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Final Recorded DocumentsCity of Yelm Community Development Department P.O. Box 479 Yelm, WA 98597 (360) 458-3835 (360) 458-3144 FAX Memorandum To: Interested Parties From: Tami Merriman, Assistant Planner Date: July 7, 2006 Re: SUB-OS-0096-YL -Country Vista Final Plat Enclosed please find the final recorded documents for Case Number SUB-OS-0096-YL, Country Vista, a 16 single family lot subdivision, on Mt. View Court SE and Mountain View Road SE. If you have any questions, please call me at (360) 458-8496. Tami Merriman I:\SUB Full Plat Subdivision\OS-0096 Country Vista\Final\dist final plat memo.doc Distribution of Final Plat Recorded Documents: ~. ', Name Full Size 11 x 17 O=Original C=Co Shell X Police Chief X Barb Bane X Buildin Official X Ci En ineer X Fire District X Fire District X Public Works Proj mgr X X Copies of all O-Bill of Sale O-Warrant YCOM X PSE X Thurston Co. Com X Yelm Comm. Schools X Lema X ~~iazom X Postmaster X Yelm Chamber X Applicant X X Copies of all documents A licants En ineer X Project File X X All Originals BOS&War to PW Plat File X X Co ies of all Copies to be made: 11x17 - 21 CCR's - 3 Bill of Sale - 3 Stormwater - 3 Warranty - 3 Subdivision Guarantee - 3 eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Warranty Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Landshapes Northwest, Inc 2. Country Vista Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 396 feet of the E '/4 of the S '/~ of the NE '/4 of the SE '/4 of S 13, T17N, R1 E Assessors Property Tax Parcel/Account Number: 21713310200 IIIIIIIIIIIIIIIIIIIIIIIIIIII 3845037 IIII IIIIII III IIII) II 06/30/2006 02303P IIIIII LANDSHAPES NORTHWEST, I AGR $34.00 Thurston Co. Wa. WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS ~: ~~ .:-' .~Y_;';'. t 1'~:~~ ,' ~ ;~.~,' (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as ~~~ . '~ ~ ~~ ~'_- ~` !,~ S~r11 a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the sp4ecifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal IIIIII VIII IIIIIII IIII IIIIII IIII IIIIII III VIII IIII IIII 0 8g 0102006 02303P LANDSHAPES NORTHWEST, I AGR $34.00 Thurston Co. Wa. and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement. 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City. ~.., STATE OF WASHINGTON) ss COUNTY OF THURSTON ) ~, t ~~ ' On this ~ day of ~ ~1 ~~ ~ ~- ~-- , 20 ~" h~ ,before me, the undersigned, a Notary Public in and f~r the State of Washington, duly commissioned and sworn, personally appeared ~ ~-~Y.~. ~~~<<;,C_, ~,~,~' 41 f"-- that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated tha#'he/sbe%they"was-(were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under s ~~"~~ ~ %U N'y~~ i~~//9~~ +'~~1 ~; ~~, ; } and seal this ;~'~:~- day of ~~ /_~~~ ~ , " , 20 . , ~ Notary Public in n f r the State__ of Washington residing in My commission expires: ~ /,', ! Dpi 3845037 IIIIIII 063 0.12006 02303P VIII I IIIIIII IIIIII IIIIII IIIIII VIII VIII IIIIIII Wa. LANDSHAPES NORTHWEST, I AGR $34.00 Thurston Co. eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale Water Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Landshapes Northwest, Inc 2. Country Vista Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 396 feet of the E '/4 of the S '/z of the NE '/4 of the SE '/4 of S 13, T17N, R1 E Assessors Property Tax ParceVAccount Number: 21713310200 3845036 (IIIIIIIIII 06 30./2006 02Z03P VIII III II IIIIIIIII IIIIIIIIII IIIIIIIIII VIII LANDSHAPES NORTHWEST, I MISC $33.00 Thurston Co. Wa. BILL OF SALE THIS BILL OF SALE is made and executed this ~1 }~ da} of 20 ~i, by and bet«een ~- . L.l"1~1(~~4'Y1D("~ ~i~~ and (?-E- yf'~~ ,hereinafter ca led the grantor(s), and the Cit`~ of Yelm a unicipal Corporation, ereinafter called the grantee. WITIV'ESSETH: That the grantor(s), for good and valuable consideration, the receipt of which is hereb~~ ackno~a~ledged, hereby convey, set over, assign and warrant to the City of Yelm the following described propert}~ situated in Thurston Count}, State of Washington, TO WfT: All water mains together with valves, valve boles, hydrants, piping, fittings, and all other appurtances lying within the following described easement area: Ding within dedicated rights of ways and easements for the Plat of Country Vista, City of Yehn Plat #ISlJ13-0~-(K)96-YL IN WITNESS V4'HEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if an}) to be affixed this \2~" da} of ~4G~ 20~. ._ John Lubbesmever ~ . Landshapes Northwest, Inc. STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On the _~~ day of . 20~, before me, a notary public in and for the State of Washington, duly commissioned and s~ ern, personally appeared Paul Lubbesme~~er to me known to be the Landshapes Northwest, Inc President and acknowledged the said instrument to be the free and voluntan~ act and deed of said corporation, for the uses and purposes therein mentioned, and on oath ~~ _=.s4::~ t17.1t lie is authorized to elecute the .aid instniment and that the seal affixed (if am) is the corporation seal of said corporation. t~"IT'.`ESS m1 hand and official seal ilia dig :uiil i mar .first-abo~„ ~~ ritt~n. MELISSA A. BEYER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 9, 2007 ~'otar~ Public in and for the ., - C~ri~~,c;.rv~ - S~ stzrl acccpt~d this day of ()_ Cite of ~'tln~ r~_.. u.. Director of Public 4vorks 3845036 II III VIII IIII IIII 06 /930.12006 02203P IIIIIIIIIIIIIII VIII 1111111 III illiil LANDSHAPES NORTHWEST, I MISC $33.00 Thurston Co. Wa. eturn Address ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale Sewer Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Landshapes Northwest, Inc 2. Country Vista Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 396 feet of the E '/4 of the S '/z of the NE '/4 of the SE '/4 of S 13, T17N, R1 E Assessors Property Tax ParceVAccount Number: . 21713310200 3845035 I IIII IIII 06 3 0./ 2006 02203P III III IIIIIIIIII IIIIIIiI IIIIIiIII IIIIIIII IIII LANDSHAPES NORTHWEST, I MISC $33.00 Thurston Co. Wa• BILL OF SALE THIS BILL OF SALE is made and executed this }t` day of ~~, 20 ~p by and behveen ~' '~= ` and ~^ .hereinafter called the grantor(s), and the City of Yelm a unicipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor(s), 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 ly7ng within the following described easement are: Lying within dedicated rights-of--ways and easements for the plat of Country Vista, Cit<_ of Yelm"s Plat #SUB-OS-0096-~"L The grantor(s) hereby «-arrants that he/she/they are the sole o«ner(s) of all the properri~ above conveyed, he/she/they have the full power to convey the same, and that he,~she/they ~yi11 defend the title of said grantee against any and all persons lawfully making claims thereto. Dated at Yelm, Washington, this ~ 21~ day of , 20~. John Lubbesmeyer Landshapes North;~est, Inc. SATE OF WASHINGTON ss COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that SOj'h'1 I~,~.bi7~ il'lf' BFI' ,:,(is are) the personf s) «ho appeared before me, and said perscn(s) acknotiyledged that , , ~ ,- • ~ e she/they) signed this instrument, and ackno~~ ledged it to be ,J'~1'lrl Li,f k~rG`;~l'lf'L f~'' 11~ er/their free and voluntary act for the uses and purposes therein mentioned. Given under my hand and seal this ~~"` day of MELISSA A. BEYER NOTARY PUBLIC STATE OF Ih'ASNINGTO~~ COMMISSION EXPIRLS JANUARY 9. 2CC7 , ~ - . " ]CZL4 Notar~~ Public in and for the State of Washington, residing in ~ "11 t), h(t rrt M}~ commission expires: j-+~-.')~ System accepted by the City of Yelm this day of _ 20 City of Yelm B_y Director of Public Works ~uiinuiAiiNiNiuiuiiiAUUiiiuiNUiinuii 3845035 Page: 2 of 2 06/30/2006 02 03P Thurston Co. Wa. RETURN ADDRESS Document Title(s) Residential Agreement to Maintain Stormwater Facilities Reference Numbers(s) of related documents Grantor(s) (Last, First and Middle Initial) Landshapes Northwest, Inc Country Vista Subdivision Grantee(s) (Last, First and Middle Initial) Landshapes Northwest, Inc Country Vista Subdivision Legal DCSCrlptlon (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) The north 396 ft of the E 1/4 of the s 1/2 of the NE 1/4 of the SE I/4 of S13-Ti~N-RAE Additional legal is on page Assessor's Property Tax Parcel/Account Number City of Yelm Additional grantors on page City of Yelm Additional grantees on page Additional Reference #=s on page 21~i33io2oo 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 g6.i8.oio. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. ,--'" r~~ ._... -- nature of Requesting Party VIII) VIII IIIIIII IIII I 3845038 IIIIIIIIIIIIIIIIIIIII 0630/2006 o2103P IIIIIIIIII LANDSHAPES NORTHWEST, I AGR $95.00 Thurston Co. Wa. .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Residential Agreement to Maintain Stormwater Facilities Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Landshapes Northwest, Inc 2. Country Vista Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 396 feet of the E '/4 of the S '/2 of the NE '/4 of the SE '/4 of S 13, T 17N, R 1 E Assessors Property Tax ParceVAccount Number: 21713310200 IIIIIIIIIIIIIIIIIIIIAII 08 80/02©06 X21©3P IIIIII VIII IIIIIII IIII IIIIII II LANDSHAPES NORTHWEST, I AGR $95.00 Thurston Co. Wa. RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN LANDSHAPES NORTHWEST, INC., THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND CITY OF YELM (HEREINAFTER "JURISDICTION") he upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP' S) are essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMP's. LEGAL DESCRIPTION: Lots 1 through 16 of the Plat of Country Vista as recorded in the office of the Thurston County Auditor. Located in the Section 13, Township 17, Range 1 E, W.M. Thurston County, Washington. Whereas, OWNER has constructed improvements, including but not limited to, building, pavement, and stormwater facilities on the property described above. In order to further the goals of the JURISDICTION to ensure the protection and enhancement of JURISDICTION'S water resources, the JURISDICTION and OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". III 3845038 IIII Pa e : 3 III 9 o f II 1 IIII 4 III II IIII IIII III III IIII IIII III , III IIII o6/ LA II 30/ .. NDSHAPES NORTHWEST, I AGR z©46 02.03P $95.00 Thurston Co. Wa. (2) Maintain a record (in form of a logbook) of steps taken to implement the programs referenced in (1) above. The logbook shall be available for the inspection by appointment at 1151 EAST 112 STREET, TACOMA, WASHINGTON 98445. The logbook shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow up actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists on Attachment "A" and use them to complete its monthly inspections. These completed checklists would then in combination, comprise the monthly logbook. (3) Submit an annual report to the JURISDICTION regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15t" of each calendar year and shall contain, at a minimum, the following: a) Name, address, and telephone number of the business, the person, or firm responsible for plan implementation, and the person completing the report. b) Time period covered by the report c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the logbook, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoices for services. d) An outline planned activities for the next year. THE JURISDICTION SHALL: (1) Provide technical assistance to OWNER in support of their operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as JURISDICTION time and resources permit, at no charge to OWNER. 3845038 VIII IIII IIII D6 3 0.12606 ©2103P IIIIIilllllllll IIIIIIIilllllli illlillllll LANDSHAPES NORTHWEST, I AGR $95.00 Thurston Co. Wa. (2) Review annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (3) Review this agreement with OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the JURISDICTION determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the JURISDICTION shall give OWNER notice of the specific maintenance and/or repair required. The JURISDICTION shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the JURISDICTION, written notice will be sent to OWNER stating the JURISDICTION'S intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any tine the JURISDICTION determines that the existing system creates any imminent threat to public health or welfare, the JURISDICTION may take immediate measures to remedy said threat. No notice to the persons listed in (1) above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grants unrestricted authority to the JURISDICTION for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except those maintenance actions explicitly assumed by the JURISDICTION in the preceding section. Such responsibility shall include reimbursement to the JURISDICTION within (90) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If III 3845038 IIII Page: 5 of 14 III III IIII III IIII III III III IIII IIII II IIII IIII ©6, IIII 3©/2 LANDSHAPES NORTHWEST, I AGR OD6 02.03P $95.00 Thurston Co. Wa, legal action ensues, any costs or fees incurred by the JURISDICTION will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the JURISDICTION. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the JURISDICTION. Dated this ~~day of 2006. _, ~,~.= ohn Lubbesmeyer Vice President STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day and year above personally appeared before me, JOHN LUBBESMEYER known to be the individual(s) described, and who executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. MELISSA A. BEYER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 9, 2007 Name: a - NOTARY PUBLIC in and for the State of Washington Residing at C~ ~ciCL~,~vt My appointment -~~'t~~ uuii iii iii~ii iu alai uu iiuA iu iuu iiu iui expires: 3845038 Page: 6 of 14 06!30!2006 02:03P Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Drainage Systems Q Conditions To Conditions That Fre uenc Feature Problem Check For Should Exist M Structure Trash & Distance between debris buildup and bottom of All trash and debris removed debris orifice plate is less than 1 %: feet. (includes sediment A Structural Structure is not securely attached to manhole Structure securely attached to wall and outlet damage wall and outlet pipe structure should support at pipe. least 1,000 ands of u or down ressure. A Structure is not in upright position (allow up to Structure in correct position. 10% from lamb . A Connections to outlet pipe aze not watertight and Connections to outlet pipe are watertight; show signs of rust. structure repaired or replaced and works as desi ed. M Any holes-other than designed holes--in the Structure has no holes other than designed structure. holes. M,S Cleanout Damaged or Cleanout gate is not watertight or is missing. Gate is watertight and works as designed. ate missin A Gate cannot be moved up and down by one Gate moves up and down easily and is maintenance erson. waterti t. M,S Chain leadin to ate is missin or dama ed. Chain is in lace and works as desi ed. A Gate is rusted over 50% of its surface area. Gate is repaired or replaced to meet design standazds. M,S Obstmctions Any trash, debris, sediment, or vegetation Plate is free of all obstructions and works as blockin the late. desi ed. M,S Overflow Obstructions Any trash or debris blocking (or having the Pipe is free of all obstructions and works as i e otential of blockin the overflow i e. desi ed. If you aze unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March of April preferred) M =Monthly (see schedule) S =After major storms Page K - 17 I IIIIII I P$g 5078of 14 IIII IIII III I 1111111 IIIIII IIIIIIIII IIIIII ©6 / 30 IIII ,z© III l)6 2.03P LANDSHAPES NORTHWEST, I AGR $95.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Drainage System ~ Conditions To Conditions That Fre uenc Feature Problem Check For Should Exist M,S General Trash, debris, Ttash or debris in front of the catch basin No trash or debris located immediately in from and sediment opening is blocking capacity by more than 10%. of catch basin opening. Grate is kept clean and in or on basin allows water to enter. M Sediment or debris (in the basin) that exceeds No sediment or debris in the catch basin. Catch 1/3 the depth from the bottom of basin to invert basin is dug out and clean. of the lowest i e into or out of the basin. M,S Trash or debris in any inlet or pipe blocking Inlet and outlet pipes free of trash or debris. more than 1/3 of its hei ht. M Structural Comer of frame extends more than 3/4 inch past Frame is even with curb. damage to curb face into the street (if applicable). frame and/or to slab M Top slab has holes lazger than 2 squaze inches or Top slab is free of holes and cracks. cracks wider than 1/4 inch (intent is to make sure all material is nuutin into the basin . M Frame not sitting flush on top slab, i.e., Frame is sitting flush on top slab. separation of more than 3/4 inch of the frame from the to slab. A Cracks in Cracks wider than 1/2 inch and longer than 3 Basin replaced or repaired to design standards. basin feet, any evidence of soil particles entering catch Contact a professional engineer for evaluation. walls bottom basin through cracks, or maintenance person 'ud es that structure is unsound. A Cracks wider than I/2 inch and longer than 1 No cracks more than 1/4 inch wide at the joint foot at the joint of any inleUoutlet pipe or any of inlet/outlet pipe. evidence of soil particles entering catch basin throu h cracks. A SettlemenU Basin has settled more than 1 inch or has rotated Basin replaced or repaired to design standazds. misali nment more than 2 inches out of ali ment. Contact a rofessional en ineer for evaluation. M,S Fire hazard or Presence of chemicals such as natural gas, oil, No color, odor, or sludge. Basin is dug out and other and gasoline. Obnoxious color, odor, or sludge clean. ollution noted. M,S Outlet pipe is Vegetation or roots growing in inleUoutlet pipe No vegetation or root growth present. clogged with joints that is more than six inches tall and less ve etation than six inches a art. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = After maJor storms Page K - 18 3845038 I IIII IIII 06 3 0.! 2LJ06 02103P III IIII IIIIIIII illllllil illllllllilll IIIIIIII LANDSHAPES NORTHWEST, I AGR $95.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M,S General Trash & debris Dumping of and wastes such as grass Remove trash and debris and dispose as buildup in pond. clippings and branches into basin. Unsrghtly prescribed by City Waste Management accumulation of non-de radable materials such Section. as lass, lastio, metal, foam, and coated er. M,S Trash rack plugged Bar screen over outlet more than 25% covered Replace screen. Remove trash and debris or missing by debris or missing. and dispose as prescribed by City Waste Management Section. M Poisonous t ti Any Qoisonous vegetation which may h d h bli E Remove poisonous vegetation. Do not vege a on constitute a azar to t e pu c. xamples of spray chemicals on vegetation without poisonous vegetation include: tansy ragwort, obtamm guidance from the Cooperative porson oak, stinging nettles, devilsclub. Extension Service and approval from the Ci . M,S Fire hazard or Presence of chemicals such as natural gas, oil, Find sources of pollution and eliminate pollution and gasoline, obnoxious color, odor, or sludge them. Water is free from noticeable color, noted. odor, or contamination. M Vegetation not rowin or is For grassy ponds, grass cover is sparse and d F tl d d For grassy ponds, selectively thatch, g g wee y or ~s overgrown. or we an pon s, aerate, and reseed ponds. Grass cutting overgrown plants are sparse or invasive species are unnecessary unless dictated by aesthetics. present. For wetland ponds, hand-plant nursery- grown wetland plants in baze azeas. Contact the Cooperative Extension Service for direction on invasive species h l l if suc as purp e oosestr e and reed canary grass. Pond bottoms should have uniform dense covers a of desired lant s ecies. M Rodent holes Any evidence of rodent holes if facility is Rodents destroyed and dam or berm acting as a dam or berm, or any evidence of repaired. Contact the Thurston County water prpmg through dam or berm via rodent Health Departrnent for guidance. holes. M Insects When insects such as wasps and hornets Insects destroyed or removed from site. interfere with maintenance activities, or when Contact Cooperative Extension Service mo uitoes become a nuisance. for 'dance. A Tree growth Tree growth does not allow maintenance Trees do not hinder maintenance access or interferes with maintenance activity activities. Selectively cultivate trees such (i.e., slope mowing, silt removal, or equipment as alders for firewood. movements). If trees are not interfering with access, leave trees alone. M Side slopes of d Erosion on berms t t / i Check around inlets and outlets for signs of Find causes of erasion and eliminate pon or a en rance ex t erosion. Check berms for signs of sliding or them. Then slopes should be stabilized by settling. Action is needed where eroded using ap ropriate erosion control damage over 2 inches deep and where there is measure(s); e.g., rock reinforcement, otenhal for continued erosion. lantin of s, coin action. M Storage area Sediment buildup in pond Accumulated sediment that exceeds 10% of the desi ned ond de th Buried or arti ll Sediment cleaned out to designed pond h d d h g p p . p a y buried outlet structure probably indicates ' s ape an ept ; pond reseeded if necessary to control erosion. si ficant sediment de osits. A Pond dikes Settlements Any part of dike which has settled 4 inches Dike should be built back to the desigi lower than the desi elevation. elevation. A Emergency Rock missing Only one layer of rock exists above native soil Replace rocks to design standards. overflow/ in area 5 square feet or larger, or any exposure illwa of native sorl. One Time Emerggency Overflow missing Side of pond has no area with lazge rocks to Contact City for guidance. overflow/ handle emergency overflows. illwa If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = Mier maJor storms Page K - 19 3845038 I IIII p6 3 p./ 2006 021©3P III IIII IIII IIII IIII III (IIII 111111 , (IIII Wa III Co . (IIII on IIII St LANDSHAPES NORTHWEST, I AGR $95.00 Thur ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M,S General Trash & debris See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. buildu in and M Poisonous See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. ve etation M,S Fire hazard or See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. ollution M Vegetation not See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. growing or is over wn M Rodent holes See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. M Insects See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. A Storage azea Sediment buildup A soil texture test indicates facility is not Sediment is removed and/or facility is in system working at its designed capabilities or was cleaned so that infiltration system works incorrectly designed. according to design. A sedimenttrapping azea is installed to reduce sediment trans rt into i~ltration area. A Storage area A soil texture test indicates facility is not Additional volume is added through drains slowlyy h 48 working at its designed capabilities or was i excavation to provide needed storage. (more t an ncorrectly designed. Soil is aerated and rototilled to improve hours or drainage. Contact the City for ove ows information on its requirements regazding excavation. M Sediment Any sediment and debris filling area to 10% of Clean out sump to design depth. trapping area depth from sump bottom to bottom of outlet pipe or obstructing flow into the connector t e. Cme Time Sediment Stormwater eaters infiltration area directly Add a trapping area by constructing a trapping area not without treatment. sump for settling of solids. Segregate present settling area from rest of facility. Contact Ci for idance. M Rock filters Sediment and By visual inspection little or no water flows Replace gravel in rock filter. debris throw h filter durin hea rain storms. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 20 3845038 VIII p630/2~ 6 2:©3P IIIIII IIIIII VIII IIII IIIIII 1111111 IIIIIIII VIII II Wa . LANDSHAPES NORTHWEST, I AGR $95.00 Thurston Co. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Frequency Drainage 0 Problem Conditions to Check For Conditions That Should Exist System Feature A Rock pad Missing or moved Only one layer of rock exists above native soil Replace rocks to design standard. rock in area 5 square feet or larger, or any exposure of native soil. A Rock-filled Missing or moved Trench is not full of rock. Add large rock (f30 lb. each) so that rock trench for rock is visible above edge of trench. discharge from and M Dispersion Pipe plugged Accumulated sediment that exceeds 20% of the Pipe cleaned/flushed. trench with sediment desi de th. M Perforations Over 1/2 of perforations in pipe aze plugged Clean or replace perforated pipe. lu ed with debris and sediment. M,S Not discharging Visual evidence of water dischazging at Trench must be redesigned or rebuilt to water property concentrated points along trench (normal standard. Elevation of lip of trench condition is a "sheet flow" of water along should be the same (flat) at all points. trench . Intent is to revert erosion dama e. M,S Water flows out Maintenance person observes water flowing Facility must be rebuilt or redesigned to to of "di t ib t " out during any storm less than the design storm i i standazds. Pipe is probably plugged or s r u or or t s causing or appears likely to cause damaged and needs replacement. catch basin dams e. M,S Receiving azea Water in receiving area is causing or has Stabilize slope with grass or other over-saturated tantial of landslide. etaticm, or rock if condition is severe. If you aze unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major stomrs Page K - 21 'IIIIII VIII IIIIIII IIII IIIIII IIII IIIIII III IIIIII III IIII 068 801020© 2:0 P LANDSHAPES NORTHWEST, 2 AGR $95.00 Thurston Co. Wa. ATTACHMENT °'A" (CONTINUED) Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M General Missing or Any defect in the fence or screen that permits Fence is mended or shmbs replaced to broken parts/dead easy entry to a facility. form a solid barrier to entry. shrubb M,S Erosion Erosion has resulted in an opening under a Replace soil under fence so that no fence that allows en b eo le or ets. o mn exceeds 4 inches in hei ht. M Unruly Shrubbery is growing out of control or is Shrubbery is trimmed and weeded to vegetation infested with weeds provide appealing aesthetics. Do not use chemrcals to control weeds. A Wire Fences Damaged parts Posts out of plumb more than 6 inches. Posts plumb to within 1 %z inches of lumb. A To rails bent more than 6 inches. To rail free of bends ater than 1 inch. A Any part of fence (including posts, top rails, and fabric) more than 1 foot out of desi n Fence is aligned and meets design t d d g ali ent. s an ar s. A Missin or -oose tension wire. Tension wire in lace and holdin fabric A Missing or loose barbed wire that is sagging Barbed wire in place with less than 3/4- more than 2'/z inches between posts. inch sag between posts. A Extension arm missing, broken, or bent out of Extension arm in place with no bends sha more than 1 %z inches. lar er than 3/4 inch. A Deteriorated Part or parts that have a rusting or scaling Structurally adequate posts or parts with a paint or condition that has affected stmctural adequacy. uniform protective coating. rotective coatin M Openings in Openings in fabric are such that an 8-inch- No openings in fabric. fabric diameter ball could fit ihro [f you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = After major storms F IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ©63002D06 2:©4 LANDSHAPES NORTHWEST, I AGR 3P $95.00 Thurston Co. Wa. ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Frequency Drainage 0 Problem Conditions to Check For Conditions That Should Exist System Feature M General Damaged or missing Gate is broken, jammed, or missing. Pond has a functioning gate to allow entry components of people and maintenance equipment such as mowers and backhoes. If a lock is used, make sure City Stormwater Section field staff have a ke . M Broken or missing hinges such that ggate Hinges intact and lobed. Gate is working cannot be easily opened and closed by a freely. maintenance erson. A Gate is out of plumb more than 6 inches and Gate is aligned and vertical. more than I foot out of desi ali ment. A Missing stretcher baz, stretcher bands, and Stretcher bar, bands, and ties in place. ties. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms v 72 IIII 3845038 IIII Pa e III 1 I III 9 3 IIII o f IIII I 14 IIII I III I III III I II I IIII L IIII ANDS IIII 0613 RAPES NORTHWEST, 0/2006 02:03P I AGR $95.00 Thurston Cc, Wa ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Frequency Drainage ~ Problem Conditions to Check For Conditions That Should Exist System Feature M,S Pipes Sediment & Accumulated sediment that exceeds 20% of the Pipe cleaned of all sediment and debris. debris diameter of the i e. M Vegetation Vegetation that reduces free movement of All vegetation removed so water flows water throu i es. freel throu h i es. A Damaged (rusted, Protective coatin is damaged; rust is causing e Pipe repaired or replaced. bent, or crushed) more than 50% d terioration to any part of i e. M Any dent that significantly impedes flow (i.e., Pipe repaired or replaced. decreases the cross section area of pipe by more than 20% . M Pipe has major cracks or tears allowing Pipe repaired or replaced. roundwater leaka e. M,S Open ditches Trash & debris Dumping of Yazd wastes such as grass clip in s and branches into basin Unsi htl Remove trash and debris and dispose as ib d b Cit W t M p g . g y accugtulation ofnon-de radable m t i l h prescr e y y as e anagement S ti g er a a s suc as lass, lastic, metal, foam, and coated a er. ec on. M Sediment buildup Accumulated sediment that exceeds 20% of the Ditch cleaned of all sediment and debris desi de th. so that it matches desi A Vegetation Vegetation (e.g., weedy shrubs or saplings) that reduces free movements of water through Water flows freely through ditches. Grassy vegetation should be left alone. ditches. M Erosion damage See Ponds Checklist. See Ponds Checklist. to slo es A Rock lining out Maintenance person can see native soil beneath Replace rocks to design standard. of place or the rock lining. missingg tf a lioab e Varies Catch basins See Catch Basins Checklist. See Catch Basins Checklist. M,S Swales Trash & debris See above for Ditches. See above for Ditches. M Sediment buildup See above for Ditches. Vegetation may need to be replanted after cleanin . M Vegetation not Grass cover is sparse and weedy or areas aze Aerate soils and reseed and mulch bare growing or overgrown with woody vegetation. areas. Maintain grass height at a overgrown minimum of 6 inches for best stormwater treatment. Remove woody growth, recontour, and reseed as necess M,S Erosion damage See Ponds Checklist. See Ponds Checklist. to slo es M Conversion by Swale has been filled in or blocked by shed, If possible, speak with homeowner and homeowner to woodpile, shrubbery, etc. request that swale azea be restored. incompatible use Contact City to report problem if not rectified voluntaril . A Swale does not drain Water stands in swale or flow velocity is very slow. Stagnation occurs. A survey may be needed to check grades. Grades need to be in 1-5% ran e if g possible. If grade is less than 1 %, underdrains ma need to be installed. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 24 3845038 IIII pg3 ©12006 02.Q3P II III III III III Wa . IIII III Co III on IIII st III ur III Th IIII 0 III .0 III 95 IIIII II R $ LANDSHAPES NORTHWEST, I AG eturn Address ity of Yelm ami Merriman ~ Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. ~favf- G~+d ~'~ c~;~.z 2. 3. Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Landshapes Northwest, Inc 2. Country Vista Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 396 feet of the E '/4 of the S '/2 of the NE '/4 of the SE 1/4 of S 13, T17N, R1 E Assessors Property Tax ParceVAccount Number: 21713310200 IIIIII VIII IIIIIII IIII IIIIII IIIIII 3845039 IIII III VIII IIII IIII 06 g ©12006 ©z$a3P LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa D7 CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 Order No.: 002046957 PROPERTY ADDRESS: 9125 MOUNTAIN vlEw ROAD Your No.: LANDSHAPES NORTHWEST SOUTHEAST YELM, WASHINGTON 98597 LANDSHAPES NORTHWEST 1151E 112TH ST TACOMA, WASHINGTON 98445 ATTN: MELISSA 1/1 Enclosed are your materials on the above transaction. If you have any questions regarding these materials, please contact us. Thank you for this opportunity to serve you. THURSTON COUNTY TITLE UNIT TELEPHONE: (360) 456-7878 FAX: (360) 493-1985 MARK A. KARJALAHTI TITLE OPERATIONS MANAGER (E-MAIL: KARJALAHTIM@CTT.COM) TAMI SWILLEY TITLE ASSISTANT (E-MAIL: SWILLEYT@CTT.COM) ********************************************************************** IIIIII VIII I P89 5029of 8 IIIIIIIIIII IIIIIIII IIIIIII m6,3 IIIIIIII OJ20© IIIIIIII 6 02 ©3 P LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa. ~ CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVENUE SE, OLYMPIA WA 98501 (360) 456-7878 ORIGINAL INVOICE: 04/17/06 INVOICE AS OF: 04/17/06 ORDER NUMBER: 2046957 ESCROW NUMBER: 2046957 CUSTOMER NUMBER: 0009999 -ooo ATTN: DEPARTMENT NUMBER: 00142 MISC POLICY(S) APPLIED FOR: PLAT CERTIFICATE $ 1, 000.00 YOUR REFERENCE: LANDSHAPES NORTHWEST LANDSHAPES NORTHWEST 1151 E 112TH ST TACOMA WA 98445 CODE DESCRIPTION AMOUNT PCC PLAT CERTIFICATE 200.00 TST TITLE PREMIUM SALES TAX 16.80 BALANCE DUE: $216.80 IIII IIII p68 80102p06 028p3P III IIIIII III VIII IIIIIIIIIIIIIIIIII IIIIIIIIIII LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa. PLEASE ENCLOSE A COPY OF THIS INVOICE WITH YOUR REMITTANCE IN~I0ICE3-6-22-95/RLK CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA, WA 98501 PLAT CERTIFICATE Order No.: 2046957 Certificate for Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and County Clerk of THURSTON County, Washington, and the records of the Clerk of the United States Courts holding terms in said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN: LANDSHAPES NORTHWEST, INC., A WASHINGTON CORPORATION EXCEPTIONS: SEE SCHEDULE B ATTACHED CHARGE: $ 2 0 0 .0 0 TAX: $16 .8 0 Records examined to APRIL 5 , 2 0 0 6 at ~ : 0 0 AM By ~T MARK A KARJALAHTI Title Officer (360)456-7878 IIIIIIIIIIII Pa9e:04gof 8 IIIIIIIIIIIIII IIIIIIIIIIII ©6,3©! IIIIIIIIIIII 2©06 02 IIII 3P LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa. CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No.: 2046957 LEGAL DESCRIPTION THE NORTH 396 FEET OF THE EAST QUARTER OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M. EXCEPT COUNTY ROAD KNOWN AS MOUNTAIN VIEW ROAD ALONG THE EAST BOUNDARY THEREOF. IN THURSTON COUNTY, WASHINGTON ~: I IIIIII VIII IIIIII P8g 5059of 8 I IIII IIIIII IIII III °6130/ IIIIIIIIIIIIIIII z©©6 ©2.03P III LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa. CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.: 2046957 This certificate does not insure against loss or damage by reason of the following exceptions: GENERAL EXCEPTIONS: A. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. B. Rights or claims of parties in possession not shown by the public records. C. Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the premises. D. Easements or claims of easements not shown by the public records. E. Any lien, or right to lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any service, installation, connection, maintenance or construction charges for sewer, water, electricity or garbage removal. H. General taxes not now payable; matters relating to special assessments and special levies, if any, preceding or in the same becoming a lien. I. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. J. Water rights, claims, or title to water. K. THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). 3845039 I IIII p63 0.12006 0 $~3P IIIII III IIII IIIII IIII IIII IIII IIII IIIII IIII IIII IIII LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa• CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2046957 EXCEPTIONS a 1. DELINQUENT GENERAL TAXES: YEAR: AMOUNT BILLED: AMOUNT PAID: AMOUNT DUE: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS: 2005 $ 1,681.47 $ 840.74 $ 840.47,-PLUS INTEREST AND PENALTY 2171 33 10200 170 $ 84,350.00 $ 69,800.00 B c 2. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): YEAR: TAX ACCOUNT NUMBER: LEVY CODE: ASSESSED VALUE-LAND: ASSESSED VALUE-IMPROVEMENTS GENERAL & SPECIAL TAXES: 2006 2171 33 10200 170 $ 84,350.00 $ 69,800.00 BILLED: $ 1,888.62 PAID: $ 0.00 UNPAID: $ 1,888.62 3. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANDSHAPES NORTHWEST, INC. TRUSTEE: CHICAGO TITLE INSURANCE COMPANY BENEFICIARY: FIFE COMMERICAL BANK AMOUNT: $ 201,262.64 DATED: MAY 12, 2004 RECORDED: MAY 17, 2004 RECORDING NUMBER: 3641583 LOAN NUMBER: NOT DISCLOSED THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. n 4. ASSIGNMENT OF RENTS AND/OR LEASES AND THE TERMS AND CONDITIONS THEREOF: ASSIGNOR: LAND5HAPES NORTHWEST, INC. IIIIII VIII IIIIIII P age :0 79of 8 IIII 111111 III 06/ IIIIIIIIIIillll 30!2006 02.0 illlllll 3P .ANDSHAPES NORTHWEST- i pc xzo mm ri......~.a__ r,_ ~~_ CHICAGO TITLE INSURANCE COMPANY ASSIGNEE: DATED: RECORDED: RECORDING NUMBER: PLAT CERTIFICATE SCHEDULE B (Continued) Order No.: 2046957 FIFE COMMERICAL BANK MAY 12, 2004 MAY 17, 2004 3641584 E 5. EXCEPTIONS AND RESERVATIONS CONTAINED IN DEED FROM THE STATE OF WASHINGTON, WHEREBY THE GRANTOR EXCEPTS AND RESERVES ALL OIL, GA5E5, COAL, 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; RECORDED UNDER RECORDING NUMBER 605288. r RIGHT OF STATE OF WASHINGTON OR ITS SUCCESSORS, SUBJECT TO PAYMENT OF COMPENSATION THEREFOR, 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, A5 RESERVED IN DEED REFERRED TO ABOVE. END OF SCHEDULE B x MK/SM 3845039 IIII IIII p6 3 p.12006 02803P III VIII Illilll Ilill IIIIIIII IIIIIIII 111111 VIII LANDSHAPES NORTHWEST, I PC $39.00 Thurston Co. Wa. .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of Protective Covenants, Conditions, Easements, & Restrictions for Country Vista Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Landshapes Northwest, Inc 2. Country Vista Subdivision Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 396 feet of the E 1/4 of the S '/2 of the NE '/4 of the SE '/4 of S 13, T 17N, R1 E Assessors Property Tax ParceVAccount Number: 21713310200 IIIII 3845040 IIIII Pa IIII e. IIIII 9 1 o f IIIII z IIII 4 IIII III IIII IIIII LA IIII NDS IIII HAP III 6,3 ES NORTHWEST, I COV ©2006 02:03P $55.00 Thurston r ~~_ After Recording Return to: Landshapes Northwest, Inc. 1151 East 112' Street Tacoma, Washington 98445 DECLARATION OF PROTECTIVE COVENANTS, CONDITONS, EASEMENTS & RESTRICTIONS FOR COUNTRY VISTA Grantor: Landshapes Northwest, Inc., a Washington "S" Corporation Grantee: Country Vista Legal Description: Lots 1 through 16 of the plat Country Vista as recorded in the office of the Thurston County Auditor Assessor's Taa Parcel No.: 21713310200 The Declarant herein as the owners in fee of the real property legally described in this Declaration, hereby covenant, and declare, that all of the properties and housing units constructed on the properties are and will be held, sold, and conveyed subject to this Declaration, which is made for the purpose of enhancing and protecting the value, the desirability and attractiveness of the properties for the benefits of all the properties and their owners. The covenants, restrictions, reservations, and conditions, contained in this Declaration shall run with the land as easements and equitable servitude's, and shall be binding upon the properties and each portion thereof and all persons owning, purchasing, leasing, subleasing or occupying any lot on the properties and upon their respective heirs, successors and assigns. Individual lot owners shall be responsible for maintenance and care of landscaping along with all adjacent right if way's. ARTICLE ONE: DEFINITONS For the purpose of the Declaration, Articles of Incorporation and Bylaws of the Association, certain words and phrases have particular meanings, which are as follows: 1. "ACC" shall mean the Architectural Control Committee, as described in this Agreement. 2. "Articles" shall mean the Association's articles of Incorporation and any amendments. 3. "Association" shall mean the Country Vista Homeowner's Association formed as a nonprofit Corporation for the purpose of administering this Declaration. 4. "Board" or "Board of Directors" shall mean the Board of Directors of the Association. 5. "Bylaws" shall mean the Association's Bylaws and any amendments. III 38 IIII 45 III 04 II 0 IIII III II III III P II a LA IIII 9e . ND II 2 SH III o AP III f ES II 24 N III o II RT III HW III o EST I 6i I COV 3012006 ~2:~3P $55.00 Thurston Cc Wa 6. "Common Areas" shall include but not limited to Tract A as delineated on the Plat of Country Vista. Common areas shall also mean the property both real and personal in which the Association has been granted an ownership interest, easement, or right of control by any written instrument including this Declaration or by delineation and declaration of the same on the plat map recorded as referred to above. 7. "Declaration" shall mean this Declaration of Protective Covenants, Conditions and Restrictions. 8. "Developer Declarant" The Developer and Declarant shall mean Landshapes Northwest, Inc., a Washington "S" Corporation. However, Developer shall also include any entity, which purchases multiple lots from Landshapes Northwest, Inc., for the purposes of constructing residences thereon. Until such time as Landshapes Northwest, Inc., or any other entity purchasing multiple lots has sold all the lots by that party, then such party shall jointly exercise all rights reserved to the Declarant as set forth in this Declaration. At any time as such party has sold or conveyed all the lots held by that entity then that party shall no longer be considered a Developer or Declarant. 9. "Development Period" shall mean the period of time from the date of recording of this Declaration until 180 days after the date upon which 100% of the lots have been sold by the Developer, or any shorter period, as determined by the Developer. A partial delegation of authority by the Developer of any of the management duties described in this Declaration shall not terminate the development period. In the event any loans with respect to any of the lots are insured through the Federal Housing Administration (FHA), the Veteran's Administration (VA), the Federal National Mortgage Association (FNMA), and the Federal Home Loan Mortgage Corporation, then in that event, the Development Period shall terminate at such time as 75% of all the lots have been closed and sold to other than builders. 10. "Housing Unit" shall mean the building occupying a Lot. 11. "Institutional First Mortgage" or "Mortgagee" shall mean a bank or savings and loan association or established Mortgage Company, or other entity chartered under federal or state laws, any corporation or insurance company or state of federal agency, which holds a first note, or deed of trust against a Lot or Housing Unit thereon. 12. "Lot" shall initially refer to one of the Lots located in the Real Property described in the Plat of Country Vista. 13. "Member" shall mean every person or entity that holds a membership in the Association. 14. "Mortgage" shall mean a mortgage or deed of trust encumbering a Lot or other portion of the Properties. 15. "Owner" shall mean the recorded owner of a Lot, whether one or more persons or entities, but excluding those having such interest merely as security. Areal estate contract purchaser shall be deemed the Owner. 16. "Person" shall mean a natural person, a corporation, a partnership, trustee or other legal entity. I IIIIII P 89 50 30of 24 VIII III IIIIIIII 1111111 IIIIII IIIIII VIII IIIIIIII 6/3012 LANDSHAPES NORTHWEST, I COV 006 o2.o3P $55.00 Thurston Co. Wa, 17. "Real Property" that is subject to this Declaration is legally described as Lots 1 though 16 of Country Vista. 18. "Sale" or "Sold" shall mean the date upon which ownership of a Lot is transferred from and Owner to another person or entity by recordation of an instrument of transfer such as a deed or real estate contract. ARTICLE TWO: MANAGEMENT OF COMMON AREAS AND ENFORCEMENT OF DECLARATION Section One: Development Period. During the development period the Declarant Country Vista shall appoint the sole director of the Association. The Declarant may also appoint members of the Association to other committees or positions in the Association as the Declarant deems appropriate to serve at the Declarant's discretion and may assign such responsibilities, privileges, and duties to the Members as the Declarant determines for such time as the Declarant determines. Any member appointed by the Declarant during the development period may be dismissed at the Declarant's discretion. The Declarant shall also appoint members to the Architectural Control Committee. At such time as the Declarant has sold and conveyed all lots, then the Declarant may resign as a director of the Association and from any other committees for the duration of the development. At such time as the Declarant has sold and conveyed all lots then any Developer as defined in this Agreement for the duration of the development period shall be entitled to appoint a director to the Association as well as a Member to the Architectural Control Committee. Section Two: Purpose of Development Period. The Developer's control of the Association during the Development Period is established in order to ensure that the Properties and the Association will be adequately administered in the initial phases of the development, ensure an orderly transition of Association operations, and to facilitate the Developers completion of construction of Housing Units. Section Three: Authoritv of Association After Development Period. At the expiration of Developer's management authority the Association shall have the authority and obligation to manage and administer the Common Areas and to enforce this Declaration. Such authority shall include all authority provided for in the Association's Articles, Bylaws, rules and regulations and this Declaration. The Association shall also have the authority and obligation to manage and administer the activities of the ACC in its responsibilities as described in this agreement. 3845040 II Page. 4 of 24 II p613012~~6 02.03P III II III III a . III . w II Co II IIII on II st III ur III Th II IIII 00 III 5. III 5 II IIII V III D LANDSHAPES NORTHWEST, I C Section Four: Delegation of Authority. The Board of Directors or the Developer may delegate any of its managerial duties, powers, or functions to any person, firm, or corporation. The Boazd and the Developer shall not be liable for any breach of duty, negligence, omission, intentional act or improper exercise by a person who is delegated any duty, power or function by the Boazd of Directors or the Developer. Section Five: Termination of Development. Upon termination of the development period, the Declarant, or in the event the Declarant has resigned as a director of the association, then the Developer, in accordance with the by-laws, shall conduct by mail an election of a board of directors who shall then act in accordance and in connection with the terms and provisions of the articles of incorporation, by-laws and this Declaration. However, in the alternative, not less than ten (10), nor more than thirty (30), days prior to the termination of the development period, the Declarant, or any Developers who then constitute the board, may give written notice of termination of the development period to the owner of each lot. Said notice shall specify the date when the development period will terminate and that at such time a meeting of the Members shall be called in accordance with the by-laws at which time Members shall then elect directors in accordance with the terms and provisions of the articles of incorporation, by-laws and this Declaration. ARTICLE THREE: MEMBERSHIP Every person or entity who is an Owner of any Lot agrees to be a Member of the Association by acceptance of deed for such Lot. Membership may not be separated from ownership of any Lot. All members shall have rights and duties as specified in this Declaration, and in the Articles and Bylaws of the Association. ARTICLE FOUR: VOTING RIGHTS Members shall be entitled to one vote for each Lot owned. No more than one vote shall be cast with respect to any Lot. The voting rights of any Member may be suspended as provided in the Declaration, or Articles or Bylaws of the Association. Members' votes may be solicited and tabulated by mail or facsimile. ARTICLE FIVE: DEED AND DEDICATION OF COMMON AREAS Section One: conveyance of Common Areas• Upon recording of this Declaration, the Declarant does hereby convey and transfer all of its right, title and interest in and to Tract A as shown on the plat of Country Vista, to the adjoining parcels to the west. The Declarant, however, reserves for the benefit of the Declarant, its successors and assigns, those certain rights of use, ingress, egress, occupation, and control indicated elsewhere in this declaration for the duration of the development, at which time this reservation shall cease and then be of no further farce and effect. This tract and any other real properties and improvements which are described herein are referred to as the "Common Areas" together with any easements which are for the benefit of the Association or Members which are also defined as being "Common Areas" under the terms of this Declaration. Section Two: Property Ri~l-ts in Common Areas• The Association shall have the right and obligation to maintain improvements, vegetation, signage and utilities in and on all common areas, including the maintenance 3845040 III IIII pg 3 ~./ 20D6 D2 :: ©3P 111111 IIIIIIII IIIII 1111111 IIIII (IIII IIII IIII IIII LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa• of the storm water system. The Association shall have the exclusive right to use and manage the common areas in a manner consistent with the plat, this Declaration, the Articles and the by-laws of the Association. ARTICLE SIX: MAINTENANCE AND COMMON EXPENSES Section One: Standard of Maintenance -Common Areas. The Association shall maintain the Common Areas in a manner consistent with good building and nursery practices, and in compliance with all applicable codes and regulations. The common areas shall include but not be limited, as defined below, together with all easements, which are for the benefit of all lot owners. The common areas include but are not limited to the following: A. Tract A is a storm water retention tract described in and shown on the Plat of Country Vista. B. Tract A is open space tract described in and shown on the Plat of Country Vista. C. All easements which have been established for the benefit of lot owners or the Association, or which may be delineated on the plat of Country Vista, which easements are reserved for the benefit of all lot owners as well as easements which are reserved for the benefit of the Association for the purpose of the installation, maintenance, and repairing of any improvements or any other installations constructed within said easement areas. Section Two: Standard of Maintenance -Lots and Plantingtrips. Each Lot Owner hereby covenants and agrees to maintain his respective Lot (including as a part of said Lot the Planting Strip located between the street and the sidewalk adjacent to the Owner's respective Lot, if any), and the Housing Unit located thereon in the same condition as a reasonably prudent homeowner would maintain his own home so that the real property will reflect a high pride of ownership. Each Lot Owner shall perform at the Lot Owner's expense the maintenance and upkeep of any drainage swales andlor underground drain lines and catch basins installed on their Lot. Section Three: Remedies for Failure to Maintain. If any Lot Owner shall fail to conduct maintenance on his Lot or exterior of the Housing Unit located thereon, or fails to maintain the Lot and the exterior of the Housing Unit in the same condition as a reasonably prudent homeowner, or in a manner which preserves the drainage for other Lots, the Association shall notify the Lot Owner in writing of the maintenance required. If the maintenance is not performed within thirty (30) days of the date notice is delivered, the Association shall have the right to provide such maintenance, and to levy an assessment against the non-performing Lot Owner and his Lot for the cost of providing the maintenance. The assessment shall constitute a lien against the Lot owned by the non- performing Lot Owner and may be collected and foreclosed in the same manner as any other delinquent monthly or special assessment. The Association shall have all remedies for collection as provided in this Declaration. In the event that emergency repairs are needed to correct a condition on a Lot, which poses a substantial risk of injury or significant property, damage to others, the Association may immediately perform such repairs as may be necessary after the Association has attempted to give notice to the Lot Owner of the repairs necessary. Such notice in emergency circumstances shall be sufficient are attempted orally or in writing immediately prior to the Association's undertaking the necessary repairs. Emergency repairs performed by the Association, if not paid for by the Lot Owner, may be collected by the Association in the manner provided for herein, notwithstanding the failure of the Association to give the Lot Owner the thirty (30) day notice. Section Four: Common Expense. The Association shall perform such work as is necessary to carry out the duties described in this declaration, and shall delegate the responsibility for management and supervision of such work to the Board, the ACC or to a manager or agent hired by the Board for the purpose of such management and supervision. Expenses for such work shall be paid by the Association for the benefit of all Lot Owners and shall be referred to as Common Expenses. The Common Expenses shall be paid by the Association from funds collected from assessments paid by Lot Owners. The Common Expenses shall include, but shall not be limited to, the following: IIIIII VIII (IIIIII IIII IIIIII 3845040 IIIIIIIIIIIIIIIIIIIIIIIIII o6go,z0o6 02?03P LANDSHAPES NORTHWEST, $55.00 I COV Thurston Co. Wa. 1. The real property taxes levied upon the Association for the Common Areas; 2.The cost of maintaining all required insurance coverage and fidelity bonds on any Common Areas, and for directors and officers of the Association and the ACC; 3.The cost of maintaining, repairing and replacing all Common Area improvements, the storm water system within the Plat, signs, perimeter fencing, if any, constructed by the Declarant, and plantings and landscaping situated on any planting strips which are located between the edge of any sidewalks and the curb of any roadway with the Plat, if the same are not maintained by applicable governmental jurisdictions. The cost of maintenance of all landscaping along easement boundaries, which are adjacent to residential lots, including but not limited to the storm water facilities and the storm water facility easement. 4.The Association shall also assume, pay and be responsible to maintain the storm water facilities and to implement a pollution source control plan according to the terms of an agreement to be executed between the City of Yelm and the Declarant. S.Any other expense which shall be designated as a Common Expense in the Declaration, in its Exhibits, or from time to time by the Association. Section Five: Sanctions for Failure to Maintain. In the event the Association or its successors, in the judgment of the City of Yelm, fails to maintain drainage facilities within the plat, or if the Association or its successors willfully or accidentally reduces the capacity of the drainage system or renders any part of the drainage system unusable, the Association or its successors agree to the following remedy: After thirty (30) days notice by registered mail to the Association or successors, the City of Yelm may correct the problem or maintain facilities as necessary to restore the full design capacity of the drainage system. The City of Yelm will bill the Association or successors for all costs associated with the engineering and construction of the remedial work. The City of Yelm may charge interest as allowed by law from the date of completion of construction. The City of Yelm will place a lien on all of the property of the Association and/or lots within the Plat of Autumn Hill II for payments in arrears. Costs or fees incurred by the City of Yelm, should legal action be required to collect such payments, shall be borne by the Association or successors. Section Six: Extraordinary Use Expenses. In the event that one or more lot owners should by their use of the Common Areas cause it to be subjected to other than reasonable wear and tear, or by their actions damages those Common Areas or any other improvements located thereon or therein, then the individual subjecting the Common Area to such use shall have the obligation to repair such damage, upon demand of the Association, and to restore such Common Area to the condition that existed prior to such use or action, and all expenses therefore shall be paid by such individual. Section Seven: Owners' Easements of Enjoyment. Each owner shall have a right in an easement of enjoyment in and to the Common Areas, which shall be appurtenant to and shall pass with title (or, if applicable, with the equitable title held by real estate contract purchaser) to every lot, subject to the following provisions: A. The right of the Declarant or the Association to establish use and operation standards for all common areas, to be binding upon all Association Members along with enforcement standards. B. The right of the Declarant (during the development period) to dedicate or transfer all or any part of the common areas to any public agency, authority or utility for such purpose and subject to such conditions as the Declarant or Members, as applicable, may deem appropriate. After the development period, no such dedication or transfer shall be effective unless the instrument agreeing to such dedication or transfer is signed by owners of two- thirds of the lots have been recorded. 3845040 II IIII p63 D.I2006 02 03P IIIIII IIIIII IIIIII IIIIII IIII IIII IIIII IIII IIII IIII LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa• C. Any owner may delegate their right of enjoyment to the common areas and facilities to the members of their family, their tenants, or their guests, subject to the limitations set forth above. Section Ei t: Insurance. Nothing shall be done or kept in any common areas, which will increase the rate of insurance on the common areas or other lots or improvements without prior written consent of the board. Nothing shall be kept in any common area which will result in cancellation of insurance on any part of the common areas or which would be in violation of any laws or ordinances. Section Nine: Alteration of Common Areas and Common Maintenance Areas. Nothing shall be altered or constructed in, or removed from any common maintenance area or common area except upon prior written consent of the board. There shall be no construction of any kind within the common areas except that community improvements may be constructed if two-thirds of the Members of the Association authorize (1) the construction of such improvements, and (2} assessment for such improvements. Also, any such improvements would be subject to acquisition of all required permits from governmental agencies. This Section shall not limit or prohibit Declarant (and no Member's consent shall be necessary), during the development period, from constructing or altering any such improvements to any common area or any common maintenance area, which Declarant in Declarant's sole discretion, deem for the benefit and enhancement of said areas and the Association in general. Section Ten: Dumping in Common Area, Common Maintenance Areas. No trash, construction debris, or waste, plant or grass clippings or other debris of any kind, nor any hazardous waste, (as defined in federal, state or local law regulation) shall be dumped, deposited or placed on any common areas, common maintenance areas or easements. The Declarant (during the Development Period) and the Board thereafter, shall retain rights for enforcement and initiation of penalties for violations of this policy. Section Eleven: Landscaping and Fencing. No permanent structures or landscaping of any kind, including fences, walls or shrubs, may be built or places within any right of way easements or other easements as delineated on the plat except as deemed appropriate by the board. The fencing cannot exceed past the front of the house on any corner lots. This prohibition shall not apply to the landscaping and any improvements in the common maintenance areas installed by the Declarant, nor shall this Section prohibit the Association from installing additional improvements or landscaping within the designated common areas or common maintenance areas, nor shall this section prohibit the installation of fences as may be otherwise allowed in this Declaration, nor shall this section prohibit the installation of landscaping on private lot areas encumbered by utility easements not otherwise restricted in this Declaration. Also, this prohibition shall not apply to landscaping of front or side yards of lots extending to the edge of the curb or sidewalk and the public right of way. Section Twelve: Mana ement. Each owner expressly covenants that the Declarant (during the Development Period) and the board thereafter, may delegate all or any portion of management authority to a managing agent, manger or officer of the Association and may enter into such management contracts or other service contracts to provide for the maintenance of the common areas and common maintenance areas and any portion thereof. Any management agreement or employment agreement for maintenance or management may be terminable by the Association without cause upon not more than ninety (90) days written notice thereof. (However, this shall not be applicable if the management agreement provides for any other specific termination.) The term of any such agreement shall not exceed one year, renewable by Agreement of the parties for such successive periods of up to three years each. Each owner is bound to observe the terms and conditions of any management agreement or employment contract, all of which shall be made available for such inspection by any owner upon request. Any fees or salary applicable to any such management employment or service agreement shall be assessed to each owner. ARTICLE SEVEN: ASSESSMENTS Section One: Covenants for Maintenance Assessments. IIIIIIII P8ge:080of 24 IIIIIIII III IIII I (IIIIIIII IIIIIIII I Iilll II ©6 / 30 II IIII ! 2006 D2.©3P LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. a) Declazants, for each Lot owned by it, agrees, and each Owner of a lot by acceptance of a deed therefore, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to agree to pay to the Association annual or other regular assessments. b) The annual or other regulaz and special assessments, together with interest, costs and reasonable attorney's fees, shall be a chazge and continuing lien upon Lot against which each such assessment is made. Such lien may be foreclosed by the Association in like manner as a Mortgage on real property. c) Each assessment, together with interest, cost and reasonable attorney's fees, shall also be the personal obligation of the person who was the Owner of the Lot assessed at the time of the assessment fell due. The personal obligation shall not pass to the Owner's successors-in- interest unless expressly assumed by them. The new Owner shall be personally liable for assessments, which become due on and after the date of sale or transfer. d) Unless otherwise provided for in this Declaration, no lot owned by a Declarant shall be subject to any annual or other assessments. Section Two: Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the purpose of promoting the recreation, health, safety and welfare of the residents of the Property, including the improvement, repair and maintenance of the Common Areas and the services and facilities related to the use and enjoyment of said azeas, for the payment of insurance premiums on the Common Areas, and for the maintenance of other areas as provided for in this Declaration. Section Three: Board to Fix Annual or Regular Assessment. The Board of Directors shall fix the regular or annual assessment at least thirty (30) days prior to the commencement of the annual or regulaz assessment period. Written notice of the annual or regular assessment shall be sent to every Owner. In the event the Board fails to fix an annual or regular assessment for any assessment period, then the assessment established for the annually or regular assessment for the prior year shall automatically be continued until such time as the Boazd acts. The annual or regulaz assessments shall be sufficient to meet the obligations imposed by the Declaration and any supplementary declarations, and shall be sufficient to establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas which require such actions on a periodic basis. That in the event there is any increase in the annual or regular assessment of more than five percent (5%) of the annual or regular assessment for the prior assessment period, then it must be approved as provided for in the Bylaws of the Association which are incorporated herein as though fully act forth. Section Four: Special Assessment for Capitol Improvements. In addition to the annually or regulaz assessments authorized above, the Association may levy in any assessment year, as special assessment applicable to that yeaz only, for the purpose of defraying, in whole or in part, the cost of any construction or reconstruction, unexpected repair or replacement of capitol improvements upon the Common Areas, including the necessary fixtures and personal property related thereto. That any special assessment for capital improvements must be approved in accordance with the provisions of the Bylaws of the Association which are incorporated herein as though fully set forth. Section Five: Rate of Assessment. Both annually or regulaz and special assessment shall be fixed at a uniform rate for all Lots. Section Six: Initial Assessment. The initial assessment which shall be paid by any Lot Owner who acquires a lot from the Developer shall pay $100.00 for each lot so acquired at time of closing of the purchase of said Lot, which amount shall be paid to and held by the Association to pay for the association expenses under the terms of this said Declaration. This initial assessment shall be paid in addition to the annual assessment or any pro rated portion thereof, which may be assessed pursuant to Section Seven. Section Seven: Annual Assessment. The annual assessment shall be $200.00 per lot commencing on January 1, 2006. Each lot owner, upon purchasing from a developer or builder, shall pay the pro rata portion of said assessment. Said assessment shall be due on or before January 30`t' of each yeaz in which the assessment is 3845040 IIIIII m6g x./2006 ~2 ~3P IIIII IIIII IIIII IIIII IIII IIIII III IIIII IIII IIII IIII a LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. W made. The above referenced annual assessment and all subsequent annual assessments shall be paid to the Homeowner's Association who shall then pay for the expenses of the Association as required under the terms of this Declaration. In the event the expenses of the Association are in excess of the assessments collected, then the developers who subsequently purchased from the Declarant shall pay the difference to the Association on a pro rata basis as determined by the number of lots owned by all such developers. At such time as there had been sufficient assessments collected by the Association, then said developer shall be reimbursed. The Declarant shall not be responsible or liable for the payment of any assessments against any lot owned by the Declarant. Section Eight: Certificate of Payment. The Association shall, upon written demand, furnish a certificate in writing setting forth whether the assessment on a specified Lot has been paid. A reasonable charge may be made for the issuance of the certificate. Such certificate shall be conclusive evidence of payment of any assessment stated to have been paid. Section Nine: Special Assessments. In addition to the assessments authorized above, the Association, by its Board of Directors may levy, in any year, a special assessment applicable to that year only, for the purpose of defraying the cost of any construction or reconstruction, unexpected repair or replacement of facilities in the Common Areas. However, the Developer shall not be obligated to pay any special assessments on Lots owned by the Developer. Assessments may be made based upon the estimated cost of such work, prior to work's commencement, provided such estimate has been provided by a contractor retained by the Board for the purpose of such estimate. All speciai assessments for construction of new facilities or acquisition of new equipment, which is not for the upgrade, repair or replacement of existing construction or equipment, shall require approval of two- thirds the Members. Section Ten: Fines Treated as Special Assessments. Any fines levied by the Association pursuant to RCW Chapter 64.38 (or successor statute authorizing the imposition of fines) shall be treated as a special assessment of the Owner fined, and may be collected by the Association in the manner described in this Declaration. ARTICLE EIGHT: COLLECTION OF ASSESSMENT Section One: Lien -Personal Obli ation. All assessments, together with interest and the cost of collection shall be a continuing lien upon the Lot against which each such assessment is made. The lien shall have all the incidents of a mortgage on real property. Each such assessment, together with interest, costs and reasonable attorney's fees, shall also be the personal obligation of the person who as the Owner of the Lot at the time the assessment was due. No Owner may waive or otherwise avoid liability for the assessments by non-use of the Common Areas or abandonment of each Lot. Section Two: Delinquency. If any assessment is not paid within thirty (30) days after its due date, the assessment shall bear interest from said date at twelve percent (12%), or, in the event that twelve percent (12%) exceeds the maximum amount of interest that can be charged by law, then the highest permissible rate as provided for by law. A late charge of five percent (5%) of the amount overdue shall be charged for any such payment more than ten (10) days past due. Each Member hereby expressly grants to the Association, or its agents, the authority to bring all actions against each Member personally for the collection of such assessments as a debt and to enforce lien rights of the Association by all methods for the enforcement of such liens, including foreclosure by actions brought in the name of the Association in a like manner as a mortgage of real property, and such Member hereby expressly grants to the Association the power of sale in connection with such lien. The liens provided for in this section shall be in favor of the Association, and shall be for the benefit of the Association. The Association shall have the power to bid at a foreclosure sale and to acquire, hold, lease, mortgage and convey any Lot obtained by the Association. Section Three: Suspension of Voting fights. In the event any Member shall be in arrears in the payment of the assessments due or shall be in default of the performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for the period of thirty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought IIIIIIIIIIIIIIIIIIIIIIIIII 083p0©0 of 24 IIIIII IIIIII III IIIIII I 02. ©3P IIIIII LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. current and all defaults remedied. In addition, the Association shall have such other remedies against such delinquent Members as may be provided in the Article, Bylaws or Declaration. Section Four: Enforcement of Assessments. The Board may take such action as is necessary, including the institution of legal proceedings, to enforce the provisions of this Article. In the event the Board begins as action to enforce any such rights, the prevailing party shall be entitled to its attorney's fees, costs and expenses incurred in the course of such enforcement action as provided in this Declaration. ARTICLE NINE: BUILDING USE, AND ARCHITECTURAL RESTRICTIONS Sectoon One: Appointment of ACC. The Declarant reserves the right to appoint any member or members of the ACC until the Declarant and all developers have sold and conveyed all of the lots held in the name of the Declarant or developer. This right shall automatically terminate at such time as the Declarant and any developer no longer owns any lots within the plat of Autumn Hill II. During this period the Declarant reserves the right to appoint one member to the ACC. All decisions of the majority of the members of the ACC shall be final and binding. At the expiration of the time period in which the Declarant and the developer has the right to appoint members to the ACC then the Board of Association shall appoint up to three members of the ACC or if members of the ACC resigns and no replacements assume that office then the Board shall act as the ACC until members of the ACC are appointed or take office. Section Two: Authority of ACC After Development. At the expiration of the Developers management authority, the ACC shall have the authority and obligation to manage and administer the review of building plans, specifications and plot plans and such other submissions as described in Section Four herein, and to enforce these covenants, conditions and restrictions. Such authority shall include all authority provided for the ACC in the Association's Articles, Bylaws, Rules and Regulations, as initially adopted, or as amended, and all authority granted to the ACC by this Declaration. Section Three: Delegation of Authority of ACC. The ACC or the Declarant may delegate any of its duties, powers, or functions described in this Article to any person, firm, or corporation. Section Four: Approval by ACC Required. Except as to construction, alteration, or improvements performed by the Developer, no construction activity of any type including clearing and grading, cutting or transplanting of significant natural vegetation may begin on a Lot or Common Area and no building, structure, fence or other improvement shall be erected, placed or altered on any Lot or Common Area until, at a minimum, the building plans, specifications, plot plans, and landscape plan showing the nature, kind, shape, height, materials, exterior color and location of such building, structure or other improvements have been submitted and approved in writing by the ACC or its authorized representative as to harmony of exterior design and location in relation to and its effect upon surrounding structures and topography. Further, no fence, hedge or walls shall be erected or altered and no significant exterior changes shall be made to any building including, but not limited to, exterior color changes, additions or alterations until such written approval shall have been obtained. Section Five: Time Limits. If the ACC or its authorized representative shall fail to notify the Owner of its action for a period of thirty (30) days following the date of the submission of the required information to the ACC, or its authorized representative, the Owner may proceed with the proposed work notwithstanding the lack of written approval by the ACC or its authorized representative. The required information shall be considered submitted to the ACC upon personal delivery of a complete set of all required information to the person designated to receive such items by the ACC or by mail three days after deposit in the U. S. Mail, postage prepaid, certified, return receipt requested, to the ACC in care of the Board of Directors of the Association at the address designated in the most recent notice of assessment by the Board, or such other address as is designated by the Board by written notice to the Members. 3845040 IIII page . 11 of 24 III 06 / 30 / 2006 ~z ~3P IIII I II III II III IIII Wa IIII o . III C III on IIIII rst III Thu IIII 0 IIIII 5.0 II 5 ~..,~ncuOVCS NORTHWEST, I COV $ Section Six: Guidelines. The ACC may adopt and amend, subject to approval by the Board, written guidelines to be applied in its review of plans, specifications, in order to further the intent and purpose of this Declaration and any other covenants or restrictions covering Real Property. If such guidelines are adopted, they shall be available to all interested parties upon request. Section Seven: Meetings. The ACC shall meet as is necessary to review any plans or specifications provided pursuant to this Section, and shall keep and maintain a record of all actions taken at meetings or otherwise. Section Eight: No Waiver. Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification or matter submitted for approval. Section Nine: Consultation. The ACC may retain and consult persons or entities to assist in the evaluation of plans submitted to the Board for the review. Section Ten: Appeals. After the Development Period, the Board shall serve as an appellate panel to review decisions of the ACC upon request of a party aggrieved by the ACC's decision. The Board shall provide, through rules and regulations, a procedure by which decisions of the ACC may be appealed to the Board. The Boazd may choose, in its discretion, to limit the scope of such appeal and provide time limitations for appeals to be made to the Board. Section Eleven: Enforcement. The ACC may recommend and request that the Boazd initiate legal proceedings to enforce the terms of the covenants or orders of the ACC. Legal proceedings may only be instituted, however, after approval of the Board. Section Twelve: No Liability. The ACC, its agents and consultants shall not be liable to the Association, its members, to any Owner or to any other person for any damage, loss or prejudice resulting from any action or failure to act on a matter submitted to the ACC for determination, or for failure of the ACC to approve any matter submitted to the ACC. The ACC shall not be liable for any damage, loss or prejudice resulting from any action by a person who is delegated a duty, power or function by the ACC. Section Thirteen: Fees. The ACC may charge a fee for the review of any matter submitted to it. Any fee schedule adopted by the ACC must be approved by the Board. Section Fourteen: Tem~orarv Structure Prohibited. No basement, tent, shack, garage, barn or other outbuilding or buildings or any structure of a temporary or moveable character erected or placed on the Properties shall at any time be used as living quarters except as specifically authorized by the ACC. Section Fifteen: Nuisances. No noxious or undesirable thing, activity or use of any Lot in the Properties shall be permitted or maintained. If the ACC shall determine that any use of property is undesirable or noxious, such determination shall be conclusive. The ACC may recommend and the Boazd may direct that steps be taken as is reasonably necessary, including the institution of legal action or the imposition of fines in the manner authorized by RCW Chapter 64.38, to abate any activity, remove anything or terminate any use of property which is determined by the ACC or described in this Declaration to constitute a nuisance. Section Sixteen: Building Type. No structures of any kind shall be erected or permitted to be maintained on any lot other than single-family residences, garages, workshops and structures normally accessory to such residences, which have been approved in accordance with the provisions of the Declaration. No carports will be allowed and all garages must have bay doors. All dwellings shall be of a "stick-built" variety. Mobile and manufactured homes, and modular homes are specifically not permitted. A two or three car garage is permitted and shall be incorporated in or made a part of the dwelling house. No detached garages shall be permitted except IIIIII VIII III P8ge 040 of 24 Iillllllllll II IIII IIIIII ©6J IIIIIIIIII 3©!2006 0 IIIIII 2 ©3P LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. with the express written approval by the Architectural Control Committee or the Declarant if the same is erected during the development period. Section Seventeen: Use of Lots. All Lots with the Property shall be used solely for private single-family residential purposes and not for business purposes, provide, however, that within such single-family residences the Owners(s) thereof may, upon formal written application to the Board, request permission to operate a licensed day care business. The Board shall be authorized, but not obligated, to grant such approval and such approval may only be granted, in the sole discretion of the Board IF', 1) all applicable governmental zoning and land use classifications lawfully permit such usage AND, 2) the business Owner(s) are licensed by all applicable governmental authorities to operate such a day care business AND, 3) the day care business will be operated only between the hours of 7a.m. and 6 p.m. and only on Monday through Friday AND, 4) no more than four (4) children, in addition to those of the Owner(s) immediate family, are enrolled in either full-time capacity in such day AND, 5) the Owner(s) of such Lot (s) operating such day care facility will fully oversee, restrict and supervise all children enrolled and will limit such activities strictly within the confines of their residence(s) and Lot(s) and not outside the same AND, 6) the Owner(s) of said Lot(s) agree to indemnify and hold the Declarant and the Association fully harmless from any and all liability and causes of action of whatever kind arising by virtue of the Owner(s) operation of such day care business AND, 7) the Owner(s) of said Lot(s) will provide the Association prior to commencing such business operations, and at all rimes during such business operations, with verification of liability of insurance coverage in an amount not less than $1,000,000.00 naming the Association and the Declarant and such other parties as the Association may deem appropriate as additional insured AND, 8) such operation does not interfere or otherwise violate any other provisions of this Declaration, including, but not necessarily limited to Vehicle parking and signage restrictions,. Should the Board give written authorization for such usage, such authorization may be revoked by at least five (5) days written notice delivered to Owner and should the Owner(s) operation such day care business fail to strictly adhere to the provisions contained within the Declaration as well as any additional Rules and Regulations imposed, from time to time, by the Board. No other uses are permitted. Neither the Declarant, the Board and/or the Association shall be deemed to be a partner or joint venturer and/or interest in such business operation to the extent permission to operate such day care business is authorized. Section Eishteen: Limitation on Animals. No animals, except dogs, cats, caged birds, fish in tanks, and other small household pets, will be permitted on Lots. Dogs shall not be allowed to run at large or to create a disturbance for other Owners in the plat. No animals will be allowed to be leashed, chained or otherwise tied to any portion of the front or sides of residences. Leashed animals are permitted within the right-of--way when accompanied by their owners. The person accompanying the animal must exercise "scooping" of animal waste. All pens and enclosures must be screened from view of other residences and Lots and must be approved by the Committee prior to construction and shall be kept clean and odor free at all times. ff the investigation of the Board indicates that animals are kept in violation of this Section, the Declarant, during the development period, or the Board thereafter, will give the Owner ten (10) days written notice of the violation. Such violation must be remedied by the Owner within such ten (10) day period. Failure to comply with the written notice will result in a fine of $25.00 per day. Any fine imposed by this Section shall be the personal obligation of the fined Owner and a lien on the Lot of the fine owned. The Association shall be entitled to attorneys' fees and costs for any action taken to collect such fines in accordance with the provisions of this Declaration. Section Nineteen: Tree Height. No tree, with the exception of street trees in the right of way and trees in Common Areas, shall be allowed to grow to a height of more than thirty-five feet above the adjacent ground unless the Committee determines that the increased height would not have a material adverse effect on the view from other lots. The Association shall specifically have the right to trim offending trees at the Owner's expense after reasonable notice. Section Twenty: Unsi hg_tly Conditions. No unsightly conditions shall be permitted to exist on any Lot. Unsightly conditions shall include, without limitation, laundry hanging or exposed in view of drying, litter, trash, junk or other debris; inappropriate, broken or damaged furniture or plants; non~iecorative gear, equipment, cans, I IIII 3845040 IIIIIIIIIIIIIIIIIIIIII 0630.!2©6© DP IIII (IIII IIIIIII IIII VIII II LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. bottles, ladders, trash barrels and other such items; and no awnings, air conditioning units, heat pumps or other projections shall be placed on the exterior walls of any housing unit unless prior written approval shall been obtained from the ACC. Section Twenty-One: Antennas, Satellite Reception. Satellite dishes of no more than one meter in diameter or diagonal measurement are permitted in the Properties with ACC approval of the location of the satellite dish in the manner described in this Declaration. Except as provided above, no radio or television antenna or transmitting tower or satellite dish shall be installed on the exterior of any home without approval of the ACC obtained pursuant to Section Four, and a showing by the Owner that such installation will be visually shielded from the view of the residents traveling upon streets located on the Properties. Section Twenty-Two: Setbacks. No building shall be located on any Lot nearer to the front lot line nearer to the side street than the minimum building setback lines adopted by the governmental authority with jurisdiction over the properties. Section Twenty-Three: Roofs. Roofs on all buildings must be finished with materials approved for use by the ACC or its authorized representatives. More than one type of material may be approved. Section Twenty-Four: Fences, Walls. Fences, walls, or shrubs are permitted on side and rear property lines, up to within the greater of (i) twenty feet of the property line; or (ii) the distance between the front wall (facade) of the primary residence, subject to (i) approval of the ACC; and (ii) determination of whether such fence, walls or shrubs would interfere with utility easements reflected on the face of the plat and other easements elsewhere recorded. In no event shall any fence be allowed between the front lot line and the front wall facade of the primary residence. No barb wire, chain link corrugated fiberglass fences shall be erected on any lot, except that chain link fencing for a sport facility enclosure may be considered for approval by the ACC upon request. All fences must be constructed of cedar unless otherwise approved by the ACC and can be no more than six feet in height. Section Twenty-Five: Underground Utilities Required. Except for any facilities or equipment provided by the Declarant or any utility, all electrical service, telephone lines and other outdoor utility lines shall be placed underground. Section Twenty-Six: Vehicle Parking and Storage. No vehicle may be parked on any building Lot or sidewalks, except on designated and approved driveways or parking areas, which shall behard-surfaced. Only cars of guests and visitors may be parked on the streets. All other vehicles shall be parked in garages or on driveways located entirely on a Lot. No storage of goods, vehicles, boats, trailers, trucks, campers, recreational vehicles or other equipment or device shall be permitted in open view from any Lot or right-of--way. (Vehicles, boats, trailers, trucks, campers and recreational vehicles shall be referred to as "Vehicles") This provision shall not exclude parking of up to a combination of two (2) automobiles and regular size pick up trucks owned or used by the lot owner on the designated driveway areas adjacent to the garages on the Lot. A lot owner may also park on the driveway recreational vehicles and/or boat trailers for a period not to exceed 24 hours. This paragraph is also not meant to disallow permanent (more than 24 hours) parking or storage of vehicles on the Lots, but if stored, vehicles shall be adequately screened from the view of adjacent rights-of--way and Lots. Screening of such vehicles must have the approval of the Committee. Upon 48 hours notice to the Owner of an improperly parked vehicle, the Board has the authority to have towed, at the Owner's expense, any vehicles, (except up to a combination of two automobiles and regular sized pick up trucks owned or used by the lot owners), still visible from the right-0f--way or adjacent residences that have been parked on any Lot or within the right-of--way for more than 24 hours. Notwithstanding the foregoing, Owners who have visiting guests intending to stay in such a vehicle may secure written permission from the Board for such guests to park the vehicle upon the Lot owned by the Owner for a maximum period of one (1) week. Such a privilege shall only exist, however, after written permission has been obtained from the Board. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ©89ar0zo0s 2 0 P illlllVIIIVIII LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa, Section Twenty-Seven: Ste. No signs, billboazds, or other advertising structures or device shall be displayed to the public view on any lot except (1) not to exceed three square feet in area may be placed on a lot to offer the property for sale or rent and with the exception of any entry monumentation and signage which may be installed by Declarant. Political yard signs, not more than three square feet in area, of a temporazy nature, not to exceed thirty days will be allowed during campaign periods on lots. Within five days after the date of the election to which the sign refers, such signs must be removed from lots. This section including but not limited to the restrictions on the number of signs and sign size limit shall not apply to signs approved under this Declazation by the Declarant during the development period. The Declazant may establish, for the duration of the development, signage guidelines and standards for lot identification signs, "for sale" signs and other signage that may be placed by parties other than the Declarant on any part of the lots within Country Vista, the common azeas, or the public right-of--way. The Declazant may also develop an overall theme for signage within the project, including specific requirements for physical sign installation and size requirements, which theme will then become a part of the established guidelines and standards for signage in Autumn Hill II during the development period. During the development period, the Declazant shall have the sole and exclusive right to approve, in the Declarant's sole discretion, any and all signage installations within any part of the real property encompassed within the plat of Country Vista, including the adjacent right-of--way. Each owner of a lot in Country Vista and any developer or real estate agent on behalf of an owner, shall submit any proposed signs to the Declarant for approval prior to the installation of the signs. Any signs not specifically approved by the Declarant found anywhere within Country Vista, the common areas, or on any lot, or on adjacent right-of--way may be promptly removed and disposed of by Declarant. This absolute right of the Declarant to remove unauthorized signs from the property or adjacent rights-of--way specifically includes, but is not limited to, the Declarant's right to remove any and all signs placed by real estate agencies or representatives, including temporary reader board signs and other signage installations. No person, including but not limited to, the person or persons owning any interest in the signs removed, shall be entitled to compensation of any kind for signs removed by Declarant pursuant to the section. The Boazd may cause any sign placed on the property or any adjacent rights-of--way in violation of this Declaration to be removed and destroyed without compensation of any kind to anyone including, but not limited to any person having any ownership interest in the sign. This Section shall not apply to signage placed by Declarant. Additional signage may be installed by Declazant during the development period to promote the sale of lots or houses and to promote Declarant's project and company and representatives. Notwithstanding anything in this Declazation to the contrary, signs placed by the Declazant shall not be subject to any sign restrictions and specifically shall not be subject to the limitations set forth in this Declaration in the number of signs and size of signs. The Declazant shall also not be subject to any guidelines or standards established by Declazant for other parties pursuant to this Declazation. Under no circumstances shall the Declarant be liable for, or be required to pay, for all or any part of the construction, installation or maintenance of any signs which are placed on any lot not owned by the Declazant. This Section shall apply even if Declarant requires an owner to place a sign pursuant to this Declaration. Section Twenty-Eight: Easements for Enforcement Purposes. Owners hereby grant to the Association an express easement for the purpose of going upon the Lots of Owners for the purpose of removing vehicles or other similar objects, which are pazked or stored in violation of the terms of this Declaration. Section Twenty-Nine: Excavation and Fill. Except with the permission of the ACC, or except as may be necessary in connection with the construction of any approved improvement, no excavation or fill shall be made nor shall any dirt be removed from any Lot herein. IIIIII III IIII 66813 6l02©66 02 : © P 1111111 IIII 111111 IIII 111111 III IIIIIIIIIII LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. Section Thirty: Drainage. The owner of any Lot shall not take any action, which would interfere with surface water drainage across that lot either through natural drainage or by drainage easements. Any change of drainage, either through natural drainage areas or through drainage easements must be approved by the ACC. All drainage improvements must be completed prior to occupancy in accordance with the drainage plan submitted to the ACC. Section Thirty-One: Use Construction. Except with the approval of the Board, no persons shall reside upon premises of any Lot until such time as the improvements to be erected thereon in accordance with the plans and specifications approved by the Board have been completed. Section Thirty-Two: Garbage and Refuse. No garbage, refuse, rubbish, cuttings or debris of any kind shall be deposited on or left upon any Lot unless placed in an attractive container suitably located and screened from public view. All equipment for the storage or disposal of such materials shall be kept in a clean and sanitary condition. Section Thirty-Three: Tanks. Etc. No elevated tanks of any kind shall be erected, placed, or permitted on any part of such premises. Any tanks for use in connection with any residence constructed on such premises, including tanks for the storage of fuels, must be buried or walled sufficiently to conceal them from the view from neighboring Lots, roads, or streets. All clothes lines, garbage cans. Equipment, coolers, woodpiles, or storage piles shall be walled in or otherwise suitably screened to conceal them from the view of neighboring Lots, Common Areas, roads or streets. Plans for all enclosures of this nature must be approved by the ACC prior to construction. Section Thirty-Four: Auto Repair. No major auto repair shall be permitted except within enclosed garages, which are kept closed. The only repairs permitted on the balance of the Property are occasional casual repairs and maintenance activities such as tune-ups or oil changes. Section Thirty-Five: Exterior Finish. The exterior finish on the front of houses shall be approved by the ACC. The entire residence must be painted or stained in colors approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrap. Section Thirty-Six: Driveways. That all driveways including any access to the rear yard of any residence shall be of a hard surface construction of either concrete or washed aggregate and shall be completed prior to final building inspection. Section Thirty-Seven: Maintenance of Structures and Grounds. Each Owner shall maintain his Lot and residence thereon in a clean and attractive condition, in good repair and in such fashion as not to create a fire hazard. Section Thirty-Eight: Firearms. The use of firearms is expressly prohibited within the plat of Autumn Hill. Section Thirty-Nine: Dirt Bikes and/or ATV. No unlicensed motor vehicles, including motorcycles, dirt bikes, motor scooters, ATV's etc., shall be permitted on any road within the plat, nor shall dirt bikes or ATV's be permitted to operate on any Owner's lot. Section Forty: Damage Repair. All owners agree to repair immediately any damage to any utilities adjacent to their lot or lots, in the event any of the utilities are cracked, broken, or otherwise damaged as a result of dwelling construction activities, or other activities by owner, by persons acting for owner, or by persons in or around the property at the request or with the consent of the owner. Section Forty-One: Building Materials. All homes constructed on each lot shall be built of new materials, with the exception of "decor" items such as used brick, weathered planking, and similar items. The IIIIIIVIIIIIII P8ge:046 of 24 IIIIIIIIIIIIiIII I IIIIII III VIII O6! 3012006. . IIIIIIII 02 ©3P LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. Committee will determine whether a used material is a "decor" item. In making this determination, the Committee will consider whether the material harmonizes with the aesthetic character of Country Vista development and whether the material would add to the attraction of the subdivision. All siding and trim are to be re-sawn wood and/or vertical or horizontal "LP" type siding, brick, authentic stone siding, OSB LAP or vinyl siding of a color approved by the ACC. T1-11 siding shall only be permitted on the sides of the residences, which do not face the street, or on the back of residences. The exterior of all construction on any Lot shall be designed, built and maintained in such a manner as to blend in with the natural surroundings and landscaping. Exterior colors must be approved by the Committee. Exterior trim, fences, doors, railings, decks, eaves, gutters and the exterior finish of garages and other accessory buildings shall be designed, built and maintained to be compatible with the exterior of the structure they adjoin. The Committee or Board will establish an approval process and color guidelines. Any change of color as to the exterior of any existing home within Country Vista will be subject to the same approval process. Section Forty-Two: Minimum Size of Residences. Private single-family residences shall consist of not less than on (1) Lot and no Lot shall ever be further subdivided. Each Residence must have a private enclosed car shelter for not less than two (2) cars, and that no portion of the interior of said garage may be improved and/or finished for residential use. No single structure shall be altered to provide for more than one (1) family. Single level type residences (residence consisting if a one-story residence or a residence consisting if a basement and one story) shall contain at least 1,200 square feet. Multi Level residences (i.e., tri-levels as that term is used in the construction industry) shall contain at least 1,400 square feet. Two story residences shall contain at least 1,400 square feet. Split-level residences shall contain at least 1,400 square feet. In computing the total square footage of a residence, the basement may be included but garages and/or enclosed decks shall not be included. Section Forty-Three: Codes. All construction shall conform to the requirements of the State of Washington's rules and regulation for installing electrical wires and equipment, and the uniform codes (building, mechanical, plumbing), in force at the commencement of the construction, including the latest revisions thereof. Section Forty-Four: Entry for Inspection. Any agent or member of the Declarant or any member of the ACC may at any reasonable predetermined hour upon 24 hours notice during construction or exterior remodeling, enter and inspect the structure to determine if the construction or exterior remodeling complies with the provisions of this Declaration. The above-recited individuals shall not be guilty of trespass for such entry or inspection. There is created an easement over, under, and across, residential lots for the purpose of making and carrying out such inspections. Section Forty-Five: Authority to Adont Additional Rules and Restrictions. The Association shall have the authority to adopt additional written rules and restrictions governing the use of the Properties, provided such rules and restrictions are consistent with the purposes of the Declaration, and to establish penalties for violation of those rules and restrictions. If rules and restrictions are adopted, they, along with the established penalties, shall be available to all Members upon request. Section Forty-Six: Enforcement. The Association, or the Declarant during the Development period, may, but is not required to, take any action to enforce the provisions of the Declaration available to it under law, including but not limited to imposition of fines as authorized by RCW Chapter 64.38, specific performance, injunctive relief, and damages. Any Member may also enforce the terms of this Article (although a Member may not impose a fine as authorized by RCW Chapter 64.38) but the Member must first obtain an order from the court of competent jurisdiction entitling the Member to relief. In the event that a Member takes any action to enforce the terms of this Article, the Association shall not be in any way obligated to join in such action, or pay any of the attorney's fees, costs and expenses incurred in such action. IIIIIII P895 040 of 24 IIII I IIII 111111 1111111 IIIIIiI 111111 111111 (IIII ©613©/ II 2©©6 LANDSHAPES NORTHWEST, j COy 02:03P $55.00 Thurston Co. Wa, ARTICLE TEN: EASEMENTS Section One: Easement for Encroachments. Each Lot is, and the Common Areas are, subject to an easement for encroachments created by construction, settlement, and overhangs as designed or constructed by the Declarant, and a valid easement for encroachments and for maintenance of the same as long as said improvements remain. Section Two: Easements on Exterior Lot Lines. In addition to easements reserved on any plat of the Properties or shown by instrument of record, easements for utilities and drainage are reserved for the Declarant or its assigns, over afive-foot wide strip along each side of the interior Lot lines, and ten feet over the rear and front of each Lot, and over, under, and on the Common Areas. Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, in the opinion of the Board or ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels and the easements. The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of such Lot, except those improvements for which a public authority, utility company or the Association is responsible. Section Three: Association's Easement of Access. The Association, the ACC, and its agents shall have an easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes; (a) cleaning, maintenance, or repair of any home or Lot as provided in this Declaration; (b} repair, replacement or improvement of any Common Area accessible from that Lot; (c) emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or to the improvements thereon; (d) cleaning, maintenance, repair or restoration work which the Owner is required to do but has failed or refused to do; (e} all acts necessary to enforce these Covenants. Section Four: Easement for Declaration. Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment and materials, and other actions necessary or related to the development or maintenance of the Real Property. Section Five: Utility Maintenance Easements. Easements are granted for the installation, inspections, and maintenance of utilities and drain facilities as delineated on the plat of Country Vista. No encroachment will be placed within the easement shown on the plat, which may damage or interfere with the installation, inspection, and maintenance of utilities. Maintenance and expense of the storm water drainage facilities shall be the responsibility of the Association as established under the terms and provisions of this Declaration. ARTICLE ELEVEN: MORTGAGE PROTECTION Section One: Mortgages. Notwithstanding and prevailing over any other provisions of this Declaration, the Association's Articles of Incorporation or Bylaws, or any rules, regulations or management agreements, the following provisions apply to and benefit each Institutional First Mortgagee ("Mortgagee") which holds a Mortgagee given for the purpose of obtaining funds for the construction or purchase of a Housing Unit on any Lot or the improvement of any Lot. Section Two: Liability Limited. The Mortgagee entitled to the protection hereof shall not in any case or manner be personally liable for the payment of any assessment or charge, nor for the observance or performance of am covenant, restriction, rule, Association, Article of Incorporation or Bylaw, or management agreement, except those matters which are enforceable by injunctive or other equitable relief, not requiring the payment of money, except as hereinafter provided. 3845040 IIIIII p6 8©.l20~6 02:03P IIII I IIIII IIIII IIIII IIII IIIII 1111111 IIIIII IIIIII Wa I Co . LANDSHAPES NORTHWEST, I COV $55.0@ Thurston Section Three: Mortgagee's Ri is During Foreclosure. During the pendency of any proceeding to foreclose the Mortgage, the Mortgagee or the receiver, if any, may exercise any or all of the rights and privileges of the Owner of the mortgaged Lot, including but not limited to the right to vote as a Member of the Association to the exclusion of the Owner's exercise of such rights and privileges. Section Four: Acquisition of Lot by Mortgagee. At such time as the Mortgagee shall become entitled to possession of the Lot, the Mortgagee shall be subject to all of the terms and conditions of the Declaration, and the Articles, Bylaws, rules and regulations of the Association, including but not limited to the obligation to pay for all assessments and charges accruing thereafter, in the same manner as any Owner; provided, however, the Mortgagee shall acquire the title to said Lot free and clear of any lien authorized by or arising out of any provisions of the Declaration which secure the payment of any assessment for charges accrued prior to the date the Mortgagee became entitled to possession of the Lot. Section Five: Reallocation of Unpaid Assessments. If it is deemed necessary by the Association, any unpaid assessment against a Housing Unit foreclosed against may be treated as a common expense to other Lots. Any such unpaid assessment shall continue to exist as a personal obligation of the defaulting Owner of the respective Lot to the Association. Section Six: Subordination. The liens for assessments provided for in this instrument shall be subordinate to the lien of any Mortgage, or other security interest places upon a Lot or Housing Unit as a construction loan security interest or as a purchase price security interest, and the Association will, upon demand, execute a written subordination document to confirm the particular superior security interest. Section Seven: Mortga eeg 's Ri ts. Any Mortgagee shall have the right upon request therefore to (a) inspect the books and records of the Association during normal business hours; (b) receive an annual audited financial statement of the Association within ninety (90) days following the end of any fiscal year; and (c) receive written notice of all meetings of the Association and designate a representative to attend all such meetings. Section Eight: Limitation on Abandonment of Common Areas. The Association shall not, without the prior written approval of sixty-seven percent (67%) of the Mortgagee's, seek to abandon the Common Areas for reasons other than substantial destruction or condemnation of the property. Section Nine: Notice. If such notice has been requested in writing, Mortgagees shall be entitled to timely written notice of: (a) substantial damage or destruction of any Housing Unit or any party of the Common Areas or facilities; (b) any condemnation or eminent domain proceeding involving any Housing Units or portion of the Common Areas or facilities; (c) any default under this Declaration or the Articles, Bylaws or rules and regulations of the Association by an Owner of any Housing Unit on which it holds the mortgage which is not cured within thirty (30) days; (d) any sixty (60) day delinquency in the payment of assessments or charges owed by the Owner of any Housing Unit on which it hold the mortgage; (e) ten (10) days' prior written notice of any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association; and (f) any proposed action that requires the consent of a specific percentage of Mortgagees. ARTICLE TWELVE: MANAGEMENT CONTRACTS Section One: Coverage. The Association may purchase as a Common Area Expense and shall have authority to and may obtain insurance for the Common Areas against loss or damage by fire or other hazards in an amount sufficient to cover the full replacement value in the event of damage or destruction. It may also obtain a comprehensive public liability policy covering the Common Areas. The comprehensive public liability coverage shall be in an amount to be determined by the Association. It may also obtain insurance to cover the Board, the ACC, its agents and employees from any action brought against them arising out of actions taken in fiu-therance of the Association's duties under this Declaration. IIIIII VIII II P8ge ••049 of 24 IIIIIIIIIIIII IIIIIIIIII ©6,3 IIIIIIIIIIIII o,z©©6 ©z. VIII 03P LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. Following the development period, all such insurance coverage shall be written in the name of the Association as trustee for each of the Members of the Association. The Association shall review the adequacy of the Association's insurance coverage at least annually. All policies shall include a standard mortgagee's clause and shall provide that they may not be canceled or substantially modified (including cancellation for nonpayment of premium) without at least ten (10) days prior written notice to any and all insured named therein, including Owners and Institutional First Mortgagees that have requested notice. Section Two: Replacement Repair After Loss. In the event of damage or destruction of the Common Areas covered by insurance written in the name of the Association, the Association may, upon receipt of the insurance proceeds, and to the extent of such proceeds contract to rebuild or repair such damaged or destroyed portions of the Common Areas to as good a condition as they were when the loss occurred; provided however, that the Association's election not to rebuild the Common Areas shall require the approval of two-thirds (2/3) of the Association. The Association may in its sole discretion contract with any contractor for reconstruction or rebuilding of such destroyed portions of the Common Areas. ARTICLE FOURTEEN: RULES AND REGULATIONS The Association and/or its Board of Directors is hereby authorized and empowered to adopt rules and regulations governing the use of the Properties and the personal conduct of the Members and their guests thereon, and to establish penalties for the infraction thereof, in the manner described by RCW Chapter 64.38, the Bylaws and any resolutions passed by the Boazd. All Lot Owners shall be given written notice of the rules and regulations in the manner required by RCW Chapter 64.38. ARTICLE FIFTEEN: REMEDIES AND WAIVER Section One: Remedies Not Limited. The remedies provided herein, including those for collection of any assessment or other charge or claim against any Member, for and on behalf of the Association, the ACC, or Declarant, are in addition to, and not in limitation of, any other remedies provided by law. Section Two: No Waiver. The failure of the Association, the ACC, the Declarant or of any of their duly authorized agents or any of the Owners to insist upon the strict performance of or compliance with the Declaration or any of the Articles, Bylaws or rules or regulations of the Association, or to exercise any right or option contained therein, or to serve any notice or to institute any action or summary proceedings, shall not be construed as a waiver or relinquishment of such rights for the future, but such right to enforce any of the provisions of the Declaration or of the Articles, Bylaws or rules and regulations of the Association shall continue and remain in full force and effect. No waiver of any provision of the Declaration of the Article, Bylaws, rules or regulations or the Association shall be deemed to have been made, either expressly or implied, unless such waiver shall be in writing and signed by the Board of Directors of the Association pursuant to authority contained in a resolution of the Board of Directors. ARTICLE SIXTEEN: CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Area, and any balance remaining shall be distributed to the Association. In the event that the entire Common Area is taken or condemned, or sold, or otherwise disposed of in lieu or in avoidance thereof, the condemnation award shall be distributed to the Association. No proceeds received by the Association as the result of any condemnation shall be distributed to a Lot Owner or to any other party derogation of the rights of the First Mortgagee of any Lot. 13845040 IIIIIIIIIIIII 0630/20 6 2:~3P VIIIIIIIIIIIIIII IIIIIIIIIIIIIII IIIIIIII LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. ARTICLE SEVENTEEN: GENERAL PROVISIONS 1. Binding Effect. All present and future Owners or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to be covenant s running with the land and shall bind any person having at the time any interest or estate in such Lot, as though such provisions were recited and stipulated at length in each and every deed and conveyance or lease thereof. 2. Encroachment by Court Action. The Association, the Declaration, the ACC, The Homeowner's Association, or any Lot owners shall have the right to enforce, by any proceedings at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed by the provisions of this Declaration. Should the Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred in such enforcement, including a reasonable fee for counsel, shall be paid by the Owner found to be in violation of said condition, covenants, reservations, or restriction, or found to be delinquent in the payment of said lien charge. 3. Enforcement by Self-Help. The Declarant, the ACC, the Association, or duly appointed agent of either, may enter upon any Lot, which entry shall not be deemed a trespass, and take whatever steps are necessary to correct a violation of the provisions of this Declaration. Provided, this provision shall not be construed as a permission to breach the peace. 4. Condition Precedent to Action. Prior to taking actions either by court or by self-help, written notice shall be given to the offending lot Owners. Such notice shall specify the nature of the offense and shall also specify the action necessary to cure. Such action shall also provide a reasonable opportunity to cure which, except in the case of an emergency, shall not be less than thirty (30) days. 5. Expense of Action. The expense of any corrective action or enforcement of this Declaration, if not paid by the offending owner within thirty (30) days after written notice and billing, may be filed as a lien upon such lot, enforceable as other liens herein. 6. Owner Objection. Should a lot Owner object to the complaints of the Declarant, the Association or ACC in writing within a period of fifteen (15) days after the complaint is made and, further, should the parties not agree on property maintenance or other matters complained of, the matter shall be submitted to arbitration. The arbitration shall be binding upon the parties. If the parties cannot agree upon an arbitrator, each party shall choose an arbitrator and they, in turn, shall choose a third. The arbitration shall be conducted in accordance with the rules of arbitration under the laws of the State of Washington in existence at the time of any such arbitration. 7. Costs and Attorneys Fees. In the event of legal action, the prevailing party shall be entitled to recover actual costs and attorney's fees. For the purpose of this declaration "legal action" shall include arbitration, law suit, trial, appeals, and any action, negotiations, demands, counseling or otherwise where the prevailing party has hired an attorney. It is the intent of this provision to reimburse the prevailing party for all reasonable attorney's fees and actual costs incurred in defending or enforcing the provisions of this Declaration, or the owner's rights hereunder. 8. Failure to Enforce. No delay or omission on the part of the Declarants or the Owners of other Lots in exercising rights, power, or remedy provided in this Declaration shall be construed as a waiver of acquiescence in any breach of the covenants, conditions, reservations, or restrictions set forth in the Declaration. No action shall be brought or maintained by anyone whatsoever against the Declarants for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or restrictions, or for imposing restrictions which may be unenforceable. 13845040 VIII II III 06 3 0.12©06 © : 0 P IIIIIIIII IIIIIIIIII IIIIIIIIIIIII IIIIIIIIIII I LANDSHAPES NORTHWEST, I COV $55.00 Thurston Ca. Wa, 9. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall not affect any other provisions, which shall remain in full force and effect. 10. Interpretation. In interpreting this Declazation, the term "person" may include natural persons, partnerships, corporations, Associations, and personal representatives. The singular may also include the plural and the masculine may include the feminine, or vice versa, where the context so admits or requires. This Declaration shall be liberally construed in favor of the party seeking to enforce its provisions to effectuate the purpose of protecting and enhancing the value, marketability, and desirability of the Properties by providing a common plan for the development Country Vista. 11. Term. This Declaration shall be effective for an initial term of thirty (30) yeazs, and thereafter by automatic extension for successive periods of ten (10) years each, unless terminated, at the expiration of the initial term or any succeeding ten (10) yeaz term by a termination agreement executed by the then Owners of not less than 75% of the lots then subject to this Declaration. Any termination agreement must be in writing, signed by the approving owners, and must be recorder with the County Auditor. 12. Perpetuities. In the event that any provision of this Declaration violates the rule against perpetuities, such provisions shall be construed as being void and of no effect as of twenty-one (21) years after the death of the last surviving incorporator of the Association, or twenty-one (21) years after the death of the last survivor of all the said incorporators' children and grandchildren who shall be living at the time this instrument is executed, whichever is later. 13. Method of Notice. Any notice required by the Declaration or the Articles or Bylaws of the Association or the rules and regulations adopted by the Association shall be deemed properly given when personally delivered, deposited in the United States mail, postage prepaid, or when transmitted by facsimile. 14. Successors and Assigns. This Declaration binds and is for the benefit of the heirs, successors and assigns of Declarant, the Declarant, the Members and the Owners. ARTICLE EIGHTEEN: AMENDMENT AND REVOCATION Section One: Exclusive Method. This instrument may be amended, and partially or completely revoked only as herein provided or otherwise provided by law. Section Two: Amendment by Declazant. Notwithstanding any other provision of this Declaration, this Declaration can be amended at any time by the Declarant prior to the time that 75% of the lots have been sold to others than the Declarant builders. That all lot owners agree to be bound by such amendment or amendments as made by the Declarant pursuant to this provision. Thereafter this Declaration can be amended only as provided for in this Declazation. Section Three: Prior Approval by FHA/HUD. Regardless of whether or not 75% of the lots have been sold to others than Declarant builders, in the event any loan with respect to any lot or building constructed thereon is insured through either the Federal Housing Administration or the Department of Veteran Affairs or any programs sponsored by either such agency, then the insuring agency must give written approval before any of the following actions can be approved by either the Declarant or the Lot Owners: a) Annexation of additional properties b) Dedication of any properties c) Amendment to this Declaration Section Four: Votin~e. This Declaration may be amended at any annual meeting of the Association, or at a special meeting called for such purpose, if sixty-seven percent (67%) or more of the Owners vote for such amendment, or without such meeting if all Owners are notified in writing of such amendment, and if sixty-seven percent (67%) or more of the Owners vote for such amendment by written ballot. Notice of any proposed amendment shall be given to all Owners not less than ten (10) days prior to the date of the annual meeting or of 3845040 I IIII p53 01206 0 : ~3P IIII I IIII IIII III III IIII IIII IIII 111111 Wa. IIII o . IIII c IIII ton I hurs LRNDSHAPES NORTHWEST, I COV $55.00 T any special meeting at which the proposed amendment shall be considered. Notwithstanding any of the foregoing, fifty-one percent (51%) of all Institutional First Mortgagees who have requested notification of amendments must give prior written approval to any material amendment to the Declaration or Bylaws, including any of the following: 1. Voting rights; 2. Assessments, assessment liens and subordination of such liens; 3. Reserves for maintenance, repair and replacement of Common Areas; 4. Insurance or fidelity bonds; 5. Responsibility for maintenance and repair; 6. Contraction of the project or the withdrawal of property from the Properties; 7. The boundaries of any Lot; 8. Leasing of Housing Units to other than as set forth herein; 9. Imposition of any restrictions on the right of an Owner to sell or transfer hi/her Lot; 10. Any decision by the Association to establish self-management when professional management had been required previously by an Institutional First Mortgagee; 11. Restoration or repair (after hazard damage or partial condemnation) in a manner other than that specified in this Declaration; 12. Any action to terminate the legal status of the Properties after substantial destruction or condemnation occurs; or 13. Any provisions which are for the express benefit of Institutional First Mortgagees. Section Five: Effective Date. Amendments shall take effect only upon recording with the Thurston County Auditor of the county in which this Declaration is recorded. Section Six: Protection of Declarant. For such time as Declarant shall own Lots located in the Properties there shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which: 1. Discriminate or tend to discriminate against the Declarant's rights. 2. Change Article One ("Definitions") in a manner which alters the Declarants right or status. 3. Alter the character and rights of membership or the rights of the Declarant as set forth in this Declaration. 4. Alter its rights as set forth in this Declaration as relating to architectural controls. 5. Alter the basis for assessments, or the Declarant's exemption from assessments. 6. Alter the number or selection of Directors as established in the Bylaws. 7. Alter the Declarant's rights as they appear under this Article. Section Seven: Notice. Any notice required hereunder shall be deemed effective when personally delivered or three days after mailing by certified and regular mail to the owner of public record at the time of such illlll IIII P8ge 020 of 24 (IIIIIIIIIII IIIIIIIIIII (IIII III III ©613012© IIII II IIII 06 02.03P LANDSHAPES NORTHWEST, I COV $55.00 Thurston Co. Wa. mailing to such owner's address as it appears on the Thurston County Assessor's tax records and to the street address of the lot(s) herein. Notices to lenders shall be sent to the last address the lender has given to the Association. The Association is not required to provide notice of any matter to any lender who has not notified the Association in writing of such lender's desire to receive notice, and/or has not given the Association written notice of the lender's address for receipt of notices. The Association shall not undergo investigation outside of its own records into the name or location of any lender or lien holder. IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this ~ day of ~1/~ ~.1~' , 2006. Landshapes Northwest, Inc. ,- ~J~ldi Lubbesmeyer STATE OF WASHINGTON ) SS. COUNTY OF THURSTON ) On this 1 Z~~ day of M~1y , 2006 before me, the undersigned, a Notary Public in and for the State of Washington, duly c sso imrm oned and sworn, personally appeared JOHN L UBBESEMEYER, to me known to be the VICE PRESIDENT of LANDSHAPES NORTHWEST„ INC., a Washington "S" Corporation that executed the foregoing instrument, and acknowledged the said instrument to be the fi~ee and voluntary act and deed of the "S" Corporation, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. WITNESS my hand and official seal hereto athxed the day and year first above written. Dated this ~ day of 1~ ~(~V , 2006. - - - MELISSA A. BEYER NOTARY PUBLIC STATE OF WASHINGTON COMMISSION EXPIRES JANUARY 9, 2007 Name: ` ;~/ 2Yfitfl-~G1 1 NOTARY PUBLIC in and for the State of Residing at ~~~ My appointment expires: 3845040 IIII 063 012©06 02 . ~3P IIII III II III II II II IIII a. IIII W I II Co . III n 111111 sto IIII hur II T IIII 00 III 5. 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FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 DEVELOPMENT PO BOX 777 PO BOX 777 PO BOX 479 YELM WA 98597 YELM WA 98597 YELM WA 97597 STEPHANIE RAY SARAH SCHAMME TODD STANCIL CITY OF YELM PUBLIC WORKS LEMAY, INC. (or Dick Rehn) CITY OF YELM POLICE DEPARTMENT 13502 PACIFIC AVENUE TACOMA WA 984440459 GLEN THARP AMY TOUSLEY THURSTON COUNTY PUGET SOUND ENERGY COMMUNICATIONS 2711 PACIFIC AVENUE SE 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 OLYMPIA WA 98501 Friday, July 07, 2006 Final Plat Recorded