Final Application PacketCommunity Development Department
Page 1 of 3
Tami Merriman
From: Rynea Edwards [redwards@skillings.com]
Sent: Thursday, February 02, 2006 2:53 PM
To: Tami Merriman
Subject: FW: City of Yelm and SEPA compliance summary OAKRIDGE PLAT
From: Rynea Edwards [mailto:redwards@skillings.com]
Sent: Thursday, February 02, 2006 1:38 PM
To: TAMMYM@CI.YELM.WA.US'
Subject: City of Yelm and SEPA compliance summary OAKRIDGE PLAT
Community Development Department
City of Yelm
PO Box 479
Yelm, Washington 98597
To Whom It May Concern:
This letter summarizes how Yelm Property Development L.L.C. is meeting the conditions set forth by
the City of Yelm and the SEPA Mitigated Determination of Nonsignificance (MDNS issued November
2004).
Conditions set forth by the City of Yelm:
1. Placement of corner lot driveways, and hous ,
Lots 1 and 35: Driveways and h nts are facing their respective cul-de-sac.
Lot 7, 8, 15, 16, 27, an riveways and house fronts are facing Cascadian Ave. (see Final Platt
page 2 of 3).
,/2~ Frontage improvements to Middle Road have been constructed per Yelm Development Guidelines
(see as built drawings).
Streets internal to the subdivision have been constructed per the Yelm Development guidelines,
with bulb-outs along Cascadian Ave. (see as built drawings).
v4~Sidewalk connections have been constructed at the western entrances and at the future subdivision
entrance to the east.
Yelm Property Development L.L.C. will pay the Transportation Facility Charge ($757.50 per
dw Ming) at the issuance of their building permits.
The flood hazard zone area and the Shoreline jurisdiction are have been dedicated as open space,
flood zone protection is in place for construction (see Final Plat page 3 of 3, and Demolition and
TESC plan sheet).
Pedestrian access to the open space will be provided through Tract A Stormwater (see Final Plat
page 3 of 3)
2/2/2006
Community Development Department Page 2 of 3
City of Yelm has been provided an Access Easement to Yelm Creek (see Easement Provisions,
Final Plat page 1 of 3)
~. Yelm Property Development L.L.C. to coordinate with the City of Yelm on the 10 percent
administration fee to release the latecomer lien on the properties.
~Yelm Property Development L.L.C. will pay the connection and meter fees for the connecting into
the City of Yelm water system, established at the Issuance of their building permits.
JAY Cross connections meet the conditions set forth in WAC section 246-290-490 see that attached as-
/ built drawings.
~n irrigation meter and a DDVC have been installed on Cascadian Avenue at Station 16+67.54
2.4' RT
~3~elm Property Development L.L.C. will pay the connection fees for Connecting into the City of
Yelm S.T.E.P. system, established at the Issuance of their building permits.
~~l-4: The stormwater facilities have been designed to the 1992 DOE Stormwater Manual; Yelm
Property Development L.L.C. will use Best Management Practices during construction.
~ 5. Yelm Property Development L.L.C. has submitted a stormwater management plan to the City for
their review and approval.
~. Yelm Property Development L.L.C. shall use drywells to handle roof drain runoff.
I~Yelm Property Development L.L.C. shall include provisions for the assessment of fees against
individual lots in its' Home Owners Agreement.
Fire hydrant plan are included in the approved civil engineering plans.
19. Fire flow calculations were submitted with the civil engineering plans.
20. Lighting has been constructed per City of Yelm Development Guidelines (see as built drawings).
21. Yelm Property Development L.L.C. will provide an addressing map (see Final Plat page 2 of 3)
22. Yelm Property Development L.L.C. will comply with the conditions put forth in the MDNS
issued November 2, 2004 (see Conditions set forth in the Mitigated Determination of
Nonsignificance)
23. Yelm Property Development L.L.C. will provide a final landscaping and irrigation plan at the time
of building permit application.
24. Yelm Property Development L.L.C. will provide a performance assurance bond for 150 percent of
the anticipated cost of maintaining the landscaping for 3 years.
Conditions set forth in the SEPA Mitigated Determination of Nonsignificance, Not already address by
the meeting of the City of Yelm Conditions above:
1. Yelm Property Development L.L.C. has connected streets internal to the subdivision to existing
2/2/2006
Community Development Department Page 3 of 3
residential subdivision to the west and to the future property to the east.
2. Yelm Property Development L.L.C. has entered into an agreement with Yelm Community
Schools to mitigate the project impacts on the school district. This agreement is stated on sheet 1
of the plat
This concludes the summary of measures that have been and will be taken by Yelm Property
Development L.L.C. to comply with the Conditions set forth by the City of Yelm and the SEPA
Mitigated Determination of Nonsignificance.
Skillings Connolly
5016 Lacey Boulevard S.E.
Lacey, Washington 98503
2/2/2006
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Transmittal Appli- Full 11 x Storm Lot Title Full Size
Letter cation Size 17 Drain Closures Report Addressing
Map Map Report Map
submitted
prior to
a lication
Thurston Co. 1-special 1 1 1 1
Assessor
City 1 1 1
Administrator
Shell Bad er
' Yelm Police 1 1 1
Chief (Todd ---
Stancil
Yelm Building 1 1 1
Official (Gary
Carlson
Thurston Co. 2 2 2
Fire De t. - 2
YCOM Networks 1 1 1
Puget Sound 1 1 1
Ener
City Engineer 1 1 2 1
Jim Gibson
CDD Planning 1 1 1 X X X
Tech (Tami Photo copy
Merriman of all does
CDD Director 1 1 1
Grant Beck
Thurston Co. 2'
Communications I
Ca Com -
Yelm 1 1 1
Community
Schools
LeMa Inc. 1 1 1
ble 1 1 1
Yelm Post Office 1 1 1
Yelm Chamber 1 1 1
of Commerce
Yelm Public 1 1 1
Works Tim
City Reviewing 1-special 1 2 2 1
Surve or
File on final on final 1 on final on final on final on final 1
Total 2 special, 21 8 16 2 4 3 4
19 re ular
Transmittal Letter -one special for Surveyor, one special for Assessor -listing what we're sending.
Then one for everyone else just saying "enclosed is project information."
R:\Forms & Procedures\Final Plat\Distribution of Items submitted with final plat.doc
Page 1 of 1
YELM CHAMBER OF COMMERCE YELM POST OFFICE E. TRUE AND ASSOCIATES
PO BOX 444 POSTMASTER PO BOX 908
YELM WA 98597 YELM, WA 98597
SHELLY BADGER GRANT BECK KEN BECKMAN
CITY OF YELM CITY OF YELM COMMUNITY YCOM NETWORKS
PO BOX 479 DEVELOPMENT PO BOX 593
YELM WA 97597 PO BOX 479 YELM WA 98597
YELM WA 97597
ERLING BIRKLAND GARY CARLSON JIM GIBBON
YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY CITY OF YELM COMMUNITY
PO BOX 476 DEVELOPMENT DEVELOPMENT
YELM WA 98597 PO BOX 479 PO BOX 479
YELM WA 98597 YELM WA 97597
CHIEF RITA HUTCHESON CHIEF MARK KING TAMI MERRIMAN
THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 CITY OF YELM COMMUNITY
PO BOX 777 PO BOX 777 DEVELOPMENT
YELM WA 98597 YELM WA 98597 PO BOX 479
YELM WA 97597
LYNN PEARL TIM PETERSON SARAH SCHAMME
THURSTON CO ASSESSOR'S OFC CITY OF YELM PUBLIC WORKS LEMAY, INC. (or Dick Rehn)
2000 LAKERIDGE DRIVE SW BLDG 1 13502 PACIFIC AVENUE
OLYMPIA WA 98502 TACOMA WA 984440459
TODD STANCIL GLEN THARP AMY TOUSLEY
CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY PUGET SOUND ENERGY
COMMUNICATIONS 2711 PACIFIC AVENUE SE
2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501
OLYMPIA WA 98501
Thursday, February 02, 2006 Final Plat App
CF ?HE p•Q~
9~
~~ ~~
YELM
WASHINGTON
To: Interested Parties
Company:
Address:
City, St Zip
Items transmitted for:
® Review and comment
^ As Requested
City of Yelm
105 Yelm Avenue West
P.O. Box 479
Yelm, Washington 98597
(360) 458-3244
Transmittal Letter
Date: February 2, 2006
Re: Oakrid~e
File No: SI1I3-04-0148-YL
Name: Yelm Property
Development
^ For your records
^ Other
Enclosed please find project information for Case Number SU13-04-0148-YL, Oakridge, fora 44
lot subdivision on 11.86 acres' Please review and submit comments to the City of Yelm,
Community Development Department, on or before February 15, 2006.
Remarks:
Signed: Roberta Allen
Community Development Administrative Assistant
The City of Yelm is an Equal Opportunity Provider
Transmittal Letter
To: Assessor's Office
Date: February 2, 2006
Company: Thurston County Re: Oakridge
Address: 2000 Lakeridge Drive SW, Bldg. 1 File No: SUB-04-0148-YL
City, St Zip: Olvmnia, WA 98502
Name: Yelm Property
Development
Items transmitted for:
® Review and comment
^ As Requested
^ For your records
^ Other
Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case
Number SUB-04-0148-YL, Oakridge, fora 44 lot single family subdivision on 11.86 acres.
Please review and submit comments to the City of Yelm, Community Development Department,
on or before February 15, 2006.
Remarks:
Signed: Roberta Allen
Community Development Administrative Assistant
Transmittal Letter
To: Eddie True
Company: E. True & Associates
Address: PO Box 908
City, St Zip: Yelm, WA 98597
Date: February 2, 2006
Re: Oakridge
File No: SUB-04-0148-YL
Name: Yelm Property
Development
Items transmitted for:
® Review and comment
^ As Requested
^ For your records
^ Other
Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat
maps for Case Number SUB-04-0148-YL, Oakridge, fora 44 lot single family subdivision on
11.86 acres. Please review and submit comments to the City of Yelm, Community Development
Department, on or before February 15, 2006.
Remarks:
Signed: Roberta Allen
Community Development Administrative Assistant
FINAL PLAT APPLICATION PROCESS
ADDRESSING/PUNCHLIST
Applicant submits 3 copies of addressing maps for Gary.
Create a Manila File Folder for ALL Final Plat documents in order to keep them
separate from all the Preliminary Plat Application documents (same Case #).
Applicant submits Final Punch List Application. Roberta immediately routes to
Jim, Grant and Tami -the same day. Check with Gary to make sure he has
already gotten the addressing going.
One punch list letter will come from Jim, with Grant's and Tami's comments
included.
Once corrections are made and inspected, applicant submits Final Plat
Application -this requires an appointment so that Grant/Tami can make sure
applicant has included all necessary documentation.
FINAL PLAT APPLICATION
When the Final Plat application is received, create the Memo (see sample). Ask
for comments within 2 weeks.
See Distribution List for who gets what, of the standard items.
Use Final Plat App Mail List for labels of who to send notification of the
Application for Final Plat. (Use Final Plat Recorded Mail List for labels once the
Final Plat is recorded.)
Other items get distributed as follows:
School Mitigation Agreement: Planning (Tami)
Bill of Sale: Planning (Tami)
Stormwater Maintenance Agreement: Planning (Tami), and Engnrg (Jim)
Homeowners Association Documents: Planning (Tami), and Dir. (Grant)
Articles of Incorporation
By-Laws
CC&R's
Title Report (Plat Certificate): Surveyor, Assessor's Office, Planning
Lot Closures: 2 sets to Surveyor, 1 set to Assessor
R:\Forms & Procedures\Final Plat\Final Plat Application Process.doc
o~ FT"EPq~ CITY OF
YELM
P.O. Box 479
Yelm, WA 98597
360-458-8403
RECEIVED ****SEVEN HUNDRED FIFTY DOLLARS & 00 CENTS
RECEIVED FROM DATE REC. N0.
YELM PROPERTY DEVELOPMENT 02/02/06 40615
16422 SE RIDDLE ST
YELH WA 98597 BUDGETARY
458-0544
JANINE
RECEIPT No. 4 0 61 ~5
AMOUNT REF. NO.
750.00 CHECK 6093
DUD-YJ9-~O1Y0-1L
OAKRIDGE
Tacoma Pump & Drilling C'o., Inc. ~~~
P. ~. Box 5371 ~~B~ ~,i~
Spar~away, WA 98387 1~a~
(253} 847-9352 Fax (253) 847-9623
Voice: Emaih. tpd@mashell.eom
Fax:
Statement
Statement Date:
Mar 15, 2005
Customer Account ID:
Yelm Properties
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Date Due Date ~ Reference
Paid Description
Amount ~,
Balance ~,
3/15/05 %20/05 ,9364 'Well Abandon. 6 2.,306.00,
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Pump Hoist Hour ly 440.00- 2,740.00.
We li Abandon . 1 0 ' ~ 2 , 88 0 . 0 r)~, 5 , 62.0 . 0 D~.
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Saps Tax_
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After recording return to:
Yelm Community Schools District No. 2
P. O. Box 476
Yelm, WA 98597
Attn: Erling M. Birkland
MITIGATION AGREEMENT
Reference No: SUB-04-048-YL
Grantor: 1. Yelm Property Development
PO BOX 2950
Yelm, WA 98597
Grantee: 1. Yelm Community Schools Dist. 2
Legal Description: Sec 19, T 17N, R2E; 21709 - 96`h Avenue W
Assessor's Property Tax Parcel Number/Account Number: 64303600800, 64303600801,
64303600701
THIS MITIGATION AGREEMENT ("Agreement") is made this of ~, 2005,
between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District")
and Yelm Property Development (the "Developer")
RECITALS
A. The Developer has submitted an application to City of Yelm for the construction of a
441ot subdivision "Oak Ridge" near Yelm, Wash. (the "Project"). The Project is located on property that
lies within District boundaries, more particularly described on Exhibit A, attached hereto and
incorporated herein by reference.
B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides
processes and procedures whereby major actions by state and local agencies, including, but not limited
to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature
and extent of their impact on the environment. Impacts on public services, including schools, are
environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse
environmental impacts.
C. The District's student population and growth projections indicate that the Project will
have an impact on the District, when cumulative impacts of other projects are considered.
D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the
Developer for payment to mitigate the impact of the Developer's Project.
IIIIIIIVIII 3794009
IIIIIIIIIIII Page: 1 of 4
IIIIIIIIIIII
IIIIIIIII
illlllllll 12!16/2.
YELM COMMUNITY SCHOOLS AGR DD5 11.08A
$35.00 Thurston Co. Wa
E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that
the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation
measures where appropriate.
F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the
Project on the District.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and
covenants below, the District and the Developer agree as follows:
1. The Developer acknowledges and agrees that there is a direct impact on the District as a
result of the Developer's Project and that this Agreement is necessary as a result of that impact.
2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the
Project, the Developer has offered to pay the District the following sum of money: Two Thousand One
Hundred Forty Dollars and no/100 ($2,140.00) for each lot in the subdivision er the total sum of Ninety-
Four Thousand One Hundred Sixty Dollars and no/100 ($94,160.00) (the "Mitigation Payment") for the
44 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to
paragraph 4 below.
3. Any extension, renewal, modification or amendment to the Project that results in an
adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation
Payment.
4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of
Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) per dwelling unit or Ninety-Four
Thousand One Hundred Sixty Dollars and no/100 ($94,160.00)) for the project, shall be a condition of
building permit issuance for each single family dwelling in the project. If building permit issuance does
not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated
in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation
agreement to which the District is a party. A copy of such agreement shall be made available to
Developer upon request.
5. The District agrees to record this Agreement after it has been executed by the parties.
6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be
used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie
Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond
Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may
be affected by the Project and/or the purchase of portable facilities and/or school buses.
7. The Developer agrees that the District has five (5) years from the payment date to spend
the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the
event that the Mitigation Payment is not expended within those five years, the moneys will be refunded
with interest at the rate applied to judgments to the property owners of record at the time of refund;
however, if the Mitigation Payment is not expended within five years due to delay which is attributable
to the Developer, the Payment shall be refunded without interest.
8. The Developer waives and relinquishes its right to protest or challenge the payment of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever
refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or
challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds,
performance or improvements provided for therein, or any of its terms and conditions, on any ground or
basis whatsoever.
9. The District hereby waives any objection to the Project as presently proposed.
10. The District and the Developer agree that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently proposed on the District.
IIII IIII P2 /9 6 /02005 f 14088
i IIIIIIIIIIIVIIIIIIVIII
IIIIII Ilill IIIIII III
YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors, and assigns of both of the Developer and the District.
12. If an action must be brought to enforce the terms of this Agreement, such action shall be
brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs
and reasonable attorneys' fees.
13. This Agreement constitutes the entire agreement between the parties and any other
agreement either written or oral shall be null and void.
EXHIBIT A
LEGAL DESCRIPTION
General Location: 21709 - 96`t' Avenue W
Section 19 Township 17N Range 2E
Land Area: 11.86 Acres
Tax Parcel Number: 64303600800, 64303600801, 64303600701
YELM COMMUNITY SCHOOLS DISTRICT NO. 2
IATE): ~-
By: Alan Burke
Its Superintendent
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community
Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
GIVEN under my hand and official seal this , 2005
~.`k~eo aa~ ~ ~ ! k - -
`ca"~EN'SAC~~``rr" N TA U LIC m and or the State of
4`:.•~~~XP~R,~~P-., "", tngton, residing at
.~ ~` Q.'1 •. ~ "~. My Commission Expires:
Z~` ®~~ c~
~'"ray ~ ,,..6'~ .~V~r? 3794009
~~~~~~~~~ ~~~~~~~~~~ ~ ~~~~~~ ~~~~~ ~~~~~~ ~~~~~~ ~~~ ~~~~~~~ ~~~~~ ~~) ~~~~~ ~~~~ ~~~~ 1~2/~1612005 f 14088
YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
DATED: / ~-~9.~05
STATE OF WASHINGTON )
)SS
COUNTY OF 1~'S'~ )
By: Dennis Balascio
Its: Developer
I certify that I know or have satisfactory evidence that~cyt~S (~i4asc~ is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
GNEN under my hand and official seal this tea'` day of '~~-e.w~V~ el , 2QQ5
T..r ......................••~ UZL~~~'VV ~-
MARIA C. MEYER ~ NOTARY PUBLIC in and fort State of
~ NOTARY PUBLIC ~ Washington, residing at~"iTiw~s~1 C.fl
SLATE OF WASHIN(~iTON ~ My Commission Expires: _~ - a~ O~ _
~ My CornmNslod Expirl~f Msr 28.2007 ~
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IIII IIII P2/916./2005 ~ 1408A
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YELM COMMUNITY SCHOOLS RGR $35.00 Thurston Co. Wa.
--
• 3905 Martin Way East, Suite A
L~ndAr~~rt Olympia, Washington 98506
Transnat~an 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
Transnatioa itle Insurance Company
By
fhori /~Si ture~
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Subdivision Guarantee Page 1 of 5
G NT004
SCHEDULE A
1. Name of Assured:
Order No.: 20207118
Skillings-Connolly, Inc.
2. Date of Guarantee:
January 17, 2006
3. The assurances referred to on the face page hereof are:
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)
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 Page 3 of 5
GNT004
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
Subdivision Guarantee Page 4 of 5
GNT004
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.
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Except to the extent that specffic assurances are provided In Schedule A of this
Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title,
whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or
assessments on real property; or, (2) Proceedings by a public agency which may
result in taxes or assessments, or notices of such proceedings, whether or not
the matters excluded under (1) or (2) are shown by the records of the taxing
authority or by the public records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Ads
authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
Notwithstanding any speck assurances which are provided in Schedule A of
this Guarantee, the Company assumes no liability for loss or damage by reason
of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title
to any property beyond the lines of the land expressly described in the
description set forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to
streets, roads, avenues, lanes, ways or waterways to which such land abuts, or
the right to maintain therein vaults, tunnels, ramps or any structure or
improvements, or any rights or easements therein, unless such property, rights or
easements are expressly and specifically set forth in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not
shown by the public records; (1) which are created, suffered, assumed or agreed
to by one or more of the Assureds; (2) which result in no loss to the Assured; or
(3) which do not result in the invalidity or potential invalidity of any Judicial or
non-judicial proceeding which is within the scope and purpose of the assurances
provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this
Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or on
a supplemental writing executed by the Company.
(b) "land": the land described or refered to in Schedule (A), (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term
"land" does not include any property beyond the lines of the area described or
referred to in Schedule (A), (C) or in Part 2. nor any right, title, interest, estate or
easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed. or other security instrument.
(d) "public records": records established under state statutes at Date of Guarantee
for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall come
to an Assured hereunder of any claim of title or interest which is adverse to the title to
the estate or interest, as stated herein, and which might cause loss or damage for which
the Company may be liable by virtue of this Guarantee. ff prompt notice shall not be
given to the Company, then all liability of the Company shall terminate with regard to the
matter or matters for which prompt notice is required; provided, however, that failure to
notify the Company shall in no case prejudice the rights of any Assured under this
Guarantee unless the Company shall be prejudiced by the failure and then only to the
extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such action
or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to
Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in Paragraph
3 above:
(a) The Company shall have the right, al its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to
do any other act which in its opinion may be necessary or desirable to establish
the title to the estate or interest as stated herein, or to establish the lien rights of
the Assured, or to prevent or reduce loss or damage to the Assured. The
Company may take any appropriate action under the terms of this Guarantee,
whether or not it shall be liable hereunder, and shall not thereby concede liability
or waive any provision of this Guarantee. If the Company shall exercise its rights
under this paragraph, it shall do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to represent the Assured and
shall not be liable for and will not pay the fees of any other counsel, nor will the
Company pay any fees, costs or expenses incurred by an Assured in the defense
of those causes of action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as
permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or
order.
(d) in all cases where this Guarantee permits the Company to prosecute or provide
for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of such Assured for this purpose. Whenever requested by the
Company, an Assured, at the Company's expense, shall give the Company all
reasonable aid in any action or proceeding, securing evidence, obtaining
witnesses, prosecuting or defending the action or lawful act which in the opinion
of the Company may be necessary or desirable to establish the title to the estate
or interest as stated herein, or to establish the lien rights of the Assured. K the
Company is prejudiced by the failure of the Assured to furnish the required
cooperation, the Company's obligations to the Assured under the Guarantee
shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed and
sworn to by the Assured shall be furnished to the Company within ninety (90) days after
the Assured shall ascertain the fads giving rise to the loss or damage. The proof of
Toss or damage shall describe the matters covered by this Guarantee which constitute
the basis of loss or damage and shall state, to the extent possible, the basis of
calculating the amount of the loss or damage. If the Company is prejudiced by the
failure of the Assured to provide the required proof of loss or damage, the Company's
obligation to such assured under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to examination under oath by any
authorized representative of the Company and shall produce for examination, inspection
and copying, at such reasonable times and places as may be designated by any
authorized representative of the Company, all records, books, ledgers. checks,
correspondence and memoranda, whether bearing a date before or after Date of
Guarantee, which reasonably pertain to the loss or damage. Further, if requested by
any authorized representative of the Company, the Assured shall grant its permission,
in writing, for any authodzed representative of the Company to examine, inspect and
copy all records, books, ledgers, checks, correspondence and memoranda in the
custody or contrd of a third party, which reasonably pertain to the loss or damage. All
information designated as confidential by the Assured provided to the Company
pursuant to this Section shall not be disclosed to others unless, in the reasonable
judgment of the Company, it is necessary in the administration of the claim. Failure of
the Assured to submit for examination under oath, produce other reasonably requested
information or grant permission to secure reasonably necessary information from third
parties as required in the above paragraph, unless prohibited by law or governmental
regulation, shall terminate any liability of the Company under this Guarantee to the
Assured for that claim.
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the
name of the Assured any claim which could result in loss to the Assured within
the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if
this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder,
the Company shall have the option to purchase the indebtedness secured by
said mortgage or said lien for the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the Assured claimant which
were authorized by the Company up to the time of purchase. Such purchase,
payment or tender of payment of the full amount of the Guarantee shall terminate
all liability of the Company hereunder. In the event after notice of claim has been
given to the Company by the Assured the Company offers to purchase said
indebtedness, the owner of such indebtedness shall Vansfer and assign said
indebtedness, together with any collateral security, to the Company upon
payment of the purchase price. Upon the exercise by the Company of the option
provided for in Paragraph (a) the Company's obligation to the Assured under this
Guarantee for the claimed loss or damage, other than to make the payment
required in that paragraph, shalt terminate, including any obligation to continue
the defense or prosecution of any litigation for which the Company has exercised
its options under Paragraph 4, and the Guarantee shall be surrendered to the
Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured
claimant any claim assured against under this Guarantee, together with any
costs, attorneys' fees and expenses incurred by the Assured claimant which were
authorized by the Company up to the time of payment and which the Company is
obligated to pay. Upon the exercise by the Company of the option provided for in
Paragraph (b) the Company's obligation to the Assured under this Guarantee for
the claimed loss or damage, other than to make the payment required in that
paragraph shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options
under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee. The liability of the Company under this Guarantee to the Assured shall not
exceed the least of:
(a) the amount of liability slated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions
and Stipulations or as reduced under Section 9 of these Conditions and
Stipulations, al the time the loss or damage assured against by this Guarantee
occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the
completion of any appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage caused
thereby.
CLTA Guarantee Conditions and Stipulations (Revised 12/15/95)
CONDITIONS AND STIPULATIONS CONTINUED
(b) In the event of any litigation by the Company or with the Companys consent, the
Company shall have no liability for loss or damage until there has been a Final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the prior
written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro Canto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement of
the payment unless the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be fumished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a Gaim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any ad of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the name
of the Assured in any Vansaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of collection.
12. Abitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any conVOVersy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach of
a Guarantee provision or other obligation. All arbitrable matters when the Amount of
Liability is $1.000,000 or less shall be arbitrated at the option of either the Company or
the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000.000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction
thereof.
The law of the silus of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules. A copy of the Rules may be obtained from the Company upon
request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall
be construed as a whole'
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or
authorized signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be fumished the Company shall include the number of this Guarantee and shall be
addressed to: Consumer Affairs Department, P.O. Box 27567, Richmond, Virginia
23261-7567.
CLTA Guarantee Conditions and Stipulations (Revised 12/15/95)
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CONNOLLY
5015 Lacey Boulevard SE, Lacey, Washington 98503
(360} 491-3389 (8041454-7545 Fax (360) 491-3857
www.skitlings.com
LETTER OF TRANSMITTAL
To: City of Yelm
Date: 01 /27/06
Project Number: 04017
Re: Oakridge Subdivision
Received
JAN 2 7 2006
WE ARE SENDING YOU THE FOLLOWING ITEMS:
COPIES DATE DESCRIPTION
1 1-27-06 Warrant A reement for all Im rovements
1 1-27-06 Bill of Sale water and sewer
1 1-27-06 Stormwater Maintenance A reement
1 1-27-06 Summa of Cit Council and SEPA miti ation com liance
1 1-27-06 As-Builts
THESE ARE TRANSMITTED ^For your ^For action ^For review ®For your use ^ As requested
information specified below and comment
REMARKS:
The Home Owners Agreement, Documentation of Well/Septic/Drainfield Abandonm?nt and School
Mitigation Agreement to be provided by Dennis Balascio. The City fee to be determined paid by Dennis
Balascio.
Copies to: Signed:
File
If enclosures are not as noted, kindly notify us at once.
City of Yelm
~j''" ~\'"~,~ Community Development
Department
~~* ,,: ,. FINAL PLAT APPLICATION
E LM row
Fee: $750.00
jln addition, anv Drofessional service charges
per Resolution #358)
APPOINTMENT REQUIRED FOR APPLICATION SUBMITTAL -Please call 458-3835
Subdivision Name~K C' ~~ ~~~
Case # and Name of Preliminary Plat Approval ~ ~ a `~`~ '~' d `-~"' 0 4 ~ ~ "" 1 L-
~-y~
~~~~
~4y~~ /LF4
'~,t'
Tax Parcel Number(s) l0 y-~J~j COC'?(~ ~TC~`~~~~'~ ~~ ~ ~~~ ~ ~ ` =, ~?~ ~~~
SUBDIVIDER SURVEYOR
y P1 ~P~~ ~~.~~y . r r .~ . -fi ~,.,'~.~~t~~; ~:~ ~k~tL, ~~~ ~a~-- n~ icy
N e
Adtlr ss.
`'~~1m~~~ ~R~~
Name
~~~ U,~T .~ s~
Address
Phone Fax
Phone Fax
E-mail E-Mail
PROPERTY OWNERS ENGINEER
~m~ ~s ~xsU-~ ~~n ~mc~nn t~1,j~ `- ~ roJs ~~ ~~o~l~
Name Name
Address Address
~r~r-~»>>~ 1- 33~i,~
Phone Fax Phone Fax
E-mail E-Mail
LAND USE BREAKDOWN (Calculate to the Nearest Hundredth)
Total Acreage _ i ~ + n(D IdtG
Number of Single Family Residential Lots ~~
Number of Commercial Lots
Smallest Lot Area ~4-59Qe~~F
Total Acreage in Open Space ,
'~ }1~
Length in Public Streets i
~~ •rJ ` ~~'
Length in Private Streets "~-
Number of Multifamily Residential Lots
Number of Industrial Lots '~-~
Average Lot Area 5~
Fee in Lieu of Open Space ~""
Total Acreage in Public Streets ~ .Z.~ f~C-
Total Acreage in Private Streets ..__
All of the information on the reverse side of this application is required to be filed at the time of final plat
submittal unless a written waiver from the planner or engineer accompanies the application. After this
office has received written acknowledgment from all departments required to sign the plat, the legislative
body will be so advised and a date for a public meeting will be set for their consideration.
705 Yelm Avenue West
PO Box 479
Yelm, WA 98597
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us