Final Plat Application
Transmittal Appli- Full 11 x Storm Lot Title Full Size
Letter cation Size 17 Drain Closures Report Addressing
Map Map Report Map
submitted
prior to
a lication
Thurston Co. 1-special 1 1 1 1
'Assessor
City 1 1 1
dministrator
Shell Bad er
Yelm Police 1 1 1
Chief (Todd
Stancil
Yelm Building 1 1 1 3
Official (Gary
Carlson
Thurston Co. 2 2 2
Fire De t. - 2
YCOM Networks 1 1 1
Puget Sound 1 1 1
Ener
City Engineer 1 1 2 1
Jim Gibson
CDD Planning 1 1 1 1 1 1 1
Tech (Tami Photo copy
Merriman of all does
DD Director 1 1 1
Grant Beck
Thurston Co. 1 1 1
Communications
Ca Com
Yelm 1 1 1
Community
Schools
LeMa Inc. 1 1 1
Yelm Post Office 1 1 1
Yelm Chamber 1 1 1
of Commerce
Yelm Public 1 1 1
orks Tim
City Reviewing 1-special 1 2 2 1
Surve or
File on final on final 1 on final on final on final on final 1
Total 2 special, 19 8 15 2 5 4 4
17 re ular
Transmittal Letter -one special for Surveyor, one special for Assessor -listing what we're sending.
Then one for everyone else just saying "enclosed is project information."
R:\Forms 8 Procedures\Final Plat\Distribution of Items submitted with final plat.doc
Page 1 of 1
Transmittal Letter
To: Interested Parties
Company:
Address:
City, St Zip
Items transmitted for:
® Review and comment
^ As Requested
Date: July 3, 2006
Re: Golf Course View Estates
File No: SUB-05-0257-YL
Name: Rainier General
Development
^ For your records
^ Other
Enclosed please find project information for Case Number SUB-OS-0257-YL, (Golf Course
View Estates), fora 10 lot subdivision on .32 acres. Please review and submit comments to the
City of Yelm, Community Development Department, on or before July 17, 2006.
Remarks:
Signed: Roberta Allen
Community Development Administrative Assistant
Transmittal Letter
To: Dennis Baker Date:
Company: Geomatics Land Surveying
Address: PO Box 2550
City, St Zip: Yelm, WA 98597
Re:
July 3, 2006
Golf Course View Estates
File No: SUB-OS-0257-YL
Name: Rainier General
Development
Items transmitted for:
® Review and comment
^ As Requested
^ For your records
^ Other
Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat
maps for Case Number SUB-OS-0257-YL, Golf Course View Estates, fora 10 lot single family
subdivision on .32 acres. Please review and submit comments to the City of Yelm, Community
Development Department, on or before July 17, 2006.
Remarks:
Signed: Roberta Allen
Community Development Administrative Assistant
Transmittal Letter
To: Assessor's Office
Date: July 3, 2006
Company: Thurston County Re: Golf Course View Estates
Address: 2000 Lakeridge Drive SW, Bldg. 1 File No: SUB-OS-0257-YL
City, St Zip: Olympia, WA 98502
Name: Rainier General
Development
Items transmitted for:
® Review and comment
^ As Requested
^ For your records
^ Other
Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case
Number SUB-OS-0257-YL, Golf Course View Estates, fora 10 lot single family subdivision on
.32 acres. Please review and submit comments to the City of Yelm, Community Development
Department, on or before July 17, 2006.
Remarks:
Signed: Roberta Allen
Community Development Administrative Assistant
YELM CHAMBER OF COMMERCE YELM POST OFFICE CITY'S SURVEYOR
PO BOX 444 POSTMASTER
YELM WA 98597
SHELLY BADGER GRANT BECK KEN BECKMAN
CITY OF YELM CITY OF YELM COMMUNITY YCOM NETWORKS
PO BOX 479 DEVELOPMENT PO BOX 593
YELM WA 97597 PO BOX 479 YELM WA 98597
YELM WA 97597
ERLING BIRKLAND GARY CARLSON JIM GIBBON
YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY CITY OF YELM COMMUNITY
PO BOX 476 DEVELOPMENT DEVELOPMENT
YELM WA 98597 PO BOX 479 PO BOX 479
YELM WA 98597 YELM WA 97597
CHIEF RITA HUTCHESON CHIEF MARK KING TAMI MERRIMAN
THURSTON CO. FIRE DISTRICT #2 THURSTON CO. FIRE DISTRICT #2 CITY OF YELM COMMUNITY
PO BOX 777 PO BOX 777 DEVELOPMENT
YELM WA 98597 YELM WA 98597 PO BOX 479
YELM WA 97597
LYNN PEARL TIM PETERSON SARAH SCHAMME
THURSTON CO ASSESSOR'S OFC CITY OF YELM PUBLIC WORKS LEMAY, INC. (or Dick Rehn)
2000 LAKERIDGE DRIVE SW BLDG 1 13502 PACIFIC AVENUE
OLYMPIA WA 98502 TACOMA WA 984440459
TODD STANCIL GLEN THARP AMY TOUSLEY
CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY PUGET SOUND ENERGY
COMMUNICATIONS 2711 PACIFIC AVENUE SE
2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501
OLYMPIA WA 98501
Monday, July 03, 2006 Final Plat App
tJ
Date Re
City of Yelm ree
By
File No.
Community Development
Department
FINAL PLAT APPLICATION
Fee: $750.00
(In addition, any professional service charges
per Resolution #358)
APPOINTMENT RE/Q'UIRED FOR APPLICATION SUBMITTAL -Please call 458-3835
Subdivision Name ~-soL/=- ~ ~,~%~- st= ~ ~1 E=uJ ,C' ~7`~~F Tfi- S
Case # and Name of Preliminary Plat Approval ~5'c!' ~ - ~' ~ - ~ Z 5 7 - ~ L
Tax Parcel Number(s) ~ j 7 Z `~ ~ ZC ? C' C
SUBDIVIDER /~ ~
[Q (r'l (~' C'-~ C.Je~lrle/'n~ ~~ei.~
Name
Address
~ ~t l !~ . ~ v' t .~ ~ yes ~G
SURVEYOR
~ T2 ~ ~
Name pp
~~` /~eK qL7~
Address
Yy6 -3c~~ ~y~ ° ~~ ~~
~~s~ - YC~
'~56 - z~ 9Y YS& -/c
Phone Fax Phone // Fax / 1
,,i` c~ ~ ~ ~ c7 ~ C' !a w E;'- u ~ . c rte'/ ~-T S v ~'u t.:a [~ : ca a~l c _o s 7` , n z/
E-mail E-Mail
PROPERTY OWNER(S) ((~~
~ cJ5 TfiN C C/e<.1 LC.C.
Name
/~ G ,~S ~,c ~ 2J7
Address
IZ~ ~ ,-l lE-~ Ce~A_ q ~ S' ~ ~
~! 4l~ - ~ 0~3 y ~L~ - Z~ 7Z
ENGINEER
L y rr~~i C ~ ~tJt~ ! i/v~ ~lF~
Name
7 Ls Z OPud~ ~ap eve
Address
~f~f/»~! ~i ~tJ,{~ 9~iSO~
~ ~G ~ z5~/
Phone Fax Phone
Fax
v ~ ~ ! t~L ~ c~Leiq V e_ C ci'7 `1
/Y1~/Y`i ~/ Ll- ~ U l es ~ C v,h
E-mail E-Mail
LAND USE BREAKDOWN (Calculate to the Nearest Hundredth)
Total Acreage Z, !
Number of Single Family Resi dential Lots f~ Number of Multifamily Residential Lots
Number of Commercial Lots ~ Number of Industrial Lots _,~
Smallest Lot Area `fit a' Average Lot Area s 7Yo
Total Acreage in Open Space .3' G~ Fee in Lieu of Open Space ~'t'//4
Length in Public Streets -3 y ! Total Acreage in Public Streets ySd ~-
Length in Private Streets ^~ Total Acreage in Private Streets N/~4
All of the information on the reverse side of this application is required to be filed at the time of final plat
submittal unless a written waiver from the planner or engineer accompanies the application. After this
office has received written acknowledgment from all departments required to sign the plat, the legislative
body will be so advised and a date for a public meeting will be set for their consideration.
105 Yelm Avenue West (360) 458-3835
PO Box 479 (360) 458-3144 FAX
Yedm, WA 98597 www.ei.yelm.wn.us
CHECKLIST
Submitted Missing
SUPPORTING DOCUMENTS (Submit one copy of each document, unl ess otherwise noted)
1. Plat Certificate, date not to exceed thirty days prior to submittal.
2. A copy of any deed restrictions applicable to the subdivision.
3. A copy of any dedication requiring separate documents. ti~r~
4. Approval (signed off punchlist) by the engineering department that the subdivider has
complied with one of the following:
A. All improvements have been installed in accordance with
the requirements of this title and with the action of the
legislative body giving approval of the preliminary plat; .~
B. An agreement and financial security have been executed
as provided for in the Subdivision Ordinance to assure
completion of required improvements. /
N/~~
5. Mathematical boundary closures of the subdivision showing the
error closure, if any (4 copies). f
6. The mathematical lot closures and street centerline closures, and
square footage of each parcel (4 copies). /
7. Lots containing one acre or more shall show net acreage to
nearest hundredth. /
8. A phasing plan (if applicable.) N
9. A summary explanation is required of how all City Council conditions
of approval and SEPA mitigation have been met. ~~
10. Final drawings on disk in Auto Cad format.
11. A copy of any Home Owners Agreement. ~~
12. A copy of any Maintenance Agreements (Storm Water and/or
Open Space.)
13. Warcanty Agreement for all improvements. ~~
14. Bills of Sale for Sewer and Water. /
15. Deferral Agreement- Waiver of Protest (if applicable.)
16. Storm Water Maintenance Agreement. ~_
17. Water Rights Agreement (if applicable.) ~?-
18. Homeowners Agreement.
19. LID Segregation Application (if applicable.)
20. Documentation of Well/Septic/Drain field Abandonment.
21. School Mitigation Agreement.
22. Latecomers Payment (if applicable.) N~•~
23. Open Space Fee in-lieu of Payment (if applicable.)
24. Any outstanding City fees.
25. As-builts. /
26. Plat Map (11 folded copies -rolled not accepted.) /
27. One 11 x 17 reduced copy of the Final Plat Map
Date Checked: Checked by:
Additional Information Requested:
Additional Information Received:
Application Complete:
I05 Yelm Avenue West (360) 458-3835
PO Box 479 (360) 458-3144 FAX
Yelm, WA 98597 www.ci.yelm.wa.as
;TJ tb 7e1
~oH
HWL'1m
:oO%dm
~ <
bo+~o
~~~~
~ ~~
~ r
d
e~
r
0
ro
x
H
m PR,o~~
n o,~
.,
v ~ 3-~`'~
~ ` J
wm ro ~H
>r g30 ~~
s
~Da rat
s
N °~'~ ~0
< w (o
V I~1
/~
x
x
e
x
rl
e~
v
M
H
H
K
m v
~ al J p O
H c .~ r
A m
x 47 W ~
~ H ~
r m
~ ~
l~ ~
ft+
~ (c+ m t9
N n m
~ Z
t0 O t7
Ln ' ~
x
H
N
D
J ~
M ~
m
m
f~
n
W m
tP Z
m
~ O
m
m_
Z
O
CO
CJ7
Number of Single Famly Residential Lols
Number of Commercial Lots
Smallest Lot Area
Total Aaeage in Open Space
Length in Pudic Streets
Length in Private Streets
D_
2
m
s
z
a
r
rn
s
m
3
3
s
t
i
.~~'
-~
Fee
o f Ye l m Date Received ( ~ 4~ /
FeNo - _t `,r.S ~ ~ `~~
ity Development
apartment
~T APPLICATION
charges
'PLICAT/ON SUB.NITTAL -Please cal! 458-3835
al S~ ~ - C~ ~ -G:' 1 7 - jl L
Z~ 'C O
SURVEYOR
_ ,G Tr' c. ,c
Name
,l' ~ ~cx 9CF~
Address
- ~G O F ~. r~ Gc. ,? ~~' S q 7
» ySS-~~9y ys~-/cE~
Phone Fax
_~,z~ ~f s"-L t~ ~a, ~,:,,~ use. ncf
E-Mail
ENGINEER
Name /') /
Address
7l ~ i G ` LS`fi/
Phone Fax
h /Y1~.~!`i ~ ~ _ c ~/~E S . C c.r
E-Mail
IJearest Hundredth)
2
i ~ Number of Multifamily Residential Lots _~
~ Number of Induslhal Lots
~/ F d' Average Lot Area s ~ yC
~ ,3 ~ o C- Fee in Lieu of Open Space h /,4
3 `~ ~ Total Acreage in Public Streets '~ S 4
_~` Total Aaeage m Pnvete Streets N/I~
All of the information on the reverse side of this application is required to be filed at the time of final plat
submittal unless a written waiver from the planner or engineer accompanies the application. After this
office has received written acknowledgment from all departments required to sign the plat, the legislative
body will be so advised and a date for a public meeting will be set for their consideration.
105 Yelrn .lrenue Wret
PO Boz I79
Yelrn, WA 98597
(360) a5N-3N.?5
(360) J.i:+~r l ~+ FAX
uwu•.ci.yelm.wa.ux
(~`1
RAINIER GENERAL DEVELOPMENT, INC.
P.O. BOX 627 PH. (360) 446-3083
RAINIER, WA 98576
PAY TO THE C(
ORDER OF
~~y
~,
SOll~l tldBclI1IC~„Ir•~ ~---~'
zoos wmw~n... nw w'~' <.~
oplq., w~ aMOZ Deo) ros+zro
11'0 3 540011' ~: L 2 5 L08609~:0 L SOO~d LO u'
DETACH AND RETAIN THIS STATEMENT
THE ATTACHED CHECK IS IN PAYMENT OF ITEMS DESCRIBED BELOW
cr/ °
$ %~ ~ 8
9
DOLLARS
LL
d
,--~
-s- ~ nr ~~
RAINIER GENERAL DEVELOPMENT, INC. IF NOT CORRECT PLEASE NOTIFY US PROMPTLY. NO RECEIPT DESIRED.
DELUXE BUSINESS FORMS 1+800-32&0304 www.deluufortns.com
DELUXE -FORM DVCB-2 V-6
DATE DESCRIPTION AMOUNT DISTRIBUTIONS
ACCT. N0. AMOUNT
EMPLOYEE
EARNINGS DEDUCTIONS
PERIOD TOTAL TOTAL
AMOUNT pVERTIME WITHHOLDING STATE NET PAY
ENDING HOURS RATE EARNED AT AND OTHER EARNINGS F.I.C.A. U S. INC. TAX INCOME 7AX DEDUCTIONS
REGULAR RATE
35400
DATE ~, -- ~ ~ -~~ ~ s8-sso-1251 D
Vfi
~ ~ o ~ m o v ~ W
I 1 ~ I 1 y ~ z ~ ~2~ ~
> ~~~ZN
t~ l ~ i ~ ~+ y Z `~
~Sy O U ~ I O !-
i Q o ~ e ~ ~ < ~Z~ W U ~ ~ z ~ m ~~4ic~ W
O O W p ~++ > p O W~ Wp j O W O Q' W
~ ~,+ e ~ vl U z ~ ~ I i ~ o ~ ~ ~
~ [-, i i ~~ ~ O W ~ i ~n o W
poi 4[~L]j h VI ~ ~ H h 1. -~ ~ ~ I ~ ~ U
^^~1 l~ w ~ ° U ~ ~ O ~ ~ 2 j ~ ~ i I O ~
„i1 W ~ O ° ~ ~~ 2 W ~ ~ y Q I ~' m
W Z e W a e ~ ~' a z O e i 2' ~~ Q ~ ~~°> > i ~ e o
~ 4 ° ~ ° ~, ~ ~ ~ ~ zd 2O rte, U ~Z ~ z i i ° i U Z o
~1' /•+ W ~ W t~ ~ W ~j r~^~ W '•~1 W O ~` ~ ~ ~ I I C I ~ to 2
ti~ ~ ~+ k o ~ x W~ j. ~ o f k p ~ 2 W W = OWi H ~1 2 I ' > 0
~" U W U U W U ~ W } m ~ ~ W ~ ~ - 2 m U~ ~ < < I ~ ~ O
a
rr~~ W ~ e a
w O VU < OZ O ~1 ~~ZZW ° FO
w z z zeaa32~ZQi~~~ U j ~ 2~~ZZ W W<
~ ~ ~W~tVyu=W<°<<c<'Q H i W~a~~3 W ~°a
~y O <~O<m<~0~~~2 ~ ~ <O<°~In O ANN
W m
H~y `,~ ~ c``3i ~°~z~~y~-W< W ~. ~CZ~~W~? ~ ~ z W0~
~'V O ~4 °~aUC3K~7~U O 0 <¢~~~IWWna W O W [~.-N
W O E Wy~~ ~'y~ ~F~C~V_2 W ~ tOi1jW WNW pj• N~ [s72W W
Z ~' gW~WO~mO~-~.i~0 ~ N d~p~C~ IFif ~ ¢Z l'/lch~xil
~ ~~r ~W ~~HZ<~3<o2 v' ~ W~~"ma~ z ~ Z~~'
~ w WZ <2~~y<Wy~O t ~ WUI~~~OOW ~ I <~ 02
a ~ OW U~ ~< W<3V vl < ~ZX~e~ ~ I ¢~ 2
Z O ~1°„~ym~~t~t,~~~zxo~w~ ~ ~ ~ W~~=' ` i zti 3 ~0
~z--t~iOW2z~~xU U O W ~W~~'~W~ v~ I ~~ ~
O ~ eCV~l ~IU~2Z302 Wow J z ~ Nm`21T0 < ~Ci ~ j
~z1!fW~~W~OJ~J+~ ~ ~ I~~f<i~~a Z ~ 2Q e ~ N ~
U 2 U ~ ~_ m W < W~ y Jam. t~. .........'....; !d
Jai W W ~ O O ~ZZU°a'3 < °~ I
~ ~ 2 > ~ O 3 Z a W° W I 4'yf' O',:'1P
~ (~ ~~~vai~~o~uz<i`~^~W o ~ ~ v; i°z~oa= a i xz ~ i ``'~ '°~';,~
~ A a~,~~~~~oo~<~ ° iW<4'o< e , <Q o I i o ~~, g
~o
U ~<<m„QO~~°oWWO o ~ m ~ ~ ~o~~m~ ~ ~ o~ < i a ~~~~1Q..........~,~ ~L\
O w m~W~~W°~i~tn2Q ° ~ _Z ~ <~~00~ C ~-i ? I W -•
WUxWN~~<CW~'- m~ a~ ~ p C'r <°N W W WW U ~ Z
'~ C~WO ~~02p ~ W V~ t3~ ~ jm~~W~ ~ Z ~~ m ~I O
V O ~~~'~~<OWO~D'« x ~ O~ O ~ Iy2W00 W ~ WV a <
rT ~}. lea<~viWyW<tQ°m `= v'^i k' Z ~~~z`~ ~ ~ ~~ ~ ? o
W \ <°}ma~~Z~~'~`~~WO ~ W ~ ~ ~o<?eQ ? m zm ° W '' ZO
ti Z~WCO~COa<~b~UON ~ ~ In U 2 ~ ~ 'yU
w O l~ l~
y-~2Wa~00<U<~-O F- ? Z W =z p
~- < W ~ H m l °<W W
0 ~ VN~~ZZm~QU}~ ~ eZ~U Z Na~W ~~<WO
Er ~ ~ < ~ ~ J W ~ ~ e ~ m O 0O 3e< ~ y ~ ~ ~ ~ < ~ N ~ O m N
L ~W~W~2~JJ~~ <Q O N¢ ~ G~ a0 U hZW<~ I
r^ O ~¢~~Wa~ <a~e W ~W~ WZ ~ j~~Wm ~- ~}~j^=xW 1
~I' C~ ~ ~ ~~ZO~~~~W~OV z~<oWy UC > o <O~<U ~ `1 W OWO ~I
~-~ Wp., a Zr-z O~O x~'W ~W 2 O U W a~2< G tZo zN 1
\ C~ W~Wb~QZ ~ ~<m<~~~~OWF.z ~~~2~ pV1 m ZOa ~W~y~ W ~ W3~~W I
W ~ O Wtn O U y0~ W ~c5~ Wax ¢W Z jZ OWOZ< W T` SOV~~z 1
Z ~< ~m~W~~ W W~z?z~W~~a~~ W~~WU ,~~ W O ~°_ ~ v `~ o I
1~ W `~~ amy``~ ~ taro yWm ~W< WWU'~~~ Wo o ZY ~~Z$o ~z G uWiNm°~n ~
Zp ~W "'1W <O ~WO ~3 U m xv~ zZ < ~'~WZ 2 ^I K ~Wa 1
0 ~ ~ OW ~O~VI'~'~WW h ~ OWC~i~W x~Z2~ ~ ~ZW<~~ U ~O ~O a~ ~ ~~U~U IQ
e ~m 'W^~~_o~<oz ,~ vi ''at°~O~U«W ~~ o<~~-+ ~vi z ~`2`O~° ~_
Er 11~~ "~ hV 3W'~yWy~~W~W>j'~ p W ~ O W .~W~~i-SOVI <~~<~o ~ZW ~WSO apZW2 'Z ~ WWUZ~U 10
~1 ~ WW ~Wt WO30OO~Wm ~ ~ ~Z~ZOW~~W W=aa VI~2~Z~ U_oZ ~~O =a m °p ~ ~~«y
~ ~ ~o ~°i~, oom~"z~ z ai a<~~~~,~~~~ Job" ~Wa<~~ ??off a~vi ~o~~~ a~ o W~ J
O ~ N ~ Z~p~~ 41W ~ UUy -<.i~WU~2<my ~a< W 31riW Wz zWZ- ° ~ ~ 1~~U0a
L' `~ N~ `fW ON ~ '~y` z^Zaa Wln ylG~~ ~ ~?~~ cWi~y ~m~ Wk'~ > > I 00~~~Z'Z-W
[~ W 3 Om0^O~UW~~ m wl W W ~z ~ ~ QCO
fly' ~ ~ o ~ ^zo~ ZZm mo '~ ~ eZ~~mW~<~W~v°i~ •~'<'Z"<} zWZ o~m ~zU o mm 1 <°~'-z
O z ~ h ~U ~WZ ~ ~vIOWO W°2~WZ tiUVCj~m ~c~`i~2W ~~.< F-W~j~ ~p I r^ y °t~i0
'~' Cy m 3~°~ 2NZ< ~ z`-'~-~Z~z W~~°O 4i2 O< 3 z O 2 < ~ Wz I Vj ~W Z
E'. O OW pa 2Ut ~ V) ~<tn ~'=¢ -+WU <VI z~'rn°~ ~<O <t2 viz W x0 I tna~W< C
~ O V ~ s- ~°~'~Z°<a~~N w W~a`°m~~~~~c~ ~o<>oa c°i~cn ~ < aw~~OZ Wo 1 ~+ ~<~me o
O ~+ y, ~ ~W < < ¢ ~WW z W~
WV V<1~?Q~oOi-+ ~ ~ °~O~zW$UOC~ S ~°N Wvi2 °~~ W~S° ~O I ~- < m
fl, F, z ~ ~ o~ « ° ~'ZZao<c~ ZZ ~G W v>c~ m- z ~ ~h Ww m I 0 <~~~'~ `A`te, ~
ti < j.~ r'VWW~'.~W~~j O IZ%f~1~Ohl.\j '~WL~I~O~~ZU U~~W-z 2Wm <~~ W~~m DU I 1~ ~z < ,~V O
V A a Om ~N<OWW~y~ z " ON~W~=~~WWJW~< z<¢ US ¢~- ~ W ~ W J ~W ~ ~1 ~OZx~ ` V1
~' ~ 2Z W < W >> l~ W1~ a~3~ ~U W~ <C t~
U ZWZ~ W~~~"N'1~WW~~Z Q S)-Wa~Wx~y Wmvl~eQ fQ.l°WZ>~2_ ~tA< OHO ~WO~~ zW ~ OS°z0 • Q
}~ W O~ ~UC~"'j~3Ny~W } ~ ~4mjoWaUU~2WOWWW °m3y~~ ~2W WUN ~~W W ~< ~ ~ VjW~~
V < ~n v1~<zNI~"WP~Wm ~ ? ~W~y ~W~<Wt~ ~~O ~~O Zz 2mz WWO W m~< O~ ~ ~tn~2~ W
j ~~- ~~~<~tA0~~0~~ W zxWe~~~Na>W< z <W~Q OO¢ tA~U UO~~zy Zy I ~ W2~~Z ~~
t O~ < ~ ~ ~ W{A ~W ~-~~x°< ~~ Vvj Uzi W W ~ (AW < ~
U1 ~d ^~.~.~<WO = < ~-Z~Z m ~W a U ~ W< < ~~ <O~W I !r^ ~<W ~N
? ~~Z 44 aW W~~W~a ~ 3 cWi~~CS~eZW3tO~ O ~W ~" K G W W ~2~ W~'a~~ ZZy I vj W ~~~ WN
~ Z3 ZOO~~~O~WtAa U ~ WWyaU<N~W~~emQ ~3G~QQ mW~ WRY SZt/f Uln O° j _s >~ ~ ~N
O WOE 4WW-MOO~t~OWW Z w -W<~ WU~,°W~ <Z ~l~Stt,,~~Ua Q~W WOC ~W<U_W U_~ I O~~t~•W7- O
22~ ~WV~ ~ ~ ~ QN°WViOUZti~ mWW~ ~OV1>-O xUx 2U~ ~WQ~2 ~< O ~~L~IFF jZ
Z `f <~ m~yj02F. v10 < U aWZ~Z~<~_x~vZ~Z~C2 ~F.U<z~ NN~ ZZ y~ Z ~~ z ~~
< p W O1. Z ~~< ~ W°zU<aoa0<~ ~VWWtn~ W°? ~0? `iWNWO ~>- ~ W~~VO ~U
~ ~ZNZ ~U~~~~m~<T~ < O <~O ~SI<ifW~c~~UZZ mCU ~ 2x °vl ~
W ~O Ul/f 1nW Z~ ^~O~W ~ ~ ~WN~ZZ~~CaW2CWV010 y~~ft~~ WSW ~W~ =40~~' ~C l/1 °pQ~-~Y 41G
y(Oj ZWWOZ ~N~Oh a > O~WOW Jay~~t~2W~ d~~+Zi?3~ vvWiiQ~ uWi~2 2jW <2 ~2 ~ WzQ~~ OW
q ZZ W .<WUV1 WU
~<~ W~~<~02NQ~:h X ~ ~a ~00<OW~`220aWa y~Z~NO ~ZZ W~~ NW~yO~ ~Z S
~ ~~ mV1 V10~~<bcnz~- W ? to«a~a~~~iW«00 ~W~~QU ~~2 2 O < W-a0 O< O
t~U C~~K~Om U~ <
V'
N
N
W
w
H
ti
w
3
w
0
U
w
a
0
w
0
h
a
'~i ,~{
O
~z
W t~
ti
W~
~ O
U
O
~ ~
nH
"~
0
(~
d'
Oo
V
~1
W
r~_,
W
H W
a
C~C ~
C~
~''
a
~' ~
r~~~
V
x
W
a
~~
o~
y2
Q
my
~~
~~
O~
O
WQOOf ~
O ~
~'Wp ~
mZ^ Q
c~~"' ~
O M
J
~QQ y
U~3
CO~ to
N~o ~
3 z < `~
~~e z
s°H a
jN~ ~
~~~ ~~
OW Ga
~O~ 2N
~~Q m~
OZ~ ~W
u=iW~'W ~~
~N~ a~
O
~QO Qa
N ~ ~ O
i~o ~z
J
~ o
U O
U
owe ~Q
~~~ oe
WQU ~R1
~~Q ~~
O
O~-z7
Q
O W = O
mweo
-r Z ~ >
QeyiltU~
N O C5
t~j~~W
Q Q ~ W
~oo~
0
z v~ni ~- w
a Q N
1n U
2W~a
Q ~
~°W Oa
~~OU
Q=~Q
Gip?
~~Q~
~~oQ
W
Q W O W
~~CV
Q
O m ~ ~
N O ~
W ~'
Q?WQ
~~z~
UZWU
~Qh~
~~
~~
~°
Q
U
W~~
~?w
Wya
m W C9
zW~
~2~
WGm
Q
W
Quo
~~U
° z
QNj
~O(~i1
~z~
QUO
o~
~~~
VOd
vl O
Noa
2
Nym
`'~-~
Q
N ~
~UO
~~a
g~o°
~Q~
N
U ~ M
wS~
~~
^a
n
M
Wok
U m
K
Q
U U
~ z
J
U
Z O
°
~a
zQ
Qa
OJ
Q ~
o=
F- ~
~p
ma
~_
N U
h ~
~ f"
aQ
N W
2Q
~o
~~
~ 2
oQ
~~
U
W
W
w i
a
2 U
o~
.z
m~
U
N
~O V
O 2
a ~
O ?
a ~
a
W 0
m ,~
Q -~
m
i
W~
o e
r= m 3
U
Z ~O
O __
U N CS
~ h~
W~ ~ z
N pU
o ~~
~ 00
~i! Q J
Q ~Q
3 SvZ
ZO
I-
W Z_.
I/f ~ 0
Sao
2W^
O i- N
z°`~a
y~~
z~~
2~~
~e~
~V"
0
v
~u o
N
N
0
^
^
N
ON
20
~^
ao
~~
o~
(=A Q
Q
0
W
O~-OGp ~-b^rnaD
~I Of 1n O1 ~t ~"1Nh^Of 01
V^.~.~NOI ••^v~0
~I hh v1NMMOf ~'1~
JI
0000000000
]I Ohv1 ~1h00000
~ O'f000NhN00
OI O^M~'I~NN^^O
W ~i
JQ bap ~-bNNnNUD
NQ ~~ Nhtn OAF !7N ~!7!7
W ^OO~b^Wbh00
~OI Nan •r M •r h~-h~-O
~.
7d;r ~ ~ ~ ~
w .~ ~. ~ ~
.............
V
h
Q
Ci
a
S'~x N
~y$~a
~~as~
h
W
2
~_
W O
W O
b z
Q
W I,
o~
G ~
U ~
w O d
,~ N N
~ O O
N
W W
h
N
N
W
\ t~ j ~NONOag00biVhh
`
` ~ pp
UZI UUUUUUUUUU
N .22r
0
! `
/~y0~ ~~~ ~^
~~^
0
N ^
0
c°icno
N
N
~
lp~ ~•
Y1 G ~
~a°
i`~ Z ~
ca°z
0~~y \~~
~Q~ U U ~-
uWiva
WUa
a
3 .60,[!.10 N
~ N I . N N
L9'1Z
~ \ O!\~ II ,.
I
` _
N
Ox
~f
~
\
Of ,! ~p~ I
~ti
~ ~
"~pJ ~
'~'~~ ~~ ~ r~,, ~
'
~ ry~L 3 I
~ I ^ W I
I
~
xr ~
.~d.~ \ b 1 NIN Nlr
j
°
~/ x I v
,y 96 \ / /
' ~
Sy
\ \ '~ ~
~IN i 'n
~,
blN
iS 6 O!
f
O S /,\`T /
x ,~ !Y
1
n,9S i~
~ O `_ Z I ~ I
/ 'S / Ox
'~ ~
M / ~ \ ~
9~a ss ,/n w `L~/ X60 0~ / Sox \\ u
Y(
n u u w ~ xSOx // pG ~t~ /~;GJ ~~/ J`9 gyp! '~ ago I ~ ~ I
0 ® ~! O ~ s / ~ 'tVl ! Q~0 / xSOx z
_v ~J I a
~'^ S°x,r / / k ~0 ~p\GP yy~ / ,~ 9 °Ob! i o0' 00' I
~/ ! / /i~Q~' / rV ti yh-,ry'h- '+ I 3 N II ~ U " I
~+• wrl v
k 91,xSO!! // ! L~ ~O / ~ ! Fr V I O N ~ 2 I I ~ W
_ ~ / y S• p A~~ Z ~ ~ I ~ O
-_____ , Ox s. ~ ~ s, ~ ~/ 91+x!0! hry ~ ~'~1 IW ,`~~ yZ I O ~ I
/ OF ~ / / Sox ~_ k~k ~ I rx ~ O I o W O I
O /V /~ 2 ~` y ~ ~~I Z O II 3 2
~ V V / Ssr (i~'/ Z6'O! ^^ ~vJJi ro ~ I ~ 3 I
• / 3 „BS,fl.l0 N ~ ~1 0 ~ II N I
fL'9fZ ~ ~ M p
6S'98l
.r I I ZL'ZLt ~ F!
wo °' I I I ~~o ~ I v z v oW I
`F V=SO 2,~ I I Ip / 1 2~+~~ lf'6St•I M „BS,fl.l0 S I y2 W\ I ~ r;C3 I
N Jz o f I = ~ I -'zO~, I QZ p~ II Q am
~`~~~ ~°, I ~ I ~O Ip~ SI W I ~.o I I ~W~WV w z. o
c~i -+zW~ I ^1 ti I'nQ~a W I sU°w~ I ~ I ~ N? ~N vfo I ~ vo.re I
~'-3''^W^ I I I~~z~l ~ I ~iUW° ~ I .~ I .~ °~b~~U Oa IIO o NV1 ~,,,~ I
z~c'°o= I I Iwo°zl ~ I aQ''W ti I ~ vwi ~~ ° ° o7d~ln
ao 6'I~n~ I I I~m~~ ~ I W~m° I N~ I ~~yW °oz~° Q Uz~j$
VYtn~o~ I I IZ~~WI S I I zvz,o I w~~aa NOI13 v,~oa='
Z~~~GG I~~UR O I ~ GIN ~ W~O~~ II^ OW~ZjNWQ
~. ~ I WdZ ~tZ23Q IIN Ur=OW~
,.......-. .s ...
.......... ....:,.. .... .... ... .... ...: iii: ....... I NLj~ ZU,r2~ ~ ~bkWO I
~ - - - - - !z•zrsz ~ ~~a ~~°~a~ II~ N°3~~ I
N 3 „8S,f4l0 N - - - - _ 9l'ti_Zf! N
3 „BS,fI.lO N- ~ - - - 3 „BQfl.lO N u~
N
N
v-
N
N
Form No. 14
Subdivision Guarantee
Guarantee No.: 4299-839656
GUARANTEE
Issued by
First American Title Insurance Company
Bel/ Towne Centre, 4200 6th Avenue SE, Ste Z01, Lacey, WA
98503
Title Officer.• Mitch Miller
Phone: (360)491-2441
FAX.• (866)343-5409
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
Guarantee No.: 4299-839656
Page No.: 1
w s , ~ "' ~ A , ~ First American Tit/e Insurance Company
~. * a ~ ~ Bell Towne Centre 4200 6th Avenue SE, Ste 201
.+ Lacey, WA 98503
Irst A~errcan Phn - (360)491-2441
~~~ /!!~ Fax - (866)343-5409
- _.,.
Title Team (Thurston)
Phone No. (360) 491-2441
Fax No. (360) 455-5183
Mitch Miller William Tiglao
msmiller@firstam.com btiglao@firstam.com
SUBDIVISION GUARANTEE
LIABILITY $ 1,000.00
ORDER NO.:
4299-839656
FEE $ 350.00 TAX $ 29.40 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.
GUARANTEES
Mustang Development LLC, a Washington Limited Liability Company
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: June 02, 2006 at 7:30 A.M.
First American Tit/e
Form No. 14
Subdivision Guarantee (4-10-75)
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.: 4299-839656
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.
Water rights, claims or title to water.
3. Tax Deeds to the State of Washington.
4. Documents pertaining to mineral estates.
DESCRIPTION:
That part of the Northwest One-Quarter of the Southeast One-Quarter of Section 24, Township
17 North, Range 1 East, W.M., described as follows:
Beginning at a point 1314.51 feet North and 1527.04 feet West of the Southeast corner of said
Section 24, said point being the most Southerly Southeast corner of 1.75 acre tract conveyed to
Jennie Little by deed dated December 16, 1919 and recorded in Volume 100 of deeds, Page 16;
running North 37°56' East 243.32 feet and North 52°04' West 439 feet, more or less, to the
Easterly line of tract conveyed to James L. Sample and wife by deed dated December 16, 1959
and recorded under File No. 620827; thence South 1°04'20" East along said Easterly line of
Sample Tract 450 feet to its Southeast corner; thence North 89°11'05" East 40 feet, more or less,
and North 89°06'52" East 141.15 feet to the point of beginning;
Except road along Southerly and Southeasterly boundaries.
In Thurston County, Washington.
APN: 21724420700
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
RECORD MATTERS:
Guarantee No.: 4299-839656
Page No.: 3
1. General Taxes for the year 2006. The first half becomes delinquent after April 30th. The second
half becomes delinquent after Octo ber 31st.
Tax Account No.: 21724420700
1st Half
Amount Billed: $ 986.76
Amount Paid: $ 986.76
Amount Due: $ 0.00
Assessed Land Value: $ 67,800.00
Assessed Improvement Value: $ 94,600.00
2nd Half
Amount Billed: $ 986.77
Amount Paid: $ 0.00
Amount Due: $ 986.77
Assessed Land Value: $ 67,800.00
Assessed Improvement Value: $ 94,600.00
2. The instrument recorded under Recording Nos. 3741588 and 3814721 under which title is vested,
contains a defective legal description and should be re-recorded to reflect the legal description as
described in Schedule A herein.
3. Easement, including terms and provisions contained therein:
Recording Information: 1070914
In Favor of: Puget Sound Energy, Inc., a Washington Corporation
For: Electric transmission and/or distribution system
4. The terms and provisions contained in the document entitled "Ordinance No. 468"
Recorded: October 19, 1993
Recording No.: 9310190342
5. Easement, including terms and provisions contained therein:
Recording Information: 3815360
In Favor of: Puget Sound Energy, Inc., a Washington Corporation
For: Transmission, distribution and sale of electricity
6. Matters which may be determined upon examination of the final plat.
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.
First American Title
Form No. 14
Subdivision Guarantee (4-10-75)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Guarantee No.: 4299-839656
Page No.: 4
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessments on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do no[ result in the invalidity or potential invalidity of any judicial or non-judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effect or priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvements affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shali be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other ad which in its opinion may be necessary or desirable to establish the title
to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise its rights under this paragraph, it shall
do so diligently.
(b) If the Company elects to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall not
be liable for and will not pay the fees of any other counsel, nor will the Company pay
any fees, costs or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in its sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option, the
name of such Assured for this purpose. Whenever requested by the Company, an
Assured, at the Company's expense, shall give the Company all reasonable aid in any
action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the Ilen rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's obligations
to the Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate. In
addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a date before or
after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Loss or Damage. All information designated as confidential by the Assured provided
to the Company, pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
First American Title
Form No. 14
Subdivision Guarantee (4-SO-75)
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall
have the option to purchase the indebtedness secured by said mortgage or said lien
for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contrail of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the
time the loss or damage Assured against by this Guarantee occurs, together with
interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
Guarantee No.: 4299-839656
Page No.: 5
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or property in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these righLS or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of colleilion.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contrail.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15195)
First American Title
MUSTANG DEVELOPMENT, LLC
7822 OLD HWY 99 SE
Olympia, Washington 98501
360-754-7200
June 29, 2006
City of Yelm
PO Box 479
Yelm, WA 98597
RE: Burnett Estates
City of Yelm Project No. SUB-OS-0257-YL
We hereby agree to create an assignment account of $1500.00, 20% of the cost, to guarantee the
maintenance and growth of the street trees, to meet City of Yelm landscaping standards for
subdivision development, on City of Yelm Project: No. SUB-OS-0257-YL, Golf Course View
Estates, for a period of 3 years.
Sincerely,
-~
1~ as Bloom
nager
~~°f T~ CITY OF --- -
YELM
P.O. Box 479 -~.
Yelm, WA 98597
360-458-8403
RECEIVEih*"ONE THOUSAND FIVE HUNDRED DOLLARS & 00 CENTS
RECEIVED FROM
RAINIER !'EXERAL DEVELOPMENT
P.O. BOZ 627
RAIIiZER KA 98576
DATE REC. NO. AMOUNT
07/05/06 42617 1.500.00 CHECK
REF. NO.
35401
RECEIPT No. 4 2 617
BUDGETARY
MICHELLE
~I 35401
~; RAINIER GENERAL DEVELOPMENT, INC. ~I
h P.O. BOX 627 PH. (360j 446-3083 ~~'
1 RAINIER, WA 98576
DATE ~•~ ~' ~% -~• ~ sa-aso-i2si
i
~ l
_ / rc-
PAORDOER CF ~~~ `~ ~% ( ~ $ ~~C~~ ~ p,
~ , LJ
_ L,,-t. _. /ham .. : ~ Cc'C ~~ti~/mar ~ l C;~ DOLLARS -
m
South ndBanl~,.,..~ _ ---- - - ~,
aMO. w~ seeoa ~, im-.ago ~ / _ -- ~ - r7
11'03540 L11' ~: ~ 25108609:0 15000 La
~,
D EACH A!~^ RETAIN THIS STATEMENT
RAINIER GENERAL DEVELOPMENT, INC. iF`_°-?ncF~c ',.+ECK n N PAYMENT of .r=_vs oESCF~ee r. eg'_o'.v
1 - ,4('+~i ~ PLLAJE Nn-'~~Y Ui PHfj f.+P'LV NfJ AEC['Pi UE~•IF E:J
J~tL%DELU7(E BUSINESS FORMS S~B00-328.0304 www.OsKUe/ortm.can
DELUXE -FORM DVCB-2 V-6
DATE I DESCRIPTION I L DISTR18UTIONS
AMOUNT
ACCT. N0 Ab+OUNT
~J
i
EMPLOYEE
EARNINGS DEGUCTIONS
PERIOD TOTAL
TJTAI
ENDING NOURS RATE EARNED AT OVERT:NE
' EARNINGS F C,a wITNNOLO~NG ST~TE NET PAY
ANO C
~ER
REGULAR RA-_ . C.S. "~C. TAX 'NCCME TA+ DEDUCTIONS
~ ~
' I
v~
After recording return to:
Yelm Community Schools District No. 2
P. O. Box 476
Yelm, WA 98597
Attn: Erling M. Birkland
MITIGATION AGREEMENT
Reference No: SUB-OS-0257-YL
Grantor: 1. Rainier General Development, Inc.
Po Box 627
Rainier, WA 98576
Grantee: 1. Yelm Community Schools Dist. 2
Legal Description: Sec. 24, T.17N, R. lE, 13218 Longmire Street SE
Assessor's Property Tax Parcel Number/Account Number: 21724420700
THIS MITIGATION AGREEMENT ("Agreement") is made this+c• of_~ LI>> 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 10
lot subdivision, Golf Course View 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.
IIIIII IIIII IIIIII II Page 219of 4
IIIIIIIIIIIIIIIIIIIIII iD!
IIIII Ilii IIII 12/2005 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 Twenty-
One Thousand Four Hundred Dollars and no/100 ($21,400.00) (the "Mitigation Payment") for the 10 lots
of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragraph 4
below.
3. Any extension, renewal, modification or amendment to the Project that results in an
adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation
Payment.
4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of
Two Thousand One Hundred Forty Dollars and no/100 ($2,140.00) per dwelling unit or Twenty-One
Thousand Four Hundred Dollars and no/100 ($21,400.00)) for the project, shall be a condition of
building permit issuance for each single family dwelling in the project. If building permit issuance does
not occur within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated
in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation
agreement to which the District is a party. A copy of such agreement shall be made available to
Developer upon request.
5. The District agrees to record this Agreement after it has been executed by the parties.
6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be
used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie
Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond
Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may
be affected by the Project and/or the purchase of portable facilities and/or school buses.
7. The Developer agrees that the District has five (5) years from the payment date to spend
the Mitigation Payment for the capital improvements or expenditures described in paragraph 6. In the
event that the Mitigation Payment is not expended within those five years, the moneys will be refunded
with interest at the rate applied to judgments to the property owners of record at the time of refund;
however, if the Mitigation Payment is not expended within five years due to delay which is attributable
to the Developer, the Payment shall be refunded without interest.
8. The Developer waives and relinquishes its right to protest or challenge the payment of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever
refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or
challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds,
performance or improvements provided for therein, or any of its terms and conditions, on any ground or
basis whatsoever.
9. The District hereby waives any objection to the Project as presently proposed.
10. The District and the Developer agree that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently proposed on the District.
III III VIII IIII IIII 1A0fy12/'L2005 02446P
II 111111 IIII 1111111 IIII III
IIIIIIiII
YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
11. This Agreement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors, and assigns of both of the Developer and the District.
12. If an action must be brought to enforce the terms of this Agreement, such action shall be
brought in Thurston County Superior Court. The prevailing party shall be entitled to payment of its costs
and reasonable attorneys' fees.
13. This Agreement constitutes the entire agreement between the parties and any other
agreement either written or oral shall be null and void.
EXHIBIT A
LEGAL DESCRIPTION
General Location: Solberg Road SE
Section 12 Township 16 Range 1 E
Land Area: 25 acres
Tax Parcel Number: 21612320100
YELM COMMUNITY SCHOOLS DISTRICT NO.2 ~ n
r ~ ~~ ~ 1~..~ u~~
)ATEI:
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. ''' A
GNEN under my hand and official seal this I l~~ day of , 2005
m and or the State of
~,,.~~``~"""r-- Was gton, residing at
_~` S.E. Sq~~ -~~~ My Commission Expires: 1~-IGj -D~
~,I
u
P~ a _.
4~ .. ., a.1 . y .:
'~......•• P -
M. BriwC .,~ ~ _~
IIIIII IIIII IIIIII 1111 III I Pag 5239of 4
I II IIII IIIIII III IIIii l 10!12/2005 02 46P
1111111
YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
~.,
DATED: , c; -~ c~ "- ~ 7: ~ ~~~--~ ~ j ~'`
By: - -oug Bloom, Rainie eneral Dev.
Its:/' Developer
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
I certify that I know or have satisfactory evidence that~ou~r.,~s ~~~ua,m is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
GNEN under my hand and official seal this /D'~ day of ~°;~~r.~o ,~~r- , 2005
~i,~tii 1N I MidB~s,
~`` 'rx ••'SioN ''• ;c°,Q'~ ARY PUBLIC m and for the State of
~~•~~~ ~TgR~"ro : ~ ~ Washington, residing at G E.
~ N -' y
o ~.~ m; My Commission Expires: ~ f-/~-~~~
~~.v ~.Z=
o°
~ ••~y74,?•' C?r,~
ii
II (II~II III VIII IIII III PO' g2 /22005 02446P
111111 VIII 111111 illl 1111111 II
YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa.
WATER WELL REPORT
„I Onginal & 1" copy -Ecology, 2"~ copy- owner, 3'~ copy -driller
E~C~O~L~50~f ~Y
Construction/Decommission (°s" in circle)
^ Construction
Q Decommission ORIGIArAL INSTALLATION Notice
of Intent Number
CURRENT
Notice of Intent No. A71179
Unique Ecology Well ID Tag No. N/A
Water Right Permit No. EXEMPT WELL
Property Owner Name RAINIER GENERALDEVELOPMENT
Well Street Address 15218 SE LONGMIRE STREET
PROPOSED USE: m Domestic ^ lndustria] ^ Municipal
^ DeWater ^ lmgation ^ Test Well ^ Other Ci~, YELM COUnty THURSTON
lE s
24
171`
^~
X
SE
TYPE OF W ORI~: Owner's number of well (if more than one)
^ New well ^ Reconditioned d4ethocl: ^ Dug ^ Bored ^ Driven
^ Deepened ^ Cable m Rotary ^ ]etted ~
Location
1/4-1/4
1/4 Sec
Twn
R
e;rele
WWM ~ one
Lat/Long (s, t, r Lat Deg Lat Mln/SeC
DIMENSIONS: Diameter of well 6 inches, drilled fr.
Depth of completed well 51 ft. Stlll REQUIRED) Long Deg Long 1VI11]~SeC
CONSTRUCTION DETAILS
Casing ^ Welded Diam. from fr. to fr. Tax Parcel No. 21724420700
Installed: Liner installed Diam. from ft. to ft.
Threaded Diam. from ft. to ft. CONSTRUCTION OR DECOMMISSION PROCEDURE
Perforations: ^ Yes ^No
Type of perforator used Formation: Describe by color, character, size of material and structure, and the kind and
nature of the material in each stratum penetrated, with at least one entry for each change of
information. (USE ADDITIONAL SHEETS IF NECESSARY.)
SIZE of perfs in. by in. and no. of perfs_from _ ft. to _ft. MATERIAL FROM TO
Screens: ^ Yes ^ No ^ K-Pac Location DECOMMISSIONEDINAOCORDANCE WITH
Manufacturer's Name WAC 173-160-381
Type Model No.
Diam
Slot size from ft
to ft SECTION I -SUBSECTION B
.
.
.
Diem. Slot size from ft. to ft.
Gravel/Filter packed: Yes ^ No ^ Size of gravellsand
Materials placed from ft. to ft.
Surface Seal: QYes ^No To what depth? ft.
Material used in seal
Did any strata contain unusable water? ^ Yes ^ No
Type of water? Depth of strata
Method of sealing strata off
PUMP: Manufacturer's Name
Type: H.P.
WATER LEVELS: Land-surface elevation above mean sea level ft.
Static level 46 ft. below top of well Date 10/12/05
Artesian presstue lbs. per square inch Date
Artesian water is controlled by
valve
(ca
etc
)
.
.
.
WELL TESTS: Drawdown i
t wat
r l
v
w
w
tic lev
l
l i
l
d b
l
t
s amoun
e
e
e
s
o
ere
e
o
s
a
e
Was a pump test made? ^ Yes ^ No If yes
by whom?
,
Yield: gal./min. with ft. drawdown afrer hrs.
Yield: gal./min. with ft. drawdown afrer hrs.
Yield: sal./min. with fr. drawdown afrer hrs.
Recovery data (rime taken as zero when pomp nrrned aft (water level measured from well
lop to water level)
Time Water Level Time Water Level Time Water Level
i Date of test
it Bailer test gal.lmin. with fr, drawdown afrer hrs.
Airtest gal./min, with stem set at fr. for hrs.
Artesian flow g.p.m. Date
i Temperature of water Was a chemical analysis made? ^ Yes ^ No
Start Date 10/12/05 Complete d Date 10/12 /05
WELL CONSTRUCTION CERTIFICATION: I constructed and/or accept responsibility for construction of this well, and its compliance with all
Washington well construction standards. Materials used and the information reported above are true to my best knowledge and belief.
^ Driller ^ Engineer ^ Trainee Name (Print) BRANDON HICKS Drilling Company ARCADIA DRILLINGINC.
e
Driller/Engineer/Trainee Signature ~i~.~ Address PO BOX 1790
Driller or trainee License No. 2785 City, State, Zip SHELTON WA 98584
If TRAINEE,
Driller's Licensed No.
Driller's Signature
Date ] 0/17/05
Ecolog}' is an Equal Opportunity Employer.
Contractor's
Registration No. ARCADDI098K1
ECY050-1-20 (Rev3/OS) The Department of Ecology does NOT warranty the Data and/or Information on this Well Report.
DEC-13-2005 09:30 FROt1:FULL MOOFd SANITATION 360 264 4641 T0: 13604462972 P.1
i
i
~-.~ - _ _
. - 9151
y~o ~ [_, ~ - ~ U
~/
Sanltatlon, Irrc.
• .r~ure cd• a6at :~,~e~~u~.f
Septic Tank Pumping
((11 Strvil~g 1'hnrst~>n; Lewis & Pierce Counties
Dote: I f ~- 1 - ~ Tech_ nl~tarr;
L.~~cn.cd [!nn(IeA Imu~eil
FI'I LMMti~T77:vi9 OMT MO(1713
44.9 Wickman St. S.
Tenin~, WA 985R9 - f36U} 2(4-4644
plympia (360) 943-1722
Centralia (36U) 73G-2033
a
Name ~'~~~~ ~~-„~~.~
Address ~C~ ~;~ fnZ~
City .. ~_ ST L~ Zip ~7~_
-NamE ~~ ~.IA~t ~
-~ r
Address t~ 1 3Z LniGl~~et+f''~-~'~ .=`~--
City ~~ . l ST S~J~ ZiP ~~ 7
Phone #
Sep[ic Tnnk.~~Gnllons_~..^Gomp 1'
j~ E'anCretc ^ PIflStic ^ Risers
/Yusip-Cl~bu~_<;-G•~It~n~ ^,.,...,,C`_,~,nc:rcJi. P~:..,ic•..QRiscrs
INLET BAFFLE C~JTLET BAFFLE-
Intacrt Yes / Na ^ Intact ^ Corroded , crccncd
__ i
",•er Levels Nn~nial• Yes / Norte--*•~• "
`~' STEM' TYPE~~
O Grnvit}t Pressure d Mnuntl- 0 Salid Fiitr.r ^ Uther
Next. Service l~ue / ! Fteaich Letter Ye's / No
~BcpticTu'mp
Amt.-~_
Systrtn Insp. Arnt.
Ixamp Chamncv -Amc.
Service:Cali . AmL
____, l)ncoverlCovcr
- Itepalrs
~~~ .
Con'tmcnts: - ~ V ~1P ~'-COQ. - ~~'Al~: bVL IM~.~Y~.
CFi,FCKA O cASN ~p C[•[G _ 0 BSCI[Ow a CitBDt?.CARD M
t:XP ! 7
Il"
Signature Date
ACCOITNT 3U DAYS; St18J.13CT TU 1:8'fn C~G/eER MO.
i,~ ~ 4~35.A(i CHA•Rf.£ EflR ALt ft€Tt~tiNCi3Cf1iF.C{Eti.
CUSTOMERS ARE RESPONSIBLE EUR A[,t_AE'Yt.ICABY.E COLLEC•i'IUN hEES
_ ~~~
- -~
77 ! Z
Aalt.
~j~j n
Dlscou[~ 1~1 ~~~~
Cub Tot;it ~`~. -~
Tax
TOTAI. ~ r ~' `d~
MUSTANG DEVELOPMENT, LLC
7822 OLD HWY 99 SE
Olympia, Washington 98501
360-754-7200
June 29, 2006
City of Yelm
PO Box 479
Yelm, WA 98597
Attn: Tami Merriman
Re: Golf Course View Estates SUB-OS-0257-YL
Summary of Conditions
Tami,
We have met the Conditions of Approval as follows:
1) Acknowledged
2) At time of building permit
3) Completed
4) Completed
5) Completed
6) At time of building permit
7) Completed
8) Completed
9) At time of building permit
10) Completed
11) Completed
12) Completed
13) Completed
14) Submitted
15) Completed
16) Completed
17) Done per approved agreement
If you have any questions please give me a call.
Sincerely,
~-- ~
uglas R. Bloom
Manager
Form No. 14
Subdivision Guarantee
Guarantee No.: 4299-839656
GUARANTEE
Issued by
First American Tit/e Insurance Company
Be// Towne Centre, 4200 6th A venue SE, Ste 201, Lacey, WA
98503
Tit/e Ohicer.• Mitch Mi//er
Phone: (360)491 2441
FAX.• (866)343-5409
Fi~stAme~ican Title
Form No. 14
Subdivision Guarantee (4-SO-75)
SCHEDULE OF EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE
Guarantee No.: 4299-839656
Page No.: 4
1. Except to the extent that specific assurance are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the following:
(a) Defects, liens, encumbrances, adverse claims or other matters against the title, whether or not shown by the public records.
(b) (1) Taxes or assessments of any taxing authority that levies taxes or assessmentr on real property; or, (2) Proceedings by a public agency which may result in taxes
or assessments, or notices of such proceedings, whether or not the matters excluded under (1) or (2) are shown by the records of the taxing authority or by the public
records.
(c) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rightr, claims or title to water, whether
or not the matters excluded under (1), (2) or (3) are shown by the public records.
2. Notwithstanding any specific assurances which are provided in Schedule A of this Guarantee, the Company assumes no liability for loss or damage by reason of the
following:
(a) Defects, liens, encumbrances, adverse claims or other matters affecting the title to any property beyond the lines of the land expressly described in the description set
forth in Schedule (A), (C) or in Part 2 of this Guarantee, or title to streetr, roads, avenues, lanes, ways or waterways to which such land abuts, or the right to maintain therein
vaults, tunnels, ramps, or any structure or improvements; or any rights or easements therein, unless such property, rights or easements are expressly and specifically set forth
in said description.
(b) Defects, liens, encumbrances, adverse claims or other matters, whether or not shown by the public records; (1) which are created, suffered, assumed or agreed to by
one or more of the Assureds; (2) which result in no loss to the Assured; or (3) which do not result in the invalidity or potential invalidity of any judicial or non-judicial
proceeding which is within the scope and purpose of the assurances provided.
(c) The identity of any party shown or referred to in Schedule A.
(d) The validity, legal effector priority of any matter shown or referred to in this Guarantee.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms.
The following terms when used in the Guarantee mean:
(a) the "Assured": the party or parties named as the Assured in this Guarantee, or
on a supplemental writing executed by the Company.
(b) "land": the land described or referred to in Schedule (A) (C) or in Part 2, and
improvementr affixed thereto which by law constitute real property. The term "land"
does not include any property beyond the lines of the area described or referred to in
Schedule (A) (C) or in Part 2, nor any right, title, interest, estate or easement in
abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage": mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" records established under state statutes at Date of
Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date": the effective date.
2. Notice of Claim to be Given by Assured Claimant.
An Assured shall notify the Company promptly in writing in case knowledge shall
come to an Assured hereunder of any claim of title or interest which is adverse to the
title to the estate or interest, as stated herein, and which might cause loss or damage
for which the Company may be liable by virtue of this Guarantee. If prompt notice
shall not be given to the Company, then all liability of the Company shall terminate
with regard to the matter or matters for which prompt notice is required; provided,
however, that failure to notify the Company shall in no case prejudice the rightr of
any Assured under this Guarantee unless the Company shall be prejudiced by the
failure and then only to the extent of the prejudice.
3. No Duty to Defend or Prosecute.
The Company shall have no duty to defend or prosecute any action or proceeding to
which the Assured is a party, notwithstanding the nature of any allegation in such
action or proceeding.
4. Company's Option to Defend or Prosecute Actions; Duty of Assured
Claimant to Cooperate.
Even though the Company has no duty to defend or prosecute as set forth in
Paragraph 3 above:
(a) The Company shall have the right, at its sole option and cost, to institute and
prosecute any action or proceeding, interpose a defense, as limited in (b), or to do
any other act which in its opinion may be necessary or desirable to establish the title
to the estate or interest as stated herein, or to establish the lien rights of the
Assured, or to prevent or reduce loss or damage to the Assured. The Company may
take any appropriate action under the terms of this Guarantee, whether or not it shall
be liable hereunder, and shall not thereby concede liability or waive any provision of
this Guarantee. If the Company shall exercise itr rights under this paragraph, it shall
do so diligently.
(b) If the Company electr to exercise its options as stated in Paragraph 4(a) the
Company shall have the right to select counsel of its choice (subject to the right of
such Assured to object for reasonable cause) to represent the Assured and shall not
be liable for and will not pay the fees of any other counsel, nor will the Company pay
any fees, costr or expenses incurred by an Assured in the defense of those causes of
action which allege matters not covered by this Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense
as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly
reserves the right, in itr sole discretion, to appeal from an adverse judgment or order.
(d) In all cases where this Guarantee permits the Company to prosecute or
provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or
proceeding, and all appeals therein, and permit the Company to use, at its option, the
name of such Assured for this purpose. Whenever requested by the Company, an
Assured, at the Company's expense, shall give the Company all reasonable aid in any
action or proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or lawful act which in the opinion of the Company may be
necessary or desirable to establish the title to the estate or interest as stated herein,
or to establish the lien rights of the Assured. If the Company is prejudiced by the
failure of the Assured to furnish the required cooperation, the Company's obligations
to the Assured under the Guarantee shall terminate.
5. Proof of Loss or Damage.
In addition to and after the notices required under Section 2 of these Conditions and
Stipulations have been provided to the Company, a proof of loss or damage signed
and sworn to by the Assured shall be furnished to the Company within ninety (90)
days after the Assured shall ascertain the facts giving rise to the loss or damage. The
proof of loss or damage shall describe the matters covered by this Guarantee which
constitute the basis of loss or damage and shall state, to the extent possible, the
basis of calculating the amount of the loss or damage. If the Company is prejudiced
by the failure of the Assured to provide the required proof of loss or damage, the
Company's obligation to such Assured under the Guarantee shall terminate. In
addition, the Assured may reasonably be required to submit to examination under
oath by any authorized representative of the Company and shall produce for
examination, inspection and copying, at such reasonable times and places as may be
designated by any authorized representative of the Company, all records, books,
ledgers, checks, correspondence and memoranda, whether bearing a date before or
after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant
its permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and
memoranda in the custody or control of a third party, which reasonably pertain to the
Loss or Damage. All information designated as confidential by the Assured provided
to the Company, pursuant to this Section shall not be disclosed to others unless, in
the reasonable judgment of the Company, it is necessary in the administration of the
claim. Failure of the Assured to submit for examination under oath, produce other
reasonably requested information or grant permission to secure reasonably necessary
information from third parties as required in the above paragraph, unless prohibited
by law or governmental regulation, shall terminate any liability of the Company under
this Guarantee to the Assured for that claim.
Form No. 1282 (Rev. 12/15/95)
Fi~stAme~ican Title
Form No. 14
Subdivision Guarantee (4-10-75)
6. Options to Pay or Otherwise Settle Claims: Termination of Liability.
In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the
Indebtedness.
The Company shall have the option to pay or settle or compromise for or in the name
of the Assured any claim which could result in loss to the Assured within the coverage
of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is
issued for the benefit of a holder of a mortgage or a lienholder, the Company shall
have the option to purchase the indebtedness secured by said mortgage or said lien
for the amount owing thereon, together with any costs, reasonable attorneys' fees and
expenses incurred by the Assured claimant which were authorized by the Company up
to the time of purchase.
Such purchase, payment or tender of payment of the full amount of the Guarantee
shall terminate all liability of the Company hereunder. In the event after notice of
claim has been given to the Company by the Assured the Company offers to purchase
said indebtedness, the owner of such indebtedness shall transfer and assign said
indebtedness, together with any collateral security, to the Company upon payment of
the purchase price.
Upon the exercise by the Company of the option provided for in Paragraph (a) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4, and the Guarantee
shall be surrendered to the Company for cancellation.
(b) To Pay or Otherwise Settle With Parties Other Than the Assured or With the
Assured Claimant.
To pay or otherwise settle with other parties for or in the name of an Assured claimant
any claim Assured against under this Guarantee, together with any costs, attorneys'
fees and expenses incurred by the Assured claimant which were authorized by the
Company up to the time of payment and which the Company is obligated to pay.
Upon the exercise by the Company of the option provided for in Paragraph (b) the
Company's obligation to the Assured under this Guarantee for the claimed loss or
damage, other than to make the payment required in that paragraph, shall terminate,
including any obligation to continue the defense or prosecution of any litigation for
which the Company has exercised its options under Paragraph 4.
7. Determination and Extent of Liability.
This Guarantee is a contract of Indemnity against actual monetary loss or damage
sustained or incurred by the Assured claimant who has suffered loss or damage by
reason of reliance upon the assurances set forth in this Guarantee and only to the
extent herein described, and subject to the Exclusions From Coverage of This
Guarantee.
The Liability of the Company under this Guarantee to the Assured shall not exceed the
least of:
(a) the amount of liability stated in Schedule A or in Part 2;
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an
Assured mortgagee, as limited or provided under Section 6 of these Conditions and
Stipulations or as reduced under Section 9 of these Conditions and Stipulations, at the
time the loss or damage Assured against by this Guarantee occurs, together with
interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as
stated herein and the value of the estate or interest subject to any defect, lien or
encumbrance Assured against by this Guarantee.
8. Limitation of Liability.
(a) If the Company establishes the title, or removes the alleged defect, lien or
encumbrance, or cures any other matter Assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of
any appeals therefrom, it shall have fully performed its obligations with respect to that
matter and shall not be liable for any loss or damage caused thereby.
(b) In the event of any litigation by the Company or with the Company's consent,
the Company shall have no liability for loss or damage until there has been a final
determination by a court of competent jurisdiction, and disposition of all appeals
therefrom, adverse to the title, as stated herein.
Guarantee No.: 4299-839656
Page No.: 5
(c) The Company shall not be liable for loss or damage to any Assured for liability
voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company.
9. Reduction of Liability or Termination of Liability.
All payments under this Guarantee, except payments made for costs, attorneys' fees
and expenses pursuant to Paragraph 4 shall reduce the amount of liability pro tanto.
10. Payment of Loss.
(a) No payment shall be made without producing this Guarantee for endorsement
of the payment unless the Guarantee has been lost or destroyed, in which case proof
of loss or destruction shall be furnished to the satisfaction of the Company.
(b) When liability and the extent of loss or damage has been definitely fixed in
accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
11. Subrogation Upon Payment or Settlement.
Whenever the Company shall have settled and paid a claim under this Guarantee, all
right of subrogation shall vest in the Company unaffected by any act of the Assured
claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which
the Assured would have had against any person or properly in respect to the claim had
this Guarantee not been issued. If requested by the Company, the Assured shall
transfer to the Company all rights and remedies against any person or property
necessary in order to perfect this right of subrogation. The Assured shall permit the
Company to sue, compromise or settle in the name of the Assured and to use the
name of the Assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the
Company shall be subrogated to all rights and remedies of the Assured after the
Assured shall have recovered its principal, interest, and costs of collection.
12. Arbitration.
Unless prohibited by applicable law, either the Company or the Assured may demand
arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration
Association. Arbitrable matters may include, but are not limited to, any controversy or
claim between the Company and the Assured arising out of or relating to this
Guarantee, any service of the Company in connection with its issuance or the breach
of a Guarantee provision or other obligation. All arbitrable matters when the Amount
of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company
or the Assured. All arbitrable matters when the amount of liability is in excess of
$1,000,000 shall be arbitrated only when agreed to by both the Company and the
Assured. The Rules in effect at Date of Guarantee shall be binding upon the parties.
The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party. Judgment upon
the award rendered by the Arbitrator(s) may be entered in any court having
jurisdiction thereof.
The law of the situs of the land shall apply to an arbitration under the Title Insurance
Arbitration Rules.
A copy of the Rules may be obtained from the Company upon request.
13. Liability Limited to This Guarantee; Guarantee Entire Contract.
(a) This Guarantee together with all endorsements, if any, attached hereto by the
Company is the entire Guarantee and contract between the Assured and the
Company. In interpreting any provision of this Guarantee, this Guarantee shall be
construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action
asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a
writing endorsed hereon or attached hereto signed by either the President, a Vice
President, the Secretary, an Assistant Secretary, or validating officer or authorized
signatory of the Company.
14. Notices, Where Sent.
All notices required to be given the Company and any statement in writing required to
be furnished the Company shall include the number of this Guarantee and shall be
addressed to the Company at 2 First American Way. Bldg. 2, Santa Ana, CA. 92707.
Form No. 1282 (Rev. 12/15/95)
FirstAmerican Title