05-0058 FINAfter recordin~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-0058-YL
Grantor: 1. Merle Hom
Bella Housa Village
14948 - 89`h Avenue SE
Yelm, WA 98597
Grantee: 1. Yelm Community Schools Dist. 2
Legal Description; Sec. 13, T17, R1E; Mountain View Road SE, Yelm, WA
Assessor's Property Tax Parcel Number/Account Number: 21713340000, 21713340200
THIS MITIGATION AGREEMENT ("Agreement") is made this ~n-~af 2007,
between the YELM COMI~'IL~TITY SCHQ~LS I~ISTRICT I~TO. 2, Yelm, Vv~ashingt~:: ~t. e"Distric±")
and Merle Hom (the "Developer").
RECITALS
A. The Developer has submitted an application to City of Yelm fc~r the construction of a 52
lot subdivision, "Bella Housa Village" near Yelm, Wash. (the "Project"). 'I'he Project is located on
properly that lies within District boundaries, more particularly described on ]3~ibit A, attached hereto
and incorporated herein by reference. The Developer intends to impose <<n age restriction on the
residence in the development. This restriction will ensure that only individuals over the age of 55 may
reside in the development as per CCRs.
B. The State Environmental Policy Act, Chapter , 43.21 C R~CW ("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 reviewe:d to determine tlie nature
and extent of their impact on the environment. Impacts on public service:s, including schools, are
environmental impacts for the purposes of SEPA. SEPA requires the mitigation of adverse
environmental impacts.
3927463 Page 1 of 5
05/17/2007 11:10 RM pgreement
Tfiurston CountY Washin3ton
YELM COMMUNITY SCHOOLS DIST 2
I IIIIIII lii IIIIII IIII III II Ilil IIIIIII Iil~(I IIII IIII IIIII IIIIIiI ill i III Ilili IIII Ilil
C. The District's student population and growth projections indicate that the Project may
have an impact on the District, when cumulative impacts of other projec;ts are considered, if the
Developer is unable to impose an age restriction on residence in the development.
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. '
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 fi:es 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, if she is unable to impose an age restriction on the resid~nce of the development.
AGREEMENT
NOW, THEREFORE, in consideratiori 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 could Y~e a direct impact on the
District as a result of the Developer's Project and that this Agreement is ne~~essary as a result of that
potential impact. ~
2. Subject to paragraph 7 below, the Developer acknowledges a.nd 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,n75.00) fpr each lot in the
subdivision or the total sum of One Hundred Thiriy-Nine Thousand One Hundred Dollars and 00/100
($139,100.00) (the "Mitigation Payment") for the 52 lots of the subdivision. 'I'he amount referenced by
this paragraph is subject to change pursuant to paragraph 4 and 7 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 One
I-Iundred Thirty-Nine Thousand One Hundred Dollars and 00/100 ($139,100.00)) 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 Agree~nent, the amount due for
mitigation, as stated in paragraph 2 abave, shall be modified to the amount .reflected in the then most
ic~cIti mit;~a~ion agree~~.~nt i0 tiViiiC:i t::e £~istrict .S u N.'.:~t~;. A ccY}~ Cf SLiC~l ?aP??mgnt cha~t ~ie m~c~e
available to Developer upon request.
5. The District agrees to record this Agreement after it has been e:+cecuted by the parties.
6. The Developer acknowledges and agrees that, the Mitigation P;~yment is authorized to be
used for capital improvements to the following facilities: Fort Stevens El.ementary School, Prairie
Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond
Intermediate School, Yelm Middle School, and/or Yelm High School and/or az~y other facilities that may
be affected by the Project and/or the purchase of portable facilities and/or school buses.
7. The Developer and the District agree that the Developer is not liable for the Mitigation
Payments described herein as long as the Homeowners' Association Declaration of Covenants,
Conditions and Restrictions (the "CCRs") ensure that tlie Project meets the exemption contained in 42
U.S.C. § 3607 of the Fair Housing Act for housing for older persons; (2) that residents of each home be
no younger than 19 years of age; and (3) such restrictions remain in effect for no less that five (5) years
following final plat approved by the City of Yelm. Developer agrees to provide the District with a
current copy of the Homeowners' Association Bylaws and the CCRs, and any .~mendments thereto, upon
request.
3927463 Page 2 of 5
05l17/2007 11:10 AM Agreement
Thurston County Washin5ton
YELM COMMUNITY SCHOOLS .)IST 2
I II'IIII II~ IIIIII IIII ~III~I ~III'I~III' I~II~I II~I III~ IIIII ~~IIIII I~I II~I~ IIIII ~III IIII
f 1 .'.,
8. The Developer agrees that as a necessary condition to waivirig the Mitigation Payment
under paragraph 7 above that (1) the Developer shall obtain a Bond guarantee:.ng payment to the District
upon the Developer's default under this Agreement, (2) the Developer shall :naintain said Bond for no
less than fve (5) years following final plat approval referenced in paragraph 7 above, and (3) the
Developer shatl obtain the written approval of said Bond from the District.
9. 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 descri~~ed in paragraph 6. In the
event that the Mitigation Payment is not expended within those five years, th~; moneys will be refunded
with interest at the rate applied to judgments to the property owners of rec~~rd at the time of refund;
however, if the Mitigation Payment is not expended within five years due to ~ielay which is attributable
to the Developer, the Payment shall be refunded without interest.
10. The Developer waives and relinquishes its right to protest ar 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 lav~~suit, 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 co:lditions, on any ground or
basis whatsoever.
11. The District hereby waives any objection to the project as pres~n~Iy proposed. _ ~
12. The District and the Developer agree that the Mitigation ]?ayment will be full and
complete mitigation for the impact of the Project as presently proposed on the I)istrict.
13. 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 I?istrict.
14. If an action must be brought to enforce the terms of this Agree-ment, such action shall be
brought in Thurston County Superior Court. The prevai]ing party shall be entirled to payment of its costs
and reasonable attorneys' fees.
I5. This Agreement constitutes the entire agreement between ihe parties and any other
agreement either written or oral shall be null and void.
EXHIBIT A
LEGAL DESCRIPTION
General Location: Ivlountain View icoad ~E
Section 13 Township 1~ Range lE
Land Area:.10 Acres
Tax Parcel Number: 21713340000. 21713340200
3927463 Page 3 of 5
05/17l2007 11:10 RM Rgreement
Thurston County Washirgton
YELM COMMUNITY SCHOOLS DIST 2
I 1111111 III Illill 1111111111 Illl IIIIIII llllll Illl llll llllt ~ll)111 lll Illll llili llll Illl
YELM COMMUNITY SCHOOLS DISTRICT NO. 2
'C•'~ ~
DATED: ~ ~ t ~ f ~ ~ ~
By: Alan Burke
Its Superintendent
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
~ I certify tliat I know or have satisfactory evidence that Alan Burke is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community
Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
GNEN under my hand and official seal this ~ day of , 2007
-~
~-,~-
r `~..~~~\~~~,y .
~7~~ °'~,~ NOT PUBLIC in and o• the State of
~ ` ~~¢' S'9 ''- Washin on, residin <<t ~
~~v ~
I , ~I
1 ~ I
l ~ . ~1 ~1
~ ~ 1
~
•' ~ i '•. ~ mission x ires:
Q- . .~~ ~ ro My C~m ~
~ ~ : ~ pSAF~Y ~: ~
s ~
,
~ U :O ~ e~ i i
i ...J :U ~° G...~.~ ~
I ~e ~ (~ ~
~ ' ~Ug ~ ~
~~ o a ~ ~ o
~fF,~/~~•'se•.~°~g.o' `~~.~
~ d
P~~~q'` o~ tleP°~~,~,°
3927463 Page 4 of 5
D5l17/2007 11:10 RM Rsreement
Thurston County Washingt.on
vFi M CoMMUN7TY SCHOOLS L~IST 2
DATED: 6~"~'`~I j~ ~ ~ ~~
STATE OF WASHINGTON )
)
COUNTY OF ~~ eZ2c-~ )
. -~-~t~~.~.-. /~v-~-1
By: Merle Hom
Its: Developer
I certify that I know or have satisfactory evidence that ~~,~~ t-(,~r-t 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 ~i'' clay of r_ 'Lt ~y , 2007.
-T
.. r,~
~ ~.,..,:;\,~.Sd~~~4~~ I,~ f
• ,4.`` ..-; f..F;<•~:,;1 N ~ti., ~ ~ ~"`L' t= _ ~
"' :v.~` ~'" -~'d Ofi RY PUBLIC and for the State of
y~/- ', ~ 4+'~~'°a~~, Washington, residing at -~,a-;~.~•.~,~,~,~
~~ ', My Commission Expires: _ 1 ~- 2,5 -~~~
. y
, `~:X i. S ~ ,'~: ~ .
~~J„y '''~\ '`,/!,~...i`;.% /t`, k',~,~ _
~~~f'~ . ~~ ~ r .: k~t ~F~e
; , ~ ~-•~i
:; s . ~ e , ~. : ., ~,~ ~~.
, e C 3 ~''s @,': `' 'Cv.',~i
3927463 Page 5 of 5
05/f7/2007 tf:i@ qM Agreement
Thurston County Washirgton
YELM COMMUNITY SCNOOLS DIST 2
I IIIIIII III Illlli IIII Ililll illl liillll IIIIN IIII NII IIIII IIIIIII Ili llll( IIIII Illi IIII
BELLA HOUSA VILLAGE, LLC
DATED MAY 13TH, 2008
ESTIMATED HOUSE PLAN
LAYOUT ON LOTS; 7,13, 18, 31, 45, 46, 52 ~
PER THE REQUEST OF CITY OF YELM COMMUNITY PLANNING DEPARTMENT
ENCLOSED IS NINE (9) PAGES OF PLAT AND BUILDING ~ LAYOUT
CONFIGURATIONS AS DETAILED. THE5E DOCUMENTS ARE NOT SITE
PLANS, AND ARE NOT TO SCALE, BUT ASPECT RATIO IS CORRECT. THESE
DETAILS DEPICT AN ESTIMATED AREA CALCULATION OF HOW A
BUILDING MAY BE CONFIGURED TO FIT ON A SPECIFIC LOT. THE ACTUAL
BUILDING ENVELOPE MAY VARY FROM THE SHOWN PLANS, BUT WILL
MEET CURRENT SETBACK AND UTILITY EASEMENT REQUIREMENTS AT
COMPLETION. A SITE PLAN WILL BE SUBMITTED TO THE CITY OF YELM
FOR REVIEW WHEN THE ACTUAL BUILDING ENVELOPE IS CREATED.
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Ci ty o f Ye l m ~ e Received
By
Fiie No.
APPOINTMENT REQUIRED FOR APPLICATION SUBMITTAL - Please call 458-3835
Subdivision Name ~~~;~Ct
Case # and Name of Preliminary Plat Approval ~~-U- ~~- ~uJcU - l~~
Tax Parcel Number(s) alI ~~ ~ 3~ GODO ; 02 ~7133 ~{DaO~ ~~C-~ /7G>
SUBDiViDER
~~f(~ uaus~ vr'~~~~i~ , L~.G
Name
Address
Phone
Fax
E-mail
PROPERTY OWNER(S)
Name /~~
_ ~j~~l Li l`T~tnS~i ~P ~~~~°f'j L~C
Address
_ i ~~1 'fk- ~ 9 `~~ S'E, ~--~ w. -
Phone
Fax
SURVEYOR
~. T2~t- ~ ~}-SS6C.
Name
~d~~~ ~~K~
Address
i~, 0, b~v t~ ~ d~
~'~1~, ~v/-~- ~~~"9~
Phone Fax _ .._
~.sk-~~°~~f
E-Mail
ENGINEER
~o~°~' CahSul~~rh~, ~n9~~~~e~
Name ~'
~od ~e~t Kol~m~ . ~? ~-.
Address
~.~o - 6 G`,~.5~ ~'u~fe 3b5
~ a c ~e y, ~,~ ~8s~ 3
Phone Fax
_460-7~f37 ~fbd-7~fSb a9~-7o73v ~~~?-7~31
E-mail m~rl,~ I~nm @CD`nCas'~.he(. E-Mail ,~jD,~.~j0l~D~~ ~~P'~"~, eOY+"~
LAND USE BREAKDOWN (Calculate to the Nearest Hundredth)
Total Acreage
Number of Single Family Residential Lots
Nu^;ber of Camme~cisi ~c!s
Smallest Lot Area
Total Acreage in Open Space
Length in Public Streets
Length in Private Streets
Number of Multifamily Residential Lots
~umber oi Industriai Lois
Average Lot Area
Fee in Lieu of Open Space
Total Acreage in Public 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 piat
submittal unless a written waiv~r 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.
I05 Yelm Aue~iue West
PO Box 479
Yelm, WA 98597
(360) 458-3835
(360) 458-3144 FAX
www.ci.yelm.wa.us
. _ . .. . a 1 a+'J
n~rU 4~~ r~~~ Y, UU~I/~.1U~1
3b0.45$.b'[16
FAX: 36D, 456.6434
401 CoA~sAve, NW
Pd 6ox ~.76
DE5IREE' M~CONNECL YE~M, WA 96597-04.76
FAC1LfT1E55ECRETARY Dcsfrce mcconncl!!~}tS.wcdnct.ulu
Apri128, 2008
Attn; John
Fax: 3b0-4S8-3144
RE: Mitigation ~ees
Subdivision Mounta.in Shadow; of parent parcel Na. 22718440100 & 227184406D0 at
9045 & R221 SE Wilkensen Rd, * e;ollow7ng mitigation fee's have ~ been paid; lots
71, 7~, 76, ?7, 78, 79, 80, S 1, & 82.
~ubdivision B~IIa Housa Village; of parent parcel No, 21713340000 &? 17I3340204 at
Mountain View Rd S~.
This subdivisian is not subject to mitigation as long a.9 their covenants require that no one
under the age a~' 19 allowed to live ir~ deve~opm~t. Re#'er~nctd in ivFitigaticn Agrcrrnent
dated OS/17/07, recording No. 3927463.
If you har~e any questions. please feel free to call me.
Thank Y
l~esiree' I~/lcCanr~ell
Facilities Secretary
YELM COMMUNINSCH~OL515AN EQVAL OVDOP.TI/NiN EMPLOYERA~ID FULLOWS TiTLE IX RE~VIREMENTS.
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FROP1 : GEORr,E HOf1
FAX ~JO. : 36~9437437
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Apr. 24 2006 09:2~AM P1
KIIV~ WYMAN
THURSTON CUUNTY ~ AUDI,TQR.
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Issued to: G~orge L, Hom
. 2218 Blo:~somwood
Olympia, WA 98502
Date: January 2l, 2006
The Plat name, Belta Ho+~sa Vitlage, has been reserved for
future use by George L. Hom.
I certify that I have checked the records of previously issued and
reserved map names. ThP requested name has not been
previously used in Thurstan County nor ~s it currently reserved by
any party.
This reservation will expir~: on ~anuary Z1, 20Q7, one year from
issuance. It may be renewed one year at a time. If the plat/map
has not been recorded or the reservation renewed by the above
date, it will be deleted. ~
~~L.r~1 ~1 ~.1 l1 ~:.I ~ V
/ ~
. . .. ~ri~~~ V /~ / r y _ ./ J
, F~~ L /1 "~x~ ' - ~C-- .
Fieather Hirotaka ~~~@`-~""~v~ "
assistant Records Manager
_ Please prPsent this ce~rtificate ~t~ the time of recording.
?000 Lakcrid~e Drivc SW, Qlympia, Washin~~on 98~02-6090 (360) i86-52?4 ~
~~~ FAX t360) 7Ho-5223 E-mail auditorCto.thursrotl.wa.us -+.,,,,,:i~•i r~:,~~.
y •:.
Page 1 of 2
BELLA HOUSA VILLAGE, LLC
Hearing Examiners Report
Comment item no.'s # 11 -# 18
Final Plat Process
Dear Community Development Department,
Please review item # 11 -# 18 on the hearing examiners report dated Sept. 9`h, 2005, and how we
have addressed these specific requirements.
Thank you.
Sincerely Yours,
Merle Hom, Managing Member
Bella Housa Village, LLC
(360) 400-7437 office
(360) 400-7450 fax
MerleHom(cr~,Comcast.net
********************~************************~*****************~x********
Assurance of item no. 11 as follows;
BMP's were followed, and completed by Don Olson Construction. Stormwater
system was constructed per 1992 DOE Stormwater manual, and completed
without incident, and ar corrections by Don Olson Construction, General
Contractor hired by Bella Housa Village for infrastructure development.
Assurance of item no. 12 as follows;
Stormwater system was placed not less than 10 feet from the plat perimeter
property line as required. A stormwater maintenance agreement was completed by
our civil engineer, and included in the final plat application. Stormwater treatment
will be located outside the 100' well radius that is located in the southeast corner
of the plat. ,
i .
Page 2 of 2
BELLA HOUSA VILLAGE, LLC
Hearing Examiners Report
Comment item no.'s # 11 -# 18
Final Plat Process
Assurance of item no. 13 as follows;
All building structures roof drain run-off will be infiltrated into an approved
drywell, per each lot, and sized and placed accordingly to community
development guidelines.
Assurance of item no. 14 as follows;
The stormwater system is held in common with Bella Housa Village HOA, as
defined in the CC&R's. The specific fee assessments, maintenance and repairs
costs will be calculated using case-study data provided by City of Yelm
Community Development Department, and be reviewed for accuracy by others.
Assurance of item no. 15 & 16 as follows;
All fire hydrant plans were submitted and approved by Community development
prior to the Bella Housa Village construction start date. Fire flow calculations are
provided in the final plat application packet.
Assurance of item no. 17 as follows;
All lighting plans were submitted and approved by Community Development
prior to Bella Housa Village infrastructure start date.
Assurance of item no. 18 as follows;
Addressing map is provided in the final plat application packet for comments and
approval.
Please contact John Sailing with comments and corrections at; (253) 970-6763.
Thank you.
~ ~
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I, SAM REED, Secretary of State of the State of Washington and custodian of its seal,
hereby issue this
CERTIFICATE OF INCORPORATION
to ~
BELLA HOUSA VILLAGE HOMEOWNERS ASSOCIATION
a/an WA Non=Profit Corporation. Charter documents are effective on the date indicated
below.
Date: 4/30/2008 .
UBI Number: 602-827-708
APPID: 1147013
.~ STAT~
~~. 0~ Given under my hand and the Seal of the State
'
~ of Washington at Olympia, the State Capital
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wt~ ~~ Sam Reed, Secretary of State
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Bella Housa Village
FINAL PLAT PROCESS
Summary of how all City Council conditions of approval and SEPA mitigation have
been met:
We have a Mitigation Agreement with the Yelm Community Schools District. See
attached.
2. Lots 7, 13, 18, 31, 45, 46, and 52 configuration plans have been completed showing
how setback requirements have been met.
3. Each dwelling unit with the subdivision sha11 connect to the City water system. The
connection fee and meter fee will be established at the time of building permit
issuance. T'he water latecomer fees have been paid.
4. Cross connection control conditions as required are on approved plans and meet the
conditions of Section 246-290-490 WAC.
5. Hydrant locks on all fire hydrants have been installed as required.
6. All planting strips and required landscaping located in Burnett Road, Mountain
View Road, and in the open space landscaping areas have been served by an
irrigation system with a sepazate water meter and an approved backflow prevention
device. We had submitted a final detailed landscaping and irrigation plan with the
civil engineering plans which were approved by the City.
7. We have provided fencing restrictions for individual back yard fencing in the CCRs
and on the face of the plat.
8. Parking lot shall be landscaped with Type IV landscaping, and include standazd
driveway approaches.
9. We have a landscape maintenance agreement with a licensed company called
LawnPros.
10. Each dwelling within the subdivision sha11 connect to the City S.T.E.P sewer
system. The connection fee and inspection fee will be established at the time of
building permit issuance. The sewer latecomer fees have been paid.
11. We have designed and constructed a11 stormwater facilities in accordance with the
1992 DOE Stormwater Manual.
12. We are submitting the approved final stormwater plan with civil engineering plans
along with an operation and maintenance plan. The stormwater facilities located
along the perimeter of the site are located at least ten (10) feet from the perimeter
property line.
13. All roof drain runoff sha11 be infiltrated on each lot utilizing individual drywells.
14. The stormwater system shall be held in common by the Bella Housa Village
Homeowners Association. The HOA Agreement includes provisions for the
assessment of fees against individual lots for the maintenance and repair of the
stormwater facilities. SCA Civil Engineering Group has provided a stormwater
maintenance agreement for the Bella Housa Village HOA.
15. A fire hydrant plan has been submitted and approved prior to construction.
16. Fire flow calculations for all existing and proposed hydrants had been submitted
and approved by the City.
17. A lighting design plan has been submitted to the Community Development
Department and approved.
18. T'he addressing map is on the plat map prepared by E. True.
'I'H~JRS'I'oN COL1N'I'Y
.
SINCE 1852
KIM WYMAN
AUDITOR
Issued to:
Merle Hom
Beila Housa Vitlage ~
14948 89th AVE SE
Yelm, WA 98597 -
~'~~ ~~~~~ ~~~~~.~~~~~ ~~~~~~~~~~~~
Date: April 3, 2008
The Plat name, Bella Housa Village, has been reserved for
future use by Bella Housa Village.
I certify that I have checked the records of previously issued and
reserved map names. The requested name has not been
previously used in Thurston County nor is it currently reserved by
any party.
This reserv~tion will expire on April 3, ~A09, one year from.
issuance. It may be renewed one year at a time. If the plat/map
has not been recorded or the reservation renewed by the above
date, it will be deleted.
.~___..~ ~
t~___
Spencer Ryan -
Recording & Licensing 5pecialist III
Please pr~se~t this certificate at tl~e time of recording,
2000 Lakeridge Drive SW, Olympia, Washington 98502-6090 (360) ?86-5224
~ FAX (360) 786-5223 E-mail auditor~co.thurston.wa.us Recycled Paper
/t•.~
+
0 ~e= ~GEOMATiCS
~~i=Z°~i LAND SURVEYING
~' ~ ~2000
PO Box 2550 • YELM, WA 98597-2550 • 703 Yelm Ave. W. • 360-400-LAND ~sz~~ • FAX: 360-400-5264
June 2, 2008
City of Yelm
Community Development Department
Karen T. Bennett
PO Box 479
Yelm, WA 98597
Re: First and Final Review and Comment for the Plat of Bella Housa Village
Case No. SUB-OS-0058-YL
Geomatics' Job No.: 1627
Deaz Ms. Bennett:
Thave completed my f rst and f nal review of tlie abovementioned" pI'at. Attached, please
find an original copy of the map, sheets 1- 4, with my "red-line" comments. These "red-
lines" request additional information and/or edits. I have also included an original copy
of the closure report for the lots, tracts and road dedicarion. Many of the discrepancies
may be attributed to rounding errors and are not significant.
With the plat, I received a copy of Stewart Title Guazanry Company's Subdivision
Guazantee No. G-1578-37034, Order No. 117947-WJ, dated April 18, 2008. The Legal
Description of the original parcel of the plat is consistent with the Legal Description of
said Guarantee. There aze no easements, restrictions or reservations listed on said
Guarantee.
The wording of the Easement Provisions and the Dedication is consistent with past plats
approved by the City of Yelm.
I have enclosed Invoice #748 for the amount due of $600.00 for professional services
rendered.
I will not require a second review. Please contact me if you have any questions or when
you desire additional services.
Thank you for allowing Geomatics, P.S., Inc. to provide this professional service.
Sincerely,
Geomatics, P.S., Inc.
/'~.~Q_. /L _ ~~
~~~-rr---
Dennis Baker, PIS
Director
drb@geomaticslandsurveying.com
www.geomaticsl~ndsurveying.co z JUN 0 2 2008
'~CANNE~
, ~ oCo . c~~ o~j
---~o.
;r
~ Geomatics Land Surveying
P.O. Box 2550
Yelm, WA 98597-2550
Invoice
Date Invoice #
6/2/2008 '748
Biil To
City of Yelm
Gommunity Development Department
Grant Beck, Director
PO Box 479
Yelm, WA 98597
P.O. No. Terms Geomatics No.
Due on receipt 1627
ltem Description Hours Rate Amount
Peer Review First and Final Review and Comment for Bella Housa Village, Case Number
SUB-OS-0058-YL. 6 100.00 600.00
Please call if you have any questions.
Total $600.00
Payments/Credits $o.oo
Batance Due $600.00
Phone # Fax # E-mail Web Site
(360) 400-5263 (360) 400-5264 drb@geomaticslandsurveying.com www.geomaticslandsurveying.com
RECEIVED
JUN 0 2 1008
I
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Transmittal Letter
To: Interested Parties Date: May 19, 2008
Company: Re: Bella Housa Villa~e
Address: File No: SUB-OS-0058-YL
City, St Zip Name: Bella House Village, LLC
Items transmitted for:
~ Review and comment ^ For your records
^ As Requested ^ Other
Enclosed please find project information for Case Number SUB-OS-0058-YL, (Bella Housa
Village), preliminary plat for 521ots on ten acres. Please review and submit comments to the
City of Yelm, Community Development~Dep.artment,~on or before;June 2, 2008~'~--~
Remarks:
Signed: Karen T. Bennett
Community Development
(~\
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Page 1 of 1
Nisha Box
From: Jim Gibson
Sent: Tuesday, June 03, 2008 2:37 PM
To: Nisha Box
Cc: Tami Merriman
Subject: Bella Housa Final Plat Review
Nisha -
I hav~~wed the final plat application and have the following comments.
o The transportation impact fee specified on page 4 appears in error. Maybe not include the fee on
plat incase it changes.
o Is the Fire protection fee correct on page 4 or should we possibility not call out the actual fee
inc e it changes.
o e hearing examiners decision requires a submittal for certain lots. We went through this with
George before he passed away. Are we not allowing certain lots to have common accesses and
spec' setbacks? If we are, shouldn't we be labeling these on the face of the plat?
tor ter Agreement looked correct for form
0 ormwater Agreement needs to have the actual legal description inserted instead of referencing
~the "Plat of Bella Housa"
~._... :
That's it for the final plat review.
Jim Gibson P.E.
City of Yelm, Development Review Engineer
PO Box 479 Yelm, WA. 98597
Ph. 360.458. 8438 Fx. 360.458.3144
'im ci.,ve[m.wa.us
d
6/4/2008
~ ~_' \
~
Transmittal Letter
To: Interested Parties Date: May 19, 2008
Company: Re: Bella Housa Villa~e
Address: File No: SUB-OS-0058-YL
City, St Zip
Name: Bella House Villa~e, LLC
Items transmitted for:
~ Review and comment ^ For your records
^ As Requested ^ Other
Enclosed please find project information for Case Number SUB-OS-00~8-YL, (Bella Housa
Village), preliminary plat for 521ots on ten acres. Please review and submit comments to the
City of Yelm, Community Development Department, on or before June 2, 2008.
Remarks:
Signed: Karen T. Bennett
Community Development
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YELM CHAMBER OF COMMERCE
PO BOX 444
YELM WA 98597
SHELLY BADGER
CITY OF YELM
PO BOX 479
YELM WA 97597
ERLING BIRKLAND
YELM COMMUNITY SCHOOLS
PO BOX 476
YELM WA 98597
JIM GIBSON
CITY OF YELM COMMUNITY
DEVE~OPMENT
PO BOX 479
YELM WA 97597
CHIEF MARK KING
THURSTON CO. FIRE DISTRICT #2
PO BOX 777
YELM WA 98597
TIM PETERSON
CITY OF YELM PUBLIC WORKS
AMY TOUSLEY
PUGET SOUND ENERGY
2711 PACIFIC AVENUE SE
OLYMPIA WA 98501
Monday, Nlay 19, 2008
Final Plat App
5~ ~ q, vg Dr'st F~1~d. [ l~IC(1- A~I°~ i'c
, ~- -
~
YELMPOSTOFFICE ~ ~~~Ii~Iiiliililililiilii~Ii~IiII
~ bennis Baker
POSTMASTER j
1 Geomatics Land Surveying
PO Box 2550
I Yelm, WA 98597
- -- - -- - - ---- - - -
GRANT BECK KEN BECKMAN
CITY OF YELM COMMUNITY FAIRPOINT COMMUNICATIONS
DEVELOPMENT PO BOX 593
PO BOX 479 YELM WA 98597
YELM WA 97597
NISHA BOX
CITY OF YELM COMMUNITY
DEVELOPMEfJT
PO BOX 479
YELM WA 97597
GARY CARLSON
CITY OF YELM COMMUNITY
DEVELOPMENT
PO BOX 479
YELM WA 98597
MIKE HOLCOMB
LEMAY, INC.
13502 PACIFIC AVENUE
TACOMA WA 984440459
TAMI MERRIMAN
CITY OF YELM COMMUNITY
DEVELOPMENT
PO BOX 479
YELM WA 97597
TODD STANCIL
CITY OF YELM POLICE DEPARTMENT
PO BOX 479
YELM WA 98597
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
GLEN THARP
THURSTON COUNTY
COMMUNICATIONS
2703 PACIFIC AVENUE SE SUITE A
OLYMPIA WA 98501
\
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Bella Housa Village
FINAL PLAT PROCESS
Summary of how all City Counci[ conditions of rapproval and SEPA mitigation have
been met: ~
' 1. We haye a Mitigation Agreement with the Yelm Community Schools District. See
~~~ atta.ched.
~~ ~ 2. ots 7, 13, 18, 3 l, 45, 46, and 52 configuration plans have been completed showing
ow setback requirements have been met.
3. Each dwelling unit with the subdivision shall connect to the City water system. The
~connection fee and meter fee will be established at the time of building permit `~~ ~~~
O issuance. The water latecomer fees have been paid. ~-{ `~ Qb ,, ~~ L~-~~~
4.
~L~`
'~~' \~~5.
Cross connection control conditions as required are on approved plans and meetthe
conditions of Section 246-290-490 WAC.
Hydrant locks on all fire hydrants have been installed as required.
6. All planting strips and required landscaping located in Burnett Road, Mountain
~ t, View Road, and in the open space landscaping areas have been served by an
u.`~~ ~ irrigation system with a separate water m~ter and an approved hackflow prevention
`~ . device. We had submitted a final detailed landscaping and irrigation plan with the
~~/ civil engineering plans which were approved by the City. ~
?. We have provided fencing restrictions for individual back yard fencing in the CCRs
„_/~' ~ and on .the face of the plat.
8. Parking lot sha11 be landscaped with Type IV landscaping, and include standard
driveway approaches.
9. We have a landscape maintenance agreement with a licensed company called
LawnPros.
10. Each dwelling within the subdivision sha11 connect to the City S.T.E.P sewer
system. The connection fee and inspection fee will be esta.blished at the time of
building permit issuance. The sewer latecomer fees have been paid.
11. We have designed and constructed a11 stormwater facilities in accordance with the
1992 DOE Stormwater Manual. ~3 ~
a~~S~
~`~
Nisha Box
From: Dawn Breen [BREEND@co.thurston:wa,us}
Sent: Friday, June 13, 2008 12:37 PM
To; Nisha Box
Subject: RE: Bella Housa Village Plat
I have reviewed the changes and this project appears to be complete for our purposes. Thank you for the opportunity to
review.
Dawn Alene Breen
Thurston County Assessor's Office
3fi0 754-3355 ext 6383
05-0058 Thurston Cmts #1 052208
From: Dawn Breen [BREEND@co.thurston.wa.us]
Sent: Thursday, May 22, 2008 2:50 PM
To: Karen Bennett
Subject: Plat of Bella Housa village Su6050058Y~
Please note that the lot closure information which we received dated 5/1/08 does not
correspond with the information supplied on the face of the Plat for lots 24, 25,
26, & 27. Before a final Plat can be signed off by the Assessor, we will need
verification of accurate square footage for these lots.
~
The prefix for this Plat for parcel information will be 3386.
we would like to see the words 'Plat of' displayed in small print (or omitted) so
that the plat can be indexed and described as Bella Housa village rather than The
Plat of etc. If this is not done, then we will have to assign a different prefix to
match the alphabet for.'P'.
Rest appears to be in order.
Thank you for the opportunity to review.
Dawn Alene Breen
Thurston county Assessor's office
360 754-3355 ext 6383
Page 1
'T~-I~JRSTON COUNTY ~:IM WYMAN
SINCE 1852 AUDITOR
Issued to:
Merle Hom
Bella Housa Village
14948 89th AVE SE
Yel.m, WA 98597
~'~~'~ ~~.~~ ~~~~. ~1 ~~~~~ ~~~~~~~~~~~~
Date: April 3, 2008
The Plat name, Bella Housa Village, has been reserved for
future use by Bella Housa Village.
I certify that I have checked the records of previously issued and
reserved map names. The requested name has not been
previously used in Thurston County nor is it currently reserved by
any party.
This reserv~tion will expire on A~~-il 3, ~009, one _year from.
issuance. Tt may be renewed one year at a time. If the plat/map
has not been recorded or the reservation renewed by the above
date, it will be deleted.
_.__._~-_, _ .~.. _. ~~..
c~~
,
SpencerRyan
Recording & Licensing Specialist III
Please pr~se~t this certificate at the time of ~-ecordeng.
2000 Lakerid e Drive SW, Ol m ia, Washin ton 98502-6090 360) 786-5224
g y p g ( Recycted Paper
33 . FAX (360) 786-5223 E-mail auditorC~co.thurston.wa.us
City of Yelm
Community Development Department
P.O. Box 479
Yelm, WA 98597
(360) 458-3835
(360) 458-3144 FAX
Memorandum
To: Interested Parties
From: Nisha Box, Planning Department
Date: July 24, 2008
Re: SUB-OS-0058-YL, Bella Housa Village, Final Plat
Enclosed please find the final recorded documents for Case Number SUB-OS-0058-YL, Bella
Housa Village, 52 lots on 10 acres.
If you have any questions, please call me at (360) 458-8430.
Nisha Box
H:\CDD Projects\SUB Full Plat Subdivision\OS-0058 Green Village (AKA Bella Housa)~F'inal\Recording Docs\OS-
0058 Rec Plat Memo 072408.doc
~r
,:i,
eturn Address
it~r of Yelm
isha R. I3ox
0 Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
1. Bill of Sale for. Waler and Se~ver i"or Bella Housa Village Plat.
Reference Number(s) of Documents assibned or released:
(on pa~e of docum.ents(s))
Grantor(s) (Last name, first name, n~iddle initial)
l. Bella Housa Village LLC
2. Bella Ho~~sa Village
Grantee(s) (Last name, first name, middle initial)
1. Citv of Yelm
~ - .
Legal Description ( abbreviated: i.e. lot, block, plat or- section, township, range)
Parcel 1- The North half of the NE '/4 of the SE '/4 of tlle S W'/., of S l 3, T 17N, R 1 E, W.M.
Parcel. 2-The N~rth half of the NW '/., of the SE '/~ of the Su' %4 of S 13, T 17N, R lE, W.M.
Assessors Pronerty Tax Parcel/Accour~t Number:
21713340200,21713340000~ ~
402@559 Page 1 of 2
06f30120C~8 03:4p p~p ~liscellaneo~s
Thurston County Washington
CITY OF YELM
! IOlilll III IIIIII llll flllll IIII IIIIIII IIIliI IIII IIII Illll Iilll I!Illll III IIIII IIIiI IIIII III! IIII
;~
~~:
BILL QF SALE
THIS BILL OF SALE is made and eYecuted this..~~ day of ,~008, by and between Betla FIousa
Village, LLC hereinafter called the grantor, and the City of Ye~Municipal Corporati~n, hereinafter
called the grantee.
~~VTTNESSETN:
That the grantor, for good and valuable consideration, the receipt of which is hereby acl:nowledged,
liereby convey, set over, assign and warrant to the City of ~eim the following described property
situated in Thurston County, State of Washington, TO WIT: ,
Alt Sanitary Sewer line, STEP sewer system and appurtenances, Water lines and related appurtenances
lying within dedicated public right-of-~-ay and easements for the plat of Bella Housa Village, City of
Yelm Plat No. SUB -OS-0058-YL, as well as in the public right-of-way of Mountain View Road and
Burnett Road as installed by the Bell.a Housa Viilage Plat.
IN WITNESS WI-IERE~FF, said cor~soration l~as caused this instrument to be executed by its proper
officers and its corporate seal (if any) to be a~xed this :?~ day of `~-~-, 2408.
Belia Housa Villa~e, LLC
BY i"' r~-~h~ ~d~-r-~ .
(Signature)
I'r's ~'n-~~,...~. ~,~.: ~ ~-~-~.~~
(Tit1e)
STATE OF WASHINGTON )
) ss
CQUNTY OF THUR.STON )
On the ~S~c1ay of uwC. , 2008, before me, a Notary PEablic in and for the State of Washington,
duly commissioned and sworn, personally appeared to me l:nown to be the
Managing Member of Bella Housa Vii(age, LLC, and acknowledged tlze said ii~strument to be the free
and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on .
oath stated that she is authorized to execute the said instrument and that the seal affixed (if any) is the
corporate seal of incorporation.
WI the day and year frst above written.
System accepted this day of , 2008.
Notary Public • ~ ~ ±~~~ f ~=y` ~-,.._._
~tate of Washington ~
iJr~NIELLE D RAHM Notary- Public in and for the State of Washington,
r.';1` c;diUtMISS(ON EXPIRES Residing at `~ ~r ~
September 14, 2411
My commission expires 9 1 (
City of Yelm ``
By t~ + , ~
irector of Public Works
4020559 Page 2 of 2
C~6I30/2008 03:40 PM Miscellaneous
Th~rston County Washington
CITY OF YELI9
I~~~IIII III ~II~I~ II~~ ~I~II~ II~I'I~III~ I~~!') IIII II~I (IIII ~I~I~ ~III[I~ III II~II ~IIII I~~~~ lIII I~~I
~~
eturn Address
it,y of Yelm
isl~a R. I3o~:
O Box 479
elm, WA 98597
Document title(s) (or transactions containcd therein):
l. Wan~anty A~reemeilt for Bella Housa Villa~e Plat.
Reference Number(s) of Docurreents assigned or released:.
(on pa~e of documents(s))
Grantor(s) (Last name, first name, middte initiai)
l. Bella Housa Villa~;e LLC ~
2. Bella Housa Viliage
Grantee(s) (Last t~ame, first name, ~rAiddle i~itial)
1. City of Yelin
~
Lebal I?escription ( abbreviated: i.e. lot,l~lock, plat or section, to`~~nship, rnnge}
Parcel 1- Tlle North half of the NE Y4 of the SE '/ of the S W'/4 of S 13, T 17N, R 1 E, W.M.
Parcel 2=The North half of the NW '/4 of tlie SF '1 of the S W'/ of S 13, T 17N, R 1 E, W.M.
Assessors Property'I'ax Parcel/Account Number:
2171~340?00,21713340000(
4020558 Page 1 of 3
~J6l3(1f2008 03:40 PM Rgreement
Thurston County Washington
CITY OF YELM
I lIIIIII 111 illlll I(II IIIIII lill IIlIIII IIIIII IIII Iil! illll IIIII Iflllll III IIIII IIIII III~I IIII IIII
~
WARRANTI' AGREEIttlENT
KNOW ALL t1l~EN BY THESE PRESENTS: THAT
~ WHEREAS i~~~~G ~i~1S~ ~t'~f~~~', ~~~-~-- ((zereinafter referred to as the
~Qwner"~, has applied ta the City of Yeim, a politicai subdi~ision of Thurston
Cvunty af the State of Washington, (hereinafter referred' to as the "City"} for the
approvai by the City of a ce~tain plat of a subdivision to be Ecnown as ~'~(#k~
~-R~us~• 4~'~f~.~e. , a~apy of which pEat is aftached hereto and macie a part
hereof as ~Exhibit A", on which said plat are shown arsas af~ered by the ~wner to
be dedicated to public use as streets, alleys and other rights of way, and other
public fiacilities and impravements; and
VVIfHEREAS, it is necessary in the i~~erest af pubiic we(fare that the areas.
so offered ta be dedicated are to be constr~cted in accordanee 4vith the
sp~ecifications hereinafter set forth; and
VtfHERE, in accordance with the items Gf E~CV1f 58.'!7 aoZd Title 16 af the
YeEm Munici~at Cade, the City has adopted subdivision regufations which require
that al! improvements k~e constructed Fn a i~~anner consistent vtirith fihe City's
development regulations;
t~ow therefore, TO It~DUCE THE city to apprave said plat and to accept
the dedication af said areas as public stree~s, easemer~ts ar~d other
imp~ouements, the Owner daes hereby ur~condit~ona{ly promise and agree to and
with the City as follouvs:
1. The Qwner unconditic~naily ivarrants ta the City, its successars and
assigns that, far a peciod Qf 12 {twelue} months frorn tha date of final plat
~pproval, the improvements required to be constructed ~nd dedicated to
the pub[sc under the terms of the plat wilf be free frorri defects and that the
worK will conform with the requirements and specifications of the
Development Guidelines of the City. UpQn any breach of warranty, the
~wner agrees to promptly repair or repfaee ~ny defecfive work at na cost
to fhe City, and to provide a{I labor, equipment and mate6iafs necessary
therefore, at na cast to the City.
2. In the event the Qwner shalf faif or neg(ect to fu6~i~1 his ablig~tions under
#his agreement, ihe Gity shall have the right to constrc~ct or ~ause tQ L~e
constructed, repaired, or replaced pursuant to pe~blic adverttsement and
receipt and acceptance of bids, said street, utiti~ies and Qther
irnprovemen~s, as st~own on said plat, and the Owner sE~all be liable to
4@2@558 Page 2 of 3
06l30l2008 03:40 PP1 Rgreement
Thurston County Washington
CITY OF YELM
I IIIIIII III Illill IIII IIIIII Ilil INIIIP II~III IIII NN IIIII IIIII IIIIIII III IIIII IIIII IIII! IIII IIII
;r
pay and indemnify the City, ~pon compFetion of such construction, the
fi~al totaE cost to the Cit~r, includir-~ but not limited to engineering, legal
and contingent costs, tagett~e~ with any damages, either di~ect or
consequer~~iaf, which tli~ City may sustain on accaunt of the failure af the
Q~vner to carry out and execute a!! provisions of this agreement.
3, The obli~atrarts imposed or implied by this agreement shall not be
assigned, transferred or assumed fay any person ar entity thaf is not a part
of this agreement writhaut pr[or wntfen consent of the City.
~~.~. `~~--~.-~.
~~~ ~ ~
STATE OF 1/1fASHtNGTON)
} ss
CQUNTY OF THUR~TON }
r
Qn ~his ~s~~ c~ay af S~uva~.. , 2D(38, l~efore me, ~he u~dersigned, a
Notary Pubiic in and for the State of Washing~an, du(y cammessioned and swarn,
p~rsonally appeared ~~ c t~.. ~rom i~rho executeti the foregoing
instrument, and acknowledged the said instrument to bs a free and volunEary act
and cleed , for the uses and purposes therein mer~tioned, and an oath stated tkiat
she is authorized ta execute the said instrument as the Managing tVEember of
BELLA HOUSA !llLLAGE, LLC, a 1r'Vashington iimited liability company. Witness
rrty hand and o~cia! seal hereto a~xeci the day and year frsi abave written.
~
Given ~ncler my hanc! and seaf this ~~_~cfay o~ '~t~t, c~ , 2C}08.
~ G~
otary P~blic in and for the
S#ate of Washington residing in
Notary I'ubtic ~fi~'~~
Sfate of Washington commissic~n expires: 1 f
l~ANiELL~ D DAHM
MY c;OMMISSlON EXPIRES
_ 5~pt~mber 14, 2011
402055$ Page 3 of 3
05/30!2008 03:40 PM Rgreement
Th~rston Couniy Washington
CITY OF YELM
! if~llll II! IIIIII llll Ifllll llll IlIIIII I~IIII IIII IlII IIIII IIIII IIIIIII III lllll IIIII IIII! 11-1 !611
.eturn Address
'ity of Yelm
isha R. Box
O Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
1. Subdivision Guarantee for Bella Housa Village Plat.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Bella Housa Village LLC
2. Bella Housa Village ~
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
Parcel 1- The North half of the NE '/4 of the SE '/4 of the S W'/4 of S 13, T 17N, R 1 E, W.M.
Parcel2 -The North half of the NW '/4 of the SE '/4 of the S W'/4 of S 13, T 17N, R 1 E, W.M.
Assessors Property Tax Parcel/Account Number:
21713340200,21713340000t,
i ' 4020557 _ _-.___.-___ -r-___._-__---~--~
~h~3~to~~Co~nty~Washington Page 1 of 10
Plat Certificate
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII ~IIII IIIII IIII IIII ~
i
GUARANTEE - (CLTA Form) Rev. 6/6/92
GUARANTEE
SUBJECT TO THE EXCI.USIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER
PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF
THIS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO
GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY
NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT
OR PRIORITY OF ANY MATTER SHOWN THEREIN,
STEWART TITLE
GUARANTX COMPANY
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth
in Schedule A.
Company
City, State
```~,~~!';~~',S1.E ~GU4
,\iQ ~~~ PpR ~q2~,,
~ W ,~G t7'•, 5 `a ~9 ~.
... ,~ y*_~TF~,~<:c
~;~ ~ ,~:lrg'~Q~H tr` o ~°
= t "~a),~ s ~4~0•;
, c_'~r. ,,, !. errt.fi • ~t,~}~4t
.;~~rE;X:ASFj;;~~~: ~
'-;-r,;ayia;~,~~~.-
.f/(//,C/ '
President
4020557 Page 2 of 10
06/30/2008 ~3:4~ PM Plat Certificate
Thurston County Washington
CITY OF YELM
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional
other than as contained herein, please contact the company for further information as to the availablility and cost.
Page 1 0l
SoaraNee ~ 157~- 3 7 0 3 4
~TEWART TITLE
(iUARANTY COMPANY
In writing the Company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number.
- --
Ohu3~i~2008o0nty~Washingtonl Page 3 Of 10
4020557_ ~ GUARANTEE CONDI?1°"'°i AND STIPULATIONS `Plat Cer t i f ica te
-- _CITY OF YELM ~ _.____ _ __ _
i - -- - _ ~ -
1. Definition of Terms - The following terms when used in the Guarantee mean: - the name of the Assured any claim which could result in loss to the Assured within
(a) "the Assured": the paRy or parties named as the Assured in this Guarantee,~ -'the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this
or on a supplemental writing executed by the Company. != 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
(b) "land": the land described or referred to in Schedule (A)(C) or in Part 2, and = mortgage or said lien for the amount owing thereon, together with any casts,
improvements affixed thereto which by law constitute real property. The term "land". =,reasonabie attorneys' fees and expenses incurred by the Assured claimant which
does not include any property beyond the lines of the area described or referred to = were authorized by the Company up to the time of purchase.
in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate or easement in Such purohase, payment or tender of payment of the full amount of the
abutting streets, roads, avenues, alleys, lanes, ways or waterways. -' Guarantee shall terminate all liabilit~r of the Company hereunder. In the eweM
(c) "mortgage"; mortgage, deed of trust, trust deed, or other security' - ~ after notice of claim has been given to the Comparry by the Assured the Company
instrument. -' offers to purchase said indebtedness, the owner of such indebtedness shall Uans-
(d) "public records": records established under state statutes at Date of ~=' fer and assign said indebtedness, together with any collaterai security, to the
Guarantee for the. purpose of imparting constructive notice of matters relating to ~= Company upon payment of the purchase price.
real property to purchasers for value and without knowledge. = Upon the exercise by the Company of the option provided for in Paragraph (a)
(e) "date": the effective date. - the Companys obligation to the Assured under this Guararitee for the daimed
_' loss or damage, other than to make the paymer~ required in that paragraph, shall
2. Exclusions from Coverage of this Guarantee - The Company assumes no, - terminate, inctuding any obligation to coMinue the defense or prosecuhon of any
liability for loss or damage by reason of the following: '_~ litigation for which the Comparry has e~cercised its options under Paragraph 5, and
~° tfie Guarantee shall be surrendered to the Company for c~ncellation.
~a) Taxes or assessments which are not shown as existing liens by the records (b) To Pay or Otherwise Settle With Parties Other Than the Assured or With
of any taxing authority that levies taxes or assessments on real property or by the~ ~e Assured Claimant.
public reco~ds.
(b) (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 by (1), (2) or (3) are shown by the public
records.
(c) Assurances to 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, raads, avenues, lanes, ways or waterways on which
such land abuts, or the right to maiMain therein vaults, tunnels, ramps or any other
structure ar improvement; or any rights ar easements therein unless such prope~y,
rights or easements are expressly and specifically set forth in said description.
(d) (1) Defects, liens, encumbrances or adverse claims against the title, if
assurances are provided as to such title, and as limited by such assurances.
(2) Defects, liens, encumbrances, adverse claims or other matters (a)
whether or not shown by the public records, and which are created, suffered,
assumed or agreed to by one or more of the Assureds; (b) which result in no loss to
the Assured: or (c) 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
assurances provided.
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 cantinue the defense or prosecution of any
litigation for which the Company has exercised its options under Paragraph 5.
8. Oetermination and Extent of Liability - This Guarantee is a corrtract 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 ta the extent herein described, and
subject to the exclusions stated in Paragraph 2.
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;
3. Notice of Claim to be Given by Assured Claimant - An Assured shall notify
the Campany 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 siated 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 shalt in no case prejudice the rights of any Assured
under this Guarantee unless the Company shall be prejudiced by the failure and
then only to the extent of the prejudice.
4. 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,
nolwithstanding the nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured ' r
Claimant to Cooperate. - Even though the Company has no duty to defend or
prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at ~s sole option and cost, to institute
and prosecute any action or proceeding, iMerpose 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
(b) the amount of the unpaid principal indebtedness secured by the mortgage
of an Assured mortgagee, as limited or provided under Section 7 of these
Conditions and Stipulations or as reduced under Section 10 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.
9. 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 liabiliry 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. ~
(c) The Company shall not be liable for loss or damage to any Assured for
liability voluntarily assumed by the Assured in setting any claim or suit without the
prior written consent of the CompanV.
SUBDIVISION GUARANTEE
Guarantee No.: G-1578-37034
Order Number: 117947-WJ
Effective Date: April 18, 2008 at 8:00 A. M.
Subdivision Guarantee: $200.00
Sales Tax: $16.80
Total: $216.80
OWNERS: Bella Housa Village, L.L.C., a Washington limited liability company
LEGAL DESCRIPTION:
Parcel 1:
The North half of the Northeast quarter of the Southeast quarter of the Southwest quarter of
Section 13, Township 17 North, Range 1 East, W.M.
Excepting therefrom county road known as Mountain View Road SE on the East.
Parcel 2:
The North half of the Northwest quarter of the Southeast quarter of the Southwest quarter of
Section 13, Township 17 North, Range 1 East, W.M.
Excepting therefrom county road known as Burnett Road SE on the West.
In the County of Thurston, State of Washington.
SUBJEC7 TO:
1. General taxes: First half of entire amount payable on or before April 30, without penalty:
Year : 2008
Amount billed Full Year : $1,487.84
Amount paid : $-0-
Amount due 1 St Half :$743.92
Tax Parcel No. : 21713340000 (TCA 170)
Informational note only:
County Assessor's assessed value:
Land
Improvements
Total
(Affects Parcel 1)
~~~~~~~~
title guaranty company
~------- --- -- - - -~
4020557 Page 4 of 10
O6/30/2008 03:40 PM Plat Certificate
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIII) IIIIII IIII IIII IIIII IIIII IIIIII) III IIIII IIIII IIIII IIII IIII
: $157,550.00
: $ 0.00
: $157,550.00
SUBDIVISION GUARANTEE
2. General taxes: First half of entire amount payable on or before April 30,
Year : 2008
Amount bilied Full Year : $1,487.84
Amount paid : $-0-
Amount due 1 St Half :$743.92
Tax Parcel No. : 21713340200 (TCA 170)
Informational note only:
County Assessor's assessed value:
Land
Improvements
Total
(Affects Parcel 2)
: $157,550.00
: $ 0.00
: $157,550.00
without penalty:
3. Deed of Trust and the terms and conditions thereof:
Grantor : Bella Housa Village, LLC, a Washington Limited Liability
Company
Trustee : Chicago Title Insurance Company
Beneficiary : Olympia Federal Savings and Loan Association
Amount : $2,673,687.00
Dated : April 10, 2006
Recorded : April 12, 2006
Auditor's File No. : 3822766
Loan Number : 01-40276874
4. Deed of Trust and the terms and conditions thereof:
Grantor : Bella Housa Village, LLC, a Washington Limited Liability
Company
Trustee : Pioneer Title Company
Beneficiary : Olympia Federal Savings and Loan Association
Amount : $528,506.00
Dated : April 16, 2007
Recorded : April 18, 2007
Auditor's File No. : 3919692
Loan Number : 01-40280871
~~~~W~~~
title guaranty company
~-------- --- --- - .
4020557 Page 5 of 10
06/30/2008 03:4~ PM Plat Certificate
Thurston County Washington
CITY OF YELM
I IIIIIII III III'll IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIII'll III IIIII IIIII IIIII IIII IIII
SUBDIVISION GUARANTEE
5. Mitigation Agreement including the terms and conditions thereof:
Recorded : May 17, 2007
Auditor's File No. : 3927463
Between : Bella Housa Village, LLC
And : Yelm Community Schools Dist. 2
Note: Said agreement provides for fee of $2,675.00 to be paid prior to issuance of building
permit.
6. Agreement providing for Latecomer's Fees and the terms and conditions thereof:
Recorded : July 23, 1998
Auditor's File No. : 3167970
Between : City of Yelm
And : Erick Anderson and Debbie Anderson, husband and wife
Note: Latecomer Agreement for municipal sewer system.
7. Agreement providing for Latecomer's Fees and the terms and conditions thereof:
Recorded : July 23, 1998
Auditor's File No. : 3167971
Between : City of Yelm
And : Erick Anderson and Debbie Anderson, husband and wife
Note: Latecomer Agreement for municipal water system.
8. Agreement providing for Latecomer's Fees and the terms and conditions thereof:
Recorded : July 23, 1998
Auditor's File No. : 3167972
Between : City of Yelm
And : Erick Anderson and Debbie Anderson, husband and wife
Note: Latecomer Agreement for municipal sewer system.
9. Agreement providing for Latecomer's Fees and the terms and conditions thereof:
Recorded : July 23, 1998
Auditor's File No. : 3167973
Between : City of Yelm
And : Erick Anderson and Debbie Anderson, husband and wife
Note: Latecomer Agreement for municipal water system.
~~~~W~~~
title guaranty company
4020557 ~ Page 6 of 10
O6l3012008 03:40 PM Plat Certificate
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII ~III IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII ~IIII IIIII IIII IIII
SUBDIVISION GUARANTEE
10. Agreement providing for Latecomer's Fees and the terms and conditions thereof:
Recorded : February 22, 2005
Auditor's File No. : 3710562
Between : City of Yelm
And : Project Fore
Note: Latecomer Agreement for municipal water system.
11. Agreement providing for Latecomer's Fees and the terms and conditions thereof:
Recorded : February 22, 2005
Auditor's File No. : 3710563
Between : City of Yelm
And : Project Fore
Note: Latecomer Agreement for municipal sewer system.
~stevvart
title guaranty company
4020557 Page 7 of 10
06/30/2~~8 03 40 PM Plat Certificate
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII II~II I~II IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
SUBDIVISION GUARANTEE
The Company's liability for this report is limited to the compensation received. This report is based on the
Company's property records, and no liability is assumed for items misindexed or not indexed in the public
records, or for matters which would be disclosed by an inquiry of parties in possession or by an accurate
survey or inspection of the premises. This report and the legal description given herein are based upon
information supplied by the applicant as to the location and identification of the premises in question, and
no liability is assumed for any discrepancies resulting therefrom. This report does not represent either a
commitment to insure title, an examination of or opinion as to the sufficiency or effect of the matters
shown, or an opinion as to the marketability of title to the subject premises.
I certify this is a true accurate reflection of those documents on file at the Thurston County Court House,
Washington as of the date and time referenced above.
William L. Jones, Title Officer
~~~~~~~~
title guaranty company
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4020557 Page 8 of 10
06/30l2008 03:40 PM Plat Certificate
Thurston County Washington
CITY OF YELM
Stewart Title Guaranty Company, Stewart Title Insurance Company, Stewart Title
Insurance Company of Oregon, National Land Title Insurance Company, Arkansas
Title Insurance Company, Charter Land Title Insurance Company
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm-Leach-Bliley Act (GLBA) generally prohibits any financial
institution, directly or through its affiliates, from sharing nonpublic personal information
about you with a nonaffiliated third party unless the institution provides you with a notice
of its privacy policies and practices, such as the type of information that it collects about
you and the categories of persons or entities to whom it may be disclosed. In
compliance with the GLBA, we are providing you with this document, which notifies you
of the privacy policies and practices of Stewart Title Guaranty Company, Stewart
Title Insurance Company, Stewart Title Insurance Company of Oregon, National
Land Title Insurance Company, Arkansas Title Insurance Company, Charter Land
Title Insurance Company.
We may collect nonpublic personal information about you from the following sources:
e Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our
affiliates or others.
• Information we receive from a consumer reporting agency.
o Information that we receive from others involved in your transaction, such as the
real estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no
additional nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or
former customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf
or with whom we have joint marketing agreements:
o Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We
maintain physical, electronic, and procedural safeguards that comply with federal
regulations to guard your nonpublic personal information.
4020557 Page 9 of 10
06/30l2008 03:4~ PM Plat Certificate
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
rnay ~aKe any appropnaie ac~ion unoer me terms oT tnis uuarantee, wnetner or not
it shall be liabie hereunder, and shail not thereby concede liability or waive any
p~ovision 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 5(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 shali
not be liable for and wili 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 ~ourt of competent jurisdiction and
expressly reserves the right, in its sole discretion, to appeal from an adverse
judgement 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 ot 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 desirabie 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.
6. Proof of Loss or Damage • In addition to and after the notices required under
Section 3 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 possibie, 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
reasonabiy 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 judgement 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
reasonabiy 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.
7. Options to Pay or Otherwise Settle Claims: Termination of Liability - In
case of a claim under this Guarantee, the Company shall have the following
additionai options:
(a) To Pay or Tender Payment of the Amaunt of Liability or to Purchase the
Indebtedness.
The Company shail have the option to pay or settle or compromise for or in
10. Reduction of Liability or Termination of Liability - Afl payments under this
Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to Paragraph 5 shall reduce the amount of liability pro tanto.
11. 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 fized in
accordance with these Condftions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter.
12. 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 wauid 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 settie 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.
13. Arbitration - Unless prohibited by applicable law, either the Company or the
Assured may demand arbftration pursuant to the Title Insurance Arbitration Rules of
the American Arbitration Association. Arbitrable matters may inciude, 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 o~ 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 attomeys' 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, Judgement upon the award rendered by the Arbitrator(sj
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 A
copy of the Rules may be obtained from the Company upon request.
14. 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 shal~ 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 Presiderrt, a
Vice President, the Secretary, an Assistant Secretary, or validating officet or
authorized signatory of the Company
15. Notices, Where Sent • Ali 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 P.O. Box 2029
Houston, Texas 77252-2029.
4020557 Page 10 of 10 ~ ~ ~ ~~ ~ ~ ~ ~ ~ ~ ~
06l30l20~8 03:40 PM Plat Certificate
Thurston County Washington
CITY OF YELM Page4 GUARANTY COASPANY
eturn Address
ity of Yelm
isha R. Box
O Box 479
elm, WA 98597
Document title(s) (or transactions contained therein):
l. Declaration of Covenants, Conditions and Restrictions for Bella Housa Village Plat.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
l. Bella Housa Village LLC
2. Bella Housa Village
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
Parcel 1- The North half of the NE '/4 of the SE '/4 of the SW I/4 of S 13, T 17N, R 1 E, W.M.
Parcel2 -The North half of the NW '/4 of the SE '/4 of the S W'/4 of S 13, T 17N, R 1 E, W.M.
Assessors Property Tax Parcel/Account Number:
21713340200,21713340000(
4020560 Page 1 of 32 ~
06/30l200B 03:40 PM Covenant ~
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII I'lI IIII IIIII IIIII IIIIIII III IIIII IIIII lllll llll llll _- _
RECOJ[tIDIN~G REQUESTED BY, AND
Wk~N RECC~RDED,IVIAII. TO:
Merle Hom, Managing Member
Bella Housa Village, LLC
14948 - 89`~' Ave. SE
Yelm, WA 98597
DECLARATION OF GOVENANTS, CONDTTIONS, RESTRICTIONS,
AND RESERVATIONS FOR BELLA HOUSA VILLAGE
Grantor/Declarant: BELLA HOUSA VILLAGE, LLC, a Washington limited liabi(ity company
Gra.ntee: BELLA HOUSA VILLAGE HOMEOWNERS ASSOCIATION
Legal Description: PARGEL A:
THE NORTH HALF OF THE NORTHWEST QUARTER OF 'TI~
SOUTHEAST QIJ.ARTER OF THE SOUTHWEST QUARTER OF SECTION
] 3, TOWNSHIF 17 NORTH, RANGE 1 EAST, W.M., EXCEPT COUNTY
ROAD KNOWN AS BURNETT ROAD A.DJACENT ON THE WEST.
PARCEL B:
THE NORTH H.~1LF OF THE N~RTHEAST QUARTER OF TI~
SOUT`HEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION
13, TOWNSHll' t 7 NORTH, RANGE 1 EAST, W.M., EXCEAT CDUNTY
R(~AD KNOWN AS MOUNTAIN VIEW ROAD ADJACENT ON THE EAST.
iN THI_7RSTON COUNTY, WASHINGTON
Assessor's Tax Parcei ID#: 21713340000, 21713340200
OS/12108 7:56 PM
so~soi~a.z
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4020560 Page 2 of 32 ~.
06/30l20~8 03:4~ PM Covenant
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII __ _
DECLARATION
or
COVENANTS, CONDITIOiVS, RESTRTCTIONS, AND RESERVATIONS
FOR
BELLA HCIUSA VILLAGE
This Declaration is made as of this day of , 2008, by Bella Housa Viilage, LLC, a
Washington limited liability company, hereinafter referred to as "Declarant." ,
ItECiTALS
A_ Declarant is the owner of that certain real property and improvements located within the City of
Yelm, County of Thurston, State of Wastiington, conimoniy known as Bella Housa Village, referred to
hereinafter as "Be1(a Housa Village" or the "Properiy" and more particularly described in Exhibit A
attached hereto.
B. Declarant desires to create an association at Bella Housa Viliage to provide for the maintenance,
preservaiion, and architectural control of the privately-ow~ied pareels and Common Areas (as defined
below) within the cammunity and to promote the health, safety, happiness, and welfare of the residents of
the community. ,
C. For the benefit and protection of the Property, to enhance its va#ue and attractiveness, Deelarant
provides herein for a comprehensive system of (and-use and building controls within the Propert,y~.
SUBMISSION OF TIIE PROPER'I'Y TC~ 'i'HIS DECLARATION
Deciarant, being the sole o~vner of the Property, hereby makes this Declaration for the purpose of
submitting the Property to this Declaration, and declares that the Property described a6ove shall 6e he]d,
sold, conveyed, encumbered, leased, rented, occupied and improved subject to the fol(owing covenants,
conditions, restrictions, reservations, grants of easement rights, rights of way, liens, charges and equitabte
servitudes, which are for the purpose of protecting the value and desirability of the Property and shall be
binding on a(1 parties having any right, title or interest in the Property or any part thereaf, and shall inure
to the beneft of each owner thereof.
This Declaration sha11 run with the land and bind Declarant, its suecessors and assigns, all
subsequent owners of the Property ar any part thereof, together with their grantees, successors, heirs,
executors, administrators, devisees or assigns. Any conveyance, transfer, sale, assi~nment, lease or
sublease of a Lot in the Property, shall and hereby is deemed to incorporate by reference all provisions of
this Declaration. The provisions of this Declaration shall be enforceable by Declarant, any Lot Owner,
the Association, and any first Mortgagee of any Lot. ~
OS/12/08 7:56 PM - 3 -
~~snns.z
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4020560 Page 3 of 32
06/30/2008 03:40 PM Covenant
Thurston County Washington
CITY OF YELM
I IIII'll III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII ~III IIII
Article l. DEFINITIONS
Section 1.1 Definitions. F~r ti~e purpuses of this Declaration and any amendments hereto,
the following detinitions shall apply.
"Architecturcrl Control Conamittee" shall mean the Board, as defined below, or a. committee by
that name designated by the Board.
"Articles" shall mean the artic(es of incorporation of tl~e Association, as defined below.
"A.ssessments" shali mean a1) sums chargeable by the Association against a Lot, including,
without limitation: (a) general and special assessments f~r maintenance, repair or replacement of the
Common Areas; (b) special assessments against a Lot Owner for wark d~ne on the Qwner's Lot; (c} fines
imposed by the Association; (d) interest and late charges on any delinquent account; and (e) costs of
col(ec#ion, including reasonable attorneys' fees, incurred by the Associa.tion in connection with the
collectioT~ of a delioquent Owner's account.
"Assnczati~iz" shall mean the Sella Housa Village Homeowners Assc~ciation, a Washington non-
profit corporation, as described more .fully in Article 3, and its successors and assigns.
"Board'' shall mean and refer to the Board of Directors of the Association, as provided for in
Articie 3.
"Bl~lcrws" shall mean the bylaws of the Association as they may from time to time be amended.
"City" shall mean the City of Yelm, in the County of Thurston, State of Washington_
"Comrnorr Area" sha11 mean all real property and improvements described in Section 2.1.
"Commz~rrity" shall mean alt the Property within the Village, along with all the improvements
consiructed therein, the Association, and all other institutions and things serving the Owners of the Lots
therein.
"DeclcrrcmP' shall mean Bella Housa Vitlage, LLC, a Washington limited liability eompany, and
its successors and assib ls if such successors or assigns sl~ould (i) acquire more than one Lot from the
Declarant for the purpose of development, and (ii) be specifically assigned the rights and duties of
Declarant by written instrument in recordable form.
"Declara>.ion" shall mean this Dectaration of Covenants, Conditions, Restrictions, and
Reservations for Bella Housa Village, and any amendments thereto.
"Home" shail mean a stnich~re locaketi on a Lot which is designed and intended for use and
occupancy as a residence or which is intended for use in connection with such residence.
"LoP' shall mean and refer to any of the 52 numbered lots shown upon the recorded Plat Map of
the Properly. Ownership of a Lot shall include ownership of the Home and improvements no~v or
hereafte~ constnacted on the Lot.
OS/12/OR 7:56 PM
50750I7E.2
_4_
-- --- ~ -~ --- - - ------ '- --- -~
~ 4020560 Page 4 of 32
06/3012008 ~3:40 PM Covenant
Thurston County Washington '
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII II'lll IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
"Member" shal l mean a person entitled to membership in the Association pursuant to Section 3.5.
`~`Mortgage" shall mean a recorded mortgage or deed of trust that creates a lien against a Lot and
shall also mean a real estate contract for the sale of a Lot_
"~l~ortgagee" shall mean the beneficiai owner, or the designee of the beneficial awner, of an
encumbrance on a Lot created by a Mortgage and shall also mean the vendor, or the designee of vendor,
of a real estate contract for the sale of a Lot. For ths purpose of determining the percentage of first
Mortgagees approving a proposed decision or course of action, a Mortgagee shall be deemed a separate
Mortgagee for each Lot on which it holds a Mortba~e which constitutes a first lien on said Lot.
Mort.gagees shall have the same voting rights as the owners of any Lot subject to such M. ortgage.
"Notice arrd Opportiinitv to be Heard" shall mean the procedure wherein the Board shall give
written notice of the proposed action to ali Ow~~ers, tenanis or occupants of Homes whose interest would
be significantly affected by the proposed action. The notice shall include a generat statement uf the
proposed action and the date, time and place of the hearing, which sha.ll be not less than tive days from
the date notice is delivered by the Board. At the hearing, the affected person shal! have the right,
personally or by a representative, to give testimony orally, in writing or both (as specified in the notice),
subject to reasonable rulzs of procedure established by tt~e Board to assure a prompt and orderly
resolution of the issues. Such evidence shall be considered in making the decision but sliall not bind the
Board. The affected person shall be notified of ihe decision in the same manner in which notice of the
meeting was given.
"C?wner" shall mean the owner of record, whether one or more persons or entities, of a fee simple
title to any Lot and, except as may be otherwise expressly provided herein, shall, in the case of a Lot
which has been so(d pursuant to a real estate contract, include any person of record holding a vendee's
interest under such real estate contract, to the exclusion of t1~e vendor thereunder. Any person or entity
havin~ such an interest merely as security for the performance of an obligation shall not be considered an
ow~ner.
"Permitted health care resider~t" means a person hired to provide live-in, long-tenn, or hospice
l~ealth care to a Qualifyin~ Resident.
"Person" shall include natural persons, partnerships, corporations, associations and personal
representatives.
"Plat Map" sha11 mean the plat recorded in conjunction with tl~is Declaration which depicts the
layout of the Lots and Tracts on the Property. The Plat Map for the Property was recorded at Volume
af Plats, at page(s) , Recorder's File No. .._.,._____---_~~• records of Thurston
Coun#y, Washington_
"Property" shall mean that real property and improvements located within the City of Yelm,
County c+f Tliurston, State of Washington, commonly known as Bella Housa Village and more
particularly described on E~chibit A attached hereto.
p5/12l081:S6PM -5 -
so~sons.2
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06/30l2008 03 40 PM Covenant
7hurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
"Qualifiec~ Permanent Residenf' means any of the following persons occupying a Home: (t) a
Qualifying Resiclent; (2) a person l 9 years of age or older occupying a Home with a. Qualifying Resident;
or (3) a person 19 years of age or older who occupied a Home with a Qualifying Resident prior to ihe
death, haspitalization, or c~ther prolonged absence of, or the dissoiution of marriage tivitl~, the Qualifying
Resident. Foc purposes of this definition, "occupying~' and "occupied" shall mean staying overnight in a
particular Home for at least 60 days within a c~ne year period.
"Qual~~ijrg Reside~tt' means a person ~5 _years of age or older accupying a Home. For purposes
of this definition, "occupyin~" shal! mean stayir~g o~~ernight in a particular Home for at least 60 da,ys
witl~in a one year peri~d.
"Structure" shall mean any buiiding, fence, wall, pole, driveway, walkway, patio, swimming
poal, ar the like.
"Tr~nsition Date" shall mean tl~e earlier of the following: (i) khe date on whicl~ the votes of the
Class A members of the Association equal the votes of the Class B member or (ii) the seventh anniversary
of the date of recordin~- of this Declaratie~n_
Article 2. COMM(~N AREAS
Section 2.1 Description of Common Areas. The Common Areas, as shown on the 'Plat
Map, are comprised of the foi(owing:
Private Common Areas: Tracts A, B, C, D, and F.
Public Common Areas: Cul-de-sac /center Islands and al) landscaped strips between the roadcvay
and right -of-way
Section 2.2 Dedication of Common Areas. Declarant, by recording the Plat,
dedicates and conveys the Common Areas to the Association.
Section 2.3 Use of Common Areas. Each Owner shall have the right to use the Common
Areas in common with al! other Owners, subject to this Declara.tion, the Bylaws, any rules and regulations
adopted by the Association, and the following:
2.3.1 The Association may tot~311y bar or restrict use of portions of the Common
Area where ordinary use could be dangerous, ui~reasonably increase Association costs, or detrimental to
the environment, or is inconsistent with its desi~mated use on the Plat. , ~
2.3.3 The Association shall have the right to suspend the voting rights by any
Owner for any period during which any assessment against such Owner°s Lot remains unpaid, and for a
period not to exceed 60 days for any, and for each separate, infraction of the Association's published rutes
and regulations.
2.3.3 Tlie Association shall have the right to dedicate or transfer all or any portion
of the Common Area, including easements thereon, to any public agency, authority, or utility for such
purposes and subject t~ such conditions as mav he agreed to by the Members_ No sucl~ dedicatiott or
05/12/08 7:56 FM - - () -
50750178.2
~ 4020560 ~ ~ page 6 of 32
06/30l2008 03:40 PM Covenant
Thurston County Washington
. CITY OF YELM `
~ I IIIIIII III IIIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
transfer shall be effective unless two-thirds of each class of Members vote or consent in writing to such
dedication or transfer. The instrument dedicating or transferrin~ all or any portion of the Common Area
shall be e~cecuted by the president and secretary of the Association who shal I certify that the requisite vote
or consent has been obtained.
Section 2.4 Dele~ation of Use. Any Member may delegate, in aceordance with such rules
and regulations as the Association shall promulgate, his or her right of use and enjoyment of the Common
Area to family members, guests, and tenants of such A~tember. Each Owner shall be responsibte for
informing such 4wner's family members, guests, tenants, and service personnel of the contents of this
Declaration as well as any rules and regulations that may be adopted by the Association as they may
relate to the use and enjoyment of the Common Area. Each Owner shall be personally liable for any
damage to any Common Areas or any other area maintained by the Ass~ciatioii or to any other property
o:f the Association, whether real or personal, caused by the Owner or the Owner's family member, guest,
tenant, agent, workman, contractor or other licensee or invite~. The Association may have a lien upon the
Owner's Lot for the amount of such damages as determined by the Board after Notice and Opportunity to
be Heard.
Section 2.5 Maintenance. Except to the extent maintained by the City or covered by a City
maintenance program, the Association shall have full responsibility for the maintenance, repair,
replacement and improvement of th.e Common Areas. All sucli areas and facilities, including stormwater
facilities that service the Property, shall be reasonably n~aintained for their intended use, subject to
applicable ~overnmental restrictions. 'I'he cost of such mai~ttenance, repair, replacement and
improvement shall be assessed to the Owners pursuant to Article 7 herein.
Details and defined maintenance for stormwater facilities are defined or are described in
the stormwater maintenance agreement per ~~~~i:9itc~r fa1.e #_._'~(~~D~'f9~
Article 3. HOMEOWNERS ASSOCIATION
Section 3.1 Establishment. There is hereby created an association called the Bella Housa
Villa~e Homeowners Association (the "Association").
Section 3.2 Form of Association. 7fie Association shall be a nonprofit corporation formed
and operated under the laws of the State of Washington.
Section 33 Articles and Bylaws. Deciarant will adopt Articles of incorporation and will
propose to the i~~itial Board of Directors the adoption of Bylaws to supplement this Declaration and to
provide for the administration of the Association and khe Property and for other purposes nof inconsistent
witt~ this Dec(aration. In the event of any conflict between this Declaration and the Articles for such
nonprotit corporation, the provisions of this Declaration shall prevail. Bylaws for the administration of
tlte Association and the Property, and to further the intent of this Declaration, shall be adopted or
amended by the Owners at regular or special meetings; provided that the initial Bylaws shall be adopted
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CITY OF YELM
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII_ __ _-'
by the Board of Directors. Tn the event of any conflict between this Declaration and any Bylaws, the
provisions of tlais Deelaration shall prevail.
Section 3.4 Board of Directors. The Association shall be managed by a Board of Directors
wh~ are members of tl~e Associaiion. They sl~all be elected as set forth in the Articles uf Incorporatian
and Byiaws of the Association.
Section 3.5 Membership and Votin~ Riahts. Tl~e Association shall have two classes of
voting membership:
3.5.1 Class A Members shail be all Owners excepk the Declarant, a»d each Class A
Member shall be entitled to one vote for each Lot owned, whetl~er improved or not. When more than one
Person holds an interest in any Lot, all such Persons shall be members. The vote for such Lot shal) be
exercised as the joint owners may decide among themselves, but in no event shall more than one vote be
cast with respect to any Lot.
3.5.2 The Class B member shal) be the Declarant w]~o shall be entitled to three
votes for each Lot owned by it. The Ciass B class of inembership shall cease and be converted to Ciass A
membership upon the occurrence of the earlier of the following events: (i) the votes of the Class A
members equal the votes of d~e Class B member; or (ii) the seventh anniversary of the date on which this
Declaration is recorded.
Section 3.6 Transfer of Membershio. The membership in the Association of each Owner
(including Declarant) shall be appurtenant to the Lot giving rise to such membership, and shall not be
transferred in any way except upon the transfer of title to the Lot and then only to the transferee of title to
the Lot. Any attempt to make 'a prohibited transfer shall be void. Any transfer of title to a Lot shall
operate automatically to truasfer the membership in the Association to the new Owmer_
Section 3.7 Books and Records_ Thz Board shall cause to be kept compiete, detailed, and
accurate books and records of the receipts and expen.d.itures of the Association, in a form that complies
with generally accepted accounting principles. The Board or a majority of the Owners may at any time
require an annual audit prepared by an independent certifiecl public accountant which shall be paid for by
the Association.
Section 3.8 Inspection of Association Documents, Books, and Records. The Association
shall make availab(e to Owners, Mortgagees, prospective p~irchasers and their prospective mortgagees,
and the agents or attorneys of any of them, current copies of this Declaration, the Articles, the B_ylaws,
and otl~er rules, books, records, and financial statements of tlie Association, and the most recent annual
audited .financial statement, if one is prepared. "Available" shall mean available for inspection uPon
request, during normal business hours or under other reasonable circumstances. The Association may
require the rec~uesting party to pay a reasonable charge to pay the cost of making the copies.
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Article 4. MANAGEMENT OF THE ASSOCiATION
Section 4.1 Administration of the Prapertv. The Members covenant and a~ree that the
administration of the Property shall be in accordance witl~ the provisions ~f this Dec(aratioi~ and tiie
Bylaws of the Association which are made a part hereof. Adi3iinistrative power and authority shall be
vested iri the Board.
Section 4.2 Aut[~orit~ and Duties of the .Board. On behalf of and acting for the
Association, the Boazd, for the benefit of the Property and the Members, shaO have all powers and
authority permitted to the Board under this Declaration including, but not limited. to, the following:
4.2.1 Levy, collect, and enforce the coliection of, Assessrnents, as more
particularly set farth in Article 7 hereof, to defray e~penses attributable to carrying out the duties and
functians of the Association hereunder.
4.2.2 Require any officer or employee of the Association handling or responsible
for Association funds to furnish adequate fidelity insurance, the premiums for which shall be paid by the
Association.
4.2.3 Enter into a~reements with oi~e or more qualified persons ta assist it in
carrying out its obiigations under this Declaration, the collection of Assessments, the sendin, of all
required notices to Members, the operation of Association meetings, and other regular activities of the
Association. ,
4.2.4 Contract and pay for any materials, supplies, labor or services which the
Board should detern~ine are necessary or proper for carrying out its powers and duties under this
Declaration, including legal, accounting, management, security patrol or other services; however, if any
materials, supplies, labor or services are provided for particular Lots or their Owners, tlie cost thereof
shall be specially char~ed. to the Owners of such Lots. The Board may pay the Declarant a reasonable fee
for any services it performs on behalf of the Association.
42.5 All checks,.drafts, or other orders for the payment of money, notes, or other
evidences of indebtedness ii~ the name of the Association shall be signed by such officer or officers, agent
or agents of the Association and in such manner as is from time to time determined by the Board.
4.2_6 I~npose and collect charges for late payment of Assessments as further provided
in Article 7, and, after Notice and Opportunity to be Heard by the Board or by such representative
designated by the Board and in accordance with such procedures as provided in this Declaratio~~, the
Bylaws, or rules a.nd regulatians adopted by the Board, 1ew reasonable fines in accordance with a
previousiy estab]ished schedule thereof adopted by the Board and furnished to the Owners for violations
o£this Declaration, the Bylaws, and rules and regulations of the Association.
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Thurston County WashingtonCovenant
CI7Y OF YELM
I II~IIII III IIIIII II~I IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII
~.2.7 institute, defend, or intervene in litigation or administrative proceedings in its
own name on behalf of itseif on matters affeciing the Association; provided, l~owever, that the approval of
Owners holding at least 67% of the votes in the Association shall be required before the Association may
institute, commence or intervene in any litigation ~r administrative proceeding, including arbitration,
other than litigation or other proceedings against Owners for collection of delinquent Assessments or for
enforcement of the Declaraxion or rules and regulations of the Association; but Owner approval shall not
be required for settlement of such litigation or adminish•atime proceedings.
4.2.8 Grant easements, leases, licenses, and concessions through or over the Common
Areas.
4.2.9 I~npose and collect any payments, fees, ar charges for the use, rental, or
operation of the Common Areas and for services provided to Oiu~~ers.
4.2.10 Acquire, hold, encumber, convey, and dispose of, in the Association's name,
right, tit(e, or interest to rea) or tangible and intangible personal property; provided that the encumbrance,
com~eyance or other disposition of any portion of the Association's real property shall require the
apE~mval of the Owners huldin~ a majority of the vutes in the Association.
4.2.11 Arrange for and supervise any addition or improvement to the Common Areas,
provided that if the estimated cost of any separate properly acquisition, addition, or improvement to the
Common Areas esceeds $25,000, the approval ot the Owners holding a majority of the votes in the
Association shall be required.
Sectioll ~1.3 Adoption of Rules and Repulations. When and to the extent it deems
advisabEe; the Board may adopt reasonable rules and regulations governing the operation, maintenance
and use of the Common Areas and the Property and other matters of mutual concern to the Members,
which ruies and regulations are not inconsistent with this Deciaration and the Bylaws and ~vhich treat all
Members fairly and in a non-discriminatory manner.
Section 4.4 Additional Powers of the Association. 1n addition to the duties and powers of
the Association, as specified herein and slsewhere in tl~is Declaration, but subject to tl~e provisions of this
Deciaration, the Assoeiation, acting tbrough its Board, shal! have the power to do all other things which
may be deemed reasanably necessary to carry out its duties arid the purpose of this Declaration.
Article 5. ARCHITECTURAL CONTROL
Section 5.1 Construction and Exterior Alterations or Repairs.
5.]..l All Structures (includin~, without limirtation, concrete or masonry walls,
rockeries, driveways, exterior lighting, fences, hedges, swimming pools, if any, or other Stnichires) to be
constructed, erected, piaced or altered within the Property, all exterior alterations and repairs (including,
but not limited to, re-roofing or repainting) of an_y Structures an the Property and visible from any street
or other Lot, and any construction or aiteration of landscaping on the Property must be approved by the
Board or an Architectural Control Committee (`ACC"1 cotnposed of three or more represezitatives
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CITY OF YELM
I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII .
appointed by the Board; provided, that untii completed Homes have been constructed on all of the Lots,
the Declarant shall act as the ACC. Coinplete plans and specifications af al) such proposed buildings,
structures, exterior alterations and repairs, or landscaping to~ether "with detailed plans showin~ the
proposed location of the same on the particular building site and other data requested by the ACC sha(( be
submitted to the ACC before construction, alleration or repair is begun. Construction, alteration or repair
shall not be started untii written approval thereof is given by the ACC.
5.1..2 The ACC will review submittals as to the qu~lity of workmanship and
materials planned and for confos-mity and hannony of 11~e exterior desigr3 with proposed or existina
structures on the Lots and, as to location of the building, with respect to topography, finish grade
elevation and building setback restricti~ns and eompliance with the Plat Map, in accordance with
architectural guidelines to be adopted by the ACC.
5.1.3 All plans and specifcati~ns submitted for approvat by the ACC must be
submitted in duplicate at least 30 days prior to the proposed starting date of the construction, exterior
alteration or repair. In the event the ACC fails to approve or disapprove such design and location within
30 days after said plans and specifications have been submitted to it, the ACC wil.l be deemed to have
given its approval.
5.1.4 The maximunl height of any building shall be established by the ACC as part
of plan approval and sha11 be givzn in writing together with the approval. if the ACC has failed to
disapprove such ~esi~n and location within the 30 day limit, and such design and location is tl~ereby
deemed approved, the maximum height of any building shall be no greater than the height of the huilding
as originally constructed, and the buildinb must also comply with local zoning, land use and building
codes.
5.1.5 The ACC may require tlaat all plans or specifcations be prepared by an
architect or a comp~tent house designer (or a landscape architect for landscaping plans and specifications)
approved by the ACC. One complete set of the plans and specifications shall in each case be delivered to
and permanently left with the ACC. Al( buildinbs or structures shall be erected or constructed, and all
exterior alteratio~zs or repairs made, by a contractor, house buiider or other person or entity approved by
the ACC. The ACC shall have the right to refuse to approve any design, plan or color for such
improvements, construction or exterior, alteration or repair visible from a street or ~ther Lot which is not
suitable or desirable, in the ACC's opinion, and such refusal may be based entirely on aesthetic or other
facto-s. '
5.1.6 In evaluatin~ any design, the ACC may consider the suitability of the
proposed building or other structure, ti~e material af which it is to be built, the e~erior color scheme, the
site upon which such buildings or struchires are proposed to be built, the harmony thereof with the
surroundings, and the et~ect or impairment that suc(~ building or structure will have on the view or
outlook of surrounding Lots, compliance with the Plat, and any and all other factors which, in the ACC's
opinion, shall affect the desirability or suitability of such proposed structure, buildina, improvements, or
e~terior alteration or repair. y
5.1.7 The ACC shall have the right to disapprave the design or installation of a
stivimming pool or any otlzer recreational structure or equipment deemed tmdesirable, in the ACC's
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reasonable opinion, based on aesthetic factors or otherwise. The ACC may consider the visua) impact of
the proposed structure or equipment and the noise impact of the related activities upon all nearby Lots or
Common Areas. Any enclosure or cover used in connection with such a recreational structure ar
equipment vvliether temporary~, collapsible, or seasonal, shall be treated as a pennanent structure fur
purposes of these covenants, and shall ta be subject to all the conditions, restrictions, and requirements as
set forth herein for all buildings and structures. "
5.1.8 The ACC may require, at the Owner's espense, the trimming, topping or, if
deemed necessary by the ACC, removal of any tree, Uedge or shrub on the Owner's Lot which the ACC
determines is unreasanably biocking or interfering with the view or access to sunlight of another Lot ar
any Common Area. In order to guarantee sufficient access to sunli~ht of solar panels on all homes, the
maximum height of any tree shall be no greater than the height ~f the roof line of the Home located on the
Lat upon wliich the tree graws or is proposed to be planted, and trees of any height shall be maintained sa
as to not interfere with access to sunlight of solar panels on any home. Leafy trees are generally
discouraged because they are more likely to block sunlighk to solar panels than trees without leaves.
51.9 . Declarant {including any successor in interest to Declarant's status as
Dec(arant) shall not be subject to the restrictions of this Section 5.1 as tc~ any Lot owned by Declarant.
S.].10 By majoriry vote, the ~ICC may adopt or amend architectural guidelines
consistent with this Declaration for making its determinations hereunder.
~.1.1 ] No Structure shall be erected, altered, placed or permitted ta remain on any
Lot unless the Structure camplies with the Plat and with applicable building codes. The ACC may
require that the Owner furnish the ACC with evidence that all necessary permits have been obtained from
the City for any work on a Lot for which ACC approva] is required under this Section prior to
commencement of the work. ,
SectiOn 5.2 Declarant Facilities. Notwithstanding any provision in this Declaration to the
contrary, Declarant and its agents, employees and cantraetors shali be permitted to maintain durin~ the
period of sale of Lots or Homes upon such portion of the Property (other than Lats sold by Declarant) as
Declarant may choose, such facilities as in the ~ale opinion of the Declarant n~ay be reasonably required,
convenient or incidental to the construction, sale or rental of Lots and Homes, including but not limited to
a business office, stora~e area, signs, model units, sales o~ce, construction office and parking areas for
all prospective tenants or purchasers of Declarant_
Section 53 Declarant Inspections and Repairs. Declarant shall have the right, but not the
obligation, to conduct inspections and tests from time to time of all or any parts of the Property in order to
ascertain the physical condition of the improvements on the Lots and to determine wheCher maintenance,
repairs or replace~nents of any such improvements are indicated. .Declarant shall pay al) costs of such
inspections a~d tests made pursuant to this Section and shall have the right to make such repairs at it
deems appropriate. Declarant shall have such rights of entry c~n, over, under, acrass and through the Lots
as may be reasonably necessary to exercise the rights described in this Section. Declarant shall provide
reasonable advance notice to the Association of the inspections and repairs.
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CITY OF YELM
I IIIIIII III IIIIII II'II IIII IIIIII IIIII IIII IIIIIII IIIIII IIII III~ IIIII IIIII IIIIIII III IIIII IIIII IIIII (III IIII _ .
Article 6. USE Al~iD MAIN'i'ENANCE OBLIGATIONS QF' OWNERS
Secti~n 6.1 H. ome and l~ard Maintenance. Ti~e Association siiall be responsible for
mainteiaance, repair, and replacement of ti3e fror~t yard lawn and landscaping of each Home. The casts
reiating to the lawn and landscaping shall be allocated among the Owners in accordance with their
Common EYpense Liability. Except for such maintenance, repair and replacement which are to be
performed by the Association pursuant to the provisions of this Declaration, each OK~~er, at said Qwner's
cost and expense, shall promptiy and continuouslv maintain, repair, replace and restore the Home and
other Structures or improvements on the Owner's Lot in a sound, good, clean, attractive, safe and sanitary
condition and in full compliance with all applicable laws, the provisions of this Declaration, and any rules
and regulations of the Association. if any Owner faiis to maintain, repair, replace or restore the Ow-ner's
Home, other Structures located ot~ the Lot, or the Owner's Lot, the Association may, after Notice and
Opportunity to be Heard, at tl~e Owner's cost and expense, maintain, repair, replace or restore such items
or areas and the Owner shall pay or reimburse the Association on demand for all such costs and e~penses.
Al) trees, hedges, shrubs, and flowers shall be kept in an attractive, neat, trimmed and pruned condition.
Owners shall not allow their Lots to become overgrown or unkempt so as to create a visual nuisance.
Leaves, clippings, dead plants and other yard waste shall be placed in a compost pile or appropriate
c~ntainers for disposal.
Section 6.2 Restrictions on Parkin~ and Stara.~e. T17e .Board may adopt rules and
regulations governing parking by Owners, their guests ar business i~~vitees in Bella Housa Village.
Parl:ing in Common Area parking spaces is reserved for temporary parkin~ by Owners, their juests or
business invitees subject to such rules and regulations as the Association may adopt. No Owner si~ali
store or allo~~~ any occupant or tenant to store any trailers, boats, motor homes, recreational vehicles,
motorcycles, or trucks over two tons (e~cept those used by Declarant in connection with the development
of the Property or construction of the I-Iomes) or any disabled or inoperable motar vehicle on the Aroperty
unless any such vehicie is comptetely enclosed and hidden from view within a garage or within such uther
enclosure as may be approved in adva.nce by the ACC. Violations of this Section shall subject such
vehicles to impound, at the etpense and risk of the owner thereof.
Section 6.3 Road, Sidewalks and Paths. The road, side~valks, and paths located in Bella
Housa Village shall be maintained by the Association and used exclusively for normal access, ingress and
egress, and no obstructions sl~all be placed thereon or therein except by express written consent of the
Board.
Section 6.4 Residential Use; Timesharin~ Prohibited. All Lots and Structures located
t}aereon shall be used, improved and devoted exclusively for residential purposes only, including: {i)
sleeping, eating, food preparation for on-site consumption by occupants and guests, entertaining by
occupants or personal guests, and similar activities conimonly conducted within a residentia) dwelling
(without regard to whether the Owner or occupant us+es the Home as a primary or secondary personal
residence, on an ownership, rental, lease or invitee basis) or sticli ather reasonable ancillary purposes
commonly associated with residential dwellings and otherwise in compliance with this Declaration and all
applicable laws for residential dwellin~s; (i+) for use as a home of#ice or for a home occupation not
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ic~vulving use by nonresident employees oa regular visits by customers or clients, unless the Board
determines that such use would not adversely affect (a) the right of the other Owners to the quiet
enjoyment of their Home and. Lot or (b) the value of the other Homes and Lots; (iii) for the common
social, recreational or other reasonable uses normally incident to such purposes; and (iv) for purposes of
operating the Association and managing the Property. Timesharing of Homes, as defined in RCW 6436,
is prohibited.
Section 6.5 Age I2estrictions Anpiicable to Occu~ancv for Itesidents.
This Community has been designed as housing for persons fifly-five (55) years of age or old~r
that is exempt from the age restriction prohibition contained in the "Housing for 41der Persons Act of
1995 (HOPA), 42 U.S.C. section 3607, of the Fair Housing Act. Accordingly, the Association shall
publish and adhere to policies and procedures that demonstrate an intent by the Association to provide
housing for Qualifying Residents who are age 55 or older, and comply with the requirements of the Fair
Housing Act.
6.5.1 At least 80 percent of the Homes in this Cammunity shall be occupied by at least one
person who is at least fifly-five {55) yea.rs of age or older. This rec~uirement does nok apply until at .least
25 percent of the homes are occupied. Unoccupied homes nor homes occupied by association employees
who perform substantial duties and are under 55 years of age are not included in the total. HOPA
requirements state tl~at a Home may be ow~~ed by someone under the age of 55, as long as a 55 or older
resident lives in the Home.
6.5.2 At least one resident of each Home shall be a Qualifying Resident, and all other persons
occupying the Horne sl~all be Qualified Pennanent Residents, as defined in Section l.l; provided,
however, that a Pern~itted Health Care Resident may occupy a Home for any period that such person is
actually praviding live-in, long-tenn, or hospice health care to a Qualifying Resident for compensation.
The Qualifying Resident and Qualif'ted Permanent Resident may have as guests persons under 55 years of
age for periods of time not to exceed 60 days kotal for each guest in any calendar year.
6.5_3 Visitors under the age of 19 years shall be allowed to visit O~vners or Occupants of
Homes, but only for periods of time not to exceed thiriy (30) nights out of any siY (6) month period as to
each visitor. The Board may adopt additional rules regarding such visitations, and may require that any
visitor found to be unreasonably disturbing other Residents be required to leave the premises, and may
esercise its authority for specific visitors even though other visitors are permitted to remain.
6.5.4 Upon the death or dissolution of marriage, or upon hospitalization or other prolonged
absence of the Qualifying Resident, any Quaiified Aermanent Resident shall be entitled to continue his or
her occupancy, residency, or use of the Home so long as such continued occupancy does not result in less
than 80% of Homes being occupied by at least one Qualifying Resident. The requirements in this Section
are intended to comply with the exemption requirements under the FHA and the regulations issued
pursuant to the FHA as they may be amended from time to time. if the FHA or regulations are amended,
modified, or repealed, the provisions of this Declaration shall be deemed to be amended, modifed, or
repealed in the same manner.
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6.5.5 No lot shall be so(d, rented or ieased to an_y person or persons untess the standards
established u~ this section are cornplied with. Without liiniting the authority of the Board described in the
B~~laws, the Association shall have the speciFc legal right to seek injunctive relief from the Superior
Court of the State of Washington for Thurston County with respect to any Oivner or Occupant found to be
not in compliance with this Section 6.5_ Noncornplyin~ Occupants may be evicted. The prevailing party
in such an action shall be entitled to reasonable attorneys' fees and costs of suit.
6.5.6 Each resident, including but ~iot limited to Owners and tenants of Homes, shall
participate in any surveys conducted, and etecute any affidavits reasonably required, by the Declaration
or the Association to establish or maintain the status of the Pr~perly as housing for persons age SS or
more within the meaning of the federal Fair Housing Act.
6.5.7 The Board shall have the ri~ht to waive the aDe restriction in connection with any Home
occupant or class of Home occupants if it determines, in its sole discretion, that (i) the application of the
age restriction would work an unreasonable hardship on an Owner or class of Owners; (ii) the particular
waiver is in the best overalt interests of the Owners as a graup, and (iii) the particular waiver ~vill not
adversely affect the qualification of the Praperty as housing for older persons ~vithin the meaning of the
federal Fair HousinD Act. This age restriction shall not apply to the resident manager, if any, for the
Property.
6.5.8 The Association shall maintain permanent records substantiating its continuing
compliance with the policies and age limitations described herein, and shall regularly update such records
through surveys and other means. Such updates must take place at least once every two years. A survey
rnay include information regarding whether any Homes are occupied by persons who are (a) employees of
the Association who perform substantial management or maintenance functions for the Community, (b)
persons who are necessary to provide a reasonable accommodation to disabted residents; or (c) family
members residing in Homes with their older relatives. Any of the fo{lowing documents are considered
reliable documentation of khe aae of the Occupants of the Community: driver's license; birth certificate;
passport; immigration card; military identification; any atl~er local, state, national, or international o~cial
documenis containing a birth date of eomparable reliabilitv; a document (such as an affidavit, certification
in a lease or purchase agreement) signed by any member of the household aged 18 or older that asserts
that at least one person in the Home is SS years ofage or otder; or forms or appiications previously
submitted by or on behalf of such Occupant. These verification procedures must be complied with as
required by the Fair Housing Act. A suminary of occupancy surveys undertaken shall be available for
inspection upc,n reasonable notice and request by any person.
6.5.9 The Association must publish and adhere to poiicies and procedures that demonstrate an
intent to cumply with the requirements of the Fair Housing Act The regulations state that any of the
following may be used to show the necessary intent: descriptions of the Association as a"55-or-older"
community to prospective residents; advertisements of the Association as a 55-or-older community;
public postings in the Assoeiation's common property or statements indicating that the Association is
designed for persons aged 55 or older; any lease provisions containing SS-or-older language; and
development of and adherence to any age-screening prucesses. Phrases such as "adult living", "adult
cc~mmunity", or similar statements are not cansistent with an intent that this Community intends to
operate a housing for persons 55 years of age or older.
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Section 6.6 No Nuisances. No noxious or ot~ensive conditions shall be permitted ugon any
Lot or improvement thereon, nor shall anything be done thereon which is or may become an ann~yance or
nuisance to other occupants of the Pr~~perty.
Section 6.7 Restrictioi~ on Further Subdivision. No Lot, or any portion of a Lot in the
Property, shall be divided and sold or resqld, or ownership changed or transferred whereby the ownership
of any portion of the Property shali be iess than the area required for the use district in which the Property
is located; provided, the foregoing shall not prohibit deeds of carrection, deeds to resolve boundary
disputes and similar corrective instruments.
Section 6.8 Garbage and Trash Removal_ No Lot or Common Area shall be used as a
dumping ground for rubbish, trash,, garbage, litter, junk and other debris. All garbage, trash aiid yard
waste shall be placed in appropriate sanitary containers for regalar disposal or recyclin~. Each Ow-ner
sha11 be responsible for the prompt and regular dispo.sal of all garhage, trash, junk and yard waste from
the Owner's Lot. Aii containers for garba~e, trash and yard waste may be placed in public view oniy on
the designated collection day.
Section 6.9 Animal Restrictions. No insects, reptii~s, poultry or animals of any kind shall
be raised, bred o~ kept in os on aay Home or Lot or on any Common Area, except that a reasonable
number of domesticated do~s, cats or other usual housel~o[d pets (hereinafter referred to as"pets") may be
kept on the Lots subject to rules and regulations adopted by the Board. No dog houses, kennels, dag nms
or the like may be kept or maintained on any Lot. All pets when outside a Home shal) at all times be kept
on an adequate leash or other means of physically controlling the pet, by a person capable of controlling
the pet at atl times or by a suitable invisible etectronic confinement system not dangerous to hurnans.
Pets shall not be allowed to leave escrement on any Lot or on any portion of the Com.mon Area. U~~ners
shall cfean up immediateiy after their pets. Any Owner whose pet violates these provisions or who causes
any unreasonabie noise or damage to persc~ns or property shall be iiable to all such harmed Owners and
their families, guests, and invitees. The Board may at any time require, at the Owner's sole expense, the
removal of any pet of a potentiaAy dangerous breed or a+~y pet that the Board fsnds is disturbing other
Owners imreasonably, and may exercise this authorily for specific pets even though other pets are
permitted to remain.
Sectio~ 6.10 SiQns. No signs shail be disptayed to public view on any Lot except (i) one
professionally created sign of not mare than orie square foot displaying the resident's name; (ii) one sign
of not mote than ftve square feet advertising the Lot for sale or rent, (iii) signs used by Declarant or other
home builders to advertise Lots or Homes for sale, or (iv) the permanent entry signs for Bella Housa
Vitlage. ~
Section 6.11 Leasin .
6.ll.1 With respect ta the leasing, renting, or creation of any kind of tenancy of a
Home, the Owner (eYCept for a lender in possession of a Lot and improvements located thereon following
a default in a.first Mortgage, a forectosure proceeding, or any deed of trust sale or other arrangement in
lieu of a foreclosure) shall be prohibited from le~sing or renting less than the entire Home, and for any
term less than 30 days. Ail leases and rental agreements shall be in writing. Copies of all leas~s and
renfal agreements shall be delivered to the Association l~efore the tenancy commences and all such
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agreements may be subject to review and approval by ttae Board. Any lease or renta) agreement must
pr~vide that its terms shail be subject in all respects to the provisions of the Declaration, the Bylaws, and
rules and regulations of the Association, including age and occupancy restrietions described in Section 6.5
and the obligation of residents to participate in surveys and execute affidavits pursuant to Section 6.5.
Any lease, or rental agreement must further provide that any failure by the tenant to comply with the terms
of such documents, obligations, rules, and regulations sha11 be a default under the lease or rental
agreement. If any lease under this Section does not contain the foregoing provisions, such provisions
shall nevertheless be deemed to be part of the lease and binding upon tl~e Owner and the tenanC by reason
of their being stated in this Declaration.
6.11.2 Ifie Board may adopt a rule that requires any Owner desiring to rent a Home
to have any prospective tenant (other than a relative of the Owner) screened, at the Owner's cost, by a
tenant screening service designated ur approved by the Board and ta furnish the report of the tenant
screening service to the Board or its designee prior to 4wner's entering into a lease with the prospective
tenant.
. 6.l I3 if any lessee or occupant of a Home violates or pennits the violation by his
guests and invitees of any provisions hereof or of the Bylaws or of the rules and regulations of the
Association, and the Board determines that such violations have been repeated and that a prioc notice to
cease has been given, the Board inay give not+ce to the lessee or occupant of the Home and the Owner
tliereof to forthwith cease such violations. If the violation is thereafter repeated, the Board shal! have the
authority, on behalf and at the expense of the Owner, to evict the tenant or occupant if the Owner fails to
do so after Notice fram the Board and an Opportunity to be Heard. The Board shall have no liabiiity to an
Owner or tenant for any eviction made in good faith. The Elssociation shali have a lien against the
Owner's Lot for any costs incurred by it in connectiorr with such eviction, including reasonab(e attorney
fees, which may be collected and foreclosed by the Association in the same manner as Assessrr-ents are
collected and foreclosed under this Declaration. -
6.1 I.4 If a Home is rented by its Owner, the Board may collect, and the tenant or
lessee shall pay over to the Board, so muc1~ of the rent for such Home as is reyuired to pay any amounts
due the Association hereunder, plus interest and costs, if such amounts are in default over 30 days. The
renter or lessee sha(t not have the right to contest payment over to the Board, and such payment will
discharge the lessee's or renter's duty of payment to tt~e Owner for rent to the extent such rent is paid to
the Association, but will not discharge the liability of the Owner (and the Home under this Declaration for
assessments and charges) or operate as an approvai of the lease. The Board shall not exercise this poiver
where a receiver has been appointed with respect to the Home or its Owner, or in derogation of any rights
which a Mortgagee of such Home may have with respect to such rents.
6.ll.5 Other than as stated herein, there are no restrictions on the right of any
Owner to lease or otherwise rent his Home.
Section 6.12 Zonin~ Regulations. Zoning regu2ations, building regulations, environmental
regulatioi~s and other sirnilar governmental regulations appGcable to the Property subject to this
Declaration shall be observed. In the event of any conflict between any provision of such governmental
regulations and restrictions of this Declaration, the more restrictive provision shall apply.
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Thurston County WashingtonCovenant
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Section 6.13 Temporarv Residence. No outbuilding, basement, tent, shack, garage, trailer,
shed or temporary building of any k.ind shall be used as a residence either temporarily or pennanentEy,
except for trailers used by Declarant, huilders, or contractars during the construction period.
Section 6.14 Frotected Antennas. Owners may not install antennas, dishes or uther
receiving devices in or on any portion of the Lots, e~.cept as provided in this Section. Each Owner shall
have the right ta install a Protected Antenna (as de~ned by the provisions of 47 C.F.R. § 1..4000 ("FCC
Rule") as it now exists or is hereafter amended or replaced, or any other federal, state or local law, code,
rule or reg~lation that preempts, prohibits or limits restrictions on, or conditions to, the installation,
maintenance or repair of telecommunications equipment desired by an 4wner), but no other kind of
antenna, dish or receiving device, on the Owner's Lot, subject to such reasonable rules and regulations as
the Board may adopt; providzd, however, the Association may prohibit the installation of a Protected
Antenna by Owners if the Association provides a central antenna system that complies with the FCC Rule
or any other law, ordinance, rule or regulation that pern~its such prohibition. If the provisions of this
Section conflict with any applicable federal, state or local. law, ordinance, rule or regulation, the terms of
such law, ordinance, rule or regulatior~ sha#l prevail, but the conditions and limitations set forth in this
Section shali be enforced to the maximum extent permitted by law.
Section 6.15 Governmental and Plat Requirements. All Structures and other Lot
iznprovements shall comp(y with the P1at Map and all applicable governmenta( requirements including,
without limitation, minimurn setback requirements.
Section 6.1 b Oil and Mining ~~erations. No oil driiling, oil development operations, oil
refining, quarrying or mining operations of any ki~1d shall be permitted upon or in any Lot, nor shall oil
wells, tanks, tunnels, mineral excavations or shafts be permitted upon or in any Lot. No demck or other
structure designed for use in boring for oil or natural gas shall be erected, maintained or permitted upon
any Lat.
Section 6.17 Use and Disposal of Hazardous Substances. The Owner of each Lot shall
comply with all state, feder~l and local laws and regulations governing or in any way relating to the
handling, storage, use, dumping, discharge or disposal of any hazardous substance ar material. The
Owner of each Lot shall not dispose of 'or discharge any hazardous substance or materials on any Lot,
Common Area or other area loca.ted within the Property.
Section 6.18 Completion of Projects. Any Structures or improvements, including any
repairs or replaceroent thereaf, constructed on any Lot shall be completed as to external appearance,
including finish painting, within six months from the commencement of construction eacept for reasons
beyond the control of the Owner, in which case a longer period may be permitted by the ACC. This
period may be e~ended by the ACC due to inclement weather.
Section 6.19 Mailboxes. Each of the mailbc~xes and mailbox structures shall be placed in
locations approved by the United States Postai Service. Owners may not damage or otherwise interfere
with a mailbox structure.
Section 6.20 Exterior Add-ons. No awnings, air conditioning units, or other projections
sha11 be placed on or han~ trora the exterior surfaces of any Home unless they have been approved by the
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ACC. Notwithstanding the foregoing, basketball hoops may hang from exterior surfaces of a Home as
long as the hoop is hidden from view from the roads located within the Property.
Section 6.21 Outdoor Fires. Outdoor barbecues may be used for cooking on the Lots when
permitted by law. Reasonable and adequate precautions against fires must be taken. Excessive smoke or
soot accumulation from fires shall not be allowed. No other outdoor fires shall be permitted on the
Property, except for fires by Declarant or contractors for burning construction wastes where all necessary
government permits have been obtained.
Section 6.22 Screened Service Areas. Unsightly items must be hidden from view within a
Home or garage or within a fenced or screened area where they will not be seen from any Lot or road.
Unsightly items shall include, but shall not be limited to, garbage and trash, clothes lines, bicycles,
recreational gear, outdoor maintenance equipment, firewood and ladders. The design and materials used
for any fenced or screened area shall be consistent with the general appearance of the Home and must
receive prior approval from the ACC.
Section 6.23 Location of Fences; Permissive Use. Declarant shall construct wood fences six
feet in height to enclose the perimeter of the Property. With approval of the ACC, Owners may also
construct fences to designate the line between the open space tracts and Lots adjacent to the tract. Each
fence, when constructed, shall be on the property line between adjoining Lots, as shown on the Plats.
Owners of adjoining Lots shall be jointly responsible for keeping the fencing between their respective
Lots in good condition and repair. Height restriction of 4 feet and rail type and chainlink only.
Section 6.24 Dama~e and Repair of Propertv. Upon any Substantial Damage (as defined
below) to any Home or Lot, the Owner shall promptly restore and repair the Home to substantially the
same size and design as the original Home. The prior written consent or vote of the Board and a vote of
67% of the total votes entitled to be cast by the Owners of the Lots is required to rebuild in accordance
with a plan that is different from the original plan or as modified by alterations approved by the Board.
As used in this Section, Substantial Damage shall mean that in the judgment of a majority of the Board
the estimated damage for the Home exceeds ten percent of the full, fair market value of the Home before
the damage occurred, as determined by the then current assessment for the purpose of real estate ta~~ation.
Article 7. ASSESSMENTS
Section 7.1 Creation of the Lien and Personal Obligation of Assessments. Each Owner of
a Lot by acceptance of a deed therefor, whether or not it shall be so expressed in such deed, is deemed to
covenant and agree to pay to the Association any assessment duly levied by the Association as provided
in this Declaration. Such assessments, together with interest, costs, late charges and reasonable attorneys
fees, shall also be a charge on the land and shall be a continuing lien upon the Lot against which each
such assessment is made. Each such assessment, together with interest, costs, late charges and reasonable
attorneys' fees, shall also be the personal obligation of the person who was the Owner of such Lot at the
time when the assessment fell due. The personal obligation for delinquent assessments shall not pass to
his successor title unless the lien for such delinquent assessments had been properly recorded prior to title
transfer or unless expressly assumed by that party. When ownership of a Lot changes, assessments
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payable in installments which have been established for the current fiscal year shali be prorated between
the buyer and seller based on a 365 day year. ~
Section 7.2 Liabiiitv for Assessments. Any assessments wliich may be levied from time to
time pursuant to the authority of the Board shal) be established in accordance with this Article 7, except
for assessments levied against an Owner for the purpose of payin~ or reimbursing the Association for
costs incurred or to be incurred in connection with bringing an Owner's Lot into compliance with the
provisi~ns of this Declaration. Deciarant shall not be obligated to pay any assessment levied against any
Lots owned by it unless a Home has been constructed on the Lot and the Home is occupied. No Owner
may exempt himself or herself from liabiiity for his assessments by abando~zing the Owner's Lot.
Section 7.3 Association Bud~et. The Association shall prepare, or cause the preparation
of, an operating budget for the Association at least annually, in accordance with generally accepted
accounting principles. The oper~ting budget shall set forth sums required by the Association, as
estimated by the Board, to meet its annual costs and expenses. Assessments on each Lot shall commence
upon the closing of the sale of the Lot with a completed Home ihereon or upon the occupancy of the
Home, whichever is earlier. The members of the Association who are obligated to pay assessments based
on a particular budget may reject said budget at a special meetin~ of the Association by a vote of 51% of
the votes of each c(ass of Members. Until assessments liave commenced on att Lots, Declarant shall have
the option of either paying an amount equal to the assessments which would have been due with respect
to the unoccupied Lots owned by it had assessments commenced thereon or paying to the AssociatiQn an
amount equa! to the excess, if any, of actual expenses of the Association over assessments levied.
Section 7.4 Lew of General Assessment. In order to meet the costs and expenses
projected in its operating budget, the Board shall determine and levy on every O~vner a~eneral
assessment. The Association's operating budget shall be divided by the number of Lots to determine the
amount of one assessment unit. Except as provided in Section 73 with respect to unoccupied Lots owned
by the Declarant, each O~vner's general assessment shall be calculated by multiplying the number of Lots
owned by the Owner by one assessment unit.
Section 7.5 Amount of General Assessment. The Board shall make reasonable efforts to
determine the amount of the gzneral assessment payable by each Owner for an assessment period at least
30 days in advance of beginning of such period. Notice of the general assessment shall thereupon be sent
to ea.ch Owner subject to assessment; provided, however, that failure to notify an Owner of the amount of
an assessment shall not render such assessment void or invalid. Any failure by the Board, before the
expiration of any assessment period, to fix the amount af the ~eneral assessment hereunder for the next
period, shall not be deemed a waiver or modification in any respect of the provisions of this Article or a
release of any ~wner from the obligation to pay the general assessment, or any installment thereaf for
that or any subsequent assessment period.
Section 7.6 Assessment Period. The general assessment fi~ed for the preceding period
shall continue until a new assessment is fixed. Upon any revision by the Association of the operating
budget during the assessment period for which each budget was prepared, the Board shall, if necessary;
revise the general assessment levied against the Owners and give notice of the same in the same manner
as the initial levy of a general assessment for the assessment period.
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Section 7.7 Special Assessments. In addition to the general assessments authorized by this
Article, the Association may levy an assessment or assessments at ar~y time against all Lat Owners,
applicable to that year only, for the purpose of defraying, in whole or in part, the cost of any construction
or reconstruction, inordinate repair, or replacernent of a Common Area, or for such other purposes as the
Association may consider appropriate; provided, however, that any such assessment must have the prior
favorable voie of a majority of each class of Members. The amount of each Owner's special assessment
for any year shall be calculated like the general assessment, ercept that the tota) special assessment shall
be substituted for the operating budget amount and shall be payable in one or more installments, as
determined (iy the Board. in addition, costs incurred by the Associatian for work done on the ~wner's
Lot pursuant to Section 6.1 shall be a special assessment against the Owner of that Lot. Special
assessments may be levied either before or after the work is done, in the discretion of the Board.
Section 7.8 Manner and Time of Pa, ment. Assessments shall be payable in such
reasonable manner as the Board shall designate. Any assessment or installment thereof which remains
unpaid for at least l5 days after the due date thereof sha11 bear interest at the rate of 12% per annuir., and
the Board may also assess a late charge in an amount not eYCeeding 25% of any unpaid assessment which
has been delinquent for more than IS days.
Section 7.9 Accounts. Any assessments collected b_y the Association shall be deposited in
one or more federally insured institutional depository accoun~.s Established by tlie Bo~ard. The Board shall
have exclusive control of such accounts and shall maintain accurate records thereof. No withdrawal shali
be made from said accounts except to pay for charges and expenses authorized by this Declaration.
Section 710 Lien. In the event any assessrnent or installment thereof remains delinqaent for
more than 34 days, the Board may, upon l5 days' prior written notice to the Owner of such Lot of the
existence of the default, accelerate and demand immediate pa~~ment of the entire assessment. The amount
of any assessment assessed or charged to any Lot plus interest, costs, late charges and reasonable
attorneys' fees, shall be a tien upon such Lot. A notice of assessment may be recorded in the office where
real estate conveyances are recorded for the county in which the Lot is ]ocated. Such notice of
assessment may be filed at any time at least l 5 days following delivery of the notice of default referred to
above in this Section. The lien for payment ~f such assessment and charges shall have priority over all
other liens and encumbran~es, recorded or unrecorded, limited as provided in Section 10.1. Suit to
recover a money judgment forunpaid assessments or charges shatl be maintainable ~~vithout foreciosure or
waiver of the lien securing the same. Said liens may be foreclosed as a mortgage. ~
Section 7.11 Waiver of Homestead. Each Owner hereby waives, to the extent of any liens
ereated pursuant to this Article, the benefit of any h~mestead or exemption law in effect at the time any
assessment or installment thereof becomes delinquent or any I ien is imposed pursuant to the terms hereof..
Section 7.12 Records and Financial Statements. The Board shal) prepare or cause to be
prepared for any fiscal year in which the Association levies or collects any assessments, a balance sheet
and an operating (income/expense) statement for the Association which shall include a schedule of
deiinquent assessments identified by the number of the Lot and the name of the Lot Owner; provided,
however, such doeuments need not be prepared by a certified public aceountant unless requested by the
Board or a majority of the Owners. Tlie Board shall cause detailed and accurate records of the receipts
and expenditures of the Assaciation to be kept specifying and itemizing the maintenance, operating, and
any other expense incuired. Such records, copies of this Declaration, the Articles aod the Bylaws, and
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any resolutions authorizing expenditures of Association funds shall be available for examination by any
Owner during normai business hours or under other reasonable circumstances.
Section 7.13 Certificate of Assessment. A certificate eYecuted and aeknowled~ed by the
treasurer or the president of the Board (or an autharized a~ent thereof, if neither the president nor
treasurer is available) stating the indebtedness for assessn~ent and charges or lack thereof secured by the
assessments upon any Lot shall be conclusive upon the Association as to_the amount of such indebtedness
on the date of the certifcate, in favor of all persons who rely thereon in good faith. Such a certificate
shali be furnished to any Owner or any Mortgagee o€ a Lot within a reasonable time after request, in
recordable form, at a reasonable fee. Unless otherwise prohibited by law, any Mortgagee holding a lien
on a Lot tnay pay any unpaid assessments or charges ~vith respect to such Lot, and, upon such payment,
shalt have a lien on such Lot for the amounts paid of the same priority as its lien.
Section 7.14 Foreclosure of Assessment Lien: Attornevs Fees and Costs. The Board (or
autharized agent), on behalf the Association, may initiate an action to foreclose the lien of, or collect, any
assessment. In any action to foreclose the lien of, or otherwise collect, d$linquent assessments or charges,
any judgment rendered in favor of the Association shall include a reasonabie sum for attorneys' fees and
all costs and eYpenses reasonably incurred in preparation for or in the prosecution of said action, in
addition to all costs permitted by law. Said liens may be foreciosed as a mortaage.
Section 7.15 Curing of Default. The Board shall prepare and ~cord a satisfaction and
release of the lien for which a notice of assessment has been filed and recorded in accordance with this
Article upon timely payment or other satisfaction of all dtlinquent assessment~ set forth in the notice and
all other assessments which have become due and payable following the date of such recordation with
respect to the Lot to which such notice of assessment was recorded, together with all costs, late char~es
and interest which have accrued thereon. A fee of twenty-five dollars ($2S.Q0) or such other amount as
may from time to time be set by the Board covering the cost of prepazation and recordation shall be paid
to the Association prior to such action. The satisfaction and release of the lien created by the notice of
assessment shall be executed by the president or treasurer of the Association or by any authorized
re~resentative of the Board. For the purpose of this para~raph, the term "costs" shall in.,lude costs and
eYpenses actually incurred or expended by the Association in connection with the cost of preparation and
recordation of the notice of assessment and any efforts to collect the delinquent assessments, ineluding a
reasonable sum for at#orneys' fees and costs.
Section 7.16 Delinquent Assessment Deposit~ Workin~ Capital.
7.16.1 A Lot Owner may be required by the Board, from time to time, to make and
maintain a deposit of up to three months' estimated monthly assessments, which may be collected as are
other assessments and charges. Such deposit shall be held in a separate fund, be credited to the Lot
owned by such Owner, and be for the purpose of establishing a reserve for delinquent assessments.
7.16.2 Resort may be had thereto at any time when such owner is ten days or more
delinquent in paying his or her monthly or other assessments and char~es. Said deposits shall not be
considered as advance payments of regular assessments. In the event the Board should draw upon said
deposit as a result of a Lot Owner's delinquency in payment of any assessments, the Ow~er shall continue
to be responsible for the immed.iate and full payment of said delinquent Assessment (and all penalties and
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costs thereon) and thus the full restoration of said deposit, and the Board shall continue to have all of the
rights and remedies for enforcing such assessment payment and deposit restoration as provided by this
Deciaration and by law.
7.16.3 Lpon the sale of a Lot, the seller/Owner thereof shall not be entitled to a
refund from the Association of any deposit or reserve account made or maintained with respect to such
Lot pursuant to this or any other section of this Declaration; rather, any such deposit or reserve account
shaii continue to be hetd by the Association for the credit of such .Lot, and the selier/Owner shall be
responsible for obtaining from the purchaser a~propriate con~pensation therefor.
7.1.6.4 The first purchaser of any Lot shalt pay to the Association, in addition to
other amounts due, an amoun# equal to three months of monti~ly assessrnents as an initial contribution to
the Association's ~vorking capital. Such working capital contributions shall not be used to defray
Declarant's expenses in completing the constnaction or develupment of the Property, to pay Declarant's
contributions to Association reserves or to make up any deficits in the budget of the Association.
Article 8, COMPLIANCE AND ENFORCEMENT
Section 8.1 Enforcement.
8.1.1 Each Member, Board member and the Association shall comply strictly with
the provisions of this Declaration and with the Bylaws and administrative rules and regulations adopted
by the Association (as the same may be lawfully amended from time to time). Failure to comply shall
result in a elaim for damages or injunctive relief, or buth, by the :Board (acting through its officers on
behaif of ths Association and the Owners) or by the a~,grieved Owner on his own, aaainst the party
(including an Owner or the Association) failing to comply_
$.1.2 In any action or arbitration to enforce the provisions of this Section or any
other provision of this Declaration, the Articles or the Bylaws, the prevailin~ party in such action or
arbitration shall be entitled to an award for reasonable attorneys' fees and all costs and erpenses
reasonably incurred in preparation for prosecution of said action or arbitration, in addition to all costs
permitted by law.
Section 8.2 Na Waiver of Strict Performance. The failure of the Boarci or Declarant, as
applicable, in any one or more instances to insist upon or enforce the strict performance of any of the
terms, covenants, conditions or restrictions of this Declaration, or of any Bylaws or administrative rules or
regulations, shal) not be construed as a waiver or a relinquishment for the future of such term, covenant,
condition or restriction, but such terrrt, covenant, condition or restriction shall remain in fu(I force and
et~ect. No waiver by thz Board of any provision hereof shall be deemed to have been made unless
expressed in writing and signed by the Board.
Section $.3 Arbitration. Any dispute between the Owners, between an Owner and the
Board or the Associatic~n or between au Owner, the Board or the Association and Declarant shall be
determined by arbitration in Thurston County, Washington, under the American Arbitration Association
(AAA) Commercia( Arbitratian Rules wit1~ Expedited Procedures in effect on the date hereof, as modified
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bv this Declaration. There shall be one arbitrator setected by the parties within seven days of the
arbitration demand or, if not, then selected pursuant to the AAA Rules. The arbitrator shall be an attorney
with at least five years' owners association, subdivision or real estate law esperience. Any issue abaut
whether a claim must be arbitrated pursuant to this Declaration shall be detern~i.ned by the arbitrator. At
the request of either parly matle not later than 45 days after the arbitration demand, the parties agree to
submit the dispute to nonbinding mediation which shall not delay the arbitration hearing date. There shall
be no substantive motions or discovery, except the arbitrator shall authorize such discovery as may be
necessary to ensure a fair hearing, which shali be held wittiin 90 days of the demand and concluded
within two days. These time limits are not jurisdictional. The arbitrator shall apply substantive (aw and
may a.ward injunctive relief or any other remedy available from a judge including attorneys' fees and
costs to the prevailing party, but the arbitrator shall not have the power to award punitive damages. This
arbitratioa provision shall not cover claims by the Association for collection of assessments; such claims
shall be governed by Article 7.
Section $.4 Remedies Cumulative. Except for claims which must be arbitrated pursuant to
Section 83 above, the remedies provided herein are cumulative, and the Board may pursue them
concurrently, as weil as any other remedies which may be available under !aw although not expressed
herein.
Article 9. LIMITATION OF LIABILITY
Section 9.1 No Personal Liabilitv. So long as a Board tnember, Association committee
member, Association officer, or authorized agent(s) has acted in good faith, without willfi~l or intentio~al
misconduct, upon the basis of such intonnation as may be possessed by such person, no person sha11 be
personally liable to any Member, or other party including the Association, for any damage, loss or
prejudice suffered or claimed on accoimt of any act~ omission, error, negligence (except gross
negligence), any discretionary decision or failure to make a discretionary decision, by such person in such
person's official capacity; provided, however, that this Section shall not apply where the consequences of
such act, omission, error or negiigerace are covered by insurance or bond obtained by ihe Board pursuant
to Article 4 or Article 14 hereof.
Section 9.2 Tndemnification. Each Board member or Assaciation committee member, or
Association Officer, and their respective heirs and successors, shall be indemnified by the Association
against a11 expenses and liabilities, including attorneys' fees, reasonably incurred by or imposed in
connection with any proceeding to which he or she may be party, or in which he or she may become
involved, by reason of being or having held such position at the time such expenses or liabilities are
incurred, except in such cases wherein such person is adjudged guilty of intentional misconduct, or gross
negligence or a knowing violation of !aw in the performance af his or her duties, and except in such cases
where such person has participated in a transaction from which said person will personally receive a
benefit in money, properly, or services to which said person is not legally entitled; provided, however,
that in the event of a settlement, indemnification shall apply only .when the Board approves such
settlement and reimbursement as being in the best interests of the Assc~ciation. Nothin~ contained in this
Section 9.2 shall, however, be deemed to obligate the Association to indemnify any Member who is or
has been a Board member or offcer of the Association with respect to any duties ~r obligations assumed
or liabilities incurred by him or her under and by virtue of the Declaration as a Member or Owner af a
Lot.
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Article l0. MORTGAGEE PROTECTiON
Section 1 Q.1 Priority of Mort~es. Motwithstanding all other provisions hereof, the liens
created under this Declaration upon any Lot for assessments shall be subject to tax liens on the Lot in
favor of any assessing and/or special district and be subject to the rights of the secured party in the case of
any indebtedness secured by first lien mortgages.or deeds of tnist which were made in goal faith and for
value upon the Lot. A mortgagee of a Lot, or ~ther purchaser of a Lot, ~vho obtains possession of a I.ot as
a result of foreclosure or deed in lieu thereof wili be liabfe fc~r any assessment accruing after such.
possession. Such unpaid share of common expenses or assessments shall be deemed to be common
expenses collectible from all of the Lot Owners including such possessor, his successor and assigns. For
the purpose of this Article, the terms "mnrtgage" and "mortgagee" shall not inean a real estate contract (or
the vendor thereunder), or a mortgage or deed of trust (or mortgagee or beneficiary thereunder) securing a
deferred purchase price balance owed with respect to a sale by an individual Lot Owner other than
Declazant.
Section 10.2 Effect of Declaration Amendments. No amendment of this Declaration shall
be effective to n~odify, change or limit or alter the rights expressly conferred upon mort~agees in this
instrument with respect to any unsatisfied ~nortgage duly recorded unless the amendment sha(t be
consented to in writing by the holder of such mortgage. Any provision of this Article conferrin~; rights
upon mortgagees which is inconsistent witfi any other provision of this Declaration shail control over
s~~ch other inconsistent provisions.
Section 10.3 Rights of Lien Holders. A breach of any of the provisions, conditions,
rest~ictions, covenants, easements or reservations herein contained shal! not affect or impair the lien or
charge of any bona fide mortgage made in good faith for value on any Lots; provided, however, that any
subsequent owner of the Lot shall be bound by these ~rovisions whether such owner's title was acquired
by foreclosure or trustee's sale or otherwise.
Section 10.4 Copies of Notices. If the first mortgagee of any Lot has so requested of the
Association in writing, the Association shali give wntten notice to such 6rst mortgagee that an
Owner/martgagor of a Lot has for more ihan 60 days failec! to meet any obligation under tt~is Declaration.
Any first mortgagee shall, upon written request, also be entitled to receive written notice of aiI meetings
of the Association and be permitted to designate a representative to attend such meetings.
Section 10.5 Furnishin~ of Documents. The Association shall make available to prospective
purchasers, mortgagees, insurers, and guarantors, at their request, current copies of the Declaration,
Bylaws, and other rules governing the Property, and the most recent balance sheet and income/expense
statement for the Association, if any has been prepared. The Association may require the requesting party
to pay a reasonable charge to pay the cost of making the copies.
Article 11. EASEMENTS AND SPECIt~L TRACTS
Section 11.1 Association Fun~tions. There is hereby reserved to Declarant and the
Association or their duly authorized agents and representatives such easements as are~.necessary to
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perform the duties and obli~atians of the Association as are set forth in the Declaration, or in the Bylaws,
and rules and regulations adopted by the Association. Such easements include, but are not limited to, an
easeinent for the Association and its agents for access over, across and through each Lot to perform its
maintenance obiigations with respect to yards of Homes as provided in Section 6.1.
Section 11.2 Utilitv Easements. Various easements are reseryed on the Lots, as provided by
the Plat Map and applicable la~vs, ordinances and other govemmental rule and regulations for utility
instatlation and maintenance, includin~ but not limited to, underground eleetric power, telephone, cable
television, water, sewer, gas and drainage and accessory equipment, together with the right to enter upon
the Lots at all times for said purposes. Within these easements, no structure, planting, or other material
shail be placed or permitted to remain that may damage, interfere with the installation and maintenance of
utilities, that may chanae ti~e direction of flow of drainage channels in the easements, or that may obstn~ct
ar retard the flow of water through drainage channels in the easements. The easement area of each Lot,
and all improvements thereon, shall be maintained continuously by the Owner of each Lot, except for
those improvements for which a public authority or utility company or the Association is responsible
within the easement areas. The Owner shall maintain the portion af any utility on the Owner's I,ot that
serves oniy the Owner's Lot to the point of connection to the portion of the system that serves more than
one Lot.
Seetion 11.3 Entrv hv Securi Patrot. If the Board contracts for security patrol service, said
senrzce, and its empioyees, shail have the right to enter onto any of the Lots and the Common Area in
order to carry out their duties under such security patrol agreement; provided, however, that, said patrol
service can enter a Lot only if it is either (i) doing so with reasonable cause, ar (ii) acting with the consent
of the Owner or tenant of such Lot.
Article 12. ABANDONMENT OF SUBDN~SION STATITS
Seition 12.1 Duration of Covenants. The covenants contained herein shall n~n with and
bind the land and be peipetual, unless modified by an instrument executed in accordance with Article 13.
Section 12.2 Abandonment af Subdivision Status. The Association shall not, without the
pri.or written approval of the governmental entity having jurisdiction over the Property and without prior
written approval of t00°lo of all first Mortgagees and Owners (other than the sponsor, developer or
builder) of record, seek by act or omission to abandon or terminate the subdivision status of the Praperty
as approved by the governmental entity having appropriate jurisdiction over the Property.
A.rticle 13. AMENDMENT OF DECLARATION OR PLAT MAP
Section 13.1 Declaration Amendment. Amendments to this Declaration shall be made bv an
instrument in writing entitled "Amendment to Declaration" which sets forth the entire amendment. Until
the Transition Date, this Declaration may be amended by an instrument approved and executed by
Declarant and approved by 67% of each class of inember in the Association. Thereafter, amendments
must be approved by Owners, including Declarant, having over 67% af fhe votes in the Assa;iation. The
members' approval may be obtained by a special vote of the members at a meetins of the Association, or
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the written consent of the requisite percentage of inembers. The amendment shall be executed by the
president and secretary of the Association w1~o shall certify that the requisite vote or consent has been
obtained. Notwiihstanding any of the foregoing, the prior written approval of 51 % of all Mortgagees who
have requested from the Association notification of amer~dments shall be required for any materiat
amendment to the Declaration or the Bylaws of any of the foltowing: voting rights; assessments,
assessment liens, and subordination of such liens; reserves far maintenance, repair, and replacement of
Co~nmon Areas; insurance or fidelity insurance; responsibility for maintenance and repai.r; the boundaries
of any Lot; convertibility of .Lots into Common Areas ar of Common Areas into Lots, teasing of Lots
other than set f~rth herein; imposition of any restrictions on the right of an Owner to sell or transfer his
Lot; a decision by the Association to establish self-management when professional management has been
required previously by the Mortgagees; or any provisions whieh are f~r the express benefit of Mortga~ees
or eligible insurers or guarantors of first Mortgages. it is speci .fically covenanted and understood that any
amendment to this Declaration properly adopted will be cornp(etely effective to amend any or all of the
covenants, conditions and restrictions contained herein which may be affected and any or all clauses of
this Declaration uniess otherwise specifically provided in the section bering amended or d~e amendment
itself.
Section 13.2 Plat Man. EYCept as otherwise provided herein, the Piat Map may be amended
by revised versians or revised portions thereof referred to and described as to affect an amendment to the
Declaration adopted as provided for in Section 13.1. Copies of any such proposed amendment to the Plat
Map sha11 be made available for the examination of every Owner. Such an amendment to the Plat Map
shali be effective, once properly adopted, upon having received any governmenta) approval required by
iaw and recordation in the appropriate city or county offices in canjunction with the Declaration
amendment.
Section 13.3 Amendments to Conform to Constcuction. Declarant, upon Declarant's sole
signature, and as an attorney-in-fact for all Lot Owners with ireevocable power coupled with an interest,
may at any time, until all Lots have been sold by Declarant, file an amendment to the Declaration and to
the Plat Map to confomi data depicted therein to impruvements as actually constructed and to establish,
vacate and relocate easements. ~
Article 14. iNSURANCE
Section 14.1 Association Insnrance. The Board shall cause the Association to pwchase and
maintain at all times as a common expense a policy or policies necessary to provide comprehensive
liability insurance; fdelity insurance; worker's compensation insurance to the extent required by
applicable laws; insurance against loss of personal praperty of the Association hy fire, theft, or other
causes with such deductible provisions as the Board deems advisable; and such ather insurance as the
Board deems advisable. The Board may atso, in its sole discretion, cause the Association to purchase and
maintain insurance, if available, for the protection of the Association's directors, officers, and
representatives from personal liability in the management of the Association's affairs. The Board shall
review at leas~t annually the adequacy of the Association's insurance coverage. All insurance shatl be
obtained from insurance carriers that are generally acceptable for similar projects and licensed to do
business in the state of Washington. All such insurance policies and fidelity bonds shall provide that
coverage may not be cancelled or siibstantially modified (including' cancellation for nonpayment of
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premium} without at least 30 days' prior written notice to any and alt insureds named therein, including
Owners, holders of mortgages, and designated servicers of mortgagees.
SeCtion 14.? Owners' Insurance.
142.1 All Owners shall obtain and maintain property insurance, liability insurance,
and such other insurance as the Board deems advisable. All insurance shall be obtained from insurance
carriers that are generally acceptable for similar residential properties and authorized to do business in the
state of Wasl~ington. Alt such insurance policies shafl provide that eoverage may nat be cancelled or
substantially modified (including canceltatian for nonpayment of ~semium) without at }east 30 days' prior
written notice to the Association_ Alt Owners shall provide the Association with proof of insurance upon
the request of ihe Association.
14_2.2 The property insurance maintained by each Owner shall, at the minimum,
provide all risk or speciai cause of loss coverage in an amount equal to the full replacement cost of each
~Tome and ali fia~tures and improvements located thereon, with such reasonable deductibles and
exciusions from coverage as the B~ard may from time to time approve or by rule or regulation establish.
14.23 The IiabiliTy insurance coverage maintained by each Owner shali cover
liability of tl~e insureds for property dama~e aad badily injury and deat6 of persons arising out of the
operation, maintenance, and use of the Lot and such other risks as aze customarily covered for sisnilar
residential properties with a limit of liabitity ofat least $300,000.
14?.4 Any portion af the Home or Lot for which insurance is required under this
Article which is damaged or destroyed shal) be repaired or replaeed pramptly by the C)wner pursuant to
Section 6.24 unless the suUdivision is terminated or repair ar replacement would be illegal under any state
or tocaf heaith or safety statute or ordinance.
Article 15. MISCELLANEOUS
Section 15.1 Notices.
15.1.1 Any written notice or other documents as required by this Declaration, may
be de]ivered personally or by certified rnail. If by mail, such notice, unless expressly provided for herein
to the con~ with regard to the type ~f ~~otice being given, shall be deemed to have been delivered and
received 48 hours after a copy thereof has been deposited in the United States mail, postage prepaid,
addressed as follows:
15.1. t.l If to a Member, other thar~ Declarant: to the mailing.address of
such Member maintained by the Association, pursuant to the Bylaws.
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15_ l. I.2 If co De.ctarant, whether in its capacity as a Member, or in any
other capacity: to the following address (unless Declarant shall have advised the Board in writing of some
other address):
Bella Housa Village, LLC
Attn: l~terie Hom, Managing .Member
1.49~8 -89'~' Ave. SE
Yelm, WA 98597
1.5_1.13 Prior ta the organization o£ the Association, notices ta the
Association shall be addressed as set forth above. Thereafter, notices to the Association shall be
addressed to the officia) mailing address furnished by written notice from the Association. In addition,
from and after the organizational meeting, notice of the address of the Associafion shall be given by the
Board to each Owner, within a reasonable time at~er the Board has received actual notice of such 4wner's
purchase of a Lot.
Section 15.2 Conveyance: Natice Required. The right of an Owner to sell, transfer, or
othenvise convey his or her Lot shall not b~ subject to any ri~,ht of approval, disapproval, frst refusal, or
simi(ar restriction by the Association or the Board, or anyone acting on their behalf. If a Lot is being
sold, the Board shall have the right to notify the purchaser, the title insurance company, and the closing
agent of the amount af unpaid assessments and charges ou.tstanding against the I.ot, whether or nat such
information is requested.
Section 15.3 Successors and Assi~ns. This Declaration shall be binding upon and shal3
inure to the benefit of the heirs, persona) represe~tatives, successors and assigns o£ Declarant, and the
heirs, personal representatives, grantees, lessees, sublessees and assigns of the Menmber.
Section 15.4 Joint and Severai Liabilitv. In the case of joint ownership of a Lot, the liability
of each of the Owners thereof in connection with tl~e liabilities and obligations of Owners, set forth in or
impased by this Declaration, shall be joint and several.
Section 15.5 Mortga~ee's Acceptance.
15.~.1 This Declaration shall not initially be bindin~ upon any M~rtga~ee of record
at the time of recording of said Dec(aration but rather shall be subject and subordinate to said
Mortgagee's Mortgage.
15.~.2 Declarant shall not consummate the conveyance of title of any Lot until the
Mortgagee of the Lot shall have accepted the provisions of this Declaration and made appropriate
arrangements for partiat release of the Lot from the lien of the Mortgage. The issuance and recording of
the first such partial release by said Mort~agee shall constitute its acceptance of the provisions of this
Declaration and the status of the Lots remaining subject ta its Mortgage as well as its acknowledgment
that such appropriate arrangements for partial release of Lots has been made; provided, that, except as to
Lots so released, said Mortgage shall remain in full force and effect as to the entire property.
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Section 15.6 Severabilitv. The provisions hereof shall be deemed independent and
severable, and the invalidity or partial invalidity or unenforceability of any one provision or portion
thereof shall not affect the validity or enforceability of any other provision hereof.
Section 15.7 Construction. The provisions of this Declaration shall be liberally construed to
effectuate its purpose of creating a uniform plan for the operation and maintenance of the Property.
Section 15.8 Captions. Captions given to the various articles and sections herein are for
convenience only and are not intended to modify or affect the meaning of any of the substantive
provisions hereof.
Section 15.9 Effective Date. The Declaration shall take effect upon recording.
[remainder of page intentionally left blank]
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IN WITI~FESS SVHEREC)F, Declarant has e~ecuted this Declaration ~f Covenants, Gonditions,
R~eservations for BELLA N~~1SA VI~.LAGL;, on ihe d~y a.nd year first herein above written.
~ECLAR,~1~•iT: ~BLLt~ Ht~USA VILLAGE, LLC,
a 1~Vashingtan lin~ited l~ataility c~mpany
Iiy
Merle Hom, I€s Mana~iog ~lember
STA'TE t~F uTASHINGTON )
) ss.
Ct?U~+FTY OF THURSTON )
I c~rtify that I knaw or have satisfactary evidenee that MERLE HOM is the person who appeared
before me, and said person acknowtedged that said persc~n signed this irastrurtaent, on oath stated that satd
person was authorized to execute the instrument and aclcnotivtedged it, as the Managing Member of
BELLA NOUSA VILL,AGE, LLC, a Washin~ton I+mited liahility cc~nrpany, to be the free and voluntary
act of such carparation for the uses atad purpnse3 mentioned in the insirunient.
M
Dated €hisZ~J day of ~tA,V~I. , 200$
~ ~~l
_-- - - (Si~nature af Notarvl
Notary Public K t C~,Y~.A^t
State of VVashin~;ton (Legibiy Print or Stamp N~me of Notary)
DANIELLE D DAHM otary public in and for the state of Washington, residing
MY COMMfSSION EXPIRES ~ ~,
September 14, 2011 v appointtnent eYpires
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EXHIBTT A
LEGAL DESCiZ.tPTt(3N QF TN~ .PROPERTY
PARCEL A:
THE NORTH HALF OF THE NORTH~AST QUARTBR QF THE SOUTHE~AST QUARTER QF THE
SOUTHWEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE l fiAST, W.M.,
EXCEFT COUNTY ROAD KN(~WN AS MOUNTAIN VIE4V RUAD ADJACENT ON THE EAST.
PARCEL B:
THE NORTH HALF OF THE NORTHV4~EST QU.ARTER OF THE SOUTHBAS`T QUARTER Ol? THE
SOUT~~4VEST QUARTER OF SECTION 13, TOWNSHIP 17 NORTH, RANGE 1 EAST, V4'.M.,
E3tCEPT COUNTY ROAD KNOWN AS BURNETT ROA_D ADJACENT ON THE 4VEST.
1N TFNRSTON COLT~TTY WASHINGTON
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IlIIIIIIIIIIIIIIIlIIIIIIIIIIIIII Illllllll IIIIIIIIIIIIIIIII Illllllll llllllllllllllllllllllllllllllllll IIII_ __ .
eturn Address
ity of Yelm
isha R. Box
~ Box 479
elm, WA 98597
Document title(s) (or transactions contained therein): ~
1. Residential Agreement to Maintain Stormwater Facilities for Bella Housa Village Plat.
Reference Number(s) of Documents assigned or released:
(on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1. Bella Housa Village LLC
2. Bella Housa Village
Grantee(s) (Last name, first name, middle initial)
1. City of Yelm
2.
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
Parcel 1- The North half of the NE '/4 of the SE '/4 of the S W'/4 of S 13, T 17N, R 1 E, W.M.
Parcel 2-The North half of the NW '/4 of the SE '/4 of the S W'/4 of S 13, T 17N, R 1 E, W.M.
Assessors Property Tax ParceVAccount Number:
21713340200,21713340000i
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RESIDENTIAL
AGREEMENT TO MAINTAIN ~
STORMWATER FACILITIES AND A POLLUTION SOURCE CONTROL PLAN
BY AND BETWEEN ~
BELLA HOUSA VILLAGE LLC
ITS HEIRS, SUCCESSORS, OR ASSIGNS
(HEREINAFTER "OWNER")
AND '
THE CITY OF YELM
(HEREINAFTER "JURISDICTION°)
The upkeep and maintenance of stormwater facilities and implementation of pollution
control best management practices (BMP's) is essential to the protection of water resources.
All property owners are expected to conduct business in a manner that promotes
environmental protection. This Agreement contains specific provisions with respect to
maintenance of stormwater facilities and use of pollution source control BMP's.
LEGAL DESCRIPTION: Plat of Bella Housa Village, Parcel # 21713340200 and
217133400000 Thurston County, Yelm, WA
Whereas, the OWNER has constructed improvements, including but not limited to,
buildings, 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 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„
(2) Implement the pollution source control program included herein as Attachment "B".
(3) Maintain a record (in the form of a log book) of steps taken to implement the program
referenced in (1) and (2) above. The log book shall be available for inspection by
appointment at the Bella Housa Club House. The log book shall catalog the action
taken, who took it, and when it was done, how it was done and any problems
encountered or follow-on actions recommended. Maintenance items)"problems" listed
in Attachment "A" shall be inspected as in the attached instructions or more often if
necessary. The owner is encouraged to photo copy the individual checklists in
Attachment "A" and use them to complete its inspections. These completed checklists
would then, in combination, complete the log book.
(4) Submit an annual report to the JURISDICTION regarding implementation of the
programs referenced in (1) and (2) above. The report must be submitted on ~r before
May 15 of each calendar year and shall contain, at a minimum, the following:
(a) Name, address, and telephone number of the businesses, the person, or the
firms responsible for plan implementation, and the person completing the report.
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(b) Time period covered by the report.
(c) A chronological summary of the activities conducted to implement the programs
referenced in (1) and (2) above, A photocopy of the applicable sections of the
log book, with and additional explanation needed, shall normally suffice. Foer
any activities conducted by paid parties, include a copy of the invoice for
services.
(d) An outline of planned activities for the next year.
THE JURISDICTION SHALL:
(1) Provide technical assistance to OWNER in support of its operation and maintenance
activities conducted pursuant to its maintenance program. Said assistance. shall be
provided upon request, and as City time and resources permit.
(2) Review the annual report, 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 the owner notice of specific maintenance and/or repair required. The
JURISDICTION shall set a reasonable time in which such work is to be completed by
the persons who were given notice. If the above required maintenance and/or repair is
not completed within the time set by the JURISDICTION, written notice will be sent to
the Owner stating the JURISDICTION's intention to perform such maintenance and bill
the owner for all incurred expenses.
(2) If at any time the JURISDICTION determines that the existing system creates any
imminent threat to public health or welfare, the JURISDICTION may take immediate
measures to remedy said threat. No notice to the persons listed in (1), above, shall be
required under such circumstances. All other OWNER responsibilities remain in effect.
(3) The OWNER grants unrestricted authority to the JURISDICTION for access to any and
all stormwater system features for the purpose of performing maintenance or repair as
may become necessary under Remedies (1) and/or (2).
(4) The OWNER shall assume all responsibility for the cost of any maintenance and for
repairs to the stormwater facility, except ofr those maintenance action explicitly
assumed by the JURISDICTION in the proceeding 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
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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 Fiaving or acquiring from OWNER or their successors any
right, title, or interest in the property or any part thereof, as well as their title, or interest in the
property or any part thereof, as well as their heirs, successors, and assigns. They shall
inure to the benefit of each present or future successor in interest of said property or any
part thereof, or interest therein, and to the benefit of all citizens of the JURISDICTION.
~:~d~
Owner/Manager ,
Dated this day ~~ of 20 d~
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Thurston County Washington
CITY OF YELM
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STATE OF WASHINGTON
COUNTY OF THURSTON
ss.
On this day and year above personally appeared before me,
known to be the individual(s) described, and who executed
the foregoing instrument and acknowledge that he/she signed the same as his/her free and
voluntary act and deed for the uses and purposes therein mentioned.
Given under my hand and official seal this Z~J~ day of Su.ln~ , 206~
Notary Public in and for the State of
Washington, residing at
My commission exp`es
STATE OF WASHINGTON
COUNTY OF THURSTON
City of Yelm
ss.
On this day and year above personally appeared before me, ~e.r~~ ttOm ,
who executed the foregoing instrument and acknowledge the said instrument to be the free
and voluntary act and deed of said Municipal Corporation for the uses and purposes therein
mentioned and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this Zs~ day of ~f~ , 200 8.
C ~ Cv-
Notary Public in and for the State of
Washington, residing at ~ *{0 C
Notary Public My commission expires
State of Washington
DANIELLE D DAHM
MY COMMISSION EXPIRES
September 14, 2011
-- ------ - --~
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CITY OF YELM
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ATTACHMENT A
MAINTENANCE PROGRAM
INSTRUCTIONS FOR MAINTENANCE OF STORM DRAINAGE FACILITIES
The following pages contain maintenance needs for most components that are part of the
drainage system. A checklist should be completed for all system components according to the
following schedule:
l. Monthly from November through April
2. Once in late summer (preferably September)
3. After any major storm (use 1" in 24-hours as a guideline) items marked "S" orily.
Using photocopies of these pages check off the problems identified with each inspection. Add
comments on problems found and actions taken. Keep these "checked" sheets in a file, as they
will be used to write the annual report (due in May of each year). Some items do not need to
be checked with every inspection. Use the suggested frequency at the left of each item as a
guideline for the irispections.
The City of Yelm is available for technical assistance. Do not hesitate to call, especially if it
appears that a problem may exist.
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CITY OF YELM
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CpVER SHEET
Inspection Period:
Number of Sheets Attached:
Date Inspected:
Name of Inspector:
Inspector's Signature:
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CITY OF YELM
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SECTION 1 - REQUIRED MAINTENANCE
The drainage facilities will require occasional maintenance. The checklists below are the
minimum maintenance requirements and inspection frequencies.
Maintenance Checklist far Conveyance Systems (Pipes and Swales)
Frequency Drainage ~ Problem Conditions to Check For Conditions That Should
System Req'd Exist
Feature
M.S. Pipes ~ Sediment & Accumulated sediment that Pipe cleaned of all
debris exceeds 20% of the diameter of sediment and debris.
the pipe.
M ~ Vegetation Vegetation that reduces free All vegetation removed so
movement of water through pipes. water flows freely.
A ~ Damaged Protective coating is damaged, Pipe repaired or replaced.
(rusted, rust is causing more than 50%
bent or deterioration to any part of pipe.
crushed)
M ~ Any dent that significantly Pipe repaired or replaced.
impedes flow (i.e., decreases the
cross section area of pipe by more
then 20%).
M ~ Pipe has major cracks or tears Pipe repaired or replaced.
allowing groundwater leakage.
M.S. Swales Trash & Dumping of yard wastes such as Remove trash and debris
debris grass clippings and branches into and dispose as prescribed
swale. Accumulation of non- by City Waste
degradable materials such as Management Section.
• glass, plastic, metal, foam and
coated paper.
M Sediment Accumulated sediment that Swale cleaned of all
buildup exceeds 20% of the design depth. sediment and debris so
that it matches design.
M Vegetation Grass cover is sparse and weedy Aerate soils and reseed
not or areas are overgrown with and mulch bare areas.
growing or woody vegetation. Maintain grass height at a
overgrown minimum of 6" for best
stormwater treatment.
Remove woody growth,
' recontour and reseed as
necessary.
M Conversion Swale has been filled in or If possible, speak with
by owner to blocked by shed, woodpile, owner and request that
incompatibl shrubbery, etc. swale area be restored.
e use Contact City to report
problem if not rectified
voluntarily.
A Swale does Water stands in swale or flow A survey may be needed
not drain velocity is very slow. Stagnation to check grades. Grades
occurs. need to be in 1% range if
ossible. If ade is less
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CITY OF YELM
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Frequency Drainage .~ Problem Conditions to Check For Conditions That Should
System Req'd Exist
Feature
than 1%, underdrains may
need to be installed.
If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance.
Comments:
Key: A= Annual (March or April preferred)
M = Monthly (see schedule)
S = After major storms
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ATTACHMENT "A" (CONTINUED)
Maintenance Checklist for Catch Basins and Inlets
Frequency Drainage ~ Problem Conditions to Check For Conditions That
System Should Exist
Feature
M.S. General ~I Trash, debris and Trash or debris in front of No trash or debris
sediment in or on the catch basin opening is located
basin blocking capacity by more immediately in
than 10%. front of catch basin
opening. Grate is
• kept clean and
allows water to
enter.
M ~ Sediment or debris (in the No sediment or
basin) that exceeds 1/3 the debris in the catch
depth from the bottom of basin. Catch basin
basin to invert of the is dug out and
lowest pipe into or out of clean.
the basin.
M.S. ~ Trash or debris in any inlet Inlet and outlet
or pipe blocking more than pipes free of trash
1/3 of its height. or debris.
M ~ Structural Corner of frame extends Frame is even with
damage to frame more than 3/4" past curb curb.
and/or top slab face into the street (if
applicable).
M ~ Top slab has holes larger Top slab is free of
than 2 square inches or holes and cracks.
cracks wider than 1/4"
(intent is to make sure all
material is running into the ~
basin).
M ~ Frame not sitting flush on Frame is sitting
top slab, i.e., separation of flush on top slab.
more than 3/4" of the
frame from the top slab.
A ~f Cracks in basin Cracks wider than 1/2" and Basin replaced or
walls/bottom longer than 3', any repaired to design
evidence of soil particles standards. Contact
entering catch basin a professional
~ through cracks or engineer for
maintenance person judges evaluation.
that structure is unsound.
A ~f Cracks wider than 1/2" and No cracks more
longer than 1' at the joint than 1/4" wide at
of any inlet/outlet pipe or the joint of
any evidence of soil inlet/outlet pipe.
particles entering catch
basin through cracks.
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CITY OF YELM
,_I IIIIIII III IIIIII IIIII IIII IIIIIA IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII ~IIII IIIII IIII II~I
Frequency Drainage ~l Problem Conditions to Check For Conditions That
System Should Exist
Feature
A ~ Settlemendmis- Basin has settled more than Basin replaced or
alignment 1" or has rotated more than repaired to design
2" out of alignment. standards. Contact
a professional
engineer for
evaluation.
M.S. ~ Fire hazard or Presence of chemicals such No color, odor or
other pollution as natural gas, oil and sludge. Basin is
gasoline. Obnoxious dug out and clean.
color, odor or sludge
noted.
M.S. ~ Outlet pipe is Vegetation or roots No vegetation or
clogged with growing in inledoutlet pipe root growth
vegetation joints that is more than 6" present.
tall and less than 6" apart.
If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance.
Camments:
Key: A= Annual (March or April preferred)
M = Monthly (see schedule)
S = After major stortns
_ _ - - - -- -- -- - - - ~
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Thurston County Washington
CITY OF YELM
~ I IIIIIII III IIIIII IIIII II'I IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII ~IIII IIIIIII II) IIIII (IIII IIIII IIII IIII_ __ _
ATTACHMENT "A" (CONTINUED)
Maintenance Checklist for Infiltration Systems
Frequency Drainage ~( Problem Conditions to Check For Conditions That Should
System Exist
Feature
M,S General Trash & See Maintenance See Maintenance
debris Checklist for Ponds. Checklist for Ponds.
buildup in
pond
M Poisonous See Maintenance See Maintenance
vegetation Checklist for Ponds. Checklist for Ponds.
M,S Fire hazard See Maintenance See Maintenance
or pollution Checklist for Ponds. Checklist for Ponds.
M Vegetation See Maintenance See Maintenance
not growing Checklist for Ponds. Checklist for Ponds.
or is
overgrown
M Rodent See Maintenance See Maintenance
holes Checklist for Ponds. Checklist for Ponds.
M Insects See Maintenance See Maintenance
Checklist for Ponds. Checklist for Ponds.
A Sborage ~I Sediment A soil texture test Sediment is removed
area buildup in indicates facility is not and/or facility is cleaned
system working at its designed so that infiltration
capabilities or was system works according
incorrectly designed. to design. A sediment
trapping area is installed
to reduce sediment
transport inbo
infiltration area.
A ~ Storage A soil texture test Additional volume is
area drains indicates facility is not added through
slowly working at its designed excavation to provide
(more than capabilities or was needed storage. Soil is
48 hours) incorrectly designed. aerated and rototilled to
or . improve drainage.
overflows Contact the City for
information on its
requirements regarding
excavation.
~--- --- --- - --- -
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Thurston County Washington
CITY OF YELM '
, _IINIIIIIIINIIIilllllllllllllllllllllllllllllllllllllllllllllllllf IIIIllllllflllllllllllllllllllllllllll ~
M Sediment Any sediment and debris Clean out sump to design
trapping filling area to 10% of depth.
area depth from sump
• bottom-to-bottom of
outlet pipe or
obstructing flow into the
connector pipe.
One Time Sediment Stormwater enters Add a trapping area by
trapping infiltration area directly constructing a sump for
area not without treatment. settling of solids.
present Segregate settling area
from rest of facility.
Contact City for
guidance.
M Rock , ~ Sediment By visual inspection Replace gravei in rock
filters and debris little or no water flows filter.
through filter during
heavy rainstorms.
S Infiltratio Infiltration Standing.Water in Excavate bottom of
n Failure Inspection Well After trench as necessary but
Trenches 48 hours after storm or at least 3 feet. Replace
Overflow during Storms with crushed rock.
Check pretreatment
systems for
effectiveness. Check
tributary area for
sediment sources.
If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance.
Comments:
Kev
A= Annual (March or April preferred)
M = Monthly (see schedule)
S = After major storms
~-- - - - -- '
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CITY OF YELM
, I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIII~ III IIIII IIIII IIIII IIII IIII
ATTACHMENT "A" (CONTINUED)
Maintenance Checklist for Grounds (Landscaping)
Frequen Drainage ~l Problem Conditions to Check Conditions That Should
cy System For Exist
Feature
M General ~l Weeds Weeds growing in Weeds present in less
(nonpoisono more than 20% of the than 5% of the landscaped
us) landscaped area (trees area.
and shrubs only).
M ~l Safety Any presence of poison No poisonous vegetation
hazard ivy or other poisonous or insect nests present in
vegetation or insect landscaped area.
nests.
M,S ~1 Trash or See Ponds Checklist. See Ponds Checklist.
litter
M,S ~ Erosion of Noticeable rills are Causes of erosion are
Ground seen in landscaped identified and steps taken
Surface areas. to siow down/spread out
the water. Eroded areas
are filled, contoured, and
seeded.
A Trees and ~l Damage Limbs or parts of trees Trim trees/shrubs to
shrubs or shrubs that are split restore shape. Replace
or broken which affect trees/shrubs with severe
more than 25% of the damage.
total foliage of the tree
or shrub.
M ~ Trees or shrubs that Replant tree, inspecting
have been blown down for injury to stem or roots.
or knocked over. Replace if severely
damaged.
A ~ Trees or.shrubs, which Place stakes and rubber-
are not adequately coatec! ties around young
supported or are trees/shrubs for support.
leaning over, causing
. exposure of the roots.
If you are unsure whether a problem exists, please contact the Jurisdiction and ask for technical assistance.
Comments:
Kev
A= Annual (March or April preferred)
M = Monthly (see schedule)
S = After major storms
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Thurston County Washington ~
CITY OF YELM ,
I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII ~IIII IIIIIII III IIIII IIIII IIIII IIII IIII ,
ATTACHMENT 6
POLLUTION SOURCE CONTROL PLAN
POLLUTION Source Control BMPs
Urban stormwater pollutant sources include manufacturing and commercial areas; high use vehicle parking lots;
material (including wastes) storage and handling; vehicle/equipment fueling, washing, maintenance, and repair
areas; erodible soil; streets/highways; and the handling/application of de-icers and lawn care products.
Reduction or the eliminarion of stormwater pollutants can be achieved by implementing "operational source
control BMPs" including good housekeeping, training, spill prevention and cleanup, preventive maintenance,
regular inspections, and record keeping. These BMPs can be combined with impervious containments and covers,
i.e., structural source control BMPs. If operational and structural source control BMPs are not feasible or adequate
then stormwater treatment BMPs will be necessary. Selecting cost-effective BMPs should be based on an
assessment of the pollutants and their sources.
The following operational source control BMPs must be implemented. .
Formation of a Pollution Prevention Team
• Assign one or more individuals to be responsible for stormwater pollution control. Hold regular
meerings to review the overall operation of the BMPs. Establish responsibilities for inspections,
operation and maintenance, and availability for emergency situations.
• Train all team members in the operation, maintenance and inspections of BMPs, and reporting
procedures.
• Promptly contain and clean up solid and liquid pollutant leaks and spills including oils, solvents,
fuels, and dust from manufacturing operations on any exposed soil, vegetation, or paved area.
• Good Housekeeping
• Sweep paved material handling and storage areas regularly as needed, for the collecrion and
disposal of dust and debris that could contaminate stormwater. Do not hose down pollutants from
any area to the ground, storm drain, conveyance ditch, or receiving water unless necessary for
dust control piuposes to meet air quality regulations and unless the pollutants are conveyed to a
treatment system approved by the local jurisdiction.
• Clean oils, debris, sludge, etc. from all BMP systems regularly, including catch basins,
settling/detention basins, oiUwater separators, boomed areas, and conveyance systems, to prevent
the contamination of stormwater.
• Promptly repair or replace all substantially cracked or otherwise damaged paved secondary
containment, high-intensity parking and any other drainage areas, which are subjected to
pollutant material leaks or spills.
• Stencil warning signs at stormwater catch basins and drains, e.g., "Dump no waste."
Spill Prevention and Cleanup
• Immediately upon discovery, stop, contain, and clean up all spills.
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• If pollutant materials are stored on-site, have spill containment and cleanup kits readily
accessible.
• If the spill has reached or may reach a sanitary or a storm sewer, ground water, or surface water
notify Ecology and the local sewer authority immediately. Notification must comply with and
federal spill reporting requirements. ~
• Do not flush absorbent materials or other spill cleanup materials to a storm drain. Collect the
contaminated absorbent material as a solid and place in appropriate disposal containers.
Training
• Train all employees that work in pollutant source areas in identifying pollutant sources and in
understanding pollutant control measures, spill response procedures, and environmentally
acceptable material handling practices.
Inspections
• Conduct visual inspections quarterly during storm events to achieve following:
• Verify that the descriptions of the pollutant sources identified in the stormwater pollution
control program are accurate.
• Verify that the stormwater pollutant controls (BMPs) being implemented are adequate.
• Update the site map to reflect current conditions.
• In addition, conduct at least one dry season inspecrion each year.
• Deternune whether there is/are unpernutted non-stormwater discharges to storm drains or
receiving waters, such as process wastewater and vehicle/equipment washwater, and either
eliminate or obtain a pernut for such a discharge.
• Record keeping Retain the following reports for three years:
• Visual inspection reports which should include: scope of the inspecrion, the personnel
conducting the inspection, the date(s) of.the inspection, major observations relating to the
performance of the BMPs, etc. and actions taken to correct BMP inadequacies.
• Reports on spills of oil or hazardous substances in greater than Reportable Quantities (Code of
Federal Regulations Title 40 Parts 302.4 and 117), including the following: oil, gasoline, or
diesel fuel, that causes a violation of the State of Washington's Water Quality Standards.
• To report a spili or to deternune if a spill is a substance of a Reportable Quantity, call your
Ecology regional office and ask for an oil spill operations or a hazardous waste specialist:
Northwest Region (425) 649-7000
Southwest Region (360) 407-6300
Eastern Region (509) 456-2926
Central Region (509) 575-2490
Also refer to Emergency Spill Response in Washington State Publication# 97-1165-CP.
• Maintain records of all related pollutant control and pollutant generating activities such as
training, materials purchased, material use and disposal, maintenance performed, etc.
~--- -- - - - ---- - - ----- --- - -
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Pollutant Source-Specific BMPs
The source-specific BMPs described in below, or equivalent BMPs,
BMPs for Illicit Connections to Storm Drains
Description of Pollutant Sources:
• Illicit connections are unpemutted sanitary or process wastewater discharges to a storm drain or
to surface water, rather than to a sanitary sewer, industrial process wastewater or other
appropriate treatment. They can also include swimrning pool water, filter backwash, cleaning
solutions/washwaters, cooling water, etc. Experience has shown that illicit connections are
common, particularly in older buildings.
Pollutant Control Approach:
• Identify and eliminate unpernutted discharges or obtain an NPDES pernut, where necessary,
particularly at industrial and commercial faciliries.
Applicable Operational BMPs:
• Eliminate unpernutted wastewater discharges to storm drains, ground water, or surface water;
and,
• Convey unpernutted discharges to a sanitary sewer if allowed by the local sewer authority, or to
other approved treatment; and,
• Obtain appropriate permits for these discharges.
Recommended Additional Operational BMPs:
• At commercial and industrial facilities conduct a survey of wastewater discharge connections to
storm drains and to surface water as follows:
o Conduct a field survey of buildings, particularly older buildings, and other industrial
areas to locate storm drains from buildings and paved surfaces. Not where these join the
public storm drain(s).
o During non-stormwater conditions inspect each storm drain for nonstormwater
discharges. Record the locations of all non-stormwater discharges. Include all pernutted
discharges.
o If useful, prepare a map of each area as it is to be surveyed. Show on the map the known
location of.storm drains, sanitary sewers, and pernutted and unpernutted discharges.
Aerial photos may be useful. Check records such as piping schematics to identify known
side sewer connections and show these on the map. Consider using smoke, dye or
chemical analysis tests to detect connecrions between two conveyance systems (e.g.,
process water and stormwater). If desirable, conduct TV inspections of the storm drains
and re¢ord the footage on videotape.
o Compare the observed locations of connections with the information on the map and
revise the map accordingly. Note suspect connections that are inconsistent with the field
survey.
~
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o• Identify all connections to storm drains or to surface water and take the actions
specified above as applicable BMPs. '
BMPs for Landscaping and Lawn/ Vegetation Management
Description of Pollutant Sources:
• Landscaping can include grading, soii transfer, vegetation removal, pesticide and fertilizer
applications, and watering. Stormwater contaminants include toxic organic compounds, heavy
metals, oils, total suspended solids; coli form bacteria, fertilizers, and pesticides.
Lawn and vegetation management can include control of objectionable weeds, insects, mold,
bacteria and other pests with chemical pesticides and is conducted commercially at commercial,
industrial, and residential sites. Examples include weed control on golf course lawns, access
roads, and utility corridors and during landscaping; sap stain and insect control on lumber and
logs; rooftop moss removal; killing nuisance rodents; fungicide application to patio decks, and
residential lawn/plant care.
• Toxic pesticides such as pentachlorophenol, carbamates, and organometallics can be released to
the environment by leaching and dripping from treated parts, container leaks, product misuse,
and outside storage of pesticide contaminated materials and equipment. Poor management of the
vegetation and poor application of pesticides or fertilizers can cause appreciable stormwater
contaminarion. •
Pollutant Control Approach:
• Control of fertilizer and pesticide applications, soil erosion, and site debris to prevent
contamination of stormwater.
• Develop and implement an Integrated Pest Management Plan (IPM) and use pesticides only as a
last resort. If pesticides/herbicides are used they must be carefully applied in accordance with
label instructions on U.S. Environmental Protection Agency (EPA) registered materials.
Maintain appropriate vegetarion, with proper fertilizer application where practicable, to control
erosion and the discharge of stormwater pollutants.
• Where practicable grow plant species appropriate for the site, ar adjust the soil properties of the
subject site to grow desired plant species.
Applicable Operational BMPs for Landscaping:
• Install engineered soiUlandscape systems to improve the infiltration and regulation of stormwater
in landscaped areas.
• Do not dispose of collected vegetation into waterways or storm drainage systems.
Recommended Additional Operational BMPs for Landscaping:
• Conduct mulch-mowing whenever practicable
• Dispose of grass clippings, leaves, sticks, or other collected vegetation, by composting, if
feasible.
• Use mulch or other erosion control measures when soils are exposed for more than one week
during the dry season or two days during the rainy season.
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• If oil or other chemicals are handled, store and maintain appropriate oil and chemical spill
cleanup materials in readily accessible locarions. Ensure that employees are familiar with proper
spill cleanup procedures.
• Till fertilizers into the soil rather than dumping or broadcasting onto the surface. Deternune the
proper fertilizer application for the types of soil and vegetation encountered.
• Till a topsoil mix or composted organic material into the soil to create a well-mixed transition
layer that encourages deeper root systems and drought-resistant plants.
• Use manual and/or mechanical methods of vegetation removal rather than applying herbicides,
where practical.
Applicable Operational BMPs for the Use of Pesticides:
• Develop and implement an IPM and use pesticides only as a last resort.
• Implement a pesticide-use plan and include at a minimum: a list of selected pesricides and their specific
uses; brands, formulations, application methods and quantiries to be used; equipment use and maintenance
procedures; safety, storage, and disposal methods; and monitoring, record keeping, and public notice
procedures. All procedures shall conform to the requirements of Chapter 17.21 RCW and Chapter 16-228
WAC (Appendix IV-D R.7).
• Choose the least toxic pesticide available that is capable of reducing the infestation to acceptable levels.
The pesticide should readily degrade in the environment and/or have properties that strongly bind it to the
soil. Any pest control used should be conducted at the life stage when the pest is most wlnerable. For
example, if it is necessary to use a Bacillus thuringiens is application to control tent caterpillars, it must be
applied before the caterpillars cocoon or it will be ineffective. Any method used should be site-specific
and not used wholesale over a wide area.
• Apply the pesticide according to label direcrions. Under no condirions shall pesticides be applied in
quantities that exceed manufacturer's instructions.
• Mix the pesticides and clean the application equipment in an area where accidental spills will not enter
surface or ground waters, and will not contaminate the soil.
• Store pesticides in enclosed areas or in covered impervious containment. Ensure that pesticide
contaminated stormwater or spills/leaks of pesticides are not discharged to storm drains. Do not hose
down the paved areas to a storm drain or conveyance ditch. Store and maintain appropriate spill cleanup
materials in a location known to all near the storage area.
• Clean up any spilled pesticides and ensure that the pesticide contaminated waste materials are kept in
designated covered and contained areas.
• The pesticide applicarion equipment must be capable of immediate shutoff in the event of an emergency.
• Do not spray pesticides within 100 feet of open waters including wetlands, ponds, and streams, sloughs
and any drainage ditch or channel that leads to open water except when approved by Ecology or the local
jurisdiction. All sensitive areas including wells, creeks and wetlands must be flagged prior to spraying.
• As required by the local government or by Ecology, complete public posting of the area to be sprayed
prior to the applicarion.
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• Spray applications should only be conducted during weather condirions as specified in the label direction
and applicable local and state regulations. Do not apply during rain or immediately before expected rain.
• Consider altematives to the use of pesticides such as covering or harvesting weeds, substitute vegetative
growth, and manual weed controUmoss removal.
Applicable Operational BMPs for Vegetation Management:
• Aerate lawns regularly in areas of heary use where the soil tends to become compacted. Aeration
should be conducted while the grasses in the lawn are growing most vigorously. Remove layers
of thatch greater than'/<-inch deep.
• Mowing is a stress-creating activity for turf grass. When grass is mowed too short its productivity
is decreased and there is less growth of roots and rhizomes. The turf becomes less tolerant of
environmental stresses, more disease prone and more reliant on outside means such as pesticides,
fertilizers and irrigation to remain healthy.
• Set the mowing height at the highest acceptable level and mow at times and intervals designed to
minimi~e stress on the turf. Generally mowing only 1/3 of the grass blade height will prevent
stressing the turf.
Irrigation:
The depth from which a plant normally extracts water depends on the rooting depth of the plant.
Appropriately irrigated lawn grasses normally root in the top 6 to 12 inches of soil; lawns
irrigated on a daily basis often root only in the top 1 inch of soil. Improper irrigation can
encourage pest problems, leach nutrients, and make a lawn completely dependent on artificial
watering. The amount of water applied depends on the normal rooting depth of the turf grass
species used, the available water holding capacity of the soil, and the efficiency of the irrigation
system. Consult with the local water utility, Conservation District, or Cooperative Extension
office to help deternune optimum irrigation practices.
Fertilizer Management:
• Fertilization needs vary by site depending on plant, soil and climatic conditions. Evaluation of
soil nutrient levels through regular testing ensures the best possible efficiency and economy of
fertilization. For details on soils testing, contact the local Conservation District or Cooperative
Extension Service.
• Fertilizers should be applied in amounts appropriate for the target vegetation and at the time of
year that minimizes losses to surface and ground waters. Do not fertilize during a drought or
when the soil is dry. Alternatively, do not apply fertilizers within three days prior predicted
rainfall. T'he longer the period between fertilizer application and either rainfall or irrigation, the
less fertilizer runoff occurs.
• Use slow release fertilizers such as methylene urea, IDBU, or resin coated fertilizers when
appropriate, generally in the spring. Use of slow release fertilizers is especially important in
areas with sandy or gravelly soils.
• Time the fertilizer applicarion to periods of maximum plant uptake. Generally fall and spring
applications are recommended, although WSU turf specialists recommend four fertilizer
applications per year.
~- - -- - - - - - - -- ----------- - - --
4020561 Page 20 of 23
O6/3~l2008 03:4~ PM Rgreement
Thurston County Washington
CITY OF YELM
`IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII~IIIIIIIIIIIIIIIIIII-__ _ _
• Properly trained persons should apply all fertilizers. At commercial and industrial facilities
fertilizers should not be applied to grass swales, filter strips, or buffer areas that drain to sensitive
water bodies unless approved by the local jurisdiction.
Integrated Pest Management
"Integrated pest management, or IPM, is an approach to pest control that uses regular monitoring to
determine if and when treatments are needed, and employs physical, mechanical; culhual, and biological
tactics to keep pest numbers low enough to prevent intolerable damage or annoyance. Least-toxic
chemical controls are used as a last resort." True IPM is a powerful approach that anticipates and prevents
most problems through proper culhual practices and careful observation. Knowledge of the life cycles of
the host plants and both beneficial and pest organisms is also important. The IPM section of this study
guide is adapted from Least Toxic Pest Management for Lawns by Sheila Daar, Following the IPM
process gives you the information you need to minimize damage by weeds, diseases and pests and to treat
those problems with the least toxic approaches. .
The Integrated Pest Management Process
Step One: Correctly identify problem pests and understand their life cycle.
Learn more about the pest. Observe it and pay attention to any damage that may be occurring. Learn
about the life cycle. Many pests are only a problem during certain seasons, or can only be treated
effectively in certain phases of the life cycle.
Step Two: Estab[ish tolerance thresholds for pests.
Every landscape has a population of some pest insects, weeds, and diseases. This is good because it
supports a population of beneficial species that keep pest numbers in check. Beneficial organisms
may compete with, eat, or parasitize disease or pest organisms. Decide on the level of infestation that
must be exceeded before treatment needs to be considered. Pest populations under this threshold
should be monitored but don't need treatment. For instance, European crane flies usually don't do
serious damage to a lawn unless there are between 25 - 401arvae per square foot feeding on the turf
in February (in normal weather years). Also, most people consider a lawn healthy and well
maintained even with up to 20% weed cover, so treatrnent, other than continuing good maintenance
practices, is generally unnecessary.
Step Three: Monitor to detect and prevent pest problems.
Regular monitoring is a key practice to anticipate and prevent major pest outbreaks. It begins with a
visual evaluation of the lawn or landscape's condition. Take a few minutes before mowing to walk
around and look for problems. Keep a notebook, record when and where a problem occurs, then
monitor for it at about the same time in future years. Specific monitoring techniques can be used in
the appropriate season for some potential problem pests, such as European crane fly.
Step Four: Modify the maintenance program to promote hea[thy plants and discourage pests.
A healthy landscape is resistant to most pest problems. Lawn aeration and overseeding along with
proper mowing height, fertilization, and irrigation will help the grass out-compete weeds. Correcring
drainage problems andletting soil dry out between waterings in the summer may reduce the number of
crane-fly larvae that survive.
Step Five: If pests exceed the to[erance thresho[ds
Use culhual, physical, mechanical or biological controls first. If those prove insufficient, use the
chemical controls described below that have the least non-target impact. When a pest outbreak strikes
~
4020561 Page 21 of 23
06130/20~8 03:40 PM Rgreement
Thurston County Washington
CITY OF YELM
I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII IIIII IIIIIII III IIIII III'I IIIII IIII IIII _ _
(or monitoring shows one is imininent), implement IPM then consider control options that are the
least toxic, or have the least non-target impact.
Only after trying suitable non-chemical control methods; or deternuning that the pest outbreak is
causing too much serious damage, should chemical controls be considered. Study to deternune what
products are available and choose a product that is the least toxic and has the least nontarget impact.
Refer to the Operational BMPs for the use of Pesticides for guidelines on choosing, storing and using
lawn and garden chemicals. •
Step Six: Evaluate and record the effectiveness of the control, and modify maintenance practices
to support lawn or landscape recovery and prevent recurrence.
Keep records! Note when, where, and what,symptoms occurred, or when monitoring revealed a
potential pest problem. Note what controls were applied and when, and the effecriveness of the
control. Monitor next year far the same problems. Review your landscape maintenance and culhual
practices to see if they can be modified to prevent or reduce the problem.
BMPs for Maintenance of Stormwater Drainage and Treatment Systems
Description of Pollutant Sources:
Facilities include roadside catch basins on arterials and within residential areas, conveyance
systems, detention facilities such as ponds and vaults, oil and water separators, biofilters, settling
basins, infiltration systems. Roadside catch basins can remove from 5 to 15 percent of the
pollutants present in stormwater. When catch basins are about 60 percent full of sediment, they
cease removing sediments. Oil and grease, hydrocarbons, debris, heavy metals, sediments and
contaminated water are found in catch basins, oil and water separators, settling basins, etc.
Pollutant Control Approach:
• Provide maintenance and cleaning of debris, sediments, and oil from stormwater collection,
conveyance, and treatment systems to obtain proper operation.
Applicable Operational BMPs:
• Maintain stormwater treatment facilities according to the O& M procedures presented in Section
4.6 of Volume V in addition to the following BMPs:
• Inspect and clean treatment BMPs, conveyance systems, and catch basins as needed, and
deternune whether improvements in O& M are needed.
• Promptly repair any deteriaration threatening the structural integrity of the facilities. These
include replacement of clean-out gates, catch basin lids, and rock in emergency spillways.
• Ensure that storm sewer capacities are not exceeded and that heavy sediment discharges to the
sewer system are prevented.
• Regularly remove debris and sludge from BMPs used for peak-rate control, treatment, etc. and
discharge to a sanitary sewer if approved by the sewer authority or truck to a local or state
government approved disposal site.
• Clean catch basins when the depth of deposits reaches 60 percent of the sump depth as measured
from the bottom of basin to the invert of the lowest pipe into or out of the basin. However, in no
case should there be less than six inches clearance from the debris surface to the invert of the
lowest pipe. Some catch basins (for example, WSDOT Type 1L basins) may have as little as 12
- - -- -~
~4020561 - - ---- ------Page 22 of 23
06l30/2008 ~3.40 PM Rgreement
Thurston County Washington
CITY OF YELM
I IIIIII) III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII III) IIIII IIIII IIIIIII III IIIII IIIII IIIII IIII IIII _ __ i
inches sediment storage below the invert. These catch basins will need more frequent inspection
and cleaning to prevent scouring. Where these catch basins are part of a stormwater collection
and treatrnent system, the system owner/operator may choose to concentrate maintenance efforts
on downstream control devices as part of a systems approach.
• Clean woody debris in a catch basin as frequently as needed to ensure proper operation of the
catch basin.
• Post warning signs; "Dump No Waste - Drains to Ground Water," "Streams," "Lakes," or
emboss on or adjacent to all storm drain inlets where practical.
BMPs for Parking and Storage of Vehicles and Equipment
Description of Pollutant Sources:
• Public and commercial parking lots such as retail stare, fleet vehicle (including rent-a-car lots and car
dealerships), equipment sale and rental parking lots, and parking lot driveways, can be sources of toxic
hydrocarbons and other organic compounds, oils and greases, metals, and suspended solids caused by the
parked vehicles.
Applicable Operational BMPs:
• If washing of a parking lot is conducted, discharge the washwater to a sanitary sewer, if allowed by the
local sewer authority, or other approved wastewater treatment system, or coliect it for off-site disposal.
• Do not hose down the area to a storm drain ar to receiving water.
• Sweep parking lots, storage areas, and driveways, regularly to collect dirt, waste, and debris.
- -- -- ----- - __ ~
~4020561 Page 23 of 23 ',
06130/2008 03:4~ PM Rgreement
Thurston County Washington
CITY OF YELM
` I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII II~I IIIII ~IIII IIIIII~ III IIIII III~I IIIII IIII IIII _-_ _
'o~,~~ T~p ~ C'ity of Yelm
~
~' Community Deuelopment Department
105 Yelm Avenue West
P.O. Box 479
YELM Yelm, WA 98597
WASMINGTON
~}
June 5, 2008
Bella Housa Village
Attn: Merle hom
14948 89th Ave. SE
Yelm, WA 98597
, Re: Comments for Bella Housa Village Final Plat Application - SU6=05-0058-YL
Dear Merle:
The City has completed its initial review for the above referenced final plat application: There are
some items that need revisions. For the items that need changed or corrected, I am sending you
back redlined originals.
~Q~~. Survey review comments: In addition to the corrections required by the reviewing surveyor
/ in his letter, we have included redline comments (highlighted in blue) on the plat map.
Please be sure to correct all items. When you submit your revised plans, please include 2
~ copies of the full size plat, one 11" x 17" copy. After all corrections have been made, a mylar
~~~ set will be required for recording. PLEASE RETURN ALL REDLINED COPIES.
~,~ Please address the minor edits to the following documents:
/ Stormwater Maintenance Agreement
~: / Declaration of Covenants, Conditions and RestrictionsV
/ Bill of Sale for Water and Sewer/
~(1~ ~aaj,t Please address the attached e-mail comments from the Thurston County Assessors Office.
'C~'" ~4. rvey review fees in the amount of $600.00 made payable to Geomatics Land Surveying.
wo (2) disks of electronic drawings will be required prior to recording, one will be given
~ ~ Thurston County.
~
When the above items are submitted, and the site punchlist items are approved by the Community
Development Department, we will schedule the City Council meeting. If you have any questions,
please contact me at (360) 458-8430. Questions regarding the surveyors' comments can be ^
directed to Dennis Baker. , ~~ 1
Sincerely, ~ ~
; ~
~- ~ ~ ~
~ J ~
Nisha . Box ~ ~ \
Assistant Planner . ~
Cc: E. True & Associates ~ ~
~\
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(360) 458-3835 A n/ ~ ~
(360) 458-3144 FAX (~', ,~~
www.ci.yelm.wa.us ~ (`
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Geomatics Land Surveying
P.O. Box 2550
Yelm, WA 98597-2550
Bill To
City of Yelm
Community Development Department
Grant Beck, Director
PO Box 479
Yelm, WA 98597
Invoice
_..__.~__ ___~
~ Date - Invoice # ;
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P.O. No.
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Terms Geomatics IVo. ~
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Due on receipt 1627
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~ Item --- ~_ _
E Description ,______
Hours
Rate
Amount
~Peer Review ~ ~
~ First and Final Review and Comment for Bella Housa Village, Case Number
6
~ 100.00
600.00
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Phone # (~''~' r___~___._____.._
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Web Site ~~
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(360) 400-5264
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R'ECEIVED
JUN 0 2 1008
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ACC. NoTwithstanding the foregoing, basketbali hoops ma.y hang from exterior surfaces of a Home as
ic~~g as the hoap is hidden frc~s~ view from the roads located ti~ithin the Froperty. ,
Section 6.21 (3utda~r Fires. t}irtdQOr barbecues may be used for cooking on the Lots when
permitted by law. Reasonable and adequate precautions against fires ~z~ust be kaken. Excessive smoke or
soot accumulation from fires shall not be allowed. No ot}~er ~utdoor fires sha!! he permitted on tlle
Property, eYCept far fires by peclarant or coi~tractors for buming construction wastes where all necessary
governe~aent perrnits have bee~a obtainetl. ,
Section 6.22 Screened S~;rvice Areas. tlnsightly items r~~ust be hidden from view within a
Home or ~arage or within a fenced or screened area where they wi!( not be seen from any Lot or road.
Unsightiy items shall inciude, but st~all r~ot be ~imited to, ~art~age and trasti, clothes ~ir~~s, bicycl~s,
recreational gear, outdoor maintenance equiprnent, ~irewood a~~d ladders. The d~sign and materiats used
for any fenced or screened area shall be cpnsist~nt with the general a~pearance of the Home and must
receive prior approval fram the ACC.
Section 623 L+~cation of F'ences: d'ermissive LTse. .Decl~a-ant shall consiruct ~~ood fences six
feet in height tc~ enclose th~ perimeter of the Froperty. Wltla appraval of the ACC, Owners may aiso
constriact fences to designate the }ine L~tween the apen space tracts anc~ Lots adjacent to the tract. Each
fenee, when canstructed, shall be an the p.roperry line between adjoining Lats, as st~own on the Plats.
e
(3wners of adjoining Lots shali t~e joint(y responsible fi~r-'k~.epin~; th~ fencin t~etween theiq respec ive ,/~.
Lots in gocxi condition and repair. ~~c~~- ~(2_S~C~~v~ o~ U1 ~JQ~~ ~Ma1 ~'~ I
~.c,~l ~,~ r 1~ y~(,C v/1~,/ ,
Section 6,24 Dama~e and Repair of Proqerty. Upan any Substantial Damage (as defined
beiow) to any Hon~e or Lot, the Ow-ner shall promptly restore and repair the Home te~ substantially the
same size and design as the origina) Home. The prior wrltten consent or vote of ti~e Board and a vote of
67°l0 of the to#al votes entitled to be cast by ths Ow~er~ of the Lots is r~quired ta rebuild in accordance
with a plan that is different frorn the original plan or as modi~ed by alterations approved by the B~ard.
As ~sed in this Section, Substantial I3arraage sha11 mean tlaat in the judgment of a majority of the Board
tl~e estianated damage for the Ho~r~e exceeds ten percent of the full, fair market va(ue of the Home before
the darnage occurred, as deterrnined Fiy the then current assessment for the purpase of real estate taxacion.
Article 7, ASSESSNiENTS
Section 7.1 Creation of the Lien and Persan~l Obligatian of Assesyments. Each Owner of
a Lot by acceptance of a deed tl~erefor, whether or not it siaall be so expressed in such deed, is deemed to
eovena~at and agree to pay to the Association any ass~ss~nent duly levied by tI~e Assaciation as provided
in this Declaration. Such assessments, together with ~nterest, costs, late charges and reasonable attorneys
fces, shali also be a charge on the land and sl~all be a continuing lien upon the Lot against which each
st~ch assessn3ent is n~ade. Each such agsessinent, toget}~er v~ritl3 interest, costs, late charges and reasonable
attarn~vs' fees, sha(1 also be ihe personai ob~igation of the person wha was the Owner of suci~ Lot at the
tinae when t3~e asses~ment fell due. The persona} obligation for delinquent assessrnents sha11 not pass t~~
his successor titie unless the lien f~r such delinquent assessinents had be~n properly reccsrded priar to title
transfer or unless expressiy assum4d by ihat pariy. When ~wn~;rship of a Lot chan~es, assessments
OSJ1 J08 7:56 @M - ~ ~ -
so~so»s_z
;
t~ :
Sectian lS.b Severabilitv. TMe provisions hereof shall be deemed independent and
severable, anci the invalidity or partiai invalidity or unenforceability af any c~ne provision or portion
tl~ereof shall not affect the validity or enfc~rceability of anyo ut(ier provisian l~ereof.
Section 15,7 C~nstruction. The pravisions of ihis Declaration shalt be liberally construed to
effectuate its purpose of creating a uniform plan farthe operation and mainkenance of the Property.
Section 15.$ CaDtions. Captions given to t:he various articles and sections herein are for
cc~nvenienee only and are nc~t intended to modify or affeet the meani~~g of any of the substantive
provasions hereof.
Section l 5.9 Effective Date. Tl~e D~claration sl~all t~ke effect upun recording.
[remainder of pag~ intentia~~ally left blank]
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OSf12lOS 7:Sb PM - 3~ -
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I~~LL OF SALE
THIS BiLL OF SALE is riaade and executed this day of , 2008, by and between Bella Housa
Viilage, LLC hereinafter calied the ~rantor, and the City of Yelm, a Municipal Corporation, hereinafter
called the grantee.
Vi~TNESSETH:
T1aat the grantor, for good and valuable consideration, tlie receipt of which is hereby acicnowledged,
hereby convey, set over, assign and warrant to the City of Yelm the following descrihed property
situated in "I'hurston County, State of Washington, T_O ~ 1~~.~{n~,{~ ~
~ ~`d,..
All Sanitary Sewer line~; STEP sewer system,~ater lines and related appurkenances lying tivithin
dedicated publi.c rigtat~of-way~ and easements for the plat of Bella Housa Village, City of Yelm Plat No.
SUB -OS-0058-YL, as well as in the public right-of-way of Mountain View Road and Burnett Road as
installed by ti~e Bella Housa Viilage Plat.
IN WITNESS WI-IEREOFF, said corporativn has caused this instrument to be executed by its proper
afficers and its corporate seal (if any) to be affixed this day of , 2008.
Bella Housa Village, LLC
BY
(Signature)
ITS
(Title)
STATE OF WASH1NGTt~N )
) ss
COUNTY OF TI-~I IRSTON )
On the day of , 2008, before me, a Notary Public in and for the State of Washington,
duly commissioned and swom, personally appeared to me k~~owna to be the
Managing Member of Bel1a Housa Village, LLC, and acknowledged the said instrument to be the free
and voluntary act ~nd deed of said corporation, for the uses and purposes therein ~nentioned, and on
oath stated that she is authorized to execute the said instrument and that the seal affixed (if any) is the
corporate seal of incorporation.
WITNESS my hand and oftieial seal the day and year first above written.
Notary Public in and for the State of Washington,
Residing at
My commission expires;
System accepted ihis day of , 2Q08.
Gity of Yelrn
By
I]irector of Public Works
~~,.
N~ ~~ ~
~~ `
. `~
RESIDENTIA
AGREEi1AENT T AINTAIN
STORMWATER FACILITIES AND QLLUTIOIV SOURCE CONTROL PLAN
BY AND BETWEEN '
BELLA H(~USA VILLAGE LLC
ITS HE(HEREI~NAFTERO OWNER'SSIGNS 1 r~3'~n ~OOa
AND 2l' ~133~
THE CITY OF YELIVI Z
(HEREINAFTER "JURISDICTION")
~ The upkeep and maintenance of stormwater facilities and implementation of pollution
control best management practices (BMP's) is essential to the protection of water resources.
All property owners are expected to conduct business in a manner that promotes
environmental protection. This Agreement contains specific provisions with respect to
maintenance of stormwater facilities and use of pollutian source cantrol BMP's. ~s
~~,c\~~~ ~ ~
LEGA~ DESCRIPTIQN: Plat of Bella Housa Village, Thurstan Gounty, Yelm, WA ~O~ r~"
Whereas, the OWNER has constructed improvements, including but not limited to, .
buildings, 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 water
resources, the JURISDICTION and OWNER hereby enter into this Agreemen#. 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„ _ l, ,
i' `~~~~ , ~!~
«„ ~
{2) lmplement the pollution source control program included herein as Attachment B.~ I~
~%- (3) Maintain a record (in the form af a log book) of steps taken to implement the program
~ referenced in (1) and (2) above. The lag book shalf be available for inspection by
appointment at the Bella Housa Club House. The log book shall catalog the action
taken, who took it, and when it was done, how it was done and any problems
encountered or follow-on actions recommended. Maintenance items)"problems" listed
in Attachment ~A" shall be inspected as in the attached instructions or more often if
necessary. The owner is encouraged to phota copy the individual checklists in
Attachment "A" and use them to complete its inspections. These completed checklists
would then, in combinatian, complete the log book.
{4) 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 of each calendar year and shall contain, at a minimum, the following:
(a) Name, address, and telephone number of the businesses, the person, or the
firms responsible for plan implementation, and the person completing the report.
(b) Time periad covered by the report.
(c) A chronological summary of the activities conducted to implement the programs
referenced in (1 ~ and {2) above, A photocopy of the applicable sections of the
log book, with and additional explanation needed, shall normally suffice. Foer
any activities conducted by paid parties, include a copy of the invoice for
serviees.
` (d) An outfine of planned activities for the ncxt year.
THE JURISDICTIQN SHALL:
(1) Provide technical assistance to OWNER in suppart of its aperation and maintenance
activities conducted pursuant to its maintenance program. Said assistance shall be
provided upor~ request, and as City time and resources permit, ~-rn;r-el~rge-tA-~
Q'tPd1~dE'R- .
(2) Review the annual report, 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 e~ery
three (3) years.
REMEDIES:
(1 } If the JURISDICTION determines that maintenance or repair work is required to be
done to the storrnwater facilities locate~i in the subdivision, the JURISDICTI4N shafl
give the owner notice of specific maintenance andlor repair required. The
JURISDICTION shal{ set a reasonable time in which such work is to be completed by
the persons who were given notice. If the aboue required maintenance and/or repair is
not completed within the time set by the JURISDlCTION, written notice will be sent to
the Owner stating the JURISDICTION's intention to perform such maintenance and bill
the owner for all incurred expenses.
(2) If at any time the JURISDlCTl4N determines that the existing system creates any
imminent threat to public health or welfare, the JURISDICTION may take immediate
measures to remedy said threat. No notice to the persons listed in (1), above, shall be
required under such circumstances. All other OWNER responsibilities remain in effect.
(3) The 4WNER grants unrestricted authority to the JURISDICTION for access to any and
a!1 stormwater system features for the purpose of performing maintenance or repair as
may become necessary under Remedies (1) and/or (2}.
(4) The OWNER shall assume all responsibility for the cost of any maintenance and for
repairs to the stormwater facility, except afr those maintenance action explicitly
assumed by the JURISDICTION in the praceeding section. Such responsibility shall
include reimbursement to the JURlSDICTION 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 fiquidated judgrnents. If legal actian ensues, any
costs or fees incurred by the JURISDICTIQN wilf be borne by the parties respansible
for said reimbursements.
This Agreement is intended to protect the value and desirability of the real property described
abave and to benefit all the citizens of the JURISD1CTIt?N. It shall run with the land and be
binding on all parties having or acquiring from OWNER or their successors any right, title, or
interest in #he praperty or any part thereof, as well as their title, or interest in the property or
any part thereof, as well as their heirs, successors, and assigns. They shall inure to the
benefit of each present or future successor in interest of said property or any part thereof, or
interest therein, and to the benefit of all citizens of the JURISDICTION.
Owner ~ (V~ a,~~
~
Dated this day af 20_
ubiic orks Dir cta ~, ty I
STATE OF WASHINGTON
GOUNTY OF THURSTON
ss.
~n this day and year abave personally appeared before me,
known to be the._individual(s} described, and who executed the faregoing instrument and
acknowledge that he/she signed th~ same as his/her free and voluntary act and deed for the
uses and purposes therein mentianed.
Given under my hand and official seal this day of , 20_
Notary Public in and for the State af
Washington, residing at
My commission expires
STATE OF WASHINGTON
COUNTY OF THURSTON
City of Yelm
ss.
Qn this day and year above personally appeared before me, ,
who executed the foregoing instrument and acknowledge the said instrument to be the free
and voluntary act and deed of said Municipal Corporation for the uses and purposes therein
mentioned and on oath states he is authorized to execute the said instrument.
Given under my hand and official seal this day of
200,~.
Notary Public in and for the State of
Washington, residing at
My commission expires
ATTACHMENT A
MAINTENAIVGE PROGRAM
iNSTRUCTEONS FOR MAINTENANCE QF STQRM DRAINAGE FAGiLfT1ES
The following pages contain maintenance needs tor tnost components that are part af the
drainage system. g checklist should be completed for all systezn components according to the
following scheduie~ _
l. Monthly from November through A~ril
2. Once in late sutnmer (preferabl,y september)
~. After any major storm (use 1" in ?4-hours as a guideline) items marked "S" only.
Using photocopie~ of these pages check off the problems identified with each inspectioti. Add
comments on problems found and actions taken. Keep these "cl~ecked" sheets in a file, as the~
will be used to write the annual repoi~t ~due in Mayr of each year). Some items do not need to
be checked with every inspsction. Use the suggested frequeney at the left. of each item as a
guideline for the inspections.
The Cityo uf Yelni is available for technical assistance. Do not hesitate to call, especiall~* if it
appears that a problem may e~.ist.
eovER s~ET
Inspectian Period~
Number of Sheets Attached~
Date Inspected~
Name of Inspector-
Inspector s Signature=
SECTION 1 - REQUiRED MAINTENAPICE
The drainage facilities will require occasional maintenance. The checklists belo«r are the
minimum inaintenance requirements and inspectioii frequencies.
Maintenance Checklist for Conveyanee Systems (Pipes and S«rales)
Frequency Drainage ~I Problem Conditions to Clieck For Conditions That Should
Systent Req'd Erist
Feature
M.S. Pipes .~ Sediment & Accumulated sediment that Pipe cleaned of all
debris exceeds 20%~ of the diameter of sediment and debris.
the pipe.
M ~I Ve~etation Vegetation that reduces free All ve~etation removed so
movement of water through pipes. water floH~s freely.
A ~ Dama~ed Protective coating is da~naged, Pipe repaired or replaced.
(rusted, rust is causin~ more tl~an 50°io
bent or deterioration to any rar( of pipe.
crushe~d)
M ~ Any dent that significantly Pipe repaired or replaced.
impedes flow (i.e., decreases the
cross section area of pipe by more
then 20%).
1~~ ~ PiUe has major cracks or tears Pipe repaired or replaced.
allowing groundti~ater leaka~e.
M.S. Swales Trash & Dumping of yard wastes such as Rernove trash and debris
debris grass clippin~s and branches into and dispose as prescribed
swale. Accumulation of non- by City Waste
degradabEe materials such as Management Section.
glass, plastic, tnetal, fuam and
coated paper.
M Sediment Accumulated sediment that Swale cleaned of alt
buildup eaceeds ZO% of the design depth. sediment and debris so
thai it matches design.
M Ve~etation Grass cover is sparse and weedy Aerate soils and reseed
not or areas are overgrown ti~ith and mulch bare areas.
growing or ~uoody ve~etation. Maintain grass height at a
overgrown
~ minimum of G' for best
stormwater treatment.
Remove ~+~oody ;rowth,
recontour and reseed as
necessary.
Ni Conversion Swale 6as been filled in or if possible, speak ~~~ith
by owner to blocked by shed, woodpile, owner and request that
incompatibl shrubbery, etc. swale area be restored.
e use Contact City to report
problem if not rectified
voluntarily.
A Swale does lkater stands in swale or flow A survey may be needed
not drain velocity is very slow. Stagnation to check grades. Grades
occurs. need to be in 1% range if
ussible. Tf ~rade is less
Frequency Draina~e ~ Problem Conditions to Check For Conditions That Should
Systern
Req'd Exist
Feature
than 1 °ro, underdrains may
need to be instaNed.
If you are unsure whether a probtem exists, plea~ contact th~ Jurisdiction and ask lor t2cltnica! assistance
Comments:
Key: A= Annual (March or April preferred)
M = Monthly (see schedule)
S = Aftzr m~ior stomis
ATTAGHIVIENT "A" (CONTIN~UED)
Maintenance Checklist for Catch Basins and Inlets
Frequency Drainage ~ Probiem Conditions to Check For Conditions That
System Should Exist
Feature
M.S. General ,,~ Trash, debris and Trash or debris in front of No trasli or debris
sediment in ar on the catch basin opening is located
basin blocking capacity by more immediately in
than 10%. front of catch basin
opening. Grate is
kept clean and
' allows water to
enter.
M ~ Sediment or debris (in the No sediment or
basin) that exceeds I/3 the debris in the catch
depth fi•om the bottom of basin. Catch basin
~ hasin to invert of the is dug out and
lowest pipe into or out of clean.
the basin.
M.S. ,~ Trash or debris in any inlet Inlet and outlet
or pipe blocking more than pipes free of trash
1!3 of its height. or debris.
i~'t ~I Struchiral Corner of frame extends Frame is even with
damage to frame more than 314" past curb curb.
and,~or top slab face into the street (if
applicable).
1~'( ~ Top slab has holes larger Top slab is free of
than 2 square inches or holes and cracks_
cracks vrider than I!4"
(intent is to make sure all
materia[ is running into the
basin).
M ~/ Frame not sitting flush on Frame is sitting
top slab, i.e., separation of tlush on top slab.
more than 3/~" of the
frame from the top slab.
A ~I Grachs in basin Cracks ~uider than 1(2" and Basin replaced or
walls/bottom longer than ±', any repaired to design
evidence of soil particles standards. Contact
entering catch basin. a professional
through cracks or engineer for
maintenance person judges evaluation.
~ that structure is unsotmd.
A ~ Cracks wider than 1/2" and No cracks more.
longe.r than 1" at the joint thari 1%4" wide at
of any inletJoutlet pipe or the joint of
any evidence of soil inlet/outlet pipe.
particles entering catch
basin throueh cracl.s.
Frequency Draina~e ~ Rroblem Conditions to Check For Conditions That
Systern Should Exist
Feature
A ~,+ Settlement/mis- Basin has settled more than Basin replaced or
aligmnent I" or has rotated mor~ than repaired to desi~n
2" out of alignment. standards. Contact
a professional
engineer for
evaluation.
M.S_ ~1 Fire hazard or Presence of chemicals such No color, odor or
other pollution as natural gas, oil and sludge. Basin is
gasoline. Obnoxious dug out and clean.
color, odar or sludge
noted.
M.S. ~I, Outlet pipe is Ve~etation or roots No vegetation or
clogged with ~ro~ving in inleUoutlet pipe root gro~arth
vegetatian joints that is more than 6" present.
tall and less than 6" apart.
If you are unsure whether a problem axisu, ple~~se contact the 3urisdiction and ask for technical assistane~.
Cornment~s:
I~ey: A=AnnualiMarchorAprilpreferred)
M = Monthly (see schedulz)
S= A fler major stonns
ATTACHMENT "A" (CONTINUED)
Maintenance Checklist for Infiltration Systema
Frequency Drainage ~ Problem Conditions t.o Check For Conditions That Should
System Exist
Feature '
AZ,S General Trash & See D'Iaintenance See Maintenance
debris Checklist for Ponds. Checklist for Ponds.
buildup in
pond
~ Poisonous See Maintenance See Maintenance
vegetation Checklist for Ponds. Checkiist for Ponds.
M,S Fire l~azard See Maintenance See MainY.enance
or pollution Checklist for Ponds. Checklist for Ponds.
M `regetation See Maintenance See nZaintenance
not growizig Checklist for Ponds. Checklist for Ponds.
or is
over~rown
iVI Rodent See Maintenance See Maintenance
holes Cheeklist for Ponds. Checklist for Ponds.
M Insects See Maintenance See Maintenance
Checklist. for Ponds. Checklist for Ponds.
A Storage ~l Sediment A soil texture test Sediment is removed
area buildup in indicates facility is not and/or facility is cleaned
system ivorking at its designed so that infiltration
capabilities or was system works according
incorrectly designed. to design. A sediment
trapping area is installed
to reduce sediment
transport into
infiltration area.
A ~ Storage A soil texture test Additional volume is
area drains indicates facili.ty is not add.ed thro~~gh
slowly working at its designed excavation to provide
Gnore than capabilities or was needed storage. Soil is
4S hours) incorrectly designed. aerated aud rototilled to
or improve drainage.
overflows Contact the City fc~r
informaY,ion on its
requirements regarding
excavation.
M Sediment Any sediment and debris Clean out sump i;o design
trapping tilling area to 10% of depth.
~ area de~th from sump
bot.tom-to-bottom of
outlet pipe or
obstructing flow into tl~e
connector gipe.
One Ti~ne Sediment Stormw~ater enters Add a trapping area by
- trapping infiltration area directly constructing a sump for
, area not without treatment. settling of solids.
present Segregate settling area
from rest of facility.
Contact City for
guidance.
1~7 Rocl~ ~1 Sediment By visual inspection Replace gravel in rock
filters , and debris little or no water flow~ filter.
through filter during
heavy rainstorms.
S Infiltratio Infiltratian Standing Water in E~cavate bottom of
n railure Inspection Well After trench as necessary but
Trenches ~8 hours after storm or at least 3 feet. Replace
, Overflo~r during Storms with crushed rock.
Check pretreatment
systems for
effectiveness. Check
~ tributarv area for
sediment sources.
If you are unsure whether a problem exisk~, please contact the Juei:dic~ion and ask for technical as~i~tance.
Comments~
iiei,
A= Annual (March or 9pril preferred)
M = D4onthly (see ,chedulel
S = After major storms
ATTACHMENT "A" (CONTINUED)
Maintenance Checklist for Grounds (Landscaping)
Frequen Drainabe ~1 Probleiu Conditions to Cl~eck Conditions That Should
cy System For Exist
Feature
M General ~I VVeeds Weeds gro~~ing in Weeds present in less
(nonpoisono more than '?0"/0 of the than 5% of the landscaped
us) landscaped area ~trees area.
and shrubs only).
~YI J Safety 4ny presence of poison No poisonous vegetation
hazard ivy or other poisonous or insect nests present in
vegetation or insect landscaped area.
nests.
M,S ~1 Trash or See Ponds Checklist. See Ponds Checl:list.
litter
M,S ~ Erosion of Noticeable rills are Causes of erosion are
Ground seen in landscaped identified and steps taken
Surface areas. to slow down/spread out
Che ~uater. Eroded areas
are filled, contoured, and
seeded.
A Trees and d Damage Limbs or parts of trees Triin trees/stuubs to
shrubs or slirubs that are split restore shape. Replace
or. broken which affect trees/slirubs with severe
more than ?5% of tlie damage.
total foliage of tlie tree
or shrub.
11'I v Trees or shrubs that Replant tree, inspecting
have been bloR~n down for injury to stem or roots_
or knocked over. R.eplace if severely
damaged.
A ~ Trees or shrubs, which Place stakes and rubber-
are not adequately coated ties around yoimg
sup~orted or are treeslshrubs for support.
- leaning over, causing
exposure of the roots.
If you are unsure whether a pmblem exists, please contact the Jurisdicr.ion ,ind ask for technical assistance.
Comments~
I~ev
A= Annual ~March or April prefen•ed)
M = Monthl}~ (see ::chedule)
S = After major stnrn~s
,a
ATTACHMENT B
POLLUTION SOURCE CO(VTROL PLAN
~
~~LLH xousA