Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Final Plat Application Packet
Transmittal Letter To: Dennis Baker Company: Geomatics Land Surveyin~ Address: PO Box 2550 City, St Zip: Yelm, WA 98597 Date: October 12, 2006 Re: Vista Green File No: SUB-OS-0343-YL Name: Landshapes NW Items transmitted for: ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find the Application, Title Report, Lot Closures (2 sets), and 2 Full Size Plat maps for Case Number SUB-OS-0343-YL, Vista Green, fora 191ot single family subdivision on 4.7 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before October 26, 2006. Remarks: Signed: Nisha Box Community Development Assistant Planner Transmittal Letter To: Assessor's Office Company: Thurston County Date: October 12, 2006 Re: Vista Green Address: 2000 Lakerid~e Drive SW, Bldg. 1 File No: SUB-OS-0343-YL City, St Zip: Olympia, WA 98502 Items transmitted for: ® Review and comment ^ As Requested Name: Landshapes NW ^ For your records ^ Other Enclosed please find the Application, Title Report, Lot Closures, and Full Size Plat map for Case Number SUB-OS-0343-YL, Vista Green, fora 19 lot single family subdivision on 4.7 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before October 26, 2006. Remarks: Signed: Nisha Box Community Development Assistant Planner Yelm 105 Yelm Avenue West P. D. Box 479 Yelm, Washington 98597 (360) 458-3244 Transmittal Letter To: Interested Parties Company: Address: City, St Zip Items transmitted for: ® Review and comment ^ As Requested Date: October 12, 2006 Re: Vista Green File No: SUB-OS-0343-YL Name: Landshapes NW ^ For your records ^ Other Enclosed please find project information for Case Number SUB-OS-0343-YL, (Vista Green), for a 19 lot subdivision on 4.7 acres. Please review and submit comments to the City of Yelm, Community Development Department, on or before October 26, 2006. Remarks: Signed: Nisha Box Community Development Assistant Planner The City of Yelm is an Equal Opportunity Provider YELM CHAMBER OF COMMERCE YELM POST OFFICE Dennis Baker PO BOX 444 POSTMASTER Geomatics Land Surveying PO Box 2550 YELM WA 98597 Yelm, WA 98597 SHELLY BADGER CITY OF YELM PO BOX 479 YELM WA 97597 GRANT BECK CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 KEN BECKMAN YCOM NETWORKS PO BOX 593 YELM WA 98597 ERLING BIRKLAND YELM COMMUNITY SCHOOLS PO BOX 476 YELM WA 98597 JIM GIBBON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 TAMI MERRIMAN CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 SARAH SCHAMME LEMAY, INC. (or Dick Rehn) 13502 PACIFIC AVENUE TACOMA WA 984440459 AMY TOUSLEY PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 NISHA BOX CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 97597 CHIEF RITA HUTCHESON THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 LYNN PEARL THURSTON CO ASSESSOR'S OFC 2000 LAKERIDGE DRIVE SW BLDG 1 OLYMPIA WA 98502 TODD STANCIL CITY OF YELM POLICE DEPARTMENT PO BOX 479 YELM WA 98597 GARY CARLSON CITY OF YELM COMMUNITY DEVELOPMENT PO BOX 479 YELM WA 98597 CHIEF MARK KING THURSTON CO. FIRE DISTRICT #2 PO BOX 777 YELM WA 98597 TIM PETERSON CITY OF YELM PUBLIC WORKS GLEN THARP THURSTON COUNTY COMMUNICATIONS 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 Thursday, October l2, 2006 Final Plat App ~~ ~~..~ • ~ c. L' ~,'~ n ~ ~~ .~ % ... ,_ 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 Administrator Shell B.ad~ er Yelm Police 1 1 1 Chief (Todd Stancil Yelm Building--~ 1 1 1 3 ©ffical (Gary Carlson Thurston Co. 2 2 2 ire De t. - 2 Y~Ofvf Rfetwortcs 1 1 1 Puge~Sound _. ' 1 1 1 - - -_ = E- City Engineer 1 1 2 1 Im-G CDD Associate 1 1 1 1 1 1 1 Planner (Tami Photo copy - -Merrif~ra _- of all does CDD Assistant- _ 1 1 1 1 1 1 1 Plenner (Nisha ~ Photo copy ~~ Box of all does ~~9Q Director 1 1 1 Grant Beck - Thurston Cv. 1 1 1 Com a Com Yelm 1 1 1 Corrirrtunl y --- Schools 1 1 1 YeT- ~3ffi~e 1 1 1 Yelm C`_ hamber _ 1 1 1 of Commerce ~s1rxlPublic 1 1 1 s Im ..City Reviewiny_= - -~t =special 1 2 2 1 Surve or File on final on final 1 on final on final on final on final 1 1 ~ ~ i Total 2 special, 8 ~ ~ ~ 4 17 re ular ~ 5 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 PIa11DisUibution of Items submitted with final plat.doc Page ~ of 1 ~~G~~/' ~'(~~~ ~' .u(~CI U'~- , %: j~~y'/ '~ tl~.. ~~ ~~ L`• ~ y~~- LI ~G~ j ~7 li ~t~ ~~~I ~`~ U --.-~-~ ~--- __... .._ _..-.-_-_-.. ._._ __ ... __--. _..__ _-____._ __.-.. _...----___._..-------______.--- --..._ _.___.. _.. I ~~~~ 4 ` \A ~ 6~-1T~ O~ /;~ P. J. BMX 47? ~ '~ ~,~ ~.`~~ ys ~- RECEIPT NO, ~ , ~ r'~~i~~l'~r ****SEVEN HUNDRED FIFTY DOLLARS & 00 CENTS ', R='~E `/ED FRO^+1 DATR REO. NO. A.h~10JNT RRr. Nom'. LANDSHAPES NORTHWEST INC 10/12/06 44042 750.00 CHECK 4235 1151 E 112TH ST ' TACOMA WA 98445 BUDGETARY i JANINE SUB-05-0343-YL VISTA FREEN FINAL PLAT APP FEE CL ty O f l e l m Dete Received ey File No. Community Development Department FINAL PLAT APPLICATION Fee: $750.00 {In addition, anv professional service charges per Resolution #358) APPOINTMENT REQUIRED FOR APPLICAT/ON SUBMITTAL -Please call 458-3835 Subdivision Name_ ~,`, ~rC~ (1~Q e n Case # and Name of Prelimilnary PlatlAp-plrov~al / , Tax Parcel Number(s) ~L 1 ~ ~ `1 '""1 ~ l-~ ~ ~~ SUBDIVIDER SURVEYOR ~-C~;r1~`~SYIt-`~i~"t~ ~v VV Flt i t~_ ~Y 1.1 Ei Name _ Name i 151 ~ 112-~j-~ ~~ A~(.ICJ(~--1~ ~~~ ~~~a~U~ Ady~f_~T~ti"~ ~~~C~~1~ Phone Fax ,~ E-mail ~~~~ PROPERTY OWNER(S) ~~'' (1 ~~~~~~x lyl'v Name j(5~ E ~12+n~7' Address Phone Fax -u~ ~- E-Mail Phone Fax E-mail ENGINEER - t, i~.Tj ~. ^n~~in~~-~,-~~ Name Address Phone Fax E-Mail tAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage ~ ,~ Number of Single Fami{y Resdential Lots ~ 1 _ Number of Muttifamiy Residential Lots Number of Commercial Lots Number of Industrial Lots Smallest Lof Area Average La Area Total Acreage in Open Space Fee in Lieu or Open Space Length in Public Streets Total Acreage in Public Streets Length m Private Streets Total Acreage in Private Streets 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 }dm Avenue West (360) 458-3835 PO Bps 479 (360) 458-3144 F.4X }~eim, WA 98597 wuw.ctyeim.wa.us Ci ty o f Ye l m De Received ey File No Community Development Department FINAL PLAT APPLICATION Fee: 5750.00 (In addition, any professional service charges per Resolution #358) APPOINTMENjjT REQyU/I~RE(D FOR APPLICATION SUBMITTAL -Please call 458-3835 Subdivision Name_,,~ + J 1 l.'1 \ ~~P Case # and Name of Preliminary PlatlApprloval Tax Parcel Number(s) L1~ ~ `1 "'1 ~ ~~ ~. SUBDIVIDER Name i 15 i ~ i 12-~~~ ~~t- Address ~c1~ ~~-~~ ~~~~ ~~a~u~S SURVEYOR -~ i ~'_ -TY l~l P.. Name Address ~y~~T4ti~~~ ~~~~~~~~ 2~1~~ ~) ~~7 -~a"J7~ ~L~i~j-G~1-~1~(j'~j ~~C~~ ~~~~~J 'Z'~~~~ itl';~ ~ ~l`~ ~~~`~ Phone Fax E-mail PROPERTY OWNER(S) Name i ~ 2~n ~t Address -T~(~jtL~~li , ~ti~i~ ~~~~ Phone Fax E-mail E-Mail LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Aaeage ~ ~~ Number of Single Family Residential Lots ~q _ Number of Muttitamiy Residential Lots Number of Commercial Lots Number d Industrial Lots Smallest Lot Area Average Lot Area Total Aneage in Open Space Fee in Lieu of Open Space Length in Public Streets Tdal Acreage in Public Streets Length n Private SVeets Total Acreage in Private Streets 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 atl 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. Phone Fax -u= ~- E-Mail ENGINEER Name Address Phone Fax 105 Yelm Avenue Weet (360) 458-3835 PO Boz 479 (360) 458-3144 F.4X Yelm, WA 98597 urww.cLyelm.tua.us CHECKLIST S bmitte SUPPORTING QOCUMENTS (Submit one copy of each document, un less otherwise noted) 1. Plat Certificate, date not to exceed thirty days prior to submi#al. ~ 2. A copy of any deed restrictions applcable to the subdivision. 3. A copy of any dedication requiring separate documents. 4. Approval (signed off punchlist) by the enginecring department that the subdivider has complied with one of the following: A, All improvements have been installed in accordance wRh 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. 5. Mathematical boundary closures of the subdivision showing the error dosure, if any (4 copies). - 6. The mathematical lot cosures and street cenffirline dosures, and square footage of each parcel (4 copies). 7. Lots containing one acre or more shall show net acreage to nearest hundredth. , / V 8. A phasing plan (if applicable.) .~' 9. A summary explanation is required of how all City Council condRions ~^;'°'. of approval and SEPA mitigation have been met. 10. ~ Final drawings on disk in Auto Cad format. 3~"tt' A copy of any Home Owners Agreement. Cc "l~ (~ 12. A copy of any Maintenance Agreements ate' and/or ,, Open Space.) qq .L,nt~ I~ C\ l r ~ r agimprevemenfs_ Bills of Sale for Sewer and Water _ :.~ ' +-'~»3~. ; . . . f Ryneertlertt= Wafvel`of Protest (lf eppHceble~ Stone Water Maintenance Agreement. y~t4iY.7=.., ' WwtsrRightsAgreemerrt(iFaPP#eable:~ _____...._- ., "~`' 18. Homeowners Agreement. ~ L,N VY CJ ~_ - ~1~-" LID 3egrAgatkm Application (# appMcableJ = Documentation of Well/Septic/Drain field Abandonment. 41. . t3ohoot Mifigation.AgreementM (~("j ~ ~ ~) ~jC t~,~ ~ Z . ,. ., .. Latecomers Payment (iF applicable) ----- . _ (/4 2 3 . ~~ Open Space Fee in-lieu of Payment ("rf applicable.) ."~°'t g~ . ~ _ '24: Any outstanding City fees. l ~~i 25. AS-bunts. 26. 27. Plat Map (11 folded copies -rolled not accepted J One 11 x 17 reduced copy of the Final Plat Map ~+ ~ `~ ~~~ o~. '/ ~. c~ , ~~ l 105 Ytdrn Avenue Weat PO Baz 479 Yedm, WA 98597 Missing ~i~ Date Checked: Checked by: Additional Information Requested: Additional Information Received: Applicatan Complete:, (360) 451'3835 (360) 458x7144 FAX www.ciyedm.wa.ue September 25, 2006 City of Yelm 105 Yelm Ave West Yelm, WA 98597 To Whom It May Concern: As per the final plat process checklist, following is a summary of how all the items found within the conclusion of the hearing examiner's report and decision, ordered the 26~' day of January, 2006, has been or will be addressed. 1. The conditions of the Mitigated Determination ofNon-significance have been referenced and considered conditions of this approval. 2. Each dwelling unit with the subdivision will connect to the City water system City water has been stubbed at the front of each building site. The connection fee and meter fee will be established at the time of building permit issuance. 3. All conditions for cross connection control as required in Section 246-290-490 WAC has been met. 4. A separate water meter has been installed for Storm Tract A and the entry landscape strip. Said meter has an approved backflow prevention device. 5. Each dwelling within the subdivision will connect to the City S.T.E.P. at time of home construction. The connection fee and inspection fee will be established and paid at the time of building permit issuance. 6. Afire protection impact fee will be paid at building permit issuance. 7. The applicant has designed and constructed all stormwater facilities in accordance with the 1992 DOE Stromwater Manual, as adopted by the City of Yelm. The applicant has practiced Best Management Practices (BMP's) during construction. A 10 foot setback from all property lines and easements has been established for stormwater facilities. 8. The final stormwater plan has been submitted with civil engineering and includes an operation and maintenance plan. 9. Infiltration system for roof drain runoff has been engineered for individual lots and shall be installed at time of home construction. 10. The stormwater system has been assigned through the Homeowner's Association CC&R's and to be held in common by the homeowners, and annual fees have been determined for the maintenance and repair of the stormwater facilities. 11. Applicant has submitted a fire hydrant plan to the Community Development Dept. for review and approval. 12. The applicant has submitted fire flow calculations for all existing and proposed hydrants. All hydrants meet minimum City standazds. 13. All fire hydrants have hydrant locks installed. Hydrant lock details have been included in Civil Plan Submission. 14. A lighting plan has been engineered, constructed and approved. 15. The applicant has provided the Community Development Department an addressing map for approval. 16. The name of Vista Green has been submitted and approved with the Thurston County Auditor's Office. 17. Prior to final plat recording the applicant will pay $7,630.62 in lieu of open space. 18. A landscape and irrigation plan has been designed, constructed and approved. 19. The applicant shall provide a written contract with a licensed and bonded landscape maintenance company in order to assure the maintenance of the required landscaping until the homeowner's association becomes responsible for landscaping maintenance. Thank you for your time in addressing the final plat submitted for Vista Green ,and please call me with any questions. Sincerely, John Lubbesmeyer Landshapes Northwest, Inc. Vice President ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Drainage Systems Fr uency Feature ~ Problem Conditwns To Check For Conditions That M ~O~e Trash Q Distance between debris build Should Exist debris up and bottom of orifice plate is less than I'/, feet ~ trash and debris removed. (includes sediment) A Structural damage Structure is not securely attached to manhole waU and outlet pipe structure should su rt at p ~ Structure securely attached to wall and outlet i least 1,000 ounds of u or dow P pe. A n resse tte . Structure is not in upright position (allow up to 10%from lamb). Structure in correct position. A Connections to outlet pipe are not watertight and show signs of rust Connections to outlet pipe are wat rti h . e g t; struchue repaired or replaced and works as M desi ed. Any holes--other than designed holes-in the structure Structure has no holes oth th M,S Cleanout . er an designed holes. ate Dama ed or 8 Cleanout gate is not watertight or is mi i missin ss ng. Gate is watertight and works as designed. A Gate cannot be moved up and down by one maintenance ~. Gate moves up and down easily and is M,S waterti ht A Chain leadar to ate is missin or dams ed. Cham u m lace and works as d i Gate is rusted over 50% of its surface area. es ed. Gate is repaired or replaced to h~S meet design standards. Obstructions Any trash, debris, sediment, or vegetation blockin the Iat Plate rs free of all obstructi h'f,S Overflow e_ ons and works as desi ed. r e Obstructions Any trash or debris blockin g (or having the tential of blockin )the overflow pipe. pipe is free of all obstructions and works as ao..:._ _ If you are unsure whether a problem e.Yisis, please contact the Jurisdiction and ask for feclmical assistance Comments: kev '~ ° Annual (March or April preferred) M =Monthly (see schedule) S =After major storms Page K - 17 ATTACHMENT "A" (CONTINUED} Maintenance Checklist for Catch Basins and Inlets Drainage uen System / V c Feature Problem M,S General Trash, debris, and sediment in or on basin M MS M M M A A A MS MS Structural damage fo frame and/or Cracks in basin walls bottom Se[LlemenU Fire hazard or other Outlet pipe is clogged with Conditions To Check For Trash or debris in front of the catch basin opening is blocking capacity by more than Il1°/w Sediment or debris (in the basin) that exceeds I/3 the depth from the bottom of basin to invert of the lowest pipe into or out of the basin Trash or debris in any inlet or pipe blocJ:mg mote than I/3 of its het t Comer of frame extends more than 3/4 inch past curb face into the street (if applicable). Top slab has holes larger than 2 square inches or cracks wider than 1/4 inch (intent is to make sure al! material is rennin into the basin . Frame not sitting flush on top slab, i.e., separation of more than 314 inch of the frame from the to slab. Cracks wider than I/2 ine6 and longer than 3 feet, say evidence of soil particles entering catch basin through cracks, or mainlcnance person judges that structure is unsound Cracks wider than 1/2 inch and longer than I foot at the joint of any inleL~ouUet pipe or any evidence of soil particles entering catch basin through cracks. Basin has sdUed more than 1 inch or has rotated more than 2 inches out ofaG ent Presence of chemicals such as natural gas, oil, and gasoline. Obnoxious cobr, odor, or sludge noted Vegetation or roots growing ut inleUoutlet pipe joints that is more than six inches tall and less than six inches a~~.e If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = ABer major storms Conditions That Should Exist No trash or debris located immediately in front of catch basin opening. Gra[e is kept clean and allows water to enter. No sediment or debris in the catch basin. Catch basin is dug out and clean. Inlet and outlet pipes free of trash or debris. Frame is even with curb. Top slab is free of holes and cracks. Frame is sitting flush on top slab. Basin replaced or repaired to design standards. Contact a professional engineer for evaluation. No cracks more @tan 1/4 inch wide at the joint of inleUouUet pipe. Basin replaced or repaired to design standards. Contact a professional engineer for evaluation No wlor, odor, or sludge. Basin is dug out and clean No vegetation or root growth present. Page K - 18 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage / Problem Conditions to Clteck For Conditions T7rat Should Exist S stem Feature V M,S General Trash R debris buildup in pond. Dump'mg of yard wastes such as grass . clippings and branches into basin. Unsightly i h Remove trash and debris and dispose as prescribed by City Waste Management S i als suc accumulation ofnon-degradable mater on. ect as lass, lactic, metal, foam, and coated a M,S Trash rack plugged Bar screen over outlet more than 25% covered i i d b i b Replace screen. Remove trash and debris Cit Waste ose as rescnbed b and dis or missing s or m ss ng. e r y y y p p Management Section. M Poisonous tati Any poisonous vegetation which may Examples of ublic constitute a hazazd to the Remove poisonous vegetation. Do not spprraay chemicals on vegetation without vege on p . poisonous vegetation inchtde: tansy ragwort, d ~il l b l k i obtauung guidance from the Cooperative roval 5nm the rvice and a S E t i ng nett es, et sc u . , sting porson oa on e pp x ens Ci . M S Fire hazard or Presence of chemicals such as natural gas, oil, Find sources ofpo(lution and eliminate , pollution and gasoline, obnoxious color, odor, or sludge them. Water is flee from noticeable color, noted. odor, or contamination. M Vegetation not i For grassy ponds, grass cover is sparse and For wetland onds >9 over own w d For gassy ponds, selectively thatch, Grass cutUn aerate and reseed onds gowmg or s overgown , . p y or g ee plants aze sparse or invasive species are t $ p . , unnecessary unless declared by aesthetecs. onds hand- lant nwsery- For wetland presen , p p gownwetland plants in bare areas. Contact the Cooperative Extension Service for direction on invasive species a if d d h i l f ry ooscs r c an rx can suc as s h ld h if P d b tt oms s ou ave un orm grass. on o dense covera a of desired lent s ies. M Rodent holes Any evidence of rodent holes if facility is Rodents destroyed and dam or berm acting as a dam or bemt, or any evidence of d t th h d b i l i in repaired. Contact the Thurston County rtment fo uidance lth D H erm v en roug am or a ro wa e p p g holes. . ea epa r g M Insets When insects such as wasps and homers Insects destroyed or removed from site. interfere with maintenance activrties, or when Contact Cooperative Extension Service mos uitoes become a nuisance. for idance. A Tree grawlh Trtx gowlh dtws not allow maintenances Trexs do not hinder maintrnance access or interferes with maintenance activity activities. Selectively cultivate trees such lie., slope mowing, silt removal, or equipment as alders for firewood. movattents). If trees are not interfering with access, Leave trees alone. M Side slopes of Erosion on berms Check around inlds and outlets for signs of Find causes of a~osion and eliminate d b i i pond or at entranceJexit erosion Check berms for signs of sliding or i i d d h d d them. Then slopes should be stab ze y l ri t tr l i seUlmg. Act on s nee e w ere ero e d where the he d e a e is d 2 i us ng ap rop a e eroswn con o easures) e rock rei forcement amage over nc s e p n r trnteal for continued aoseon. ; .g., , m n lantin of ass, coin action. M Storage area Sediment buildup d i Aceeareulated sediment that exceeds 10%of the d de th Buried or artiall d i d Sediment cleaned out to des gned~nd e and de th ond rese~edd sha n pon pon p . p y es gne buried outld structure probably tndreates p ; p p necessary to control erosion. si ~ scant sediment d sits. A Pond dikes Settlemrnts Any part of dike which has settled 4 inches Dike should be built back to the design lower than the deli elevation. elevation. A Emergenvy / Rock missing Only one layer of rock exists above native soil f t l i 5 Replace rocks to 8esign standazds. overflow s illwa arger, or any exposure square ee or n area of native sod. One Time Emergrncy Overflow missing Side of pond has no sera with large rocks to Contact City for guidance. overflow/ handle emergency overIIows. s illwa If you aze unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: K ~ .4 =Annual (March or April preferred) M =Monthly (see schedule) S =After major sWrrns Page K - 19 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for {nfiltration Systems Frtxlurncy Drainage / Problem Conditions to Check For Conditions That Should Exist System Feature V M,S General Trash & debris Sce Maintenance Checklist for Ponds. See 1~laintenance Checklist for Ponds. buildu in d NI Poiwonous See Mamtenancro Chex:kiis[ for Ponds. See It~fam[enance Che<:[dist for Ponds. ve elation M,S Fire ha7atd or See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. llution M Vegetation not See Maintrnance Checklist for Ponds. See Ivl~inteaance Checklist for Ponds. growmg or is ov own M Rodent holes See Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. M Insects Sce Maintenance Checklist for Ponds. See Maintenance Checklist for Ponds. A Storage area Sediment buildup A soil texture test indicates facility is not Sediment is removed and/or facility is in sys-etrt working at ifs designed capabilities or was cleaned so that infiltration system works incorrectly designed. according to design. A sedunent trapping area is installed to reduce sediment trans oR into infiltration area. A Storage area A soil texture test indicates facility is not Additional volume is added through drains slowly (more than 48 working at its designed capabilities or was incorrectly desrgned. excavation to provide nceded storage. Soil is aerated and rototil(ed to improve hours) or drainage. Contact the City for overflows information on its requirements regarding excavation. M Sediment Any sediment and debris filling area to 10%of Clean out sump to design depth. trapping area depth from swop bottom to bottom of outlet P~Pe or abstructmg flow into the connector i e. One Time Sediment Stormwater enters infiltration azea directly Add a trapping azea by constructing a trapping area not without treatment. sump for settling of solids. Segregate present settling area from rest of facility. Contact Ci for idance. M Rock filters Sediment and By visual inspection little or no water flows Replace gravel in rock filter. debris throw It filter Burin heave rain slontts. If you are unswe whether a prohlem exists, please contact the 3urisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = ABerma~or storms Page K - 20 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Energy Dissipators Frroyuency Drainage / Problem Conditions to Check Fur Conditions That Should Exist System Feahtre V A Rock pad l~lissing or moved only one layer of rock exists above native soil Replace rocks to design standard. rock in area 5 square feet or larger, or any exposure of native soil. A Rock-filled Missing or moved Trench is not full of rock. Add lazge rock (t30 Ib. each) so that rock trench for rock is visible above edge of trench. dischazge from nd M Dispersion Pipe plugged Accumulated sediment that exceeds 20% of the Pipe eleaned/flushed. trench with sedtment desi th. M Perforations Over 1/2 of perforations in pipe are plugged Clean or replace perforated pipe. Su ed with debris and sediment M,S Not discharging Visual evidence of water discharging at Trench must be redesiggnned or rebuilt to water property aoncrntratcd poinAr along french (normal sfandarrf. Elevation oflip of trench condition is a "sheet flow" of water along should be the same (flat) at all points. trench). Intent is to revert erosion derma e. M,S Water flows out Maintenance person observes water flowing Facility must he rebuilt or redesigned to top of "d ib " out during any stortn less than the design storm i i standards. Pipe is probably plugged or istr utor or t s causing or appears likely [o cause damaged and needs replacement. catch basin derma e. ivt,S Receiving area Water in receiving area is causing or has Stabilize slope with grass or other over-saturated entuS of cousin landslide. vc etalion, or rack d' condition is severe. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (March or April preferred) M =Monthly (see schedule) S = After maJor sinrms PageK-21 ATTACHMENT "A" (CONTINUED) Maintenance Checktiist for Fencing/Shrubbery Screen/Other Landscaping Frequency Drainage System Feature / V Problem Conditions to Check For Conditions That Should Exist M General Missing or broken paRs/dead Any defect in the fence or screen that permits easy entry to a facility. Fence is mended or shtvbs replaced to form a solid barrier to entry. shrubb M,S Erosion Erosion has resulted in an opening under a fenr~ that allows en by eo le or ets. Replace soil under fence so that no o exceeds d inches in het t. M Unruly vegetation Shrubbery is growing out of control or is infested wrth weeds Shrubbery is trimmed and weeded to provide appealing aesthetics. Do not use chemicals to control weeds. A Wire Fences Damaged parts Posts out of plumb more than 6 inches. Posts plumb to within 1'ii inches of lamb. A To rails bent more than 6 inches. To rail free of bends realer than I inch. A An rt of fence (including posts, top rails, and fabric) more than 1 foot out of design Fence is aligned and meets design standards. alt ent A ATissin or loose tension wire. Tension wire in lace and holdin fabric A Missing or loose barbed wire that is sagging more than 2'/z inches between posts. Barbed wire in place with less than 3~4- inch sag between posts. A Extension arm missing, broken, or bent out of sha a more than 1'/z inches. Extension arm in place with no bends lar er than 3/d inch. ,q Deteriorated paint or Part or parts that have a rusting or scaling condition that has affected structural adequacy. Structurally adequate posts or parts with a uniform protective coating. o[ec[rve coatis M Openings in fabric Openings in fabric are such that an 8-inch- diameter ball could tit through. No openings m fabric. It you aze unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: .A =Annual (March or April preferred) M =Monthly (see schedule) S =After mayor sterns Page K - 22 ATTACHMENT "A" (CONTINUED} _ r.~__t_c..a i..r !'_~icc 1VlQlIRGIIQII e..e V~ee~..r~naa ~ ~~ ~~ •~-_ a e i D Prohtem Conditions to Check For Conditions That Should Exist Frcyuency g ra n System Feature V M General Damaged or miss'mg com vents p° Gale is broken, jammed, or missing. Pond has a functioning gate to allow entry of people and maintenance eqm ment such as mowers and backhoes. If a lock is used make sure City Stotmwater Section field staff have a ke . Broken or missing hinges such that ggate Hingges intact and lobed. Gate is working l fr M cannot he easily opened and closed by a ee y maintenance erson. Gate is out of plumb more than 6 inches and Gate is aligned and vertical. A more than 1 foot out of deli ati ent. Missing stretcher bar, stretcher bands, and Stretcher bar, bands, and lies in place. A ties. If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance. Comments: .4 =Annual (March or April prefened) M =Monthly (see schedule) S = Afiermajor storms Page K - 23 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Fnxluency Drainage - / l~ablcm Conditions to Check For Conditians That Should Exist System Feature v M,S Apes Sediment & Accumulated sediment that exceeds 20% of the Pipe cleaned of all sediment and debris. debris diameter of the i e. df Vegetation Vegebdon that reduces rice movement of All vegetation removed so water Nowa water thro i freel titrou h i q Damaged (rusted, Protective coating is damaged; rust is causing Pipe repaired or replaced. bent, or gushed) more than 50% deterioration to any part of i e. M Any dent that significantly impedes flow (i.e., Pipe repaired or replaced. decreases the cross section area of pipe by more than 20%). M Pipe has major cracks or tears allowing Pipe repaired or replaced. oundwater leaks e. M,S Open ditches Trash ~& debris Dumping of and wastes such as grass Unsr htl t b in d b h i di Remove trash and debris and dispose as ement City Waste I~fana ~ressccnbed b y as . g ranc es n o pptngs an g y pp accranulatian of n actable materials such SecCwn. as lass, lastic, metal, foam, and coated a er. M Sediment buildup Accumulated sediment that exceeds 20%ofthe Ditch leaned afall sediment and debris deal d th. so that it matches deli A Vegetation Vegetation (e.g., weedy shrubs or saplings) that Water flows freely ihrou~ ditches. reduces free movements of water through Crrassy vegetation shouldbe left alone. ditches. M Erasion damage See Ponds Checklist See Ponds Checklist to sl es A Rock lining out Maintenance person can see native soil beneath Replace rocks to design standard. of place or the rock lining. missing (tf a cable Varies Catch basins See Catch Basins Checklist See Catch Basins Checklist M,S Swales Trash 8t debris See above for Ditches. See above for Ditches. A4 Sediment buildup Sc+e above for Ditches. Vegetation may need io be repLrnted after cleanin . A4 V egetatian not Crrasa cove is sparse and weedy or areas are t~.rate sails and reseed and mulch bare growing or overgrown with woody vegetation. areas. Maintain grass height at a t f 6 i h f b t t i i overgrown ormwa er mum o nc es or es s m n treatment Remove woody growth, recontaur, and reseed as neces M,S Erosion damage See Ponds Checklist- Sae Ponds Checklist. to sl M Conversion by Swale has been filled in or blocked by shed, If possble, speak with homeowner and homeowner to woodpile, shrubbery, etc. request that Swale area be restored. incompatrble use Contact City to ort problem if not rectified valuntaril . A Swale does not Water stands in Swale or flow velocity is very A survey maybe needed to check grales. C d d b I 5°o if drain slow. Stagnation occurs. na es nee to e m - range possible. If Bade is less than 1°/q underdrairts ma need to be installed. Sf you are unsure whether a probiem exists, please contact the Jurisdiction and ask for technical assistance. Comments: A =Annual (Ivtarrlr or April preferred) M =Monthly (see schedule) S =After rag}or storms Page K - 24 RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN LANDSHAPES NORTHWEST, INC., THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND CITY OF YELM (HEREINAFTER "JURISDICTION') The upkeep and maintenance of stormwater facilities and the implementation of pollution source control Best Management Practices (BMP'S) are essential to the protection of water resources. All property owners are expected to conduct business in a manner that promotes environmental protection. This Agreement contains specific provisions with respect to maintenance of stormwater facilities and use of pollution source control BMP's. LEGAL DESCRIPTION: Lots 1 through 19 of the Plat of Vista Green as recorded in the office of the Thurston County Auditor. Located in the Section 13, Towmship 17, Range lE, W.M. Thurston County, Washington. Whereas, OWNER has constructed improvements, including but not limited to, building, pavement, and stormwater facilities on the property described above. In order to further the goals of the JURISDICTION to ensure the protection and enhancement of JURISDICTION's water resources, the JURISDICTION and OWNER hereby enter into this Agreement. The responsibilities of each party to this Agreement are identified below. OWNER SHALL: (1) Implement the stormwater facility maintenance program included herein as Attachment "A". r (2) Maintain a record (in form of a logbook) of steps taken to implement the programs referenced in (1) above. The logbook shall be available for the inspection by appointment at 1151 EAST 112TH STREET, TACOMA, WASHINGTON 98445. The logbook shall catalog the action taken, who took it, when it was done, how it was done, and any problems encountered or follow up actions recommended. Maintenance items ("problems") listed in Attachment "A" shall be inspected on a monthly or more frequent basis as necessary. OWNER is encouraged to photocopy the individual checklists on Attachment "A" and use them to complete its monthly inspections. These completed checklists would then in combination, comprise the monthly logbook. (3) Submit an annual report to the JURISDICTION regarding implementation of the programs referenced in (1) and (2) above. The report must be submitted on or before May 15`t' of each calendar year and shall contain, at a minimum, the following: a) Name, address, and telephone number of the business, the person, or firm responsible for plan implementation, and the person completing the report. b) Time period covered by the report c) A chronological summary of activities conducted to implement the programs referenced in (1) and (2) above. A photocopy of the applicable sections of the logbook, with any additional explanation needed, shall normally suffice. For any activities conducted by paid parties, include a copy of the invoices for services. d) An outline planned activities for the next year. THE JURISDICTION SHALL: (1) Provide technical assistance to OWNER in support of their operation and maintenance activities conducted pursuant to its maintenance and source control programs. Said assistance shall be provided upon request, and as JURISDICTION time and resources permit, at no charge to OWNER. i I i (2) Review annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems with OWNER. (3) Review this agreement with OWNER and modify it as necessary at least once every three (3) years. REMEDIES: (1) If the JURISDICTION determines that maintenance or repair work is required to be done to the stormwater facilities located in the subdivision, the JURISDICTION shall give OWNER notice of the specific maintenance and/or repair required. The JURISDICTION shall set a reasonable time in which such work is to be completed by the persons who were given notice. If the above required maintenance and/or repair is not completed within the time set by the JURISDICTION, written notice will be sent to OWNER stating the JURISDICTION's intention to perform such maintenance and bill OWNER for all incurred expenses. (2) If at any tine the JURISDICTION determines that the existing system creates any imminent threat to public health or welfare, the JURISDICTION may take immediate measures to remedy said threat. No notice to the persons listed in (I) above, shall be required under such circumstances. All other OWNER responsibilities shall remain in effect. (3) OWNER grants unrestricted authority to the JURISDICTION for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2). (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except those maintenance actions explicitly assumed by the JURISDICTION in the preceding section. Such responsibility shall include reimbursement to the JURISDICTION within (90) days of the receipt of the invoice for any such work performed. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by the JURISDICTION will be borne by the parties responsible for said reimbursements. This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the JURISDICTION. It shall run with the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property in the subdivision. They shall inure to the benefit of each present or future successor in interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the JURISDICTION. Dated this 25}"day of ~J{T~-~-,r-,~,-~ , 2006. John Lubbesmeyer Vice President STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) Un this day and year above personally appeared before me, JOHN LUBBESMEYER known to be the individual(s) described, and who executed the foregoing instrument and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. MELISSA A. BEYER Name: ~~~~~ f ~,~ - (rc?C.~~ 7Q.~0 NOTARY PUBLIC NOTARY PUBLIC in and for the State of STATE OF WASHINGTOPJ Washington Residing at COMMISSION EXPIRES JANUARY 9, 2007 ~~il~ My appointment expires: ~-~~-~~ BYLAWS OF VISTA GREEN HOMEOWNERS ASSOCIATION ARTICLE L NAME AND LOCATION OF MEETINGS The name of the corporation is Vista Green Homeowners Association, hereinafter referred to as the "Association". Meetings of Members and Directors may be held at such places within the State of Washington, County of Thurston, as may be designated by the Board of Directors. ARTICLE II. DEFINITIONS Session 1. "Association" shall mean and refer to Vista Green Homeowners Association and its successor and assigns. Section 2. "Properties" shall mean and refer to the following described property and all additions thereto as may hereafter be brought within the jurisdiction of the Association: Plat of Vista Green recorded this day of , 2006, under Thurston County recording no. ,records of Thurston County, Washington. Section 3. "Common Area" shall mean all real property owned by the Association for the common use, benefit and enjoyment of the Owners. Section 4. "Building Site" shall mean and refer to arty numbered plot of land shown upon the Plat of Vista Green with the exception of Tract A. Section 5. "Owner" shall mean and refer to the record owner, whether one or more persons or entities, of the fee simple title to any Building Site which is a part of the Properties including contracts sellers, but excluding those having such interest merely as security for the performance of an obligation. Section 6. "Covenants" shall mean and refer to the Protective, Utility and Maintenance Covenants applicable to the Properties recorded in the Office of the Thurston County Auditor on this day of 2006, under Thurston County recording no. Section 7. "Member" shall mean and refer to those persons who are members of the Association. Every Owner of a Building Site shall be a Member. Bylaws Vista Green Homeowners Association Page 1 of 9 ARTICLE III. MEETING OF MEMBERS Section 1. ANNUAL MEETINGS. The regular annual meeting of the Members shall be held on the second Monday in January each year beginning in 2007. If the annual meeting is omitted by oversight or otherwise on the date provided for, a subsequent meeting may be held in place thereof, and any business transacted or elections held at such meeting shall be as valid as if transacted or held on the date established herein. Section 2. SPECIAL MEETINGS. Special meetings of the Members may be called at any time by the president or by the Board of Directors, or upon written request of the Members who are entitled to vote one-fourth (114) of all of the votes of the membership. Section 3. NOTICE OF MEETINGS. Written notice of each meeting of the Members shall be given by, or at the direction of, the secretary or person authorized to call the meeting, by mailing a copy of such notice, postage prepaid, at least 30 days before such meeting to each Member entitled to vote thereat, addressed to the Member's address last appearing on the books of the Association, or supplied by such Member to the Association for the purpose of notice. Such notice shall specify the place, day and hour of the meeting, and, in the case of a special meeting, the purpose of the meeting. Section 4. UORUM. The members present at the meeting of members or proxies are entitled to cast a vote, if fifty (50) percent of all votes of the membership are present, then it shall constitute a quorum for any action. If, however, such a quorum shall not be present or represented at any meeting, the Members entitled to vote thereat shall have power to adjourn the meeting from time to time, without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. Section 5. PROXIES. At all meetings of Members, each Member may vote in person or by proxy. All proxies shall be in writing and filed with the secretary. Every proxy shall be revocable and shall automatically cease upon conveyance by the Member of his Building Site. Section 6. MEMBERS. Every Owner of a Building Site shall be a Member of the Association. Membership shall be appurtenant to and may not be separated form ownership of any Building Site which is subject to assessment by the Association. Section 7. VOTING RIGHTS. The Association shall have one class of voting membership comprised of all Owners who shall be entifled to one vote for each Building Site owned. When more than one person holds an interest in any Building site all such person shall be Members. The vote for such Building Site shall be exercised as they determine, but in no event shall more than one vote be cast with respect to any Building Site. Bvlaws Vista Green Homeowners Association Page 2 of 9 ARTICLE IV. BOARD OF DIRECTORS: SELECTION: TERM OF OFFICE Section 1. NUMBER. The affairs of this Association shall be managed by a Board of three (3) directors, who after January 2007 must be Members of the Association. Section 2. TERM OF OFFICE. Each director shall hold office until the sine die adjournment of the next succeeding annual meeting and until his successor shall have been elected and is qualified. Section 3. REMOVAL. Any director may be removed from the Board, with or without cause, by a 75 percent majority vote of all the Members of the Association. In the event of a death, resignation or removal of a director, his successor shall be selected by the remaining members of the Board and shall serve for the unexpired term of his predecessor. Section 4. COMPENSATION. No director shall receive compensation for any service rendered to the Association. However, any director may be reimbursed for actual expenses incurred in the performance of the duties of a director. Section 5. ACTION TAKEN WITHOUT A MEETING. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect as though taken at a meeting of the directors. ARTICLE V. NOMINATION AND ELECTION OF DIRECTORS Section 1. NOMINATION. Nomination for election to the Board of Directors shall be made by a Nominating Committee. Nominations may also be made from the floor at the annual meeting. The Nominating Committee shall consist of a Chairniacl, who shall be a Member of the Board of Directors, and two or more Members of the Association. The Nominating Committee shall be appointed by the Board of Directors prior to each annual meeting of the Members, to serve from the close of such annual meeting until the close of the next annual meeting and such appointment shall be announced at each annual meeting. The Nominating Committee shall make as many nominations for election to the board of Directors as it shall in its discretion determining but not less than the umber of vacancies that are to be filled. Section 2. ELECTION. At the election of Directors the Members or their proxies may cast, in respect to each vacancy, as many votes as they are entitled to exercise. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. Bylaws Vista. Green Homeowners Association Page 3 of 9 ARTICLE VL MEETING OF DIItECTORS Section 1. REGULAR MEETINGS. Regular meetings of the Board of Directors shall be held quarterly without notice, at such place and hour as may be fixed from time to time by resolution of the Board. Should said meeting fall upon a legal holiday, then that meeting shall be held at the same time on the next day which is not a legal holiday. Section 2. SPECIAL MEETINGS. Special meetings of the board of Directors shall be held when called by the president of the Association, or by any two directors, after not less than three (3) days' notice to each director. Section 3. 4UORUM. A majority of the number of directors shall constitute a quorum for the transaction of business. Every act or decision done or made by a majority of the directors present at a dully held meeting at which a quorum is present shall be regarded as the act of the Board. ARTICLE VII. POWER AND DUTIES OF THE BOARD OF DIRECTORS Section 1. POWERS. The Board of Directors shall have power to: A. Adopt and publish rules and regulations governing the use of the Common Area, Private Road and easements shown on the Plat, to include Tract A. B. Exercise for the Association all powers, duties and authority vested in or delegated to this Association and not reserved to the membership by other provisions of these Bylaws, the Articles of Incorporation, the Covenants. C. Declare the office of a member of the board of Directors to be vacant in the event such member shall be absent from three (3) consecutive regular meetings of the Board of Directors. D. Employ a manager, an independent contractor, or such other employees as they deem necessary, and to prescribe their duties. E. File legal action on behalf of the Association to enforce any covenants affecting the Properties. F. Indemnify any director or officer or former direcoar or officer or other person in the manner and to the extent provided by law. Section 2. DUTIES. It shall be the duty of the Board of Directors to: Bylaws Vista Green Homeowners Association Page 4 of 4 A. Cause to be kept a complete record of all of its acts any corporate affairs and to present a statement thereof to the members at the annual meeting of the members, or at any special meeting when such meeting has been called by the Members. B. Supervise all officers, agents and employees of the Association, and to see that their duties are properly performed. C. As more fully provided in the Covenants to: 1. Fix the amount of the annual assessment against each Building Site at least thirty (30} days in advance of each annual assessment period. 2. Send written notice of each assessment to every Owner subject thereto at least thirty (30) days in advance of each annual assessment period. 3. Foreclose the lien against any property for which assessments are not paid within thirty (30) days after due date or to bring an action at law against the owner personally obligated to pay the same. D. Issue, or to cause and appropriate officer to issue, upon demand by any person, a certificate setting forth whether or not any assessment has been paid. A reasonable charge may be made by the Board for the issuance of these certificates. If a certificate states an assessment has been paid, such certificate shall be conclusive evidence of such payment. E. Procure and maintain adequate liability and hazard insurance on property owned by the Association. F. Cause all officers or employees having fiscal responsibilities to bebonded, as it may deem appropriate. G. Cause to be maintained the Common Area, Private Road and easements shown on the Plat, to include Tract A & B, and for which the Association has maintenance responsibility. ARTICLE VIII. OFFICERS AND THEIR DUTIES Section I. ENUMERATION OF OFFICERS. The offices of this Association shall be a president, a vice president, and asecretary-treasurer, who shall at all times be a member of the Board of Directors, and such other officers as the Board may from time to time resolution create. Bylaws Vista Green Homeowners Association Page 5 of 9 Section 2. ELECTION OF OFFICERS. The election of officers shall take place at each annual meeting of the members. Section 3. TERM. Each officer of this Association shall be elected annually by the Board and shall hold office for one (1) year unless the officer shall sooner resign, or shall be removed, or otherwise become disqualified to serve. ection 4. SPECIAL APPOINTMENTS. The Board may elect such other officers as the affairs of the Association may require each of whom shall hold office for such period, have such authority, and perform such duties as the Board may, from time to time, determine. The Board of Directors of the Country Vista Homeowners Association shall designate a "responsible owner" and an "assistant" for the purpose of administering the road maintenance covenant. Section 5. RESIGNATION AND REMOVAL. Any officer may be removed from office with or without cause by the Board. Any officer may resign at any time giving written notice to the Board, the president or the secretary. Such resignation shall take effect on the date of receipt of such notice or at any later time specified therein, and unless otherwise specified therein, the acceptance of such resignation shall not be necessary to make it effective. Section 6. VACANCIES. A vacancy in any office may be filled by appointment by the Board The office appointed to such vacancy shall serve for the remainder of the term of the officer he replaces. Section 7. MULTIPLE OFFICES. The offices of secretary-treasurer shall be held by the same person. No person shall simultaneously hold more than one office except in the case of special offices created pursuant to Section 4 of this VIII Article. Section 8. DUTIES. The duties of the officers are as follows. PRESIDENT A. The president shall preside at all meetings of the Board of Directors; shall see that orders and resolutions of the Board are carried out; and except as otherwise repaired or limited by law; by these Bylaws, or by resolution of the Board of Directors, shall sign all leaves, mortgages, deeds and other written instruments on behalf of the Association VICE-PRESIDENT B. The vice-president shall act in the place and stead of the president, when absent or unable or unwilling to act, and shall exercise and discharge such other duties as may be required by the Board. Bxlaws Vista Green Homeowners Association Page 6 of 9 SECRETARY C. The secretary shall record the votes and keep the minutes of all meetings and proceedings of the Board and of the members; keep the corporate seal of the Association and affix it on all papers requiring said seal if the Board of Directors has adopted a seal; serve notice of meetings of the Board and of the members; keep appropriate current records showing the members of the Association together with their addresses, and perform such other dudes as required by the Board. TREASURER D. The treasurer shall receive and deposit in appropriate bank accounts all monies of the Association and shall disburse such funds as directed by resolution of the Board of Directors; keep proper books of account; cause an annual review of the Association's books to be made by a public accountant at the completion of each fiscal year; and shall prepare an annual budget and a statement of income and expenditures to be presented to the membership at its regular annual meeting, and deliver a copy of each to the Members. ARTICLE XIII COMMITTEES In addition to the Architectural Review Committee and the Nominating Committee, the Board of Directors may appoint such other committees as it deems appropriate. ARTICLE X. BOOKS AND RECORDS The books, records and papers of the Association shall at all times, during reasonable business hours, be subject to inspection by any Member. The Declaration, the Articles of Incorporation, and The Bylaws of the Association shall be available for inspection by any Member at the principal office of the Association, where copies may be purchased at reasonable cost. Bylaws Vista Green Homeowners Association Page 7 of 9 ARTICLE XI ASSESSMENTS As more fully provided in the Declaration, each Member is obligated to pay to the Association annual and special assessments which are secured by a continuing lien upon the Member's Building Site. Any assessment which is not paid when due shall be delinquent. If the assessment is not paid when due, the assessment shall bear a twenty (20) dollar late fee and interest from the date of delinquency at the rate of twelve percent (12%) per annum, and the Association may bring an action at law against the Owner personally obligated to pay the same or foreclose the lien against the Building Site, and interest, costs, and reasonable attorney's fees of any such action shall be added to the amount of such assessment. No Owner may waive or otherwise avoid liability for the assessments provided for herein by nonuse of the Common Area or abandonment of Owner's Building Site. ARTICLE XII CORPORATE SEAL In the exercise of its discretion, the Board of Directors may adopt and maintain a suitable seal for the Association ARTICLE XIII. AMENDMENTS Section 1. These Bylaws may be amended, at a regular or special meeting of the Members, by a majority vote of the Members present in person or by proxy, provided a quorum is present. Section 2. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control, and in the case of any conflict between the Covenants and these Bylaws, the Covenants shall control. ARTICLE XIV. MISCELLANEOUS The fiscal year of the Association shall begin on the first day of January and end on the 31st day of December of every, except that the first fiscal year shall begin on the date of incorporation. Bylaws Vista Green Homeowners Association Page 8 of 9 CER1'ITICATION I, the undersigned, do hereby certify: THAT I am the duly elected and acting secretary of the Vista Green Homeowners Association, a Washington non-profit corporation, and, THAT the foregoing Bylaws constitute the original Bylaws of the Association, as a duly adopted by the Board of Directors. ~._ IN WITNESS WHEREOF, I have hereunder subscribed my name this day of ~'''~ )~~~?~, 2005. A ~ 4 Melissa Vadnais Secretary Bylaws Visa Green Homeowners Association Page 9 of 9 CHICAGO TITLE INSURANCE COMPANY 3315 PACIFIC AVE SE #D-1B, OLYMPIA. WA 98501 A.L.T.A. COMMITMENT SCHEDULE A Order No.: 2050590 Title Unit: 00142 Customer Number: LANDSHAPES Phone: (360)456-7878 Buyers}: LANDSHAPES NORTHWEST Fax: (360)456-6776 Officer: OLYMPIA TITLE DEPARTMENT Commitment Effective Date: AUGUST 23, 2006 at 8:00 A.M. 1 . Policy or Policies to be issued: ALTA Owner's Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Policy or Policies to be issued: ALTA Loan Policy Proposed Insured: Amount: $p , 00 Premium: Tax: Amount: $1 ,000.00 Premium: $200.00 Tax: Amount: $p , 00 Premium: Tax: $16.80 2 . The estate or interest in the land which is covered by this Commitment is: FEE SIMPLE 3 . Title to the estate or interest in the land is at the effective date hereof vested in: LANDSHAPES NORTHWEST, INC., A WASHINGTON CORPORATION 4 . The land referred to in this Commitment is described as follows: SEE ATTACHED LEGAL DESCRIPTION EXHIBIT conuueos~iu.cn ~.i.~ CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE A (Continued) Order No.: 2050590 Your No.: LANDSHAPES LEGAL DESCRIPTION EXHIBIT (Paragraph 4 of Schedule A continuation) THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., DESCRIBED AS FOLLOWS: BEGINNING AT A POINT DESCRIBED AS BEING 1,314.51 FEET NORTH AND 1998.08 FEET WEST OF THE SOUTHEAST CORNER OF SAID SECTION 24; THENCE ALONG THE BOUNDARY OF 5.125 ACRE TRACT CONVEYED TO JENNIE LITTLE BY DEED DATED DECEMBER 16, 1919 AND RECORDED IN VOLUME 100 OF DEEDS, PAGE 16, NORTH 01° 04' 20" WEST 642.75 FEET, NORTH 89° 11' 05" EAST 432 FEET, MORE OR LESS, SOUTH 37° 56' WEST 161 FEET, MORE OR LESS, AND SOUTH 01° 04' 20" EAST 113.4 FEET, MORE OR LESS TO THE NORTHWEST CORNER OF 1.75 ACRE TRACT CONVEYED TO JENNIE LITTLE BY SAID DEED; THENCE NORTH 52° 04' WEST 60 FEET, MORE OR LESS, SOUTH 01° 04' 20" EAST 450 FEET AND SOUTH 89° 11' 05" WEST 290 FEET TO THE POINT OF BEGINNING. IN THURSTON COUNTY, WASHINGTON CLTACMA6/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMTTMENT SCHEDULE B Order No.: 2050590 Your No.: LANDSHAPES Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. GENERAL EXCEPTIONS A. Rights or claims of parties in possession not shown by the public records. B. Encroachments, overlaps, boundary line disputes, or other matters whichwould be disclosed by an accurate survey and inspection of the premises. C. Easements, or claims of easements, not shown by the public records. D. Any lien, or right to a lien, for contributions to employee benefit funds, or for state workers' compensation, or for services, labor, or material heretofore or hereafter furnished, all as imposed by law, and not shown by the public records. E. Taxes or special assessments which are not shown as existing liens by the public records. F. Any service, installation, connection, maintenance, tap, capacity or construction charges for sewer, water, electricity, other utilities, or garbage collection and disposal. G. Reservations or exceptions in patents or in Acts authorizing the issuance thereof; Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. H. Water rights, claims, or title to water. I. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS FOLLOW WLTAC,OMB/RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE ~ (Continued) Order NNo.: 002050590 Your No.: LANDSHAPES SPECIAL EXCEPTIONS B 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDE INTEREST AND PENALTIES): C D E YEAR: 2006 TAX ACCOUNT NUMBER: 21724420800 LEVY CODE: 170 ASSESSED VALUE-LAND: $ 90,850.00 ASSESSED VALUE-IMPROVEMENTS: $ 134,200.00 GENERAL & SPECIAL TAXES: BILLED: $ 2,733.00 PAID: $ 1,366.50 UNPAID: $ 1,366.50 2. RIGHTS OF SUCCESSORS OF YELM IRRIGATION DISTRICT TO CONSTRUCT, REPAIR AND MAINTAIN CANALS, FLUMES AND LATERALS, ON OVER AND ACROSS SAID PREMISES AS DISCLOSED BY INSTRUMENTS OF RECORD. 3. CITY OF YELM ORDINANCE N0. 607 AND THE TERMS AND CONDITIONS THEREOF: RECORDED: RECORDING NUMBER: REGARDING: SEPTEMBER 3, 1998 3176833 ULID FOR WASTEWATER REUSE PROJECT 4. DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: LANDSHAPES NORTHWEST, INC. TRUSTEE: WASHINGTON SERVICES, INC. BENEFICIARY: WASHINGTON FEDERAL SAVINGS AND LOAN ASSOCIATION AMOUNT: $ 313,600.00 DATED: MARCH 8, 2006 RECORDED: MARCH 14, 2006 RECORDING NUMBER: 3815140 LOAN NUMBER: 139 208 314390-6 THE AMOUNT NOW SECURED BY SAID DEED OF TRUST AND THE TERMS UPON WHICH CLTACMBI /RDA/0999 CHICAGO TITLE INSURANCE COMPANY A.L.T.A. COMMITMENT SCHEDULE B (Continued) Order No.: 2050590 Your No.: LANDSHAPES SPECIAL EXCEPTIONS THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. END OF SCHEDULE B CLTACMB2/RDA/D9l9 _~. ~.ia~i~.r- - _~ 'Cl~~ S~rATF,S pf,- q~jl~ ~~t ,. yr ~;,., ~Ir, s~~ i'. iTF. .~ `c u s' ~`~ 'c. aei ~~e - Y, ~ ~~ e0C ~~~~ ~ ens _"-••a (``. ~. ~ "; ee' ~~ ~ ~ ~~ i~ Dl~ ~~0 ~ Ixr7 Oc. ~o <~ ~• eg: o •o~,s a. Secretary o~ ,Mate I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to VISTA GREEN HOMEOWNERS ASSOCIATION a/an WA Non-Pro tit Corporation. Charter documents are effective on the date indicated below. Date: 9/26/2006 UBI Number: 602-6~3-311 APPID: 672048 -..-.Y _~ /.. '~ - .~ ,.. ~~ ~ ^'' ti~ ~' ----, '1 ---. Q ~' ,~ I- 1 J 1 }~t~ ` ~ ~' ~,L1 Gig en under m~ h~uu1 any! the Seal of the State rl~ ~~,~,hin_*tc~n at Ole mhia, the Sta,c Caf~it,il Sum Reccl. S.rrelar~ uI St:ue a~ -t~ ~~ ~ Y es V Z W W~ ~ ~ n' r a vJ~~ ~j a ~~~~ ~^ o ac m a a oa ~^~ o~ o~ (~ U L..iJt~~tJLJIJ I U~ 1CJJ'J 1710) 1'. 1' 1 ~t5 a W G ~ p • ,~ r , ~ ~ 0 ~ 7 ~ W ~ J ~ ` j i 4 3 ~ o. ~ ~ r ' N ~ ~~ i 0 (~ ~~ ooa C O Z O Lw9 V W 'o z W 0 z LL e r c ~~ ~~ ~~ 1~.~1.3L'L/ uc.a..ii 1.,~~!4!' ~`t ri_"~' II ~'~ a~t'..I L'6~~:~~ i. .,, CONTRACT LANDSHAPES N.W. ADDRESS 15132 LONGMIRE ST. S.E. YELM DATE STARTED 05/19/06 DniE COMPLETED 05/19/06 SW 1/4 SE 1/4 SEC. 24 TWP 17N RGE 1E DRILLER 2246 COMPLETED DEPTH FT. SIZE HOLE 6" WELL NO. N/A FORMATIONS PENETRATED FROM TO DECOMMISSIONED EXISTING WELL DIA. 6" DEPTH 50'8" DECOMMISSIONED TO DOE REGS WAC 173-160-381 PARAGRAPH 1A PERFORATED 4 CUTS PER ROW, 1 ROW PER FOOT FROM 50' UP TO 4' FROM GROUND LEVEL PRESSURE GROUTED NEAT CEMENT WITH A 5% BENTONITE GROUT FROM BOTTOM TO TOP. CUT CASING APPROX 1 FOOT FROM GROUND LEVEL SHOE AT FROM GROUND LEVEL. TOTAL DEPTH DRILLED SURFACE SEAL DEPTH FT MATERIAL USED AIR PUMPED _GPM WITH STEM AT FOR HRS. STATIC SCREEN DIAM. SLOT SIZE FROM FT. TO FT_ REMARKS Com=munity Development Department City of Yelm P.O. Bolt 479 Yeltn, WA 98597 OFFICIAL U8E ONLY Date Received: Received By: AL PUNCH LIST APPLICATION U8E BLACK II~K ONLY er: ii ddress• ~ l ~ ~ ~. I ~ ~~1 ;~' " nn ity & State: ~~~~~]~ ~/~ Y~ •p: ~~ ~t--~ ~ Phone:~~~~.~~]~' Fax: LJ~ -` ~~~ ' ~ ~ ~~~ ~~r,~~ _ E-Mail: Applicant: ddress: ~ 1~ ~ ~ ~ ~~~~ ity and State• ~~(_~~ , ~~~ 'p: ~ ~ ~ ~`~ ~ Phone: ~~ /~~ Fax: ~" J~7~'1 ~ 1~ l LY, >~ ~ E-Mail: ngineer: ~ ` ~t~T 1~~~ P. P +'~~r" D dress:- ~~~J ~~,~~~ `_~~ ~~ d ity 8s Stated^r 'p: ~ ".1~~ ~ ~ Phone• , Fa~c: - ~ E-Mail: ROJECT NAME, ADDRESS/LOCATION AND CASE NUMBER: FOR OFFICIAL USE ONLY Date Recxived: 151 ~'z • • ~ Date of Intesdep~antrnental Dhtsribatia~a><: Iaspectlon Date(s~ - -L Upon receipt of this application by the City, it will be routed to the appropriate City departments. The Development Review Eng}neer and any other relevant Ciry staff will conduct a site inspection within 5 working days from receipt of the application. Upon completion of site u~rspection(s), a punch list and a final plat application packet will be provided to the applicant. G:\Web Content\community devebpment\FinalPunchApp.doc ~ ~ -~ ~ ~ ~~ STATES o~- a~~ e a'• ~Q' ~i. •eee y. / o0e ~ ,,.: ~ a?o ~ t~t~ D ~a v~. ~ ~ ~~' a~ t1~ ~~ ^ <0e, ''y .y ~°o ~ ~ Ae. e0 ~+?~~ ~-•oe . ea: v .p ' q r Q• ~ M t t ~ e , a ary o e~re , I, SAM REED, Secretary of State of the State of Washington and custodian of its seal, hereby issue this CERTIFICATE OF INCORPORATION to VISTA GREEN HOMEOWNERS ASSOCIATION a/an WA Non-Profit Corporation. Charter documents are effective on the date indicated below. Date: 9/26/2006 UBI Number: 602-653-311 APPID: 672048 ~; ~~ ~ ~~~ /' Gi~~en under my hand and the Seal ot• the State OI Watihin~_Tlln a[ D~Vlllpla. [h~ SCaIe C1l~lla~ ~ ti ,~. -.~ ~" d w ~ .~ f` ~-~ Sum Rcecl, Secretary of State ~~ ~ ~,' 1 1 `l -l ~ b 9 ~` ~ "~ btY-C f -CIOL~Jb 1C: Cbt' FKUI'I: rLUHHWICS CIj° ~ `~ V ~ W O W~ ~~ ~P" $ Va ~ ~ ao h V x O~ ~ Za u .,~ ~'.' ~ . ~ f ~ . i_ CJJti`+tiCJ77 1 U: 1CJJJJ f 71bJ 1'. 1' 1 s C ~ d c n ~A ~ RiCF-~/~f~~ sC)ni ~L~. C6f~ILL.I~ ~~~ WELL DRILLING REPORT' CONTRACT LANDSHAPES N.W. once sTnRreo 05/19!06 unrE ADDRESS 15132 LONGMIRE ST. S.E. YELM COMPLETED 05/19/06 SW 1/4 SE 1/4 SEC. 24 TWP 17N RGE 1E DRILLER 2246 COMPLETED DEPTH FT. SIZE HOLE 6" W ELL NO. N/A FORMATIONS PENETRATED FROM TO DECOMMISSIONED EXISTING WELL DIA. 6" DEPTH 50'8" DECOMMISSIONED TO DOE REGS WAC 173-160-381 PARAGRAPH 1A PERFORATED 4 CUTS PER ROW, 1 ROW PER FOOT FROM 50' UP TO 4' FROM GROUND LEVEL PRESSURE GROUTED NEAT CEMENT WITH A 5% BENTONITE GROUT FROM BOTTOM TO TOP. CUT CASING APPROX 1 FOOT FROM GROUND LEVEL SHOE AT FROM GROUND LEVEL. TOTAL DEPTH DRILLED SURFACE SEAL DEPTH FT MATERIAL USED AIR PUMPED _GPM WITH STEM AT FOR HRS. STATIC SCREEN DIAM. SLOT SIZE FROM FT. TO FT. REMARKS nm Innma~ y c~a-i^+- caam~, v-Iv aln rz m ~ n mo -. az c ro cv~m~xa~zo~~~z Zak rl~*a>'' ~vzz> yt"'ao ~" Z erfii~im ~Qirfiim olyx_ ~"' ~~~~°g o xa zg$~cz~~szs;s my~ $°~~;t sm'zvl;~~°~,~'~mz~ „~~ ~'"~`n~A`~~z ~-ala y; °-~~cym ~ ~z ~z ov°m~ozg;i ~vti ~O>zZZ~ ~cmim~m~o°vgom~ ~ yoaobcmia~i~ ~Ao m~ g ~~i ~ m-`~' r~'a°~~z-1 n z -I°; ^~51C ~ n mins"~"p Ac~r'i* ~ -,r+in j~> '+o zC yym~~ m 'CA Or1n~~b°D~O 'y mZ ~'Inm~zm i2p~~aaOA-I '1~1a-i ~ Or+,Aln-•° ~~ V^m Or.l m ~~c rln n v ~N 'zo 7~ m ~nzm' a a o -,mgom~ya z a v"~ mz ~o nzir- ~ >na >a y ,~vm za ~ 2A grxs>zx~za~ '' yy' u~vm Nm ~' a"5m rr~~ ° ~~ rz-~azmmm~~oaz2,x,, ~z~ c<~n~ I > r-+ sm°rmLnA~m~nm°~y ~ r,,i~oaZ~g~ '~mc N~ n~ii~m r1 I ~~ ~naZA~'~zm<im Inp,r- ~~ ~ I~'-, avam"`~'~`~A mvaimm ~ i o~m°-I-~ nmZ ~za g maA I o Innln s ~vLn a ~~~ ~y ~_~ ~ z ~' v z z n A t ~~ oo~o~ ~ I ag c Inn'm^~~Imlzmm ;°v ~m.vmiai n~x~v~, ~Z~nz''~'+ ~ -+~ d#cnyo ~n I,I ~ z`"1' < I ~~^ ~AOamA°~''on m m „°, A .~ m9z en ~ i cn> ^Imin -ISSx OA > roam ~ aon AA °m tnyi c ~~g~N~gn~ ~~'^ ° ~ci v im izn n ~i x ~- ~ ^I'~' ^I A r imvm I az zs_n~~z:lyayyvln av a mar z >I~+II~l~iln ~AZ~,x-Zi ~ In~mm-rsj A ~r~n ti a > ~imAVA o '~'-Iwo n Amam z ~ z- ° i AYi m -, caln,'~ m ~_ .. In z ~,zv-o i ~ i ~ I'' °oazzA z~~ °uzi °~~ Amwx a'~m x~A~ ^:• vamg„'jzm -,~ yb o ~ \~Sym I a~ m~ ~~~'z~ <5i mzo -I~I~~vv m mp r'.;z~ gvn, mA ~i ny In:l omm m > "C o In ~xZ_-c I A> v,,,o~AU,ry~rA+l ° AI°nz z vmmX' A>~Cmi°iL~=m~$~O n z o~i~'~AO v>igz ~1 °z~ ~j I mz x m ya a+, > m ~-~AVa > ~ m!n'' Inrm s ~ °o~> :la-~ Oy z A~~ O I ° a~ "~~ rg~~o Noo ~m >~ AK'i~ vr -~-,v,cAA~ g 2~ c:~~m w A '~-~ r,l x a I A> r ~ yr mxA ~Fi- imrmm xcmam z n ~;,mm O ~ a°y°,~ I ~oA r~ymm~OZ• ~°z ~~> s~maaz sm a-~ny~Q~^'m-zio~ig ~ 02 °zar°+, ;AO b Z o An, a 1~,~ I to WrAa oy v°a vmz z n nzn~g~m='''\ AN mn, ~'?vz m A m~ ~ N I ~ mm ~n~s .~> ~z A o7nnS1~_ 5~~ ~rn+li~cglS+1 F ar ~~ °pA az vln I o> sp I+ILn~• z"S1oo 2,lnZ ,~ Invl'd a aosmi m n ~ ~ O Z mo I mA c °Ai A °In2 ° n s Ravi oA r r°AOai ° a r~i.:,- {_+,>r~„ m z om°~~ ~ ~ om o~~zAg~°aczA `n~c c~-zcln mn,$, ~ ~~ SAi~ _ °.ryi~r0i=+n~„ In~~ (~ y oo ~ s oai I' ti A Ina npmr x Ina pp n ~'IyOy I Znx, A ay~> ZOn>2 2~ ~O ~_ OI~+Z rZ+,~am-i ~ am yo~~2~ ~tno a• oaaz I °A cr -Iz~~`¢vmic~ ~ A mjoO czim g o om<y'z~ m ~•p m ~On ~ ~ I ~~ O~~nz-I°~AZV1A~p zr~+iz <aZa ~ umi~~~~ n,AF~ii~zz g~i~mC2~n~ o~~ ~ V a vmi~S ~ I -I~ ZpoQz^~pOZyn~~-+ I"IA',I~+1 ~~-~im mA ~yv>im~~l+l.~Z° #~n~oy'f~o'•''m ado Ind ~jln I 2i vA~r,A,zmn' yyn° my m°2a~A Inlp+,~n~inmro>AN~z ~ pOlrlc.+ rml -mi ~> ~ 1~ of °~°oc~ y ~m ~~zcz~vl"izmo~'cci mO~ ~iAZ~vAi va=x~~g~'m~~~a2 ~ mmm~~,°vv^~+z '4~ Q ai a~nzA 1I..~y o° r v Aamin nm ?ox <mmin °amm ilnozizr~ C "I'^~ z~ 1~ `~' ~ c~n~g~i J ~v °n~oZg$~Fmy~n ~g a~~~z ~or~iaa~~o ~zA~ ~ a~or~iwoy~ S~.g x ~ ~+ ao ~5 ~ in, c°vAi ~~1I goz grr~ -,a$~nz~ n -cgr'~+,z ~ xx~x "' ~v° o ^~+~°•vri I~ ° m~ Amy ymz., mg° A 'y I" ~nvmio0 D1 z sz ~~nA~tn<2 Inx ^r~ m ~,~ [~~ ommx gca ~ ~ l' F r o cm r~ ^+ a cr0A7~ Q z m n -i tmil~S=n2> ~ <~ =l~Imirytm~~aACam cn''tn ;~m~~!n ~AOyy mnAZZ m ~n~..~;nlO ~ ~] I `"mo=m y "' a~Z mo~yr~go<m umiz xa,, in m~z=loumi°~~ ~mx~'~~vt~m I oA ~o m -, ~~i-Im aam A Inv z $~ z~mO~m~~iac>< mz -mm+#AmOa ~°^' ~ O mx~~v ~ a ~~A~a~ov~'>~'` yo ~~°az m~g~~~~~oZ~~ j~~iNO1gm \ A m xrmA-I i~,z z ~^• a° In ^I ~o ocnn zm ~ +J I g~~zz om"o~~~za°m=+ im A~a~~ ai~~~o°y~c''~r~ ~N~~~e°>'' g ~ o~ ~ mpm r- -Irc -~ oA A yfo vmiAal- •d oo A O p~a2-, ->ni °~Ay Ar~* AZrO ~ Ny ~p~2~ ~~Cr>r-~j Ayyyr-i ~±AA~~~ ~7 ozmA o >cai~»smmo 2 ~,~ y~ovo oA~im~g}p,a~ v, ~ v~ a m maa~=c °m nmin I~+ A~2aa i n ~7 m °yrozi m ~ADo x~~°yxmQ,y'no y rr~~~ _ ~A'~y ~ ~ m z z a gzm°AO~A~O`"o~o Z Vl ~ n Inm ,S~ o$mi vF m p ~2 ~ 2 ZniO~Z O~ i~ z tn2 m 2 aaZaol n In ~2 y ~~~~~y~ AA~aza ~ y In ~ o-,cnA c > •t y o < < zo~y ~,I ~e o a gym„ oFOOminny~i~ as_s">~ ~' n o> o~ ~ z ~ F I c m n~ o A T-I ~ ~ o>~~ ~ ~ ^I m ° > ~~~ ~ ~ ~aFl z s ~ in v~o cnA ~ z~~ -c z ? z2~F~•cn -c o i A ,~ ~, °azr a ~ ~ m~ x g~• ~{tnn ~~~o m ~^ .•.. =.. ~ o i .. '<~ -.~~ .~ ~ z1,., yT V.I in < ^I{ ~ !~1 4asyyOmcn -I• jn y G j~ Y: ~ p 2u:_I ~ ` 3 ~ Z ~'vi vi ~Z= `*i1 '0 r' ZA ~ ~ A r ~ FF -I^~~'y~l F v_~i ,->,i C ra-tn O ~^ y°~nL I I ~ At A ~ AFFIn~°O-I m~y7~l~lr,: 2 I n ~~ A 2 x0a2ml ~ V1 p I ~ N m dim pp~Oyl I A > ~r ^~ 'C. y20 m~~OlA fm+,m l~1 OD ~ (/~~`J _ a^I m N znln0 c 2 2 I n m~ A ~ y°2z$I ~ A = °A ~ ° a~l>-FIx+12i I~ °m-C ~ 1` m I rA A -I °- is A Z m l ra-A ° A ~ °A I a mtD m m s»' ~m .' v i z o ~ m ~~'aam< ~ n x I i m ,, m a~i aml < ~ czi ~^' m ~ maranAilA,~oa ~c~ yb ~''{ m i z m~ m ~ o>xFZ°m °z ° z , > yi° ~ ~ ~tn~xO1 'I ~' x a <RAg$m~rs+f,2+,rom ~I.. /~+ vl I ° - A to vza z m l z m nni v>~zAl ~i g m a > a aQ zAcnm~^i M I z a°x ~ > ~"~=0, `-r.~ y , ° °a A o s°~~~ i I ~, ~ ~ v~i ~ ;~~~~zzzlC+,mZ~~ b ~ Z ,+, I o a o a I a on I I A to -r; A ~ I Zn~ In 0 2~oOim~ ~ I I A yr~ I~-n n ''A~~> I I H ~° 2~~-I°"~Imm~n'~mp'~' O ~l \~J ^~+ °mi v "'~mgxl , ~ zxl ~ =~m~zi i ~ g ~ ~DL^o~ A`^~~~a z ~ Zy I v, ~m ~ z s~°noi i y oA i o m~°~>~i i ~ A ag;mmaaamAO°v~ ~^ ~ I~ I -I pul I I~=1 I A F~yy I S A~I!n mZy •! p `~I, I a A-2i I ~ tngy~~l I ; z l > > > a l I = y ZOya Ay.~a mOAa ~ C a ~ m° o i c,,°~oN i ~ ~o l o >g~gmi i ~ o Ca~F~'o'`''a~g~oi~"~2_-, ~ ymi -at x p~~tnim$ I A~ a x ~A~Z~xOI N y rA+l ~~~CyOA$ Ary~2 ~ :CO I F ~ y x7 ~pm~ i ~ ~ a p ~~Z ~ ~ 2 ^~ >m2'~mlmn l'~lmavlm0 y> >A; ~i N~C2 a ai O to A~c ~ ° z ~ ay0 to ~ 2 O I a Omm• mm In m< '~ n Nmix> ~ to ~~IIJJ x °juli~A~~C~>t~~ii2a ~ ~ 'z a l c cz~ ~+ x ox I a m mmw m m o _a ~Ki ai n ~z I ~ o~i'Ia~°A ~ ~1Z i ~ °~-zic~ i ~ ~ ~ '~ztAZ~c°x~z°g^~y ~ p ~D i v X~~m~; ~a i Q pcn~v~° m A cn o ~Z~I+In~ v~a~~~ Z Z:~ 2 z° i N ~°mny~ 3'. ~~ i vx~i ~O"'~~ ~ m ~ '^ a a,Sl'"">°-i~,~>F~~ '-3 ~ 'z ~c~coa ?a I cvy~m ° m ~ i `n zia~czi°~,nl~+S>nml~i ~~ I rn Am02N ~ I Izil ~~m~ ao A ~ I > °i m ~~ 2r~ of ~ o°m~i~~ m~ z yoa~ a ~ ~ a ° ~ym~~~~~onz~ I i ~*+mm~i~ ° I i o~'imz z ~ A ~~ ~~h°~c~~~~°z o ? 'nyxz~Za IN y zyZO ~ -c ~' v ma~Aingn~cvAa ~mo~v~ ° u'ymo a I vmic~ ~ x m ~ ° ~m~z~^m ~ o ~z ~' z m i a~mom~~z~'~'~{a~ ~ ~zo m ism o I ca~l°nav~v~m~~°, c, g~~ ~ v~ ° mac v cm~g 0 0 4 ~ g $ zm ton ~_~ n ° ~ ~y y nO a a ~ 2 ~ .. ............. 2 2 I p A ~ ~r~1 i < r~ ~ o 'r~ .;O m m~ ~ I m I I m cn m m~ ~ z z ,~ '~ ~° _ ~'~ p;:0 m m [=7 f) i n I I O ~_ ~ r 2 O p-+ m ~+1 A m f,~ 2 ~ 2 o''t~ 1 I ~ pZ T`^J p Q r,'~ ~' _ 'p ~• ~.~ • ~' I Z I1 ~ ~ Imo., ? ~~` w~ ' ^~~'y N ~ b z ~ C c I ~ y C ~ ~ A ~ c ° vl c ° ~ ; ° ~ i ° ~`•, y~illa L*J -c 1 0 ~ b ° ~ ° ~ ~ ~ ~ L O ~ ~ J ~ ~ y ~ ~ I~ ~bR.......... ~ I A y y ° C~ I`~, ~, > O ~ O O C A ~C m A ~~yy ti ~ ti I a ~ ~ y1 ~ y 2 ~ ->i ~ ~ rSy I~ ~ =I rsi A rsj ~I o m o a n ~ I ~ ~' `~ `^ ~ ~ -I ~ vii vii ~ ~' vii C vii ~ cn ~ ~ ag A" I I g~ A °'z~v~'i I ~ a I ~3 °v i~ i ~C x y z 'v 'o^ ~ I i ~~ n n I I `'~ i m ~ ~ ~ C ° ° ~ z ~ I ~' ~ ~ g ; ~ ~ °a O °a b °s ~ ~ m y 2 ul C rA+l ~ I ~ ~ > m ..n ~ ~ ~ ~ A ~ O ~ ~'noA~ OZ r°.: ~ A j~ b ~ ° A Z 2 .... I I ~ I y I ru m~~~a ~° c Z i ~ ~ > ~ x ° ~ i i ~ I I 2 mxmc~i~ ~a a c° ! i ~ $~ ~ C r i i r i b t*1 m ^p Z r o yz i A ~ I I I~ I 1~y I y (~jl J O y ; C ~ ~ V cn ~ ~ ~ a T o ~ ~ ~ ~ ~ y S ~ ,~,/ D ~ N w N 2 -, ~ rr ~ r ~ ~ n ~ ~ . o ~ -~i c (p °' O Z s~k awro~ IZ c~c~c~c~c~c~c~c~c~ IZC /~ x~- i02OltJi~.GN-"ObODVOfN#f.~N-" 16~ / `~ n•I N / ~-12 ZN~1H W-~NNNb bCObb## b 1~1 u' N 0173'58` __ a ~; N 01'13_58` E N 0173'58" E 264Y•21 I° b b cn W N O fn O O b 0 0 cn (>t V O _ N OWOD# Inly N# 1324.16 ~ AA 1324.16 - - - - - - - - - - _ +' marn I Doc-:ooo+:oo+.--oooc,;o '{ z Amg ~ - ~- - ww~ ~~~ov##c.+ornboVN000wo IoD I ~°~°~ NII a~; ~~~ ~;,, c.+ooc„ I r~+0(nIVNOUiGO1Jfi000~o '~~ # a v m "!~~ Vi c,; ciN I~I'*1 a~bmoo cn0 •. n~0w ~000NO I-, ~' gz z~ NII I x~IZ,~ 2~~ au~v~al .. ,am I zozr~z VII I m `b'iz,, ~ g mm~x~°z mmm~ i ouuuaNC:~vNC.~c.,~oooo IA n'~,'' c A-~ r~ .,~' ° vac \ I ooooocno#cnoo#oooo g Aar I rn z -fig ~~: s c -, ~~# Ig ~z I r~.$,~n'+~ III I oN °yo oS~t° y°,A.,~',~c~ r $°o°o°o°o°ooo°oo°OOO°o°o°o°o ivci ''° C~ a p oV oc~ Ay~g~~ VVa(q jO yN ~-. I ,1A~'o~~ II I > ~ "~02NN ~Z+1DZ ~ 2 O ~Z bNVOO It/1 -. I- ~N y I nQi$zo I ~ Zug `' ~: :.. ~TJ o ay~02 Ap00 #~'IyOalAn NO-~# i~>Zl NVNObbtN4bVVVW~GV I~7mS aA ~' O O 2.N of 11 _. 2 O z O `I' ZO :~ {-/ ;A~~~ Icy O-~O-~NNrNNONONCnrO I-i N'~ ~mZm of 30 I ~ 9z~; ~ {.} °~ :.. N°Z ~~c~ ~^+ bNw+tnvvrVrwN##ooa x °A y °~~o'r mZ~ rll I z !'r+12 ~ yz~ .•~ SZ~o~# a~ O Or~+l. \p °~ II ~ I m hfk.FiE:Rii 'S i;A~fY•-: tv /J ~ ,.~ 2 -• pi+t p ~ ~,' 2 2 N 2 ~ II $ 'i ~ri:: a :ti ; :?.°F:::O~e:c: i:; / 2 .. ~ + In A ~ D ~ ' O mz"'z ; ~O ~ ~; m ~ 2 n o I `'~''""~ "'' WELL N 01'13'58" E 641.77 I ~ ~ ~ 511.27 (N 01174 20" W 642.75' DEED) N y No Z ~ ~ ~ y ° ~ -_zi II L4 I 5700 57.00 57.00 57.00 57.00 57.00 57.00 c°n ° ~ 2 ~^ ~" 2 o I ~.. 76.68 25.50 30.50 100.00 ~] Z r. z # A ~ m II I~ °' '" ~ ~ In nU• ,U, ,U, U U lu u l ~ ml $ dl a ° In z~ I ° Iw a m rn m °' y a y rn ° ~+ y ~.. ~., o 0 o N .. tD'' m o z_ I rn b N' QI a to I I o a s n r ni z I~! b U r° O1 m w °f o0 0, ~ rn ~~. U U ~ U o#i ° W F A Q z° z 2 I m N rn r o0 0, W r o~ rn v -~ $ rn a ~~ °f oo V w I ° I In ~-• b r'1 ~ ZD 2D b IGi In V 7 b .A' b ~• r: b b " ao U OI ~ _r au ao O ~ ~ $ mI °a~czi Ilr m~.,ooo'y ~qy ~~, ~a ~rn ~+b {; ,. rn ~ N I ° o o # I~ o N ~ ~ $ ro ;~ ~ $ o In ~ $ o In •f w $ o A~ ° °' vi " rn ~ W / S 017358" W I °~ urn m m ~ ~; v 7 I 99.73 ~ s Roca ~ ^' "~ rn m I u ~•, ... I z •' I 2732 57.00 57.00 57.00 57.00 57.00 - ~ ~ / ~ 7 ' OI ~ ~ 0 $ ' 0 5700 • ~~ ••, N I 'I "' `~ D URANT DRIVE SE - - - I • S 01,358" W ~ S 017358" W 429.71 "' ~ ~~ w 99.46 In .~ ~ ~--------------- N ~ s0 ~ 2 ~ ~ 272.99 .~ - £D ~ I $ u 2 Im m~ Ir a ~-_-138.85 -- ~ N U rn °'o ~] I ~ ~ [~'j IIaN o (HEREBY DEDICATED FOR PUBLIC USE) 0 0 ~ ~+ ~- o Go 1 \ N I ~ ~ y $ 0 7i - - - -87.58- - - V 60.0_00 35.00 I ca o ~+ 35 00 60.00 4•~ Z `r-~~ ~ ~ U' O = I ~ ~ ~. ~7 - - - - - -~ \~ 2 •7 --- - •- - - - - 60.00 - _Z l0 Z ~ S S 01'1358" W ^I m S I N N b a ~ I I~ i 8.85 s~ ~s"~o yir w• a 75.00 ~ y L O~ O 11 O B I ~- z N D p in •W is '~ yiS ~ ~W V ~" N .v ~. ~ ~ ,~C o IijI~Z~ 0 1~. V ~_. \~ 1 - ~, ~o/y/~~~,yyr~~ s c .. ~ mm ~ I rn IN j !-~ .. ~ i"'~ r ~ ~y Ir r ~"~` z ` ~ u ~~•~ p° N m C~j ~,/~1. O I L ~ a II\#p °I~ aD ~ C v O#i i7WZrr0--~ o#•i Oo ~ IV I VI .o+A\ # V f•w V ~ -. fL t~ N 1A ,V O o y _• ~ I -c '' I ~IW!~ UI cn $N .. ~~$pO I~ ~ w ~ ~m O V~ va o :,q rn •~ 2~ ~ ?~ ~ o.. ~, o~ z ~y rG~, ~ m N ~ ° ml b oo N N w O c r I ~; U H I m o~ ~ o N o ~•, $ N o ~„ $ o au ° r: '~ S 01'13 58" W N I a a y z II~n2 I~; ~ F ~ ~ m ~^ .U. I 25.5 I 30.5 ~ ~',~, ~ F •,~~ ~ ~ ~ U ^' y fA N •°.' 0 7777 Z I ~ ~ I ~ ~I+m I~ F U ~ ~ ° N ~ ~i w I o~ ~' I N ~ ~ N dp ~ UO ~ N F O 2 I ni 117.90 60.00 58.83 Ib 25.80 30.70 60.66 60.00 60.00 60.00 ~ ~ O 2 ~ -aC u' I o 272 72 I x ~ I ~ ~ N 017358" E 459.31 ~ 186.59 ~l y 84.77 ~ w ~ 5 ~ ~ '~ ~ S 017358" W g 1r A~ III r :~ ( 01'0420" E 450' DEED) ~T ,~y yo • o U ~ ~ Z I o ow ll`"0° N / `\ - ~-_-,- ---~.'~ ~ 112.95 ~ `'~ ~ ~ ~ ~ ~y IIuNi~ y I ~\ ~ \' ~ ~\~`.4G: .{.1 A ~ N 0173'58" E ~S' ~i ~ ° y ,~ I to ~ o 'N ° // \ ` ti0:.i:F:F'::'S :'ii-.'i:i:ei ~ (S 010420" E 113.4' DEED) ~ b ~. ~ ~ ~ m y II r • m ( \. \, 'y ` ~,7 ~~~,~ ~ u m v o~ ~ L, N ~, OJ I ~ I \\ i/ ~ ~` y'~\a ~ ` a „~ ~'2 ~ '~ are +,zm zs a ~ y y I ? n 0 • z~a ~a ~+za ~I-c~ ~~ z~~ ~ II ~ ~\ ~ea ~00'Q3~~~a` infix go F ~x v ~ aa~~ ao ~~S+1g ,- n. \ i y O y \ 0 v~ a r #~ ~~ma ay as w O~ I ~ 0 6 a°~ rr- A ~ '' Sy o~ i x~ y ~ \` ?s ~a ,y \ o'~`•~00 \` ~ ~''Z Z° ~' ~z wiz ~~~a as ~~° ~ ~'N ~J c;,l I `3\ `~ •s~ `~~00"T \• '~ ~i~$°,4~~iax~ w~H ~A'~ g~ ~~N z~ZA -oo ~a~ Q ~'m ~ ~. al ~'#o~i I \ / `PO .OLO'' ... ~" ?caica='~"' ENV ~'^ a s ~~~ r~axa •"'v ~~~ nO1,m ~ ~] ml ~opoz~ \ ~ ~ ,=ao ~ ~ czi~n_ ~~~ ~ ~ ~~_ zoFOZ m'' zoF A ~ a I ~C2AN0 I \ / \\ \\ 0'L4 r-~I~iIN7y~0 ~ UMy mfr f~j ~~' I+OjN~' m-i2Op0 ~-O~p ~I~+~j2 a ~'~ I c)AOOC 12 p ~ y^I[A Aotn f0 O xC ~Oy ~°^12 Nc rSy c'7 p ~` ~~11 :~ \ •' vs~~t < ~~~ a"' $ ~tp ain~ A~cA,; ~f :v vAi2~ n `~ NI ~cmi~~m rnl~ ac~m °s `\ •' ~' ty~ aor°.,~ya~° ~ -, °f~S y'4i~ ,, ~~ °~~ N"'a~ Na zo s O •Gp.l O°pOZ~ NIN ti<)+ ti~ ~ \\ 6~~ a~ O~Z~2n yA'~ ~ ~ -~ .1~1 -Oi 'y r+1~1Ay ~'~ ~Or ~ _--~'. ~~' 'YA• .. ~O J~' ~'go~-~a ~ z,'^p g S~' `xn~ ~zo~ ~~s~,~„ zmi~cn J aa~ ~ N ~ ~~ O rJ $ ~ m ~ oN °x n, m-Rica I ~-,ter., ~ o=4z Og` X30 0,~ Zay O ~~ ~'' ~~ y ~ ~~g~ ~ ~^~~ M ~ I V~ N ~\9 ~~~ b~~~a~ ~ ~A ~ ~ aoz~" gam ~°zm ? ogg a o N N# 1321.67 ~-F 2 2643.35 s~\ ~i ~-~ v`~zm~ ~~ i ° a~ ~g~ ~Aa~ ~ °xa o '~ N0177'09"E `O \ ~ ~ aWr~a~ °p~p '~' z zp~ ~T a pp'z ~+'o rA'I ~g~ acn N n ~>~ ~ ® ~ ~ ~~ ~~ rA+lal~l~'' rSy2 a -r2 Wr+i~ AO~a b ~On fit= Ur ~ ar- w. \ /~^ o _pva ~ z ~ o c_n,m °czz y ~° '~O~ !~, -in0 ~ II II II `J ~ `_, ~~ ~7 n1 ,~m2~ ~~ "1p ~1> py~1 ~~~O ~ Ya N~ r ov? 0 0 0~ Q ~ ~ y ~\ ~"/ ^~#cm~ mn 2in cC zz.y cg~'> ° °o~ ~~ ~^ °~ z a $ 7~ ~ ~~ ~ .~~ ~ "A' AAA ~'' ° ~ 'z~ vx~w ,-''iymi ~ w~'z Na o N o~ ~ n N2 00 ~'a Cr ~~\ 2 ~O f+t~ AAA N VII z ~ ;a~ y~z y ~ rO °2 w 2 rv m ° o ~' oA°2;;~ ~ x~ `~~'~ Z#Toy~] ~ ~ m as ~ ° Tcco ~-\\ zyoo? ~ ~, off' zs a m oA~ wo 0 ~ ~ o ° ~ ~ t ~r'.,O ~ ~ c ''vi oar- V ° -, a ym ro~b~a ~,.i .A „~~~ m r- O ~ ~ z pO z -.z ° toy ~ v',t~ V' ma~° c °~+ a o V Am O ~ Za # ~Z~ $ ~~ n 1 •ot p~ti1A~l C 2M O b~N ~ ~ OVNj L7~ a ;(a~ 'iC '~' ~~ z tn6 nV .•• - o a v v tybR........... o< m o; ~ ~ A 2 =~ Iv # N N After recording return to: Yelm Community Schools District No. 2 P. O. I3ox 476 Yelm, WA 98597 Attn: Erling M. Birkland MITIGATION AGREEMENT Reference No: SUB-OS-0343-YL Grantor: 1. John Lubbesmeyer 1151 East 112`x' Street Tacoma, WA 98445 Grantee: 1. Yelm Community Schools Dist. 2 Legal Description: Sec 24, T17N, R1E; 15132 Longmire Street SE Assessor's Property Tax Parcel Number/Account Number: 21724420800 THIS MITIGATION AGREEMENT ("Agreement") is made this a f ~ ~'` 2006 > , between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yehn, Washington (the "District") and John Lubbesmeyer (the "Developer") RECITALS A. The Developer has submitted an application to City of Yelm for the construction of a 19 lot subdivision, "Vista Green" 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 III 3871185 IIII Page: 1 of 4 IIII IIIII IIII IIII , IIII 0/061 IIIII 200 1 I IIIII 6 2 P IIIII I .J iliill II 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 Six Hundred Seventy-Five Dollars and 00/100 ($2,675.00) for each lot in the subdivision or the total sum of Fifty ahousand Eight Hundred Twenty-Five Dollars and 00/100 ($50,825.00) (the "Mitigation Payment") for the; 19 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 Six Hundred Seventy-Five Dollars and 00/100 ($2,675.00) per dwelling unit or Fifty Thousand Eight Hundred Twenty-Five Dollars and 00/100 ($50,825.00)) 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 tine 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. IIII 3871105 I VIII III VIII IIII PO 06~i 2006 f12405P Illilllllllllil IIIIIIIIIillllll YELM COMMUNITY SCHOOLS RGR $35.00 Thurston Co. Wa. 1 1. 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 an}~ other agreement either written or oral shall be null and void. EXHIBIT A LEGAL DESCRIPTION General Location: 15132 Lon,~mire Street SE Section 24 Township 17N Range 1 E Land Area: 4.55 Acres Tax Parcel Number: 21724420800 Description: 19single-family lots YELM COMMUNITY SCHOOLS DISTRICT NO.2 ~, : r,~_ `~t`` DATED: ~~ ~'; ~~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) By: Alan Burke Its Superintendent 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. GIVEN under my hand and official seal this ~'~-day of ~ ~~ ° ~ , 2006 ----- . 1 ,~~~,~~~~ ~a~ ~~ ~ ~ ENSA ~'h '4 ~~ ,........Q ~~i r~ ~ •®~~~t ~~~ ~:p'~' '~~ ';~ ,~ '~ L1"--. . ~ ti~ ~ i ©• ~ r 9trar • C I•~~~Y S.,. ~y • ~S o c~~-c u^r~T~ (~F ~.,~~ ~~~~trWCate~"s NO_~PUBLI~ in and f r the State of was mgton, residing at ~ah~) My Commission Expires: (p- ~~ ~--D~ 3871105 II IIII PO 06,~23o`of12405P IIIIIII IIIIIIIIIII IIIIIIII IIII IIII II (IIII III IIII YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Ca. Wa ~ ~ ~ DATED: `~~"{~~ STATE OF WASHINGTON ) COUTdTY OF •I~"'' ) ._..~ d _._..__ $ John Lubbesmyer Its: Developer I certify that I know or have satisfactory evidence that~~ '' ~ > > - is the person who appeared before me, and said person acknowledged that he signed this instrument, 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 2ti t-~ day of `_~~te~~p'r~~ , 2006. P~~i;-1~l~Ak. BEYER NU~~~~',~l' FIJ~~_IC STPTr ~'~ ~4'~'AShINGTON CC,' ~ ~ Yf'IF;~S ~-~ ~ %007 NOTARY PUBLI in and for the State of Washington, residing at y(<j t°Yl My Commission Expires: ~- ~~ °;.~`r IilllIVIIIIIIIIIIIIIVIII 3871105 IIIIIIIIIIIIIIilllllllllllll Po 06!2006 f 2405P YELM COMMUNITY SCHOOLS AGR $35.00 Thurston Co. Wa. LANDSHAPES NORTHWEST, INC. 1151E 112TH ST TACOMA, WA 98445 PAY TO THE ~~ ~ (-.. ` ORDER OF _. - i WELLS FARGO BANK 11205 PACIFIC AVE S TACOMA, WA 98444-5525 4237 1s-es4nzso ~, ; ~ ~.-/4.1 ~~ - $1r :.~ ----- __ DOLLARS .-~ -; ~.- 11'00423711' ~:L25008547~:523956427011' , - _ ~~ r.- ~o~of TNf p*~r City of Yelm t ± ~ 105 Yelm Ave. W. • P.O. Box 479 4 Yelm. VvA 98597-0-179 (3601458-3244. Office •RYELM (360) 458-4348, Fax This stub ensures that your payment is processed accurately. Stmt 1 of 1 Page 1 of 1 ;'J 5-DIGIT 98597 II~I~~I„IT11~I~I~I~~I~T~11~1,~11~~1~~1~11~~1~~~11~~~1~1~1~~11 JEFFERY RE~NKE 15132 LONGMkj2E ST SE YELM. 61A 9851~l9.428 ~~ ' ,~ 1-` F-~ d ~~< <--~ 1 - ~F:.^-.VICE PADRES LONGh1IRE ST SE 15132 BILLING DATE ~ ~ ~ • o7io7io6 ~ os~o7io6 i $is.oo ACCOUNT NUMBER ~. 30-1126.00 Please Make Check Payable To 111111 Illu gill 11111 Ian Igll III qni q~ q~ q~ qq ql~ qGl qn lad ql nnh q~l qa Iql CITY OF YELM PO BOX 479 YELM WA 98597-0479 II,I,~I„I„I,I~I,I„I,.,III„„I,.I I,,,II~I„I„.II,I.,,II,~I L ~}-- ~ j-~ L~ 'l ~ ) 1 ~ li ~/ ~ 1 I,~ ~ 5 ~-.. + `~. t)