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Final Recorded Documents
u~ ~rHE City of Yelm Community Development Department ~ P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: October 10, 2005 Re: SUB-04-0218-YL, Burnett Estates Final Plat Enclosed please find the final recorded documents for Case Number SUB-04-0218-YL, Burnett Estates, an 18 single family lot subdivision, on Burnett Road SE and 89~' Avenue (and Way) SE. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\04-0218 Burnett Estates Prelim & Final\Final Plat\dist final plat memo.doc YELM CHAMBER OF COMMERCE YELM POST OFFICE DOUG BLOOM PO BOX 444 POSTMASTER RAINIER GENERAL DEVELOPMENT PO BOX 627 YELM WA 98597 RAINIER, WA 98576 APPLICANT'S CHITECT CHRIS MERRITT OWNE OLYMPIC ENGINEERING 1252 DEVON LOOP NE OLYMPIA, WA 98506 SHELLY BADGER BARB BANGE KEN BECKMAN CITY OF YELM CITY OF YELM ACCOUNTING YCOM NETWORKS PO BOX 479 DEPARTMENT PO BOX 593 YELM WA 97597 PO BOX 479 YELM WA 98597 YELM WA 98597 ERLING BIRKLAND GARY CARLSON CODY EVANS YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY c/o UPS PO BOX 476 DEVELOPMENT 7383 NEW MARKET STREET SE YELM WA 98597 PO BOX 479 TUMWATER WA 98501 YELM WA 98597 JIM GIBBON CHIEF RITA HUTCHESON CHIEF MARK KING CITY OF YELM COMMUNITY THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 DEVELOPMENT PO BOX 777 PO BOX 777 PO BOX 479 YELM WA 98597 YELM WA 98597 YELM WA 97597 BARRY LOMBARD STEPHANIE RAY SARAH SCHAMME PUGET SOUND ENERGY CITY OF YELM PUBLIC WORKS LEMAY, INC. (or Dick Rehn) 3130 SOUTH 38TH STREET 13502 PACIFIC AVENUE TACOMA WA 984095615 TACOMA WA 984440459 TODD STANCIL CITY OF YELM POLICE DEPARTMENT GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 Monday, October 10, 2005 Final Plat Recorded ~Iat ~3~~Ig9g'~3 i A o ~ ~°mci~ ° -yi ° orSf 6~~~'~'v'1$z°~, ~i~~,.l i~~ $ol~' Z>in $C~~i~~yio°iA~vf~ s~ o ~ (m(nn ~~~A~ g ~ ~ z2 ~>~~c~~i~ ZZ> 1L > > ~f-~l~l+11v ~~'zVi~^~y°'~~dgy$yAI^ pnp oa c ~ ° < y z~ZQ ~ p VI Z O~°~ C3~~~~ ~~ ~~z~2~Q1 p1/~~'IA2~~~0 yy~~ A tCiJ~ tAil ~ > ; °°~O~ ~ ~ ~;/1 ~~>OC 'y /'1 /gO1+1 2~/Y! 2C~1 n1 '~~ O O -1 ° ~1r o ~ m ~ o>zo $ i (,, 'gym o'^y~C~o~~v~i~ z'°z $y~~~~ ~zo~~c>iir°a~>$~r-; ~ ~^ °'° z ~ i f`z°~ A ~ z y ~~ ~o~oz~~y ~,-. ~~c~s~ >> rzy cz zrn ~i ~ ° c>> c° s c ~ c 1n -. y A {>1~~11 c~~ n~'zA~i sm~r >>z~~ >~ a oC ~I X 2 O -y>~z~ y Z Iv ~ ~~ Z~A~ ^~~~p2n2 1~1 ~_~ °~1'IS O> Z>mr¢~I~A~ y(~/~O~> ~ ~> < ~ V ~ > ~°'[ ~ -OI ^^ ~ yA> ~~~ 12~'<~ ~ y y~Xn1 `C ~, !~)y;m ~ CA -~1 ~i A 2 2 A~-Ijyi ~ $ `J ~ H tn~f5~ln On r.~>L^~ ~i~ >~~yl ~ 2nmciZ~rrr~~~Z ~~>~A~1 ^~1>n ~ y 2~j '( O:~Sf m O O °OA> ~ H~ zy~ yf~ri2~r.122,C ~. m y~A~>> fO.~p~~v~ ~Z~c~i~~r~l ~ -~ ~r ~ '~J O ib ~ `>'mmv~ ~-v.. 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A I to $I ~ J29.4J J2s.u~ la ~ I 656.97 v ~ ~ ~ I ~ I I ~s o1~eor w ~ ~ $I~ I N • I' I • IJI6.16_ ^' -63D.08 * J2y.3{ ImJ291H I` ~~g~- sm~9~e'wz6J6.J2 6saoe ------5-°~'-~~.~ w -------~~N ~. ~'•~~ ~ I ~~~~~+ I I ~~ ~ o ~ I ~~~Q~~ I 3 I ~~'^~R~4 I I ~ ~ i 4 1 H~'oyg NI -1 ~ f ~b ~~ I ~ ~ ~ I ~i ~ ~ ~~~ 1 } $ I~ I S I ,~ ~3>E ; I ~~~w I I ~~~~ N~~~~ o I ~~ n o' sm7~'~o-w ---- ------------- _J --- b O O n O W O b 0 x O O y `~ O O ~a x ~y O~ Fir O n ~~~~II ~yi O W oy xy y 'U y rL ~~y o ~a ~~ ~~y vl ` -. O~ ~~ iv ~+ w 2 w j 9 >O eturn Address ity of Yelm ami Merriman 0 Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee 2. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Bloom, Douglas R 3. Burnett Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the SW '/4 of Section 13, Township 17N, Range 1 E, WM, parcel 1 of Large Lot Subdivision No. LL-0437 Assessor's Property Tax ParceVAccount Number: 21713310000 VIII) VIII I Page1897of 4 IIIIIIIIIIIIIII 111111 VIII III 0913©/ VIII IIII II 20051© 3 II 2R RAINIER GENERAL DEVELOP MISC $35.00 Thurston Co. Wa. SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 135893 G-1103-6690 August 6, 2005 at $1,000.00 8:00 a.m. Name of Assured: MUSTANG DEVELOPMENT, LLC, a Washington limited liability company The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart fol-owing described real property: Parcel 1 of Large Lot Subdivision No. LL-0437, as recorded August 6, 1987 under Auditor's File No. 8708060055. Title to said real property is vested in: MUSTANG DEVELOPMENT, LLC, a Washington limited liability company Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority. EXCEPTIONS: 1. General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water. 3. Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Additional Exceptions: Subdivision Guarantee Page 1 I IIII 3771897 (IIII III VIII III 09 3 ©! 2005 f 0 : 32R IIIIIIIIIIIIIII IIIIIIIIIIIIIIIIII RAINIER GENERAL DEVELOP MISC $35.00 Thurston Ca. Wa. SCHEDULE A (Continued) File Number: 135893 Policy Number: G-1103-6690 4. Deed of Trust dated November 2, 2004, recorded November 4, 2004 under File No. 3685820, to secure an indebtedness of $100,000.00; and any interest, advances or other obligations secured thereby; Grantor: Mustang Development LLC, a Washington limited liability company Trustee: Thurston County Title Company Beneficiary: Marlyn R. Johnson and Darlene L. Johnson, husband and wife 5. Declaration of Large Lot Subdivision and Covenants; Recorded: August 6, 1987 File No.: 8708060055 (Copy is hereto attached) 6. Conditions of Approval shown on the face of the plat, as follows: a) This Large Lot Subdivision has been reviewed and approved for individual wells. Any future development, construction or subdivision will require compliance with all applicable county ordinances, including, but not limited to: zoning, Health Department regulations, development standards and subdivision requirements. 7. Easement orquasi-easement, including the terms, covenants and provisions thereof, as granted by instrument; Recorded: April 21, 1994 File No.: 9404210272 In favor of : County of Thurston, State of Washington For: The right to make necessary slopes for cuts or fills upon that portion of said premises abutting Burnett Rd 8. Terms and conditions of instrument recorded August 8, 1996 under File No. 3045355, regarding proper operation and maintenance of the on-site sewage disposal system. 9. Mitigation Agreement by and between Rainier General Development, Inc. and Yelm Community Schools District No. 2 as recorded January 12, 2005 under Auditor's File No. 3702197. End of Schedule B Exceptions. NOTES: a) At the request of the assured the following information is provided: Last half of general taxes for 2005 in the sum of $1,307.66. Tax Account No. 217-13-310000. (Area Code 182/Excise Tax Rate 1.78%) Subdivision Guarantee Page 2 I VIII IIII IIII 09135182~D5 f © 32A III IIIIII IIII IIIIII IIIIII VIII II IIIlilll RAINIER GENERAL DEVELOP MISC $35.00 Thurston Co. Wa. SCHEDULE A (Continued) File Number: 135893 Policy Number: G-1103-6690 b) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65.04.045, pertaining to standardization of recorded documents. Abbreviated Legal Description: Lot 1 LL-0437 s/i JC/am Subdivision Guarantee Page 3 3771897 III IIII IIII X93 ©.!2©05 f © 32A IIIIIIIIIIII IIIIIIIIIIIII IIIIIIIIIIII 1111111 RAINIER GENERAL DEVELOP MISC $35.00 Thurston Co. Wa. .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development, LLC 2. Bloom, Douglas R 3. Burnett Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the S W '/4 of Section 13, Township 17N, Range 1 E, WM, parcel 1 of Large Lot Subdivision No. LL-0437 Assessor's Property Tax ParceVAccount Number: 21713310000 IIIIII VIII IIIIII IIII IIIIII IIIIII VIII III VIII IIII IIII 09130182005 f 0:328 RAINIER GENERAL DEVELOP AGR $38.00 Thurston Co. Wa. AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN HOMEOWNERS OF BURNETT ESTATES THEIR, SUCCESSORS OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities and drainage facilities as delineated on the plat of BURNETT ESTATES, records of Thurston County, and in the MAINTENANCE PLAN, Instructions For Maintenance Of Storm Drainage Facilities by and between OWNER and the City of Yelm attached as Exhibit A. No encroachment will be placed within the easements, which may damage or interfere with the installation, inspection, and maintenance of utilities. All operations and maintenance of the storm drainage facilities, including all expenses, shall be paid by the BURNETT ESTATES Homeowners Association. In the event OWNER, successors or the BURNETT ESTATES Homeowners, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if OWNER or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unstable, OWNER or successors agree to the following remedy; After thirty (30) days notice by registered mail to the Proponent or successors, The City of Yelm may correct the problem or maintain facilities as necessary to restore the full design for all costs associated with engineering and construction of the remedial work. The City Of Yelm may charge interest as allowed by law from the date of completion of construction. The City Of Yelm will place a lien on the property and/or on lots in the Property Owners Association for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Proponent or successors. Section 2. Maintenance of Facilities. (A) In consideration of conveyance of Tract (s) to the Homeowners, the Homeowners hereby covenants and agrees to maintain in good order and repair all stormwater facilities, to the requirements and standards of City of Yelm, and all fences and equipment IIIIII VIII IIIIII II Fag 1825of 7 IIIIIIIIIIIIIIIIIII ©9!30120© III VIII IIII IIII 5 1© 32R RAINIER GENERAL DEVELOP AGR $38.00 Thurston Co. Wa. appurtenant to same. If in the opinion of the City of Yelm the facilities are not maintained to the City standards, a fee may be charged to each property owner by the Homeowners for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowners or repairs can be done by the members, as long as work meets with City standards. (B) All stormwater runoff from rooftops shall be handled to retain all runoff on-site as per the City of Yelm standards, by individual drywells onsite. Section 3. Maintenance Schedule. Maintenance schedule for drainage system component as outlined in Exhibit A. Section 4. The BURNETT ESTATES Homeowners shall provide the storm drainage maintenance required in the residential Agreement to maintain stormwater facilities. Section 5. Approximate maintenance Schedule for Drainage System Component. This is attached in Exhibit A. 3771895 IIIIII IIII 09 3 ~./2~05 f © 32A I III III IIIIIIIII IIIIIIIIII IIIIIIIIII IIIIIIII RAINIER GENERAL DEVELOP AGR $38.00 Thurston Co. Wa. EXHIBIT A MAINTENANCE PLAN BURNETT ESTATES SUB-04-0218-YL INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will be used to write the annual report (due in May of each year). Some items do not need to be checked with every inspection. Use the suggested frequency at the left of each item as a guideline for the inspections. The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears that a problem may exist. IIIIII VIII IIIIII IIII IIIIII IIIIII 3771895 VIII III VIII IIII IIII ©g g 0/20©5 f © 32R RAINIER GENERAL DEVELOP AGR $38.00 Thurston Co. Wa. SUB-04-0218-YL SECTION 1 - REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes and Swales) Drainage ,, System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M.S. Pipes ,, Sediment & Accumulated sediment that exceeds Pipe cleaned of all debris 20% of the diameter of the pipe. sediment and debris. M Vegetation Vegetation that reduces free All vegetation removed ~ movement of water through pipes. so water flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or (rusted, bent is causing more than 50% replaced. ~ or crushed) deterioration to any part of pipe. M Any dent that significantly impedes Pipe repaired or flow (i.e., decreases the cross replaced. ,, section area of pipe by more than 20%). M Pipe has major cracks or tears Pipe repaired or allowing groundwater leakage. replaced. M,S Swales Trash & Dumping of yard wastes such as Remove trash and Debris grass clippings and branches into debris and dispose as Swale. Accumulation of non- prescribed by City degradable materials such as glass, Waste Management plastic, metal, foam and coated Section. ~ paper. M Sediment Accumulated sediment that exceeds Swale cleaned of all buildup 20% of the design depth. sediment and debris so ~ that it matches design. M Vegetation not Grass cover is sparse and weedy or Aerate soils and growing or areas are overgrown with woody reseed and mulch bare overgrown vegetation. areas. Maintain grass height at a minimum of 6" for best stormwater treatment. Remove woody growth, recontour and reseed ~ as necessary. M Conversion by Swale has been filled in or blocked If possible, speak with homeowner to by shed, woodpile, shrubbery, etc. homeowner and incompatible request that Swale area use. be restored. Contact City to report problem if not rectified voluntarily. A Swale does Water stands in Swale or flow A survey may be not drain velocity is very slow. Stagnation needed to check occurs. grades. Grades need to be in 1 % 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 ]urisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M = Monthly (see schedule) 3771895 II IIII pg3 ©.!2005 f © 32R IIIIII IIIIII IIIIII (IIIIIII (IIII IIIIIII IIIIIII Wa. IIII co. ___ .._..~.,..~ ncvri no AGR $38.00 Thurston Maintenance for Catch Basins and Inlets Drainage ,, System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M,S General Trash, debris Trash or debris in front of the No trash or debris located and sediment catch basin opening is immediately in front of catch in or on basin blocking capacity by more than basin opening. Grate is ~ 10%. kept clean and allows water to enter. M Sediment or debris (in the No sediment or debris in the basin) that exceeds 1/3 the catch basin. Catch basin is depth from the bottom of basin dug out and clean. to invert of the lowest pipe into or out of the basin. M,S Trash or debris in any inlet or Inlet and outlet pipes free of pipe blocking more than 1!3 of trash or debris. ~ its height. M Structural Corner of frame extends more Frame is even with curb. damage to than 3/4" past curb face into frame and/or street (if applicable). ~ top slab M Top slab has holes larger than Top slab is free of holes and 2 square inches or cracks cracks. wider than 1/4" (intent is to make sure all material is ~ running into the basin. M Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more of top slab. ,, than 3/4" of the frame from the top slab. A Cracks in Cracks wider than 1/2" and Basin replaced or repaired basin longer than 3", any evidence of to design standards. walls/bottom soil particles entering catch Contact a professional basin through cracks or engineer for evaluation. maintenance person judges ~ that structure is unsound. A Cracks wider than 1/2" and No cracks more than 1/4" longer than 1' at the joint of wide at the joint of any inlet/outlet pipe or any inlet/outlet pipe. evidence of soil particles entering catch basin through ~ cracks. A Settlement / Basin has settled more than 1" Basin replaced or repaired misalignment or has rotated more than 2" out to design standards. of alignment. Contact a professional ~ engineer for evaluation. M,S Fire hazard of Presence of chemicals such as No color, odor or sludge. other pollution natural gas, oil and gasoline. Basin is dug out and clean. ~ Obnoxious color, odor or sludge noted. M,S Outlet pipe is Vegetation or roots growing in No vegetation or root growth clogged with inlet/outlet pipe joints that are present. ~ vegetation more than 6" tall and less than 6" apart. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M = Monthly (see schedule) S =After major storms IIIIIIII Page186Sof 7 IIIIII IIII II II (IIII I (IIII (IIIII III IIIII D9 (IIIII 130/2 II 005 1 ©.32A RAINIER GENERAL DEVELOP AGR $38.00 Thi~rc+n.. r•_ .._ SECTION 2 - RESPONSIBLE ORGANIZATION The homeowners association shall be responsible for the operations and maintenance of all onsite storm drainage facilities. SECTION 3 - VEGETATION MANAGEMENT PLAN All disturbed pervious areas on the site will be landscaped to provide as aesthetically pleasing environment. SECTION 4 - BIOFILTRATION SWALE AND POND The bottom surface of the biofiltration Swale shall be periodically inspected for build-up of sediment and debris. If the pond begins to have standing water, especially after rainfall has ceased for several days, the infiltration facility may not be infiltrating properly and should be inspected. II VIII IIII IIII ©9l30182~05 f © 32A 111111 IIII 111111 111111 VIII IIIIIIIIIII RAINIER GENERAL DEVELOP AGR $38.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants, Conditions, & Restrictions 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Bloom, Douglas R 3. Burnett Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. The Public 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the S W '/4 of Section 13, Township 17N, Range 1 E, WM, parcel 1 of Large Lot Subdivision No. LL-0437 Assessor's Property Tax ParceUAccount Number: 21713310000 IIIIIIIIiI Pag 1893of 11 I IIIIII II IIIIIIII IIIIIIIIIII IIIIIIIIIII ©9!3©12 IIIII o©510. 32A RAINIER GENERAL DEVELOP COV $42.00 Thurston Ca. Wa. AFTER RECORDING RETURN TO: Mustang Development, LLC 7822 Hwy 99 SE Olympia ,Washington 98501 DECLARATION OF COVENANTS. CONDITIONS AND RESTRICTIONS The land Referred To Herein Is Situated In The State Of Washington, City Of Yelm, County of Thurston And Is Described As Follows: Lots 1 to 18 and Storm Tract A and Open Space Tract B of Burnett Estates, as recorded in the office of the Thurston County Auditor on ~ day of ~' ~ x,20 ~ under Thurston County Auditor's File No. ~ ~T~~~~'~ THIS DECLARATION IS MADE THIS ~X~' DAY OF ~,~m~,~~, 20 by MUSTANG DEVELOPMENT, LLC, A Washington limited liability corporation, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH Whereas, Declarants are the owners of certain real property in The City of Yelm, Lots 1 to 18 and Storm Area Tract A and Open Space Tract B of Burnett Estates as recorded in the office of the Thurston County Auditor on ~'~ day of ~20~under Thurston County Auditor's File No. (hereafter referred to as "the property" or "properties"); and WHEREAS, Declarants will convey certain of the said properties, subject to certain protective covenants, conditions and restrictions, reservations, liens and charges as hereafter set forth. NOW, THEREFORE, Declarants hereby declares that the properties described in ARTICLE II hereof shall be held, sold, conveyed, subject to the following easements, restrictions, reservations, charges, liens, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property. These easements, restrictions, reservations, charges, liens, covenants, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest herein and/or on all parties having or acquiring any part thereof, and shall inure to the benefit of each owner thereof. i~~~~a~a~~~~a~ e ~;o ~~..,~.m ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Burnett Estates Homeowners Association, a Washington non-profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein after described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property including the improvements thereto owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: Tract A and Tract B, Burnett Estates. Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the recorded subdivision map of the Properties with the exception of the Common Areas. Section 6. "Declarant" shall mean and refer to Mustang Development, LLC, its successors or assigns who should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration is located in Yelm, Washington, Thurston County Washington as is described as follows: LOTS 1 TO 18 AND STORM TRACT A AND OPEN SPACE TRACT B OF BURNETT ESTATES, AS RECORDED UNDER AUDITOR'S FILE NO. 7 IN THURSTON COUNTY, WASHINGTON IIIIII VIII IIIIII IIII IIIIII I 3771893 VIII VIII III VIII IIIIII o99 ©,z©©5 f 01328 II RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Property. No structure or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential lot other than a residential dwelling, not to exceed two stories in height, with a private garage or carport for not less than one (1) or more than three (3) standard size passenger automobiles and one recreational vehicle, each lot shall provide at least two (2) off street parking spaces including the garage, carport or driveway. During construction of a residential structure, construction materials may be maintained, by the builder, on a residential lot. Also, fences in compliance with Section 7 and Section 8 herein, and outbuildings that service a residential structure that are in compliance with Section 4 herein, are allowed. Section 2. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said activity be in compliance with City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same maybe conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a manner (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential construction as described in Section 1, nor shall anything be done on any residential lot which maybe or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be permitted on any street, sidewalk or other public area. Section 3. Automobiles, Boats, Trucks, Trailers, Recreational Vehicles. The streets within the plat shall not be used for overnight parking of any vehicles other than private automobiles. This covenant specifically prohibits the street storage of automobiles, boats, trucks, trailers or recreational vehicles. The City of Yelm parking ordinances shall supersede this section where discrepancies appear. No owner of any residential lot shall permit any vehicle owned by such lot owner, any member of the lot owner's family or any guest or acquaintance or invitee to be parked upon any street or upon any lot within the property for a period in excess of forty-eight (48) hours where such vehicle is non-operational, in repair or abandoned unless such vehicle is on a lot and enclosed in a garage or outbuilding, or screened by a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. ~ IIIIII VIII IIIIII IIII II 3771893 IIIIIIIIIIIIIIIIIIIIII °99012©05fo132A IIIIIIIII RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. Section 4. Residential uses of Temporary Structures Prohibited. No trailer, tent, shack, garage, barn or other outbuildings or any structure of any temporary character erected or placed on the property shall at any time be used as a residence either temporarily or permanently. Section 5. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Cats, dogs, birds or other household pets may be kept if they are not kept, bred or maintained for any commercial purpose; provided however, that they shall not be kept in numbers or under conditions so as to become a hazard to health, safety and/or the quiet enjoyment of any lot subject to this declaration. Any kennel or dog run must be screened from view of the street. Any dogs must be kept so as to minimize excessive noise from barking or they shall be considered a nuisance according to the terms of the covenants. Section 6. Mortgage Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots. Title to any property obtained as a result of any foreclosure proceeding shall specifically be held subject to all of the provisions herein. Section 7. Building Setback. No building or detached structure (with the exception of fences as described in Section 8 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house, nor nearer than five (5) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet in height. Fences shall be well constructed of suitable wood or vinyl fencing materials and shall be artistic in design and shall be in architectural harmony with the buildings and fences of adjacent lots. A chain link fence shall be allowed around the drainage pond if necessary. No fence, wall or hedge over three (3) feet in height shall be erected, placed or altered on any lot nearer to any street than the building setback line, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said wall. All fences shall also meet the requirements of Section 13 where necessary. Section 9. Easements. Easements for utilities, drainage, and access are reserved as delineated on the recorded plat map. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 10. Signs. No sign of any kind shall be displayed to the public view on any lot except professionally produced signs that total not more than 3 feet square, advertising the property for sale or rent, signs used by a builder to advertise the property during the construction IIIIII VIII IIIIII IIII IIIIII IIIIII VIII III VIII 0913©1$2005 1©1328 IIIIIIII RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. and sales period are permitted. Signs of a political nature maybe displayed from 30 days prior to any election or primary election day and 30 days following election or primary election day. Section 11. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any lot. Section 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 14. Garbage and Refuse Disposal. No lot, open space or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for proper disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into or upon public streets, ditches or the adjacent property. The removal and proper disposal of all such materials shall be the sole responsibility of the individual lot owner. All containers for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 15. Dwelling size. The ground floor area of the main structure, exclusive of a one-story open porches and garages, shall be not less than 700 square feet for cone-story dwelling, nor less than 1200 square feet for a dwelling of more than one story. Section 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. The entire house must be painted or stained approved colors. The idea is that colors that are very bright, provocative, or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Burnett Estates Homeowners Association. An owner wishing to change the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be reasonably withheld. IIIIIIIIIIIII Page1863of 11 IIII IIII IIII IIIIIIIIVIII IIIIIIIIIIIII °9/30/2©©5 III 1©. 32q RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. Section 18. Nuisance. No noxious or offensive activity shall be carried on upon any residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the value of the property of any neighbor or of the neighborhood in general. Section 19. Firearms. The shooting of any type of weapon or firearm is prohibited, including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots. Section 20. Landscaping. Landscaping of the front and at least one half of the side yards shall be grass. Yards shall be regularly mowed and neatly maintained at all times. The original deciduous trees shall be replaced if they die, become diseased or too large for the site. All landscaping shall be completed within one (l~year. Homeowners shall be responsible for the street trees and lawn within the planter strip between the sidewalk and street adjacent to each of the homes. Section 21. Storm Tract A and Open Space Tract B shall be dedicated to the Homeowners association, and the Homeowners Association shall be responsible for maintaining the Stormwater Drainage as required by The City of Yelm and reasonable environmental practices as outlined in Burnett Estates Maintenance Plan. ARTICLE IV VOTING MEMBERSHIP Section 1. The Association shall have two classes of voting membership. Section 2. Class "A" Class "A" members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Section 3. Class "B" Class "B" member (s) shall be Mustang Development, LLC, (the Declarant or successor) and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease upon the happening of either of the following events, whichever occurs earlier: (A) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (B) on December 31, 2006. Section 4. FHA/VA Approval. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the IIIIII VIII IIIIII IIII IIIIII IIIIII VIII III VIII IIII IIII 0913~/820DS `~132R RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. Veterans Administration; Annexation of additional properties, dedications of Common Area and amendment of this Declaration of Covenants, Conditions and Restrictions. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the lien and Personal Obligation for Assessments. The declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Areas, including the maintenance of Stormwater Facilities. Section 3. Maximum Annual Assessment. Until December 31, 2006, the maximum annual assessment shall be one hundred dollars ($100.00) per lot. (A) From and after December 31, 2006 the maximum annual assessment maybe increased above 5% by a vote of fifty percent (50%) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (B) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of deferring, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, provided that any such assessment shall have the consent of fifty percent (50%) of the votes of IIIIIIIII Page1883of 11 III IIIIII IIIlilll 1111111 IIIIIIII 1111111 ©g,3©/ III II 2©O5 II ,©. 32R RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action under Section 3 and 4 shall be sent to all members no less than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting maybe called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceeding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and maybe collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Areas. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment period. Written notice of annual assessment shall be sent to every owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding on the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve (12%) per annum. The Association may bring action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein bynon-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien and such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. IIIIIIIIIIIIIIIIIIIII Pa91893of li VIIII VIIII VIII III IIII 09l3~l2005 1:32 IIIIIIIII A RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. ARTICLE VI DESIGN APPROVAL No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its design Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Declarants, Burnett Estates Homeowners Association and/or the owner of any lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed, by the provisions of this declaration; provided however, that the Declarant's right to enforce the provisions of this declaration shall terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this declaration; and provided further, however, that the termination of the Declarant's power to enforce this declaration shall in no way affect the power of any successor, lot owner or the Timber Estates Homeowners Association to enforce the terms and conditions of this declaration. In any action to enforce the terms and conditions of this declaration, the party prevailing shall be entitled to an award of such party's costs, including attorney's fees, against the non-prevailing party for all costs incurred with respect to the enforcement of this declaration. Failure of the Declarant or any such owner or contract purchaser or Burnett Estates Homeowners Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter. Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. IIIIIIII Pag 1890 of 11 IIII III IIIIii 1111111 Illillll 111111 111111 ©9, 111111 3©12© I D51©. 32R RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this declaration, including the declarants, Burnett Estates Homeowners Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from automatically extended successive periods often (10) years, unless an instrument terminating all covenants, which is signed by not less than the owners then owning ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any period thereafter, of the property subject to this declaration and any supplemental declaration shall have been recorded with the Thurston County Auditor. The covenants and restrictions of this declaration maybe amended by an instrument signed by not less than the owners of seventy-five percent (75%) of the lots. Amendments shall take effect when they have been recorded with the Auditor of the County of Thurston. i glas Bloom anager ACKNOWLEDGMENT ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the /(~ `~~ day of ,~"£P T£'r~ d £,e 200 Jr ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~ ~U~~/~ s ~ .LPL oo~ To me known to be the /Vl.~ NA ~ ~ ~. (TITLE(S) of ,m u S T~ N 6 J ~' VET ePmE'.c> T , ~-~ C (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal the day and year first-above written. ~`~~? ~SS1ON F~'~'AJ, ~ N ry Public in and for the :'~~N°T'4R~' 9; _ State of Washington, residing in -~ •; „ PUBLIC u;' ~'y~ • .G~ y 1`{j~.r,t~2~ % ~C /'Y? , //1 Lf/.5.~711 ~ ~C.[ /17~-~ . ~~~~~ IiWAS~~`~~ IIIIIIIIIIIIIIIIIII Pa91893 of 11 IIIIIIIIIIIIIII D9! IIII III IIIIII III I 3D 12©D5 1© 32R III RAINIER GENERAL DEVELOP COV $42.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Bloom, Douglas R 3. Burnett Estates Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NE '/4 of the SW '/4 of Section 13, Township 17N, Range 1 E, WM, parcel 1 of Large Lot Subdivision No. LL-0437 Assessor's Property Tax ParceVAccount Number: 21713310000 3771896 II page . 1 of 3 II 0913012005 10:328 IIII II II I III II III III III III IIII II Wa III IIIII Co III on III st III r II Thu RAINIER GENERAL DEVELOP AGR $34.00 WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS MUSTANG DEVELOPMENT, LLC (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 BURNETT ESTATES, 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: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal IIIIII VIII (VIII IIII IIIIII IIIIII IIII 3771896 I III VIII IIII IIII 093 012005 `0:328 RAINIER GENERAL DEVELOP AGR $34.00 Thurston Co. Wa. and contingent costs, together with any damages, either director 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. D as Bloom NAGER STATE OF WASHINGTON) ss COUNTY OF THURSTON ) On this ~1`•~ day of _~ , 20 v5 ,before me, the undersigned, a Notary Public m and for the State of Washington, duly commissioned and sworn, personally appeared •~ ou ~ ~~ s ~ , ~3c. co.h that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this .23'F='~ day of ~u~us T , 20.05.. ``,,~titc~~~~f,r ~ ~ \ ~~ ~' Fr N ?~ s F : , :•~ , ~• 9 N ry Public in and for e : , ~ s :,~ NoTARy ~ Sate of Washington, residing in c • Z ~ / ~~~~hN~LO-~ic. L~u-~ ' a ' PUBLIC ~~~;~;~~ o~~.~,~o; • y My commission expires: o~-i~-a'~ 14~?,• ~? ~ i C~ • N~ IIIIII III Fag 18960 f 3 IIIIIIII 1111111 IIIIIIII I IIIII II 09/30! ~ IIIII IIII I 200510. III 32A RAINIER GENERAL DEVELOP AGR $34.00 Thurston Co. Wa. eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale -Sewer and Water System Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development, LLC 2. Bloom, Douglas R. 3. Burnett Estates Subdivision 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) A portion of the NE '/4 of the S W '/4 of Section 13, Township 17N, Range 1 E, WM, parcel 1 of Large Lot Subdivision No. LL-0437 Assessor's Property Tax ParceVAccount Number: 21713310000 illlillli Pa91894of 2 II VIII Ilil 111111 IIII 111111 II III 09/ VIII 30! 1111111 200 I 5 10. 32A RAINIER GENERAL DEVELOP MISC $33.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this z7 day of ;Q~c~.: ~ ; , 20 c s, by and between Mustang Development, LLC, 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: All Sanitary Sewer lines, STEP sewer system, Water lines and related appurtenances lying ~~~ithin dedicated public rights of way for the Plat of Burnett Estates and for Burnett Road S.E., of Yelm's Plat No. SUB-04-0218-YL. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this ~ s day of ~~c-~ „ , 20 ~}- Mustang Develo ment, LLC '~~~~~~ r (5i~~ ) ITS ~ ~t,vaGc'_ (~' (Title) STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the .Z s f~ day of /eFlf G u-S T , 200 5 ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared I~ouGU3s lc' $LooM to me known to be the iV1,4N~ G ~ 2 of i~)t!S?A.~IG ~t v., LLC and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal o€ i~.Forporation. WITNESS.rny~'~c~official seal the day and year first-ab ve written. .+-... m; ~'~ ry Public in and for e ~~ ~ .;;~y 14 2cF.~ ~~`~: tate of Washington, residing in ~''~,~ ~IWASN~ ~~~`. System accepted this day of , 20 Ciry of Yelm By: _ Director of Public Works II IIIIII VIII (IIII Fay 1824of 2 I IIII IIIIII I 09/3 / VIII (IIII III 0 2005 10. A IIIIIIIIII I 32 II RAINIER GENERAL DEVELOP MISC $33.00 Thurston Co. Wa.