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Final Recorded DocumentsAfter recording return to: Yelm Community Schools District No. 2 P. O. Box 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: SUB-OS-0239-YL Grantor: 1. Rainier General Development, Inc. Po Box 627 Rainier, WA 98576 Grantee: 1. Yelm Community Schools Dist. 2 Legal Description: Sec. 18, T.17N, R. 2E, 1311 & 1405 Crystal Springs Road NW Assessor's Property Tax Parcel Number/Account Number: 22718330102 & 2271833034 THIS MITIGATION AGREEMENT ("Agreement") is made this ~, of c,c:~~" r' , 2005, between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District") and Rainier General Development, Inc. (the "Developer") RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 23 lot subdivision, Yelm Creek Estates, near Yelm, Wash. (the "Project"). The Project is located on property that lies within District boundaries, more particularly described on Exhibit A, attached hereto and incorporated herein by reference. B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of building permits, may be reviewed to determine the nature and extent of their impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse environmental impacts. C. The District's student population and growth projections indicate that the Project will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the District to enter into a voluntary agreement with the Developer for payment to mitigate the impact of the Developer's Project. i IIIIII VIII VIII Pag 5283of 4 IIIIIIIIIIIIIIII IIIIIIIIIIIIIIII ,©/12/ , II IIII 2005 02.46P YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the Project on the District. AGREEMENT NOW, THEREFORE, in consideration of the above recitals and the mutual promises and covenants below, the District and the Developer agree as follows: 1. The Developer acknowledges and agrees that there is a direct impact on the District as a result of the Developer's Project and that this Agreement is necessary as a result of that impact. 2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the Project, the Developer has offered to pay the District the following sum of money: Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) for each lot in the subdivision or the total sum of Forty- Nine Thousand Two Hundred Twenty Dollars and no/100 ($49,220.00) (the "Mitigation Payment") for the 23 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4 below. 3. Any extension, renewal, modification or amendment to the Project that results in an adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation Payment. One lot (lot 8) of this subdivision is not subject to mitigation due to an existing dwelling on the subject property. 4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) per dwelling unit or Forty-Nine Thousand Two Hundred Twenty Dollars and no/100 ($49,220.00)) for the project, shall be a condition of building permit issuance for each single family dwelling in the project. If building permit issuance does not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation agreement to which the District is a party. A copy of such agreement shall be made available to Developer upon request. 5. The District agrees to record this Agreement after it has been executed by the parties. 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable facilities and/or school buses. 7. The Developer agrees that the District has five (5) years from the payment date to spend the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the event that the Mitigation Payment is not expended within those five years, the moneys will be refunded with interest at the rate applied to judgments to the property owners of record at the .time of refund; however, if the Mitigation Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be refunded without interest. 8. The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therein, or any of its terms and conditions, on any ground or basis whatsoever. 9. The District hereby waives any objection to the Project as presently proposed. III IIII IIII POIg 2!22005 02446P III 1111111 IIII 111111 III II IIIIIIIIIIIillllll YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa 10. The District and the Developer agree that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors, administrators, successors, and assigns of both of the Developer and the District. 12. If an action must be brought to enforce the terms of this Agreement, such action shall be brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13. This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRII'TION General Location: 1311 & 1405 Costal Springs Road NW Section 18 Township 17N Range 2E Land Area: 5.6 acres Tax Parcel Number: 22718330102 & 22718330304 Description: 23 single-family lots YELM COMM/U~NIT/Y SCHOOLS DISTRICT N0.2 DATED: ~V ~ 1 ~ ~ D By: Alan Burke Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GNEN under my hand and official seal this ~~day of ~ , 2005 _' ~ R, S]'tc•'~~~i O A Y UBLIC m and for the State of _='P~ .••••• ••• NS ~-~~ mgton, residing at _- ~- ,••~gS~aN ''•~-y i~~I My Commission Expires: " J .~o~ NoTAR1- ~.~ r , ""~. PUDLIC +, ~ ' U~ WASY~~~ III 3775283 III IIIIIIIIIIIII 1~0/~12./2©O5 02:46P IIIIIilliillllllii Iilllllllllllllll YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa DATED: to --~ c, -c :- _ i "- .r'' -=-~,- - By:-''•~~' ug Bloom, Raines eneral Dev: Its~Developer STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certify that I know or have satisfactory evidence that l~~~i(~~.7~'!l,/,wvih is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this f©~ day of /~<'.fcl~~i~ , 2005 `i~11i11111//~~~ ~~ - r~~, ~~ ~~oni yrF ~~'~ ~ ~ ` F Q ARY PUBLIC in and or the State of > ;' '~ ' +,~ ; ~ ~ . ~NOTARy ~; ashington, residing at ~/f (mot ' = ; o m: 7 My Commission Expires: p> -/~/-0 _ ~~_ _ v~; Z +~, ~ ~ pUBL~C ,~ ; p o . ~ i~~~ ~;~ )' 14 ~ 2~'~ ~? ~~ 3775283 I IIII IIII PO /912./ 2005 02 : 46P III III IIII IIIlillllllll IIIIIilllll IIIIIIIIIIII 35.00 Thurston Co. Wa• YELM COMMUNITY SCHOOLS AGR $ eturn Address ity of Yelm ami Merriman ~ BOX 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Agreement to Maintain Stormwater Facilities Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Yelm Creek Estates Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4 and SW '/4 of the SW '/4 of S 18, T 17N, R2E, WM Assessors Property Tax ParceVAccount Number: 22718330102,22718330304 3888173 Page 1 of 7 12/1412006 03:47 PM Agreement Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIII I III IIIIIII IIIIII IIII IIII II VIII VIII III VIII IIII IIII AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN HOMEOWNERS OF YELM CREEK ESTATES THEIR, SUCCESSORS OR ASSIGNS (HEREINAFTER "OWNER") AND THE CITY OF YELM (HEREINAFTER "JURISDICTION") Section 1. Maintenance Covenant. Easements are hereby granted for the installation, inspection, and maintenance of utilities and drainage facilities as delineated on the plat of YELM CREEK ESTATES, records of Thurston County, and in the MAINTENANCE PLAN, Instructions For Maintenance Of Storm Drainage Facilities by and between OWNER and the City of Yelm attached as Exhibit A. No encroachment will be placed within the easements, which may damage or interfere with the installation, inspection, and maintenance of utilities. All operations and maintenance of the storm drainage facilities, including all expenses, shall be paid by the YELM CREEK ESTATES, Homeowners Association. In the event OWNER, successors or the YELM CREEK ESTATES, Homeowners, in the judgement of the City of Yelm, fails to maintain drainage facilities within the plat, or if OWNER or successors willfully or accidentally reduce the capacity of the drainage system or render any part of the drainage system unstable, OWNER or successors agree to the following remedy; After thirty (30) days notice by registered mail to the Proponent or successors, The City of Yelm may correct the problem or maintain facilities as necessary to restore the full design for all costs associated with engineering and construction of the remedial work. The City Of Yelm may charge interest as allowed by law from the date of completion of construction. The City Of Yelm will place a lien on the property and/or on lots in the Property Owners Association for payments in arrears. Costs or fees incurred by the jurisdiction, should legal action be required to collect such payments, shall be borne by the Proponent or successors. Section 2. Maintenance of Facilities. (A) In consideration of conveyance of Tract (s) to the Homeowners, the Homeowners hereby covenants and agrees to maintain in good order and repair all stormwater facilities, to the requirements and standards of City of Yelm, and all fences and equipment 3888173 Page 2 of 7 12/14!2006 03:47 PM Rgreement Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII (III IIII appurtenant to same. If in the opinion of the City of Yelm the facilities are not maintained to the City standards, a fee maybe charged to each property owner by the Homeowners for maintenance and or repairs of said facilities. Maintenance and or repairs can be hired out by the Homeowners or repairs can be done by the members, as long as work meets with City standards. (B) All stormwater runoff from rooftops shall be handled to retain all runoff on-site as per the City of Yelm standards, by individual drywells onsite. Section 3. Maintenance Schedule. component as outlined in Exhibit A. Maintenance schedule for drainage system Section 4. The YELM CREEK ESTATES, Homeowners shall provide the storm drainage maintenance required in the residential Agreement to maintain stormwater facilities. Section 5. Approximate maintenance Schedule for Drainage System Component. This is attached in Exhibit A. ~~ - %' o las Bloom ~_ ANAGER STATE OF WASHINGTON) COUNTY OF THURSTON ) ss On this ~`~ day of r~ , 20 ~~ ,before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~~c ~GCr9~s ~~ . ~C C.~O/~7 that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. s~' Given under my hand and seal this ~ day of ~~~ ~~ / . , 20~15%~ . ~:;~~~> ~y ' ~~~? ~u~~ .e,, ~ ' Sit-~.A~r~c.- ~,~$~ ~~;~~ ,-'~"~ tary Public in and for th ~a~~,~''; ' ~"r ,~ ~/ State of Washington, residing in ~~"„~~ C;QTA t~ ;t ~~/li/~z5 T"c~/~/ COGI.ti~ :TYy _ ~,; ~ o ~ My commission expires:~r 2 j~/-~ 7 ' A~~g ,{. ~£.; `e`. 3888173 Page 3 of 7 12114!2©06 03:47 PM Agreement Thurston County Washington 2 CITY OF YELM l Illllll III IIIIII Ili! IIIIII I'll IIIIIIi IIIIII !ill IIII VIII I I I VIII VIII VIII IIII IIII EXHIBIT A MAINTENANCE PLAN YELM CREEK ESTATES SUB-05-0239-YL And SHO-05-0240-YL INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES The following pages contain maintenance needs for most components that are part of the proposed drainage system. A checklist should be completed for all system components according to the schedules shown in the tables. Using photocopies of these pages, check off the problems identified with each inspection. Add comments on problems found and actions taken. Keep these "checked" sheets in a file, as they will be used to write the annual report (due in May of each year). Some items do not need to be checked with every inspection. Use the suggested frequency at the left of each item as a guideline for the inspections. The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it appears that a problem may exist. 3888173 Page 4 of 7 12/14/2006 03:47 PM Agreement Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII SUB-05-0239-YL SHO-05-0240-YL SECTION 1 - REQUIRED MAINTENANCE The drainage facilities will require occasional maintenance. The checklists below are the minimum maintenance requirements and inspection frequencies. Maintenance Checklist for Conveyance Systems (Pipes and Ponds) Drainage ,, System Conditions That Should Frequency Feature Req'd Problem Conditions to Check For Exist M.S. Pipes ,, Sediment & Accumulated sediment that exceeds Pipe cleaned of all debris 20% of the diameter of the pipe. sediment and debris. M Vegetation Vegetation that reduces free All vegetation removed ~ movement of water through pipes. so water flows freely. A Damaged Protective coating is damaged, rust Pipe repaired or (rusted, bent is causing more than 50% replaced. ~ or crushed) deterioration to any part of pipe. M Any dent that significantly impedes Pipe repaired or flow (i.e., decreases the cross replaced. ,, section area of pipe by more than 20%). M Pipe has major cracks or tears Pipe repaired or allowing groundwater leakage. replaced. M,S Ponds Trash & Dumping of yard wastes such as Remove trash and Debris grass clippings and branches into debris and dispose as ponds. Accumulation of non- prescribed by City degradable materials such as glass, Waste Management plastic, metal, foam and coated Section. ~ paper. M Sediment Accumulated sediment that exceeds Ponds cleaned of all buildup 20% of the design depth. sediment and debris so '' that it matches design. M Vegetation not Grass cover is sparse and weedy or Aerate soils and growing or areas are overgrown with woody reseed and mulch bare overgrown vegetation. areas. Maintain grass height at a minimum of 6" for best stormwater treatment. Remove woody growth, recontourandreseed ~ as necessary. M Conversion by Ponds has been filled in or blocked If possible, speak with homeowner to by shed, woodpile, shrubbery, etc. homeowner and incompatible request that ponds '' use. area be restored. Contact City to report problem if not rectified voluntaril . A Pond does not Water stands in infiltration pond or A survey may be drain infiltration velocity is very slow. needed to check Stagnation occurs. slopes and bottom. Clean as needed. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Commenu: Key: A =Annual (March or April preferred) M = Monthly (see schedule) 3888173 Page 5 of 7 12/14!2006 03:47 PM Rgreement Thurston County Washington CITY OF YELM IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Maintenance for Catch Basins and Inlets Drainage ,, System Conditions That Should Fre uenc Feature Re 'd Problem Conditions to Check For Exist M,S General Trash, debris Trash or debris in front of the No trash or debris located and sediment catch basin opening is immediately in front of catch in or on basin blocking capacity by more than basin opening. Grate is 10%. kept clean and allows water ~ to enter. M Sediment or debris (in the No sediment or debris in the basin) that exceeds 1/3 the catch basin. Catch basin is depth from the bottom of basin dug out and clean. to invert of the lowest pipe into or out of the basin. M,S Trash or debris in any inlet or Inlet and outlet pipes free of pipe blocking more than 1/3 of trash or debris. ~ its height. M Structural Corner of frame extends more Frame is even with curb. damage to than 3/4" past curb face into frame and/or street (if applicable). ~ top slab M Top slab has holes larger than Top slab is free of holes and 2 square inches or cracks cracks. wider than 1/4" (intent is to make sure all material is ~ running into the basin. M Frame not sitting flush on top Frame is sitting flush on top slab, i.e., separation of more of top slab. ,, than 3/4" of the frame from the top slab. A Cracks in Cracks wider than 1/2" and Basin replaced or repaired basin longer than 3", any evidence of to design standards. walls/bottom soil particles entering catch Contact a professional basin through cracks or engineer for evaluation. maintenance person judges ~ that structure is unsound. A Cracks wider than 1/2" and No cracks more than 1/4" longer than 1' at the joint of wide at the joint of any inlet/outlet pipe or any inlet/outlet pipe. evidence of soil particles entering catch basin through ~ cracks. A Settlement / Basin has settled more than 1" Basin replaced or repaired misalignment or has rotated more than 2" out to design standards. of alignment. Contact a professional ~ engineer for evaluation. M,S Fire hazard of Presence of chemicals such as No color, odor or sludge. other pollution natural gas, oil and gasoline. Basin is dug out and clean. ~ Obnoxious color, odor or sludge noted. M,S Outlet pipe is Vegetation or roots growing in No vegetation or root growth clogged with inlet/outlet pipe joints that are present. ~ vegetation more than 6" tall and less than 6" apart. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: Key: A =Annual (March or April preferred) M = Monthly (see schedule) S =After major storms 3888173 Page 6 of 7 12!1412006 03:47 PM Agreement Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII III IIIIIII VIII III III IIII VIII I III IIII IIII I II IIII SECTION 2 - RESPONSIBLE ORGANIZATION The homeowners association shall be responsible for the operations and maintenance of all onsite storm drainage facilities. SECTION 3 - VEGETATION MANAGEMENT PLAN All disturbed pervious areas on the site will be landscaped to provide as aesthetically pleasing environment. SECTION 4 - INFILTRATION AND WET PONDS The bottom surface of the infiltration pond shall be periodically inspected for build-up of sediment and debris. If the pond begins to have standing water, especially after rainfall has ceased for several days, the infiltration facility may not be infiltrating properly and should be inspected. The wet pond shall be inspected to insure that it does not infiltrate. If the liner has been compromised it shall be repaired. 3888173 Page 7 of 7 12114!2006 03:47 PM Agreement Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Yelm Creek Estates Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4 and SW '/4 of the SW t/4 of S 18, T 17N, R2E, WM Assessors Property Tax ParceVAccount Number: 22718330102,22718330304 3888172 Page 1 of 6 12/14!2006 03:47 PM Miscellaneous Thurston County Washington CITY OF YELM IIIIIIIIIII IIIIIIIIII IIIIII IIII IIIIIII IIIIII (IIIIIII IIIIIVIIIVIIIVIIIVIIIIIIIIIII Form No. 14 Subdivision Guarantee (4-10-75) *yt i..Wrpx~ SUBDIVISION GUARANTEE LIABILITY FEE GUARANTEES Mustang Development, LLC 4299-925880 herein called the Assured, against loss not exceeding the liability amount stated above which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. LIABILITY EXCLUSIONS AND LIMITATIONS 1. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown therein. 2. The Company's liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of reliance upon the assurance herein set forth, but in no event shall the Company's liability exceed the liability amount set forth above. 3. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. Dated: November 21, 2006 at 7:30 A.M. $ 1,000.00 Guarantee No.: 4299-925880 Page No.: 1 FirstAmerican Tit/e Insurance Company Bell Towne Centre 4200 6th Avenue SE, Ste 201 Lacey, WA 98503 Phn -(360)491-2441 Fax-(866)343-5409 ORDER NO.: $ 200.00 TAX $ 16.80 YOUR REF.: First American Title Insurance Company a Corporation, herein called the Company Subject to the Liability Exclusions and Limitations set forth below and in Schedule A. 3888172 Page 2 of 6 12/14/2006 ©3:47 PM Miscellaneous Thurston County Washington FirstAmerl CITY OF YELM I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Form No. 14 Subdivision Guarantee (4-10-75) SECOND REPORT SCHEDULE A The assurances referred to on the face page are: A. Title is vested in: Mustang Development, LLC, a Washington Limited Liability Company Guarantee No.: 4299-925880 Page No.: 2 B. That according to the Company's title plant records relative to the following described real property (including those records maintained and indexed by name), there are no other documents affecting title to said real property or any porition thereof, other than those shown below under Record Matters. The following matters are excluded from the coverage of this Guarantee: 1. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. 2. Water rights, claims or title to water. 3. Tax Deeds to the State of Washington. 4. Documents pertaining to mineral estates. DESCRIPTION: PARCEL A: THE SOUTH 20 FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M. LYING EAST OF YELM CREEK; EXCEPTING THEREFROM ANY PORTION LYING WITHIN CRYSTAL SPRINGS ROAD AND THE NORTH 172.75 FEET, AS MEASURED ALONG THE EAST LINE THEREOF, OF THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 18, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., LYING EASTERLY OF YELM CREEK. EXCEPTING THEREFROM ANY PORTION LYING WITHIN COUNTY ROAD KNOWN AS CRYSTAL SPRINGS ROAD. IN THURSTON COUNTY, WASHINGTON. PARCEL B: LOT 1 OF SHORT SUBDIVISION N0. SS-8029 AS RECORDED NOVEMBER 1, 1990 UNDER AUDITOR'S FILE NO. 9011010199; RECORDS OF THURSTON COUNTY, WASHINGTON. EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF SAID SS-8029, THENCE N 89°44'26" W ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 218.38 FEET; THENCE N 00°15'34" E A DISTANCE OF 18.00 FEET; THENCE S 89°44'26" E A DISTANCE OF 218.44 FEET TO THE EAST LINE OF SAID LOT 1; THENCE S 00°27'22" W ALONG SAID EAST LINE A DISTANCE OF 18.00 FEET TO THE POINT OF BEGINNING. 3888172 Page 3 of 6 12/14/2006 03:47 PM Miscellaneous Thurston County Washington FirstAme~ic CITY OF YELM Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4299-925880 Page No.: 3 (ALSO KNOWN AS PARCEL A OF CITY OF YELM BOUNDARY LINE ADJUSTMENT NO. BLA-05- 0462-YL RECORDED UNDER RECORDING NO. 3820409, RECORDS OF THURSTON COUNTY, WASHINGTON.) APN: 22718330102 APN: 22718330304 3888172 Page 4 of 6 12!1412©06 03:47 PM Miscellaneous Thurston County Washington CITY OF YELM FirstAmeric IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Form No. 14 Subdivision Guarantee (4-10-75) RECORD MATTERS: Guarantee No.: 4299-925880 Page No.: 4 Reservations contained in Deed from the State of Washington recorded under recording no. 542526, reserving all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. As to the Short Subdivision No. SS-0167, recorded August 28, 1975 under Recording No. 945375. (Affects Parcel B) 3. Any and all offers of dedication, conditions, restrictions, easements, fence line/boundary discrepancies, notes and/or provisions shown or disclosed by the filed or recorded map referred to in the legal description. As to the Short Subdivision No. SS-8029, recorded November 01, 1990 under Recording No. 9011010199. (Affects Parcel B) 4. Any question that may arise due to the shifting and/or changing in the course of Yelm Creek. 5. Rights of the general public to the unrestricted use of all the waters of a navigable body of water not only for the primary purpose of navigation, but also for corollary purposes; including (but not limited to) fishing, boating, bathing, swimming, water skiing and other related recreational purposes, as those waters may affect the tidelands, shorelands or adjoining uplands and whether the level of the water has been raised naturally or artificially to a maintained or fluctuating level, all as further defined by the decisional law of this state. (Affects all of the premises subject to such submergence) 6. Terms, provisions and reservations under the Submerged Land Act (43 U.S.C.A. Sections 1301 through 1311) and the rights of the United States of America to regulate commerce, navigation, flood control, fishing and production of power. 7. Right of the State of Washington in and to that portion, if any, of the property herein described which lies below the line of ordinary high water of Yelm Creek. 8. Mitigation Agreement and the terms and conditions thereof: Between: Yelm Community Schools District No. 2, Yelm, Washington And: Rainier General Development, Inc. Recording Information: 3775283 9. The terms and provisions contained in the document entitled "Declaration of Boundary Line Adjustment and Covenants" Recorded: Recording No.: April 03, 2006 3820408 3888172 Page 5 of 6 12/14/2006 03:47 PM Miscellaneous Thurston County Washington CITY OF YELM FirstAmerica IIIIIIIII IIIIIII IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII Form No. 14 Subdivision Guarantee (4-10-75) Guarantee No.: 4299-925880 Page No.: 5 10. Terms, covenants, conditions and restrictions as contained in recorded Lot Line Adjustment (Boundary Line Revisions): Recorded: April 03, 2006 Recording Informaton: 3820409 Items No. 12-14 affects Parcel B K. General taxes for the year 2006, which have been paid. Tax Account No.: 22718330102 Code Area: 170 Amount: $ 2,512.58 Assessed Land Value: $ 76,500.00 Assessed Improvement Value: $ 129,200.00 (Affects Parcel A) L. General taxes for the year 2006, which have been paid. Tax Account No.: 22718330304 Code Area: 170 Amount: Assessed Land Value: Assessed Improvement Value: (Affects Parcel B) $ 629.07 $ 50,100.00 $ 0.00 INFORMATIONAL NOTES A. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. 3888172 Page 6 of 6 12114/2©06 03:47 PM Miscellaneous Thurston County Washington CITY OF YELM First America 11111111 III 111111 IIII 111111 IIII 1111111111111 IIII IIII IIIII IIIII 11111 IIIII IIIII IIII IIII .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Declaration of covenants, conditions, & restrictions for Yelm Creek Estates Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Yelm Creek Estates Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4 and SW '/4 of the SW I/4 of S 18, T 17N, R2E, WM Assessors Property Tax ParceVAccount Number: 22718330102,22718330304 3888171 Page 1 of 11 12/14/2006 03:47 PM Covenant Thurston County Washington CITY OF YELM I IIIIIII III (VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII (IIII IIII IIII AFTER RECORDING RETURN TO: Mustang Development, LLC 7822 Hwy 99 SE Olympia ,Washington 98501 DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS The land Referred To Herein Is Situated In The State Of Washington, City Of Yelm, County of Thurston And Is Described As Follows: Lots 1 to 22 and Storm and Open Space Tract Yelm Creek Estates, as recorded in the office of the Thurston County Auditor on J ~/"``day of ~~~ ~~1~~ 20 a-~ ,under Thurston County Auditor's File No. ~ ~ ~ ~ ~7b THIS DECLARATION IS MADE THIS ~ DAY OF ~ecc4 v~r , 20 G-6 by MUSTANG DEVELOPMENT, LLC, A Washington limited liability corporation, HEREINAFTER REFERRED TO AS "DECLARANT". WITNESSETH Whereas, Declarants are the owners of certain real property in The City of Yelm, Lots 1 to 22 -acrd, Open Space and Storm a~ Tracts of Yelm Creek Estates as recorded in the office of the Thurston County Auditor on ~ day of ~c~?C~c.,~ 20 ~. under Thurston County Auditor's File No. 3 ~ ~~ / ~b (hereafter referred to as "the property" or "properties"); and WHEREAS, Declarants will convey certain of the said properties, subject to certain protective covenants, conditions and restrictions, reservations, liens and charges as hereafter set forth. NOW, THEREFORE, Declarants hereby declares that the properties described in ARTICLE II hereof shall be held, sold, conveyed, subject to the following easements, restrictions, reservations, charges, liens, covenants, and conditions, all of which are for the purpose of enhancing and protecting the value, desirability and attractiveness of the property. These easements, restrictions, reservations, charges, liens, covenants, and conditions shall run with the real property and shall be binding on all parties having or acquiring any right, title or interest herein and/or on all parties having or acquiring any part thereof, and shall inure to the benefit of each owner thereof. 3888171 Page 2 of 11 12!1412006 X3:47 PM Covenant Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ARTICLE I DEFINITIONS Section 1. "Association" shall mean and refer to Yelm Creek Estates Homeowners Association, a Washington non-profit corporation, its successors and assigns. Section 2. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of a fee simple title to any Lot which is part of the Properties, including contract purchasers, but excluding those having such interest merely as security for the performance of an obligation. Section 3. "Properties" shall mean and refer to that certain real property herein after described, and such additions thereto as may hereafter be brought within the jurisdiction of the Association. Section 4. "Common Area" shall mean all real property including the improvements thereto owned by the Association for the common use and enjoyment of the owners. The Common Area to be owned by the Association at the time of the conveyance of the first lot is described as follows: Storm and Open Space Tract, Yelm Creek Estates. Section 5. "Lot" shall mean and refer to any of the individual lots shown upon the recorded subdivision map of the Properties with the exception of the Common Areas. Section 6. "Declarant" shall mean and refer to Mustang Development, LLC, its successors or assigns who should acquire more than one undeveloped Lot from the Declarant for the purpose of development. ARTICLE II PROPERTY SUBJECT TO THIS DECLARATION The real property which is, and shall be, held, transferred, sold, conveyed and occupied subject to this declaration is located in Yelm, Washington, Thurston County Washington as is described as follows: LOTS 1 TO 22 AND STORM AND OPEN SPACE TRACT OF YELM CREEK ESTATES, AS RECORDED UNDER AUDITOR' S FILE NO. _3 ~~' ~ ! 7,~ IN THURSTON COUNTY, WASHINGTON 3888171 Page 3 of it 12!14!2006 03:47 PM Covenant Thurston County Washington CITY OF YELM I (IIIIII III IIIIII IIII IIIIII VIII IIII (IIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII ARTICLE III GENERAL PROTECTIVE COVENANTS Section 1. Residential Character of Property. No structure or buildings of any kind shall be erected, altered, placed or permitted to remain on any residential lot other than a residential dwelling, not to exceed two stories in height, with a private garage or carport for not less than one (1) or more than three (3) standard size passenger automobiles and one recreational vehicle, each lot shall provide at least two (2) off street parking spaces including the garage, carport or driveway. During construction of a residential structure, construction materials may be maintained, by the builder, on a residential lot. Also, fences in compliance with Section 7 and Section 8 herein, and outbuildings that service a residential structure that are in compliance with Section 4 herein, are allowed. Section 2. Business and Commercial Use of Property Prohibited. No trade, craft, business, profession, commercial or manufacturing enterprise of business or commercial activity of any kind shall be conducted or carried on upon any residential lot, or within any building located on a residential lot, unless said activity be in compliance with City of Yelm's Ordinances or Conditional Use Permit, nor shall any goods, equipment, trailers of any description, or materials or supplies used in connection with any trade, service, or business, wherever the same maybe conducted, be kept, parked, stored, dismantled or repaired upon any residential lot unless said goods, equipment, trailers, materials or supplies be enclosed or screened in such a manner (and in accordance with Section 8 herein below) that the same are not easily visible from any street or any other lot in the plat, except for construction materials and a construction office for residential construction as described in Section 1, nor shall anything be done on any residential lot which maybe or may become an annoyance or nuisance to the neighborhood. None of the activities described in Section 2 herein shall be permitted on any street, sidewalk or other public area. Section 3. Automobiles, Boats, Trucks, Trailers, Recreational Vehicles. The streets within the plat shall not be used for overnight parking of any vehicles other than private automobiles. This covenant specifically prohibits the street storage of automobiles, boats, trucks, trailers or recreational vehicles. The City of Yelm parking ordinances shall supersede this section where discrepancies appear. No owner of any residential lot shall permit any vehicle owned by such lot owner, any member of the lot owner's family or any guest or acquaintance or invitee to be parked upon any street or upon any lot within the property for a period in excess of forty-eight (48) hours where such vehicle is non-operational, in repair or abandoned unless such vehicle is on a lot and enclosed in a garage or outbuilding, or screened by a fence (in accordance with Section 8) in such a manner that it is not easily visible from any street or any other lot in the plat. Section 4. Residential uses of Temporary Structures Prohibited. No trailer, tent, shack, garage, barn or other outbuildings or any structure of any temporary character erected or placed on the property shall at any time be used as a residence either temporarily or permanently. 3888171 Page 4 of 11 12!14!2006 03:47 PM Covenant 3 Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII (IIII VIII IIII IIII Section S. Animals. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot. Cats, dogs, birds or other household pets may be kept if they are not kept, bred or maintained for any commercial purpose; provided however, that they shall not be kept in numbers or under conditions so as to become a hazard to health, safety and/or the quiet enjoyment of any lot subject to this declaration. Any kennel or dog run must be screened from view of the street. Any dogs must be kept so as to minimize excessive noise from barking or they shall be considered a nuisance according to the terms of the covenants. Section 6. Mortgage Protected. Nothing herein contained shall impair or defeat the lien of any mortgage or deed of trust now or hereafter recorded covering any lot or lots. Title to any property obtained as a result of any foreclosure proceeding shall specifically be held subject to all of the provisions herein. Section 7. Building Setback. No building or detached structure (with the exception offences as described in Section 8 of this document) shall be located on any residential lot nearer to the front line than the mid point of the house, nor nearer than five (5) feet to the rear lot line. Section 8. Fence Requirements. Fences shall not exceed six (6) feet in height. Fences shall be well constructed of suitable wood or vinyl fencing materials and shall be artistic in design and shall be in architectural harmony with the buildings and fences of adjacent lots. A chain link fence shall be allowed around the drainage pond if necessary. No fence, wall or hedge over three (3) feet in height shall be erected, placed or altered on any lot nearer to any street than the building setback line, except that nothing shall prevent the erection of a necessary retaining wall, the top of which does not extend more than two feet above the finished grade at the back of said wall. All fences shall also meet the requirements of Section 13 where necessary. Section 9. Easements. Easements for utilities, drainage, and access are reserved as delineated on the recorded plat map. Within these easements, no structure, planting or other material shall be placed or permitted to remain which may damage or interfere with the installation and maintenance of utilities, or which may change the direction of flow of drainage channels in the easements, or which may obstruct or retard the flow of water through drainage channels in the easements. The easement area of each lot and all improvements in it shall be maintained continuously by the owner of the lot, except for those improvements for which a public authority or utility company is responsible. Section 10. Signs. No sign of any kind shall be displayed to the public view on any lot except professionally produced signs that total not more than 3 feet square, advertising the property for sale or rent, signs used by a builder to advertise the property during the construction and sales period are permitted. Signs of a political nature maybe displayed from 30 days prior to any election or primary election day and 30 days following election or primary election day. 3888171 Page 5 of 11 12l14l20D6 ©3:47 PM Covenant Thurston County Washington CITY OF YELM IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 11. Oil and Mining Operations. No oil drilling, oil development operations, oil refining, quarrying or mining operation of any kind shall be permitted upon or in any lot, nor shall oil wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any lot. No derrick or other structure designed for use in boring for oil, natural gas or water shall be erected, maintained or permitted upon any lot. Section 12. Water Supply. No individual water supply system shall be permitted on any lot. Section 13. Sight Distance at Intersection. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty-five (25) feet from the intersection of the street lines, or in the case of a rounded property corner, from the intersection of the street property lines extended. The same sight-line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway or alley pavement. No trees shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at sufficient height to prevent obstruction of such sight lines. Section 14. Garbage and Refuse Disposal. No lot, open space or tract shall be used as a dump for trash or rubbish of any kind. All garbage and other waste shall be kept in appropriate containers for proper disposal. Yard rakings, such as rocks, lawn and shrubbery clippings, and dirt and other material resulting from landscaping work shall not be dumped into or upon public streets, ditches or the adjacent property. The removal and proper disposal of all such materials shall be the sole responsibility of the individual lot owner. All containers for the storage or disposal of such material shall be kept in a clean and sanitary condition. Section 15. Dwelling size. The ground floor area of the main structure, exclusive of a one-story open porches and garages, shall be not less than 700 square feet for cone-story dwelling, nor less than 1200 square feet for a dwelling of more than one story. Section 16. Roofs. No flat roofs will be allowed on the house or garage. Section 17. Exteriors. The entire house must be painted or stained approved colors. The idea is that colors that are very bright, provocative, or draw the attention of persons looking at the houses in the subdivision plat to those with significant color variation should be avoided. Color schemes will be selected to provide a homogenous nature and neutral look to the homes. The original house colors shall be approved by Yelm Creek Homeowners Association. An owner wishing to change the house colors from the original colors shall, in writing, notify all other lot owners in the subdivision of the color change. If five lot owners object, in writing, to the new colors, within ten days the new colors shall not be allowed. Approval of changes in colors shall not be reasonably withheld. Section 18. Nuisance. No noxious or offensive activity shall be carried on upon any residential lot. No activity shall be allowed to become an annoyance or nuisance or decrease the value of the property of any neighbor or of the neighborhood in general. 3888171 Page 6 of 11 12/14!2006 03:47 PM Covenant Thurston County Washington S CITY OF YELM I IIIIIII III IIIIII IIII IIIIII VIII I II IIIIVI IIIIII II III (IIII VIII III I VIII VIII III Section 19. Firearms. The shooting of any type of weapon or firearm is prohibited, including but not limited to BB guns, air rifles and pistols, pellet guns and sling shots. Section 20. Landscaping. Landscaping of the front and at least one half of the side yards shall be grass. Yards shall be regularly mowed and neatly maintained at all times. The original deciduous trees shall be replaced if they die, become diseased or too large for the site. All landscaping shall be completed within one (1Zyear. Homeowners shall be responsible for the street trees and lawn within the planter strip between the sidewalk and street adjacent to each of the homes. Section 21. Storm and Open Space Tract shall be dedicated to the Homeowners association, and the Homeowners Association shall be responsible for maintaining the Stormwater Drainage as required by The City of Yelm and reasonable environmental practices as outlined in Yelm Creek Estates Maintenance Plan. Section 22. The residential structure located on lot 8 is hereby acknowledged as existing at the time of development and therefore "grandfathered" as to existing size, appearance and location. Any future alterations or changes to the property shall be governed by these covenants. Otherwise all other provisions of these covenants apply to lot 8. ARTICLE IV VOTING MEMBERSHIP Section 1. The Association shall have two classes of voting membership. Section 2. Class "A" Class "A" members shall be all owners, with the exception of the Declarant, and shall be entitled to one vote for each Lot owned. When more than one person holds an interest in any Lot, all such persons shall be members. The vote for such Lot shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any lot. Section 3. Class "B" Class "B" member (s) shall be Mustang Development, LLC, (the Declarant or successor) and shall be entitled to three (3) votes for each Lot owned. The Class B membership shall cease upon the happening of either of the following events, whichever occurs earlier: (A) When the total votes outstanding in the Class A membership equals the total votes outstanding in the Class B membership; or (B) on December 31, 2006. 3888171 Page 7 of 11 12/14/2006 03:47 PM Covenant 6 Thurston County Washington CITY OF YELM VIII I III I I I IIII I IIII VIII IIII III III IIIIII IIII IIII III VIII III I III I VIII II III Section 4. FHANA Approval. As long as there is a Class "B" membership, the following actions will require the prior approval of the Federal Housing Administration or the Veterans Administration; Annexation of additional properties, dedications of Common Area and amendment of this Declaration of Covenants, Conditions and Restrictions. ARTICLE V COVENANT FOR MAINTENANCE ASSESSMENTS Section 1. Creation of the lien and Personal Obligation for Assessments. The declarant, for each lot owned within the Properties, hereby covenants, and each Owner of any lot by acceptance of deed thereof, whether or not it shall be so expressed in such deed, is deemed to covenant and agree to pay to the Association annual assessments to be established and collected as hereinafter provided. The annual and special assessments, together with interest, costs, and reasonable attorney fees, shall be charged on the land and shall be a continuing lien upon the property against which each such assessment is made. Each such assessment, together with interest, costs, and reasonable attorney fees, shall also be the personal obligation of the person who was the Owner of such property at the time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to his successors in title unless expressly assumed by them. Section 2. Purpose of Assessments. The assessments levied by the Association shall be used exclusively to promote the recreation, health, safety and welfare of the residents in the Properties and for the improvement and maintenance of the Common Areas, including the maintenance of Stormwater Facilities. Section 3. Maximum Annual Assessment. Until December 31, 2007, the maximum annual assessment shall be one hundred dollars ($100.00) per lot. (A) From and after December 31, 2007 the maximum annual assessment may be increased above 5% by a vote of fifty percent (50%) of each class of members who are voting in person or by proxy, at a meeting duly called for this purpose. (B) The Board of Directors may fix the annual assessment at an amount not in excess of the maximum. Section 4. Special Assessments for Capital Improvements. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of deferring, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the Common Areas, including fixtures and personal property related thereto, 3888171 Page 8 of 11 12/14!2006 03:47 PM Covenant ~ CITYsOFnYELMnty Washington I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII provided that any such assessment shall have the consent of fifty percent (50%) of the votes of each class of members who are voting in person or by proxy at a meeting duly called for this purpose. Section 5. Notice and Quorum for any Action Authorized Under Section 3 and 4. Written notice of any meeting called for the purpose of taking any action under Section 3 and 4 shall be sent to all members no less than sixty (60) days in advance of the meeting. At the first such meeting called, the presence of members or proxies entitled to cast sixty percent (60%) of all votes of each class of membership shall constitute a quorum. If the required quorum is not present, another meeting maybe called subject to the same notice requirement, and the required quorum at the subsequent meeting shall be one-half (1/2) of the required quorum at the preceding meeting. No such subsequent meeting shall be held more than sixty (60) days following the preceeding meeting. Section 6. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all Lots and maybe collected on a monthly basis. Section 7. Date of Commencement of Annual Assessments: Due Dates The annual assessments provided for herein shall commence as to all lots on the first day of the month following the conveyance of the Common Areas. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board of Directors shall fix the amount of the annual assessment period. Written notice of annual assessment shall be sent to every owner subject thereto. The due date shall be established by the Board of Directors. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association setting forth whether the assessment of a specified Lot has been paid. A properly executed certificate of the Association as to the status of assessments on a Lot is binding on the Association as of the date of its issuance. Section 8. Effect of Nonpayment of Assessments; Remedies of the Association Any assessment not paid within thirty (30) days after the due date shall bear interest from the due date at the rate of twelve (12%) per annum. The Association may bring action at law against the owner personally obligated to pay the same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non-use of the Common Area or abandonment of his lot. Section 9. Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinate to the lien of any first mortgage. Sale or transfer of any lot pursuant to a mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien and such assessments as to payments which become due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. 3888171 Page 9 of 11 g 12!1412006 03:47 PM Covenant Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII (IIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII (IIII VIII IIII IIII Section 10. Every owner of a Lot which is subject to assessment shall be a member of the Association. Membership shall be appurtenant to and may not be separated from ownership of any Lot which is subject to assessment. ARTICLE VI DESIGN APPROVAL No building, fence, wall or other structure shall be commenced, erected or maintained upon the properties, nor shall any exterior addition to or change or alteration therein be made until the plans and specifications showing the nature, kind, shape, height and location of the same shall have been submitted to and approved in writing as to conformance with these covenants, harmony of external design and location in relation to surrounding structures and topography by the Board of Directors of the Association, or by an Architectural Control Committee composed of three (3) or more representatives appointed by the Board. In the event said Board, or its design Committee, fails to approve or disapprove such design and location within thirty (30) days after said plans and specifications have been submitted to it, approval will not be required and this Article will be deemed to have been fully complied with. ARTICLE VII GENERAL PROVISIONS Section 1. Enforcement. The Declarants, Yelm Creek Estates Homeowners Association and/or the owner of any lot or lots subject to this declaration, shall have the right to enforce, by any proceeding at law or in equity, all restrictions, conditions, covenants, reservations, liens and charges now or hereafter imposed, by the provisions of this declaration; provided however, that the Declarant's right to enforce the provisions of this declaration shall terminate at such time as the Declarant shall cease to be owners of a lot or lots subject to this declaration; and provided further, however, that the termination of the Declarant's power to enforce this declaration shall in no way affect the power of any successor, lot owner or the Yelm Creek Estates Homeowners Association to enforce the terms and conditions of this declaration. In any action to enforce the terms and conditions of this declaration, the party prevailing shall be entitled to an award of such party's costs, including attorney's fees, against the non-prevailing party for all costs incurred with respect to the enforcement of this declaration. Failure of the Declarant or any such owner or contract purchaser or Yelm Creek Estates Homeowners Association to enforce any covenant or restriction herein contained shall in no event be deemed a waiver of the right to do so hereafter. 3888171 Page 10 of 11 12!14!2006 03:47 PM Covenant 9 Thurston County Washington CITY OF YELM I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII Section 2. Severability. Invalidation of any one of these covenants or restrictions by judgment or court order shall in no way affect any other provisions, which shall remain in full force and effect. Section 3. Amendment. The covenants and restrictions of this declaration shall run with and bind the land, and shall inure to the benefit of and be enforceable by the owner of any lot subject to this declaration, including the declarants, Yelm Creek Estates Homeowners Association, their respective legal representatives, heirs, successors, and assigns, for a term of thirty (30) years from automatically extended successive periods often (10) years, unless an instrument terminating all covenants, which is signed by not less than the owners then owning ninety percent (90%) during the first thirty (30) years and seventy-five percent (75%) for any period thereafter, of the property subject to this declaration and any supplemental declaration shall have been recorded with the Thurston County Auditor. The covenants and restrictions of this declaration maybe amended by an instrument signed by not less than the owners of seventy-five percent (75%) of the lots. Amendments shall take effect when they have been recorded with the Auditor of the County of Thurston. J as Bloom nager ACKNOWLEDGMENT ATTACHED TO and made a part of DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS STATE OF WASHINGTON ss COUNTY OF THURSTON ) On the `~ day of ,/~~ y~rr1 ~~2 200, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ~~~,~t ~ ~,~~~ ~ ~~~oo~~ To me known to be the /1~1 /~,,~,~ ~ ~~ (TITLE(S) of ,~'l~~tsT~~~ ~-P/~1~~'y~~ LL ~~ (CORPORATE NAME) and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITl~FSS my hand and official seal the day and year first-above written. ``,111 If/~~// '~s ~r~~NOTnR ~'0~.~ '_ otary Public in and for the :o _~_ m: State of Washington, residing in u'i ~ Puat.io..'~G'~,~p ~''•.y,~_ i~ ~ YY 14~2~:~ ~ ~ 3888171 Page 11 of 11 ~ , ~~ ~` Thursto0©CoOnty~WashingtonCovenant '~~//O~fwA'S \\~` to CITY OF YELM I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII (IIII IIII IIII .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. Mustang Development LLC 2. Yelm Creek Estates Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4 and S W '/4 of the SW '/4 of S 18, T 17N, R2E, WM Assessors Property Tax Parcel/Account Number: 22718330102,22718330304 3888174 Page 1 of 3 12!14/2006 03:47 PM Rgreement Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII III IIIIIII IIIIII IIII IIII IIIII IIIII IIIII IIIII IIII IIII III WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS MUSTANG DEVELOPMENT, LLC (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdivision to be known as YELM CREEK ESTATES, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the sp4ecifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the Yelm Municipal Code, the City has adopted subdivision regulations which require that all improvements be constructed in a manner consistent with the City's development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows: The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the City, and to provide all labor, equipment and materials necessary therefore, at no.cost to the City. 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal 3888174 Page 2 of 3 12!14/2006 03:47 PM Rgreement Thurston County Washington CITY OF YELM IIII(IIIIIIIII IIIIIIIIIIIVIIIIIIIIIIIIIIIIII IIII VIII VIIIVIII IIIIII III 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. DoC as Bloom NAGER STATE OF WASHINGTON) ss COUNTY OF THURSTON ) -, , I / "~ { ' On this i' J day of /~l~T j'r~~%_`-e ~'- , 20~, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared -,'~~~.: ~~r> > ~i' ~ - ~- ~=~~~ that executed the foregoing instrument, and acknowledged the said instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. Given under my hand and seal this i_:-t day of /,'%~ ,-~;::~~ , , 20 c'%; . ,Nt~tary Public in and for the ~-t^;r~~,~~ `State of Washington, residing in v: ~'~ ~ My commission expires: ~ ~~ '1 ~ i ~/ - ~~ ~~ "'vat_i~ ' 2' N~,,.~'' ;i,r u+AS ! .~~ra 3888174 Page 3 of 3 12/14/2006 03:47 PM Rgreement Thurston County Washington CITY OF YELM IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII VIII VIII VIII IIII IIII .eturn Address 'ity of Yelm ami Merriman O Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1. Bill of Sale for Water and Sewer Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. Mustang Development LLC 2. Yelm Creek Estates Grantee(s) (Last name, first name, middle initial) 1. City of Yelm Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) A portion of the NW '/4 and SW '/< of the SW '/4 of S 18, T 17N, }Z2E, WM Assessors Property Tax ParceVAccount Number: 22718330102,22718330304 3888175 Page 1 of 2 12/14/2006 03:47 PM Miscellaneous Thurston County Washington CITY OF YELM I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII IIII IIII III I VIII VIII IIII IIII BILL OF SALE THIS BILL OF SALE is made and executed this /S~ day of ~~ ~<< •,~~F'd , 20 cc, , by and between Mustang Development, LLC, hereinafter called the grantor, and the City of Yelm, a Municipal Corporation, hereinafter called the grantee. WITNESSETH: That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the following described property situated in Thurston County, State of Washington, TO WIT: All Sanitary Sewer lines, STEP sewer system, Water lines and related appurtenances lying within dedicated public rights of way for the Plat of Yelm Creek Estates and for Crystal Springs Road S.E., of Yelm's Plat No. SUB-OS-0239-YL and SHO-OS-240-YL. IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this ° - day of ~/ JC~~i? LsCi~i , 20 G4.. .;;~ - F •. ~' ° .~ • li :- :; ~~ ,: STATE OF VItA~HINGTON ) ss COUNTY OF THURSTON ) Mustang Development, LLC ~ .'~_ ~S~S a~e i' ITS nJ, i:L .-~~:,~ ~~" (Title) On the /~ ~ day of /w~`; .~;,%% ~'i~ , 20 ~`!- ,before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared ' <<~i~ c s t . ~:~ : ~ to me known to be the -~_ ,~~ . ~~ r of ,2~ ~+ ~ -.~1 ~ ~ -:%~~:'• ~C ~ and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation. WITNESS my hand and official seal the day and year first-above written. Notary Public in and~fbr the State of Washington, residing in ~_ System accepted this day of , 20 City of Yelm By: Director of Public Works 3888175 Page 2 of 2 12l14/20D6 03:47 PM Miscellaneous Thurston County Washington CITY OF YELM IIIIIIIIIIIVIII'IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIVIIIVIIIVIIIIIIIIIII PC AT 3~~~i~~ ~_ 3888176 Psy 1 of 2 Cl ivvOi~vELh Iv Y nl MimReT IIII~IIIIIWNNN~M~IUIINIINIII~~NaIN~ Dc no zaoo~x~oio2oDi zn= o~_;n~ ocasmmy~lro-Irov,aln co-1 aro ° z vm Ammcvym;a z- vIn"'nIn_ mry-volDi7n~lx'lyi~OAlciA^~ r ~ko°okmx~ zzo~ma ~ °~ mrC rn~min rorom -zo`^ .o;zm'^ A- m ro r o ocnA (~, ° xa ~mzio~;Aa~DOD m v,~;ro D~z-y;'+'^o'm'r`^•,omA Z~~ m~~m m-ImAOC~ r vai Az A~Nlmn vyi `•'i~o°z<zm amvai ~izzZO =' r Zm~ro• rozN~`^ z o~vla~yvo`" AIxl yx lnAm -I Or O '1~ mOm D to OInmA yroAp~vl ~ IA 2 A2g D mp°r m(n CmOmD "C '~ nl v7 p y2yln zc-Im-i O n o y z~y~Z y c m 6a J m• zSAb-11~~2A Dnz y~m ~1~2n A[D n ~v7minS~ ON jr~* C Ap ro p~2 OsAZOa ,~tP s. 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SPRINGS ROAD SE N 00'27'22" f 1322.49 A 2 F FD. 3" SURFACE BRASS 015K 0.9' EAST OF CL INT. ~zZm mAOp~ X220'' Dzo 2~ ~ !' y "'w a In N Of y I^ O',m oao~A z2 .No A a b O y ".'~ 0 O ~~ `G ,~ a b O ^~ Y O ~'7 ~7 n y~ no y W~ Fr 1`f n ~o n om ~a 1 ~ O "~ rr~^~ vJ o 'v z~ y Q O` vy '~ . \ as ~y~:-.. /('ti Yl •V za y y O N a O ~l N YELM CHAMBER OF COMMERCE PO BOX 444 YELM WA 98597 APPLICANT'S ARCHITECT SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 STEPHANIE RAY CITY OF YELM PUBLIC WORKS PO BOX 479 YELM WA 98597 GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 YELM POST OFFICE APPLIC NT Tr~'v ~ ,,,,n~,~.-~ POSTMASTER ~/,,~ I /,'wry , Q,~-: yjo ~3l o~ rn Olympic Engineering ~`~~ ~ 300 Deschutes Way SW OWNER Suite 315 Tumwater, WA 98501 BARB BANGE KEN BECKMAN CITY OF YELM ACCOUNTING YCOM NETWORKS DEPARTMENT PO BOX 593 PO BOX 479 YELM WA 98597 YELM WA 98597 GARY CARLSON CODY EVANS CITY OF YELM COMMUNITY Go UPS DEVELOPMENT 7383 NEW MARKET STREET SE PO BOX 479 TUMWATER WA 98501 YELM WA 98597 CHIEF RITA HUTCHESON CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 PO BOX 777 PO BOX 777 YELM WA 98597 YELM WA 98597 SARAH SCHAMME TODD STANCIL LEMAY, INC. (or Dick Rehn) CITY OF YELM POLICE DEPARTMENI 13502 PACIFIC AVENUE PO BOX 479 TACOMA WA 984440459 YELM WA 98597 AMY TOUSLEY PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 .j ~ t>71 a~4- I ~ b~ '~ ~ l Tuesday, January 02, 2007 Final Plat Recorded Receipt: 322366 Pruduct N~uue Quwndty Imlt EaYende[ Price COQ' C'ovenaz[t 1 d' $4?.00 $41.Oi Lccurr,z:~: # 3806! 71 nIISC >lisceuaneons lra,~ $3.00 $3'.oi #Fzges , ACiR .~reement lea $38.60 $38.0f # Figes L~c.cr.;a:! # 353at73 ,MGR ?,gree[nent lig 534.00 $34.0( # tzges 3 IvIISC' Rlucellaneous l a, $33.00 $33.0( # r z etas , PLAT Plat 1 a: 5108.00 $108.Oi #Fage> L aa.^t~u # 3fi6d'ic Ta:cCrt:?t,:zteir:m±SeTt~e asurer% yes Lors for Ca:~eta'y - P:at Ccr ies ~Colnty;, Flat ^ir_:es ~Orty i _, ~f11..~cr. ..T Y ^F YE14 ~11:PCOPYCs-map 1 ~ $8.00 $8. U( Copies i>llxl') Y2a° Z \L4PCOPYC's-map l a 58.00 $8. G( Copies i>llxl?i Fzaes i\L3PCOP1'Cs-map 1 a 58.OU $8.0( Copies (~I1x1') ze'e` I~LaPC'OPI'Cs-map 1'a $8 UO 58.Oi Copies (>llxl') F a e'e=' COPY Cs-copy 1 a 53.00 52.0( Fees(Ilxl;} F.ecorde9 Dccwnen! ^_ ~ ~p ies Msceiizr.ao~s ~op:es ~ ~1,~IL Cs-email 1 c^L $2.00 52.0( F ec: reed L oc ~~nen: C : } t<; ?.Lsce;;are~:vs .op,?: n Total $318.0( Tender {Check (1)j $31g.p( };a~:,cis 3d21b Fztd by ra>:,iE gagers: deoeP~~pr:ai~, 'r.- Thank 5'ou wuv; m :hw:a,t: va!s-a-stoc t?50j786~5aU5 u v~'~ ~~ ~t Tlnc Drc 11 15:4':38 PST 2006 ecerenn