTORY FORECLOSURE COSTS, IF ANY, AFTER DELINQUENCY: (1ST HALF DELINQUENT ON MAY 1; 2ND HALF DELINQUENT ON NOVEMBER 1) 3813771 IIII IIII 03 / 09.12006 {10 30A I VIII IIIIII IIIIIII IIIIII IIIIII VIII Wa. IIII o. IIIIIII on c CITY OF YELM PC $37.00 Thurst Subdivision Guarantee Page 2 of 5 GNT004 OrderNo20207118 TAX ACCOUNT NO.: 64303600701 YEAR BILLED PAID BALANCE 2006 $1,115.30 $0.00 $1,115.30 THE CURRENT LEVY CODE IS 170 AS TO PARCEL C. 4. LOCAL IMPROVEMENT ASSESSMENTS, IF ANY, LEVIED BY YELM; A REPORT OF WHICH WILL FOLLOW. 5. ALL COVENANTS, CONDITIONS, RESTRICTIONS, RESERVATIONS, EASEMENTS OR OTHER SERVITUDES, IF ANY, DISCLOSED BY THE RECORDED PLAT OF MCKENNA IRRIGATED TRACTS. RIGHTS OR BENEFITS, IF ANY, WHICH MAY BE DISCLOSED BY THE RECORDED DOCUMENT(S) ABOVE AFFECTING LAND OUTSIDE THE BOUNDARY DESCRIBED IN SCHEDULE A. 6. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: PURPOSE: CANALS, FLUMES AND LATERALS AND RELATED RIGHTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDING NO. 237999 (AFFECTS PARCEL C) 7. EASEMENT AND THE TERMS AND CONDITIONS THEREOF: GRANTEE: PUGET SOUND POWER AND LIGHT COMPANY PURPOSE: ELECTRIC TRANSMISSION AND/OR DISTRIBUTION LINES AND RELATED RIGHTS AREA AFFECTED: A PORTION OF SAID PREMISES RECORDED: DECEMBER 19, 1933 RECORDING NO.: 254235 (AFFECTS PARCELS A AND B) 8. STATEMENT OF RECORD IMPOSED BY INSTRUMENT RECORDED ON DECEMBER 22, 1998, UNDER RECORDING NO. 3199596. (AFFECTS PARCEL C) 9. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: YELM PROPERTY DEVELOPMENT LLC, A WASHINGTON LIMITED LIABILITY COMPANY TRUSTEE: TIMBERLAND SERVICE CORPORATION BENEFICIARY: TIMBERLAND BANK ORIGINAL AMOUNT: $1,350,000.00 DATED: APRIL 14, 2005 RECORDED: APRIL 14, 2005 RECORDING NO.: 3724202 10. MITIGATION AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED: DECEMBER 16, 2005 RECORDING NO.: 3794009 REGARDING: SCHOOL GROWTH MITIGATION COSTS Subdivision Guarantee (IIIIIII 3813771 GNT004 IIIIIII Page: 4 of 6 IIIIII IIIIIII IIIIIII IIIIII IIIIIII IIIIII 3,©9,z CITY OF YELM ©06 10.30A PC $37.A0 Tr,....~a__ .._ .. OrderNo20207118 11. LIEN CLAIMED BY WILSON CONCRETE CONSTRUCTION, INC.. AGAINST: YELM PROPERTY DEVELOPMENT, LLC FOR: LABOR AND MATERIALS AMOUNT: $14,635.50 RECORDED: JANUARY 6, 2006 RECORDING NO.: 3798912 AS TO PARCEL C 12. LIEN CLAIMED BY WILSON CONCRETE CONSTRUCTION, INC AGAINST: YELM PROPERTY DEVELOPMENT, LLC FOR: LABOR AND MATERIALS AMOUNT: $14,635.50 RECORDED: JANUARY 6, 2006 RECORDING NO.: 3798913 AS TO PARCEL A 13. LIEN CLAIMED BY WILSON CONCRETE CONSTRUCTION, INC.. AGAINST: YELM PROPERTY DEVELOPMENT, LLC FOR: LABOR AND MATERIALS AMOUNT: $14,635.50 RECORDED: JANUARY 6, 2006 RECORDING NO.: 3798914 AS TO PARCEL B 14. RIGHTS AND EASEMENTS OF THE PUBLIC FOR COMMERCE, NAVIGATION, RECREATION AND FISHERIES. 15. ANY RESTRICTIONS ON THE USE OF THE LAND RESULTING FROM THE RIGHTS OF THE PUBLIC OR RIPARIAN OWNERS TO USE ANY PORTION WHICH IS NOW, OR HAS BEEN, COVERED BY WATER. DW8 3813771 IIII p3 p9/20~6 f 10 : 3~A IIII III II IIII IIII III IIII III IIII Wa IIII Co IIII n III sto II r IIII Thu III 0 PC $37.0 CITY OF YELM Subdivision Guarantee Page 4 of 5 G NT004 Order No.: 20207118 EXHIBIT ~~A" PARCEL A: TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET; ALSO EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL B: THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET OF TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PORTION AS CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL C: LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORDS OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PART CONVEYED TO FLORINE BRADLEY BY DEED DATED FEBRUARY 16, 1945 AND RECORDED IN VOLUME 193 OF DEEDS, PAGE 639; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM FOR RIGHT OF WAY BY DEED RECORDED APRIL 23, 2003 UNDER RECORDING NO. 3524399; SITUATE IN THE CITY OF YELM, COUNTY OF THURSTON, STATE OF WASHINGTON. IIII 3813771 IIIIII III VIII IIII 03!0912006 f 0 30A IIIIIIIIIIIIIIIII IIIIIIIIIIIIIIII CITY OF YELM PC $37.00 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 Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakridge Subdivision 2. Yelm Property Development LLC 3. Balascio, Dennis M. Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Block 36 of McKenna Irrigated Tracts, Vol. 9, Pgs 43 & 44, 519, T17N, R2E Assessor's Property Tax ParceVAccount Number: 64303600701, 64303600700, 64303600800 IIIIII VIII IIIIIII IIII VIII VIII I 3813772 VIII III VIII IIII IIII 03 0912006 ~ D 30R CITY OF YELM AGR $34.00 Thurston Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Yelm Property Development L.L.C. (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Oak Ridge, 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 hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore,.TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. 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 3813772 IIIIIIII 03 09.!2006 10 30A III VIII IIIIIIIIIII IIIIIIIIIIII IIIIIIIII 1111111 CITY OF YELM pGR $34.00 Thurston Co. Wa. 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 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. r. STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this ~`~}~ day of JC'-~~~t~•cti~.~ , 20 ~ ~c ,before me, the undersigned, a Notary Public in and for the tate of Washington, duly commissioned and sworn, personally appeared ~~~~~~~ ~ ~?~c~\c;~;G~~ 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~~o~~'~x~~„ute the said instrument. Witness my hand and official seal hereto a~+k~d~,-~y ahd year first above written. ~ ~ ~~ ~~~~~~gGfOAr f~!.,. ` Given ond~ r~}~`~r"!d seal this ~~-t-~ day of 5r•c~~~..~•c~~~ , 20~~. =~'~"' %e- 9 -r? ~~'`~ Notary Public in and for the =, ~~•' (.`P~ ~:~~.~;~:,` State of Washington, residing in 1~~~~f~rrriiif''• ~F.1~n~ L~~A My commission expires: ~ ` ~ \ c~-1 II 3813772 IIII IIII II 03 09•/2006 f 0 30R I VIII IIIIII III I IIIIIIIIIIIIIII IIIIIIIIIIII CITY OF YELM AGR $34.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Oakridge Subdivision 2. Yelm Property Development LLC 3. Balascio, Dennis M. Grantee(s) (Last name, first name, middle initial) 1. The City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Block 36 of McKenna Irrigated Tracts, Vol. 9, Pgs 43 & 44, S19, T17N, R2E Assessor's Property Tax ParceUAccount Number: 64303600701,64303600700,64303600800 I illlll lllll lllllll IIII lil O ge :' 10of 3 II VIII IIIIII III Ilill IIII IIII 09 2006 10.308 CITY OF YELM MISC $34.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this 23rd day of May, 2005, by and between Yelm Property Development L.L.C., hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls, water lines and related appurtenances lying within the following described easement area: PARCEL A: TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL B: THE SOUTH 185 FEET OF THE NORTHEAST 589 FEET OF TRACT 8 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS, AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM BY DEED RECORDED MAY 28, 2003 UNDER RECORDING NO. 3535670; PARCEL C: LOT 7 IN BLOCK 36 OF MCKENNA IRRIGATED TRACTS,' AS PER PLAT RECORDED IN VOLUME 9 OF PLATS, PAGE 43, RECORD OF THURSTON COUNTY AUDITOR; EXCEPTING THEREFROM THAT PART CONVEYED TO FLORINS BRADELEY BY DEED DATED FEBRUARY 16, 1945 AND IIII 3813770 D- 1 I VIII IIII 03 09.12006 f 0 30R IIIIIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII IIII ..~~.. .,~ ..~~ M roTCC 434.00 Thurston Co . Wa . RECORDED IN VOLUME 193 OF DEEDS, PAGE 639; ALSO EXCEPTING THEREFROM THAT PORTION CONVEYED TO THE CITY OF YELM FOR RIGHT OF WAY DEED RECORDED APRIL 23, 2003 UNDER RECORDING NO. 3524399; IN WITNESS WHEREOF, said person has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this ~ ~ ~' day of .l4 -= 2006 (Signature) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the ~4t„ day of ~ ,~~ut-~~ ,.20 ~~~~, personally appeared before mew+~~~, S ~~ ,X,~~GSC~ ~` to rr}~` own,~o be the individual described in and whoexecuted with within and forege`i~• ~trs'.t`s~~nt and acknowledged that he signe the same as his free and vountatry pct a~'cfi~c~eed ~for.`the purposes herin mentioned. ~~lr~~ j~` ~ r - WITNES~~a~ hd°ahd~ official seal the day and year first-above written. ..~ , Ltd ~ ~ ~-~ %; ~'~= Notary Public in and for the '~r,;,,,,~: - State of Washington, residing in System accepted this day of , 20 City of Yelm By: Community Development Director 3813770 IIII IIII 03 09.12006 f 0 30A VIII IIIIIII IIIIIII IIIIII IIIIII IIIIIII IIIIII wa III on Co CITY OF YELM MISC $34.00 Thurst '/3 tai - ~+ Z.` ;. ~. ti. ~ ~ ~.. ~~9SHINGj~~+~ ff 0 ~im~A~~c~omaia~ ~slnDm~~t~s DoA-a m zrom>ySnlnc»r>vrn~~lc>s W fnCm2 ~Z~-r~.' ~>~ > x po 1A DDrI/~ 00t/IAm DCmpZ Am AD>vIA~ID Dnn~D ~~ Vpl O~mm>vf>')iO~pC>j 170n ~2m<m=;~minm~n~s2~~D~~020; ~A AfA ~ pZpNO~im ~IA~~N~ZmC OmD Or ZmA 2$~~Z000Z m r No ° mr~ir~pm n s o~A A zp2Fr~I S v~~ z 111 ~ o• ~ ~+~cmm>mvAC~pnil~i°o A O ~~ ~D~> D ~~Z-~ yn C m Ai ~'D m ~ ~ O °A ~ mr D OSOA ~O An ~O~~mm D 0 ~Ol p~ ~~~Im/1~0~~> iZNmAiA°U ~m~~~j mlAmz 20rtA O(n~H~mr2i;i;Z ~om ~ _~~ mv>iE ~G~fSIZ~v~i~~ZAZ-m ~m A~~Dtn Zt>i1ZZ~N RI F°~ o In m oo y s~I ~•(~-+ ~ > v>z'^~ -y1 N z mm Ao.yv mzvmim`~A ---{I r~_ tnm V r zr~ ~ ~-op N ~N~ ~O tli ~~opn 2-C m m D-iC m I ~~ m vl ~v ppot~i ?m n-~<.9~ ZO~n<p; 3 v ~~ mA~~~~O2ACy2Z O~An~ >2~»>Vl f~~~~mZDRIC'J Onm~m ~~~0~ ~ mz~ Cm ~• > timpp~A> ~mU~O~C Z D~~SZZ m 4 W ACm.ymC>pm< O Oymmf/1~>mmjp<S~ZmO~rziFmO~~AVI<Dm C° a p ~ Z~ O~IA X10 A~ NZ 1 < C'f A~ OVI ~ yAO A Z A m A- 2~ ~ 2~ O O l/l -i O~c.. 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