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Final Recorded Documents/~ 3907147 Page 1 of 5 ~, Co•,n rstii~y'ar n0 n,ic ll. 54c~0Y ~:',vESIn'c'i _.. 111'14~1'91~i,f I~II!Ir~IN~~iI~IW! II''NI"illli II'~9''hll ll Ir ll MOUNTAIN SHADOW SHEET ~ of s A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., ., CfTY OF YELM, THURSTON COUNTY, WASHINGTON. LEGAL DESCRIPTION PARCEL A: PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18, THENCE NORTH 955 FEET ALONG THE EAST LINE OF SAID SECTION 18; THENCE WEST 784.5 FEET TO YEIAI IRRIGATION DISTRICT LITERAL; THENCE SOUTHEASTERLY ALONG SAID LITERAL TO PANT OF BEGINNING. EXCEPTING THEREFROM COUNTY ROADS; ; IN THURSTON COUNTY, WASHINGTON PARCEL B ~ !~ BEGINNING AT A POINT WFi1CH BEARS 955 NORTH FROM THE SOUTHEAST CORNER OF THE SWTHEAST OUAR TER OF THE SOUTHEAST QUARTER OF SECTION ~' ! - 18, TOWNSHIP 17 NOR 7H, RANGE 2 EAST, W.M., RUNNING THENCE NEST 784.5 FEET; THENCE NORTHWESTWARD ALONG THE EAST BOUNDARY OF 1HE COUNTY ~-- -"- "' -"r~ ROAD 480 FEET TO THE INTERSECTION OF THE NORTH BOUNDARY UNE OF THE ~ X' SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE I NORTHWESTERLY ALONG THE NORTH BOUNDARY OF THE COUNTY ROAD 413 FEET 70 THE INTERSECTON OF THE NEST UNE OF THE NORTHEAST QUARTER OF THE SOUTHEAST WARTER OF SAID SECTION; THENCE EAST 400 FEET; THENCE NORTH 185.8 FEET; THENCE EAST 920 FEET. TO THE EAST UNE OF SAID SECTION 18; THENCE SOUTH ALONG THE EAST BOUNDARY UNE OF SAID SECTION 850.8 FEET TO THE PUCE OF BEGINNING; LESS PART DEEDED TO THE GTY OF CENTRAUA FOR POWER CANAL BY DEEDS FlLED AS AUDITOR'S FlLE NOS. 208030 AND 225448, ALSO EXCEPT COUNTY ROADS; ALSO EXCEPT THAT PORTION LYING NORTH OF THE NORTH BOUNDARY UNE OF SAID POKER CANAL; IN 7HURSTON COUNTY, WASHINGTON. DEDICATION K~0~141/~'E~Ca11RY ELTM E{la4s~/rT H'Mu%~ERSICNED OWNERS IN FEE SIMPLE OF THE UND HEREBY PUTTED, HEREBY DECLARE THIS PUT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS, AVENUES, PUCES AND SEWER EASEMENTS OR WHATEVER PUBLIC PROPERTY THERE IS SHOWN ON PUT ANO THE USE THEREOF FOR ANY AHD ALL PUBLIC PURPOSES NOT INCONSISTENT VA7H THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; AL50, THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS OR FlLLS UPON THE LOTS, BLOCKS, TRACTS, ETC. SHOWN ON THIS PUT IN 1HE REASONABLE ORIGINAL GRADING OF ALL THE STREETS, AVENUES, PUCES, ETC. SHOWN HEREON. TRACT A IS HEREBY DEDICATED TO THE MOUNTAIN SHADOW HOMEOWNER'S ASSOCIATION. TRACT B IS HEREBY DEDICATED TO THE dTY OF YEILI. IN ESS WHEREOF 1 HAVE SET MY HANG AND SEAL THIS~AY OF~{ff~il~ 20 D. 3 = I?~ MIMt ~R) RAINIER eACIFlC NK MOON N SHADOW INVESTMEN LLC ACKNOWLEDGMENTS STATE OF WASHINGTON ) COUNTY OF ~1uf6~'aN1SS) ) BY ITS PROPER OFFlCERS THIS 1~ DAY OF~L~, 200. ON TfI~.D~'( AND~YEAQ fIRST^ B~,IMITTEN, BEFORE MEII PERSONALLY APPEARED TO ME KNOME NN TO BE THE SAG ~~m~~ OF THE UNITED UABILTY COMPANY THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SND 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 ME WAS AUTHORIZED 70 EXECUTE SAID INSTRUMENT. 1N iNES~,~AY~lMllq AND OFT1dA! SEAL THF_ D.AY AND YEAR FlRST ABOVE WRITTEN. .av~n • NOTARY PUBLIC IN AND FO1R THE STATE OF WASHINGTON (PRINT NAME) ~QMI K ~Crrl(~1N1 ,j_ ^ ~~~~,,,,~~~`'rCL= RESIDING AT ~ Cf[1 ~o STATE~~0R,IK4.~RiINGTON } CWNTY OF~ti'1W'4~lN~SS) ) -M BY ITS PROPER OFFlCERS THIS ~ DAY OF ~~ 200Z ON THE DAY ANDoYEAR ~ RSTJ -ABp~~ ' CN, BEFORE ME PERSONALLY APPEARED TO ME KNOWN FTO B1Efh~aTHE i~s(4 n5!/~'M~l`L. OF THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED 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 WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. 1 WI7NESSV~~] AND OFFlCIAL SEAL THE DAY AND YEAR FlR57 OVE WRITTEN. ,'~~3lOTARY PUBLIC IN AND FOR'^THE S(T~AT~E OF WASHINCT . s €PRINT NAME) ~ QM~ ~1~. /~~~ \~~ 1 \~ ~1^~ ~b 1tESIDING AT )(."1 GrC.I. l~ STA1H~(()F WA) SS ) COUNTY 0~ ) BY ITS PROPER OFFlCERS THIS DAY OF 200_. ON THE DAY AND PEAR FlRST ABOVE WRITTEN, BEFORE ME PERSONALLY APPEARED TO ME KNOWN TO BE THE OF THE CORPORATON THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN MENTIONED, ANO ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. WITNESS MY HAND AND OFFlCIAL SEAL THE DAY AND YEAR FlRST ABOVE WRITTEN APPROVALS CITY ENGINEER EXAMINED AND APPROVED THIS 17 DAY OF Feb/u~r t- A.D., 20~'_? ~ dTY.~ ~ YEW ENGINEER CITY PLANNER n7 ]~ EXAMINED AND APPROVED THIS ~~ DAY o~ ~_ A. D., 20~. i ~ y~~~~~ ~ ..h~t ~~~ CITOF YELAI PLANNER / MAYOR FOR C~F YE EXAMINED AND APPROVED TH S I Y OF A.D., 20~ YELM dTY NCIL MAY ATTEST: CLERK ~y~~ ASSESSOR EXAMINED AND APPROVED THIS DAY OF A.D., 20 C ,•. THURSTON C TREASURER I HEREBY CERTIFY THAT ALL TAXES ON THE UND DESCRIBED HEREON HAVE BEEN FULLY PAID TO AMD INCLUDING 1HE YEAR ~'Z fu ~[ into~l ED1lYl ~~~~ari . iHUR~TON COUNTY TREASURER COUNTY AUDITOR FlLED FOR RECORD AT THE REQUEST aF CITY OF YELM. THIS L^'I DAY OF Maul- 207 AT ~_ MINUTES PAST 1_ O~CLOCK ~ M., AND RECORDED UNDER AUDITOR'S FlLE NUMBER ~~~" 7 M~ RECORDS OF THURSTON COUNTY, WASHINGTON. THURSTON COUNTY ~DITOR DEPUTY AUDITOR EASEMENT PROVISIONS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ANY POKER COMPANY, ANY WATER COMPANY, ANY TELEPHONE COMPANY, ANY GAS COMPANY, ANY CABLE TELENSION COMPANY, U.S. POSTAL SERVICE, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE FRONT 10 FEET PARALLEL WITH AND ADJdNINC THE STREET FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL, UY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES AND WIRES KITH NECESSARY FAdUT1E5 AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY N1TH ELECTRIC, TELEPHONE, GAS ANO UTUTY SERVICE, TOGETHER WITH THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDI110N. NO LINES OR PARES FOR THE TRANSMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE USE OR CABLE TELENSION SHALL BE PUCED OR PERMITTED TO BE PUCEO UPON ANY LOT UNLESS THE SAME SHALL RE UNDERCROUNO OR IH CdlOUIT ATTACHED TO A BUILDING. SEWER EASEMENT PROVISIONS A PERPETUAL EASEMENT IS HEREBY RESERVED FOR AND GRAN7E0 TO THE GTY OF VELN, 175 SUCCESSORS ANO ASSIGNS, FOR OPERATION, MAINTENANCE, AND REPAIR OF ANY OR ALL PORTIONS OF THE SEPTIC TANK EFFLUENT PUMPS (S. T.E.P.) SYSTEM INCLUDING BUT NOT RESTRICTED T0: SEPTIC TANKS, PUMP CHAMBERS, PRESSURE/GRANTY SEVER CONNECTION LINES AND PUMP STATUS PANEL, OVER, UNDER AND THROUGH THE UND HEREBY PUTTED. THE PURPOSE OF THE EASEMENT IS TO PROVIDE ACCESS FOR dTY OFFlCERS AND EMPLOYEES TO THE dTY-OWNED PORTION OF THE S. T.E.P. SANITARY SEVER SYSTEMS. THE WIDTH OF THE EASEMENT HEREIN RESERVED SHALL BE FlVE FEET EACH SIDE OF PIPE AND ELECTRICAL LINES AS CONSTRUCTED. THE MOTH OF THE TANK EASEMENT SMALL EXTEND FlVE FEET BEYOND THE EDGES OF THE TANK. THE OWNER SHALL MAINTAN AND IS RESPONSIBLE FOR THE HOUSE LITERAL CONNECTING THE TANK TO THE HOUSE PLUMBING AND INLET TO THE TANK CHAMBER. THE dTY OF YEUA SHALL HAVE THE RIGHT TO TEMPORARILY UTILIZE SUCH AREA BEYOND THE EASEMENT AREA DESCRIBED ABOVE THAT IS NECESSARY FOR THE OPERATION, MAINTENANCE AND REPAIR ACTIVITIES ON THE S.T.E.P. SYSTEM. IT IS POSSIBLE THAT MAJOR UNDSCAPINC ITEMS. E.C.. SHRUBS AND TREES, WITHIN THE ABOVE EASEMENT RIGHT-OF-WAY MAY BE DAMAGED DURING THE PERFORMANCE OF OPERATION AND MAINTENANCE ACTIVITIES. THE OWNER WAIVES ANY CUIM AGAINST THE CITY FOR DAMAGE TO SAID ITEMS IN THE CASE WHERE WORK BY THE CITY IS DONE IN A REASONABLE MANNER. THE OWNER ALSO WAIVES ANY CUIN AGAINST THE CITY FOR DAMAGES GENERALLY WHICH ARISE FROM ACTS OF COD' OR OF THIRD PARTIES, NOT INVOLNNC FAULT BY THE dTY OF YELAI. THIS EASEMENT SHALL BE CONSH)ERED AN ENCUMBRANCE WHICH TOUCHES AND CONCERNS THE LAND ABOVE DESCRIBED, AND BINDS OWNERS, TRANSFEREES, DONEES, SUCCESSORS AND ASSIGNEES IN INTEREST IN THE SAME MANNER AS IT BINDS OWNERS HEREIN. CERTIFICATE OF 3URVEY0A 1 HEREBY CERTIFY THAT THE PUT OF MOUNTAIN SHADOW IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF A PORTION OF SECTIOIJ 18, TOWNSHIP 17N, RANGE 2E, W.M., THAT THE DISTANCES AND COURSES SHOWN HEREON ARE CORRECT; THAT THE MONUMENTS MALL BE SET AND LOT CORNERS PALL BE STAKED ON THE GROUND. MELVIN F. GARUND ' OATE• REGISTERED PROFESSIONAL UND SURVEYOR CERTIFlCATE N0. 18902 wvNO.p.~ NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON '4,,VW F G,~ (PRINT NAME) DRAWING INDEX w6oT 14 yy tiuG RESIDING AT SHEET 1 -DEDICATION, LEGAL DESCRIPTION, °' /~' ' c~ e~ APPROVALS AND EASEMENT PRONSIONS / ~ SHEET 2 -SECTION SUBDIVISION, BOUNDARY °<c ~ ! 002 , Engineering° CONTROL AND NOTES ~r eG13TtR~~ ~ SHEET 3 -LOT LAYOUT, DETAIL AND DIMENSIONS ~~OhAt i.xo S° x6o+ seuro 3sen, Suite 200 SHEET 4 -LOT LAYOUT, DETAIL AND DIMENSIONS Tacomo, Mbeninp+on DAIOp-7{79 SHEET 5 -LOT LAYOUT, DETAIL AND DIMENSIONS c~wulcs: p/ao/n (xs3) a3-{{es rAx: l2s3) N3-0309 r W^^ ~/ O eturn Address ity of Yelm isha R. Box O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mountain Shadow Investments, LLC 2. Mountain Shadow 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 SE '/4 and SE '/4 of the SE '/4 S 18, T 17N, R2E, WM Assessors Property Tax ParceUAccount Number: 22718440100,22718440600 3907143 Page 1 of 3 03/02/2007 01:33 PM Rgreement Thurston County Washington NOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII I III VIII VIII IIII IIII WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Mountain Shadow Investments, I,r.c thereinafter refereed to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as Mountain Shadow , a copy of which plat is attached hereto and made a part hereof as "Exhibit A°, on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the sp4ecifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost 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 3907143 Page 2 of 3 D3l02l20D7 D1 :33 PM Rgreement Thurston County Washington NOUNTRIN SHADOW INVESTMENT LLC I VIII I II IIIIII I I IIIIII I VIII III II IIII IIII VIII I III I I VIII III IIII IIII and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. ~/ STATE OF WASHINGTON) ~ ° ,~ ) ss COUNTY OF T~~~L) On this ' ~` day of ' % ~^~ , 20 ~~ ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~c-~e~" ~ ~ ~ ~~~~~ that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act anS~ ed , for theses and purposes therein mentioned, and on oath stated tha~t((h she/they 1~a (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 ~~ day of ~~C.~-~'~-~~eJc' , 20~. ` ~~ `R, S,gUN-,, Notary Public m and for the C, ,.,~~~•-.., p _' State of Washington, residing in _` ``' ' NOTAR Py~ = ~' ~ My co~Fnmission expires: ~-, , --~~J -_ :PUB C :` _~: , ' y •• ,~ ~,, ~ WA 3907143 Page 3 of 3 X3/02/2007 01:33 PM Rgreement Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII eturn Address ity of Yelm isha R. Box O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mountain Shadow Investments, LLC 2. Mountain Shadow 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 1/a, of the SE 1/4 and SE 1/4 of the SE '/4 S 18, T 17N, R2E, WM Assessors Property Tax ParceVAccount Number: 22718440100,22718440600 3907144 Page 1 of 22 ©310212007 01:33 PM Rgreement Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN Mountain Shadow Investments, LLC ITS HEIRS, SUCCESSORS OR ASSIGNS (HEREINAFTER "Owners") AND THE CITY OF YELM (HEREINAFTER "Jurisdiction") The upkeep and maintenance of stormwater facilities is essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of onsite stormwater facilities. LEGAL DESCRIPTION: See Exhibit A. Whereas, Owner has constructed improvements, including but not limited to, homes, pavement, and stormwater facilities on the property described above. In order to further the goals of the Jurisdiction to ensure the protection and enhancement of Jurisdiction's water resources, the Jurisdiction and Owner hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment «A ,~ THE JURISDICTION SHALL: (1) Provide technical assistance to Owner in support of its operation and maintenance activities conducted pursuant to its maintenance program. Said assistance shall be provided upon request, and as Jurisdiction time and resources permit, at no charge to Owner. (2) Conduct a minimum of one (1) site visit per year to discuss performance and problems with Owner. (3) Review this agreement with Owner and modify it as necessary at least once every three (3) years. 3907144 Page 2 of 22 D3/©2!2007 01:33 PM Rgreement Thurston County Washington NDUNTRIN SHADOW INVESTMENT LLC IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII III IIII REMEDIES: (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facility existing on the Owner property, the Jurisdiction shall give the owner of the property within which the drainage facility is located, and the person or agent in control of said property, notice of the specific maintenance and/or repair required. The Jurisdiction shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the Jurisdiction, written notice will be sent to the persons who were given notice stating the Jurisdiction's intention to perform such maintenance and bill the owner for all incurred expenses. The Jurisdiction may also revoke stormwater utility rate credits for the quality component or invoke surcharges to the quantity component of the Owner bill if required maintenance is not performed. (2) If at any time the Jurisdiction determines that the existing system creates any imminent threat to public health or welfare, the Jurisdiction may take immediate measures to remedy said threat. No notice to the persons listed in (1), above, shall be required under such circumstances. All other Owner responsibilities remain in effect. (3) The owner grants unrestricted authority to the Jurisdiction for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) The persons listed in (1), above, shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to the Jurisdiction within 90 days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the Jurisdiction will be borne by the parties responsible for said reimbursements. (5) This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction. It shall run with the land and be binding on all parties having or acquiring from Owner or their successors any right, title, or interest in the property or any part thereof, as well as their title, or interest in the property or any part thereof, as well as their heirs, successors, and assigns. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Jurisdiction. ~~ Owner 3907144 Page 3 of 22 03/02/2007 0133 PN Rgreement Thurston County Washington NOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIVI IIII IIIIII VIII VII IVIIIVIIIII IIII IIII (IIII VIII VIII VIII (IIII IIII IIII STATE OF WASHINGTON ) i , ~'`C-~ ) ss COUNTY OF ) On this day and year above personally appeared before me, Pik. ~? h~-tiy`- and known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. Given under my hand and official seal this ~~ day of ~cEw~~~ , 20G~. Notary Public in and for the State of Washington, residing in i~ ~ ~ r Dated at =nwta.-, Washington, this ~! day of ~'C~~M~-~ , 20`C , . S ~~ ~ R. AU~,'- ~; v .,,,,,,..,., o ; NO ARy = _ PUB C 9 ~~+~~' ~ ~ ~'~~~ ` ~` 3907144 Page 4 of 22 agreement 03!0212007 01:33 PM Thurston SHRDOW INVESTMENT LLC MOUNTRIN I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII EXHIBIT A LEGAL DESCRIPTION LOTS 1 THROUGH 82 OF THE PLAT OF MOUNTAIN SHADOW RECORDED UNDER AUDITOR' S FILE NUMBER. IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. 3907144 Page 5 of 22 Agreement 0hu0sto0©Co0nty3Washington MOUNTAIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ATTACHMENT "A" MAINTENANCE PROGRAM COVER SHEET FOR PIERCE COUNTY Inspection Period: Number of Sheets Attached: Date Inspected: Name of Inspector Inspector's Signature: Page 6 of 22 3907144 Rgreement ©3/0212007 01:33 PM Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) #1 -Maintenance Checklist for Detention Ponds Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M, S General Trash & Any trash and debris which Trash and debris cleared Debris exceed 5 cubic feet per from the site. 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. A General Poisonous Any poisonous or nuisance No danger of poisonous Vegetation vegetation which may vegetation where and noxious constitute a hazard to maintenance personnel or weeds maintenance personnel or the public might normally the public. Any evidence of be. (Coordinate with local noxious weeds as defined health department). by State or local Complete eradication of regulations. (Apply noxious weeds may not be requirements of adopted possible. Compliance with IPM policies for the use of State or local eradication herbicides . olicies re uired. M,S General Contaminants Any evidence of oil, No contaminants or and Pollution gasoline, contaminants or pollutants present. other pollutants (Coordinate removal/cleanup with local water quality response a enc M General Rodent holes Any evidence of rodent Rodents destroyed and dam holes if facility is acting as or berm repaired. a dam or berm, or any Coordinate with local evidence of water piping health department; through dam or berm via coordinate with Ecology rodent holes. Dam Safety Office if pond exceeds 10 acre-feet . M General Beaver Dams Dam results in change of Facility is returned to function of the facility design function. (Coordinate trapping of beavers and removal of dams with appropriate ermittin a encies . A General Insects When insects such as wasps Insects destroyed or and hornets interefere with removed from site. Apply maintenance activities. insecticides in compliance with ado ted IPM olicies. A General Tree Growth Tree growth does not allow Trees do not hinder and Hazard maintenance access or maintenance activities. Trees interferes with maintenance Selective! cultivate trees 3907144 Page 7 of 22 03/©2!2007 01:33 PN R9reement Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I Ilillll III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature activity (i.e., slope mowing, such as alders for firewood. silt removal, vactoring, or equipment movements). If trees are not interfering with access or maintenance, do not remove. A General If dead, diseased, or dying Remove hazard Trees trees are identified (use a certified Arborist to determine health of tree or removal re uirements . M Side Slopes Erosion Eroded damage over 2 Slopes should be stabilized of Pond inches deep and where using appropriate erosion cause of damage is still control measure(s): e.g., present or where there is rock reinforcement, potential for continued planting of grass, erosion. com action. M, S Side of Any erosion observed on a If erosion is occurring on Slopes of compacted berm compacted berms a Pond embankment. licensed civil engineer should be consulted to resolve source of erosion. M Storage Sediment Accumulated sediment that Sediment cleaned out to area exceeds ] 0% of the designed pond shape and designed pond depth unless depth; pond reseeded if otherwise specified or necessary to control affects inletting or erosion. outletting condition of the facilit M Storage Liner (if Liner is visible and has Liner repaired or replaced. Area Applicable) more than three'/4-inch Liner is fully covered. holes in it. A Pond Berms Settlements Any part of berm which has Dike is built back to the (Dikes) settled 4 inches lower than design elevation. the design elevation. If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. A Emergency Tree Growth Tree growth on emergency Trees should be removed. Overflow/ spillways creates blockage If root system is small Spillway problems and may cause (base less than 4 inches) failure of the berm due to the root system may be left uncontrolled overtopping. in place. Otherwise the roots should be removed and the berm restored. A licensed civil engineer should be consulted for 3907144 Page 8 of 22 D31m2l2007 01:33 PM Rgreement Thurston County Washington MOUNTRIN SHgDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII III I VIII IIII IIII Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature proper beret/ spillway restoration. A Emergency Emergency Only one layer of rock Rocks and pad depth are Overflow/ Overflow/ exists above native soil in restored to design Spillway Spillway area five square feet or standards. larger, or any exposure of native soil at the top of out flow path of spillway. (Rip-rap on inside slopes need not be re laced). If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3907144 Page 9 of 22 03/02/2007 01:33 PM Agreement Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III I III II I IIII III I IIII I I II III I III I III II IIII III IIII IIII III ATTACHMENT ~~A" (CONTINUED) #2 -Maintenance Checklist for Infiltration Facilities Date Frequency Drainage Systems / / / / Problem Conditions To Check For Conditions That Shall Exist Feature M, S General Trash & Debris Any trash and debris which Trash and debris cleared exceed 5 cubic feet per from the site. 1,000 square feet (this is about equal to the amount of trash it would take to fill up one standard size garbage can). In general, there should be no visual evidence of dumping. If less than threshold all trash and debris will be removed as part of next scheduled maintenance. A General Poisonous Any poisonous or nuisance No danger of poisonous Vegetation and vegetation which may vegetation where noxious weeds constitute a hazard to maintenance personnel or maintenance personnel or the public might normally the public. Any evidence be. (Coordinate with local of noxious weeds as health department). defined by State or local Complete eradication of regulations. (Apply noxious weeds may not be requirements of adopted possible. Compliance with IPM policies for the use of State or local eradication herbicides . olicies re uired. M, S General Contaminants Any evidence of oil, No contaminants or and Pollution gasoline, contaminants or pollutants present. other pollutants (Coordinate removal/cleanup with local water quality response a enc . M General Rodent holes Any evidence of rodent Rodents destroyed and dam holes if facility is acting as or berm repaired. a dam or berm, or any Coordinate with local evidence of water piping health department; through dam or berm via coordinate with Ecology rodent holes. Dam Safety Office if pond exceeds IO acre-feet . M General Beaver Dams Dam results in change of Facility is returned to function of the facility design function. (Coordinate trapping of beavers and removal of dams with appropriate ermittin a encies . A General Insects When insects such as Insects destroyed or wasps and hornets removed from site. Apply interefere with insecticides in compliance maintenance activities. with ado ted IPM olicies. M Storage Sediment Water ponding in Sediment is removed area infiltration pond after and/or facility is cleaned so rainfall ceases and that infiltrations stem 3907144 Page 10 of 22 D3!©2/20D7 01:33 PM Agreement Thurston County Washington MOUNTAIN SHRDDW INVESTMENT LLC I IIIIIII III I III VIII IIII III I VIII IIII I VIII IIIIII IIII IIII VIII VIII VIII VIII IIII IIII IIII Date Frequency Drainage Systems / / / / Problem Conditions To Check For Conditions That Shall Exist Feature appropriate time allowed works according to design. for infiltration. (A percolation test pit or test of facility indicates facility is only working at 90% of its designed capabilities. If two inches or more sediment is present, remove . M Filter Bags Filled with A soil texture test indicates Additional volume is added (if Sediment and facility is not working at its through excavation to applicable) Debris designed capabilities or provide needed storage. was incorrectly designed. Soil is aerated and rototilled to improve drainange. Contact the County for information on its requirements regarding excavation. M,S Rock filters Sediment and By visual inspection little Gravel in rock filter is Debris or no water flows through replaced. filter during heavy rain storms. M Side Slopes Erosion Eroded damage over 2 Slopes should be stabilized of Pond inches deep and where using appropriate erosion cause of damage is still control measure(s): e.g., present or where there is rock reinforcement, potential for continued planting of grass, erosion. com action. A Pond Berms Settlements Any part of berm which Dike is built back to the (Dikes) has settled 4 inches lower design elevation. than the design elevation. If settlement is apparent, measure berm to determine amount of settlement. Settling can be an indication of more severe problems with the berm or outlet works. A licensed civil engineer should be consulted to determine the source of the settlement. A Pond Berms Piping Discernable water flow Piping eliminated. Erosion (Dikes) through pond berm. potential resolved. Ongoing erosion with potential for erosion to continue. (Recommend a Geotechnical engineer to be called in to inspect and evaluate condition and recommend repair of condition. A Emergency Tree Growth Tree growth on emergency Trees should be removed. Overflow/ spillways creates blockage If root system is small S illwa roblems and may cause (base less than 4 inches) 3907144 Page 11 of 22 03102/2007 01:33 PM Agreement Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Date Frequency Drainage Systems / / / / Problem Conditions To Conditions That Shall Exist Check For Feature failure of the berm due to the root system may be left uncontrolled overtopping. in place. Otherwise the roots should be removed and the berm restored. A licensed civil engineer should be consulted for proper bean/ spillway restoration. A Emergency Emergency Only one layer of rock Rocks and pad depth are Overflow/ Overflow/ exists above native soil in restored to design Spillway Spillway area five square feet or standards. larger, or any exposure of native soil at the top of out flow path of spillway. (Rip-rap on inside slopes need not be re laced . M Pre-setting Facility or 6" or designed sediment Sediment is removed. Ponds and sump filled trap depth of sediment Vaults with Sediment and/or debris If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3907144 Agreement Thu0sto00Co~nty3Washin9ton Page 12 of 22 MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ATTACHMENT ~°A" (CONTINUED) #5 -Maintenance Checklist for Catch Basins Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature A General "Dump no Stencil or stamp should be Warning signs (e.g., "Dump pollutants" visible and easily read. No Waste-Drains to Stencil or stamp Stream") shall be painted or not visible embossed on or adjacent to all storm drain inlets. M, S General Trash & Debris Trash or debris which is No trash or debris located located immediately in immediately in front of front of the catch basin catch basin or on grate opening is blocking opening. inletting capacity of the basin b more than 10%. M General Trash & Debris Trash or debris (in the No trash or debris in the basin) that exceeds 60% of catch basin. the sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest i e. M General Trash & Debris Trash or debris in any inlet Inlet and outlet pipes free of or outlet pipe blocking trash or debris. more than 1/3 of its hei ht. M General Trash & Debris Dead animals or vegetation No dead animals or that could generate odors vegetation present within that could cause complaints the catch basin. or dangerous gases (e.g., methane . M General Sediment Sediment (in the basin) that No sediment in the catch exceeds 60 percent of the basin. sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest i e. A General Structure Top slab has holes larger Top slab is free of holes and Damage to than 2 square inches or cracks. Frame and/or cracks wider than '/4 inch Top Slab (intent is to make sure no material is running into basin . A General Structure Frame not sitting flush on Frame is sitting flush on the Damage to top slab, i.e., separation of riser rings or top slab and Frame and/or more than 3/4-inch of the firml attached. 3907144 Page 13 of 22 03/02/2007 01:33 PM Rgreement Thurston County Washington MOUNTgIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature Top Slab frame from the top slab. Frame not secure. A General Fractures or Maintenance person judges Basin replaced or repaired to Cracks in Basin that structure is unsound. design standards. Walls/ Bottom. A General Fractures or Grout fillet has separated or Pipe is re-grouted and Cracks in Basin cracked wider than '/z inch secure at basin wall. Walls/ Bottom. and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin throu h cracks. A General Settlement/ If failure of basin has Basin replaced or repaired to Misalignment created a safety, function, design standards. or desi n roblem. M General Vegetation Vegetation growing across No vegetation blocking and blocking more than opening to basin 10% of the basin o enin . M General Vegetation Vegetation growing in No vegetation or root inlet/outlet pipe joints that growth present. are more than six inches tall and less than six inches a art. M General Contamination Evidence of oil, gasoline, No contaminants or and Pollution contaminants/other pollutants present. pollutants (coordinate removal/cleanup with local water quality response a enc A Catch Cover Not in Cover is missing or only Any open catch basin Basin Place partially in place requires maintenance. Cover Catch basin cover is closed. A Catch Locking Mechanism cannot be Mechanism opens with Basin Mechanism Not opened by one maintenance proper tools. Cover Working person with proper tools. Bolts into frame have less than '/z inch of thread. A Catch Cover Difficult One maintenance person Cover can be removed by Basin to Remove cannot remove lid after one maintenance person. Cover applying normal lifting pressure. (Intent is keep cover from sealing off access to maintenance . A Ladder Ladder Rungs Ladder is unsafe due to Ladder meets design Unsafe missing rungs, not securely standards and allows attached to basin wall, maintenance person safe misalignment, rust, cracks, access. or shar ed es. Grates Grate opening Grate with opening wider Grate opening meets design Unsafe than 7/8 inch. standards. M, S Grates Trash & Debris Trash and debris that is Grate free of trash and blocking more than 20% of debris. grate surface inletting ca acit . 3907144 Page 14 of 22 ©3/02/20D7 01:33 PM Rgreement Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature A Grates Damaged or Grate missing or broken Grate is in place and meets Missin members of the rate. desi n standards. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). Page 15 of 22 3807144 33 FM Agreement 03/0212007 01: Thurston County Washington IIIIIIIIIIIIIIIIIII'IIIIII~IIIIIIIIIIIIIIII MOUNTAIN SHRDOW IN IIIIIIIIIIIIIIIIIILC I IIIIIII III IIIIII VIII IIII IIIIII II ATTACHMENT "A" (CONTINUED) #6 -Maintenance Checklist for Debris Barriers (e.g. Trash Racks) Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M, S General Trash & Trash or debris that is plugging Barrier cleared to design Debris more than 20% of the openings flow capacity. in the barrier A General Damaged/ Bars are bend out of shape Bars in place with no bends Missing more than 3 inches. more than 3/< inch. Bars. A General Damaged/ Bars are missing or entire Bars in place according to Missing barrier missing. design. Bars. A General Damaged/ Bars are loose and rust is Barrier replaced or repaired Missing causing 50% deterioration to to design standards. Bars. an art of barrier. A General Inlet/Outlet Debris barrier missing or not Barrier firmly attached to Pie attached to i e. i e. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3907144 Page 16 of 22 03!02/2007 01:33 PM Rgreement Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII (VIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) #7 -Maintenance Checklist for Energy Dissipators Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature External: M Rock Pad Missing or Only one layer of rock exists Replace rocks to design moved rock above native soil in area 5 standard. square feet or larger, or any ex osure of native soil. M Rock Pad Erosion Soil erosion in or adjacent to Rock pad replaced to rock ad. desi n standards. M Dispersion Pipe Plugged Accumulated sediment that Pipe cleaned/flushed so trench with Sediment exceeds 20% of the design that it matches design. de th. M, S Dispersion Not Discharging Visual evidence of water Trench redesigned so trench Water Properly discharging at concentrated that it matches design. points along trench (normal condition is a "sheet flow" of water along trench). Intent is to revent erosion dama e. M Dispersion Perforations Over %z of perforations in Perforated pipe cleaned Trench Plugged pipe are plugged with debris or replaced. and sediment. M Dispersion Water Flows Maintenance person Facility rebuilt to trench Out Top of observes or receives credible standards. "Distributor" report of water flowing out Catch Basin during any storm less than the design storm or its causing or appears likely to cause dama e. M, S Dispersion Receiving Area Water in receiving area is No danger of landslides. trench Over-Saturated causing or has potential of causin landslide roblems. Internal: M Manhole/ Worn or Structure dissipating flow Structure replaced to Chamber Damaged Post, deteriorates to '/z of original design standards. Baffles, Side of size or any concentrated Chamber worn spot exceeding one square foot which would make structure unsound. M Manhole/ Trash & Debris Trash or debris (in the basin) No trash or debris in the Chamber that exceeds 60 percent of catch basin. the sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of six inches clearance from the debris surface to the invert of the lowest i e. M Manhole/ Trash & Debris Trash or debris in any inlet Inlet and outlet pipes free Chamber or outlet pipe blocking more of trash or debris. than 1 /3 of its hei ht. 3907144 Page 17 of 22 031©2!2007 ©1:33 PM agreement Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature M Manhole/ Trash & Debris Dead animals or vegetation No dead animals or Chamber that could generate odors vegetation present within that could cause complaints the catch basin. or dangerous gases (e.g., methane . M Manhole/ Sediment Sediment (in the basin) that No sediment in the catch Chamber exceeds 60 percent of the basin. sump depth as measured from the bottom of basin to invert of the lowest pipe into or out of the basin, but in no case less than a minimum of 6 inches clearance from the sediment surface to the invert of the lowest i e. A Manhole/ Structure Top slab has holes larger Top slab is free of holes Chamber Damage to than 2 square inches or and cracks. Frame and/or cracks wider than '/e inch Top Slab (intent is to make sure no material is running into basin . A Manhole/ Structure Frame not sitting flush on Frame is sitting flush on Chamber Damage to top slab, i.e., separation of the riser rings or top slab Frame and/or more than 3/4 inch of the and firmly attached. Top Slab frame from the top slab. Frame not securel attached A Manhole/ Fractures or Maintenance person judges Basin replaced or Chamber Cracks in Basin that structure is unsound. repaired to design Walls/ Bottom. standards. A Manhole/ Fractures or Grout fillet has separated or Pipe is regrouted and Chamber Cracks in Basin cracked wider than % inch secure at basin wall. Walls/ Bottom. and longer than 1 foot at the joint of any inlet/outlet pipe or any evidence of soil particles entering catch basin throu h cracks. A Manhole/ Settlement/ If failure of basin has created Basin replaced or Chamber Misalignment a safety, function, or design repaired to design roblem. standards. A Manhole/ Contamination Any evidence of oil, No contaminants or Chamber and Pollution gasoline, contaminants or pollutants present. other pollutants (coordinate removal/ cleanup with local water quality response a enc A Catch Cover Not in Cover is missing or only Open catchbasin requires Basin Place partially in place maintenance. Catch Cover basin cover is closed. A Catch Locking Mechanism cannot be Mechanism opens with Basin Mechanism Not opened by one maintenance proper tools. Cover Working person with proper tools. Bolts into frame have less than '/z inch of thread. A Catch Cover Difficult One maintenance erson Cover can be removed b 3907144 Page 18 of 22 03/02/2007 01:33 PN Agreement Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC I IIIIII IIIIII III II I I IIII VIII it I VIII IIII IIIIII IIII VIII II II VIII IIII IIII IIII Date Drainage Conditions That Should Frequency Systems / / / / Problem Conditions To Check For Exist Feature Basin to Remove cannot remove lid after one maintenance person. Cover applying normal lifting pressure. (Intent is keep cover from sealing off access to maintenance . If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3907144 Page 19 of 22 ©3!02/2007 01:33 PM Rereement Thurston County Washington NOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII (IIII VIII VIII VIII VIII IIII IIII ATTACHMENT °`A" (CONTINUED) #19 -Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Date Frequency Drainage Systems / / / / Problem Conditions To Check For Conditions That Should Feature Exist M General Missing or broken Any defect in the fence or Fence is mended or shrubs parts/dead shrubbery screen that permits easy entry replaced to form a solid to a facilit . barrier to ent M,S General Erosion Erosion has resulted in an Replace soil under fence opening under a fence that so that no opening exceeds allows entr b eo le or ets. 4 inches in hei ht. M General Unruly vegetation Shrubbery is growing out of Shrubbery is trimmed and control or is infested with weeded to provide weeds. appealing aesthetics. Do not use chemicals to control weeds. A Fences Damaged parts Posts out of plumb more than Posts plumb to within 1'/z 6 inches. inches of lumb. A Fences Damaged parts Top rails bent more than Top rail free of bends 6 inches. reater than 1 inch. A Fences Damaged parts Any part offence (including Fence is aligned and meets posts, top rails, and fabric) design standards. more than 1 food out of design ali nment. A Fences Damaged parts Missing or loose tension wire. Tension wire in place and holdin fabric. A Fences Damaged parts Missing or loose barbed wire Barbed wire in place with that is sagging more than less than 3/o-inch sag 2'/z inches between osts. between osts. A Fences Damaged parts Extension arm missing, Extension arm in place broken, or bent of out shape with no bends larger than more than 1'/z inches 3/o-inch A Fences Deteriorated paint or Part or parts that have a Structurally adequate posts protective coating rusting or scaling condition or parts with a uniform that has affected structural protective coating. ade uac . M Fences Openings in fabric Openings in fabric are such No openings in fabric. that an 8-inch diameter ball could fit throu h. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3907144 Page 20 of 22 03/02/2007 01:33 PM Rgreement Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII (IIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) #20 -Maintenance Checklist for Gates Date Drainage Frequency Systems / / / / Problem Conditions To Check For Conditions That Should Exist Feature M General Damaged or Gate is broken, jammed, or Pond has functioning gate to missing missing. allow entry of people and components maintenance equipment such as mowers and backhoe. If a lock is used, make sure the Coun field staff have a ke . M General Damaged or Broken or missing hinges such Hinges intact and tubed. missing that gate cannot be easily opened Gate is working freely. components and closed by a maintenance erson. A General Damaged or Gate is out of plumb more than Gate is aligned and vertical. missing 6 inches and more than 1 foot com onents out of desi n ali nment. A General Damaged or Missing stretcher bands and ties. Stretcher bar, bands, and ties missing in place. com onents If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). 3907144 Page 21 of 22 ©3!02/2007 01:33 PM Rgreement Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ATTACHMENT "A"I(CONTINUED) #21 -Maintenance Checklist for Grounds (Landscaping) Date Drainage Frequency Systems / / / Problem Conditions To Check For Conditions That Should Exist Feature M General Weeds Weeds growing in more Weeds present in less than 5% (nonpoisonous) than 20% of the landscaped of the landscaped area. area (trees and shrubs onl M General Insect hazard Any presence of poison ivy No poisonous vegetation or or other other poisonous insect nests present in ve etation or insect nests. landsca ed area. M, S General Trash or litter See Ponds Checklist. See Ponds Checklist. M, S General Erosion of Ground Noticeable hills are seen in Causes of erosion are Surface landscaped areas. identified and steps taken to slow down/spread out the water. Eroded areas are filled, contoured, and seeded. A Trees Damage Limbs or parts of trees or Trim trees/shrubs to restore and shrubs that are split or shape. Replace trees/shrubs shrubs broken which affect more with severe damage. than 25% of the total folic e of the tree or shrub. M Trees Damage Trees or shrubs that have Replant tree, inspecting for and been blown down or injury to stem or roots. shrubs knocked over. Re lace if severel dama ed. A Trees Damage Trees or shrubs which are Place stakes and rubber-coated and not adequately supported ties around young trees/shrubs shrubs or are leaning over, causing for support. ex osure of the roots. If you are unsure whether a problem exists, please contact a Professional Engineer. ~~ (M) Monthly from November through April. (A) Once in late summer (preferable September). (S) After any major storm (use 1-inch in 24 hours as a guideline). I:\27002\Docs-Reports\Documents\27002~ps Stormwater Maintenance Agreement 081005.doc 3907144 Page 22 of 22 Agreement 03/02/2007 01:33 PM Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII eturn Address ity of Yelm isha R. Box ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mountain Shadow Investments, LLC 2. Mountain Shadow 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 SE 1/4 and SE '/4 of the SE '/4 S 18, T 17N, I22E, WM Assessors Property Tax ParceVAccount Number: 22718440100,22718440600 3907145 Page 1 of it 03/02/2007 01:33 PM Plat Certificate Thurston County Washington NOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ENDORSEMENT ATTACHED TO AND MADE A PART OF SUBDIVISION GUARANTEE G-1578-43076 ,~l Issu®ed By YV ~ I'~ GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: 501384 9045 Wilkensen Rd SE Charge: $ 0.00 The Company hereby assures the Assured that as of the Effective Date hereof, .there are no matters shown by the public records affecting the real property described in said Subdivision Guarantee other than those shown under Exceptions in said Guarantee, except: General taxes payable on February 15th: [i=first hail delinquent May is`, second half delinquent November 15~ ]: Year: 2007 Amount: ' $1,759.02 Tax Account No. 2271-84-40100 The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement, when countersigned below by an authorized signatory, is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: January 24, 2007at 8:00 am Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. S T E W A R T T I T L E GUARANTY COMPANY „~,,,.,~ /" SlE 6p ~ - / UJ'~•(~ ~ ' i v ~ pPPn~ l '~j~i ctiai~.. ee :s. Boas 3 ~_ t~-tr-~~o:~ e~..ia..c h N'-, 1 9 0 8 0 ~ ~ F ~ ~F,X Aga, Countersigned: Aut orizedpCountersignature Stewart Title of Western Washington, Olympia 2607 Martin Way Easf Olympia, WA 98506 Endorsement to Subdivision Guarantee Page 2 of 11 3907145 Plat Certificate 0310212007 01:33 PM Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ,~ C Y ~ P ® s < o ~ ~ ~ ~titfe & escrow ~ "' pr Effective Date: November 17, 2006 at 12:00 AM 2600 ~ai'fln r~~y Ea$t, #~s QlycYtpia, WA 98506 Phone (360j 570-0830 ®Fax (360) 357-7069 Short Plat: $225.00 Sales Tax: $18.90 Total: $ 243.90 Reference No.: G-1578-43076 RE: Short P{at Certificate ~ Order No..501384 OWNERS: Mountain Shadow Investments, LLC, a Washington limited liability company LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A SUBJECT TO: 1. Delinquent general taxes Year: 2006 Amount billed: $2,103.78 Amount paid: $0.00 Amount due: $2,103.78, plus interest and penalty Tax Account No.: 2271-84-40100 2. Assessment: Amount: $18,231.50 Interest: 6.2% Next Installment Delinquent: October 16, 2004 Levied By: City of Yelm For: Sewer LID No.: 1 Account No.: 2271-84-40100 3. Deed of Trust and the terms and conditions thereof: Grantor: Mountain Shadow Investments, LLC, a limited liability company Trustee: Stewart Title & Escrow Beneficiary: Rainier Pacific Bank Amount: $3,985,000.00 Dated: December 6, 2005 Recorded: December 12, 2005 Recording No.: 3792468 -Affects this and other property 4. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed: Recorded: March 23, 1987 Recording No.: 8703030146 Grantee: Thurston County 3907145 Page 3 of 31 03/02/2007 0133 PM Thurston County WashingtonPlat Certificate MOUNTAIN SHADOW INVESTMENT LLC Page 1 ~ ~~~~~~~ ~~~ ~~~~~~ III ~~~I~~ II~~~ ~I~~ ~~~~~~~ ~~~~~I ~~~~ I~~I ~~~~~ I~I~~ ~~~~I ~~II~ ~~~~~ ~~II ~~~~ 5. Easement and the terms and conditions thereof Grantee: Thurston County Purpose: Constructing and maintaining roadway slopes in excavation and/or embankment Affects: Easterly portion Recorded: March 23, 1987 Recording No. 8703230148 6. Ordinance recorded December 12, 1994 under Recording IVo. 9412120056 regarding annexation. 7. Easement and the terms and conditions thereof: Grantee: Puget Sound Power & Light Company Purpose: The right to install, maintain, replace, remove and use an electric line Dated: August 22, 1961 Recording No. 646873 8. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: I ransmission, distribution and sale of electricity Affects: A portion of said property Dated: April 4, 2005 Recorded: May 5, 2005 Recording No. 3729468 9. Mitigation agreement and the terms and conditions thereof: Between: Robert E. Benum And: Yelm Community Schools District 2 Dated: August 24, 2005 Recorded: August 24, 2005 Recording No.: 3761024 10. Agreement and the terms and conditions thereof: Between: Mountain Sunrise, LLC And: City of Yelm Dated: August 24, 2005 Recorded: September 30, 2005 Recording No.: 3771899 Regarding: Mountain Sunrise Sewer Latecomer Agreement 11. Agreement and the terms and conditions thereof Between: Mountain Sunrise, LLC And: City of Yelm Dated: August 24, 2005 Recorded: September 30, 2005 Recording No.: 3771900 Regarding: Mountain Sunrise Water Latecomer Agreement The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. 3907145 Page 4 of 11 03/02!2007 01:33 PM Plat Certificate Page 2 Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC I certify this is a true accurate reflection of those documents on file at the Thurston County Court House, Washington as of 8:00 a.m. on the above referenced date. Norm Singer, Title Officer Page 3 3907145 Page 5 of 11 03102!2007 01:33 PM Plat Certificate Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I~~I~I~ III ~II~~I VIII ~I~I~I II~~I III ~I~III~ I~~I~I I~~I III II~~~ III~~ III~I I~Ii~ II~I~ VIII I~~I File Number: 501384 EXHIBIT "A" Beginning at a point which bears 955 feet North from the Southeast corner of the Southeast quarter of the Southeast quarter of Section 18, Township 17 North, Range 2 East, W.M., running thence West 764.5 feet; thence Northwestward along the East boundary of the county road 460 feet to the intersection of the North boundary line of the Southeast quarter of the Southeast quarter of said section; thence Northwesterly along the North boundary of the county road 415 feet to the intersection of the West line of the Northeast quarter of the Southeast quarter of said section; thence East 400 feet; thence North 185.8 feet; thence East 920 feet to the East line of said Section 18; thence .South along the East boundary line of said section. 850.8 feet to the place of beginning; less part deeded to the City of Centralia for power canal, by deeds filed as Auditor's File Nos. 206039 and 225448, ALSO EXCEPT county roads; ALSO EXCEPT that portion lying North of the North Boundary Line of said power canal; In Thurston County, Washington. 3907145 Page 6 of 11 03/02/2007 01:33 PN Plat Certificate Thurston County Washington MDUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII k ENDORSEIViENT ATTACHED TO AND MADE A PART OF SUBDIVISION GUARANTEE G-1578-43075 ~R~ Issued By °~ ~~ ~/Y~~ ~~ A ~~ GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number: 501383 9511 Wilkensen Rd SE Charge: $ 0.00 The Company hereby assures the Assured that as of the Effective Date hereof, there are no matters shown by the public records affecting the real property described in said Subdivision Guarantee other than those shown under Exceptions in said Guarantee, except: General taxes payable on February 15~': [First half delinquent May 151, second half delinquent November 15` ]: Year: 2007 Amount: $1,639.52 Tax Account No. 2271-84-40600 The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee. This endorsement, when countersigned below by an authorized signatory, is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof. Dated: January 24, 2007at 8:00 am Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. S T E W A R T T I T L E GUARANTY COMPANY ~„/"~~S IE t 7 ' SP ~:: -.p. gq. ~„r ar~I~ (f7-Gta ~ - i ~: ~oarot~ A Chniamn eF eLe Hoerd 3; ~. _~- rip ,'~i { Preeidaai i ~'-: 1 9 0 8 +'o s Countersigned: Aut orized Countersignature Stewart Title of Western Washington, Olympia 2607 Martin Way East Olympia, WA 98506 Endorsement to Subdivision Guarantee 3907145 Page 7 of 11 Plat Certificate D31©212007 01:33 PM Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ® y'"~'< 2600 Martin Way East, #G Olympia, WA 98506 ONSP title & escrow Phone (360) 570-0830 ®Fax (360) 357-7069 Effective Date: November 17, 2006 at 12:00 AM Short Plat: $225.00 Sales Tax: $18.90 Total: $ 243.90 Reference No.: 43075 RE: Short Piat Certificate Order No. 501383 OWNERS: Mountain Shadow Investments, LLC, a Washington Limited Liability Company LEGAL DESCRIPTION: SEE ATTACHED EXHIBIT A SUBJECT TO: 1. Delinquent general taxes: Year: 2006 Amount billed: $1,922.42 Amount paid: $0.00 Amount due: $1,922.42, plus interest and penalty Tax Account No.: 2271-84-40600 2. Assessment Amount: Interest: Next Install Levied by: For: LID No.: $10,938.90 6.2% ment Delinquent: October 16, 2004 City of Yelm Sewer #1 3. Deed of Trust and the terms and conditions thereof: Grantor: Mountain Shadow Investments, LLC, a limited liability company Trustee: Stewart Title & Escrow Beneficiary: Rainier Pacific Bank Amount: $3,985,000.00 Dated: December 6, 2005 Recorded: December 12, 2005 Recording No.: 3792468 Page 1 3907145 Page 8 of 11 03!02!2007 01:33 PM Plat Certificate Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC ~~~I~I~ ~~~ ~II~~I ~~I~ ~I~I~~ ~~~~~ I~~~ ~I~III~ ~~~I~I ~~~~ ~I~I I~~~~ ~II~~ I~~~~ ~~II~ ~I~~~ ~I~I I~~~ 4. Reservation contained in deed from the State of Washington recorded under Auditor's Fiie No. 554077, reserving to the grantor all oil, gases, coa-, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages sustained by reason of such entry. Right of State of Washington or its successors, subject to payment of compensation therefore, to acquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other property, as reserved in deed referred to above. Affects #2271-84-40600 5. Right to make necessary slopes for cuts or fills upon property herein described as granted in deed: Recorded: March 23, 1987 Recording No.: 8703030146 Grantee: Thurston County 6. Easement and the terms and conditions thereof: Grantee: Thurston County Purpose: Constructing and maintaining roadway slopes in excavation and/or embankment Affects: Easterly portion Recorded: March 23,1987 Recording No: 8703230148 7. Ordinance recorded December 12, 1994 under Recording No. 9412120056 regarding annexation. 8. Easement and the terms and conditions thereof: Grantee: Puget Sound Energy, Inc. Purpose: Transmission, distribution and sale of electricity Affects: A portion of said property Dated: April 4, 2005 Recorded: May 5, 2005 Recording No. 3729468 9. Mitigation agreement and the terms and conditions thereof Between: Robert E. Benum And: Yelm Community Schools District 2 Dated: August 24, 2005 Recorded: August 24, 2005 Recording No.: 3761024 10. Agreement and the terms and conditions thereof: Between: Mountain Sunrise, LLC And: City of Yelm Dated: August 24, 2005 Recorded: September 30, 2005 Recording No.: 3771899 Regarding: Mountain Sunrise Sewer Latecomer Agreement 11. Agreement and the terms and conditions thereof: Between: Mountain Sunrise, LLC And: City of Yelm Dated: August 24, 2005 Recorded: September 30, 2005 Recording No.: 3771900 Regarding: Mountain Sunrise Water Latecomer 3907145 Page 9 of 11 ©3l02l20D7 01:33 PM Plat Certificate Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC Agreement Page 2 Order No.: 501383 The Company's liability for this report is limited to the compensation received. This report is based on the Company's property records, and no liability is assumed for items misindexed or not indexed in the public records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate survey or inspection of the premises. This report and the legal description given herein are based upon information supplied by the applicant as to the location and identification of the premises in question, and no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters shown, or an opinion as to the marketability of title to the subject premises. I certify this is a true accurate reflection of those documents on file at the Thurston County Court House, Washington as of 8:00 a.m. on the above referenced date. Norm Singer, Title Officer Page 3 3907145 Page 10 of 11 03/02/2007 01:33 PM Thurston County WashingtonPlat Certificate MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII File Number: 501383 EXHIBIT "A" Part of the Southeast quarter of the Southeast quarter of Section 18, Township 17 North, Range 2 East, W.M., described as follows: Beginning at the Southeast corner of said Section 18, thence North 955 feet along the East line of said Section 18; thence West 764.5 feet to Yelm Irrigation District lateral; thence Southeasterly along said lateral to point of beginning. EXCEPTING THEREFROM county roads; In Thurston County, Washington. 3907145 Page 11 of 11 D3/02/2©D7 07:33 PM Plat Certificate Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII RETURN ADDRESS Document Title(s) DECLARATION OF COVENANT Reference Numbers(s) of related documents Grantor(s) (Last, First and Middle Initial) MOUNTAIN SHADOW INVESTMENTS, LLC Additional Reference #=s on page MOUNTAIN SHADOW SUBDIVISION Additional grantors on page Grantee(s) (Last, First and Middle Initial) CITY OF YELM Additional grantees on page Legal DeSCrlptlOn (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) PTN NE I/4, SE 1/4 AND SE1/4, SE i/4 i8-i~N-2E Additional legal is on page Assessor's Property Tax Parcel/Account Number 22~i844oioo 22~i844o600 Additional parcel #=s on page The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.><8.0><0. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. <. ~_ Signature o~RBquesting Party ~' 3907146 Page 1 of 57 Covenant 03!02!2007 01:33 PM Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIIIIIIVIIIIIIIIIII eturn Address ity of Yelm isha R. Box O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Covenants Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mountain Shadow Investments, LLC 2. Mountain Shadow 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 1/a, of the SE '/4 and SE '/4 of the SE '/4 S 18, T 17N, R2E, WM Assessors Property Tax ParceVAccount Number: 22718440100,22718440600 3907146 Page 2 of 57 D3/02/2©07 01:33 PM Covenant Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC I (IIIIII III IIIIII IIII IIIIII VIII IIII (IIIIII IIIIII IIII IIII VIII IIII' VIII VIII VIII IIII IIII MOUNTAIN SHADOW DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS [00348830) page 3 of 57 3907146 Covenant 03102/2007 01:33 PM Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Table of Contents BACKGROUND ...............................................................................................................1 DECLARATION ...............................................................................................................1 ARTICLE I DEFINITIONS ................................................................................................2 ARTICLE II PROPERTY; DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY ............................................................................................................ 3 ARTICLE III COMMON AREAS .......................................................................................4 ARTICLE IV ASSOCIATION ............................................................................................4 ARTICLE V EASEMENTS ................................................................................................5 ARTICLE VI ASSESSMENTS ...........................................................................................6 ARTICLE VII MAINTENANCE .........................................................................................9 ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE ..........................................12 ARTICLE IX ARCHITECTURAL AND LANDSCAPE CONTROL ....................................12 ARTICLE X PERMITTED AND PROHIBITED USES .......................................................14 ARTICLE XI INSURANCE REQUIREMENTS .................................................................18 ARTICLE XII DAMAGE OR DESTRUCTION .................................................................18 ARTICLE XIII CONDEMNATION ..................................................................................19 ARTICLE XIV MORTGAGEES' PROTECTION ...............................................................19 ARTICLE XV GENERAL PROVISIONS .......................................................................... 20 [00348830] 3907146 Page 4 of 57 03102!2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 MOUNTAIN SHADOW DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION ("Declaration") is made on the ~ S~ day of ~~2yi~i2y , 2007, by Mountain Shadow Investments, LLC., a Washington limited liability company ("Declarant") BACKGROUND 1. Declarant is the owner of certain real property located within the city limits of Yelm, in Thurston County, Washington, that is legally described on the attached Exhibit "A" (the "Property") and depicted on Exhibit "B" (the "Development Plan"), both of which are incorporated and made a part hereof by this reference. The Declarant intends to create on the Property the residential community of Mountain Shadow ("Mountain Shadow"), with permanently maintained Common Areas for the benefit of the Mountain Shadow owners ("Owners"). 2. Declarant desires to preserve and enhance the property values, amenities and opportunities in all of the divisions of Mountain Shadow and to provide for the health, safety and welfare of the Owners. To this end, Declarant desires to subject the Property to the covenants, restrictions, easements, charges and liens set forth in this Declaration. 3. Declarant will incorporate "Mountain Shadow Homeowners Association" as a nonprofit Washington corporation (the "Association") in order to provide a mechanism for meeting some of the purposes set forth in this Declaration. DECLARATION Declarant hereby declares that the Property known as Mountain Shadow is and shall be held, transferred, sold, conveyed and occupied subject to all of the terms and conditions set forth in this Declaration including, without limitation, the covenants, restrictions, easements, charges and liens set forth in this Declaration. Further, except with respect to Sections 7.4, 7.5, 7.6 and 7.7, below, Declarant delegates and assigns to the Association, upon its creation, the power of: (i) owning, maintaining, and administering the Common Areas defined below; (ii) administering and enforcing the covenants and restrictions; (iii) collecting and disbursing the Assessments and charges created in this Declaration; and (iv) promoting the recreation, health, safety and welfare of the residents. Further, Declarant hereby reserves the right to assign any or all of Declarant's rights and/or obligations arising out of this Declaration that are not assigned to the Association pursuant to the preceding paragraph. With respect to Sections 7.4, 7.5, 7.6 and 7.7, below, the Declarant may, at its sole discretion, both: (a) Retain all of its rights and obligations arising therefrom; and/or (b) Assign these same rights to a Successor Declarant(s). In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, the Declarant and Successor Declarants) shall both or all independently have the same rights with respect to the enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration. [00348830] 1 Page 5 of 57 3907146 covenant D31p212007 01:33 PM Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII (IIII VIII VIII VIII VIII IIII IIII 01 /31 /07 ARTICLE I DEFINITIONS Section 1.1 "ACC" shall mean the Architectural Control Committee as described in Article VIII. Section 1.2 "Articles" shall mean the Association's Articles of Incorporation, together with any amendments thereto. A specimen copy of the Articles is attached as Exhibit "C," which is incorporated and made a part hereof by this reference. Section 1.3 "Assessment" or "Assessments" shall mean individual or collective Assessments arising out of Article VI including, without limitation, Annual, Special or Reimbursement Assessments. Section 1.4 "Association" shall mean the Mountain Shadow Homeowners Association, a Washington nonprofit corporation, and its successors and assigns, if applicable. Section 1.5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association. Section 1.6 "Builder" shall mean any entity or person that or who shall purchase one (1) or more Lots and construct a residence thereon for the purpose of selling or leasing the same. Section 1.7 "Bylaws" shall mean the Association's Bylaws, together with any amendments thereto. A specimen copy of which is attached as Exhibit "D," which is incorporated and made a part hereof by this reference, together with any amendments. Section 1.8 "Common Areas" shall mean the portions of the Property, both real and personal, in which the Association has been granted an ownership interest, easement, lease or right of control by written instrument, including, without limitation, this Declaration and/or by delineation on the Plat of Mountain. Shadow for the use and enjoyment of the Members (excepting easements for maintaining Lots as provided for in Section 5.2(a)). The Common Areas within Mountain Shadow are legally described on the attached Exhibit "E," which is incorporated and made a part hereof by this reference. Section 1.9 "Declarant" shall mean Mountain Shadow Investment, LLC., a Washington limited liability company, its successors and assigns; provided, however, that no Successor Declarants) or assignee(s) of Declarant shall have any rights or obligations of Declarant arising out of this Declaration unless such rights and obligations are specifically set forth in an instrument of succession or assignment duly executed by Declarant. Section 1.10 "Declaration" shall mean all of the terms and conditions included in this Declaration of Covenants, Conditions and Restrictions, including without limitation the covenants, restrictions, easements, charges, liens and all other provisions, as they may from time to time be amended in accordance with Section 15.6. Section 1.11 "Development Plan" shall mean the overall general plan illustrating among other things the intended development of the Plat of Mountain Shadow that was approved by the City of Yelm as shown on the attached Exhibit "B" Section 1.12 "Federal Mortgage Agencies" shall mean those federal agencies that may have an interest in the properties, such as the Federal Housing Administration ("FHA"), the Veterans Administration ("VA"), the Federal National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation ("FHLMC"), or the successors to their respective interests. [00348830] 2 3907146 Page 6 of 57 Covenant 03/D2/20@7 01:33 PM Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII 01 /31 /07 Section 1.13 "First Mortgagee" shall mean a lender who holds the first mortgage or first deed of trust on a Lot and who has notified the Association in writing of its holdings. Section 1.14 "Fiscal Year" shall mean the accounting year of the Association. Section 1.15 "Initial Sale" shall mean the conveyance of a Lot from Declarant to a Builder. Section 1.16 "Lot" shall mean any numbered parcel of land shown upon any recorded subdivision map of the Property, with the exception of the Common Areas and other areas set aside for nonresidential use. Section 1.17 "Manager" shall mean the person, firm, entity or corporation to whom the Board of Directors may delegate managerial duties. Section 1.18 "Member" shall mean every person or entity that owns a Lot and holds membership in the Association. Membership shall be appurtenant to and may not be separated from ownership of a Lot. Section 1.19 "Mortgage" shall mean a deed of trust or any other security instrument. Section 1.20 "Notice" shall mean written notice delivered personally or mailed to the last known address of the intended recipient. Section 1.21 "Owner" shall mean every person or entity, including Declarant, which is a record Owner of the fee simple title to any Lot, or if any Lot is sold under real estate contract, the vendee or vendees under that contract; provided, however, that the term "Owner" shall not include those having an interest merely as security for the performance of an obligation. Section 1.22 "Plat" shall mean the planned residential community commonly known as Mountain Shadow, which is situated on the Property. Section 1.23 "Property" shall mean the real property legally described on the attached Exhibit "A." Section 1.24 "Successor Declarant(s)" shall mean the person, firm, entity, company or corporation to whom the Declarant may assign any right or obligation as provided for above in Section 1.9. In the event of a partial or complete assignment of any rights and/or obligations arising out of the Declaration to a Successor Declarant(s), all references to Declarant throughout the Declaration shall also apply to such Successor Declarants) with respect to any and all such assigned rights and/or obligations. With respect to Sections 7.4, 7.5, 7.6 and 7.7, the Declarant may, at its sole discretion, both: (a) Retain all of its rights and obligations arising therefrom; and/or (b) Assign these same rights to a Successor Declarant(s). In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, the Declarant and Successor Declarants) shall both or all independently have the same rights with respect to the enforcement provisions set forth in Sections 7.4, 7.5, 7.6 and 7.7 of the Declaration. ARTICLE II PROPERTY; DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY Section 2.1 The Property. The real property that is to be subjected to this Declaration is legally described on the attached Exhibit "A" and represents the whole of the planned residential community commonly known as Mountain Shadow. [00348830] 3 3907146 Page 7 of 57 03/0212007 01:33 PM Covenant Thurston County Washington NOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 Section 2.2 The Development Plan. The Development Plan, illustrated on the attached Exhibit "B," is Declarant's intended design for the development of Mountain Shadow as a planned residential community. The Development Plan includes eighty-two (82) single-family Lots located on approximately 19.93 acres. Section 2.3 Modification of Plans. The Development Plan may be modified and amended as provided in this Declaration and as provided under City of Yelm development regulations at any time during the time required to develop Mountain Shadow. It is currently the intention of Declarant to develop Mountain Shadow in full accordance with the Development Plan, which is, however, conceptual in nature, and does not bind the Declarant to improve any portion of the Property. In fact, at the time of the creation of this Declaration, the Declarant has received notification from the State of Washington that it is planning to condemn a portion of the Property. Therefore, based on the information available at the time of the creation of this Declaration, the total number of Lots will likely be reduced in the future. ARTICLE III COMMON AREAS Section 3.1 Dedication. Upon the recording of the Plat of Mountain Shadow, the portions of the Property designated as Common Areas were dedicated to the Association. The Common Areas owned by the Association are legally described on the attached Exhibit "E." The Common Areas include Tract "A," which is a stormwater detention facility. Section 3.2. Right of Association to Adopt Reasonable Rules. Each Owner shall have a right of enjoyment and use, together with a nonexclusive easement in, over and through the Common Areas for ingress and egress, which easement shall be appurtenant to and shall pass with the title to every Lot, subject to the following provisions: (a) The right of the Association to: (i) adopt reasonable rules governing the use of the Common Areas and the personal conduct of persons authorized to use said Common Areas; and (ii) establish appropriate penalties for the violation of those rules; and (b) The right of the Association to dedicate or transfer by deed or easement all or any part of the Common Areas to any public agency, authority, or utility; however no such dedication or transfer shall be effective without the approval of two-thirds (2/3`ds) of each class of Members described below in Section 4.2. Section 3.3 Delegation of Use. Any Owner may, subject to the limitations set forth in this Declaration, delegate his, her, their or its right of enjoyment to the Common Areas to: (i) the members of his, her, their or its family; (ii) his, her, their or its tenants; or (iii) his, her, their or its guests. Section 3.4. Association to Maintain. The Association shall: (i) maintain, repair, replace and improve the Common Areas as appropriate for afirst-class residential community; and (ii) pay the actual cost of the same from Annual or Special Assessments, as appropriate. ARTICLE IV ASSOCIATION Section 4.1 General. Every Owner of a Lot shall be a Member of the Association. Membership shall be appurtenant to each Lot and may not be separated from ownership of any Lot. Ownership of a Lot shall be the sole qualification for membership in the Association. Section 4.2. Classes. The Association shall have two (2) classes of voting membership: (ooaaas3ol 3907146 Page 8 of 57 D3/02/20D7 01:33 PM Covenant Thurston County Washington NOl1NTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 (a) Class "A." Class "A" Members shall be all Owners, with the exception of Declarant or a Successor Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be divisible and exercised as the Owners determine, but in no event shall more than one (1) vote be cast with respect to any Lot; and (b) Class "B." The Class "B" Member shall be the Declarant, and shall be entitled to five (5) votes for each Lot that may be created on the Property as depicted on the Development Plan. The Class "B" Membership shall cease and be converted to Class "A" Membership upon the happening of either of the following events, whichever occurs earlier: (i) When the total votes in the Class "A" Membership equals or exceeds the total votes in the Class "B" Membership, which will occur upon the Declarant's or a Successor Declarant's initial sale of the 69`h Lot out of the 82 Lots envisioned in the Development Plan to Owners who reside on or lease the subject Lot to others who reside on said Lot; or (ii) On January 1, 2022. Section 4.3 Board of Directors. The Association shall be managed by a Board of Directors elected or appointed in accordance with the Articles of Incorporation and Bylaws of the Association. Section 4.4 Delegation to Manager. The Board of Directors may delegate any of its managerial duties, powers, or functions to any person, firm, entity or corporation (the "Manager"); provided that any management agreement may be terminated by the Association: (a) For cause upon delivery of thirty (30) days advanced written notice; and (b) Without cause upon delivery of ninety (90) days advance written notice. The term of any such management agreement may: (a) Not exceed one (1) year; and (b) Be renewable by agreement of the parties for successive one- (1) year periods. The Members of the Board of Directors shall not be liable for any omission or improper exercise by the Manager of any duty, power, or function so delegated by written instrument executed by a majority of the Board of Directors. ARTICLE V EASEMENTS Section 5.1 Utility and Drainage Easements for Declarant and/or its Assigns. In addition to or consistent with easements reserved on the face of the Plat or created by any instrument of record, nonexclusive easements for utilities and drainage are reserved for the Declarant and/or its assigns, over a five (5) foot wide strip along each side of the interior Lot lines and over a ten (10) foot wide strip adjacent to the rear and street side Lot line of each Lot. In addition, a nonexclusive easement is reserved for Declarant and/or its assigns over, under, and on all of the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of the Lot, except for those improvements for which a public agency, authority, utility [00348830] 3907146 Page 9 of 57 D3/D2l2D07 ©1:33 PM Covenant Thurston County Washington MDUNTRIN SHRDDW INVESTMENT LLC I IIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII IIII' VIII IIII IIII 01 /31 /07 company, and/or the Association is responsible. Fencing and landscape plantings are permitted on the side and rear property lines as approved by the ACC. Section 5.2 Easement for Association. The Association, the ACC, the Declarant and its agents, successors and assigns shall have a nonexclusive easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes: (a) The cleaning, maintenance, repair or replacement of any improvement as provided in Section 7.1 (this easement shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described in Section 7.1); (b) The maintenance, repair, replacement, or improvement of any Common Area accessible from a Lot; (c) Emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or the improvements thereon; (d) The cleaning, maintenance, repair, or restoration work that the Owner is required to do, but has failed or refused to do; and (e) All other acts necessary to enforce this Declaration. Except in the event of an emergency where advance notice is not possible, these easements shall be exercised only after reasonable notice to the Owner. Section 5.3 Easement for Government Personnel. An easement for access by police, fire, rescue and other government personnel is reserved across all Common Areas as necessary or appropriate for the performance of their public duties. Section 5.4 Easement for Declarant. The Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment, materials or utilities, and such other actions necessary for or related to: (a) The development and/or maintenance of the Property; and (b) The development and/or maintenance of any property owned by the Declarant at the time of the creation of this Declaration or subsequently acquired by the Declarant that is to be developed by Declarant and is adjacent to or in the vicinity of the Property. ARTICLE VI ASSESSMENTS Section 6.1 Covenants for Maintenance Assessments. (a) Each Owner of a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association: (i) "Annual Assessments" or charges; and (ii) "Special Assessments" for capital improvements. (b) The Annual Assessments and Special Assessments, together with interest, costs and reasonable accounting fees and attorney's fees shall be a charge and a continuing lien upon the Lot against which each such Assessment is made. Such lien may be foreclosed by the Association in the same manner as a Mortgage on real property. (c) Each Assessment, together with interest, costs, and reasonable accounting fees and attorney's fees shall also be the personal obligation of the person(s) who is or are the Owner(s) of the Lot assessed at the time the Assessment becomes due and payable. The personal [00348830] 3907146 Page 10 of 57 ©hurDsto00Co0nty3WashingtonCovenant MOUNTRIN SHgDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII Ilill IIII IIII 01 /31 /07 obligation shall not pass to the Owner's successors-in-interest unless expressly assumed by the successor-in-interest. The new Owner shall be personally liable for Assessments that become due and payable on and after the date of sale (e.g., date of closing if sold by real estate contract) or transfer of a Lot to the new Owner (e.g., date of conveyance by deed). Section 6.2 Purpose of Assessments. The Assessments levied by the Association shall be used exclusively for the purpose of: (a) Promoting the recreation, health, safety and welfare of the residents of the Property; (b) Improving, maintaining, replacing and/or repairing of the Common Areas and the services and facilities related to the use and enjoyment of said Common Areas; Areas, and (c) Paying the costs associated with taxes and insurance related to the Common (d) Paying the Association's administrative expenses (e.g., accounting fees, legal fees, office supplies, etc.). Section 6.3 Annual Assessments. The Board of Directors shall establish the maximum Annual Assessment that may, from time to time, be increased subject to the following conditions and limitations: (a) Until January 1, 2008, the maximum Annual Assessment shall be Two Hundred and 00/100ths Dollars ($200.00) per Lot; (b) After January 1, 2008, and continuing until such time as the Class "B" Membership ceases to exist, the Board of Directors may fix and increase the maximum Annual Assessment as necessary to fulfill the purposes set forth in this Declaration; and (c) From and after the date upon which the Class "B" Membership ceases to exist, the maximum Annual Assessment may not be materially increased without an affirmative vote of two-thirds (2/3`ds) of the Class "A" Members who are voting in person or by proxy, at a meeting duly called for such purpose pursuant to Section 6.11 of this Article. A "material increase" shall be an increase, which cumulatively for the Association's then current fiscal year increases the Annual Assessment by more than ten percent (10%). Section 6.4 Commencement of Annual Assessments. The Annual Assessments shall commence as to each Lot within the Property on the first (1S`) day of the month following the Initial Sale. The first Annual Assessment shall be prorated to December 31 of the then current calendar year and shall be collected at the closing of the Initial Sale. Section 6.5 Board to Fix Annual Assessment. The Board of Directors shall fix the Annual Assessment at an amount not in excess of the maximum at least fifteen (15) days prior to the start of the forthcoming fiscal year. Written notice of the Annual Assessment shall be sent to every Owner. In the event the Board fails to fix an Annual Assessment for any fiscal year, then the Assessment established for the prior year shall automatically be continued until such time as the Board acts by modifying the Annual Assessment. The Annual Assessments shall be determined in such a manner so as to be sufficient to: (a) Meet the obligations imposed by this Declaration and any supplementary declarations; and (b) Establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas that require such actions on a periodic basis. [00348830] 7 page 11 of 57 3907146 Covenan t D3/02/2007 01:33 PM Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII IIIIIIIII (IIII IIIIIIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 Section 6.6 Special Assessments for Capital Improvements. In addition to the Annual Assessments authorized above, the Association may levy in any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Areas, including, without exception, the necessary fixtures and personal property related thereto; provided, however, that any such Special Assessment shall have the assent of two-thirds (2/3ras) of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for this purpose pursuant to Section 6.11 of this Article. Section 6.7 Reimbursement Assessment. Declarant shall collect a Reimbursement Assessment in the amount of Seven Hundred Fifty and 00/100ths Dollars ($750.00) per Lot which represents each Lot's pro rata share of the sums advanced by the Declarant for expenses associated with certain improvements installed by the Declarant on behalf of the Association, including without limitation those expenses associated with the establishment of the Association (e.g., filing fees, attorney fees, administrative fees, recording fees, etc.), initial Common Area improvements (e.g., landscaping, irrigation, street lighting, signage, nature trail, fencing, etc.) and other costs and expenses associated with the initial establishment of the Association. This Reimbursement Assessment shall be the responsibility of the purchaser of the new single-family residence and it shall be paid directly to Declarant by the applicable escrow company at the time a Builder closes a sale of a Lot after the construction of asingle-family residence thereon. Section 6.8 Working Capital Contribution. At the time of an Initial Sale of a Lot within the Property, the Builder shall pay One Hundred Fifty and 00/100ths Dollars ($150.00) per Lot to the Association as a contribution to the working capital of the Association. Section 6.9 Repair Fund Fee(s). Notwithstanding all of the other provisions included in this Article VI or in Article VII, below, and without in any way whatsoever diminishing or modifying the vitality of the terms and conditions arising from such other provisions, at the time of an Initial Sale of a Lot within the Property, the Builder shall pay to the Declarant a fee in the amount of One Hundred and 00/100ths Dollars ($100.00) per Lot. This fee shall be used to perform repairs required as a result of the City of Yelm's inspection of the public roads and the private storm drainage system at the end of the designated maintenance period (the "Repair Fund Fee(s)"). The Repair Fund Fee(s) shall be paid in addition to, not in lieu of, any and all other maintenance costs, expenses, fees or charges of any name or characterization arising from the other provisions included this Declaration, generally, including without limitation those provided for in Article VII . Section 6.10 Rate of Assessments. Except as provided for in Section 7.3 below, all Assessments shall be fixed at a uniform rate for all Lots within Mountain Shadow . Section 6.11 Notice and Quorum for any Action Authorized Under Sections 6.3 and/or 6.5. Written notice of any meeting conducted pursuant to Sections 6.3 or 6.5 of this Article shall be sent to all Members not less than thirty (30) days or more than sixty (60) days in advance of the meeting and shall include a statement explaining of the purpose of the scheduled meeting. At the first meeting called for the purposes set forth in Sections 6.3 and/or 6.5, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each separate and distinct class of Membership shall constitute a quorum. If the required quorum is not forthcoming at any meeting, a subsequent meeting may be called, subject to the notice requirement set forth above in this Section 6.11, and the required quorum at any such subsequent meeting shall be one-half ('/2) of the required quorum at the preceding meeting. However, no such subsequent meeting having a reduced quorum requirement shall be held more than sixty (60) days following the preceding meeting. [00348830] 8 Page 12 of 51 3907146 covenant 0310212007 01:33 PM Thurston County Washington I'II~IIIIIIIIII'IIIIIIIIIIIIIIIIIIIIIIIIIIII MOUNTAIN SHRDOW INIIIIIIIIIIIIIIIIIILC I IIIIIII III IIIIII VIII IIII IIIIII I 01 /31 /07 Section 6.12 Certificate. The Association shall, upon request, furnish a certificate in writing signed by an officer of the Association setting forth whether the Assessments on a specified Lot have been paid. The Association may make a reasonable charge for the issuance of these certificates. Such certificate shall be conclusive evidence of payment or nonpayment of any Assessment. Section 6.13 Effect of Nonpayment of Assessments; Remedies of Association. Any Assessments that are not paid when due shall be delinquent. A late charge equal to five percent (5%) of the amount overdue shall be charged for any payment made more than ten (10) days past the due date. The Association, after approval by two-thirds (2/3ras) vote of the Board, may increase the percentage rate of the late charge. If the Assessment is not paid within thirty (30) days after the due date, the Assessment shall bear interest from the due date at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner obligated to pay the Assessment, or may- foreclose the lien against the Lot, and in either event, interest, costs, and reasonable attorney's fees shall be added to the amount of such Assessment. No Owner may waive or otherwise escape liability for Annual or Special Assessments by nonuse of the Common Area or by abandonment of his, her, their, or its Lot. Section 6.14 Suspension of Voting Ri hg_ts. In the event any Member shall be in arrears in the payment of the Assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought current and all defaults are fully remedied. In addition, the Association shall have such other remedies against any such delinquent Member or Members as may be provided in the Articles, Bylaws and/or Declaration. Section 6.15 Subordination of Lien to Mortgages. The lien of the Assessments provided for in this Declaration shall be subordinate to the lien of any First Mortgage. Sale or transfer of any Lot shall not affect the Assessment lien. However, where the mortgagee of a Mortgage of record or other purchaser of a Lot obtains possession of the Lot as the result of foreclosure of a Mortgage, or by deed or assignment in lieu of foreclosure, such possessor, or his, her, their or its successors and assigns, shall not be liable for the Assessments imposed by the Association chargeable to such Lot which became due prior to such possession. Such unpaid share of common expenses or Assessments shall be deemed to be common expenses collectible from all of the Owners, including such possessor, his, her, their or its successors and assigns. Section 6.16 Exempt Property. The following portions of the Property shall be exempt from the payment of Assessments: (a) All portions of the Property dedicated to and accepted by a public agency, authority and/or utility; and (b) The Common Areas and other areas set aside for nonresidential use. ARTICLE VII MAINTENANCE Section 7.1 Standard of Maintenance -Common Areas. The Association shall be obligated to do the following: (a) Maintain, repair and replace all community mailboxes, street lights (if not maintained by a public or private utility company), the entry signage and any other privately owned improvement installed or constructed by Declarant during the development of the Property. 3907146 Page 13 of 57 031©212007 01:33 PM Covenant Thurston County Washington [003488301 MOUNTAIN SHADOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01/31/07 (b) Maintain, repair and replace when necessary the landscaping, fencing, recreational amenities, irrigation systems, stormwater drainage and detention facilities and appurtenances, and other improvements situated within the Common Areas. The Board shall be responsible to make all decisions as to the work required under this provision. All expenses incurred in performing the obligations described in this Article shall be paid for by the Association and become part of the Assessments described above in Article VI; provided, however, that if any of such work is required as the result of any negligent or intentional act or omission of any Owner, or his, her, their or its guests, family or tenants, the cost of such work shall be paid for exclusively by such Owner, and shall become part of the Assessment levied against the Lot owned by such Owner. Section 7.2 Standard of Maintenance. Each Owner shall have the obligation to maintain his, her, their or its Lot and any building, landscaping, trees, fencing or other improvements located on the Lot (and including without limitation as part of the Lot the planting strip located between the street and the sidewalk adjacent to the Lot, together with the Street Trees planted therein, if applicable) to standards appropriate for afirst-class residential community. Section 73 Remedies for Failure to Maintain. If the Owner of any Lot fails to so maintain the Lot, buildings, landscaping, fencing, trees, landscaping and/or other improvements to those standards ("Non-Conforming Owner"), the Association, after approval by two-thirds (2/31as) vote of the Board, shall have the right, through its agents and employees, to enter upon the Lot and to clean, repair, maintain, and restore the Lot and the exterior of the buildings and other improvements; provided, however, that any alteration or demolition of constructed improvements may only take place after judicial proceedings are instituted. The cost of such exterior maintenance and all court costs, and attorney's fees incurred in enforcing this provision shall be added to and become part of the Assessments for such Non-Conforming Owner's Lot, fully subject to the remedial provisions set forth in Article VI. Section 7.4 Street Trees and Planting Strips. As a condition of approval for Mountain Shadow, the Declarant was required to install certain trees adjacent to the road right of way according to the landscape plan approved by the City of Yelm ("Street Trees"). Each Builder or Owner is responsible to maintain said Street Trees and in the event any Street Tree is removed or damaged for any reason, the Owner of the Lot upon which the Street Tree is located (and including as part of the Lot the planting strip located between the street and the sidewalk adjacent to the Lot, if applicable) shall immediately replace the tree with a tree that is the same species and of similar size. If it is necessary for the Declarant to replace any Street Tree due to failure of the Builder or Owner to do so, Builder or Owner shall reimburse Declarant for the cost of replacing same. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Regardless of any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.5 Street Repair Maintenance and Cleaning During Development of Plat. All Builders and Owners shall use due diligence to avoid allowing any unnecessary dirt, debris or other material from washing onto the road as a result of any construction activities and shall at all times remain responsible for keeping the road clean of any such debris, dirt or material. In addition, all Builders or Owners shall use due diligence to avoid causing any damage to the road or sidewalks and all roads, sidewalks and other improvements constructed by the Declarant. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any [00348830] 1 ~ page 14 of 57 3907146 Covenant 0310212007 01:33 PM Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period of ten (10) years after recording of this Declaration. Section 7.6 Maintenance of Stormwater Drainage System During Development of Plat. All Builders or Owners shall use due diligence to avoid allowing any materials from washing or being put into the stormwater drainage system as a result of construction activities conducted by said Builder or Owner. This includes any sediment, cement slurry, or other material washing off or coming off of any Lot upon which a Builder or Owner is constructing an improvement. In the event any Builder or Owner is in violation of the provisions of this Section, that Builder or Owner shall pay a maintenance charge to the Declarant in an amount to be determined by the Declarant, but not to exceed five hundred and 00/100ths Dollars ($500.00) for each violation. In addition, each Builder or Owner agrees to indemnify the Declarant from any costs or charges which the Declarant may incur in connection with the cleaning and maintenance of the stormwater drainage system as a result of any violation. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.7 Utility R~air and Maintenance During Development of Plat. All Builders or Owners shall use due diligence to avoid allowing any damage to occur to any utility or related system improvement as a result of construction activities conducted by said Builder or Owner. In the event that such damage occurs, the Builder or Owner agrees to immediately repair or replace same. Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section. In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement. If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request. Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration. Section 7.8 Repairs Required by the City of Yelm. Any repairs, modifications, alterations, upgrades, improvements and/or labor, material and/or equipment required following the City of Yelm's inspection of the public roads and private storm drainage system at the end of the designated maintenance period may be paid for from the proceeds of the Repair Fund Fee(s) collected pursuant to Section 6.9 above and/or, in Declarant's sole discretion, through the procedures set forth herein in Sections 7.4, 7.5, 7.6 and 7.7, generally. [00348830] 11 3907146 Page 15 of 57 ©3!0212©D7 01:33 PM Covenant Thurston County Washington NOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII VIII) IIII IIII VIII VIII VIII VIII VIII IIII IIII 01/31/07 ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE Section 8.1 Appointment and Membership. There is hereby constituted an Architectural Control Committee (the "ACC"). The Declarant shall have the unilateral right to select the members of the ACC, at the Declarant's sole and exclusive option, until each and every Lot is fully developed and a house is constructed thereon. Thereafter, the ACC shall be appointed by the Board. Initially, the ACC shall be composed of /~o.3~i1~ /3~~Jv.K /~t ~ ~oX and (n,q,2/f~(~,cf A majority of the ACC may designate a representative to act for it, which representative shall be known as the "Control Architect." Section 8.2 Guidelines. The ACC shall have the authority to adopt and amend written guidelines to be applied in its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property. If such guidelines are adopted, they shall be available to all Members upon request. Section 8.3 Meetings; Compensation. The ACC shall meet as necessary to properly perform its duties, and shall keep and maintain a record of all actions taken at the meetings or otherwise. Unless authorized by the Association, neither the Control Architect, nor the members of the ACC shall receive any compensation for their services. Both the Control Architect and members of the ACC shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of any ACC authorized duties. Section 8.4 Nonwaiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter submitted for approval. Section 8.5 Liability. Neither the ACC nor any of its members shall be liable to the Association or to any Owner for any damage, loss or prejudice resulting from any action taken in good faith on a matter submitted to the ACC for approval or for failure to approve any matter submitted to the ACC. The ACC or its members may, during its review and consideration of any matter or issue over which it has jurisdiction, consult with the Association or any Owner with respect to any plans, drawings, specifications, or any other inquiry received by the ACC and/or proposal submitted to the ACC. ARTICLE IX ARCHITECTURAI, AND LANDSCAPE CONTROL Section 9.1 Approval of Plans Required. Except as provided for in Section 9.2 below, none of the following actions may be taken until plans and specifications for the same have been approved in writing by the ACC: (a) The construction of private roads or driveways; (b) The construction or erection of any building, fence, wall or other structure, including the installation, erection, or construction of any solar collection or satellite device; (c) The remodeling, reconstruction, or alteration of any road, driveway, building or other structure; and (d) The landscaping or alteration of any existing landscaping upon any area which is required to be maintained either by the Association or any Owner pursuant to this Declaration. [00348830] ~ ~ 3907146 Page 16 of 57 ~3/02/20D7 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I (IIIIII III IIIIII VIII IIII IIIIII VIII IIII (IIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 Section 9.2 Approval Not Required. Notwithstanding any other provision included in this Declaration, the approval of the ACC shall not be required for each of the following: (a) Action taken by Declarant to develop the Property in accordance with the Development Plan; (b) The construction by Declarant of any single-family home; (c) Other development activity undertaken by Declarant (including, without limitation, clearing, grading, construction of utilities, landscaping, construction of driveways, parking areas, fences, etc.) on any Lot; and (d) Construction by a Builder of any improvement, provided that the Builder has obtained a waiver in writing from the ACC exempting that Builder from the ACC approval process in advance of commencement of construction. Such waiver may be granted by the ACC following its review and approval of a specific base plan that will be repeatedly constructed in the Plat and must be obtained prior to the initiation of construction. Section 9.3 Procedure for Review. Any person desirous of obtaining ACC review and approval as provided for in this Article IX shall submit to the ACC anon-refundable review fee in the amount of two hundred fifty and 00/100ths Dollars ($250.00) along with two (2) sets of plans and specifications showing at a minimum: (a) The size and dimension of the proposed and existing (if applicable) improvements; (b) The proposed and existing (if applicable) exterior design; (c) The proposed exterior color scheme; (d) The exact location of the proposed and existing (if applicable) improvement on the Lot; (e) The exact location of proposed and existing (if applicable) driveways and parking areas; (f) The proposed and existing (if applicable) scheme for surface water drainage and grading; (g) The proposed and existing (if applicable) landscaping plan; (h) The proposed and existing (if applicable) outdoor lighting plan; and (i) The materials to be used in proposed construction. Approval or disapproval of such plans and specifications shall be evidenced by written notation on such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be taken. The ACC shall not be responsible for any structural defects in such plans or specifications or in any building or structure erected according to such plans and specifications. The ACC shall issue its decision within thirty (30) business days from the date the completed plans and specifications satisfying and complying with all of the foregoing stated elements are received by the ACC. Section 9.4 Criteria for Approval. Approval of plans and specifications will be withheld or conditioned if the proposed action is at variance with any part of this Declaration including without limitation the covenants, other covenants covering the Property, or design guidelines adopted by the ACC. Approval may also be withheld or conditioned if, in the opinion of the ACC, the proposed [00348830] 13 3907146 Page 17 of 57 ©3!02/2007 01:33 PM Covenant Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC i luau iii iiuii iu~~ uii ~~~~~~ ~~~~~ Ili! 1111111 111111 IIII IIII IIIII IIIII IIIII IIIII IIIII IIII IIII 01/31/07 action will be detrimental to the community because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor lighting proposed, landscaping plan, or for any other reasonable objection supported by the information reviewed and considered by the ACC. Section 9.5 Conformity with Approved Plans. It shall be the responsibility of the ACC to determine that the improvement was completed in accordance with the plans as submitted and approved. Such determination must be made within sixty (60) days of the completion of the improvement. If the ACC shall determine that the improvement does not comply with the plans and specifications as approved, it shall notify the Owner within that sixty (60) day period. If the Owner is so notified, that Owner shall within such time as the ACC shall specify, but not less than thirty (30) days either; (a) Remove or alter the improvement; or (b) Take such other steps as the ACC shall designate to bring the improvement into conformity. Section 9.6 Governmental Permits. No construction or exterior addition or change or alteration of any structure may be started on any portion of a Lot without the Owner first obtaining a building permit and any and all other necessary permits from all governmental entities having jurisdiction over the Property. ARTICLE X PERMITTED AND PROHIBITED USES Section 10.1 General. All Lots shall be used solely and exclusively for private single- family homes with appurtenant garages. A building site shall consist of not less than one (1) Lot as shown on the Development Plan. No Lot shall be divided except with the permission of the ACC and the City of Yelm. The boundary between two Lots may be adjusted pursuant to a boundary line adjustment authorized by RCW 59.17.040(6). Any building or structure to be erected, constructed or maintained shall be commensurate in quality with the other homes in the Plat. Section 10.2 Dwelling Qua]ity and Size. Except as provided for in Section 9.2 above, no home shall be permitted on any Lot without the prior written approval of the Control Architect or ACC. It is the intention and purpose of these covenants to assure that all homes shall be of a quality of workmanship and material substantially the same or better than that which can be produced on the date these covenants are recorded for the minimum permitted dwelling size. All homes must have a minimum of 1,100 square feet of living space for single level homes and 1,300 square feet of living space for multi-level homes. Garages and unheated areas shall not be included in determining square footage. Section 10.3 Land Use and Building Types. All Lots subject this Declaration shall be used only for residential purposes. No structures of any kind shall be erected or permitted to remain on any Lot other than single family homes, garages, workshops, and structures normally accessory to such homes. No carports will be allowed and all garages must have doors. Al] dwellings shall be "stick- built." Mobile homes, manufactured housing, and modular homes are specifically not permitted. At a minimum, atwo-car garage is required. A three-car garage may be permitted. Where it is architecturally possible, the garage shall be incorporated in or made a part of the dwelling. No detached garages shall be permitted except with the express approval of the ACC. If a detached garage is permitted, it may incorporate an "accessory dwelling unit" above the garage; provided that it is approved by all government entities having jurisdiction over the Property. On-site parking [oo3as83o] 3907146 Page 18 of 57 03!©2/2D07 ©1:33 PM Covenant Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 provisions for no less than two (2) automobiles shall be provided in addition to garage automobile storage. Section 10.4 Fences. No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the less restrictive of: (a) The building setback line; or (b) The front facade of the primary residence, excluding the garage. Notwithstanding the foregoing, nothing shall prevent: (i) The erection of a necessary retaining wall (the top of which does not extend more than two (2) feet above the finished grade at the back of said wall); and (ii) Fences closer to the front boundary of a Lot than otherwise allowed for in this Section, provided that they are approved in advance and in writing by the ACC. The ACC shall not approve fences that are not constructed in accordance with the design guidelines attached as Exhibit "F", which are incorporated and made a part hereof by this reference. Section 10.5 Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the finish elevation of the roadways shall be placed or permitted to remain on any corner Lot within the triangular area formed by the right of way lines and a line connecting them at points twenty-five (25) feet from the intersection of the right of way lines, or, in the case of a rounded Lot corner, from the intersection of the right of way lines extended. The same sight-line limitations shall apply on any Lot within ten (10) feet from the intersection of a street-side property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is maintained a sufficient height to prevent obstruction of such sight lines. Section 10.6 Temporary Structures. No pre-existing building or structure shall be moved onto any portion of the Property. No trailers or manufactured housing shall be maintained on any Lot as a residence. No building of any kind shall be erected or maintained on a Lot prior to the erection of either a detached or attached single family dwelling thereon, except that a garage or other small building or permanent structure may be erected for the storing of tools and other articles but shall not be used for residence purposes. Nothing in this Section shall prevent the temporary use of a construction shack and/or trailer during the construction of any approved dwelling and/or during the development of the Property by Declarant. Section 10.7 Construction. The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted. All structures shall be completed as to external appearance, including siding on the front of the structure and also including finish painting, within six (6) months from the date of commencement of construction. Except with the advanced written approval of the ACC, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Control Architect or ACC have been fully completed to the reasonable satisfaction of the ACC. Section 10.8 Setbacks. No building shall be located on any Lot nearer to the front Lot line or nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the Plat and/or as shown on the recorded Plat. [00348830] '~ ~ Page 19 of 57 3907146 03/02/2007 01:33 PM Covenant Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 Section 10.9 Exterior Li hg tiny. Exterior lighting of any sort that would be visible from any street or from any other Lot shall not be installed without first obtaining advanced written approval of the ACC. Section 10.10 Roofs. Roofing materials shall be 3-tab composition roofing with a minimum life span of 20 years, subject to the condition that the ACC, in its sole discretion and upon request, may permit substitution of other roofing materials. Section 10.11 Driveways. All driveways, including any access to the rear yard of any residence, shall be of a hard surface construction of concrete. Section 10.12 Exterior Finish. The front elevation of each home shall be finished with cedar, brick, vinyl lap or bevel lap siding. Panel siding, "T-1-11" or the equivalent is specifically not permitted on the front elevation. All colors and any other type material shall be approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrapped. Section 10.13 Building Materials. All improvements constructed on any Lot shall be built of new materials, with the exception of "decor" items such as used brick and similar items. The ACC will determine if a used material is a "decor" item. In making this determination, the ACC will consider whether the material harmonizes with the aesthetic character of the other residences and whether the material would add to the attractive development of the Plat. Section 10.14 Garbage and Refuse Disposal. No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened from public view. Section 10.15 Storage and Placement of Building Materials. No building material of any kind shall be placed or stored upon any portion of the Property in the Plat until the Owner is ready to commence construction; then such material shall be placed only within the boundary of the Lot upon which structures are to be erected and shall not be placed in the street or on any Common Area. Section 10.16 Nuisances. No noxious or undesirable thing or noxious or undesirable use of the Property shall be permitted or maintained whatsoever. The ACC's determination shall be conclusive with respect to any undesirable or noxious: (a) Object; and/or (b) Use of the Property. The ACC may recommend and the Board may direct that steps be taken as are reasonably necessary, including institution of a legal action of the imposition of fines to abate any activity, remove anything or terminate any use which is determined by the ACC or described in this Declaration to constitute a nulsance. Section 10.17 Signs. No sign of any kind shall be placed on the Property, except: (a) Signs identifying the Owner and address of the Lot; or (b) Signs designating a Lot or residence for sale or rent. No such signs shall be of a size greater than two feet (2') square (e.g. four square feet) and shall not be of a nature offensive or obnoxious to Owners within the Plat. No business signs, advertising signs or signs in any way relating to occupation or profession shall be allowed. None of the foregoing provisions shall apply to signs placed upon the Property by the Declarant during the initial development of the Plat. 3907146 Page 20 of 57 [00348830] 03!02!2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 Section 10.18 Oil and Minins? Operations. Oil drilling or oil development operations, refining, mining operations of any kind or the operation of quarries, gravel and sand pit, solid removing or topsoil stripping shall not be permitted on any of the Lots. No oil wells, tanks, tunnels, mineral excavations or shafts shall be permitted. No derrick or other structures designed for use in boring for oil or natural gas shall be erected, maintained or permitted on any Lot. Section 10.19 Individual Water Systems. No individual water supply systems shall be permitted on any Lot. Section 10.20 Clotheslines. No outdoor clotheslines shall be located on any Lot. Section 10.21 Fuel Tanks. No fuel tank shall be maintained above ground on any Lot, unless screened from view in a manner satisfactory to the ACC as evidenced by a written advanced approval. No underground fuel tanks shall be placed, buried or maintained on the Property. Section 10.22 Excavation. Except with the advanced written approval of the ACC, or except as may be necessary in connection with the construction of any improvement, no excavation shall be made on nor shall any dirt be removed from any Lot. Section 10.23 Animals. No animals, livestock or poultry of any kind, other than household pets, shall be kept or maintained on any part of the Property. Dogs and cats, not to exceed a total of two (2), may be kept on any Lot, provided that they are not kept, bred or maintained for any commercial use or purpose. No reptiles shall be kept upon the premises. Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration. Animals shall not be allowed to roam loose outside the boundaries of the Lot upon which they are kept. Section 10.24 Cutting of Trees. Except as provided in Section 9.2 above, no cutting of trees on the Property shall be permitted without the advanced written approval of the ACC. Section 10.25 Natural Drainage. The Owner of any Lot shall not take any action which would interfere with surface water drainage across that Lot either through natural drainage or drainage easements. Except with the advanced written approval of the ACC, the natural drainage course over any Lot shall not be changed. Section 10.26 Vehicle Parkin. No vehicle may be parked on any building Lot, except on designated and approved driveways or parking areas, which areas shall be hard-surfaced. Not withstanding the foregoing, no vehicle may be parked within the area designated on the face of the Plat as a "shared driveway." Any hard surfaces shall be constructed only in accordance with the site plan approved in writing in advance by the ACC. Only the cars of temporary guests and visitors may be parked on the public streets. All other vehicles shall be parked in garages or on designated and approved driveways or parking areas located entirely on a Lot. Section 10.27 Inoperable Vehicles. No inoperable vehicles, motorcycles or other motorized apparatus shall be stored on the Lots, the Common Areas, the streets or anywhere within the Plat. If an Owner refuses to remove an inoperable vehicle, the ACC shall have the ower to remove the vehicle at the Owner's expense at anytime 24-hours after the posting of an intent to tow notice conspicuously on the vehicle. Section 10.28 Recreational Vehicle Prohibition. Except with the advanced written approval of the ACC, Owners at no time shall keep or permit to be kept on their Lot any house trailer, unattached camper, recreational vehicle ("RV"), boat or boat trailer, unless the same is housed within a garage or located in the rear yard and suitably screened from view from the street and adjacent Lot(s) [00348830] 3907146 Page 21 of 57 03102!2007 ©1:33 PM Covenant Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC IIIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIII II IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01/31/07 using a solid board fence at least six (6) feet in height the design of which has been approved by the ACC in advance of the commencement of its construction. Section 10.29 Recreational Vehicle Limited Exception. Owners who have guests visiting them intending to stay in a camper, trailer, or other form of recreational vehicle may secure written permission from the ACC for guests to park a vehicle upon the Lot or the public street for a time not to exceed seventy two (72) hours in any calendar year. The privilege shall only exist, however, after the written permission has been obtained from the ACC, or its authorized representative. An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway or other unscreened area for twenty-four (24} hours for the purpose of preparing for departure or upon return to facilitate preparation and return from travel. Section 10.30 Repair of Vehicles or Equipment. No repair or dismantling of any automobile, motorcycle, other vehicle or equipment shall be permitted on the Property; except within enclosed garage which are kept closed. No mechanical repairs shall be conducted upon the premises; except minor maintenance and mechanical work by an Owner on said Owner's private vehicle; provided that any such conduct be in a manner which is not offensive to persons residing in the Plat, is not unsightly, does not result in unusual noise or debris being placed upon the Property and is in keeping with afirst-class residential community. Section 10.31 Utility Lines; Radio and Television Antennas and Dishes. All electrical service, telephone lines and other outdoor utility lines shall be placed underground. No exposed or exterior radio or television transmission or receiving antennas or dishes shall be erected, placed, or maintained on any part of a Lot if they are visible from any street unless it is approved in advance in writing by the ACC prior to installation or construction. Any waiver of these restrictions shall not constitute a waiver as to other Lots or lines, antennas or dishes. Section 10.32 Firearms and Fireworks. No firearms or fireworks of any kind shall be discharged within the Plat. Section 10.33 Dirt Bikes and/or ATVs. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATVs, etc., shall be permitted on any road within the Plat, nor shall dirt bikes or ATVs be permitted to operate on any Lot within the Plat. ARTICLE XI INSURANCE REQUIREMENTS The Association shall continuously maintain in effect such casualty, flood and liability insurance and/or fidelity bonds needed to meet the insurance and fidelity bond requirements, if any, for a planned unit development project established by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot within the project, except to the extent such coverage is not available or has been waived in writing by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association. ARTICLE XII DAMAGE OR DESTRUCTION Section 12.1 In the event of damage or destruction to all or part of the Common Areas, the insurance proceeds, if sufficient, shall be applied to repair, reconstruct or rebuild the damaged and/or destroyed Common Areas in accordance with the original plans. Such repair, reconstruction or rebuilding shall be arranged for promptly by the Board. [00348830) ~ ~ Page 22 of 57 3907146 ©hu0sto00County3WashingtonCovenant MOUNTAIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01 /31 /07 Section 12.2 If the insurance proceeds are insufficient to pay for the cost to repair the Common Areas, the Board shall promptly, but in no event later than ninety (90) days after the date of damage or destruction, give notice to and conduct a special meeting of the Owners to review the proposed repairs, replacement, and reconstruction, as well as the projected cost of such repairs, replacement or reconstruction. The Owners shall be deemed to have approved the proposed repairs, replacement, and reconstruction as proposed by the Board at that meeting, unless the Owners decide by an affirmative vote of fifty-one percent (51%) of the total votes cast at such meeting (provided a quorum exists), to repair, replace, or reconstruct any portion of the Common Areas in accordance with the original plan in a different manner than that proposed by the Board. In any case, however, use of hazard insurance proceeds for other than repair, replacement, or reconstruction of any portion of the Common Areas in accordance with the original plans shall not be permitted without the prior written approval of at least sixty-seven percent (67%) of the First Mortgagees (based on one (1) vote for each First Mortgage owned) or Owners (if there is no First Mortgage on that Lot) of the Lots. ARTICLE XIII CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any balance remaining shall be retained by the Association. In the highly unlikely event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu of or in avoidance thereof, the condemnation award shall remain in the Association as additional working capital. No proceeds received by the Association as the result of any condemnation shall be distributed to any Owner or to any other party in derogation of the rights of the First Mortgagee of any Lot. ARTICLE XIV MORTGAGEES' PROTECTION Section 14.1 As used in this Declaration: (a) "mortgagee" includes the beneficiary of a deed of trust, a secured party, or other holder of a security interest; (b) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a security agreement; and (c) "institutional holder" means a mortgagee which is a bank or savings and loan association or established Mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency. Section 14.2 The prior written approval of at least seventy-five (75) percent of the First Mortgagees (based on one vote for each first Mortgage owned) of the individual Lots shall be required for each of the following: (a) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Association, including, but not limited to, any amendment which would change the ownership interests of the Owners in the Plat, change the pro rata interest or obligation of any individual Owner for the purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards; (b) The effectuation of any decision by the Association to terminate professional management and assume self-management (however this shall not be deemed or construed to require professional management); (c) Partitioning or subdividing any Lot; (d) Any act or omission seeking to abandon, partition, subdivide, encumber, sell or transfer any portion of the Common Areas; provided, however, that the granting of easements for [00348830] 19 3907146 Page 23 of 57 03102!2007 01:33 PM Covenant Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII 01/31/07 public utilities or other public purposes consistent with the intended use of the Common Areas shall not be deemed a transfer within the meaning of this clause; (e) Any act or omission seeking to change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of buildings and other improvements, the maintenance of common areas, landscaping, perimeter fencing, or to the upkeep of lawns and plantings on the Property; (f) Any act or omission whereby the Association fails to maintain fire and extended coverage on insurable Common Areas or commonly owned property on a current replacement cost basis in an amount not less than one-hundred percent (100%) of the insurable value (based on current replacement costs); and (g) Use of hazard insurance proceeds for losses to any common property for other than the repair, replacement or reconstruction of such damaged or destroyed Common Areas. Section 14.3 Each First Mortgagee (as well as each Owner) shall be entitled to timely written notice of: (a) Any significant damage or destruction to the Common Areas; (b) Any condemnation or eminent domain proceeding effecting the Common Areas; (c) Any default under this Declaration or the Articles of Incorporation or Bylaws which gives rise to a course of action against the Owner of a Lot subject to the mortgage of such institutional holder or insurer, where the default has not been cured in thirty (30) days; and (d) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association. Section 14.4 Each First Mortgagee shall be entitled, upon request, to: (a) Inspect the books and records of the Association during normal business hours; (b) Require the preparation of, at its sole expense, and, if preparation is so required, receive an annual audited financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year; and (c) Receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings. Section 14.5 First Mortgagees of any Lot may, jointly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Areas, and may pay overdue premiums on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Areas, and the First Mortgagees making such payments shall be owed immediate reimbursement therefor from the Association. ARTICLE XV GENERAL PROVISIONS Section 15.1 Bindin Effect. All present and future Owners and/or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time. The acceptance of a deed or conveyance and/or the entering into occupancy of any Lot shall constitute an agreement that the [00348830] 20 3907146 Page 24 of 57 ©310212©07 01:33 PN Covenant Thurston County Washington NOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII II II III I VIII IIII IIII 01 /31 /07 provisions of this Declaration, the Articles of Incorporation, the Bylaws, and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to the covenants running with the land and shall bind any person having at any time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed, conveyance, rental agreement or lease thereof. Section 15.2 Enforcement. The Declarant, Association and any Owner shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Declarant, Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the party found to be: (a) In violation of said condition, covenant, reservation, restriction or any provision of this Declaration; or (b) Delinquent in the payment of said lien or charge. Section 15.3 Failure to Enforce. No delay or omission on the part of the Declarant, Association or the Owners of Lots in exercising any rights, power, or remedy provided in this Declaration shall be construed as a waiver of or acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarant for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. Section 15.4 Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provision included in this Declaration which shall remain in full force and effect. Section 15.5 Interpretation. In interpreting this Declaration, the term "person" may include natural persons, partnerships, limited liability companies, corporations, associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Property by providing a common plan for the development of the Plat. Section 15.6 Amendment. The covenants and restrictions of this Declaration shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after which time they shall be automatically extended for successive periods of ten (10) years. This Declaration may be amended at any time by a vote of seventy-five percent (75%) of the Members subject to the limitations set forth in this Declaration (e.g., Sections 15.7 and 15.8, etc.). Any amendment must be in writing, signed by the approving Members or Owners, and prior to its effectiveness, must be recorded with the Thurston County Auditor's office. Section 15.7 Power of Declarant to Amend to Meet Financing Requirements. Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of any Owner, at any time prior to the time it has sold and closed seventy-five (75%) percent of the Lots, amend this Declaration by an instrument signed by Declarant alone in order to satisfy the requirements of the Federal Mortgage Agencies. [00348830] ~ ~ 3907146 Page 25 of 57 03/02/2007 01:33 PN Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC 01 /31 /07 Section 15.8 Certain Rights of Declarant. For such time as Declarant shall own Lots there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: (a) Discriminate or tend to discriminate against the Declarant's rights as an Owner. (b) Change Article I ("Definitions") in a manner that alters Declarant's rights or status. (c) Alter the character and rights of membership or the rights of Declarant as set forth in Article N. (d) Alter previously recorded or written agreements with public or quasi-public agencies regarding Mountain Shadow. (e) Alter Article VII, Sections 7.4, 7.5, 7.6 or 7.7; (f) Alter its rights as set forth in Articles VIII and IX relating to architectural controls. (g) Alter the basis for Assessments. (h) Alter the provisions of the use restrictions as set forth in Article X. (i) Alter the number or selection of Directors as established in the Bylaws. (j) Alter the Declarant's rights as they appear under this Article. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this / ST day of f~~~c~f~/2 ~ , 2007. MOUNTAIN SHADOW INVESTMENTS, LLC. a Washington limited liability company By: ( Date: ~ ~ ~ ~ ~ ~ O Member By. Date: Member [00348830] 22 page 26 of 57 3907146 Covenant ©3l02/20D7 01:33 PM Thurston County Washington MDUNTRIN SHRDDW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII (IIII VIII VIII VIII VIII IIII IIII 01/31/07 STATE OF WASHINGTON ) -ss COUNTY OF PIERCE ) I certify that I know or have satisfactory evidence that ~~~' ~ ~ ~~ V1t,t.C~t/~ is the person who appeared before me, and said person acknowledged that he signed this instrument as a Member of Mountain Shadow Investments, LLC., a Washington limited liability company and acknowledged it to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in this instrument. Dated: ~~~--t~~ ~ , ~'~~ Notary Stamp ```,~~i~~<</ri~~~' '~. ~~ R. A(/,~,~ ~ _ `NOTARY' ~`~' _ _ ".~ • •- =. PUB L1C , y~-. ,~ STATE OF WASHINGTON ) -ss COUNTY OF PIERCE ) ~ ~ ~~ ,~ ~. ~~. Type/Print Name Notary Public in and for the state of Washington My appointment expires: ~ -~~~--~~ I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument as a Member of Mountain Shadow Investments, LLC., a Washington limited liability company and acknowledged it to be the free and voluntary act of such limited liability company for the uses and purposes mentioned in this instrument. Dated: Notary Stamp 3907146 Page 27 of 57 [00348830] 03l02l20D7 01:33 PM Covenant Thurston County Washington NOUNTgIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Type/Print Name Notary Public in and for the state of Washington My appointment expires: 01 /31 /07 Exhibit List Exhibit "A" Legal Description for Mountain Shadow Exhibit "B" Development Plan for Mountain Shadow Exhibit "C" Articles of Incorporation for Mountain Shadow Homeowners Association Exhibit "D" Bylaws for Mountain Shadow Homeowners Association Exhibit "E" Legal Description of Common Areas Exhibit "F" Fence Design Guidelines [00348830] 24 page 28 of 57 3907146 covenant 0310212007 01:33 PM Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII I 01 /31 /07 EXHIBIT "A-" LEGAL DESCRIPTION FOR MOUNTAIN SHADOW LOTS 1 THROUGH 82, INCLUSIVE; AND TRACT A OF THE PLAT OF MOUNTAIN SHADOW AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. ~~~ ~ ~ ~ ~'' SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. [00348830] 3907146 Page 29 of 57 03102!2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII (IIII VIII IIII IIII 01 /31 /07 EXHIBIT "B" DEVELOPMENT PLAN FOR MOUNTAIN SHADOW Lots 1 through 82, inclusive; and Tract A of the Plat of Mountain Shadow as recorded under Thurston County Auditor's File No. - ~O~ rj~ ~L{ ~ Situate in the County of Thurston, State of Washington. [00348830] 3907146 Page 30 of 57 03/02/2007 01:33 PN Covenant Thurston County Washington MOUNTgIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII I III IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII III 01/31/07 EXHIBIT "C" ARTICLES OF INCORPORATION FOR MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION [00348830] 3907146 Page 31 of 57 ©3!0212007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDDW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Exhibit "C" to Declaration of Covenants, Conditions and Restrictions of Mountain Shadow ARTICLES OF INCORPORATION FOR MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION [00348852] 3907146 Page 32 of 57 ~hu0sto©OCounty3WashingtonCovenant NOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII CONTENTS ARTICLE I NAME ................................................................................................................... .1 ARTICLE II DURATION .......................................................................................................... .1 ARTICLE III PURPOSES ............................................................................................................ 1 ARTICLE IV POWERS ................................................................................................................ 1 ARTICLE V DISSOLUTION ...................................................................................................... 2 ARTICLE VI REGISTERED OFFICE AND AGENT ................................................................. 2 ARTICLE VII MANAGEMENT ................................................................................................... 2 ARTICLE VIII DIRECTORS .......................................................................................................... 2 ARTICLE IX LIMITATION OF DIRECTOR LIABILITY ......................................................... 3 ARTICLE X INDEMNIFICATION OF DIRECTORS &OFFICERS ........................................ 3 ARTICLE XI INCORPORATOR ................................................................................................. 3 ARTICLE XII EARNINGS ............................................................................................................ 3 ARTICLE XIII MEMBERS ............................................................................................................ 3 ARTICLE XIV AMENDMENT ...................................................................................................... 4 ARTICLE XV TERMS ................................................................................................................... 4 3907146 Page 33 of 57 031©2/2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ARTICLES OF INCORPORATION OF MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION ~.r/iy~,,t . ~'~,~,,J ~NIKt5fA~1~~/J..G, for the purpose of forming a nonprofit corporation under Chapter 24.03 of the Revised Code of Washington, adopts the following Articles of Incorporation: ARTICLE I Name The name of the corporation is the MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION, hereinafter referred to as the "Association." ARTICLE II Duration The period of duration of the Association is perpetual. ARTICLE III Purposes The Association is organized exclusively as a homeowners association within the meaning of Section 528 of the Internal Revenue Code of 1986 (or the corresponding provision of any future U.S. Internal Revenue law). This Association does not contemplate pecuniary gain or profit to its members. The specific purposes for which this Association is formed are to provide for the maintenance, preservation, and architectural control of the buildings, grounds, and Common Areas within a residential development (the "Property") located in Thurston County, Washington that is commonly referred to as Mountain Shadow. The Property is subject a ertain Declaration of Covenants, Conditions and Restrictions recorded on ~ under Thurston County Auditor's File No. (the "Declaration"), which authorizes the formation of the Association. The Association will promote the health, safety, and welfare of the residents within the Property, all in accordance with the provisions of the Declaration. ARTICLE IV Powers Without limiting the foregoing, the Association has the authority to exercise any powers conferred by the Declaration, or Bylaws, as currently enacted or hereafter amended or superseded; exercise all other powers that may be exercised in this state by the same type of corporation as the Association; and exercise any other powers necessary and proper for the governance and operation of the Association. 1 page 34 of 57 3907146 covenant 03/©2/2007 01:33 PM Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII ARTICLE V Dissolution The Association may be dissolved with the assent given in writing and signed by eighty percent (80%) of the votes in the Association that are allocated. Upon dissolution of the Association, other than incident to a merger or consolidation, the assets of the Association will be dedicated to an appropriate public agency to be used for purposes similar to those for which this Association was created. In the event that such dedication is not accepted, or in the event that there is not an appropriate public agency, such assets will be granted, conveyed, and assigned to any nonprofit corporation, association, trust or other organization or allocated in an undivided interest to each Owner of a Lot within the property to be devoted to such similar purposes. ARTICLE VI Registered Office and Agent The address of the initial registered office of the Association is 6005 - 160th St. E., P.O. Box 73130, Puyallup, WA 98373-0130. The name of the registered agent at that address is Robert Benum. ARTICLE VII Management A Board of Directors will manage the affairs of the Association. The right to make, alter, or repeal the Bylaws of the Association is vested in the Board of Directors as set forth in the Bylaws. ARTICLE VIII Directors The number of Directors constituting the initial Board of Directors of the Association is three (3), and the names and addresses of the persons who are to serve as Directors until the earlier of: (i) the first annual meeting of the members; or (ii) until their successors are elected and qualified are as follows: ~DS~2T f3~.vtJM ~o.?3i3a ~~~at,w~. uy~1. ~837'~ Garza Hti/,~T t~ ~? D. 73 r 30 1~~~-.1ya, 9,~37~ 2 Page 35 of 57 3907146 Covenant p3/0212007 01:33 PM Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC ~uuu III 111111 IIIII IIII 111111 Ilill IIII 1111111 ~~~~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~~ ~~~~ ~~~~ ~.v. 73 ~ 3v ?~~U~~~d. q£337~ The number, qualifications, terms of office, manner of election, time and place of meetings, and powers and duties of the Directors are prescribed in the Bylaws. ARTICLE IX Limitation of Director Liability A Director of the Association is not personally liable to the Association or its members for monetary damages for conduct as a Director, except for liability of the Director: (i) for acts or omissions which involve intentional misconduct by the Director or a knowing violation of law by the Director; or, (ii) for any transaction from which the Director will personally receive a benefit in money, property, or services to which the Director is not legally entitled. If the Washington Nonprofit Corporation Act is amended to authorize corporate actions further eliminating or limiting the personal liability of Directors, then the liability of a Director of the Association is eliminated or limited to the fullest extent permitted by the Washington Nonprofit Corporation Act, as amended. Any repeal or modification of the foregoing paragraph by the Members of the Association will not adversely affect any right or protection of a Director of the Association existing at the time of such repeal or modification. ARTICLE X Indemnification of Directors and Officers The Association indemnifies its Directors and Officers against all liability, damage, and expenses arising from or in connection with service as Directors and Officers with this Association to the maximum extent and under all circumstances permitted by law. ARTICLE XI Incorporator The name and address of the incorporator is Mountain Shadow Investments, LLC. ARTICLE XII Earnings No part of the net earnings of the Association inures to the benefit of any Member or other individual other than by acquiring, constructing, or providing management, maintenance, and care of Association property, and other than by a rebate of excess membership dues, fees, or assessments. ARTICLE XIII Members Every Owner of a Lot is a member of this Association. Membership is appurtenant to and may not be separated from ownership of any Lot that is subject to assessment. Natural persons, partnerships, corporations, trusts, or other lawful business entities may own or have an ownership interest in a Lot. 3907146 Page 36 of 57 ©3!02!2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC III III IIII III I III I IIII I III III I VIII III III III VIII IIII IIII III III IIII ARTICLE XIV Amendment These Articles may be amended by the assent of sixty-seven percent (67%) of the entire membership; provided, however, that the Board of Directors has the authority to appoint a new registered agent, and the Directors shall be appointed or elected as stated in the Bylaws. ARTICLE XV Terms The terms used in these Articles of Incorporation have the same meaning as in the Declaration. IN WITNESS WHEREOF, for the purpose of forming this Association under the laws of the State of Washington, the undersigned, constituting the incorporator of this Association, has executed these Articles of Incorporation this dZ day of /L//r}/LGN- , 2007. INCORPORATOR: 4 Page 37 of 57 3907146 covenant ©31212007 01:33 PM Thurston County Washington I'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MOUNTAIN SHRDOW IN~IIIIIIIIIIIIIIIILc I IIIIIII III IIIIII VIII IIII IIIIII III ARTICLES OF INCORPORATION FOR MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION 3907146 Page 38 of 57 ©3/02!2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIII IIIIIIIIIIII IIII'VIIIVIIIVIIIVIIIIIIIIIII CONSENT TO APPOINTMENT AS REGISTERED AGENT FOR MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION I, Robert Benum, do hereby consent to serve as Registered Agent in the State of Washington, for Mountain Shadow Homeowners Association, a Washington nonprofit corporation. I understand that as agent for the corporation, it will be my responsibility to receive service of process in the name of the corporation, to forward all mail to the corporation, and to immediately notify the office of the Secretary of State in the event of my resignation or of any changes in the registered office address of the corporation for which I am agent. DATED this ~ 5T day of ~r~y/~/Ly , 2007. Registered Office Address: Robert Benum 6005 - 160`h St. E. P.O. Box 73130 Puyallup, WA 98373-0130 00348953 3907146 Page 39 of 57 03!©2!2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII CONSENT IN LIEU OF ORGANIZATIONAL MEETING OF BOARD OF DIRECTORS OF MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION A Washington Nonprofit Corporation Pursuant to RCW 24.03.465, the undersigned, constituting all of the Board of Directors of the above referenced Washington Nonprofit Corporation (hereinafter referred to as "Association"), acting without a meeting in their respective capacities as Directors, do unanimously consent to the taking of the actions set forth in these Resolutions: BE IT RESOLVED that the Declaration of Covenants, Conditions and Restrictions recorded under Thurston County Auditor's File No. ~~ ~1~~ (~'~~v (the "Declaration"), authorizing the formation of an Association and limiting membership in this Association to owners of Lots is adopted as the Declaration for this Association, a copy of which is attached as Exhibit "A" and is incorporated by this reference. BE IT FURTHER RESOLVED that the Bylaws are adopted as the Bylaws for this Association, a copy of which is attached as Exhibit "B" and is incorporated by this reference. BE IT FURTHER RESOLVED that the following persons are elected to the positions indicated below for a term of one year, said term to begin on 03 DL aU0~7 ,and to continue until replaced by new officers el tece d by the Board in accordance with the Bylaws of the Association. The positions and persons elected to those positions are as follows: President (~0~,~2~ 13~~VJI~I Vice President C-~i4R-~ l-~~4'T ~'4' Secretary /Treasurer /~µY ~L BE IT FURTHER RESOLVED that the President and Secretary of the Association are authorized to designate any bank or trust company in any city in the United States (the "Bank") as a depository for the funds of the Association. The Association will open and keep with each Bank one or more bank accounts under any designation(s) which the President and Secretary deem necessary and proper. The endorsements for deposit may be made by written or stamped endorsements of the Association, without designation of the person making the endorsement. Each Bank is authorized to honor and pay checks or other orders for the payment of money drawn in the name of the Association when signed by either the President or Vice President of the Association. BE IT FURTHER RESOLVED that the President and Secretary of the Association are authorized to open such accounts with any Bank using the Bank's standard form of banking resolution, each of which is hereby approved and adopted. 3907146 Page 40 of 57 Covenant 03/©212007 01:33 PM Thurston County Washington 00348855] _ 1 ~ ~~~~~~~ ~~~ ~~~~~~IIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII BE IT FURTHER RESOLVED that the Association consents to and ratifies all pre-incorporation actions, contracts, and obligations of any kind relating to Mountain Shadow and to the Association by: (i) Robert Benum; (ii) J~i3yNTdi/~/ ~~~ /.y~sMirttTS; and (iii) the members, employees and agents of same. j,LG The execution of this Consent constitutes a written waiver of any notice required by Washington law and this Association's Articles of Incorporation and Bylaws. DATED this ,2'Yv day of /~ll~f2.Ll~" , 2007. DIRECTORS: ~~ 00348855] 3907146 Page 41 of 57 D3/~2/2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII EXHIBIT "D" BYLAWS FOR MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION [00348830] 3907146 Page 42 of 57 03/02/2007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII EXHIBIT "D" BYLAWS FOR MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION BYLAWS OF MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION 39@7146 Page 43 of 57 03!0212007 01:33 PM Covenant Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII CONTENTS Article I Name and Location 1 Article II Definitions 1 Article III Meetings of Members 1 Article IV Board of Directors; Selection; Term of Offices 2 Article V Standard of Care for Directors 3 Article VI Meetings of Directors 4 Article VII Powers and Duties of Board of Directors 4 Article VIII Officers and Their Duties 6 Article IX Committees ~ Article X Books and Records ~ Article XI Amendments ~ Article XII Indemnification of Directors and Officers 8 Article XIII Transactions Involving Directors 8 Article XIV Attorney Fees 9 Article XV Venue 9 Article XVI Fiscal Year 9 3907146 Page 44 of 57 ©310212007 01:33 PN Covenant Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII I II IIIIII VIII IIII IIIIIII VIII IIII IIIIIII VIII IIII VIII VIII IIII IIII BYLAWS OF THE MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION ARTICLE I Name and Location The name of the corporation is Mountain Shadow Homeowners Association, hereinafter referred to as the "Association." The mailing address of the principal office of the Association will be _ o.~,,c ? 313a 1~V`14u-J~ (J~. ~'S373 ,but meetings of members and directors may be held at such places within the State of Washington, County of Thurston, as may be designated by the Board of Directors. ARTICLE II Definitions The terms used in these Bylaws have the same meaning as those used in the Declaration of Covenants Conditions and Restrictions for Mountain Shadow that was recorded on - c~ ~ d 7 under Thurston County Auditor's File No. ~_`~ (the "Declaration"). ARTICLE III Meetings of Members Section 1. Annual Meetings. The first annual meeting of the Members will be held at the discretion of the original Directors within one (1) year from the date of incorporation of the Association. Thereafter, annual meetings will be held on the anniversary of such date in each succeeding year, or on such date as approved by a majority of the membership if they decide the annual meeting should be held on another date for each succeeding year. If the anniversary date of the annual meeting of the Members is a Saturday, Sunday, or legal holiday, the meeting will be held at the same hour on the first day following which is not a Saturday, Sunday, or legal holiday. Section 2. Special Meetings. Special meetings of the Members may be called at any time by the president, a majority of the Directors, or on written request of Members entitled to vote, in the aggregate, ten percent (10%) or more of the votes. Section 3. Notice of Meetings. Written notice of each meeting of the Members will be given by, or at the direction of, the Secretary or other person authorized to call the meeting, by hand delivering or by mailing a copy of such notice, postage prepaid, not less than fourteen (14) nor more than sixty (60) days before such meeting to each Member entitled to vote at the meeting, addressed to the Member's address last appearing on the books of the Association, or supplied in writing by such Member to the Association for the purpose of notice. Such notice will specify the place, day, and hour of the meeting, and the items on the agenda to be voted on by the Members, including the general nature of any proposed amendment to the Declaration, Articles of Incorporation, or Bylaws, changes of a previously approved budget that result in Assessment obligations, and any proposal to remove a Director or officer. All meetings will be held at such place as is convenient for the Members as determined by the Board of Directors, but in any event, in Thurston County, Washington. [00348853] 1 3907146 Page 45 of 57 @3/02/2@D7 @1:33 PM Covenant Thurston County Washington MOUNTAIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 4. uorum. Except as set forth and required in Sections 6.3 and 6.5 of the Declaration, the presence at the beginning of any meeting of Members entitled to cast fifty-one percent (51%) of the votes of the Association constitutes a quorum throughout that meeting for any action. If a quorum is not present or represented at any meeting, the Members entitled to vote may adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum is present or represented. Section 5. Manner of Voting. At all meetings of Members, each Member may vote in person, by mail, or by proxy. When more than one (1) person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be divisible and exercised as the Owners determine, but in no event shall more than one (1) vote be cast with respect to any Lot. A voting agent may be designated by the Owner or Owners of a Lot by written notice signed by each party with an ownership interest and filed with the Secretary of the Board of Directors. The voting agent need not be an Owner. Any designation of voting agent may be revoked at any time by any one of the parties with an ownership interest in the Lot on written notice filed with the Secretary of the Board of Directors. Such designation is deemed revoked when the Secretary receives actual notice of the death or judicially declared incompetence of the Owner of the Lot, or of the conveyance of such ownership interest. When no designation is made, or where designation has been made and revoked and no new designation has been made, the voting agent is the person or group composed of all Owners of that Lot who attend any meeting of the Association. A proxy is void if it is not dated or purports to be revocable without notice. Unless stated otherwise in the proxy, a proxy terminates eleven (11) months after its date of issuance. Section 6. Classes. The Association shall have two (2) classes of voting membership: (a) Class "A." Class "A" Members shall be all Owners, with the exception of Declarant, and shall be entitled to one (1) vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be Members. The vote for such Lot shall be divisible and exercised as the Owners determine, but in no event shall more than one (1) vote be cast with respect to any Lot. (b) Class "B." The Class "B" Member shall be the Declarant, and shall be entitled to five (5) votes for each Lot that may be created on the Property as depicted on the Development Plan. The Class "B" Membership shall cease and be converted to Class "A" Membership upon the happening of either of the following events, whichever occurs earlier: (i) When the total votes in the Class "A" Membership equals or exceeds the total votes in the Class "B" Membership, which will occur upon the Declarant's sale of the 69th`h Lot out of the 82 Lots envisioned in the Development Plan; or (ii) On January 1, 2022. ARTICLE IV Board of Directors; Selection; Term of Office Section 1. Number of Directors. A Board of Directors manages the affairs of the Association. The Board has three (3) Directors. Until succeeded by the Directors elected by the Owners, the Directors need not be Lot Owners. [00348853] 2 Page 46 of 57 3907146 covenan t 03l02l20D7 ©1:33 PM Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 2. Compensation. No Director may receive compensation for any service rendered to the Association. Section 3. Term of Office. The members of the first Board of Directors elected entirely by the Owners will serve terms of office as follows: one (1) Director will serve for a term of one (1) year; one (1 } Director will serve for a term of two (2) years and one (1) Director will serve for a term of three (3) years. At each annual meeting after the initial Board is elected, the Members will elect to a two- (2) year term one (I) new Director for each Director whose term has expired that year. Section 4. Removal. Any Director may be removed, with or without cause, upon the affirmative vote of a majority of the Members entitled to vote in the Association present, in person or by proxy, at a properly called meeting at which a quorum is present. ARTICLE V Standard of Care for Directors Section 1. Standard. A Director performs the duties of a Director, including the duties as a member of any committee of the Board upon which the Director may serve, in good faith, in a manner such Director believes to be in the best interests of the Association, and with such care, including reasonable inquiry, as an ordinarily prudent person in a like position would use under similar circumstances. In performing the duties of a Director, a Director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, in each case prepared or presented by: (a) One or more officers or employees of the Association whom the Director believes to be reliable and competent in the matter presented; (b) Counsel, public accountants, or other persons as to matters which the Director believes to be within such person's professional or expert competence; or, (c) A committee of the Board upon which the Director does not serve, duly designated in accordance with a provision in the Articles of Incorporation or Bylaws, as to matters within its designated authority, which committee the Director believes to merit confidence; so long as, in any such case, the Director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. This section does apply where the consequences of an act, omission, error, or negligence are covered by the insurance obtained by the Board. Section 2. Amendment. If the statutory standard of care is, at any time, different than the standard of care set forth in these Bylaws, the Bylaws are deemed amended so that the standard of care is that standard set forth statutorily for nonprofit corporations in the state of Washington. 3907146 Page 47 of 57 ©3102/20D7 01:33 PM Covenant [00348853] MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII (IIII VIII VIII (IIII VIII IIII IIII ARTICLE VI Meetings of Directors Section 1. Regular Meetings. Regular meetings of the Board of Directors will be held no less than one (1) time a year at such place and hour as may be fixed by the Board of Directors. Notice will be given annually to the Directors of next year's meetings times. Section 2. Special Meetings. Special meetings of the Board of Directors will be held when called by the president of the Association, or by any Director, after not less than three- (3) days notice to each Director. The meeting will be held at the same place as the regular meetings, unless unavailable, in which event the president will designate the place of the special meeting. Section 3. uorum. A quorum is deemed present throughout any meeting of the Board of Directors if a majority of the Board of Directors are present at the beginning of the meeting. Directors present through use of telephone are deemed present for purposes of a quorum and may vote by telephone. Every act or decision done or made by a majority of the Directors present at a duly held meeting at which a quorum is present shall be regarded as an act of the Board. Section 4. Open Meetings. Except as provided in this subsection, all meetings of the Board of Directors are open for observation by all Members of record and their authorized agents. The Board of Directors will keep minutes of al] actions taken by the Board, which shall be available to all Members. Upon the affirmative vote in an open meeting to assemble in closed session, the Board of Directors may convene in closed executive session to consider personnel matters; consult with legal counsel or consider communications with legal counsel; and discuss likely or pending litigation, matters involving possible violations of the governing documents of the Association, and matters involving the possible liability of a Member to the Association. The motion will state specifically the purpose for the closed session. Reference to the motion and the stated purpose for the closed session are to be included in the minutes. The Board of Directors will restrict the consideration of matters during the closed portions of meetings only to those purposes specifically exempted and stated in the motion. No motion or other action adopted, passed, or agreed to in closed session may become effective unless the Board of Directors, following the closed session, reconvenes in open meeting and votes in the open meeting on such motion, or other action which is reasonably identified. The requirements of this subsection do not require the disclosure of information in violation of law or which is otherwise exempt from disclosure. ARTICLE VII Powers and Duties of Board of Directors Section 1. Powers. The Board of Directors has the power to do the following: (a) Exercise for the Association all powers, duties, and authority vested in or delegated to this Association and not reserved to the Members of the Association by other provisions of these Bylaws, the Articles of Incorporation, the Declaration or as set forth in Ch. 64.38 RCW, as currently enacted or hereafter amended; (b) As necessary to pursue the Association responsibilities, employ an independent contractor, or such other employees as the Board deems necessary, and to prescribe their duties; and, [00348853] 3907146 Page 48 of 57 Covenant 0hu0sto00Co0nty3Washington MOUNTAIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (c) Enforce all covenants, restrictions, and conditions of the Declaration as amended (this power does not in any way reduce the power of any Owner to enforce such covenant, nor does it require enforcement unless the Board of Directors deems such enforcement necessary). The Board may not act on behalf of the Association to: (a) Amend the Declaration in any manner that requires the vote or approval of the Members; (b) Amend the Articles of Incorporation; (c) Take any action that requires the vote or approval of the Members; (d) Terminate the Association; or, (e) Elect members of the Board of Directors or determine the qualifications, powers, and duties, or terms of office of members of the Board of Directors; provided, however, that the Board of Directors may fill vacancies in its membership for the unexpired portion of any term. Section 2. Duties. It is the duty of the Board of Directors to: (a) Keep a complete record of all its acts and corporate affairs and to present a statement thereof to the Members at the annual meeting of the Members, or at any special meeting when such statement is requested in writing by any one of the Members who are entitled to vote; (b) Supervise all officers, agents, and employees of this Association, and see that their duties are properly performed; (c) As more fully provided in the Declaration, to do as follows: (i) Fix the annual budget at least forty-five (45) days in advance of each fiscal year; (ii) Send written notice of, and call a meeting of the Members to ratify the budget, not less than fourteen (14) nor more than sixty (60) days in advance of the meeting; (iii) File a lien in the public records if an Assessment is not paid within sixty (60) days of the date it is due; and, (iv) When deemed necessary, may foreclose on the lien no sooner that sixty (60) days nor later than ten (10) years from date the lien of the unpaid Assessment is filed in the public records; (d) Issue, or to cause an appropriate officer to issue, on demand by any person, a certificate signed by the treasurer setting forth whether or not any Assessment has been paid. The Board may make a reasonable charge for the issuance of such certificate. Such certificate shall be conclusive evidence of such payment or nonpayment of any Assessment; 3907146 Page 49 of 57 [00348853] 03/02/2007 01:33 PM Covenant Thurston County Washington MOUNTgIN SHRDOW INVESTMENT LLC I IIIIIII III I IIII VIII IIII IIIIII VIII IIII IIIIIII VIII IIII IIII VIII VIII VIII III III IIII IIII (e) Enforce covenants as provided in the Declaration when deemed necessary by a vote of a majority of the Directors (this power of enforcement is in addition to the powers of the enforcement of any individual Member); (f) In the event of Common Areas, procure and maintain adequate liability and hazard insurance on property owned by the Association. If available at a reasonable cost, maintain earthquake insurance on all Common Areas that could be damaged in the event of an earthquake. Procure and maintain adequate liability insurance for the Directors of the Board of Directors; (g) Maintain all Common Areas and fulfill all other obligations as set forth in Article VII of the Declaration, specifically, and contained elsewhere in the Declaration, generally; and, (h) Perform any and all other functions that are necessary for the maintenance and continuance of the Association. ARTICLE VIII Officers and Their Duties Section 1. Enumeration of Officers. The officers of this Association are a president, vice president, secretary, and treasurer, who at all times are members of the Board of Directors, and such other officers as the Board may from time to time by resolution create. Section 2. Election of Officers. The election of officers will take place at the first meeting of the Board of Directors following each annual meeting of the Members. Section 3. Term. The officers of this Association are elected annually by the Board and each holds office for one (1) year, or until that officer's successor is elected, unless the officer sooner resigns, or is removed, or otherwise is disqualified to serve. Section 4. Special Appointments. The Board may elect such other officers as the affairs of the Association require, each of whom holds office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. Section 5. Resignation and Removal. The Board may remove any officer from office with or without cause. Any officer may resign at any time by giving written notice to the Board, the president, or the secretary. Such resignation will take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation is not necessary to make it effective. Section 6. Vacancies. A vacancy in any office may be filled by appointment by the Board. The officer appointed to such vacancy serves for the remainder of the term of the officer who is replaced. Section 7. Multiple Offices. The offices of secretary and treasurer may be held by the same person. Section 8. Duties. The duties of the officers are as follows: 3907146 Page 50 of 57 [00348853] 03/02/2007 01:33 PM Covenant Thurston County Washington NOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III II III VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII (a) President. The president presides at all meetings of the Board of Directors; sees that orders and resolutions of the Board are carried out; signs all written instruments, and co-signs al] checks and promissory notes of the Association. (b) Vice President. The vice president acts in the place and stead of the president in the event of absence, inability, or refusal to act, and exercises and discharges such other duties as may be required by the Board. (c) Secretary. The secretary records the votes and keeps the minutes of all meetings and proceedings of the Board and of the Members; serves notice of meetings of the Board and of the Members; keeps appropriate current records listing the Members of the Association together with their addresses; prepares, executes, certifies and records amendments to the Declaration on behalf of the Association and performs such other duties required by the Board. (d) Treasurer. The treasurer receives and deposits in appropriate bank accounts all monies of the Association and disburses such funds as directed by resolution of the Board of Directors; co-signs all checks and promissory notes of the Association; keeps proper books of accounts; causes an annual audit of the Association books to be made by a certified public accountant whenever the Annual Assessment exceeds $50,000, unless waived by sixty-seven percent (67%) of the Members; and prepares an annual budget and a statement of income and expenditures as set forth above. The desired time for preparation is before the regular annual meeting so that the budget and statement can be presented to the Members at its regular annual meeting. ARTICLE IX Committees The Board of Directors may appoint such committees, as it deems appropriate in carrying out Its purpose. ARTICLE X Books and Records The books, records, and papers of the Association are at all times, during normal business hours as determined by the Board, subject to inspection by any Member, holder of a_mortgage on a Lot, and their respective agents on reasonable advance notice. The Declaration, the Articles of Incorporation, the Bylaws and the Budget of the Association are available for inspection by any Member at the office of the Secretary of the Association, where copies may be purchased at reasonable cost. ARTICLE XI Amendments Section 1. Bylaws. These Bylaws may be amended only with the written approval of a majority of the Directors. Any amendment will be signed by the approving Directors and copies delivered to all Members within thirty (30) days of adoption. 3907146 Page 51 of 57 [00348853] p3l02/2007 01:33 PM Covenant Thurston County Washington NOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 2. Conflict. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles control; and in the case of any conflict between the Declaration and these Bylaws, the Declaration controls. ARTICLE XII Indemnification of Directors and Officers Section 1. Right of Indemnification. The Association indemnifies its Directors and Officers against all liability, damage, or expense resulting from the fact that such person is or was a Director or Officer, to the maximum extent and under all circumstances permitted by law. Section 2. Effect on Other Rights. The right to indemnification and the payment of expenses incurred in defending a proceeding in advance of its final disposition conferred in this Article is not exclusive of any other right which any person may have or hereafter acquire under any statute, provision of the Articles of Incorporation, Bylaws, agreement, vote of shareholders, or disinterested Directors or otherwise. Section 3. Insurance. The Association may maintain insurance, at its expense, to protect itself and any Director, officer, employee, or agent of the Association against any expense, liability, or loss, whether or not the Association would have the power to indemnify such person against such expense, liability, or loss under the Washington Nonprofit Corporation Act. The Association may enter into contracts with any Director or officer of the Association in furtherance of the provisions of this Article and may create a trust fund, grant a security interest, or use other means (including, without limitation, a letter of credit) to ensure the payment of such amounts as maybe necessary to effect indemnification as provided in this Article. Section 4. Advance Payment. The Association may, by action of its Board of Directors from time to time, provide indemnification and pay expenses in advance of the final disposition of a proceeding to employees and agents of the Association with the same scope and effect as the provisions of this Article with respect to the indemnification and advancement of expenses of Directors and officers of the Association or pursuant to rights granted pursuant to, or provided by, the Washington Nonprofit Corporation Act or otherwise. ARTICLE XIII Transactions Involving Directors Section 1. Transactions. No contracts or other transactions between this Association and any other corporation, and no act of this Association is in any way affected or invalidated by the fact that any Director of this Association is pecuniarily or otherwise interested in, or is a trustee, director, or officer of, such other corporation. Section 2. Disclosure. Any Director, individually, or any firm of which any Director may be a member, may be a party to, or may be pecuniarily or otherwise interested in, any contracts or transactions of the Association; provided, that the fact that such Director or such firm so interested is disclosed to or is known by the Board of Directors or a majority thereof. 3907146 Page 52 of 57 m3/©2/2007 01:33 PM Covenant [00348853) Thurston County Washington MOUNTRIN SHRDDW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ARTICLE XIV Attorney Fees Should any dispute arise regarding the terms of these Bylaws, the Declaration, the Articles of Incorporation, or the rules and regulations of the Association, the prevailing party may recover reasonable attorney fees and costs, including those for appeals. ARTICLE XV Venue Venue, for purposes of these Bylaws, is Thurston County, Washington. ARTICLE XVI Fiscal Year The Fiscal Year of the Association is a calendar year, unless determined otherwise by the Board of Directors. IN WITNESS WHEREOF, we, being all of the Directors of Mountain Shadow Homeowners Association have hereunto set our hands on the date(s) indicated below. DIRECTORS: /"C `1 03 vL Zod 7 Dat~ Z v Date ,.~ ©z o y Date [00348853] 3907146 Page 53 of 57 03!02!2©07 01:33 PN Covenant Thurston County Washington MOUNTRIN SHRDDW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII BYLAWS OF MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION 3907146 Page 54 of 57 [00348853] D3/©2/2D07 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII EXHIBIT "E" LEGAL DESCRIPTION FOR COMMON AREA TRACTS TO BE OWNED AND MAINTAINED BY THE MOUNTAIN SHADOW HOMEOWNERS ASSOCIATION TRACT A OF THE PLAT OF MOUNTAIN SHADOW AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FILE NO. 3~~ ~ ~~ SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. [00348830] Page 55 °f 57 3807146 covenant 03f0212007 01:33 PM Thurston County Washington IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII MOUNTAIN SHADOW IN~IIIIIIIIIIIIIIIILC I IIIIIII III IIIIII VIII IIII IIIIII III 01 /31 /07 EXHIBIT "F" FENCE DESIGN GUIDELINES [00348830] 3907146 Page 56 of 57 ©310212©D7 01:33 PM Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ~r~~-h ~3 r % ~ Fence Design Guidelines + Cedar or Treated 2" X 6" I / Beveled Caps -- --, 2" X 4" Cedar . _ ..._ -- l ., .! ~`, ~`~ ,- Concrete 1" X 6" Cedar Boards 4" X 4" Treated Post 2" X 4" Cedar 3907146 Page 57 of 57 03!0212©07 01:33 PN Covenant Thurston County Washington MOUNTRIN SHRDOW INVESTMENT LLC I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII eturn Address ih~ of Yelm isha R. Box O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale for Water Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mountain Shadow Investments. LLC ~. Mountain Shadow 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 '/a, of the SE '/4 and SE '/4 of the SE '/4 S 18, T 17N, R2E, WM Assessors Property Tax Parcel/Account Number: X2718440100,22718440600 3907142 Page 1 of 2 03!02/2007 01:33 PM Miscellaneous Thurston County Washington MOUNTAIN SHADOW INVESTMENT LLC ~~~~~~~ ~~~ ~~~~~~ ii~~ ~I~~~~ ~~~~ ~~~~~~~ ~~~~~~ ~~~~ ~~~~ ~~~~~ ~~~~~ ~~~~~ ~~ ~ ~~~~~ ~~~~ ~~~~ BILL OF SALE (CORPORATE FORMI THIS BILL OF SALE is made and executed this ~~ day of ~~~~-tiw.,~~t,f , 20~, by and between M°unta~° snag°~~ -n~e~t~»ents, uc~ (CORPORATE NAME)`, 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 water lines and related appurtenances lying within dedicated rights-of--ways and easements for the Plat of Mountain Shadow, City of Yelm's Plat No.~(,~(~-~;~j---~(;~j) ~-~~; IN WITNESS WHEREOF, said corporation has caused this instrument to be executed b Its proper officers and its corporate seal (if any) to be affixed this ~-~ day of 411,rtt~~f~c~-~.~~4~Ii.i:?,.~l~~i~v `~11~+~~=.". 7-`-;~'~.ij_ r~ (CORPORATE NAME) BY G~ 'gna e) ITS C° ~ (Title) STATE OF WASHINGTON BY (Signature) ITS (Tide) t,-. ~ )ss :~. . COUNTY OF THI~~~- ) + L-rt-- ~. On the `+`"-`- day of ~ ~ e ~ ~~ k ~ ~ 20 i ~%~- , before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared 1~-, ~)~' ~ ~ .~ . ~ x~' + ~ t.~,vti to me l~no~vn to be the ,11 Z E ~ ~ ~ ~,~ < : ;~ c ~ z4,lcra.rtz ~ir.t„ ~,~, (TITLE(S)) Of ~,~~^ ~s r ~~+-,~,~ << , ~ ~'*~.' 1 _L~, "~ (CORPORATE NAME) an ac~owledged the said instrument to be the free and voluntary al~t~'di4'c~;'c~~t~,"of said corporation, for the uses and purposes therein mentioned ate` rRo f9sl that he is authorized to execute the said instrument and that ~~' ~~ ~~, ' ) is the corporate seal of said corporation. ;~ :moo ~; ~ _ WITNESS my hand ~~~1 seal the d~y, and year,first-above written. -= sue. PUB~1C _ ~: ~-'. ~=z« ~~Lt`E ~ ~ ~.~,,,; ,~~~ Notary Public in and for the 9~ ' ,,,,,,~~` (~``~ State of Washington, residing in i System accepted this day of , 20 City of Yelm sy: Director of Public Works 3907142 7hu~sto~DCo~nty3Washington Page 2 of 2 MDUN7gIN SHgDOW INVES7MENTMLLCellaneous IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIIIIIIIVIIIIIIIIVIIIVIIIIIIIIIII eturn Address ity of Yelm isha R. Box O Box =179 elm, WA 98597 3907141 Page 1 of 2 03/02/2007 01:33 PM Miscellaneous Thurston County Washington MOUNTRIN SHADOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII (IIII VIII VIII VIII VIII IIII IIII BILL OF SALE (CORPORATE FORM) ~~ THIS BILL OF SALE is made and executed this ~"`` day of -' ~c CC.;'~t ~~~.._' , 20~,, by and between Mountain snadoW ~n~~stments. tic, (CORPORATE NAME), hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: The S.T.E.P. system service lateral from the tank to the sewer main, tank, pump and pump controls and all sewer lines lying within dedicated rights-of--ways and easements for the plat of Mountain Shadow, City of Yelm's Plat No. PLC=C3--~`~ -GOi I ~ L , IN WITNESS WHEREOF, said corporation has caused this instrument t be executed by its proper officers and its corporate seal (if any) to be affixed this ~`~ day of ~,~01` ~ 1'~`~~;X' , 20~~. , ~ ~ . , ( ,~ ~ ~ .~ ~~ / (CORPORATE NAME) BY ( afore) , ITS ~"~ G~~- (Title) STATE OF WASHINGTON BY (Signature) ITS (Title) ,-, . ti j~:, ~ ) ss COUNTY OF TI'T-~T ) -'`t_ On the ~ ~=~ day of ,~~ ~ `; ~ w ~~r' t 20~, before me, a Notary Public in and,for the State of Washington, duly commissioned and sworn, personally appeared ~-- t: ~~~ ; x- e ~ rte- ~ ~~ ~,_ ~ti, t~ me known , to be the 1'~'~~_ ~ ~~.:~~ ~ . ~~:~ ~ ~ "t~, ~ 4 -!"' ~ (TiTirEts!) of ~: ~~~ ~~~ ~;, ~ ~-l ; ~r.: ; ~._ t , ; . (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary ~ct}'~r`i~ed,of said corporation, for the uses and purposes therein mentioned ~i~o, ,~ • fell that he is authorized to execute the said instrument and that ~~~') is the corporate seal of said corporation. WITNESS m~har~d ~~i~l s_ eal*he day and year first-above written. - PUBLIC ~ ~~ -~ =~ , ~~, «. ~:~~~ ~-~ ~'- •~_~.~~~~,~ ~ ~Notary Public in and for the ,. = 9~: ••.,,,,,,,. ,~ State of Washington, residing in System accepted this c~ay of , 20 City of Yelm By: Director of Public Works r 3907141 Page 2 of 2 03!02!2007 01:33 PM Miscellaneous Thurston County Washington MOUNTRIN sHRDOW INVESTMENT LLC I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII III IIII VIII VIII VIII VIII VIII IIII IIII P~Ar 39o7iy~ !S 3907147 Page 1 of 5 93~02~I00~ 0' 33 Pn PLRi n tan nbuii,TRIN SNAOOU tIrvE6TnE~aT ~~. MOUNTAIN SHADOW sr--EEr r of s A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., ~, CITY OF YELM, THURSTON COUNTY, WASHINGTON. LEGAL DESCRiPTiON PARCEL A: PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 18, THENCE NORTH 955 FEET ALONG THE EAST LINE OF SAID SECTION I8; THENCE WEST 784.5 FEET TO YELM IRRIGATION DISTRICT LATERAL; THENCE SOUTHEASTERLY ALONG SAID LATERAL TO POINT OF BEGINNING. EXCEPTING THEREFROM COUNTY ROADS; IN THURSTON COUNTY, WASHINGTON. - ~ ~ PARCEL B - f ~ .. BEgNNING AT A POINT WHICH BEARS 955 NORTH FROM THE SOUTHEAST r ~~ n CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION _ - 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., RUNNING THENCE WEST 784.5 _ - s FEET; THENCE NORTHWESTWARD ALONG THE EAST BOUNDARY OF THE COUNTY ~-~- ---"'"'- ROAD 460 FEET TO THE INTERSEC110N Of THE NORTH BOUNDARY UNE OF THE ~-t' SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE ~ r, NORTHMESTERLY ALONG THE NORTH BWNDARY OF THE COUNTY ROAD 415 FEET TO THE INTERSECTION OF THE HEST UNE OF THE NORTHEAST WARTER OF THE SOUTHEAST WARIER OF SAID SECTION; THENCE EAST 400 FEET; THENCE NORTH 185.8 FEET; THENCE EAST 920 FEET TO THE EAST UNE OF SAID BECTON 1B; THENCE SOUTH ALONG THE EAST BOUNDARY UNE OF SAID SECTION 850.8 FEET TO THE PLACE OF BEdNNING; LESS PART DEEDED TO THE CITY OF CENTRAUA FOR POWER CANAL BY DEEDS FlLED AS AUDITOR'S FlLE NOS. 206039 AND 225448, ALSO EXCEPT COUNTY ROADS; ALSO EXCEPT THAT PORTION LYING NORTH OF THE NORTH BOUNDARY UNE OF SAID POWER CANAL; IN THURSTON COUNTY, WASHINGTON. DEDICATION KROti~ihE~('aYw AME{telsl/rT k3CMUh ERSIGNED OWNERS IN FEE SIMPLE OF THE LAND HEREBY PLATTED, HEREBY DECLARE THIS PLAT AND DEDICATE TO THE USE OF THE PUBLIC FOREVER ALL STREETS, AVENUES, PLACES AND SEWER EASEMENTS OR WHATEVER PUBLIC PROPERTY THERE IS SHOWN ON PUT AND THE USE THEREOF FOR ANY AND ALL PUBLIC PURPOSES NOT INCONSISTENT WITH THE USE THEREOF FOR PUBLIC HIGHWAY PURPOSES; ALSO, THE RIGHT TO MAKE ALL NECESSARY SLOPES FOR CUTS OR Fll1.S UPON THE LOTS, BLOCKS, TRACTS, ETC. SHOWN ON THIS PUT IN 1HE REASONABLE ORIGNAL GRADING OF ALL THE STREETS, AVENUES, PLACES, ETC. SHOWN HEREON. TRACT A IS HEREBY DEDICATED TO THE MOUNTAIN SHADOW HOMEOWNER'S ASSOCIATION. TRACT B IS HEREBY DEDICATED TO THE CITY OF YELM. IN ESS WHEREOF I HAVE SET MY HAND AND SEAL THIS _ DAY OF~ 20 D. ' RAINIER P.AgFlC NK MOON N SHADOW INVESTMEN LLC ACKNOWLEDGAAENTS STATE OF WASHINGTON ) COUNTY OF^YAUf6~'aT/'1~) )~ BY ITS PROPER OFFlCERS THIS Jam.. DAY OF 200. ON TN~~`( AND+YEA~ FIRST^~,WRITTEN, BEFORE ME PERSONALLY APPEARED TO ME KNOWN TO BE THEN ~iMbt/ OF THE LIMITED UABILTY COMPANY THAT EXECUTED THE WITHIN AND FOREGgNC INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES ANO PURPOSES THEREIN MENTIONED, AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. N17NES~,IAI3NIIND, AND OFFlCIAL SEAL THE DAY AND YEAR FlRST ABOVE WRITTEN. a u' a y, • NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON (PRINT NAME) ~Q,MI ~ /~CrR MCWI ~CZ; RESIDING AT ~ ~U ~O ~,, ~~ ~,,~~\' _. STATtr'l>Jf'i,~~Li~HINGTON ) COUNTY OF~~EY:4~LMSS) ) BY ITS PROPER OFFlCERS THIS DAY OF ~~ 200Z ON THE DAY YEAR FlRgST A~VE WRITTEN, BEFORE ME PERSONALLY APPEARED ~O~laft C D~I'1Z Tb ME KNOWN TO BE THE ~Qn-k1~'N}~/`C- OF THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED 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 WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. WITNESS`` Yj~L1AND OFFlCIAL LSE/AL THE D~AYy"%A-AND YE`7AR FlRST~~ ~O~VE,~/~W,R~IT~TE.N. 'gip, ~yf~f,, ~ G~~4 .6 ~J ~_~FJIs~ dJ ~.; .'i~~IOTARY PUBLIC IN AND FOR~eT~HE 5(TA~TE OF WASHINCT . ~',~ PRINT NAME) ~ QM\ K/,~ \~' 1 1C fY'~ IYb-~ 7tESIDINC AT ~ ~GrCI l~ sT~te',pF w~~ptsToN) ss ) COUNTY ~ ) BY ITS PROPER OFFlCERS THIS _ DAY OF 200 ON THE DAY AND YEAR FlRST ABOVE WRITTEN, BEFORE ME PERSONALLY APPEARED TO ME KNOWN TO BE THE OF THE CORPORATION THAT EXECUTED THE WITHIN AND FOREGOING INSTRUMENT, AND ACKNOWLEDGED SAID INSTRUMENT TO BE THE FREE AND VOLUNTARY ACT AND DEED OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREN MENTIONED. AND ON OATH STATED THAT HE WAS AUTHORIZED TO EXECUTE SAID INSTRUMENT. WITNESS MY HAND ANO OFFlCIAL SEAL THE DAY AND YEAR FlRST ABOVE WRITTEN NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON (PRINT NAME) RESIDING AT TREASURER I HEREBY CERTIFY THAT ALL TAXES ON THE LAND DESCRIBED HEREON HAVE BEEN FULLY PAID TO A-ID INCLUDING THE YEAR 1M'1 u C[ aLr ati J 6 ~Yd ~ l.z ~a rr . THUR~TON COUNTY TREASURER COUNTY AUDITOR FlLED FOR RECORD AT THE REQUEST OF CITY OF YELM. THIS L^'~ DAY OF M4.>•1- 207 AT .+~ MINUTES PAST 1_ O'CLOCK ~ M., AND RECORDED UNDER AUDITOR'S FlLE NUMBER •~yL y'~~~7 .RECORDS OF THURSTON COUNTY, WASHINGTON. THURSTON COUNTY DITOR DEPUTY AUDITOR EASEMENT PAOVI31ONS AN EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO ANY POWER COMPANY, ANY WATER COMPANY, ANY TELEPHONE COMPANY, ANY CAS COMPANY, ANY CABLE TELENSIpV COMPANY, U.S. POSTAL SERVICE, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, UNDER AND UPON THE FRONT 10 FEET PARALLEL WITH AND ADJOINING 7HE STREET FRONTAGE OF ALL LOTS AND TRACTS, IN WHICH TO INSTALL LAY, CONSTRUCT, RENEW, OPERATE AND MAINTAIN UNDERGROUND PIPE, CONDUIT, CABLES AND WIRES KITH NECESSARY FACIUTES AND OTHER EQUIPMENT FOR THE PURPOSE OF SERVING THIS SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC, TELEPHONE, CAS AND UTUTY SERVICE, TOGETHER WI1H THE RIGHT TO ENTER UPON THE LOTS AT ALL TIMES FOR THE PURPOSES HEREIN STATED. THESE EASEMENTS ENTERED UPON FOR THESE PURPOSES SHALL BE RESTORED AS NEAR AS POSSIBLE TO THEIR ORIGINAL CONDITION. NO LINES OR WIRES FOR 1HE TRANSMISSION OF ELECTRIC CURRENT OR FOR TELEPHONE USE OR CABLE TELEVISION SHALL BE PLACED OR PERMITTED TO ~ PLACED UPON ANY LOT UNLESS 7HE SAME SHALL BE UNDERCROVND OR IN Cd1DUIT ATTACHED TO A BUILDING. SEWER EASEMENT PROVISIONS A PERPETUAL EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO THE CITY OF YELM, ITS SUCCESSORS AND ASSIGNS, FOR OPERATION, MAINTENANCE, AND REPAIR OF ANY OR ALL POR110NS OF THE SEP71C TANK EFFLUENT PUMPS (S.T.E.P.) SYSTEM INCLUDING BUT NOT RESTRICTED T0: SEPTIC TANKS, PUMP CHAMBERS, PRESSURE/GRAVITY SEWER CONNECTION ONES AND PUMP STATUS PANEL OVER, UNDER AND THROUGH THE LAND HEREBY PLATTED. THE PURPOSE OF THE EASEMENT IS TO PROVIDE ACCESS FOR qTY OFFlCERS AND EMPLOYEES TO THE qTY-OWNED PORTION OF THE S. T.E.P. SANITARY SEWER SYSTEMS. THE WIDTH OF THE EASEMENT HEREIN RESERVED SHALL BE FlVE FEET EACH SIDE OF PIPE AND ELECTRICAL ONES AS CONSTRUCTED. THE WIDTH OF THE TANK EASEMENT SHALL EXTEND FlVE FEET BEYOND THE EDGES OF THE TANK. THE OWNER SHALL MAINTAIN AND IS RESPONSIBLE FOR THE HOUSE LATERAL CONNECTING THE TANK TO THE HOUSE PLUMBING AND INLET TO THE TANK CHAMBER. THE dTY OF YEUA SHALL HAVE THE RIGHT TO TEMPORARILY UTUZE SUCH AREA BEYOND THE EASEMENT AREA DESCRIBED ABOVE THAT IS NECESSARY FOR THE OPERAl10N, MAINTENANCE AND REPAIR ACTIVITIES ON THE S.T.E.P. SYSTEM. IT IS POSSIBLE THAT MAJOR LANDSCAPING ITEMS, E.G., SHRUBS AND TREES, WITHIN THE ABOVE EASEMENT RIGHT-OF-WAY MAY BE DAMAGED DURING THE PERFORMANCE OF OPERATION AND MAINTENANCE ACTIVITIES. THE OWNER WAIVES ANY CLAIM AGAINST THE CITY FOR DAMAGE TO SAID HEMS IN THE CASE WHERE WORK BY 1HE CITY IS DONE IN A REASONABLE MANNER. THE OWNER ALSO WAIVES ANY CLAIM AGAINST THE CITY FOR DAMAGES GENERALLY WHICH ARISE FROM 'ACTS OF G00' OR OF THIRD PARTIES, NOT INVOINNC FAULT BY THE dTY OF YELM. THIS EASEMENT SHALL BE CONSIDERED AN ENCUMBRANCE WHICH TOUCHES AND CONCERNS THE LAND ABOVE DESCRIBED, AND BINDS OWNERS, TRANSFEREES, DONEES, SUCCESSORS AND ASSIGNEES IN INTEREST IN THE SAME MANNER AS IT BINDS OWNERS HEREIN. CERTIFICATE OF SURVEYOR 1 HEREBY CERTIFY THAT THE PLAT OF MOUNTAIN SHADOW IS BASED UPON AN ACTUAL SURVEY AND SUBDIVISION OF A PORTION OF SECTION 18, TOWNSHIP 17N, RANGE 2E, W.M., THAT THE DISTANCES AND COURSES SHOWN HEREON ARE CORRECT; THAT 1HE MONUMENTS WILL BE SET AND LOT CORNERS WILL BE STAKED ON THE GROUND. MELVIN F. GARLAND ' DATE• REgSTERED PROFESSIONAL LAND SURVEYOR CERTIFlCATE N0. 18902 WG IRI. g F C ~' *~ H"` DRAWING INDEX ~b ° ~ c~ SHEET 1 -DEDICATION, LEGAL DESCRIPTION, t _ / ~ ' APPROVALS AND EASEMENT PROVISIONS '~ SHEET 2 -SECTION SUBDIVISION, BOUNDARY °< ~ 1", EI1 IIIP.Eflll ~ ~t CONTROL AND NOTES SHEET 3 -LOT LAYOUT, DETAIL AND DIMENSIONS fjf E~f$T~t~Jp' ~ONq~ ~/,N9 S 2801 South 35lh, Suit. 200 SHEET 4 -LOT LAYOUT, DETAIL AND DIMENSIONS ~Dtes' °~90~e Tacamo, Wa~nington 98109-7479 (z53) n3-u94 fAx (zs3) 473-0599 SHEET 5 -LOT LAYOUT, DETAIL AND DIMENSIONS APPROVALS ITY ENGINEER C M Z ~ DAY OF F~ ro/u,r'~ A.D., 207 rbpaM ~ ~ ~ ~ . i CI~ YELM ENGINEER CITY PLAWIGER to 6 ~ ~ ~ ~ PR N ,~ EXAMINED AND APPROVED THIS ~ DAY A. D., 2D~. y .~~~ ~ . ~~~t ~~~ t d~f OF YELM PLANNER / MAYOR FOR CR~QF YE EXAMINED AND APPROVED THIS Y OF A.D., 20~ YELM pTY UNdL MAY ATTEST: CLERK ~~~ ASSESSOR EXAMINED AND APPROVED THIS DAY OF A.D., 20~_. THURSTON C SS W O .J J T 2~5 3907147 Page 2 of 5 / 031021300' Oi 33 qn ^ Lqi Oyu ITgln SHgpOW [n%ESTMEF1TgLLC i~~01~ III~II~i~ IIII ~I~I~I VIII ~i~lll~ I~~I~I I~~I III II~~~ III~~ III~I I~!I~ 9~~1I~II I~~I MOUNTAIN SHADOW sHEEr 2 OF 5 A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. " t8 - - 1329 00 N 8930'27" W 2658.00' (C) . I10~ CALCULATED POSITION CALWLATED POSITION PER Pur of I cRTSrAI CREEK I I ESTATES I ~2 20' (ccE) ~ ~ ~ I ' I ~ n i TRACT I l ~ PER CRYSTAL SPRINGS AFN 1085110 1 .r I N _,_ CENTRAUq I 1N89'46'34'W _ _ 400 0 ' C ~~' POK I ~ . 4 ( ) --_ CgNA~ E)4 1 _ ~~ 400 (DEED) 2657.18' (GCE) - _ _ HE1D AS EAST 1/4 .. .I ~~ .. u u u u u d W- i I ~~_~ 1329.00' ~ CORNER -SECTION 18 ~1 .1 FOUND BRASS ' ' MONUMENT 2/05 89'41 30 (GCE) ~I I~I PARCEL N0.22718410100 I I ~~"+ DEED PER AFN 3638749 , i I rN7T16'53'W 135.51' ------------------------------- d = 41')4'56' ---------- I ~ ~ --- I w z ~ a ° } CO -100' R PARCEL N0.22718411000 I I Q o m OfED '~ L = 201.269 uNPLATTEO i I ~ a o ¢ ~ GRAPHh SALE ~ (AFN 20 ~~ ,_ N73'11'5TW I I I z / ~ ' 9J.Z9'7r{~~ CENIggC/q 3p3g) T '- _, 550.90' N6771'S7~W I I ` ` \ ~ s » A 74 POK2'R qNq ~N OF 100' ` ~ _ 149.60' I I (IN FEET ) ~ I LOT 4 I ~`'B~ M » 77 7• ~ ~'f ~ICT,VO~, R/ONT OF q0r C/Ty ~F 100' i i ~N8931'S7"W 1 inch = 200 ft. of I SHORT ~ J p ' ~•~~ '~ SUBDIVISION' ''s• ~~M61L. M y CALCULATED 2348 ~~ PROPOSED SR 510 ~ ~ ~ POSITION r YELM ~ _ _ 589'48'31'E __ _ J LAP a " a S89'48'31'E 1 1327.81' - ~ 8' RIGHT Of WAY HEREBY ~\ w ~ G`Vy~ ~~1327.81' ~p~ HEREB~gCATED i0 4' Aop THE MWNTAIN SHADOW W CALCULATED DEDICATED TO THE CITY OF YELN * QN yF .SEA HOLIEONNER'S ASSOC. I POSITION SEE DETAIL~SHEE7 J OF 5 \ r' O >• „ ~'~( ~P 3. LOT 1 / r f ~ p ~ 70 ~S I I / i. 8 I / ~ ~% ! ~ ^y~ w ~ a ~ REBY DEDICATED Z ~ / ~t~ ~. M b (~ S CITY OF YELM ~ / ~, = S89'31'S7'E 758.4J'(C) 764.50' (D ) ~ I ~ / LOT 2 \ ~ rt ~ Y - -r -.- - - N / \ ~ (SEC-LINE TO R.O.W.) w ~. j I / 'Cf\\` ~' ~ ~ ~ W'o I / CALCUUTEU POSIr1ON \~ ~' ' >o ~ ~ w ~ ~ ~ // N.W. CORNER i ^\~~ '~7 ~ ~4\' f, r. ~r S.W.1/4, S.E.1/4, S.E1/4 ~~ \"! ,v~.• QQg ~ w 8 IN NM -_-_-- T1327.21' ~ 4 ~ 81 $~ .- a LOT 3 ~ ~ I LARGE LOT 0538 ~ ' 1 ae r ~j w \ I I B" RICHi OF WAY HEREBY \ '~ w _ DEDICATED TO THE CITY OF YELM ` ~ I ~ SEE DETAIL SHEET J OF 5 \ `\ ~ ~ ^ PARCEL A BL.4 ~ 0163 AFN \\\ ~ 8403130036 d = 29'21'01 \\ 9 I R = 122.00' \ I 8931'33' (GCE) I l = 62.53' \ ~ ~I I RICHi OF WAY HEREBY ~ ~ ~ - - - - - _ - DEDICATED 10 THE CITY OF YELM - \ \ CALGLILATED 1326 62' SEE DETAIL SHEET 3 OF 5 1326.62' ~n~ 1 ~ 528.00'(LL) ~ 90'14'37' (GCE ~ MEAS) \ kELD AS SOUTH 1/4 ~ N89'46'34'W 2653.23' (M) 2652.99' (GCE) PARCEL B HELD AS SOUTHEAS~ CORNER -SECTION 18 ~ HLA 0183 CORNER -SECTION 18 FOUND 3/4' I.P. WITH \ AFN 6403130036 FOUND BRASS NAIL, DONN 0.2' ~ MONUMENT 2/05 2/05 ~ TRACT NOTES BASIS OF BEARING O TRACT 'A' IS DESIGNATED FOR STORM DRAINAGE AND IS HEREBY DEDICATED N00'28'03'E ALONG THE EAST UNE OF THE SOUTHEAST TO THE MWNTNN SHADOW HOMEOWNER'S ASSOCIATION FOR OWNERSHIP, QUARTER OF SECTION t0. PER PLAT OF MOUNTAIN SUNRISE MAINTENANCE AND TAX PURPOSES. SEE PACE 4 OF S FOR DIMENSIONS. TRACT '8' IS HEREBY DEDICATED TO THE CITY OF YEUA FOR RIGHT OF METHODS AND EQUIPMENT SURVEY PERFORMED WITH A 3' TOTAL STATION, USING TRAVERSE AND RADIAL SURVEY METHODS. SURVEY MEETS OR EXCEIDS ACCURACY REQUIREMENTS CONTAINED IN WAC WAY FOR THE FUTURE SR 510 YELM LOOP. SEE SHEETS 4 AND 5 OF 5 FOR DIMENSIONS. O TRACT 'C' OWNERSHIP IS BEING RETAINED BY MWNTNN SHADOW INVESTMENTS, LLC. OJ SEE SHEETS 3 AND 4 OF S FOR DIMENSIONS. 3JZ.i30.OD0. NOTES UTILITY EASEMENT NOTE THERE IS A 10' HIDE EASEMENT PARALLEL NITH AND O1 NO BUILDING PERMIT VALL BE ISSUED FOR ANY LOT IMPACTED OR PARTIALLY IMPACTED BY THE SR 510 YELM LOOP CORRIDOR (LOTS S0, 51, AND 81 THRWGH 71) UNTIL ADJOINING THE STREET FRONTAGE OF ALL LOTS AND TRACTS EXCEPT NHERE IT IS SPECIFICALLY NOTED AS BEING 1.00' BUIIDINC PERMITS HAVE BEEN ISSUED FOR EVERY LOT OUTSIDE THE CORRIDOR. THE DEVELOPER SHALL WORK KITH THE WASHINGTON STATE DEPARTMENT OF WIDER (LOTS 27/28, 10/41, 48/40, S7/S8, 85/86, ANO TRANSPORTATON PRIOR TO FlNAL SUBDINSION APPROVAL TOWARDS THE ACQUISITION 76/77). OF REWIRED RIGHT-OF-WAY FOR THE SR 510 LOOP. NO VEHICULAR ACCESS FROM ANY LOT TO THE PROPOSED SR 510 YEL1A LOOP WILL BE SEE SHEET 1 OF 5 ALLOWED. O2 EACH LOT WITHIN THIS PUT IS SUBJECT TO A MITIGATION AGREEMENT BETWEEN FOR/D~EDlGATION, LEt:3AL MWNTUN SHADOW SUBDINSION, AND YELM COMMUNITY SCHOOLS DISTRICT N0. 2. E~ WNT OF =2,140.00 PER LOT SHALL BE PAID PRIOR TO OIA I ~E~i ,APPROVALS N SSUANCE OFOF BUI LDING pC AND EASEMENT PROV13lON3 EACH LOT WITHIN THIS PUT IS SUBJECT TO A TRANSPORTATION FACILITY CHARGE. SEE SHEET 3 THROUGH 5 O4 THE TRANSPORTATION FACILITY CHARGE SHALL BE PND PRIOR TO ISSUANCE OF BUILDING PER-NT. O ALL STEP SEWER CONNECTION FEES SHALL BE PAID PRIOR TO ISSUANCE of BUILDING FOR LOT LAYOUT, DEfAIL3 PERMIT. © EACH LOT WITHIN THIS PLAT IS SUBJECT TO A FlRE PROTECTION IMPACT FEE. THE AND IB PER sQ. FT. aF NEW DEVELOPMENT AND IS PAYABLE F TO NO DIMENSIONS AT BUILDING PERMI SSUA CE J0.20' A I Cf N~A,yq \ liF _ C q/ 0 R I , I cALCUUTE~ ' ~ ~ POSITION Q~ ~ a N }v n I 8 )_. _ CALCUUTED UPOSITION °T:3 I I ~~ I N ~' ~ N ~ ~' zm o~~ ~z^ Q¢~, I aZz II ~¢ I II L` d = 111 Y)6'08' I R = 25.00' ~ L =48.48' 101.73' 1 t 1 I 1 LEGEND ~~ ~ MONUMENT FOUND AS NOTED ~B ® CALCULATED MONUMENT POSITION AS NOTED ® SET MONUMENT (CITY OF YELM STANDARD) (GCE) PER PLAT OF CRYSTAL CREEK ESTATES AFN 3416175 (LL) LARGE LOT AFN 0538 (M) MEASURED (C) CALCULATED ~p ~'yN~ ~yy~ VY~ !~. L.71/ ~1JI F C >•A T 3 ~,` O y~y ° ~ P K Po ,~ IB9D2 0 ~~ fr ~/9 88T' ~ z::~ . Engineering T ~I~A'Al LAWD 5~ 2607 South 35th, Seib 200 btPiltE9: 9/30/0 8 Tacoma, Woahln8ton 98408-7478 (25J) 473-1494 FA%: (153) 473-0599 r -.1 N PEAT 3 90 ~iy ~ ?/5 LEGEND ® CITY OF YELM STANDARD MONUMENT 12.~J CANAL CT. SE (R) SIGNIFIES RADIAL LINE YELM, WA. 98597 ® THEA ROSE RD. SE 'I2i14 CANAL RD. SE YELM, WA. 98597 YELM, WA. 98597 MOUNTAIN SHADOW SHEET 3 OF 5 A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. GRAPHIC SCALE 60 0 JO 80 120 ~~'T~ 1 inch ~ 80 ft ACCESS EASEMENT NOTES LOTS 78/79 AND 80/81 SHALL ACCESS BY 20' JOINT USE DRIVEWAY EASEMENTS. THERE IS 10.00 FEET ON EACH SIDE OF THE COMMON PROPERTY UNE FOR ALL 20' ACCESS EASEMENTS. TRACT I PER CRYSTAL SPRINGS AFN 1085110 --_ ~i _~ 8 i I i i ~ PARCEL N0.22718411000 ~ UNPLATTED i h- N777e' d = 4ti4'S6" R = 2924.79' ~'~ ~~~:r-___ -- '--_ L = 20879' 3907347 Page 3 of 5 03/02/]00% 0133 P GLPA rzlon Cqu~tr ~ nglon nO~PITq II/ SHgpOW Iii5E5Tn EII* LlC I I~~~~I~ III ~II~~~ IIII ~I~I~I ~~~I ~I~~II~ I~~I~I ~~~I III II~~~ III~~ Ill~i'~II~ II~~I III I~~ LINE TABLE uM: LfNC1H eEAR1Nc L6 7.05 3s'40'ry L17 1634 ~'40y ue 56.se ss'4a'w tZt 2aoo j SEED ~~~----~~- 100 W/pF~~FT 203p3g ~ ~ ~ _ ~ . -_ CANAL R/OHT ~ NTRgC1q ~~ OF_- e - 47x'x" WAY WER \ ~ \ \`C4 °- ]t ~ S ~{~ q ~~ ~ 107,t~• rem, ~ `TlJ ~, W of ~ r ' r' \\\ \~ 4 - cs L_ -~-_ - ci - (irP) _ ,s (Iwi g ¢g '~r~~ ~ J>~ T C` ' N "'~L CIO - ~ -r '" ,~° ~~ W,,p 4J' PUBLIC ROAD AN CI? ~ _ d . ~ '` \ ~ ~6 - U1ILITY EASEMENT h - ~ - ~ Cl~ ' ~~ o \\\ ~ -„w ~~` ~ O \ ~ \ I~ ~ ~~ \ ~ - ~` RK~iFfT OF WAY `\ ~ ~„' ~0 - - -~- _ - - a~ _ _~a ~ ~ -~_ _ ~;,, ' ~ - _ ~~ ~w~ DEDICATION - - - _ _ ~ _ h DETAIL LOT 1 \ °% ~~ `6AOJ = ~ ® s' (rrv) - , c51 a,,, o~ \ , SCALE 1" ~ 200' ,r~,\ 9~~'sf\ ~ \\ 1zo' ~ ~ ~ ~ ~ _ ® ® ~ ~ _ _ N ~ CURVE TABLE C14i1£ LF11C1F1 RAOe1S DELTA CI 16.15 50.00 1' fx 6566 x0.00 CJ 17.44 50.00 a 966 z6oaao a 5419 56oaoo a san 56oaoo C7 56.44 160300 Ce 30.66 560.100 C6 36.43 5603.00 CIO f021D 560100 CI1 4960 560.100 CI2 SA67 110300 C3 10QW 1107.00 C50 6500 1060.00 7n'x" 5e 1060.00 474'30' C52 10.36 1060.00 '20' CSJ 71.14 5660.00 0'41'54' C54 M.96 5660.00 OS4'OS' C23 4501 5660.00 0'34'06' C56 4501 2660.00 034'06' C27 e5x 5660.00 17 x' C2e 63.16 5660.00 14 1J' C26 4230 5660.00 1713' CJO 6.51 70.30 47X56' CJ1 ease 00 1 neti6• C]2 16.14 20.00 35' W 7.56 30.00 6'21' cu 14.36 Saoo 4r4rs4• cx 1970 15530 nr7D• cx 7975 15530 1 cn zt.w 15530 Cx 10.41 5740.00 c36 +s.m naaD Da ,a~ ~,a~ 0.1 4501 571aaD c4: x.0. n1aaD o• '4r c13 ae5 15530 c44 72M 115.30 1 cos 7990 15530 11r CN 17.66 1830 'OY - 9(,~,r~~ ~\~ \ 3~'~\ ~ 7~ _ PROPOSED ~g ~~ .~~~' o~o~c~~ ,~a ,- Z - - ~~t ~~•-~ -c33 - - SR 510 - '~ - `° ~`~`'~ `'~ ~ - \ F>\\~ ~ ~~--~ r3, raa ~ - YELM LOOP ~ ~63 ~.'~' • , --~_ ~ _ Aca9E ~ ~~'~ 62 ~ TRACT Z \ ~ Ste' "' ;~ ~~ 1 _ SIR 8E h SI' p ~ \~ \ ~ U71L~1 ASfM~lNO ~~®~ ` \~ $. B '1 - - ~ v~ CI14 vi ~ c'6\ ~'~ Q7 \\\ /7 \ ~\ \ / EASEM~ (TYP.) -'I ~ ~ \~ \ `~~ V' \ 6 V \ IV // \\ LARGE LOT\\ ~ ,\® g n ~ ~ \ \ ~ \ ~' `~cP / \. 0538 \\ ~ti° \ ~~ '® g j W ' ~ \,~~ ~ ~~h \\ ~d'1'~,d~ ~ \ \ ~ \ 902 \ ti5. \ to ~p i. `~, \ ~ ` ~ X102 ~' ® \ ~ ~ ~tQ'~~r '{'.1 ~ \ X \ ~ ~P. \ d4 ~ \ yr7y~ ~ ~ \ \ \$\ \ 9~ \ \ ti~5 ~ \~ ~ ~ ~ T- - - \ - - ~ - LOT 2 \\\\ \\ \.&,\~\ ~, ~ ~ `~~ \$ ~y. \ ~ ~ ~ \ W W ~ • ~ ~a ~ \ ~ d = 111D6.Oe' I \ \ ~~ Ed' \ R - 800 I I \ ~ \ \ '~J ~ '~ \~\ L 4a4X sa6~11•s7'E \\ ~ \ ~`~r\~\ ~~~~'~~ 11 ~~ ~~cP ~$ 70.00' 1 9~ ~~ ~' CURVE TABLE CURVE LENGTH RA061S DELTA C65 3570 20.00 Caa 37.07 7A30 Cal SJ.6I 2660.00 1 Cab 60.46 2666.00 Cab x030 2Qe6.00 C60 12Qe 2ee6.00 C61 57.06 7A30 CI00 7ae5 100.00 am n.z7 faaoD CI06 7292 100.00 c1o7 Salto 1aeD.so clue 16956 loeaso a1o 416.17 56QI00 C111 23414 110.100 au 31912 1060.00 ~14 x250 ~~ ats n.as 15150 a1a 16ae4 n4aoD CI17 90.44 12130 a2z 6500 15530 437Y1C C114 t6z2e 56e0.00 26 20. 1 A 20. \ ` I I J`\ Fai ~P \ Qi ~~D ,d -2671'01: FFj\ fq^ ~ `j N `'b~ R - 12200' ~ 3 J\~ ~9 \~`~ \ \ ®• L - 6253' NOORBbJ'E \ ~' ~ 101.77 \ 11 4~s~\~~~PF~~~~$\\ ~9 iNEAST CORNER - °f' \~ sECnaN 1s ~~ a~91 ~ ~\ \ ~. SEE SHEET 1 OF 5 FOR DEDICATION, LEGAL SEE SHEET 5 OF 5 FOR CONTINUATION DESCRIPTION, APPROVALS AND EASEMENT PROVISIONS ~ p ex SEE 3hiEET 2 OF 5 FOR SECTION SUBDMSION, BOUNDARY CONTROL AND NOTES ,tie ~ ~ Engineering SEE SHEET 3 TI-Fi0UQF15 FOR LOT LAYOUT, ~ ~ ~°°~"'~ °°° ~ r JOB NO. 29177 DETAILS AND DIMENSIONS ~.: o~io c=s~l .,a-«a. ~ c~1.,3-~.. y ~. 1 PL/T ~39a7/~/7 y/s 3907,47 in~~: io~DCqu',~,~33w,sn~„siq„°~qT Pa9e 4 of 5 ~^~OUf11giN SHgDOw INVESiM1EHT ~lC 1111111 III 111111 -NI 111111 IIII 1111111 111111 IIB IIII VIII VIII rui miuml n.. INI MOUNTAIN SHADOW sHEEr 4 of 5 A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. STORM EASEMENT DETAIL SCALE 1" 50' LEGEND ® CITY OF YELM STANDARD MONUMENT (R) SIGNIFIES RADIAL LINE GRAPHIC SCALE (TYP) TYPICAL b D b IA ® THEA ROSE RD. SE (07 ~~ YELM, WA. 98597 1 fnch EO }! ® CARYS ST. SE YELM, WA. 98597 _ ~12.34~ L . _ J CANAL CT. SE YELM, WA. 98597 ../ Z W VJ H~,~,s~ w ,, ~14, -_ CURVE DETAIL SCALE 1" = 50' Lor so LOT SI ~~eti ~;' i G`+A C37 / ~~ LOT g~ ~D ~ 1,~ ,~~ ~ ~' $ B ~~~~ ~~ ~:, CARYB 8T. 8.E \ 100' ~ - / PARCE( N0. OfEO (qF ,_,'UNPgzT7E'D7/000 N ~4cT,' ~ CENTRq(/2p~0`~9J ( '~-_ cawaL cr sF. Lor e2 ,_ / v i e - e1~s'zJ• R .30.00' ~ L - 5a73' \` \ ` \ TRACT A e - 1r5o'Se• R ' ` .30.00 L-11.03' \ \ 10• \\ \~ \ \ \ \ / ~~ TRACT B \ \ \ \ \ \ \ \ \ ~ \ ~ \ \ ~ \ , .,.. //T Lor so ~ Lor ~ a, ~~,. ~w .~ ~~ LOT 52 :~ ~~' TRACT B ~ d- 14150' ' ~ R ..753.50' L - w.oo' CAAYB ST. S,E. C SEE TRACT NOT POKER qNq ~R/OF 100 N~ s'-w I ~' ao' ~ ~ g /j~~• A'7,s,;a, E~0/y SHE Cf/T OF qDY CITY OF ~'~ ~. ,,% , ~ OI 317.7,• ET 2 0 g.` o~t1y~~'!! ~ i I ~: ~ 1! ' I "`~a ~ C'T ~ \\ d~~T ~ I I f ' N~,yo ~S1~ya i 3 \ ~ niJ ~ ti- 10' unulr I Hal' ~ -~ ^ I ~ - - °~ _EASfuENT(Tw.)- - _ _ _ _L _ _ I `'i, I \\\~~4p ~!~\ ~ i '_ y,? 20 p~OPn STORM ~ 11 ~ I$ I ~ i,~~ /~`~ /O p/~ ~, \\ \~SE~EOTARIY THISSHEEi L~'M II OT~ I~ I ~, C O ~~ • HEREBY DEDICATED TO THE I I I I I TRACT 'B' ~ `'~ MOUNTAIN SHADOW I i \ ~ `~~ \~° HOMEOWNER'S ASSOC. II .+ I I ~ ~ HEREBY`DF6ICATED TO THE ; `~ 1 ~'~• I +~~ ~*7 ry~CITY OF YELM \\ `\ ,,~,7 1~ I I 30' ao' I ® ~ god °z~b ` \ o~ ~ I I \~ o J~,~ J~ _ ~ \ \ \ \ ~'N' ~,~ 'ttJj~~~Y ®~3 ® ~ ~ EASEMN~ CEO C7i~ F i I ~ .~ \ ~ ~ ~ / TM1s s~iiE[i ~ fo' unun I I I G ~ \ ® Cn ~ EASEMENT (TYP.) 1 I I ~~~g`'£\.~b\~1 ~~ \ \ ,~. ~ ~ • ®JL ,~\ /~'~ PROPOSED SR 5 ~ 0 11 i I '~ ,`~ ' .~ ELM I I ,~ ~ e~ \ ~ ® ~ ~`~ ~ ~ ~~ \ «1 a,• LOOP 11 i ~ I y ~' ~J ~ ~ i '° $ TRACT ,B7 I ~ tip' \ \ \ ~ 57 '~ i~T o ~ I 16451 1 ~ I I ~\,~ -s;~® ,~; ~, ~ .o a ~~~`a+~" `~ 111 ~ I I \ J SEE CURbf ` '' e6' n, I~ I I .~ ~ \\ ~~o~~~l ~ \ OESHEETHIS 4~ \ lo' uTn.irrrv) ' ~ I \\ \~ ~~~~E ® \~ ~n~ ~ASENENT 1 i I Pl \ \ \ _ „ 1 ~`~• ~g~ \ r3''~oh ~ 25.5 25'5 ` ~ ~g yS,°~y~ ~ _ ~ I I \ Ib± =o =7 1 ~ ~J ~ ~~ I ~ 5 ~ 1 ~~; ~ I _ c. n. ~ I R~ . _. ~y. SEE SHEET 1 OF 5 FOR DEDICATION, e PRODESCRIPTION, APPROVALS AND SEE SHEET 2 OF 5 FOR 3ECT10N SUBDMSION, BOUNDARY CONTROL AND NOTES SEE SHEET 3 TF~10(KiH 5 FOR LOT LAYOUT, DETAILS AND C1IMENSIONS LINE TABLE LMIE LENGTH BEARING ~ SZa N13A7'141Y l4 6. 7 N07R2'12'W LS 10.4 N0771i'J1•W Le ~'~.», L7 NEO:li'24•W Le zaw Neo~'z4'w ua zaoo 54720'St'W fA00 ~~~,p r •.s ~` '~a y ~ i ~.w owmee: oissi p ,roe No 2srn peg Engineering; 7W1 swo, assn. sn. zao roo,~a Ye.ntivi., oesoo-r~rs (70.x) ~]}HYa fAZ: (70.1) ~]a-OSY9 ..1 t~t_ V\ SEE SHEET 5 OF 5 FOR CONTINUATION NON-TANGENT CURVE TABLE aIROE IfNGTH RADIUS DEl7A CIIG 37.31 68421 C71GHD LENGTH N64I9'Sp'W A.49 PCAr 390 ~~y~ 3907147 03t03/1p0~ pt 33 qn P29! g of 5 Thurston Cowtr Lla zn rny(o~q`gT nOUriiq l!! SMgpOY ItIl1VESinENT LL. 11111111 III IIIIII IIII IIIIII IIII Inlll IIIIII IIII IIII VIII VIII IIII VIII VIII IIII IIII MOUNTAIN SHADOW SHEET 5 OF 5 A PORTION OF THE NORTHEAST 1/4 OF THE SOUTHEAST 1/4 AND SOUTHEAST f/4 OF THE SOUTHEAST f/4 OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W. M., CITY OF YELM, THURSTON COUNTY, WASHINGTON. LEGEND GRAPHIC .SCALE ~ FOUND MONUMENT (T~'P) SIGNIFIES TYPICAL ~ 0 ~ ~ 120 ^ ~ THEA ROSE RD. SE ® CITY OF YELM STANDARD MONUMENT YELM, WA. 98597 (R) SIGNIFIES RADIAL LINE ® CARPS ST. SE B. S.B. L. BUILDING SETBACK LINE YEUA, WA. 98597 1 inch = 80 ft ~ iN ~~ ~ SEE SHEETS 3 AND 4 OF 5 FOR CONTINUATION ®YELN,LWA. 98597 _ ,~ \ ~~ ~' ~ ~ I s\ Oi P 9 ®. \~ \ ~ I si<I I yq~ Cg4 G I ~~\i~°r 9 \'G \ ` ~ . ~r ~ e2~5 ~ \ ti`'~' \ `saoo' ~ ~ I ,m ~3~ 4~ k ~ ~ ~ ~'\'~"~m< &\ 9 d+~ \ ~ ~ ` ~` ~~ 11$ 25.5' zs.s I 47 ~ I ~ <` ~ `\ \ ~~\ S1~v'' ,dye /~'6 \\ ~ ~ 1 ~ v I ~~ I \ \ foa ,tip \ .~ '.0 /__ G 0.G C,rp l2 I ~ ~ 4 LOT 1 \ ~ .~ ~ \ 'try q~„ ,fl ~~~4`~`' 27 ~a '~~~.c~ 4Q I 10' unuTr ~ I \ ~ ~~fy, 7 ® s• ~.i,>r°+a~,~` ~~ 55~~~ ~ ~i Imo- EASEMENT (T~) ~ \ ` `" ® /,~\~ 4~fhl4,yQ 4q?` - -®'S1. ,02 ~ I ~ 9156 1 \` \ ,\~\ ~ w ~ 1 1 10x31 I & 1 \\ \~ \$'\ \ ~ 9162 ~Q ® 1~ ~ $.1 I ~ ~ ~~i~/ I I 9152 \\ \ \ \ ~ faa 1 I 1 ~.~~~•w \\ \ \~~`'` d-° 4 ~ 31 113 ~ 1 ,m.6s ~~ CURVE TABLE CUt1E 1FN01N RA0615 OE7A CN 76.13 74.50 56DW41' c5o n.a< xim s' CSI 40.44 164.50 13'40'46' CS2 27.56 xi00 7901'41' c51 24.e4 Saco 267YS2' C64 714 24550 116'46' C65 27.46 J70.30 4'14'43' C66 3296 37aso s M7 46.64 12530 46'06• C66 77.48 12530 1706'31' CN 7.61 12550 c7o 20.94 xioo C7f 6x51 12200 C72 40.46 2500 111 ' C92 27.62 12550 12'44.47• 24. 12550 ms2o' C9f .m 1 so J509'34' J1.19 20.00 6921'29' C96 3x10 JIASO 920'33' C97 40.56 74.57 31'12'71' C96 76.14 xi00 10915'J6' C102 10126 100.00 '40' as saza 74500 CIOS 6607 100.00 CI21 60.42 J70.30 ' a 66.00 lxiso e• 0127 120.56 12550 41' CI24 167.E 2666.00 736 LINE TABLE IY6: LFNOIH aEA1+Nc LI ax u 230 u s26 l4 0.97 LS 10.74 L9 1266 N uo 0.69 u1 Sss L12 236 u3 e.9o L14 30.00 LIS 20.01 u6 20.00 7aa l2J 567 \ \ \ \\ \\\\ ~\ ry\\ ~\ 922D \ ~ ~~ ` \ \ \ ~ ~ ~ I \ ~\ \ ` ~ ` \\~J \ ~ o ~• ` c°° PARCEL A BLA ~~o%9ocy\ \ SCALE 1" = 30' i 0163 AFN sy ~ \ - - - - - - -t 8403130036 `~~~ a~9\ \ '1 ~~~ y 1 ~ 10' PUBLIC ~~ I p STORM EASEAIENi $, r - ~ I ~I N6szo'm~E I~ ~ I 101.66' S' u ~ 142 9212 158671'37'E' 100.00'- 1 I. ~I F f I I 1, (T~) ~1. g EASEMENT I TYP.) ~j 40 9224 I I :25.5' 25.5' I I ' ~I 9230 I I I 1aa I I ~ I I }y g ( /~ ~ I ~ fo9.e1 ~~ ~7/~ 10' umlTV I ~ ~ EASEMENT (iW.)A~ B O °'^ \ ~ i 75' LOT 43 's I ~9< ~ \ ti° \ ~i. ~ la .\ ,~ ' \'\, B.S.B.L. (TW) Irk o i nu~cluelnti n~re 11 o ~ \ \~. \~ I SEE SKEET 1 OF 5 FOR DEDICATION, LEC3AL DESCRIPTION, \ APPROVALS AND EASEMENT PROVISIONS SEE SHEET 2 OF 5 FOR SECTION SUBDIVISION, BOUNDARY CONTROL AND NOTES SEE SHEET 3 THROUC3H 5 FOR LOT LAYOUT, DETAILS AND DIMEN310N8 \ \ LARGE LOT \ \ ` ® ,~ \ o\ ,~,\ ~p ~ 9205 11$ .y 1 25.5' 25.5' 0538 ` LOT 3 \ ~ti \$-` ~ ~+ ~ .s ` ~ \ `\ .o°~~~~ g, \ , ~ 'xi ' \\\~\ ~ 2 \~a~~~~ ~ r i R \ b'4p\ \\ ~t``~~ ` ~ \ ~r\ R ~ 1oa6 N I I b \ y ~c \ \~,o~i\~\ ~ \ ; $ 9211 fo umm I EASENEN7 (71P.) --~ a: .. I \ \ \ \•~ \ \ ® \ t~ foa I I \ \ ~ \ ` I \ \ \ .. \ ` \ ~\y 100.00 I ~"o 'n ` II sc^F. /C9 ~l ` ~y ~ ~ i I sy'~o 4~ \ °j~~~ o,~,y~^ y ~ \ I I S Cl~~F~ ~ I °'^ \ . OFl~ ~ \ I PARCEL B \ BLA 0163 \ ~ I AFN \\ I 8403130036 ~ \, 1 _- _~ Zz'r' ^ F.ngi~ri x4m xYm Sxn. SuN. 200 Rss) u~awa fAK• (zul us-oeaa a~ (1p q~I77 I I I I 30' 30' I I I I I I I I I I I I i I I I 30' JO' I I I I t I I I I I SEE EASEMENT DETAIL TIi1S SHEET ~ SEE ~~ DETAIL TH13 SHEET 30' 130' I I 1 I I I I a I ~.g l I a 30' ' 30' ~ I I I ,no' I I I I I I 1 I I I I I I 30' I 30' ~ I I I PUBLIC STORM EASEMENT DETAIL Distribution of Final Plat Recorded Documents: Name Full Size 11 x 17 O=Original C=Cop Shell X Police Chief X Barb Bange X Buildin Official X Cit En ineer X ire District X Fire District X Public Works Proj mgr X X Copies of all O-Bill of Sale O-Warrant OM X X rston Co. Com X e m Comm. Schools X ema X e~ x Postmaster X elm Chamber X Applicant X X Copies of all documents Applicants En ineer X Project File X X All Originals (BOS&War to PW) Plat File X X Copies of all V L L i Copies to be made: 11x17 - 20 CCR's - 3 Bill of Sale - 3 Stormwater - 3 Warranty - 3 Subdivision Guarantee - 3 YELM CHAMBER OF COMMERCE PO BOX 444 YELM WA 98597 APPLICANT'S ARCHITECT SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 CHARLIE MAXWELL LEMAY, INC. (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 YELM POST OFFICE APPLICANT POSTMASTER APPLICANT'S ENGINEER OWNER BARB BANGE KEN BECKMAN CITY OF YELM ACCOUNTING YCOM NETWORKS DEPARTMENT PO BOX 593 PO BOX 479 YELM WA 98597 YELM WA 98597 GARY CARLSON CODY EVANS CITY OF YELM COMMUNITY c/o UPS DEVELOPMENT 7383 NEW MARKET STREET SE PO BOX 479 TUMWATER WA 98501 YELM WA 98597 CHIEF RITA HUTCHESON CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 PO BOX 777 PO BOX 777 YELM WA 98597 YELM WA 98597 STEPHANIE RAY TODD STANCIL CITY OF YELM PUBLIC WORKS CITY OF YELM POLICE DEPARTMENT PO BOX 479 PO BOX 479 YELM WA 98597 YELM WA 98597 ~r AMY TOUSLEY -~~ PUGET SOUND ENERGY \ r 2711 PACIFIC AVENUE SE `,716 OLYMPIA WA 98501 \ ~ ~ v~ ',/ ~ (,~ / Wednesday, March 14, 2007 Final Plat Recorded