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04-0175 FINAL~~ct 7 After recording returnSC. Yelm Community Schovls Dlstrtct No 2 P. O. $ox 47b Yehn, WA 98597 Attn. Erling M 13ir[dand MTTIGATION AGREEMENT - -" " Refereace No: SUB-04.0175-YL Grantor: 1. Michael Mastro 510 Rainier Avenue S Seattle, WA 98]44 Grantee: 1 Xehn Community Schools Dtst. 2 Legal Description: Sec 19, T17N, R2E; 16440 Middle Road SE, Xelm, WA Assessor's Property Tax Parcel Number/Account Number: 64303600700 THIS MITIGATION AGREEMENT ("Agreement") is made this ~ o£ ~~ 2007, between the YELM COMMUNITX SCHOOLS DISTRICT NO. 2, Yelm, Washington ( Istnct") and Michael Mastro (the "Developer") RECITALS A. The Developer has submitted an application to Clty of Yelm for the construction of a SO lot subdivlston, near Yehn, Wash. (the "Project") The Project is located on property that lies within Disdrict boundaries, more particularly described on Exhtbrt A, attached hereto and incorporated herein by reference B. The State Envu'ontnental Polley Act, Chapter 43 21C RCW ("SEPA"), provides processes and procedures whereby major actiops by state and local agencies, including, but not limited to, plat or PUD approval or the issuance of bu1lding perrmts, may be reviewed to determine the naturo and extent of then impact on the environment. Impacts on public services, including schools, are environmental impacts for the purposes of SEPA. SEPA requires the mttigatton of adverse environmental impacts C. The Dlstnct's student population end growth pro3echons indicate that the Protect will have an impact on the District, when cumulative impacts of other projects are considered. D. RCW 82.02.020 authorizes the Distnet to enter hrto a voluntary agreement wtth the Developer For payment to mlhgate the impact of the Developez's Project 3927465 Pagc 1 of manTizmmT ~~ tin aM RgN~in~nt 7hure ton county W~shtn7tan YELM COMMUNITY 5CHOOl.S DISi Z ~ ~~~~~~~ ~~~ ~~~~~~ ~~~~ ~~~~~ ~~~~~~~~~~~ ~~~~ ~~~~~~ ~~I~~ ~~~~~~~ ~~~~~~~~~~~~~ ~~~ ~~~~ [IO/~00 d 6869 856 09c~ Sd[1,I'IIOVd Yid Sl ~0 IlHZ LI107,-91-1Q'd E. Pursuant to Resolution No 12-16-93-05, it is the policy of the District to recommend that the duvet unpact of development be voluntarily mitigated by the payment of fees and/or other mitigation measures where appropriate. F The Developer has agreed to mitigate, on a voluntary basis, the adverse unpact of the Project on the District AGREEMENT IQOW, THEREFORE, in consideration of rho above recitals and the mutual promises and covenants below, the District end the Developer agee as follows• 1. The Developer acknowledges and agrees that there is a direct impact an the District as a result of the Developer's Project and that this Ageement is necessary as a result of that unpact 2 The Developer acknowledges and agrees that in order to mitigate the duvet irnpact of the Project, the Developer has offered to pay the Aistrict the following sum of money Two Thousand Seven Hundred Eighty Aollars and 00/100 ($2,780.00) for each lot in the subdivision or the total sum of One Hundred Thirty-Nine Thousand Dollars and 00/100 ($139,000.00) (the "Mittgation Payment") for the 50 lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to paragaph 4 below. 3 Any extension, renewal, modification or amendment to the Project that results in en adjustment m the number of lots shall result m a corresponding piro rata adjustment in the Mitigation Payment. 4 The Developer agrees that the payment of the full Mitigator Payment (in the amount of Two Thousand Seven Himdred Eighty Dollars and 00/100 ($2,780 00) per dwelling unit or One Hundred Thirty-Nine Thousand Dollars and 00/100 ($139,000.00)) for the project, shall be a condition of building permit issuance for each single family dwelling m the project If building permit issuance does not occur within Five (5) years from the date of this Ageement, the amount due for mirigarion, as stated in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation ag®ement to which the District is a party A copy of such ageement shall he made available to Developer upon request 5 The District agrees to record this Agreement after it ]ins been executed by the parties 6. The Developer acknowledges and agrees that the Mitigation Payment is authorized to be used for capital improvements to the following facilities: Fort Stevens Elementary School, Pravie Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may be affected by the Project and/or the purchase of portable famlities and/or school buses. 7 The Developer ogees that the Aisttict has five (5) years from the payment date to spend the Mitigation Payment for rile capital improvements or expenditures described in paragraph 6 In the event that the Mitigation Payment is not expended within those five, years, the moneys will be refunded with interest at the rate applied to 3udgments to the property owners of record at the time of refund, however, if the Mirigarion Payment is not expended within five years due to delay which is attributable to the Developer, the Payment shall be rofunded without interest. 8 The Developer waives and relinquishes its right to protest or challenge the payment of the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or challenge or proceeding to challenge this Ageement, claim any repayment or reimbursement of funds, perfomiance or improvements provided far therein, or any of its terms and conditions, on any ground or basis whatsoever 9 The District hereby waives nay objection to the Project as presently proposed. 10. The Distract and the Developer agee that the Mitigation Payment will be full and complete mitigation for the impact of the Project as presently proposed on the District. 3®2746 Prya 2 of 4 06!17!2007 !1.10 RM Rpraom~nt Thuretan COLTty Wa9hingt On YELM COMMUNITY SCHOOLS DI57 2 ~II~I~ III ~I~~ III ~~III III ~~~~~~~ ~~~~~ ~~ ~I~~ ~I~ I I~~~~ ~~~ ~~~~ ~ ~~ I~~I 1I0/500 d 6569 856 0958 S5i~17I~~j ~Nd 5I 50 IlHZ LOOZ-91-9[]v 11. Thts Agreement shall be binding upon and inure to the benefit of the hens, executors, administrators, successors, and asstg7ts of both of the Developer and the Dismct 12. If en action must be brought to enforce the terms of this Agreemtnt, such action shall be brought in Thurston County Superior Court The prevailing party shall be entitled to payment of its costs and reasonable attorneys' fees. 13 This Agreement constitutes the entire agreement between the parties and any other agreement either written or oral shall be null and void E7CHff3IT A LEGAL DESCRIPTION General Location: 16440 Middle Road SE Section 19 Township IAN Range 2E Land Area• 17 45 Ades Tex Parcel Number: 64303600700 YELM COMM(U~'NITY SCHOOLS DISTRICT NO 2 DA?ED: J ~ I ~ ~`~ By. Alan $urke Its Supenntendent STATE OF WASHINGTON ) )SS COUI~''I1' OF THURSTON ) I certify that I know or have satisfactory evidence that Alan urke is the person who appeared before me, and said person acknowledged that he signed this insttument, on oath stated that he was suthonzed to execute the instrument and acknowledged rt as the Superintendent of the Ytlm Community Schools Dismet No 2 to be the free sud voluntary act of such party for the uses and purposes mentioned in the instrument. GIVEN under my hand and official seal this a of ~ 2007 F g'IENSq "'4~ ~i~`O~~Y 9~~Z ~G J :~va p~04\ ~F2d F~t4h TArS of vt?e'° ~IJBLIC to and o the Smte of Washington, residing at My Commisston Expires. 3927485 Paga 3 of 4 09!17!2007 ti 10 RM Rgreement Thur~tOn C04nty Waehingtan YELM COMMUNITY SCHOOLS Di87 Z 1111119 ill IIII IIII111111 IIII lilllll 1111111111 IIII IIQI IIII~I III (IIII IIII II!I IIII 110/600 d 6069 806 090 S3[ZIT[~Vd Nid 5[ £0 [1Hd LQO?-9f-~D~ DATED' ~ /`~ Michael astr Its• Developer STATE OF WASHINGTON ) ) COUNTY OF ) I certify that know or have satisfactory evrdence that~!'~'t+dts the person who appeared before me, and said parson acknowledged that he srgned this instrument, on oath stated that he was authonzed to execute the instrument and aclrnowledged rt as the applicant fox this subdrolsron to be the free and voluntary act of such party for the uses and proposes menti ned in the instrument. GIVEN under my hand and offieral seal thrs -~ day 2007. r ~~ KI NOTARY PUBLIC in and or the State of • Washington, residing at _.,0~'~'~ My Commrssron Expues. 3927468 PagQ 4 of q O6/17l20a7 11 10 Rm Rgr•omamt Thura rem County WaihinBter "ELM CO^1UNITY 6CHOOLB OIBT 2 IIIIII ~ ~~~~ ~~ ~~~~ ~~~ ~~~~III ~~~~~ ~~~~ ~~~ ~~~ ~~I~~~ ~~~ ~~~ III~~ III ~~~~ IIO/900 d b£b9 896 09£~ Sd11,11[Otld YZd 9I'£0 l]H1 LOOZ-9I-~f1V ~,~ ° ~" urn Address r of Yelm ni Mernman Box 479 m, WA 98597 pate: . Thurston County Treasurer Real Esta~e^E~xt:tye/~Tanxpet ~ ~~1 BY~ al~~ I ~~Dep~9 Document title(s) (or transactions contained therein): 1 Right-of--Way Dedication Deed Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1 Kathryn A Dotson Grantee(s) (Last name, first name, middle initial) 1 Ctty of Yelm 2 Legal Descnphon (abbreviated: i.e. lot, block, plat or section, township, range) Parcel A of Boundary Lme AdJustment No. BLA-04-0099-YL, as recorded January 19, 2005 under recording number 3703811 and 3703812, records of Thurston County, Wastungton Assessor's Property Tax ParceVAccount Number 64303600600 39]3198 Page 1 of 5 0hursto00C Ont v9Wash,n9tonDeetl CITV OF YEl.rl I I IIhI III IIIIII III I IIII IIII IIIIIII III II IIII Iltll 11 ul 11 VIII VIII V II IIII IIII After recording return to City of Yelm Taml Memman PO Box 479 Yelm, WA 98597 RIGHT-OF-WAY DEDICATION DEED FOR VALUABLE CONSIDERA I N receipt of which is hereby acknowledged, the undersigned GRANTOR, 1' S ,grants and conveys to the CITY OF YELM, a munici al corporation of the State of Washington, for use of the public forever for public street right-of--way purposes, all mleresl m the following described properly situated m the City of Yelm, Thurston County, Washington, TO W[T Parcel hARCEL A OF BOUNDARY LINE ADJUSTMENT NO. BLA-04-099-YL, AS RECORDED JANUARY l9, 200, UNDER RECORDING NUMBER 3703811 AN'D 3703812, RECORDS OF THURSTON COUNTY, WASHINGTON APN 64303600600 Right-of-Way THAT PORTION OF PARCEL "A" OF BOUNDARY LINE ADJUSTMENT #04-0099-YL RECORDED UNDER RECORDING NUMBER 3703812, RECORDS OF THURSTON COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS BEGINNING AT THE MOST NORTHERLY CORNER OF SAID PARCEL ,.A„ THENCE ALONG THE WEST L[NE OF SAID PARCEL "A" SOUTH 42°24'58" WEST, 15,60 FEET, THENCE SOUTH 80°45'20" EAST, 13 07 FEET, THENCE SOUTH 45°08'49" EAST, 46 04 FEET, THENCE SOUTH 47°02'25" EAST, 105 68 FEET TO THE EAST L1NE OF SAID PARCEL "A", 3913198 Page 2 of 5 03f 26/2007 D2 19 PM Deed Thurston Counly Waahineton CITY OF YELM I IIIIIII ~I 111111 1111 IIIIII IIII lIIIIII IIIIII I'll ~Il VIII VIII lilll ~~l 11111 IIII I'll THENCE ALONG SAID EAST LINE, NORTH 42°24'59" EAST, 7 98 FEET TO THE NORTH LINE OF SAID PARCEL "A" AND THE SOUTHERLY RIGHT-OF-WAY MARGIN OF MIDDLE ROAD, THENCE ALONG SAID NORTH LINE, NORTH 47°02'25" WEST, 105 68 FEET, THENCE CONTINUING ALONG SAID NORTH LINE, NORTH 45°08'49" WEST, 56 99 FEET TO THE POINT OF BEGINNING SITUATE IN THE CITY OF YELM, THURSTON COUNTY, WASHINGTON TOGETFIER WITH the right to make and maiutam slopes for cuts or fills upon the property adiacent to the specifically descnbed, to order that the street or streets may be graded to the proposed grade level in a reasonable and proper manner ~r IN WITNESS WHEREOF, this ms[mment has been executed this =~ day of ~_ •, ~.l•~, 200'7 STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day personally appeared before me ~! ~~'r-/w' ~ !/CTSG'y to me known to be [he Individual(s) descnbed within and that executed the within and foregoing instrument and acknowledged the set instrument to be the free and voluntary act and deed of said individual for the uses and purposed herein menhoned, and on oath stated that she/he is authorized to execute the said instrument GIVEN under my hand and official sea] this 9~ day of ~~~~~~ , 200 7 JERI L. (iOETSCHEL < < - .{~- NOTARY pUBUC ; Notai ubhc m and far the State of Washm on STATE OF WASHINGTON ~ Residing at /C/ !~ ~ ~' l/i7 /}L r. C/E „y Cc ~~ ~ MyCOmmiuronF~WpesJU 14,70n8 ~ My commissionexpves / ~ h 7. /~/~~C/C~ 3913198 Page 3 of 5 03/26/2007 02 19 PM Daed G[TVsOFnYELMnty Washington 1111111) III 111111 III 111111 IIII II~III IIIIU IIII IIII VIII VIII VIII VIII VIII IIII IIII mgton thts2JS~ay of t~ ~'tckl , 200y'~ STATE OF WASHINGTON ) ss COUNTY OF THURSTON ) On this day personally appeared before me or ~ ~e('~ ,Y~ to me known to be the (` Dti ~;yo~}ni of Ctty of Yelm, a municepal corporation, who executed the within and foregoing instrument and acknowledged the set instrument to be the free and voluntary act and deed of said corporation for the uses and purposed herein mentioned, and on oath stated that he he) is authonzed to execute the said instrument r GIVEN under my hand and official seal this ' I~day of fngy-~[Z, 200 7 Notary Public m and f r t~e State of Was mgton Residing at ~1,e([,P ,() Mycommission expires n~ - 19- 09 3913198 Page 9 of 5 03/2612007 02 19 PM Dacd Thurston County Wazhinstan Ci TY OF YELM IIIIII III IIIIII IIII IIIIII IIII (IIIIII III 11 IIII IIII Il lull VIII I III VIII IIII IIII s~. \ ~~~ ~ O ~ ~2.~ ~~ 2~~ ~~ 6y. S/., / G s s6 ~ - ~~/Fs , /s ~5~~99. • 6~ ~`9 \ S 80'4S'20" sus. ~~ ~ 13 07' E ~~'' ~ :, ADDITIONAL RIGHT-OF-WAY s \ ~' BEING DEDICATED Q~o~,, io ~,p., ~j -% S66 ~s 56~, \ ~J J ~~\ N ~a °~o I SCAlE !N ~ °=30' ~i0 ~J9 0 30i so' `~d'J~ Q• ~ of P O ~® .>~ '~ cF R 29278 O JA+ J's FClST£RF' JQ.. 'CA'dL LAT~~ 9 E%PIRE6 6/09/07 Parametrlx i ~ ~s ~~. 9~. .~~ 06? •9],8-, . F ~^~ ~ ~~ v~ V ^^nV v)\ y ~O~ ~~ Exhibit 1 Dotson ROW Dedication 3913198 Page 5 of 5 03/26!2007 02 19 PM Deetl Thurston County Wezhingtm CITY OF YEC.M I II I IIII II Jilin I III 111111 III Illltll 11111 l ll~ IIII l~l IIIII Il 111 fli ll if ll IIII IIII l~ urn Address ~ of Yelm ra R. Box Box 479 m, WA 98597 Document title(s) (or transactions contained therein): I Bill of Sale Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1 Michael R Mastro 2 Johns Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1 Clty of Yelm 2 Legal Description (abbreviated: t.e. lot, block, plat or section, township, range) Section 19 Township 17 Range 2E Quarter E2 SE Plat MCKENNA IRRIGATED TRACTS BLK 36 BLA 099YL TR B Document 3703812 Assessors Property Tax ParceUAccount Number 64303600700 4073575 Page 1 of 2 04/09/2009 03 C7 PM Miscellaneous Thurston County Washington MICHREL Mg97R0 Illlllli IIIlllill Illl llilll IIII llllill Illlll till IIII VIII VIII lllllll III VIII VIII IIII I'll BILL OF SALE THIS BILL OF SALE is made and executed this 17 day of 2007, by and between Michael Mastro, hereinafter called the grantor, and the Crty of Yelm, a Municipal Corporatton, hereinafter called the grantee WITNESSETH That the grantor, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey, set over, assign and warrant to the City of Yelm the follovng described property situated in Thurston County, State of Washington, TO WIT The STEP system service lateral from the tank to the sewer main, tank, pump and pump controls, water lines and related appurtenances lying wrthm the following described easement azea Lying within dedicated rights-of-ways and easements for the plat of Johns Meadow and within Middle Road City of Yelm's Plat No 04-0175 IN WITNESS WHEREOF, said person has caused this instrument to be executed by its proper officers and its corporate seal (if any) to be affixed this ~~ day of ~rn9-, 2007 ~~ ///J BY (iL ~" Signature) STATE OF WASHINGTON ss COUNTYtO`F/TH[IR3`P617 On the ~ _~ day of ~~~~, 20_L, Personally appeared before me!"~uu~~ 7'""'~""" to e known to be the individual described m and whoexecuted with within and foregoing instrument and acknowledged that he signe the is free and vountatry act and deed for the purposes herin mentioned ~y. KEI~y GJ a''i"pt y hand and official seal the day az fir a e written ~~`~``} ~ /'~ ~~ u FVO~` ~ ~ Notary Public in and for the ~ p4.1o ,,r Sta~pf~ahmgton, residing m this l~f day of of Yelm Development Director 4073575 Page 2 of 2 ~hu~s lo000aontvt Washin9tonMi seal laneous MIOHREL MRSTRO I (IIIIII I~ IIIIII IIII IIIIII IIII IIIIII IIIIII IIII IIII VIII VIII (IIIIII III VIII VIII VII I urn Address / of Yelm ~a R. Box Box 479 n, WA 98597 Document title(s) (or transactions contained therein): 1 Warranty Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (bast name, Frst name, middle initial) 1 Michael R Mastro 2 Johns Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1 Ctty of Yelm 2 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 19 Township 17 Range 2E Quarter E2 SE Plat MCKENNA IRRIGATED TRACTS BLK 36 BLA84999YL TR B Document 3703812 Assessors Property Tax ParceUAccount Number. 64303600700 4073576 Page 1 of 3 O4I09/2009 03 91 PM g9reement Thurston County Washington MICHREL MR9TR0 I IIIIiII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III (IIII illll IIII IIII WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS Michael Mastro (hereinafter referred to as the "Owner"), has applied to the City of Yelm, a political subdivision of Thurston County of the State of Washington, (hereinafter referred to as the "City") for the approval by the City of a certain plat of a subdvision to be known as Johns Meadow, a copy of which plat is attached hereto and made a part hereof as "Exhibit A", on which said plat are shown areas offered by the Owner to be dedicated to public use as streets, alleys and other rights of way, and other public facilities and improvements, and WHEREAS, it is necessary in"the interest of public welfare that the areas so offered to be dedicated are to be constructed in accordance with the specifications hereinafter set forth, and WHERE, in accordance with the items of RCW 58 17 and Title t 6 of the Yelm Municipal Code, the City has adopted subdivision regulations which regwre that all improvements be constructed in a manner consistent with the City's development regulations, Now therefore, TO INDUCE THE city to approve said plat and to accept the dedication of said areas as public streets, easements and other improvements, the Owner does hereby unconditionally promise and agree to and with the City as follows The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the work will conform with the requirements and specifications of the Development Guidelines of the City Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost to the aiy, and to prowde all labor, equipment and materials necessary therefore, at no cost to the City In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engmeenng, legal and contingent costs, together with any damages, either director 4073576 Page 2 of 3 04!09/2009 03 41 PM Rgreement Thurston County Washington MIOHREL MR9TR0 IIIIIIIIIIIIIIIIIIIIIVIII'IIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIII consequential, which the Clty may sustain on account of the failure of the Owner to carry out and execute all provisions of this agreement 3 The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part of this agreement without prior written consent of the City STATE OF WASHINGTON) ss COUNTY OF ) On this ~10 day of , 20~, before me, the undersigned, a Notary Public i nd for the Sta ashl gt duly c iSSi ned and sworn, pers ally appeared ~~ that executed the foregoing in r ent, and acknowledged the sai instrument to be a free and voluntary act and deed ,for the uses and purposes therein mentioned, and on oath stated that he/she/they was (were) authorized to execute the saki instrument Witness my hand and official seal hereto affixed the day and year first above written Given under my hand and seal this ~pTARY ~ea- pllBt~C'_ My commission expires 4073576 Page 3 of 3 04/09/2009 03 47 PM Rgreemenl Thurston County Wazh~nglon MI LHREL MRSTRO IIII IIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII urn Address / of Yelm is R. Box Box 479 m. WA 98597 Document title(s) (or transactions contained therein): 1 Residential Agreement to Mamtam Stormwater Facilities Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1 Michael R Mastro 2 Johns Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1 City of Yelm 2 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 19 Township 17 Range 2E Quarter E2 SE Plat MCKENNA IRRIGATED TRACTS BLK 36 BLA9~k999YL TR B Document 3703812 Assessors Property Tax ParceUAccount Number 64303600700 4073577 Page 1 of 17 04/09/2009 03 41 PM Rgreemenl Thurston County Wash ingl on MICHREL MP9TR0 I IIIIIII III IIIIII IIII IIIIII (IIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN Michael R Mastro THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND City of Yelm (HEREINAFTER "Jurisdiction") The upkeep and maintenance of storinwater facilities Is essential to the protection of water resources All property owners aze expected to conduct business m a manner that promotes environmental protectron. This Agreement contains specific provisions with respect to maintenance of stonnwater facilities LEGAL DESCRIPTION City of Yelm Plat of John's Meadows Pazcel Number 64303600700 m Ctty of Yelm Whereas, OWNER as constructed Improvements, including but not limited to, building, pavement, and stormwater facilities on the property described above In order to further the goals of the JurisdicUOn to ensure the protectton and enhancement of Junsdictton's water resources, the Jurisdiction and OWNER hereby enter into this Agreement The responsibilmes of each party to this Agreement are Identified below OWNER SHALL (1) Implement the stonnwater facility maintenance program included herein as Attachment "A" (2) Maintain a record (in the form of a log book) of steps taken to Implement the program referenced in (1) above. The log book shall be available for inspection by appointment at 510 Ralmer Avenue S, Seattle, WA, 98144 The log book shall catalog the action taken, who took rt, when it was done, how rt was done, and any problems encountered or follow-on actions recommended Maintenance Items ("problems")listed in Attachment'`A' shall be inspected on a monthly or more frequent balls as necessary OWNER is encouraged to photocopy the individual checklists in Attachment "A' and use them to complete its monthly mspecttons These completed checklists would then, m combination, comprise the monthly log book (3) Submit an annual report to the Jurisdiction regarding implementation of the program referenced m (1) 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 business, the person, or the firm responsible for plan Implementation, and the person completing the report (b) Time period covered by the report 4073577 Page 2 of 17 04/09/2009 03 41 PM Rgreement Thurston County Washin9l on MICHREL MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII (c) A chronological summary of activities conducted to implement the program referenced in (1) above A photocopy of the applicable sections of the log book, with any additional explanation needed, shall normally suffice For any activities conducted by paid parties, include a copy of the invoice for sernces (d) An outline of planned activities for the next year THE JURISDICTION SHALL (1) Provide technical assistance to OWNER m support of their operation and maintenance activities conducted pursuant to its maintenance program Satd assistance shall be provided upon request, and as Jurisdiction time and resources permit, at no chazge to OWNER (2) Review the annual report and conduct a minimum of one (I) site visit per year to discuss performance and problems with OWNER (3) Review this Agreement with OWNER and modify rt as necessary at least once every three (3) yeazs REMEDIES (1) If the Junsdiction determines that maintenance or repair work is required to be done to the stormwater facdrties located m the subdivision, the Junsdiction shall give OWNER notice of the specific maintenance and/or repair required The Junsdiction shall set a reasonable time m 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 wnhm the time set by the Junsdiction, written notice will be sent to OWNER stating the Jurisdiction's intention to perform such maintenance and bdI OWNER for all incurred expenses (2) if at any lime the Junsdictwn determines that the existing system creates any imminent threat to public health or welfare, the Junsdiction may take immediate measures to remedy said threat No notice to the persons fisted m (1), above, shall be required under such circumstances All other OWNER responsibilities shall remain m effect (3) OWNER grants unrestricted authority to the Junsdiction for access to any and all stonnwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (1) and/or (2) (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stormwater facility, except for those maintenance actions explicitly assumed by the Jurisdiction m the preceding section Such responsibility shall include reimbursement to the Junsdiction within 90 days of the receipt of the invoice for any such work performed Overdue payments will require payment of interest at the current legal rate for liquidated Judgments If legal action ensues, any costs or fees incurred by the Junsdiction will be borne by the parties responsible for said reimbursements This Agreement is intended to protect the value and desirability of the real property described above and to benefit all the citizens of the Jurisdiction It shall run with the land and be binding on all parties having or acquiring any right, title, or interest m the property or any part thereof, of real property m the subdivision They shall inure to the benefit of each present or future successor m interest of said property or any part thereof, or interest therein, and to the benefit of all citizens of the Junsdiction 4073577 Page 3 of 17 04/09/2009 03 41 PM Agreement ~ MICHAEL MRSTROY Washington (IIIIIII IIIIIIIIIIIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII Owner STATE OF WASHINGTON ss COUNTY OF KING ) On this day and year above personally appeared before me, ~L~f/AIL 1z . Hq'Si,P~ and known to be the individual(s) descri ed, and who executed the foregoing instru ent and acknowledge that they slgned the same as their free and voluntary act and dee t uses a p oses therein mentioned. LLt~ P5•»W /r~. Notary Public in and for the ta~ O~`+M' oNy~ of Washington, resldmg in Z _ ~~TpR~, yip My commission expires PURL STATE OF WASHINGTON ss COUNTY OF THURSTON ) ;d at Seattle, ;hmgton, this ~ day of , 2007 l i~^1 ~ / Director of Public Works On this day and year above personally appeazed before me, `fw.~i~lr~so.~ who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of Bald Mumclpal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the sazd Instrument Groen under my hand and official seal this ll ~mday of 1Nu/L4--,200 ``~~~~~~N111111 ~/~P.z~ ~TA,p 'o~h~.~ o r <Pm~ -U .. i IIII, FIWASN.~. APPROVED AS TO FORM Notary Public m acid fort a State of Washington, resldmg m '-T~~ ~~C~ ~ My commission expires `7 - 19 - U C Ctty Attorney 4073577 Page 4 of 17 04/09/2009 03 41 PM Rgreemenl Thurston County Wash in9l on MICHREL MR9TR0 I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII (IIII (IIII IIIIIII III (IIII VIII IIII IIII 1.1 REQUIRED MAINTENANCE The following pages contain maintenance needs for most of the components that are part of your drainage system, as well as for some components that you may not have Let us know if there are any components that are missing from these pages Ignore the requirements that do not apply to your system You should plan to complete a checklist for all system components on the following schedule M Monthly from November through April A Once m late summer (preferably September) S After any mayor storm (use 1" m 24 hours as a gmdelme) items marked "S" only Using photocopies of these pages, check off the problems you looked for each time you did an inspection Add comments on problems found and actions taken Keep these "Checked" sheets in your files, as they will be used to waste your annual report (due in May) Some items do not need to be looked at every time an mspechon is done Use the suggested frequency at the left of each item as a gmdehne for your mspechon You may call the ~unsdiction for technical assistance Please do not hesitate to call, especially if you are unsure whether a situation you have discovered may be a problem 4073577 Page 5 of 17 ggreemenl 04/09/2009 03 41 PM MICHREL MR9TROY Washington I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII (IIIIIII Attachment `A': Maintenance Program Cover Sheet Inspection Penod Number of Sheets Attached Date Inspected Inspector's Signature ATTACHMENT "A" MAINTENANCE PROGRAM 4073577 Page 6 of 17 Rgr¢ement 04/09/2009 03 41 PM MICHFELnMASTROY Washington I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII Maintenance Checklist for Conveyance Systems (Pipes) Frequency Dmtnage ~ Req'd Problem Condmons To Check For Condmons Tha[ Should Exts[ System Feature M S Pipes ~ Sediment & Accumulated sediment [hat Pipe cleaned of all sediment and debns exceeds 20% of the diameter debns of the pipe M d Vegetation Vegetation that reduces Gee All vegetation removed so water movement of water through Ilows freely pipes A ~ Damaged Protective coating is damaged, Pipe repaired or replaced (rusted, bent rust is causing more than 50% or crushed) detenoranon to any part of pipe M ~ Any dent that stgmfican[ly Pope repaued or replaced impedes flow (t a ,decreases the cross section area of pipe by more then 20%) M d Ptpe has mayor crocks or tears Pipe repaued or replaced allowing groundwater leakage M S Swales ~ Trash & Dumping of yard wastes such Remove trash and debns and debns as grass clippings and dispose as presenbed by County branches into Swale Waste Management Section Unsightly accumulation of non-0egradable mazenals such as glass, plastiq metal, foam and coated paper M ~ Sediment Accumulated sediment that Swale cleaned of all sediment and buildup exceeds 20%of the design debns so that rt matches design depth M ~ Vegetation Grass cover is sparse and Aerate sods and reseed and mulch not grow mg weedy or areas are overgrown bare areas Mamtam grass height at or over-grown with woody vegetation a minimum of 6" for best s[ormwa[er Vealment Remove woody growth, recon[our and reseed as necessary M ~ Conversion Swale has been filled m or If possible, speak wnh homeowner by home- blocked by shed, woodpile, and request that Swale area be owner [o shrubbery, etc restored Con[ac[ County m report incompatible problem tf no[ recnhed voluntarily use 4073577 - - - _ Page 7 of 17 -_ _ 04/09/2009 03 41 PM Rgreement Thurston Lounty Washtn9t on MICHREL MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Conveyance Systems (Pipes), Continued Frequency Drainage System Feature d Req'd Problem Condrttons To Check For Conditions That Should Cxis[ A ~ Swale does Water stands m Swale or flow A survey may be needed ro check not dram velocity a very slow grades Grades need to be m 1 Stagnation occurs range tf posvble If grade is less than 1°/, underdrams may need to be mstailed If you are unsure whether a problem exrsts, please contact the Junsdtctton and ask for [echntnal assistance Comments A =Annual (March or Apnl preferted) M =Monthly (see schedule) S =After maJor storms 4073577 Page 8 of 17 04/09/2009 03 41 PM R9reemenl Thurston County Washrngt on MICHREL MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ATTAC[-IIv1ENT "A" (CONTINUED) Maintenance Checklist for Ponds Frequency Drainage d Req'd Problem Conditions To Check For Condmons That Should Exist System Feature M S General d Trash &debns Dumping of yard wastes such Remove Vazh and debns and buddup m pond az grass clippings and dispose az prescribed by County branches into balm Waste Management Section Unsightly accumulation of non-degradable materials such az glass, plazhc, metal, foam, and coated paper M S d Trash rack Bar screen over outlet more Replace screen Aemove Vazh plugged or than 25%covered by debns or and debns and dispose az missing missing prescribed by County Wade Management Secnon M ~ Poisonous Any poisonous vegetation, Remove poisonous vegetation vegetation which may consulate a hazard Do not spray chemcals on to die public Examples of vegetation without obtaining poisonous vegetation include gwdance Gom the Cooperative tansy ragwon, poison oak, Extension Service and approval stinging nettles, devusclub from the County M $ ~ Fire hazard or Presence of chemicals such az Fmd sources of pollution and pollution natural gaz, od, and gasoline, eliminate them Water is free obnoxious color, odor, or from noticeable color, odor, or - sludge noted contamination M ~ Vegetation not For grassy ponds, grass cover For grassy ponds, selectively growing or is is sparse and weedy or is thatch, aerate, and reseed ponds over-grown overgrown For wetland Grass culling unnecessary unless ponds, plants are sparse or dictated by aesthetics For mvazrvc species are present wetland ponds, hand-plant nursery-grown wetland plants in bare areas Contact the Cooperative Extension Service for direction m invasive speaes such as purple looscime and reed canary grazs Pond bottoms should have uniform dense coverage o(desued plant species M ~ Rodent holes Any evidence of rodent holes Rodents desuoyed and dam or if facduy is acting as a dam or berm repaired ContaM the berth, or any evidence of Thurston County Heal(h Depl water piping through dam or for gmdance bens v is rodent holes 4073577 - - - - - - - - Rgreement ~hu~sto~OCO~ntytWashington Page 9 of 17 MICHREL MRSTRO IIIIIIIIIII IIIIIIIIIIIIIIIIVIIIIIII IIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIIIIIIVIIIIIIIIIII ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Ponds, Continued Frequency Drainage ~ Req'd Problem Condmons To Check For Condmons That Should Exat System Feature M 1' Inseus When insects such az wasps Insects desVOyed or removed and hornets interfere wrth from site Contact Cooperative maintenance acuvmes, or Extension Service far when mosgwtces become a gwdance nmsanoe A >I Tree Growth Tree growth does not allow Trees do not hinder maintenance access or maintenance actrvmes interferes with mantenance Selectively cultivate vees such activity (i e, slope mowing, az alders for firewood silt removal, or equipment movements) I(trees are not interfering with access, leave Vees alone M Side slopes of ~ Eroswn on Check around inlets and outlets Find causes of erosion and pond berms or at for signs of erosion Check eliminate them Then slopes entrance/ berms for signs of sliding or should be stabilized by using exit settling Action a needed appropriate erosion control where eroded damage over 2 measure(s) e g ,rock inches deep and where there is reinforcement, planting of potential far continued erosion grazs, compaction M Storage area ~ Sediment Accumulated sediment [hat Sedrment cleaned out to buildup m pond exceeds 10% of the designed designed pond shape and pond depth Burred or partially depth, pond reseeded B boned outlet structure probably necessary [o control eroson indicates significant sediment deposns A Pond dikes >f Settlements Any part of dike, which has Dde should be built back to settled 4 inches lower than the the desgn elevation design elevation A Emergency ~ Rack missing Only one layer of rock exists Replace rocks [o desgn overFlow/ above native sod m area 5 standards spillway square feet or larger, or any exposure of native sail One time Emergency ~ Overflow Side of pond has no area with Contact County far gwdance overflow/ missing large rocks to handle spillway emergency overFlows If you are unsure whether a problem exists, please contact the Junsdicuon and ask for technical assistance Comments 4073577 Page 10 of 17 04/©9/2009 03 41 PM Rgreement Thurston County Washington M ICHREL MRSTRO IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ~~ A =Annual (March or Apnl preferted) M =Monthly (see schedule) S = Afrer major stones ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Frequency Drainage J Req'd Problem Condmons To Check For Condmons Tha[ Should Fxist Syslem Feature M,S General ~ Trash, debns, Trash or debns m front of the No trazh or debns located and sediment catch basin opening is immediately m front of catch m or on balm blocking capacity by more balm opening Grate 1s kept than ]0% clean and allows eater to enter M ~ Sediment or debris (in the No sediment or debns m the balm) that exceeds I/3 the catch basin Catch basin is dug depth from the bottom of out and clean basin to invert of the lowest pipe into or out of the basin M,S ~ Trash or debns m any inlet or Inlet and outlet pipes (ree of pipe blocking more than I /3 Vazh or debns of rts height M ~ Structural Comer of frame extends Frame is even with curb damage to more than 3/4 inch paz[ curb frame and/or face into [he street (~( top slab applicable) M ~ Top slab has holes larger Top slab is free of holes and than 2 square inches or cracks cracks wider than 1/4 inch (intent is [o make sure all ma[enal is running into the basin) M ~ Frame not sating flush on [op Frame a vtung flush on [op slab, t e , separarion of more slab than 3/4 inch of the frame from [he [op slab A ~ Cracks m Cracks wider than 12 inch Basin replaced or repaired [o basin and longer than 3 feet, any design standards Contact a walis/bottom evidence ofsod particles professional engineer for entenng catch basin through evaluation crack, or maintenance personludges that structure is unsound 4073577 Page 11 of 17 06/09/2009 03 41 PM Rgreemenl Thurston County Washrngton MICHREL MR9TR0 I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII A ~ CracAs wider than I2 mch No cracAs more than I/4 mch and longer than 1 foot at the wide a[ the Joint of mleUoutlet Joint of any mleUoutlet pipe pipe or any evidence o(sod particles entering catch basin through cracAs ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets, Continued Frequency Drainage ~ Req'd Problem Condtnons To ChecA For Conditions That Should Exist System Feature A ~ SettlemenU Balm has settled more than Basin replaced or repaued to nits- I mch or haz rotated more design standards Contact a alignment than 2 inches out of professional engineer for alignment evaluation M,S ~ Fre hazard Presence of chemicals such No color, odor, or sludge Bazm or other az namml gas, od, and is dug out and clean pollution gasoline Obnoxious color, odor, or sludge noted M,S ~ Outlet pipe Vegetation or roots growing No vegetanon or root growth is clogged m mleUoutlet pipe JomLS present with that is more than stz inches vegetanon tall and less than six inches apart If you are unsure whether a problem exists, pleaze contact the Junsdtenon and asA for technical assistance Comments Kee ~ A =Annual (March or Aprd preferted) M =Monthly (see schedule) S = After maJOr storms ~-' - - - - - 4073577 Page 12 of 17 04/©9/2009 03 41 PM Rgreement Thurston County Washington MICHREL MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequency Drainage ~ Req d Problem Condmons To ChecA For Condmons That Should Extst S stem Feature M,S General ~ Trazh & Sec Maintenance ChecAhst See Maintenance ChecAhst for debris for Ponds Ponds bwldup m pond M ~ Poisonous Sec Maintenance ChecAhst See Maintenance ChecAhst for vegetation for Ponds Ponds M,S ~ Fire hazard See Maintenance Checklist See Maintenance ChecAhst for or pollution far Ponds Ponds M ~ Vege[atton See Maintenance ChecAhst See Maintenance ChecAhst for not growing for Ponds Ponds or is overgrown M ~ Rodent holes See Maintenance ChecAhst See Maintenance ChecAhst for for Ponds Ponds M ~ Insects See Maintenance ChecAhst See Maintenance Chec6hsl for far Ponds Pands A Storage area ~ Sedtment A sad texmre test indicates Sedtment is removed and/or faahty buddup m faahty is not worAmg at its is cleaned so thaz mfil[mhon system system designed capabthues or was worAs according to design A mcortectly designed Sedtment trapping area is installed to reduce sediment Vansport into mfilvatmn area A ~ Storage area A sod texture test indicates Addrtmnal volume is added through drams faahty is not worAmg m tts excavation to provide needed slowly destgned capabtbhes or was storage Sod is aerated and (more than mcortectly destgned rototllled to Improve drainage 4g hours) or Contact [he Gty for mfortnauon on overflows rts regwrements regarding excavation M Sedtment Any Sedtment and debris Clean out sump [o destgn depth trapping filling area ro 10%ofdepth area Gom sump bottom to bottom of outlet pipe ar obstructing Flow into the cannecmr pipe One Time Sedtment Stortnwater enters Add a trapping area by consWCting Vappmg mfiltrauon area dnectly a sump for settling of solids area not without treatment Segregate settling area from rest of present faahty Contact Cny for gwdance 4073577 Page 13 of 17 04/09/2009 03 41 PM Rgreement MICHRELnMRSTROY Washt ngton ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration S stems, Continued M Rock filters Sediment By visual inspection little or Replace gravel m rock filter and debris no water flows [hrouglt filter dunng heavy ram s[onns S Inflltrauon InfilVa[ton Standing Water m Inspection Excavate bottom of trench az Trenches Failure Well After 48 hours after necessary but at least 3 feet storm or Overflow dunng Replace with crushed rack Storms Check pretreatment systems for ef(ecuveness Check tributary area for sediment sources If you are unsure whether a problem exists, please contact the Junsdmnon and ask for lechmcal azststanee Comments Kev A =Annual (March or April preferred) M = Mondrly (see schedule) S =After maJor storms 4073577 Page 14 of 17 04/09/2009 03 61 PM Rgreement Thurston County Washrn9 ton MICHREL MRSiRO I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencin Shrubbe Screen/Other Landsca in Frequency Drainage d Req'd Problem Condmons To Check For Condmons That Should Eztst System Feature M General J Mtssmg or Any defect m the fence or Fence is mended or shrubs broken screen [hat pennns easy replaced [o form a solid banter parts/dead entry [o a faahty to entry shrubbery M,S J Erosion Erosmn has resulted man Replace sod under fence so that opening under a fence [ha[ no opening exceeds 4 inches m allows entry by people or height pets M J Unmly Shmbbery rs growing out of Shmbbery is trammed and vege[anon control or is m(es[ed wrth weeded to provide appealing weeds aesthetics Do not use chemicals to control weeds A Wtre Fences Damaged Posts out of plumb more Posts plumb to wrthm I %z inches pans than 6 inches of plumb A Tap rads bent more than 6 Top rail free of bends greater inches than I inch A Any pan of fence (including Fence a aligned and meets posts, tap rads, and fabnc) desgn standards more than 1 foot out of design alignment A Mtssmg or loose [ensmn Tension titre m place and wire holding fabnc A Mtssmg or loose barbed wve Barbed wire m place wnh less That is sagging more than 2'6 than 3/4anch sag between posts inches between posts A Eztensmn arm missing, EMenson arm m place wnh no broken, or bent out of shape bends larger than 3/4 inch more than 1'/ inches A Detenorate Pan or pans than have a Structurally adequate posts or d paint or rusting or scaling condrtmn parts wnh a untfortn protective protective [hat has affected swMUral coating coating adequacy M Openings Openings m fabnc are such No openings m fabnc m fabnc that an 8-inch-diameter ball could fit through 1(you arc unsure whether a problem exerts, please contact the Junsdtenon and ask for technical assistance Comments Kee' A =Annual (March or Apnl preferred) M = A4onthly (sec schedule) S =After maJor storms 4073577 Page 15 of 17 ~ 04/09/2009 03 41 PM Rgreement Thurston County Washt ngton MICHREL MRSTRO I IIIIIII III IIIIII IIIII IIII IIIIII IIIII IIII IIIIIII IIIIII IIII IIII IIIII VIII IIIIIII III VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) Maintenance Checkhstfor Gates Frequency Drainage J Req'd Problem Condmons to ChecF. For Condlhons That Should Exts[ System Feature M General J Damaged or Gate 1s broAen, Jammed, or Pond has a funcnonmg gate to mtssmg mtssmg allow entry of people and components maintenance egmpment such as mowers and bacl.hces If a IocA is used, maAe sure Ctty Stormwa[er Sec[ton field staff havc a Aey M J BroAen or mtssmg hinges Hinges intact and lobed Gate is such that gale cannot be worAmg freely easel} opened and closed by a maintenance person A J Gate is out of plumb more Gate is aligned and vertical than 6 inches and more than 1 foot out of design alignment A J Missing stretcher bar, SVetcher bar, bands, and ties in stretcher bands, and nes place If you are unsure whether a problem exists, please contact the Junsdmhon and ash for technical assistance Comments Key A =Annual (March or Apnl preferred) M =Monthly (sec schedule) S = After maJor storms 4073577 Page 16 of 17 04/09/2009 03 41 PM Rgreement Thurston CounlY Washrngton MICHREL MRSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Grounds (Landscaping) Frequency Drainage J Req'd Problem Condmm~s To ChecA For Condmons That Should Exist System Fca[ure M General J Weeds Weeds growing in more Weeds present to less than 5%of (nonpotsono than 20%ofihe landscaped the landscaped area us) area (trees and shmbs only) M d Safery Any presence ofpotson ivy No potsonous vegetation or hazard or other potsonous cosec[ nests present m vegetation or cosec[ nests landscaped area M,S J Trash or See Ponds ChecAhst See Ponds ChecAhs[ fitter M,S J Erosion of Noticeable tills are seen m Causes o(eroston are identified Ground landscaped areas and steps taAen to slow Surface down/spread ow the water Eroded areas are filled, wntomed, and seeded A Trees and shmbs J Damage Limbs or parts of trees or Tnm vees/shmbs to restore shmbs that are split or shape Aeplace trees/shmbs with broAen which affect more severe damage than 25 % of the total foliage of the tree or shmb M J Trees or shmbs [hat have Replant tree, inspecting for been blown down or mJury [o stem or roots Replace F.nocAed over tf severely damaged A J Trees or shmbs, which are Place staAes and robber-coated no[ adequately supported or lies around young Vees/shmbs are leaning over, causing for support exposure of the roots If you are unsure whether a problem exists, please contact the Junsdstion and asV. for technical assistance Comments Kev A =Annual (March or Apnl prefened) M =Monthly (see schedule) 5 = After molar storms 4073577 Page 17 of 17 Rgreement 04/0912009 03 41 PM MI CHRELnMRSTROY Washrngton I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII urn Address of Yelm ~a R. Box Box 479 m, WA 98597 Document title(s) (or transactions contained therein): 1 Subdivision Guarantee Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, £-rst name, middle initial) 1 Michael R Mastro 2 Johns Meadows Subdivision Grantee(s) (Last name, first name, middle initial) 1 Crty of Yelm 2 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 19 Township 17 Range 2E Quarter E2 SE Plat MCKENNA IRRIGATED TRACTS BLK 36 BLA9YL TR B Document 3703812 Assessors Property Tax ParceUAccount Number 64303600700 4073578 Page 1 of 6 04/09/2009 03 41 PM Plat Gert i(icate MICHREL~MRSTROY Washirt9ton I IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII l~ CHICAGO TITLE INSURANCE COMPANY 719 SLPATER KINNEY RD SE, LACEY, WA 98503 FIFTH GUARANTEE PLAT CERTIFICATE Order No ?A51725 Certfficate for Filing Proposed Plat In the matter of the plat submrited for our approval, this Company has examined the records of the Couaty Auditor and County Clerk of THURSTON County, Washington, and the records o([he Clerk of the Umtcd Slates Courts holding terms m said County, and from such exammahon hereby certifies that [he tithe [o the following described land sttuate m smd THURSTON County, to-vnt SEE SCHEDULE A (NEXT PAGE) VESTED IN• MICHAEL R MASTRO, PRESUMPTIVELY SUBJECT TO THE COMMUNITY INTEREST OF A SPOUSE OR DOMESTIC PARTNER, IF MARRIED OR A MEMBER OF A DOMESTIC PARTNERSHIP EXCEPTIONS SEE SCHEDULE 8 ATTACHED CHARGE $200.00 TAX 516.80 Records examined to DECEMB]:R 2, 2008 at 8 00 AM Ey PETER HERRON Trite Officer (360)456-7878 PU'ICRTA/RDA/W99 • 4073578 Page 2 of 6 Plat Cert~f tcate 04!09!2009 03 47 PM MICHPELnMP9TR0Y Washington I IIIIIII III IIIUI IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE A (Continued) Order No• 2051725 LEGAL DESCRIPTION PARCEL B OF BOUNDARY LINE ADJUSTMENT NO BLA-040099 YL, AS RECORDED JANUARY 19, 2005 UNDER AUDITOR'S FILE NOS 3703011 AND 3703812, TN THURSTON COUNTY, WASHINGTON euttan/anw/wv, 4073578 Page 3 of 6 04/09/2009 03 41 PM Pla[ Certificate Thurston County Washington MICHAEL MRSTRO IIIIIII III IIIIII IIII IIIIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII CHICAGO T[TLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No. 2051725 Thts certrficate does not insure agaznst loss or damage by reason of the following excephonti GENERAL EXCEPTIONS• A Defects, hens, encumbrances, adverse claws or other matters, tf any, created, first appeazmg to the public records or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquues for value of record the estate or interest or mortgage thereon covered by thus Commrtment B ILghts or claws of parties m possessron not shown by [be public records C Encroachments, overlaps, boundary line dupu[es, and any other matters which would be drsclosed by an accurate survey and inspection of the premises D. Easements or claims of easements not shown by the public records E Any bea, or right to Lea, for contributions to employee benefit funds, or far state workers' compensation, or for servrccs, labor, or material heretofore or hereaher furnished, all as wposed bylaw, and not shown by Ihepubhcrecords F Liens under the Workmen's Compensation Ac[ not shown by the public records G Any sernce, installation, connection, maintenance or conslructton chazges for sewer, water, electnaty or gazbage removal H General taxes not now payable, matters relating to speual assessments and special levies, if any, preceding or m the same becoming a hen I Reservations or exceptrons m patents or m AUS authorizing [he issuance thereof, Indian tribal codes or regulations, InrLan treaty or abong,nal rights, including easements or egm[able sern[udes I Water rights, claws, or title to water K THIS REPORT IS ISSUED ANDACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($100000) eurcxra/aw./ww 4073578 Page 4 of 6 04/09/2009 03 4[ pM Thurston Lounty Washrngtonplat Certrfica to 11111111 III 111111 IIII 111111 IIII 1111111111111 IIII IIII VIII VIII 1111111 III VIII Illll IIII IIII CHICAGO TITLE INSURANCE COMPANY PLOT CERTTFICATE SCHEDULE B (Continued) Order No 2051725 EXCEPTIONS v 1 GRNERAL AND SPECIAL TAXES AND CHARGES, PAYABLE FEBRUARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF UNPAID ON NOVEMBER 1 OF THE TAX YEAR (AMOUNTS DO NOT ZNCLUDE INTEREST AND PENALTIES) YEAR TAX ACCOUNT NUMBER LEVY CODE ASSESSED VALUE-LAND' ASSESSED VALUE-IMPROVEMENTS 2008 64303600700 170 $ 364,950 00 S 18,600 00 GENSRAL & SPECIAL TAXES BILLED $ 3,582 97 PAID• $ 1,791 48 UNPAID $ 1,791 49 ~ 2 DEED OP TRUST AND THE TERMS AND CONDITIONS THEREOF GRANTOR MICHAEL R MASTRO, AS HIS SEPARATE HSTATE TRUSTEE THURSTON COUNTY TITLE BENEFICIARY. WASHINGTON TRUST BANK AMOVxT $ 7,000,000.00 DATED h1AY 31, 2007 RECORDED JUNE 18, 20D7 RECORDING NUN9ER 3935737 LOAN NUMBER 17245 THE AMOUNT NOW SECURED SY SAID DEED OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BS ASCERTAINED FROM THE HOLDER OP THE INDEBTEDNESS SECURED. a 3. hIATTERS WHICH MAY HE DISCLOSED SY A SEARCH OF THE RECORDS AGAINST THE NAME OF THE SPOUSE OR DOMESTIC PARTNER OF MICHAEL R MASTRO, IF MARRIED OR A MEMEER OF A REGISTERED DOMESTIC PARTNERSHIP. a 4 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED OCTOBER 8, 2004 RECORDING NUMBER• 3679694 REGARDING WATERLINE EXTENSION WITH THE CITY OF YELM AND COSTS RELATED THERETO e 5. AGREEMENT AND THE TERMS RND CONDITIONS THEREOF, RECORDED RECORDING NUMBER REGARDING OCTOBER 8, 2004 3679695 SEWER EXTENSION WITH THE CITY OF YELM P3AlCRiBt/RDA/DA9 4073578 Page 5 of 6 04/09/2009 03 41 PM Plat Gerttf icate MICHRELnMR6TR0Y Washington IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIII CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continucd) Order No 2051725 AND COSTS RELATED THERETO c 6. COVENIu~TS, CONDITIONS, RESTRICTIONS, EASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO BLA090099YL, RECORDED UNDER RECORDING NUMBER 3703811 AND 3703812 e 7. RESTRICTIONS LIMITING THE USE OF PORTIONS OF THE PROPERTY LYING WITHIN CERTAIN DISTANCES OF A WATER WELL AND/OR REGULATING THE LOCATION OF A WATER WELL, RECORDED UNDER RECORDING NUMBER 3749909 a 8 MITIGATION AGREEMENT AND THS TERMS AND CONDITIONS THEREOF RECORDED UNDER RECORDING NUMBER 3927465 END OP SCHEDULE B PIATCR83/RDA/0999 4073578 Page 6 of 6 04/09/2009 03 41 PM Plat Certificate Thurston County Washington MICHAEL MRSTRO 11111111111111111 I l l l 111111 111111111111111111111 I I I I V I I I I I I I 11111111111 I I I I I I I 11111111111 eturn Address ity of Yelm isha R. Box D Box 479 elm, WA 98597 Document title(s) (or transactions contained therein): 1 Declaratlon of Covenants, Condltlons and Restnctlons for Johns Meadows Plat Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1 Mlchael R Mastro 2 Johns Meadows Subdlvlslon Grantee(s) (Last name, first name, middle initial) I Crty of Yelm 2 Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) Section 19 Township 17 Range 2E Quarter E2 SE Plat MCKENNA IRRIGATED TRACTS BLK 36 BLA94g99YL TR B Document 3703812 Assessors Property Tax ParceUAccount Number 64303600700 4073579 Page 1 of 30 04/09/2009 03 41 PM Covenant Thurston County Wash inglon MICHREL MR9TR0 I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII JOHN'S MEADO W DECLARA7 )N OF COQ CONDITIONS AND RESTRICTIONS [JOHN'S MEADOWS CC&RS 09 OS 07] 4073579 Page 2 of 30 04/09/2009 03 41 PM Covenant Thurston Counly Washi n9 ton MICHREL MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII Table of Contents BACKGROUND DECLARATION .. . . ARTICLE I DEFINITIONS ARTICLE II PROPERTY, DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY . ... .. ... ....... .. .. ARTICLE III COMMON AREAS ARTICLE IV ASSOCIATION ARTICLE V EASEMENTS ARTICLE VI ASSESSMENTS. .. . .. ARTICLE VII MAINTENANCE .. .. .. ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE . ARTICLE IX ARCHITECTURAL AND LANDSCAPE CONTROL ARTICLE X PERMITTED AND PROHIBITED USES ARTICLE XI INSURANCE REQUIREMENTS .. . ARTICLE XII DAMAGE OR DESTRUCTION .. ARTICLE XIII CONDEMNATION ... . . ARTICLE XIV MORTGAGEES' PROTECTION ARTICLE XV GENERAL PROVISIONS [JOHN'S MEADOWS CC&RS 09 OS 07~ 2 2 3 4 5 5 6 . 7 11 13 14 .. 15 ... 19 20 20 20 22 ^4073579 Page 3 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington MICHREL MRSTRO 11111111111111111 I I I I11111111111 I I I I11111111111111111 I I I I I I I I I I I I I 11111111111 I I I I I I I I I I I I I I I I I I JOHN'S MEADOW DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS THIS DECLARATION ("Declaration") is made on the 1st day of September, 2008, by Michael R Mastro and Linda A Mastro, husband and wife ("Declarant") BACKGROUND 1 Declarant is the owner of certain real property located within the city limits of Yelm, m Thurston County, Waslung[on, that is legally descnbed on the attached Eahtbrt "A" (the "Propert}~') and depicted on Eahibd "B" (the "Development Plan") The Declarant intends to create on the Property the residential community of John's Meadow ("John's Meadow"), wrth permanently maintained Common Areas for the benefit of the owners of lots within John's Meadow (the "Owners") 2 Declarant desires [o preserve and enhance the property values, amemhes and opportumties m John's Meadow and to provide for the health, safety and welfare of the Owners To tins end, Declarant desses to subJect the Property to the covenants, restnchons, easements, charges and liens set forth in this Declaration 3 Declarant will incorporate "John's Meadow Homeowners Association" as a nonprofit Washington corporation (the "Association") m order to provide a mechanism for meeting some of the purposes set forth m this Declaration DECLARATION Declarant hereby declares that the Property known as John's Meadow is and shall be held, transferred, sold, conveyed and occupied subJect to all of the terms and conditions set forth in this Declaration including, without limitation, the covenants, restnchons, easements, charges and hens set forth m this Declaration Further, except wrth respect to Sections 7 4, 7 5, 7 6 and 7 7, below, Declarant delegates and assigns to the Association, upon its creation, the power of (i) owning, maintaining, and admmistenng the Common Areas defined below, (u) admimstenng and enforcing the covenants and restricnons, (ui) collecting and disbursing the Assessments and charges created m this Declazahon, and (iv) promoting the cecreahon, health, safety and welfare of the residents Further, Declarant hereby reserves the nght to assign any or all of Declarant's nghts and/or obligations ansmg out of this Declaration that are not assigned to the Association pursuant to the preceding paragraph With respect to Sections 7 4, 7 5, 7 6 and 7 7, below, the Declarant may, at its sole discretion, both (a) Retain all of its nghts and obhganons ansmg therefrom, and/or (b) Assign these same nghts to a Successor Declarants) In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, the Declarant and Successor Declarants) shall both or all independently have the same nghts wrth respect to the enforcement provisions set forth m Sections 7 4, 7 5, 7 6 and 7 7 of the Declaration [JOHN'S MEADOWS CC8RS 090507] 2 4073579 Page 4 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington M ICHRE~ MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ARTICLE I DEFINITIONS Sin 1 1 "ACC" shall mean the Archdectural Control Committee as descnbed m Article VIII Section 1 2 "Articles" shall mean the Articles of Incorporation of the Association Sin 1 3 "Assessment" or "Assessments" shall mean individual or collective Assessments ansing out of Article VI including, without limitation, Annual, Special or Reimbursement Assessments Sin 1 4 "Association" shall mean the John's Meadow Homeowners Association, a Washington nonprofit corporation, and its successors and assigns, if applicable Section 1 5 "Board" or "Board of Directors" shall mean the Board of Directors of the Association Section 1 6 "Builder" shall mean any entity or person that or who shall purchase one (1) or mote Lots and construct a residence thereon for the purpose of selling or leasing the same Section 1 7 "Bylaws" shall mean the Bylaws of the Association Section 1 8 "Common Areas" shall mean the portions of the Property, both real and personal, m which the Association has been granted an ownership interest, easement, lease or tight of control by wntten instrument, mcludmg, without limitation, this Declaration and/or by delineation on the Plat of John's Meadow for the use and enJoyment of the Members (excepting easements for maintaining [,ors as provided for m Section 5 2(a)) The Common Areas within John's Meadow are legally descnbed on the attached Exhibit "C " Section 1 9 "Declarant" shall mean Michael Mastro and Linda Mastro, their successors and assigns, provided, however, that no Successor Declarants) or assignee(s) of Declarant shall have any tights or obligations of Declarant ansing out of this Declaration unless such tights and obligations are specifically set forth m an instnment of succession or assignment duly executed by Declarant Section 1 10 "Declaration" shall mean all of the terms and conditions included in this Declaration of Covenants, Conditions and Restrictions, mcludmg without limitation [he covenants, restrictions, easements, charges, hens and all other provisions, as they may from time to time be amended m accordance with Section 15 6 Section 1 11 "Development Plan" shall mean the overall general plan illustrating among other things the intended development of the Plat of John's Meadow that was approved by the City of Yelm as shown on the attached Exhibit "B " Section 1 12 "Federal Mortgage Agencies" shall mean those federal agencies that may have an interest m the properties, such as the Federal Housing Administration ("FHA"), the Veterans Administration ("VA"), the Federal National Mortgage Association ("FNMA"), the Federal Home Loan Mortgage Corporation ("FHLMC"), or the successors to their respective interests Section 1 13 "Ftrs[ Mortgagee" shall mean a lender who holds the first mortgage or first deed of trust on a Lot and who has notified the Association m writing of ds holdings Section 1 14 "Fiscal Year" shall mean the accounting year of the Association Section 1 15 "hutial Sale" shall mean the conveyance of a Lot from Declarant to a Builder [JOHN'S MEADOWS CC&RS 09 OS 071 page 5 of 30 4073579 Covenant 04109/2009 03 41 PM MICHRELnMP5TR0Y Washington IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII Section 1 16 "Lot" shall mean any numbered parcel of land shown upon any recorded subdivision map of the Property, wuh the exception of the Common Areas and other areas set aside for nomestdenual use Section 117 "Manager" shall mean the person, firm, entity or corporation to whom the Board of Directors may delegate managerial dupes Section 1 18 "Member" shall mean every person or entity that owns a Lot and holds membership m the Association Membership shall be appurtenant to and may not be separated from ownership of a Lot Section 1 19 "Mortgage" shall mean a deed of trust or any other security instrument Section 1 20 "Nonce" shall mean written notice dehvered personally or mailed [o the last known address of the intended reciptent Section 1 2l "Owner" shall mean every person or entity, including Declarant, which is a record Owner of the fee simple title to any Lot, or if any Lot is sold under real estate contract, [he vendee or vendees under that contract, provided, however, that the teen "Owner" shall not include those having an interest merely as security for the performance of an obhgahon Section 1 22 "Plat" shall mean the planned residential community commonly known as John's Meadow, which is situated on the Property Section l 23 "Property" shall mean the real property legally described on the attached Exhibit "A " Section 1 24 "Successor Declarant(s)" shall mean the person, firm, entity, company or corporation to whom [be Declarant may assign any tight or obligation as provided for above in Section 1 9 In the event of a partial or complete assignment of any tights and/or obligations arising out of the Declaration to a Successor Declarant(s), all references to Declarant throughout the Declaration shall also apply [o such Successor Declarants) with respect to any and all such assigned tights and/or obhganons With respect to Sections 7 4, 7 5, 7 6 and 7 7, the Declarant may, at its sole discretion, both (a) Retain all of its tights and obhgahons arising therefrom, and/or (b) Assign these same tights to a Successor Declarants) In the event of such an assignment by Declarant to a Successor Declarant(s), thereafter, the Declarant and Successor Declarants) shall both or all independently have the same rights with respect to the enforcement provisions set forth m Sections 7 4, 7 5, 7 6 and 7 7 of the Declaration ARTICLE II PROPERTY; DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY Section 2 1 The Property The real property that is to be subJected to ttus Declaration is legally described on the attached Exhibit "A" and represents the whole of the planned residential commundy commonly known as John's Meadow Section 2 2 The Development Plan The Development Plan, illustrated on the attached Exhibit "B," is Declarant's intended design for the development of John's Meadow as a planned residential community The Development Plan includes fifty (50) single-family Lots located on approximately 17 45 acres [JOHN'S MEADOWS CC&RS 09 05 07J 4073579 Page 6 of 30 ©4109/2009 03 41 PM Covenant MICHRELnMRSTROY Washington I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII Section 2 3 Modification of Plans The Development Plan may be modified and amended as provided m this Declaration and as provided under City of Yelm development regulations at any time during the time required to develop John's Meadow It is currently the intention of Declarant to develop John's Meadow in full accordance with the Development Plan, which is, however, conceptual in nature, and does not bind the Declarant to Improve any portion of the Property ARTICLE III COMMON AREAS Sectlon 3 1 Dedication Upon the recording of the Plat of John's Meadow, the portwns of the Property designated as Common Areas were dedicated to the Association The Common Areas owned by the Assoclauon are legally descnbed on the attached Exhibit "C "Pursuant to the conditions of approval for John's Meadow, the Common Areas shall be used for the following purposes (a) Tract "A" for open space purposes, (b) Tract "B" for stonnwater detention facility purposes, and, (c) Tract "C" for stonnwater detention facility purposes (d) Tract "D" dedlcated to the CIty Sectlon 3 2 ~ht of Assoclauon to Adoat Reasonable Rules Each Owner shall have a right of enJoyment and use, together with a nonexclusive easement m, over and through the Common Areas for ingress and egress, which easement shall be appurtenant to and shall pass with the title to every Lot, subJect to the following provisions (a) The right of the Association to (i) adopt reasonable rules governing the use of the Common Areas and the personal conduct of persons authorized to use said Common Areas, and (n) establish appropnate penalties for the violation of those rules, and (b) The tight of the Association to dedicate or transfer by deed or easement all or any part of the Common Areas to any public agency, authority, or utility, however no such dedication or transfer shall be effective without the approval of two-thirds (2/3`ds) of each class of Members descnbed below m Sectwn 4 2 Section 3.3 Dele>?ation of Use Any Owner may delegate its right of enJoyment to the Common Areas to its family, tenants and guests, subJect to the limitations set forth m this DeclazaUon Section 3 4 Association to Mamtam The Association shall (I) maintain, repair, replace and improve the Common Areas as appropnate for afirst-class residential community, and (u) pay the actual cost of the same from Annual or Special Assessments, as appropnate ARTICLE IV ASSOCIATION Section 4 1 General Every Owner of a Lot shall be a Member of the Association Membership shall be appurtenant to each Lot and may not be separated from ownership of any Lot Ownership of a Lot shall be the sole qualification for membership m the Association Section 4 2 Classes The Associahon shall have two (2) classes of voting membership (a) Class "A " Class "A" Members shall be all Owners, with the exception of Declarant or a Successor Declarant, and shall be entitled to one (1) vote for each Lot owned When more than one person holds an interest in any Lot, all such persons shall be Members The vote for such Lot shall be divisible and exercised as the Owners determine, but m no event shall more than one (I) vote be cast with respect to any Lot; and [JOHN'SMEADOWS CC&R'S 09 05 07] / 4073579 l Page 7 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington i iICHREL MRSTRO i IIIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII ~ _ (b) Class "B " The Class "B" Member shall be the Declarant, and shall be entitled to three (3) votes for each Lot that may be created on the Property as depicted on the Development Plan The Class "B" Membership shall cease and be converted to Class "A" Membership upon the happening of either of the following events, whichever occurs earlier (i) When the total votes m the Class "A" Membership equals or exceeds the total votes in the Class "B" Membership, which will occur upon the Declarant's or a Successor Declarant's initial sale of the 3T" Lot out of [he 50 Lots envisioned m the Development Plan to Owners who reside on or lease the subJect Lot to others who reside on said Lot, or (u) On January 1, 2022 Section 4 3 Board of Directors The Association shall be managed by a Board of Directors elected or appointed in accordance with the Articles of Incorporation and Bylaws of the Association Section 4 4 Deleeahon to Manager The Board of Directors may delegate any of its managerial dupes, powers, or functions to any person, firm, entity or corporation (the "Manager"), provided that any management agreement maybe terminated by the Association (a) For cause upon delivery of thn'ty (30) days advanced written notice, and (b) Wtthcut cause upon delivery of ninety (90) days advance written notice The term of any such management agreement may (a) Not exceed one (1) year, and (b) Be renewable by agreement of the parties for successive one- (1) year periods The Members of the Board of Directors shall not be liable for any omission or improper exercise by the Manager of any duty, power, or function so delegated by written instrument executed by a maJonty of the Board of Directors ARTICLE V EASEMENTS Section 5 1 U[$rtv and Dramaee Easements for Declarant and/or its Assiens In adddicn to or consistent with easements reserved on the face of the Plat or created by any instrument of record, nonexclusive easements for uhltties and drainage are reserved for the Declarant and/or rts assigns, over a five (5) foot wide strip along each side of the interior Lot hoes and over a ten (10) foot wide step adJacent to the rear and street side Lot Ime of each Lot In addition, a nonexclusive easement is reserved for Declarant and/or its assigns over, under, and on all of the Common Areas Within all of the easements, no structure, planting or fill material shall be placed or permitted to remain which may, m the opinion of the ACC, damage or interfere with the installation and maintenance of utilities, or which may obstruct or retard the flow of water through drainage channels m the easements The easement area of each Lot and all improvements within it shall be maintained continuously by the Owner of the Lot, except for [hose improvements for which a public agency, authority, uhlrty company, and/or the Association is responsible Fencing and landscape plantings are permitted on the side and rear property lines as approved by the ACC Section 5 2 STEP Svstem Easement far Crtv of Yelm In accordance with the note on the face of the Plat of John's Meadow, a perpetual easement is reserved for and granted to the Ctty of Yelm, its successors and assigns for the operation, maintenance, and repair of any or all portions of the Septic Tank Effluent Pumps (STEP) system including, but not restricted to STEP tanks, (JOHN'S MEADOWS CC&RS 09 OS 07J 4073579 Page 8 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington MICHREL MRSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII chambers, pressure/gravity sewer connection hoes and pump status panel, over, under and through the Plat The purpose of the easement is to provide access for City officers and employees to the CIty owned portion of the S T E P samtary sewer system The width of the easement shall be five (5) feet on each side of the pipe and electrical Imes as constructed The width of the tank easement shall extend Eve (5) feet beyond the edges of the tank The CIty of Yelm shall also have the right to temporarily utilize such area beyond the easement azea that Is necessary for the operation, maintenance, and any repay activities on the S T E P system Section 5 3 Easement for Association The Association, the ACC, the Declarant and Its agents, successors and assigns shall have a nonexclusive easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as maybe necessary for the following purposes (a) The cleaning, maintenance, repay or replacement of any Improvement as provided in Section 7 l (this easement shall also include the reasonable right of entry to the interior of any building, to the extent necessary to perform the work described m Section 7 1), (b) The maintenance, repay, replacement, or Improvement of any Common Area accessible from a Lot, (c) Emergency repays necessary to prevent damage to the Common Areas or to another Lot, or the Improvements thereon, (d) The cleaning, maintenance, repay, or restoration work that the Owner is requved to do, but has failed or refused to do, and (e) All other acts necessary to enforce this Declaration Except In the event of an emergency where advance notice Is not possible, these easements shall be exercised only after reasonable notice to the Owner Section 5 4 Easement for Government Personnel An easement for access by police, fve, rescue and other government personnel Is reserved across all Common Areas as necessary or appropriate for the performance of then public duties As stated on the face of the plat of John's Meadow, the CIty of Yelm shall have an easement over and across Tract "A" to allow access to Tract ..D „ Section 5 5 Easement for Declarant The Declarant shall have an easement across all Common Areas for mgess, egress, storage and placement of equipment, materials or uhllhes, and such other actions necessary for or related to (a) The development and/or maintenance of the Property, and (b) The development and/or maintenance of any property owned by the Declarant at the time of the creation of this Declazation or subsequently acquved by the Declarant that Is to be developed by Declarant and is adJacent to or m the vicinity of the Property ARTICLE VI ASSESSMENTS Section 6 1 Covenants for Maintenance Assessments (a) Each Owner of a Lot by acceptance of a deed therefor, whether or not It shall be so expressed m any such deed or other conveyance, is deemed to agree to pay to the Assoclahon (Q "Annual Assessments" or charges, and (u) "Special Assessments" for capital improvements [JOHN'S MEADOWS CC&RS 09 OS 07J 4073579 Page 9 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington MICHPEL MtiSTRO I IIIIIII III IIIIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII (b) The Annual Assessments and Special Assessments, together with interest, costs and reasonable accounting fees and attorney's fees shall be a charge and a continuing lien upon the Lot against which each such Assessment is made Such hen may be foreclosed by the Association In the same manner as a Mortgage on real property (c) Each Assessment, together with interest, costs, and reasonable accounting fees and attorney's fees shall also be the personal obligation of the person(s) who is or aze the Owner(s) of the Lo[ assessed at the rime the Assessment becomes due and payable The personal obhgahon shall not pass to the Owner's successors-in-interest unless expressly assumed by the successor-in-interest The new Owner shall be personally liable for Assessments that become due and payable on and after the date of sale (e g ,date of closing if sold by real estate contract) or transfer of a Lot to the new Owner (e g ,date of conveyance by deed) Seaton 6 2 Puroose of Assessments The Assessments levied by the Association shall be used exclusively for the purpose of (a) Promoting the recreation, health, safety and welfare of the residents of the Property, (b) Improving, maintaining, replacing and/or repainng of the Common Areas and the services and facilities related to the use and enJoyment of said Common Areas, Areas, and (c) Paying the costs associated with taxes and insurance related to the Common (d) Paying the Association's admmistrarive expenses (e g ,accounting fees, legal fees, office supplies, etc ) Section 6 3 Annual Assessments The Boazd of Directors shall establish the maximum Annual Assessment that may, from rime to rime, be increased subJect to the following conditions and limitations (a) Until January 1, 2010, the maximum Annual Assessment shall be Two Hundred and 00/100ths Dollars ($200 00) per Lot, (b) After January 1, 2010, and continuing until such rime as the Class "B" Membershtp ceases to exist, the Board of Dtrectors may fix and increase the maximum Annual Assessment as necessary to fulfill the purposes set forth m this Declaration, and (c) From and after the date upon which the Class "B" Membershtp ceases to exist, the maximum Annual Assessment may not be matenally increased u+ithout an affirmative vote of two-thuds (2/3"u) of the Class "A" Members who are voting m person or by proxy, at a meeting duly called for such purpose pursuant to Section 6 11 of this Article A "matenal increase" shall be an increase, which cumulatively for the Association's then current fiscal year increases the Annual Assessment by more than ten percent (10%) Section 6 4 Commencement of Annual Assessments The Annual Assessments shall commence as to each Lot within the Property on the fast (1~') day of the month following the Imhal Sale The fast Annual Assessment shall be prorated to December 31 of the then current calendar year and shall be collected at the closing of the Initial Sale Section 6 5 Board to Fix Annual Assessment The Board of Directors shall fix the Annual Assessment at an amount not m excess of the maximum at least fifteen (15) days pnor [o the start of the forthcoming fiscal year Wntten notice of the Annual Assessment shall be sent to every Owner In the even[ the Board fails to fix an Annual Assessment for any fiscal year, then the [JOHN'S MEADOWS CC&RS 090507) g 4073579 Page 10 of 30 04/09/2009 03 41 PM Covenant ihurs ton County Wash ingl on MI CHREL MRSTRO IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIII Assessment established for the prior year shall automatically be continued until such rime as the Board acts by modifying the Annual Assessment The Annual Assessments shall be determined m such a manner so as to be sufficient to (a) Meet the obligations imposed by iltis Declazarion and any supplementary declarations, and (b) Establish an adequate reserve fund for the maintenance, repair and replacement of those Common Areas that require such actions on a periodic basis Section 6 6 Special Assessments for Canital Improvements In addition to the Annual Assessments authorized above, the Association may levy m any assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, m whole or m part, the cost of any construction or reconstruction, unexpected repair or replacement of a capital improvement upon the Common Areas, mcludmg, without exception, the necessary fixtures and personal property related thereto, provided, however, that any such Special Assessment shall have the assent of two-thuds (2/3'x) of the votes of each class of Members who are voting m person or by proxy at a meeting duly called for this purpose pursuant to Section 6 11 of this Article Section 6 7 Reimbursement Assessment In addition to the Assoctation Assessments, the first Ownet of each Lot who is not a Budder shall pay at closing to Declarant a Reimbursement Assessment m the amount of Five Hundred and 00/100ths Dollars ($500 00) Such Assessment represents each Lot's pro rata share of the sums advanced for expenses benefiting all of the Owners, mcludmg expenses associated with the establishment of the Association and mcludmg the cost of installing and maintaining certain improvements The Reimbursement Assessment shall be collected by the Builder who sold the Lot to the Owner, and if the Builder fails to collect the Reimbursement Assessment and/or to remit such assessment to Declarant, Builder shall be personally liable to Declarant for the Assessment plus the cost of collection, mcludmg attorney's fees Section 6 8 Working Capital Contribution At the tune of an Initial Sale of a Lot wtthm the Property the Builder shall pay One Hundred Fifty and 00/100ths Dollars ($150 00) per Lot to the Association as a conmbuhon to the working capital of the Association Section 6 9 Repair Fund Fee(sl Notwithstanding all of [he other provisions included m this Article VI or in Article VII, below, and without m any way whatsoever diminishing or modifying the vitality of the terms and conditions ansmg from such other provisions, at the rime of an Imhal Sale of a Lot within the Property the Builder shall pay to the Declarant a fee in the amount of One Hundred and 00/100ths Dollazs ($100 00) per Lot Tlus fee shall be used to perform repairs required as a result of the City of Yehn's inspection of the public roads and the private storm drainage system at the end of the designated maintenance period (the "Repair Fund Fee(s)") The Repair Fund Fee(s) shall be paid m addition to, not m lieu of, any and all other maintenance costs, expenses, fees or charges of any name or chazactenzahon ansmg from the other provisions included this Declaration, generally, mcludmg without hmdahon those provided for m Article VII Section 6 10 Rate of Assessments Except as provided for m Section 7 3 below, all Assessments shall be fixed at a umform rate for all Lots within John's Meadow Section 6 11 Notice and Ouorum for anv Action Authorized Under Sections 6 3 and/or 6 5 Written notice of any meeting conducted pursuant to Sections 6 3 or 6 5 of this Article shall be sent to all Members not less than thirty (30) days or more than sixty (60) days m advance of the meeting and shall include a statement explaining of the purpose of the scheduled meeting At the fast meeting called for the purposes set Forth m Sections 6 3 and/or 6 5, the presence of Members or of proxies entitled to cast sixty percent (60%) of all the votes of each separate and distinct class of Membership [JOHN'S MEADOWS CC&RS 09 OS 071 4073579 Page 11 of 30 04/09/009 03 41 PM Covenant Thurston County Washington MICHREL MRSTRO (IIIIIII IIIIVIIIII IIIIIVII IIIIIIIIII (IIIIIII IIVIIIVIIIIIIII IVIIIVI (IIIIIII shall constitute a quorum If the required quorum is not forthcoming at any meeting, a subsequent meeting may be called, subject to the notice requirement set forth above m this Section 6 11, and the required quorum at any such subsequent meeting shall be one-half (Yz) of the required quorum at the preceding meeting However, no such subsequent meeting having a reduced quorum requirement shall be held more than sixty (60) days following the preceding meeting Section 6 12 Certificate The Assoaahon shall, upon request, furnish a certificate m writing signed by an officer of the Assoaahon setting forth whether the Assessments on a specified Lot have been paid The Association may make a reasonable chazge for the issuance of these certificates Such certificate shall be conclusive evidence of payment or nonpayment of any Assessment Section 6 13 Effect of Nonpayment of Assessments, Remedies of Association Any Assessments that are not paid when due shall be delinquent A late charge equal to five percent (5%) of the amount overdue shall be charged for any payment made more than ten (10) days past the due date The Assoaahon, after approval by two-thirds (2/3"'x) vote of the Board, may increase the percentage rate of the late charge If the Assessment is not paid within thirty (30) days after the due date, the Assessment shall beaz interest from the due date at the rate of twelve percent (12%) per annum, and the Assoaahon may bung an action at law against the Owner obligated to pay the Assessment, or may foreclose the lien against the Lot, and m either event, interest, costs, and reasonable attorney's fees shall be added to the amount of such Assessment No Owner may waive or otherwise escape habilrty for Annual or Special Assessments by nonuse of the Common Area or by abandonment of his, her, thee, or its Lot Section 6 l4 Suspension of Votme Rights In the event any Member shall be m areazs m the payment of the Assessments due or shall be m default of [he performance of any of the terms of the Articles and Bylaws of the Association, the rules or regulations adopted by the Association, or the Declaration for a period of thuty (30) days, the Member's right to vote shall be suspended and shall remain suspended until all payments are brought curent and all defaults are fully remedied In addition, the Assoaahon shall have such other remedies against any such delinquent Member or Members as may be provided m the Articles, Bylaws and/or Declaration Section 6 15 Subordination of Lien to Morteaees The hen of the Assessments provided for m this Declaration shall be subordinate to the lien of any First Mortgage Sale or transfer of any Lot shall not affect the Assessment hen However, where the mortgagee of a Mortgage of record or other purchaser of a Lo[ obtains possession of the Lot as the result of foreclosure of a Mortgage, or by deed or assignment in lieu of foreclosure, such possessor, or his, her, their or rts successors and assigns, shall not be liable for the Assessments imposed by the Association chargeable to such Lot which became due prior to such possession Such unpaid share of common expenses or Assessments shall be deemed to be common expenses collectible from all of the Owners, including such possessor, his, her, their or its successors and assigns Section 6 16 Exemot Propertv The following portions of the Property shall be exempt from the payment of Assessments (a) All portions of the Property dedicated to and accepted by a public agency, authority and/or utility, and (b) The Common Areas and other areas set aside for nonresidential use [JOHN'S MEADO W S CC&RS 09 05 07J 10 4073579 Page 12 of 30 04/09/2009 03 41 PM Covenant MIGHt1ELnMFl5TR0Y Washington IIIIIIIIIIIIIIIVIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIVIIIVIIIIIIIIIII -_ . ARTICLE VII MAINTENANCE Section 7 1 Standard of Mamtenance -Common Areas The Assoclation shall be obligated to do the following (a) Mamtam, repair and replace all community mailboxes, street fights (If not maintained by a public or private utility company), the entry slgnage and any other privately owned improvement installed or constructed by Declarant during the development of the Property (b) Mamtam, repair and replace when necessary the landscaping, fencing, recreational amenmes, Imgation systems, stonnwater drainage and detention facilities and appurtenances, and other Improvements situated within the Common Areas (c) Mamtam, repair and replace when necessary the landscaping required along Mlddle Road, subJect to Clty of Yelm regulations John's Meadow (d) Mamtam, repair and replace the stormwater systems and facilities that serve The Board shall be responsible to make all decisions as to the work required under flits provision All expenses incurred m performing the obhgahons described m this Article shall be paid for by the Association and become pan of the Assessments described above m Article VI, provided, however, that if any of such work Is required as the result of any negligent or intentional act or omussion of any Owner, or his, her, then or Its guests, family or tenants, the cost of such work shall be paid for exclusively by such Owner, and shall become part of the Assessment levied against the Lot owned by such Owner Section 7 2 Standard of Mamtenance -Other Areas Each Owner shall have the obhgahon to maintain his, her, then or Its Lot and any bmlding, landscaping, fencing or other Improvements located on the Lot (and including as part of the Lot the planting strip located adJacent to the public street) to standards appropriate for afirst-class residential community The planting strip maintenance requirement does not apply to any Lots that adJoin Mlddle Road on the boundary of the Lot that is adJacent to those roads, which Is to be mamtamed by the Association All roof drain runoff i~ltrahon systems located on a Lot shall be mamtamed by the Owner In accordance with the note on the face of the Plat, Owners shall also be responsible for the maintenance of the House Lateral connecting the S T E P tank to the house plumbing and the inlet to the tank chamber Section 7 3 Remedies for Failure to Mamtam If the Owner of any Lot fails to so mamtam the Lot, bulldmgs, landscaping fencing, trees, landscaping and/or other unprovements to those standards ("Non-Conforming Owner"), the Association, after approval by two-thuds (2/3`x) vote of the Board, shall have the tight, through ds agents and employees, to enter upon the Lot and to clean, repair, mamtam, and restore the Lot and the exterior of the bulldmgs and other unprovements, provlded, however, that any alteration or demolition of constructed Improvements may only take place after Judicial proceedings aze uistituted The cost of such exterior maintenance and all court costs, and attorney's fees incurred in enforcing this provlslon shall be added to and become part of the Assessments for such Non-Conforming Owner's Lot, fully subJect to [he remedial provisions set forth m Article VI Section 7 4 Street Trees and Planhne Strlns As a condition of approval for John's Meadow, the Declarant was required to install certain trees adJacent to the road tight of way according to the landscape plan approved by the city of Yelm ("Street Trees") Each Builder or Owner Is [JOHN'S MEADO W S CC&RS 09 OS 07J 1 1 _ _ __ _ _ _ _ _ -- - - 4073579 Page 13 of 30 Covenant 04/09/2009 03 41 PM Thurston County Washington ~ MICHREL MRSTRO (IIIIIII IIIIIIIII VIIIIIII IIIIII VIII IIIIIIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIIIII responsible to maintain said Sffeet Trees and m the event any Street Tree is removed or damaged for any reason, the Owner of the Lot upon which the Street Tree is located (and including as part of the Lot the planting sffip located between the street and the sidewalk adjacent to the Lot, if applicable) shall immediately replace the tree with a tree that is the same species and of sunilar size If it is necessary for the Declarant to replace any Sffeet Tree due to failure of the Builder or Owner to do so, Builder or Owner shall reimburse Declarant for the cost of replacing same In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a hen against the Lot of said Builder or Owner to secure payment of said reimbursement If rt cannot be detenmined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reimburse the Declazant for any expenses incurred by the Declarant within thrtry (30) days of receipt of Declarant's request Regardless of any other provision m this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration Section 7 5 Street Renau, Maintenance and Cleamne Dunne Development of Plat All Builders and Owners shall use due diligence to avoid allowing any unnecessary dirt, debns or other material from washing onto the road as a result of any construction activities and shall at all times remain responsible for keeping the road clean of any such debns, dui or material In addition, all Builders or Owners shall use due diligence to avoid causing any damage [o the road or sidewalks and all roads, sidewalks and other improvements constructed by the Declarant Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a lien against the Lot of said Builder or Owner to secure payment of said reimbursement If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reinburse the Declarant for any expenses incurred by the Declarant within thrty (30) days of receipt of Declazant's request Notwithstanding any other provision m tlus Declaration, this Section cannot be amended for a period of ten (10) years after recording of this Declazahon Section 7 6 Maintenance of Stonnwater Dramaee Svstem Dunn¢ Develonment of Plat All Builders or Owners shall use due diligence to avoid allowing any materials from washing or being put into the stormwater drainage system as a result of construction activities conducted by said Builder or Owner This includes any sediment, cement slurry, or other material washing off or coming off of any Lot upon which a Builder or Owner is constructing an improvement In the event any Builder or Owner is m violation of the provisions of this Section, that Builder or Owner shall pay a maintenance charge to the Declarant in an amount to be determined by the Declarant, but not to exceed five hundred and 00/100ths Dollars ($500 00) for each violation In addition, each Builder or Owner agrees to mdemmfy the Declarant from any costs or chazges which the Declazant may incur m connection with the cleaning and maintenance of the stonnwater drainage system as a result of any violation Any Builder or Owner who violates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incurred by Declarant because of the failure of the Builder or Owner to abide by the provisions of this Section In the event any Builder or Owner does not pay the same upon request, then the Declarant shall have a hen against the Lot of said Builder or Owner to secure payment of said reimbursement If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall rennburse the Declarant far any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request Notwnhs[anding any other provision m this Declaration, this Section cannot be amended for a period often (l0) years after recording of this Declaration Section 7 7 Uhhty Repair and Maintenance Dunne Develonment of Plat All Builders or Owners shall use due diligence to avoid allowing any damage to occur to any utility or related system [JOHN'S MEADO W S CC&R5 09 05 071 12 ~ 4073579 Page 14 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington MI CHREL MRSTRO I I IIIIIII III IIIIII VIII IIII IIhI VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII improvement as a result of construction achvmes conducted by said Builder or Owner In the event that such damage occurs, the Bwlder or Owner agrees to unmediately repair or replace same Any Builder or Owner who isolates the provisions of this Section shall reimburse the Declarant, upon request, for any expenses incuned by Declarant because of the failure of the Builder or Owner to abide by the terms and provisions of this Section In the event any Budder or Owner does not pay the same upon request, then the Declarant shall have a hen against the Lot of said Builder or Owner to secure payment of said reimbursement If it cannot be determined which Builder or Owner was responsible for the violation of the above provisions, then the Association shall reunburse the Declarant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request Notwithstanding any other provision m this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declaration Section 7 8 Reoairs Required by the Cttv of Yelm Any repairs, modifications, alterations, upgrades, improvements and/or labor, material and/or egmpment required followtng the City of Yelm's inspection of the public roads and private storm drainage system at the end of the designated maintenance period may be paid for from the proceeds of the Repair Fund Fee(s) collected pursuant to Section 6 9 above and/or, in Declarant's sole discretion, through the procedures set forth herein m Sections 7 4, 7 5, 7 6 and 7 7, generally ARTICLE VHI ARCHTTECTURAL CONTROL COMIVIITTEE Sectmn 8 1 Annointment and Membership There is hereby constituted an Architectural Control Committee (the "ACC") The Declarant shall have the umlateral right to select the members of the ACC, at the Declarant's sole and exclusive option, until each and every Lot is fully developed and a house is constructed thereon Thereafter, the ACC shall be appointed by the Board A malonty of the ACC may designate a representative to act for it, which representative shall be known as the "Control Architect " Section 8 2 Gmdehnes The ACC shall have the authority to adopt and amend written guidelines to be applied m its review of plans and specifications, inorder to further the intent and purpose of this Declaration and any other covenants or restrictions covering the Property if such guidelines are adopted, they shall be available to all Members upon request Section 8 3 Meetings, Compensation The ACC shall meet as necessary to properly perform its dupes, and shall keep and maintain a record of all actions taken at the meetings or otherwise Unless authorized by the Association, neither the Control Architect, nor the members of the ACC shall receive any compensation for then services Both the Control Architect and members of the ACC shall be entitled to reimbursement for reasonable expenses incurred in connection with the performance of any ACC authorized duties Section 8 4 Nonwarver Approval by the ACC of any plans, drawings or specificaUOns shall not be a waiver of the right to withhold approval of any similar plan, drawing, specification, or matter submitted for approval Section 8 5 Liabffrtv Neither the ACC nor any of its members shall be liable to the Association or to any Owner for any damage, loss or prejudice resulting from any action taken m good faith on a matter submitted to the ACC for approval or for failure to approve any matter submitted to the ACC The ACC or its members may, during its review and consideration of any matter or issue over which it has ~unsdichon, consult with the Association or any Owner with respect to any plans, drawings, specifications, or any other inquiry received by the ACC and/or proposal submitted to the ACC [JOHN'S MEADOWS CC&RS 09 O5 07J 13 ~ 4073579 _ Page 15 of 30 Gavenant 04/09/2009 03 41 PM Thurston County Washington MICHREL MRSTRO ~- - -- ARTICLE LY ARCHTTECTURAL AND LANDSCAPE CONTROL Section 9 1 ~oroval of Plans Reoused Except as provided for in Section 9 2 below, none of the following actions may be taken until plans and specifications for the same have been approved m writing by the ACC (a) The construction of private roads or driveways, (b) The construction or erection of any building, fence, wall or other structure, including the installation, erection, or construction of any solar collection or satellite device, (c) The remodeling, reconstruction, or alteration of any road, driveway, building or other structure, and (d) The landscaping or alteration of any existing landscaping upon any area which is required to be maintained either by the Association or any Owner pursuant to this Declaration Section 9 2 Anvroval Not Required Notunthstandmg any other provision included m this Declaration, the approval of the ACC shall not be required for each of the followmg (a) Action taken by Declarant to develop the Property m accordance with the Development Plan, (b) The construction by Declarant of any single-family home, (c) Other development activity undertaken by Declarant (including, without limitation, clearing, grading, construction of utilities landscaping, construction of driveways, parking areas, fences, etc) on any Lot, and (d) Construction by a Builder of any improvement, provided that the Builder has obtained a waiver m writing from the ACC exempting that Budder from the ACC approval process in advance of commencement of construction Such waiver may be granted by the ACC followmg its review and approval of a specific base plan that will be repeatedly constructed m the Plat and must be obtained prior to the initiation of construction Section 9 3 Procedure for Review Any person desirous of obtaining ACC review and approval as provided for in this Article LY shall submit to the ACC anon-refundable review fee m the amount of two hundred fifty and 00/100ths Dollars ($250 00) along with two (2) sets of plans and specifications showing at a minunum (a) The size and dimension of the proposed and existing (if applicable) improvements, (b) The proposed and existing (if applicable) exterior design, (c) The proposed exterior color scheme, (d) The exact location of the proposed and existing (if applicable) improvement on the Lot, (e) The exact location of proposed and existing (if applicable) driveways and parking areas, (f) The proposed and existing (if applicable) scheme for surface water drainage and grading, [JOHN'S MEADOWS CC&RS 09 OS 07J 14 4073579 Page 16 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington I, ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ (g) The proposed and existing (if apphcable) landscaping plan, (h) The proposed and existing (if apphcable) outdoor lighting plan, and {i) The materials to be used m proposed construction Approval or disapproval of such plans and specifications shall be evidenced by written notation on such plans and specifications, one (1) copy of which shall be delivered to the Owner of the Lot upon which the proposed action is to be taken The ACC shall not be responsible for any structural defects m such plans or specifications or m any building or structure erected according to such plans and specifications The ACC shall issue its decision within thirty (30) business days from the date the completed plans and specifications satisfying and complying vnth all of the foregoing stated elements are received by the ACC Section 9 4 Cntena for Aonroval Approval of plans and specifications will be withheld or conditioned if the proposed action is at variance with any part of this Declaration including without limitation the covenants, other covenants covering the Property, or design guidelines adapted by the ACC Approval may also be withheld or conditioned if, m the opinion of the ACC, the proposed action will be detrunental to the community because of the grading and drainage plan, location of the improvement on the Lot, color scheme, finish design, proportions, size of home, shape, height, style, materials, outdoor hghtmg proposed, landscaping plan, or For any other reasonable objection supported by the mfonnahon reviewed and considered by the ACC Section 9 5 Conformnv with Annroved Plans It shall be the responsibility of the ACC to determine that the improvement was completed m accordance with the plans as submitted and approved Such determination must be made within sixty (60) days of the completion of the improvement If the ACC shall determine that the improvement does not comply with the plans and specifications as approved, it shall notify the Owner within that sixty (60) day period If the Owner is so notified, that Owner shall within such time as the ACC shall specify, but not less than dluTy (30) days either, (a) Remove or alter the improvement, or (b) Take such other steps as the ACC shall designate to bniig the improvement into conformity Section 9 6 Governmental Permits No construction or exterior addition or change or alteration of any structure may be started on any portion of a Lot without the Owner first obtaining a budding permit and any and all other necessary permits from all governmental entities having jurisdiction over the Property ARTICLE X PERMITTED AND PROffiBTTED USES Section 10 1 General All Lots shall be used solely and exclusively for private single- family homes with appurtenant garages A building site shall consist of not less than one (1) Lot as shown on the Development Plan No Lot shall be drnded except with the permission of the ACC and the City of Yelm The boundary between two Lots may be adjusted pursuant to a boundary tine adjustment authorized by RCW 59 17 040(6) Any building or structure to be erected, constructed or maintained shall be commensurate m quality with the other homes m the Plat Section 10 2 Dwelhne Quality and Size No home shall be permitted on any Lot without the pror written approval of the ACC It is the intention and purpose of these covenants to assure that all homes shall be of quality workmanship All homes must have a minimum of 1,000 square feet of [JOHN'S MEADOWS CCBRS 09 OS 07] 1S 4073579 Page 17 of 30 04/09/2©09 03 41 PM Covenant Thurston County Washington MI CHREL f1R9TR0 IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIII living space for asingle-story home or for amulti-story home Garages and unheated areas shall not be included in detennimng square footage Section 10 3 Land Use and Buildme Twes All Lots subject this Declaration shall be used only for residential purposes No structures of any kind shall be erected or permuted to remain on any Lot other than single family homes, garages, workshops, and structures normally accessory to such homes No carports will be allowed and all garages must have doors All dwellings shall be "shck- built " Mobile homes, manufactured housing, and modular homes are specifically not permuted At a minimum, aone-car gazage is required A two-car or a three-car garage are also permuted Where rt is arc}utecturally possible, the garage shall be incorporated in or made a part of the dwelling No detached garages shall be permitted except wuh the express approval of the ACC If a detached garage is permuted, it may incorporate an "accessory dwelling unit" above the garage, provided that it is approved by all government entities having Iurisdichon over the Property On-site parking provisions for no less than two (2) automobiles shall be pronded m addition to garage automobile storage Section l0 4 Fences No fence, wall or hedge shall be erected, placed or altered on any Lot nearer to any street than the less restrictive of (a) The bnildmg setback tine, or (b) The front facade of the primary residence, excluding [he garage Notwithstanding the foregoing, nothing shall prevent (i) The erection of a necessary retaining wall (the top of winch does not extend more than two (2) feet above the finished grade at the back of said wall), and (m) Fences closer to the front boundary of a Lot than otherwise allowed for m this Section, provided that they are approved m advance and in writing by the ACC The ACC shall not approve fences that are not constructed in accordance wuh the design guidelines adopted by the ACC Section 10 5 Sieht Distance at Intersection No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) and six (6) feet above the finish elevation of the roadways shall be placed or permitted to remain on any comer Lot within the triangular area formed by the right of way tines and a tine connecting them at points twenty-five (25) feet from the intersection of the right of way lines, or, in the case of a rounded Lot corner, from the intersection of the right of way fines extended The same sight-tine limitations shall apply on any Lot wuhin ten (10) feet from the intersection of a street-side property line with the edge of a driveway or alley pavement No tree shall be permitted to remain within such distance of such intersection, unless the foliage line is mamtamed a suffiment height to prevent obstruction of such sight fines This provision shall specifically apply to Lot 28, as well as all other comer Lots within John's Meadow Section 10 6 Temnorarv Structures No pre-existing building or structure shall be moved onto any portion of the Property No trailers or manufactured housing shall be mamtamed on any Lot as a residence No budding of any kind shall be erected or mamtamed on a Lot prior to the erection of either a detached or attached single family dwelling thereon, except that a garage or other small building or permanent structure may be erected for the storing of tools and other articles but shall not be used for residence purposes Nothing m this Section shall prevent the temporary use of a [JOHN'S MEADOWS CC&RS 090507] 16 4073579 Page 18 of 30 04/09/2009 03 41 PM Covenant MICH47El_nMR5TR0Y Washington construction shack and/or trazler during the construction of any approved dwelling and/or during the development of the Property by Declarant Section 10 7 Construction The work of construction of all building and structures shall be prosecuted diligently and continuously from commencement of construction until the structures are fully completed and painted All structures shall be completed as to external appearance, mcludmg siding on the front of [he structure and also mcludmg finish painting, within six (6) months from the date of commencement of construction Except with the advanced wntten approval of the ACC, no persons shall reside upon the premises of any Lot until such time as the improvements to be erected thereon m accordance with the plans and specifications approved by the Control Architect or ACC have been fully completed to the reasonable satisfaction of the ACC Section 10 8 Setbacks No building shall be located on any Lot nearer to the front Lot line or nearer to the side street flan the minimum building setback fines adopted by the govenimental authority with lunsdtction over the Plat and/or as shown on the recorded Plat Section 10 9 Exterior Liehttna Exterior lighting of any sort that would be visible from any street or from any other Lot shall not be installed wdhout first obtaining advanced wntten approval of the ACC Section 10 10 Roofs Roofing materials shall be architectural grade composition roofing with a minimum life span of 30 years, subject to the condition that the ACC, m its sole discretion and upon request, may permit substitution of other roofing materials Section 10 11 Dnvewavs All driveways, mcludmg any access to the rear yard of any residence, shall be of a hard surface construction of concrete. Section ]0 12 Extenot Finish The siding of each home shall be finished with cedar, stone, back (real or simulated), wood, wood based, concrete, vinyl lap or bevel lap siding Panel siding, "T-1- 11" or the equivalent is only pernuued on the sides and rear of homes No "T-1-11" is permuted on the front of a home All colors and any other type material shall be approved by the ACC All metal fireplace chimneys shall be euher wood or stone wrapped Section 10 13 Building Materials All improvements constructed on any Lot shall be built of new materials, with the exception of "decor" items such as used brick and similar dems The ACC will determine if a used material is a "decor" item In making this detertrunahon, the ACC will consider whether the material harmonizes with the aesthetic character of the other residences and whether [he material would add to the attractive development of the Plat Section 10 14 Garbaee and Refuse Disoosal No garbage, rubbish or cuttings shall be deposited on or left on the Lot premises, unless placed in an attractive container suitably located and screened frompubltc view Section 10 15 Storaee and Placement of Butldtng Materials No budding material of any kind shall be placed or stored upon any portion of the Property m the Plat until the Owner is ready to commence construction, then such material shall be placed only within the boundary of the Lot upon which structures are to be erected and shall not be placed m the street or on any Common Area Section 10 16 Nuisances No noxious or undesirable thing or noxious or undesirable use of the Property shall be permuted or maintained whatsoever The ACC's determination of any undesirable or noxious (a) thing, and/or (b) use of the Property, shall be conclusive The ACC may recommend and the Board may direct that steps be taken as is reasonably necessary, mcludmg institution of a legal action of [he tmposuion of fines to abate any achvuy, remove anything [JOHN'S MEADOW S CC8R5 09 05 07] 17 4073579 Page 19 of 30 04/09/2009 03 41 PM Covenant ~ Thurston County Wash in9t on IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII or terminate any use which is determined by the ACC or descnbed m this Declaration to constitute a nuisance Section 10 17 Sims No sign of any kind shall be placed on the Property, except (a) Signs identifying the Owner and address of the Lot, or (b) Signs designating a Lot or residence for sale or rent No such signs shall be of a size greater than two feet (2') square (e g four square feet) and shall not be of a nature offensive or obnoxious to Owners within the Plat No business signs, advertising signs or signs m any way relating to occupation or profession shall be allowed None of the foregoing provisions shall apply to signs placed upon the Property by the Declarant during the uutial development of the Plat Sectton 10 18 Oil and Mmme Onerations Otl dulling or od development operations, refining, mining operations of any kind or the operation of quames, gravel and sand pu, solid removing or topsoil stripping shall not be permitted on any of the Lots No ml wells, tanks, tunnels, mineral excavations or shafts shall be permuted No demck or other structures deslgried for use m bonng for oIl or natural gas shall be erected, mamtamed or permuted on any Lot Sectton 10 19 Individual Water Svstems No individual water supply systems shall be permitted on any Lot Section 10 20 Clotheslines No outdoor clotheslines shall be located on any Lot Section 10 21 Fuel Tanks No fuel tank shall be maintained above ground on any Lo[, unless screened from view m a manner satisfactory to the ACC as evidenced by a wntten advanced approval No underground fuel tanks shall be placed, bused or mamtamed on the Property Section 10 22 Excavation Except with the advanced wntten approval of the ACC, or except as may be necessary in connection with the construction of any Improvement, no excavation shall be made on nor shall any dut be removed from any Lot Section 10 23 Animals No animals, livestock or poultry of any land, other than household pets, shall be kept or mamtamed on any part of the Property Dogs and cats, not to exceed a total of two (2), may be kept on any Lot, provided that they are not kept, bred or mamtamed for any commercial use or purpose No reptiles shall be kept upon the premises Any dogs must be kept so as to minimize excessive noise from barking or otherwise shall be considered a nuisance according to the terms of this Declaration Animals shall not be allowed to roam loose outside the boundanes of the Lot upon which they are kept Section 10 24 Cuttme of Trees Except as provided in Section 9 2 above, no cutting of trees on the Property shall be permitted wuhout the advanced written approval of the ACC Section 10 25 Natural Dramase The Owner of any Lot shall not take any action which would interfere with surface water drainage across that Lot euher through natural drainage or drainage easements Except with the advanced wntten approval of the ACC, the natural drainage course over any Lot shall not be changed Section 10 26 Vehicle Parking No vehicle may be parked on any budding Lot, except on designated and approved dnveways or parking areas, which areas shall be hard-surfaced Not withstanding the foregoing, no vehicle may be parked within the area designated on the face of the Plat as a "shared dnveway " Any hard surfaces shall be constructed only m accordance with the site plan approved in writing in advance by the ACC Only the cars of temporary guests and visitors may [JOHN'S MEADOW S CC&RS 09 OS 071 ] 8 4073579 - -_ _- -~ - Page 20 of 30 p4/©912009 03 41 PM Covenant Thurston County Wash ing[on MICHAEL MRSTRO IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII be parked on the public streets All other vehicles shall be parked m garages or on designated and approved driveways or parlang areas located entuely on a Lot Section 10 27 Iouerable Vehicles No inoperable vehicles, motorcycles or other motorized apparatus shall be stored on the Lots, the Common Areas, the streets or anywhere within the Plat If an Owner refuses to remove an inoperable vehrcle, the ACC shall have the DOWef to remove the vehicle at the Owner's expense at anytime 24-hours after the posting of an intent [o tow notice conspicuously on the vehicle Section 10 28 Recreational Vehicle Prolibrtron Except with the advanced written approval of the ACC, Owners at no lime shall keep or permit to be kept on then Lot any house tracer, unattached camper, recreational vehrcle ("RV"), boat or boat trader, unless the same rs housed within a garage or located m the rear yard and swtably screened from view from the street and adjacent Lot(s) using a solid board Fence at least six (6) feet m herght the design of winch has been approved by the ACC in advance of the commencement of its construction Section 10 29 Recreational Vehicle Limned ExceoGOn Owners who have guests vrsrhng them intending to stay m a camper, trailer, or other form of recreational vehicle may secure written permrssron from the ACC for guests to park a vehicle upon the Lot or the public street for a time not to exceed seventy two (72) hours in any calendar year The privilege shall only exist, however, after the written permrssron has been obtained from the ACC, or its authorized representative An Owner that stores a recreattonal vehrcle off-site may park the vehicle on the driveway or other unscreened area for twenty-four (24) hours for [he purpose of preparing for departure or upon return to facilitate preparatron and return from travel Section 10 30 Renarr of Vehrcles or Equipment No reparr or dismantling of any automobile, motorcycle, other vehrcle or equrpment shall be permrtted on the Property, except wrthin enclosed garage whrch are kept closed No mechamcal reparrs shall be conducted upon the premrses, except minor maintenance and mechamcal work by an Owner on Bard Owner's private vehrcle, provrded that any such conduct be in a manner which rs not offensrve to persons resrdmg m the Plat, rs not unsrghtly, does not result m unusual Horse or debris being placed upon the Property and rs m keeping wrth a first-class resrdenhal commumty Section 10 31 Uhhty Lines, Radro and Televrsron Antennas and Drshes All elecmcal servrce, telephone lines and other outdoor utility fines shall be placed underground No exposed or exterior radro or televrsron transmrssron or recervrng antennas or drshes shall be erected, placed, or maintained on any part of a Lot rf they are vrsrble from any street unless rt rs approved m advance m writing by the ACC prior to installation or constructron Any warver of these restnctrons shall not constitute a warver as to other Lots or fines, antennas or drshes Section 10 32 Frreanns and Frreworks No firearms or fireworks of any kind shall be drscharged wrthrn the Plat Section 10 33 Drrt Brkes and/or ATVs No unlicensed motor vehicles, including motorcycles, dut bikes, motor scooters, ATVs, etc ,shall be permitted on any road wrthrn the Plat, nor shall dirt bikes or ATVs be permitted to operate on any Lot within the Plat ARTICLE XI INSURANCE REQUIREMENTS The Association shall continuously maintain m effect such casualty, flood and liability insurance and/or fidelity bonds needed to meet the insurance and fidelity bond requirements, rf any, for a planned umt development project established by Federal National Mortgage Assocratron, Federal [JOHN'S MEADOWS CC&RS 09 05 071 19 4073579 Page 21 of 30 ©hu~slo~OCoun LYr WashingtonCovenan[ i `MICHR`E`L` MRIISTR``O`l I1 llll1l1l ` I I II II III 1 IlllllllllllllllllllllllllllllllVIII1111lllllllllllllllllllllVIIIVIIIIIIIIIIIIIIIIIIIUIIIIIUI J _ - - Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association, so long as any of them are a mortgagee or Owner of a Lot within the protect, except to the extent such coverage is not available or has been waived m witting by Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Veterans Administration, and Government National Mortgage Association ARTICLE XII DAMAGE OR DESTRUCTION Seaton 12 1 In the event of damage or destruction to all or part of the Common Areas, the insurance proceeds, if sufficient, shall be applied to repay, reconstruct or rebuild the damaged andfor destroyed Common Areas in accordance with the ongmal plans Such repay, reconstruction or rebuilding shall be arranged for promptly by the Board Section 12 2 If the insurance proceeds are insufficient to pay for the cost to repair the Common Areas, the Board shall promptly, but m no event later than ninety (90) days after the date of damage or destruction, give nonce to and conduct a special meeting of the Owners to review the proposed repass, replacement, and reconstruction, as well as the projected cost of such repass, replacement or reconstruction The Owners shall be deemed to have approved the proposed repass, replacement, and reconstruction as proposed by the Board at that meeting, unless the Owners decide by an affirmative vote of fifry-one percent (51%) of the total votes cast at such meeting (provided a quorum exists), to repair, replace, or reconstruct any portion of the Common Areas in accordance with the ongmal plan m a different manner than that proposed by the Board In any case, however, use of hazard insisance proceeds for other than repay, replacement, or reconstruction of any portion of the Common Areas m accordance with the ongmal plans shall not be permitted without the pnor wntten approval of at least sixty-seven percent (67%} of the Fsst Mortgagees (based on one (1) vote for each First Mortgage owned) or Owners (if there is no Fsst Mortgage on thaC Lot) of the Lots ARTICLE XIII CONDEMNATION In the event of a partial condemnation of the Common Areas, the proceeds shall be used to restore the remaining Common Areas, and any balance remaining shall be retained by the Association In the highly unlikely event that the entse Common Area is taken or condemned, or sold, or otherwise disposed of m lieu of or m avoidance thereof, the condemnation award shall remain m the Association as additional working capital No proceeds received by the Association as the result of any condemnation shall be distnbuted to any Owner or to any other party m derogation of the tights of the Fust Mortgagee of any Lot ARTICLE XIV MORTGAGEES' PROTECTION Section 14 1 As used m this Declaration (a) "mortgagee" includes the beneficiary of a deed of trust, a secured party, or other holder of a secunty interest, (b) "foreclosure" includes a notice and sale proceeding pursuant to a deed of trust or sale on default under a secunty agreement, and (c) "institutional holder" means a mortgagee which is a bank or savings and loan association or established Mortgage company, or other entity chartered under federal or state laws, any corporation or insurance company, or any federal or state agency Section 14 2 The pnor wntten approval o£ at least seventy-five (75) percent of the Fsst Mortgagees (based on one vote for each first Mortgage owned) of the individual Lots shall be reqused for each of the following. [JOHN'S MEADOWS CC&RS 09 05 071 20 _ __ _ 4073579 _ - - ~-- _- page 22 of 30 - 04/09l2009 ©3 41 PM Covenant Thurston County Washington MICHREL MRSTRO (IIIIIII IIIIIIIII VIIIIIII IIIIII VIII IIII IIIIIII IIIIIIIIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII (a) Any material amendment to this Declaration or to the Articles of Incorporation or Bylaws of the Association, including, but not limited to, any amendment which would change the ownership interests of the Owners in the Plat, change the pro rata interest or obligation of any individual Owner for the purpose of levying assessments or charges or for allocating distributions of hazard insurance proceeds or condemnation awards, (b) The effectuation of any decision by the Association to terminate professional management and assume self-management (however this shall not be deemed or construed to require professional management), (c) Partitioning or subdividing any Lot, (d) Any act or omission seeking to abandon, partition, subdivide, encumber, sell or transfer any portion of the Common Areas, provided, however, that the granting of easements for public utilities or other public purposes consistent with the intended use of the Common Areas shall not be deemed a transfer within the meaning of this clause, (e) Any act or omission seeking to change, waive or abandon any scheme of regulations or enforcement thereof, pertaining to the architectural design or the exterior appearance of buildings and other improvements, the maintenance of common areas, landscaping, perimeter fencing, or to the upkeep of lawns and plantings on the Property, (f) Any act or omission whereby the Association fails to mazntain fire and extended coverage on insurable Common Areas or commonly owned property on a current replacement cost basis m an amount not less than one-hundred percent (100%) of the tsurable value (based on current replacement costs), and (g) Uso of hazard insurance proceeds for losses to any common property for other than the repair, replacement or reconstruction of such damaged or destroyed Common Areas Section 14 3 Each First Mortgagee (as well as each Owner) shall be entitled to timely written notice of (a) Any significant damage or destruction to the Common Areas, (b) Any condemnation or eminent domain proceeding effecting the Common Areas, (c) Any default under this Declaration or the Articles of Incorporation or Bylaws which gives rise to a course of action against the Owner of a Lot subject to the mortgage of such institutional holder or insurer, where the default has not been cured in thirty (30) days, and (d) Any material amendment of this Declaration or to the Articles of Incorporation or Bylaws of the Association Section ]4 4 Each First Mortgagee shall be entitled, upon request, to (a) Inspect the books and records of the Association during normal business hours, (b) Require the preparation of, at its sole expense, and, if preparation is so required, receive an annual audited financial statement of the Association for the immediately preceding fiscal year, except that such statement need not be furnished earlier than ninety (90) days following the end of such fiscal year, and (c) Receive written notice of all meetings of the Association and be permitted to designate a representative to attend all such meetings [JOHN'S MEADOWS CC&RS 09 05 07) 21 _ _ __ . _ _ --~ 4073579 Page 23 of 30 Oq/p9 /2009 03 41 P% Covenant MIGHPELnMRSTROY Wash ~n9[on I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII Section l4 5 First Mortgagees of any Lot may, Iomtly or singly, pay taxes or other charges which are in default and which may or have become a charge against the Common Areas, and may pay overdue premmms on hazard insurance policies, or secure new hazard insurance coverage on the lapse of a policy, for such Common Areas, and the Frrst Mortgagees making such payments shall be owed Immediate reimbursement therefor from the Association ARTICLE XV GENERAL PROVISIONS Section 15 1 Binding Effect All present and future Owners and/or occupants of Lots shall be subject to and shall comply with the provisions of this Declaration, and the Bylaws and rules and regulations of the Association, as they may be amended from time to time The acceptance of a deed or conveyance and/or the entering into occupancy of any Lot shall constitute an agreement that the provisions of this Declaration, the Articles of Incorporation, the Bylaws, and rules and regulations of the Association, as they may be amended from time to time, are accepted and ratified by such Owner or occupant, and all such provisions shall be deemed and taken to the covenants ninning with the land and shall bind any person having at any time any interest or estate in such Lot, as though such provisions were recited and stipulated at length m each and every deed, conveyance, rental agreement or lease thereof Section 15 2 Enforcement The Declarant, Association and any Owner shall have the tight to enforce, by any proceedings at law or m egmty, all restrictions, conditions, covenants, reservations, hens and charges now or hereafter imposed by the provisions of this Declaranon Should the Declarant, Association or any Owner employ counsel to enforce any of the foregoing covenants, conditions, reservations, or restrictions, all costs incurred m such enforcement, including a reasonable fee for counsel, shall be paid by the party found to be (a) In violation of said condition, covenant, reservation, restriction or any provision of this Declaration, or (b) Delinquent in the payment of said hen or charge Section 15 3 Failure to Enforce No delay or omission on the part of the Declarant, Association or the Owners of Lots m exercising any rights, power, or remedy provided In this Declaranon shall be construed as a waiver of or acquiescence m any breach of the covenants, conditions, reservations, or restrictions set forth m the Declaranon No action shall be brought or maintained by anyone whatsoever against the Declarant for or on account of its failure to bring any action for any breach of these covenants, conditions, reservations, or resmchons, or for imposing restrictions which may be unenforceable Section 15 4 Severabihty Invalidation of any one of these covenants or restrictions by Iudgment or court order shall not affect any other provision included m this Declaration which shall remain m full force and effect Section 15 5 Interoretahon In interpreting this Declaranon, the term "person" may include natural persons, partnerships, limited liability companies, corporations, associations, and personal representatives The singular may also include the plural and the masculine may include the feminine, or vise versa, where the context so admits or requires Tlus Declaration shall be liberally construed m favor of the party seelang to enforce ds provisions to effectuate the purpose of protecting and enhancing the value, marketabihtg and desirability of the Property by providing a common plan for the development of the Plat Section 15 6 Amendment The covenants and restrictions of this Declaranon shall run with and bind the land, for a term of twenty (20) years from the date this Declaration is recorded, after [JOHN'S MEADOWS CC&RS 09 OS 07J ZZ 4073579 Page 24 of 30 04/09/2009 03 41 PM Covenant MIOHRELnMR9TR0Y Washington (IIIIIII (IIIIIII VIIIIIIIIIIII VIIIII IIIIIII IIIIII (IIIIIII VIII VIII IIIIIII IIIVIII VIII IIII IIII - which time they shall be automatically extended for successive periods of ten (10) years This Declaration may be amended at any rime by a vote of seventy-five percent (75%) of the Members subject to the limitations set forth in this Declaration (e g , Sections 15 7 and 15 8, etc) Any amendment must be to writing, signed by the approving Members or Owners, and pnor to its effectiveness, must be recorded with the Thurston County Auditor's office Section 15 7 Power of Declarant to Amend to Meet Financin¢ Requirements Notwithstanding anything in this Declaration to the contrary, Declarant may without the consent of any Owner, at any time pnor to the time it has sold and closed seventy-five (75%) percent of the Lots, amend this Declaration by an instrument signed by Declarant alone m order to satisfy the requirements of the Federal Mortgage Agencies Section 15 8 Certain Rielits of Declarant For such tune as Declarant shall own Lots [here shall be no amendments to the Declaration, the Articles of Incorporation, the Bylaws of the Association, or any Rules and Regulations adopted by the Association which (a) Discriminate or tend to discriminate against the Declarant's rights as an Owner (b) Change Article I ("Definitions") in a manner that alters Declarant's rights or status (c) Alter the character and rights of membership or the rights of Declarant as set forth m Article IV (d) Alter previously recorded or written agreements with public or quasi-public agencies regarding John's Meadow (e) Alter Article VII, Sections 7 4, 7 5, 7 6 or 7 7, (f) Alter its rights as set forth m Articles VIII and IX relating to architectural controls (g) Alter tho basis for Assessments (h) Alter the provisions of the use restrictions as set forth in Article X (i) Alter the number or selection of Directors as established m the Bylaws O) Alter the Declarant's rights as they appear under thus Article ITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of September, 2008 Michael R Mastro nda A Mastro Date °"~ Date `I~~~Og [JOHN'S MEADOWS CC&RS 09 OS 07J 23 ' 4073579 Page 25 of 30 04/09/2009 03 41 PM Covenant Thurston Countv Washington M ICHREL MPSTRO I IIIIIII III IIIIII VIII IIII IIIIII VIII IIII IIIIIII IIIIII IIII IIII VIII VIII IIIIIII III VIII VIII IIII IIII STATE OF WASHINGTON ) )ss COiJNTY OF KING ) On this day personally appeared before me MICHAEL R MASTRO to me known [o be [he indrvrdual described m and who executed the wlthin and foregoing instrument, and acknowledged that he srgned the same as their free and voluntary ac[ and deed, for the uses and purposes therein mentioned GIVEN under my hand and officral seal this ~jday of September, 2008 Notary Stamp t,' ~QTA dv mac., _~Cs~~, Type/Pnnt Name Notary Public for the Resrdmg at My appointment expves _ of Washington COUN'T'Y OF KING )ss On thrs day personally appeared before me LINDA A MASTRO to me known to be the mdrvrdual described m and who executed the wrthm and foregoing instrument, and acknowledged that she srgned the same as then free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN unhand and officlal seal dus d~day of September, 2008 Notary ~®'r~~l,~; ~ t vcyU-flu ~-o.~ ~IBL~c~ S]~i Tvpe/PnntName Notary Public d for Resrdmg at My appointment expires [JOHN'S MEADOWS CC&RS 090507) Z¢ __ ~ ___ 4073579 Page 26 of 30 04/09/2009 03 41 PM Covenant Thurston County Washi n5ton M [GHREL MR9TR0 IIIIIIIIIIIIIIIIIVIIIIIIIIIIIIIVIIIIIIIIIIIIIIIIIIIIIIIIIIIIVIIIVIIIIIIIIIIIIIVIIIVIIIIIIIIIII Exhibit List Exhibit "A" Legal Description for John's Meadow Exhibit "B" Development Plan for John's Meadow Exhibit "C" Legal Description of Common Areas [JOHN'SMEADOWS CC&R'S 09 05 07] 2S - _ ~ _ ~_J _ _ _ . _ _ ___ _ _\ 4073579 Page 27 of 30 04/09/2009 03 41 PM Covenant Thurston County Washington MICHPEL MPSTRO EXHIBIT "A--" LEGAL DESCRIPTION FOR 7OHN'S MEADOW LOTS 1 THROUGH 50, INCLUSIVE, AND TRACT A, B, C, AND D OF THE PLAT OF 7OHN'S MEADOW AS RECORDED UNDER THURSTON COUNTY AUDITOR'S FQ,E NO SITUATE IN THE COUNTY OF THURSTON, STATE OF WASHINGTON [JOHN'S MEAOOW S CC&RS 09 05 07J 26 ~ 4073579 - --~ - ~ Pa9e 28 of 30 04/09/2009 D3 41 PM Covenant Thurston County Washington MICHREL MRSTRO __ -~ Exhibit B JOHN'S MEADOW A PORTION OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M CITY OF YELM. THURSTON COUNTY, WASHINGTON / - - _ ~ _ _ MIDDLE RD _ ~ 0 200' SCALE 1" = 200' 8770 TALLON LANE N E LACEY, WASHINGTON 98516 P 360 459 3609 F 360 q59 0154 www paremetnz com ~ 4073579 Page 29 of 30 04/09/2009 03 41 PM Covenant Thurston County Wash ingl on MICHREL MRSTRO IIIIIIIIVIIII IIIIII VIII IIII IIIIIII IIIIII IIVIIVI IIIIIII III VIIIV IIII IIII P \LDT\LDT2004Survey\5269Johnsmeadows_SV\dwg\OW269002SV-FICA dwg 242-5269-001 EXHIBIT "C" LEGAL DESCRIPTION FOR COMMON AREA TRACTS TO BE OWNED AND MAINTAINED BY THE JOHN'S MEADOW HOMEOWNERS ASSOCIATION TRACT A, TRACT B AND TRACT C OF THE PLAT OF JOHN'S MEADOW AS RECORDED UNDER THURSTON COUNTY AUDITOR'S Ft1.E NO ,i [JOHN'S MEADOWS CC8RS 090507] 28 4073579 ~ Page 30 of 30 04/09/2009 03 41 PM Covenant Thurston Counly Washington ' (IIIIIII IIII VIII IIIIIV IIIIII IIIIII IIII VIIIVIIIIIII IVIIIV IIII IIII SCA~9® ~~ '-~ ~) f Date: ~ ..~- -~-~m Community Development `~_~ Department Y-YE M-' FINAL PLAT APPLICATION e~,ua~ow E~F~ QED Fee $750 00 ~`~~ j p X07 (In adddion, anv professional service charges per Resolution #358) APPOINTMENT REQUIRED FOR A~,P/P~LICATION SUBMITTAL -Please call 458-3835 SubdlvlslonName ~O!-( Nr~ /Uf~r4'>~/'iA) Case # and Name of Preliminary Plat Approval c J (~ ~> -Ol-~- 0 ~ ~ ~ ILL Tax Parcel Number(s) ~-I ~~~~~L~7~~ SUBDIVIDER ~ l JGH~)'EL ~Jf~:S'Tfl(J Name ti-~~ ;~N~~ 14~E S Address S~~E. ~A 9g/~f~ SURVEYOR Y~ 7~L14-112 1~n I GCSE- I~~/L1-+~1 Er~c)C Name 8770 rHU_oy LA-n1E N~ Address ~'~5~) 539-r~ai~ Phone Fax E-mad PROPERTY OWNER(S) Ski-wtc,4S ~i.t3f>>yfl~ Name Address Phone Fax E-mall P ne Fax EE-MaI~- ENGINEER ' I ;~ ~JIN GfDc.c.S~ - 1~,~/L~tN~Ti2-like Name S~t-m c ~ Su-t2 t ~~n12 Address Phone Fax ~,la1~uSP. ~ i~ara~.~,P h~~x.Cc~t~ E-Mad LAND USE BREAKDOWN (Calculate [o [he Nearest Hundredth) Total Acreage ~ G~ ~ ~ Number of Single Family Residential Lots G-r ~ ~ Number o(Mulafamily Residential Lo[s Number of Commercial Lols Number of Industnal Lots ~~ Smallest Lot Area ~!~ ~' ;L7 ~j,~ Average Lot Area 5G~ ~`f $/- Total Acreage in Open Space 8 .4 I A Fee in Lieu of Open Space Length m Public Slreels ,' ' n ~ ~ Total Acreage m Public Slreels Z. LS $ al Length in Pnvate SVeels "- Total Acreage in Pnvale SUeets All of the Information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the appllcatlon 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 far their consideration 705 Ye(m Auenue West (360) 958-4835 PO Box 979 (360) 458-3199 FAX Ye[ny WA 98597 www cc yelm ma us YELM CONIlVIUNd'Z'X SCAOQLS YYhere all students can learn and grow Erlins Birkland Director of Facilities January 26, 2006 Mr. Grant Beck Community Development Directox City o£Xelm 1~0 Box 478 Yelm, Washington 98597 RE: SUB-04.0176•~'I• Griffin Subdivision Dear Mr. Giant: Yelm Communuty Schools requires mitigation agreements £or all subdivisions. Please include the instigation provision as part o£ the SEPA requirements. Should you have any questions please call me at 455-6] 28, Sincerely, ~- Er . ] u~kla F 'li(ties Direct Xelm Community Schools YF7,M ~prtl.4iinrrTyS .HOOL9L N ,Q f i OPPO T ~*^TYgMPl y~Y~tk/~_FOLLnWR'f1T}. SX POTTfRxu h i07 Flret 9tlraat NoRh, P 0 Box 478, Yalm, Weelnngcon 98687, (88D) 468.6198, FAX (B80) 488 848d [l0/600 d 4£49 854 096 S~IZI1I~Vu Yid LI £0 [1H,L LOOZ-9l-9Iltl ' ~i1i9J~ .S%,V° A' ~ " ctrl ~ YELM COMMTJ7~'lTX SCHOOLS _ Where all stzrdents can learn and grow Erlina Bukland Director of Facilities March 24, 2005 Mr Grant Beck Communty Development Director City of Yelm PO Sox 479 Yelm(, Washington 98597 RE: SEPA #0176 Freestone DFF Yelm II LLC Deax Mr. Graxit• Yelm Community Schools requires mitigation agreements for all subdivisions. Pleaae include tb.e mitigation provision. as part of the SEPA requirements. Shculd you have ar>,y questions please call me at 458-6726. Sincerely, ~ E ri~I. lazzd y acilities Director Yelm Community Schools 9*'.~!~*AMb4T1N['P48C800 ~i5 tvj~'g7T.OPPOR'~7TNT'I`YFMnT nygR nm FOLIJWBTI'!'T.RTX RR41T i67 PSxst BOxsoS North, P 0 Box 476, Yalm, Washington 98697, (86(~ 668.6ixB, FA]C (866) 958.8484 I10/900 d 6~b9 8~6 096 S~i1,ITI~~d Pid 9i ~0 IlHJ LOOZ-9i-9IlV ~ ~ Date:--~yI-I, RECEIVED HEARINGS EXAMINER CASE No SUB-04-0175-YL JOHN'S MEADOWS PRELIMINARY SUBDIVISION MAY 1 b 2007 Hearin s Examiner Condition How Condition Is Met 1 Those corner lots specified below shall place The ciwl drawings do not show proposed driveways and fronts of houses as follows driveway and house locations The conditions Lot 1 -Driveway faces Road B, house fronts of approval have been added to the plan set Road B This will be speafically addressed at the time Lot 9 -Driveway faces Road B, house fronts of the building permit for each home Road B Lot 12 - Drveway faces Road A, house fronts Road A Lot 27 -Driveway faces Road A, house fronts Road A Lot 28 -Driveway faces Road B Cul-de-Sac, house fronts Road B Cul-de-Sac 2 The applicant shall provide specific fencing These restrictions will be added to the final plat restrictions for lot 28 in the Covenants and and the CC&R's Restrictions for the Homeowner's Association, and on the face of the final plat, to provide for adequate site distance 3 The South half of Middle Road shall be The attached civil drawings proposed the improved to City Standards for a Neighborhood improvements along Middle Road as Collector from the northwest property line to the described Southeast property line, including the road frontage for the lot with the existing single family residence, created by BLA-04-0099-YL Additional right-of- way may be regwred for the frontage im rovements 4 internal streets within the subdivision will be All proposed internal streets meet this constructed per Yelm Development Guidelines for requirement "Local Access Residential" 5 Internal Road B shall connect to the subdivision The proposed connection to the adjacent to the West Applicant shall insure that road subdivision has been shown Road C has elevations are met prior to civil plan submittal been revised to meet City of Yelm cul-de-sac Internal Road C shall meet City of Yelm cul-de-sac requirements desi n re uirements 6 The design of the entrance to Road A into the The entrance has been designed with 35 foot plat shall provide for a minimum 35-foot radius, and radii ma re wre additional ri ht of wa 7 The applicant shall mitigate transportation This will be addressed when building permits impacts based on the new peak P M trips for the homes are sought generated by the project The Transportation Facility Charge (TFC) shall be based on 1 01 new peak PM trips per single family dwelling, payable at time of buildin ermit issuance 8 The applicant shall protect the Flood Hazard A note has been added to the TESC plan Zone area, by assuring that encroachments shall indicating that the contractor is to provide a not result in any increase flood levels The flood protective fence during construction to prevent zone hazard area, and Shoreline jurisdiction area encroachment shall be dedicated as open space Protective fencing shall be installed at the flood zone area durin all construction 9 Tract D, the shoreline jurisdiction area shall be This dedication will be completed at Final Plat dedicated to the Cit of Yelm Page 1 of 3 Hearin s Examiner Condition How Condrtwn Is Met 10 An easement through Tract A to allow the City Included on Face of Plat of Yelm access to the plat shoreline area Tract D shall be created and recorded on the face of the lat 11 The applicant shall provide pedestrian access A 15 foot wide access has been provided to the to the dedicated o ens ace o en s ace 12 Each dwelling unit with the subdivision shall The civil plans show a connection to the public connect to the Cit water system The connection water system for each lot Fees will be fee and meter fee will be established at the time of addressed at the time of individual building buddin ermit issuance ermd issuance 13 All conditions for cross connection control as The design of the water system is per City of re uired in Section 246-290-490 WAC Yelm Develo ment Gwdelines 14 The applicant shall pay the latecomer fee This will be paid at the time of connection assocated with the water line at the time of connection 15 All planting strips and required landscaping not The landscaping and irrigation plans were located within 75 feat of a hose spigot shall be submitted previously Irrigation has been served by an irrigation system with a separate provided for the stormwater faalities and the water meter and an approved backflow prevention Middle Road frontage All other planting areas device The applicant shall submit a final will be within 75 feet of a hose spigot landscape and irrigation plan at the time of civil Ian submission 16 Each dwelling within the subdivision shall The avil plans show a connection to the connect to the City S T E P sewer system The STEP sewer system for each lot Fees will connection fee and inspection fee will be be addressed at the time of individual building established at the time of buildin ermit issuance ermit issuance 17 The applicant shall pay the latecomer fee This will be paid at the time of connection associated with the existing sewer line at the time of connection 18 The applicant shall design and construct all The stormwater facilities have been designed stormwater facilities in accordance with the 1992 per the 1992 DOE stormwater Manual The DOE stormwater Manual, as adopted by the City of pond has been designed to meet all setback Yelm Best Management Practices (BMP's) are requirements requred during construction A 10-foot setback from all property lines and easements are required for stormwater facilities 19 The applicant shall prepare a final stormwater This has been provided plan to meet high ground water issues The plan shall be submitted with the civil engineering plans and shall include an operation and maintenance Ian 20 Within building setback areas for lots 42-50, all A note has been added to the plans indicating fill material shall be structural fill as per IBC/IRC this R401 2 21 All roof drain runoff shall be infiltrated on each A note has been added to the plans indicating lot utilizin individual dr wells this 22 The stormwater system shall be held in The Homeowner's Agreement will include common by the Homeowner's Association The these requirements Homeowner's Agreement shall include provisions for the assessment of fees against individual lot owners for the maintenance and repair of the stormwater facilities 23 The applicant shall submit a fire hydrant plan Hydrant locations are shown on the water plan to the Communit Develo ment De artment for and have been submitted as art of the civil Page 2 of 3 Hearn s Examiner Condition How Condition Is Met review and approval as part of the croil engineering engineering plan set tans rior to final subdivision a royal 24 The applicant shall submit fire flow calculations Flow needs are coordinated directly by the for all existing and proposed hydrants All hydrants City All hydrants are per City standards must meet minimum Cit standards 25 The applicant shall be responsible for the Hydrant locks will be acquired and installed installation of hydrant locks on all hydrants requred during protect construction and installed as part of this development The applicant shall coordinate with the Yelm Public Works Department to purchase and install required hydrant locks Hydrant lock details shall be included in Ciwl Plan Submission 26 Street lighting and interior street lighting will be Alighting plan has been provided regwred Civil plan submittal shall include a li htin desi n Ian for review and a royal 27 Prior to the submission final plat application, Completed and addresses are shown on the the applicant will provide the Community face of the final plat Development Department an addressing map for a royal 28 The applicant shall comply with the mitigation These conditions have been met requirements of the MDNS issued on March 21, 2005 29 The applicant shall submit a final landscaping A landscaping and irrigation plan have been and irrigation plan with the civil engineering plans submitted to include the perimeter of the protect site, planter stri s, and stormwater faalities 30 The applicant shall provide a performance This has been provided assurance dewce in order to provide for maintenance of the required landscaping until the tenant or homeowner's assoaation becomes responsible for landscaping maintenance The performance assurance dewce shall be 150 percent of the antiapated cost to maintain the landsca in for three ears C U t~ O~l/1 ~ /6~'S ~ ~IroU~ r~P~C ~ ii"~i'r1.(~/1 Page 3 of 3 ~- ZONE pE -~ZpNE X I ~.~_J I L a~""~~ CITY OF '' ~ ,;;,,,>~~:;_,~,; .;.,~ .;i~::., . •, ' ~ , , - ~ ~ ' : , /,r -., ~. '. ~ - ® S , , PO Box 479. ,velm,wnsass7 ~ i ` - .ham .. .~ -' RECEIPT No.r5,O1'4Z.,,~; ,; '•r '•' :;`'•~?";, ., , ` 360-458-3244 , ; ; c,, ` ~ ~ """ . - ~ , ~' - - ' ~ RECEIVED ' f ~ . - ? : , .. - ~ ," . ' <,; s ~ ~ ' ... ONE:THOUSAND EIGHT HUNDRED DOLLARS & 00 CENTS; ,, , , , , ' " RECEIVED FROM ~ ~, ' ~ ` ~ DATE ' • ~REC NO X .AMOUNT , REF NO . HICHAEI:; R. MASTRO PROPERTIES 09/04/07, ' 50142 ~'` ~. "~ 1,800.00 CHECK 100058 , 510 RAINIER-•AVE S •'. ~ ~ ~ ' .. _ ' SEATTLE, WA 98144 ' - BUDGETARY • ~ : ' * •;- ., - ~ .`~ ' - DIANA ~ ' MICHAEL R MASTRO PROPERTIES DISBURSEMENT ACCOUNT JO JOHNS MEADOWS CITYE CITY OF YELM USB -Havre Disbursement 8.21.07 $1800.00 08/2212007 100058 100058 $1800 00 1 „~=~GE010/IATICS ~?~~S~Z~~LAND SURVEYING ©2000 PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 360-400-LAND ~szs3~ FAX 360-400-5264 January 16, 2009 City of Yelm Communrty Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re• Tlurd Review and Comment for the Plat of John's Meadow Case No SUB-04-0175-YL Geomatics' Job No 1561 Dear Mr Beck• I have completed my thud revrew of the abovementioned plat Attached, please find an onginal copy of the revised map, sheets 1 - 4, with my "red-line" comments These "red- lines" request addrt~onal information and/or edits I have also included an onginal copy of the closure report for the lots, tracts and road dedication The dimensions as shown on the revised plat, are consistent with those calculated on the provided closure reports. I will not require a forth review, as long as you or one of your assistants verify that our requested additional information and/or edits are completed Please contact me if you have any questions or if you desire additional services I have enclosed Invorce #799 for the amount due of $100 00 for professional servrces rendered Thank you for allowing Geomatics, P.S., Inc to provide this professional service. Sincerely, Geomatics, P.S., Inc. ~2./3~ Dennis Baker, PLS Director drb@geomaticslandsurveymg.com www.geomatialandsurveymg.com Geomatics Lanc9 Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To Ctty of Yelm Community Development Department Gram Beck, D+cector PO Box 479 Yelm, WA 98597 Invoice Date Invoice # (/16/2009 799 P O No Terms Geomatics No Due on recetp[ 1561 Item Description Hours Rate Amount Peer Review Thtrd Revtew and Comment for John's Meadow SUB-04-0175-YL 1 100 00 100 00 Please call if you have any questions or ~f yuu need addthonal service Thank you for your business Total $loooo Payments/Credits ~ooo Balance Due $10000 Phone # Fax # E-mail Web Site (360) 400-5263 (360) 400-5264 drb@gcomahcslandsurveymg coin www geomahcslandsurveymg coin 1 [B+~yA~U'G~t f 0 2007 p+ , b THURSTON COUNTY pate: ~ °~ KIM WYMAN 5,,,~,esZ AUDITOR SIT ~1I~ ~.~~.~°TI~~ G~~TI~°Y~T~ ,~~ Issued to: Malinda Wilhelmi Parametrix 8770 Tallon Lane NE Lacey, WA 98516-6641 Date: August 8th, 2007 The Plat name, John's Meadow, has been reserved for future use by Parametrix. 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 reservation will expire on August 8th, 2008, 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. ~~ Spencer Ryan Recording & Licensing Specialist III Please present this certificate at the time of recording. 2000 Lakendge Dnve SW, Olympia, Washington 98502-6090 (360) 786.5224 ~~ FAX (360) 786.5223 E-mad auditor®co thurston wa us Recycled Paper JRN-06-2009 16:56 From: Pase: 1~4 ~~t'~~''~ STATES OF ~e ~ta~ A1yr,Rj~' 9 ~a~~jington jtate 1, tiAM REL~'ll, Secretary of State of the Sktte of WasMnlRon and eusKOdtan of tts scat, horeby usuc this CERTIFICATE OF INCORPORATION to JOHN'S MEADOW HOMEOWNERS ASSOCIATION ~/an WA Non-Profit Corporation Charter documcnl5 are effeclive on the ds~te indicated below Date 12/30/20pR UBI Numbcr. 602-RR7-712 APYIll 1332353 Crven under my hand end the Seel of the Sync of Wdshtngton at Olympia. the State ('aprlel (^i/! L~~ Cam RitiYl Sccretar7 of Cwte Page 1 of 1 Nisha Box From: Tom Kressm [Kressit@co thurston wa us] Sent Thursday, April 02, 2009 2 32 PM To• Nisha Box Subject: Map question Hi Nisha Spencer passed your message along to me and said you were iookmg to confirm what we discussed yesterday Here you go: With the first notary seal being illegible and covering some of the text on the map, we would either need it to be removed or completely blacked out (the two options we came up with yesterday). Also, any of the text that is obscured by the seal would need to be rewritten elsewhere And, it sounded like you were going to have the notary re-stamp the map in the blank area to the left. Just be sure to have her be careful with the amount of ink on her stamp since that's what caused the legibility problem originally. The other notary seal (for Donna Reid) just needed to have her name darkened in order to make it legible and any text being obscured by the seal needed to be written elsewhere. I believe these were the items we discussed and if you have any other questions, please feel free to call men Tom Tom Kressm Licensing/Recording Speaalist II Thurston County Auditor 360-786-5405 4/7/2009 Puyallup Canyon Road Office 11515 Canyon Raad E Ste A Puyallup, WA 98373 April 2, 2009 Ms Llsa Florio Washington Trust Bank 601 Union Street, Suite 4747 Seattle, Washington 98101 Re Smudged Notary Seal/Final Plat of John's Meadows Dear Ms Florlo, You will find enclosed a page one mylar for the final plat of John's Meadows in Yelm, Washington Upon presentment of this document, the Thurston County Auditor's office refused to record the final plat on the bases that your notary seal was "smudged and illegible " I have enclosed a reduced version in black and white of this in which I have identified the area (x) that we would like you to apply a very legible representation of your seal Please try to locate it so it does not overlap with any text in that area above or to each side and if possible, do you best to retain the bottom portion of your seal within the lower border area Upon your completion of this, would you please be so kind as to carefully overnight this mylar via Federal Express or UPS or equivalent company to the following planner with the City of Yelm City of Yelm Attn Nisha Box 105 Yelm Ave W Yelm, WA 98597 '~ Upon her receipt of the revised and legible mylar, she will reschedule our meeting in Thurston county so that this plat can receive final approval Thank you very much for your continuing assistance Should you have any questions, please do not hesitate to contact me at limse@lohnlscott com Very truly yours, John L Scott PCR Jim Selden JPS/sm Enc ~~ ~.-o~. C'~~ ~ /.~i~~y a O"~' ~~~~~~~ T Cie . Office (253) 536-5600.Offlce Fax (253) 536-7808 • Email puyallupcanyonrdQlohnlscottcnm • We6site wwwlohnlscott com/puyallupcanyonrd THIS OFFICE INDEPENDENTLY OWNED & OPEBATEC • Jahn L Scott PCP • Puyallup Canyon Road Office Fend your HOME an ~9ohn~.£cofl~~«*r ,~ 1' Nisha Box From Florio, Lisa [LFlorio@watrust com] Sent. Monday, April 06, 2009 1 50 PM To• Jim Selden Subtect RE St John's Meadows Plat I called Tara, the supervisor in the Thurston County Auditor's office and she authorized me to stamp the outside margin My notary seal is self-inking but I blotted it and then stamped the seal with permanent ink, which they suggested, and am hoping it will work I'm waiting for it to dry and will send off today I surely hope this will be the solution Thanks, Jim Lisa -----Original Message----- From Jim Selden [mailto Jimse@canyon johnlscott com] Sent Monday, April 06, 2009 1 38 PM To Florio, Lisa Cc KEVIN HOUSE Subject RE St John's Meadows Plat Hi Lisa, Thank you for your email The county will not accept an attachment We will likely now need to have a new mylar prepared by our engineer at Parametrix Gust page 1) and be sent to you However if there another Notary in your office with another stamp or ink formats Perhaps Donna Reid from Mr Mastro's office could notarize Scott's signatures We need to have all signatures and natary stamps clear and legible or the Thurston County Auditor will not accept I will email Kevin House at Parametrix now for his input on a solution We have bwlding permits ready to be issued but they will until the plat is recorded Your assistance is greatly appreciated Thank you -----Original Message----- From "Florio, Lisa" <LFlorio@watrust com> To "jimse@johnlscott com" <jimse@johniscott com> Sent 4/6/09 11 51 AM Subject St John's Meadows Plat Jim, I have tried to re-notarize the mylar map you sent back to me and for whatever reason, my seal ink smudges the longer it sits on the mylar I stamped it this morning and it looked great I then left it on the credenza for the morning to make sure to dry and when I looked again, it was mostly unreadable I have a call in to the Thurston County Auditor's office to see if I can attach a separate notary page or what else they might suggest Have you ever had this happen and if so, do you have any advice Thanks, :~ Lisa Florio Lisa Florio 601 Union Street I Swte 4747 I Seattle, WA 98101 ( 206) 667-8996 (direct) I (206) 667-8989 (main) I (206) 206-667-8980 ( fax) Iflorio@watrust com This electronic mail message and any attachments may contain confidential or privileged information and is intended for use solely by the above-referenced recipient Any review, copying, punting, disclosure, distrbution, or other use by any other person or entity is strictly prohibited under applicable law If you are not the named recipient, or believe you have received this message in error, please immediately notify the sender by replying to this message and delete the copy you received This electronic mail message and any attachments may contain confidential or privileged information and is intended for use solely by the above-referenced recipient Any review, copying, printing, disclosure, distribution, or other use by any other person or entity is strictly prohibited under applicable law If you are not the named recipient, or believe you have received this message in error, please immediately notify the sender by replying to this message and delete the copy you received Page 1 of 1 Nisha Box From• Susan Drake [Drakes@co thurston via us] Sent Monday, September 10, 2007 9 34 AM To Nisha Box Subject• Review Comments for John's Meadow 1 Sheet 1, Tracts, paragraph 3 'Tract D is hereby dedicated to the City of Yelm This sentence was omitted on revised map Add back 2 Taxes For ali tax-related questions, contact T.C.Treasurer's Office at 786-5550 Susan Drake, Sr Property Control Analyst Property Administration Thurston County Assessor's Office drakes_@co thurston wa_us (360)754-3355 X 6404 (360)754-2958 fax 4/1 /2009 04-0175 Thurston County cmts 011209 From• Susan Drake [Drakes@co.thurston wa us] sent• Monday, January 12, 2009 4:19 PM To: Karen Bennett 5ub)ect: Review comments for: Plat of John's Meadow Follow Up Flag• Follow up Flag Status: Red 1. Sheet 3, Curve Table Add chord bearing to curve table for all non-tangent curves. 2. Sheet 4, got & Tract information• Add city and zip code to map. 3. Sheet 4, got Information, got 33• change square feet on map to 4,596 sq ft, to match the lot closure. 4 In add~t~on to a corrected full-sized blueline copy, please provide a cD of the plat, prior to recording, as follows 1. The boundaries that determine ownership must all be placed in one layer (PROP). 2. The the space must be defined as the wash~ngton state Plane system, South Zone. 3 Road center lines be placed in a separate layer (ROAD). 4. Access easement lines be placed in a separate layer (EASEMENT). 5. Key survey monuments be identified by attributed blocks and also be placed into a separate layer 6. The data be submitted as DwG and DxF files. Susan Drake, sr Property Control Analyst Property Admin~strat~on Thurston County Assessor's office drakes@co.thurston wa us (360) 867-2223 (360) 867-2201 fax Page 1 CITY OF YELIVI 105 Yelm Ave W Yetm, WA 98597 360-458-3244 RECEIPT No.J $ 9 ~ 9 RECE1~/~~,SEVEN THOUSAND ONE HUNDRED SEVENTY FIVE DOLLARS & 42 CENTS RECEIVED FROM MR MASTRO PROPERTIES 510 RAINIER AVE S SEATTLE, WA 98144 DATE REC NO 02/09/09 58999 BUDGETARY MICHELLE AMOUNT REF NO 7,175.42 CHECK 17636 LATECOMER SEWER 3329.73, LATECOMER WATER 3845.69 y ~°F TxEp 4° - ~`'~I~ CYELMF 105 Yelm Ave W Yelm, WA 98597 RECEIPT No. ~ 9 ~ i;) YSLM 360-458-3244 RECEIVED W.'"SEVEN HISNDREII NINETY SEVEN DOLLARS & 27 CENTS RECEIVED FROM MASTRO PROPERTIES 510 RAINIER AVE S SEATTLE WA 98144 DATE REC NO 02/23/09 59108 BUDGETARY MICHELLE AMOUNT REF NO 797.27 CHECK 17914 EWER LATCOMERS FEE JO JOHNS MEADOWS 02/ZO/2009 CITYE CITY OF YELM Cash disbursements -Comm FEE $797.27 LATECOMERS FEE .'~ c„ , . ~~ 17914 $797.27 1 ' ~ `~ ~ak~,~ ~~~~ City ®f Yelrn Community Development Department 105 Yelm Auenne West P.O. Boz 479 Yelm, WA 98597 January 26, 2009 Michael Mastro 510 Rainier Ave S Seattle, WA 98144 Re Third Review Comments for John's Meadows Final Plat Application -SUB-04-0175-YL Dear Mr Mastro The City has completed its second 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 1 Survey review comments In addition to the corrections regwred 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 4 copies of the full size plat and one 11" x 17" copy, RETURN ALL REDLINED COPIES 2 Please address the attached a-mail comments from the Thurston County Assessors Office 3 Please address the minor edits to the following document • Declaration of Covenants, Conditions and Restrictions (see attached) ~~~ n 4 Survey rewew fees in the amount of $500 00 made payable to Geomatics Land Surveying invoice I /i b /2c~f1 ~ dated 9!7!2007 5 Survey rewew fees in the amount of $100 00 made payable to Geomatics Land Surveying invoice dated 1!1612009 6 The approved Final Drainage Report from the civil plan rewew requires that warning signs (e g , "Dump no waste-drains to groundwater') wdl be embossed on or stenaled at all catch basin inlets that drain to surface water or groundwater 7 The title report indica at is a recorded well radws onsite Please show the location of the well and cased final plat 8 The fol ing ecomers fe s need~o be paid prior to City Council • Sewer - $3,329 73 ~~0~~ Water - $3,845 69 C71 9 Pleas bmit two (2) di electronic drawings, one will be given to Thurston County Please submit the revisions as soon as possible When the above items are submitted and approved by the Community Development Department, we will schedule the City Councl meeting If you have any questions, please contact me at (360) 458-8430 S~i~n/cejrel~y, ~® ~J ~ ~~~ Nisha R Box Assistant Planner (360) 958-3835 (350) 458-3744 FAX www.ce yelm wa.ua RE:CE:IV'Ei FEB 0 91009 x7 ~. ~, ,~ ~~~,.~CaEOMATICS ca"+;y~m"'~®~~..~z LAND SURVEYING ©2000 PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave. W. 360-400-LAND Iszbsl FAX 360-400-5264 September 7, 2007 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 II-I(o-07 Re: Second Review and Comment for the Plat of John's Meadow Case No SUB-04-0175-YL Geomatics' Job No.: 1561 Dear Mr Beck: l have completed my second review of the abovementioned plat. Attached, please find az ongmal copy of the revised map, sheets 1 - 4, with my "red-line" comments. These "red- lines" request additional information and/or edits. I have also included an onginal copy of the closure report for the lots, tracts and road dedreation. The dimensions of the right of way, as calculated on the revised closure reports, aze consistent with that shown on the revised plat. I will not require a thud review, as long as you or one of your assistants verify that our requested additional information and/or edits aze complete Please contact me if you have any questions or if you desire additional service I have enclosed Invoice #684 for the amount due f $500.00 or professional sernces rendered This amount includes two hours from ur first view that was not included on our Invoice #667. Thank you for allowing Geomatics, P.S., Inc. to provide this professional sernce Sincerely, Geomatics, P.S., Inc. Dennis Baker, PLS Director ~ ~O ~J ~ S~ drb@geomatlcslandsurveying.com www.geomatlala ndsu rveyi ng, coin 1 ~4 ~a_.:_~®~:GEOMATICS is+~.~°~.~".ez LAND SUf:VEYING ©2000 PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 360-400-LAND Isw3) FAX 360-400-5264 FF--~ ~, 2cz79 January 16, 2009 City of Yelm Community Development Department Grant Beck, Duector PO Box 479 Yelm, WA 98597 ti.l t 5 ---~/~- ~ CALLS NLASr2t~ (~~oPFi~ tl F_ S . ,~ 1L(. dJi~iS; ,eo~l rug cu>~'c>< ~Q~ - iSSuFt A GF-[I~LIL Fo~- I Re. Third Review and Comment for the Plat of John's Meadow ~ t2A.l ~< < S Case No SUB-04-0175-YL Geomatics' Job No 1561 Dear Mr Beck I have completed my third review of the abovementioned plat. Attached, please find an original copy of the revised map, sheets 1 - 4, with my "red-tine" comments These "red- lines" request additional information and/or edits. I have also included an ongmal copy of the closure report for the lots, tracts and road dedication The dimensions as shown on the revised plat, are consrstent with those calculated on the provided closure reports. I will not require a forth revtew, as long as you or one of your assistants verify that our requested additional information and/or edits aze completed. Please contact me if you have any questions or if you desire addit<onal service I have enclosed Invoice #799 for the amount due, f 100 00 fo professional services rendered Thank you for allowing Geomatics, P S., Inc to provide this professional service Sincerely, Geomatics, P.S., Inc. ~O ,~ 2.~ Dennis Baker, PLS Director drb@geomatirslandsurveying coin www.geomaticslandsurveymg.com ENGINEERING .PLANNING .ENVIRONMENTAL SCIENCES 8770 TALLON LANE NE LACEY, WA 9851fi-6641 T 360.459.3609 F 360.459.0154 . w puamud. wim TRANSMITTAL FORM ~~ To Nisha Box, Assistant Planner City of Yelm Date February 2, 2009 Pro)ed Number 247-5269-003 Pro)ect Name Final John's Meadow Plat These are ®PER YOUR REQUEST Sent Vla ^ U S MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ® FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ^ FOR YOUR FILES ^ COURIER ^ FOR YOUR ACTION ®HAND DELIVERY/PICKUP ^ INTEROFFICE MAIL We are transmitting the following materials: Plat, four (4) full size and one (1) 11" x 17" revised based on Clry of Yelm's third review comments Redline copy, one (1) original from third review Comments• Ms Box, Based on the City's third review comments, we are submitting four full size and one 11" x 17" set of Plat Drawings for your review We will submit the other items requested In your January 26, 2009 letter as they are completed If you have any questions please contact Kevin House, P E at 360-459-3609 Thank you ~~CC~VE~ FEB 0 3 7~^^ cc protect file correspondence file (Rev 09/07) ENGINEENING .PLANNING .ENVIRONMENTAL BCIENCE8 8770 TALLON LANE NE LACEY, WA 9851E-GG41 T 360.459.3609 F 360.459.0154 u puramcM. mm TRANSMITTAL FORM To Nisha Box, Assistant Planner Date February 3, 2009 City of Yelm Protect Number 247-5269-003 Protect Name Frnal John's Meadow Plat These are ®PER YOUR REQUEST Sent Vla ^ U S MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ® FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ^ FOR YOUR FILES ^ COURIER ^ FOR YOUR ACTION ®HAND DELIVERY/PICK UP ^ INTEROFFICE MAIL We are transmitting the following materials. CC&R pages revised based on Clty of Yelm's third review comments, Cover, page 5, page 25 & Exhibit B CC&R redlines, one (1) four page set from third review Thurston County Comments/Redlines dated 01-12-09 Comments• Ms Box, Based on the City's third review comments, we are submitting revised CC&R pages as well as returning the original redline comments if you have any questions please contact Kevin House, P E at 360-459-3609 Thank you cc protect file ~~~[(~/EE) correspondence file FEB 0 3 2C09 (Rev 09/07) ENGINEERING .PLANNING .EN VIRONMENTAL 9CIENOES 8770 TALLON LANH NE LACEY, WA 985]6-6(41 T 360.459.3609 F 360.459.0154 . w Paran~a~nv avid Date:,~ iL 0"] RE~E~ ~~D ~14Y 3 61Q07 - TRANSMITTAL FORM To Community Development Dept Date May 76, 2007 City of Yelm Pro)ect Number 257-5269-001 P.O. Box 479 Protect Name John's Meadows Development Yelm, WA 98593 (MICHAEL R. MASTRO) Attn• Jim Gibson These are ^ PER YOUR REQUEST Sent Vla ^ U S MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ^ FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ® FOR YOUR FILES O COURIER ^ FOR YOUR ACTION ®HAND DELIVERY/PICKUP ^ INTEROFFICE MAIL We are transmitting the following materials: One - Final Plat Apphcatlon One -Appllcatlon Submittal Fee (check for $750) Four -Lot Closure Reports for lots, tracts, and roadways One -Warranty Agreement for all Improvements Eleven -full size copses of Final Plat One - 11 "x17" copy of Final Plat One - BIII of Sale Four -copses of Title Report One -summary of how conditions of approval were met One -copy of Preliminary CC&R's One -Residential Agreement to Maintain Stormwater Facilities One -Engineer's Construction Inspection Report (Appendix F) Complete set of Record Drawings for the John's Meadows Protect One -Set 22"x34" Mylar One CD Containing Electronic Design Files Comments: Jim, On behalf of our client, Michael Mastro, we are pleased to submit this package for the Final Plat approval of John's Meadow Please feel free to call me or Kevin House of Parametrix If you have any questions We can be reached at 360 459 3609 Thank you Sin~Y - "'T(.~ Blair Pngge, PLS cc Protect file (Rev 11/05) M,gy16 /~~0 ENGINEERING . FLANNINO . ENVIRONMENTAL SCIENCES 71Jm 8770 TALLON LANE NH LACEY, WA 98516-6641 T 360.459.3609 F 360.459.O1i4 w wp.vametna win TRANSMITTAL FORM To Community Development Dept. Date May 16, 2007 Clty of Yelm Protect Number 257-5269-001 P.O Box 479 Project Name John's Meadows Development Yelm, WA 98593 (MICHAEL R. MASTRO) Attn:Jlm Glbson These are ^ PER YOUR REQUEST Sent Vla ^ u s MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ^ FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ® FOR YOUR FILES ^ COURIER ^ FOR YOUR ACTION ®HAND DELIVERY/PICK UP ^ INTEROFFICE MAIL We are transmitting the following materials: Complete set of Record Drawings for the John's Meadows Project 1-Set 22"x34" Mylar 1-CD Contalning Electronic Design Files I ~,y '4PP~Ad1~. ~ Comments Jlm, Here are the Record Drawings for the John's Meadows Project Thanks Kevin House (360)459-3609 Sincerely, i~S'7 Kevin House ~G/G~-~ cc Project file (Rev 11/05) City of Yelm Public Works Department 901 Rhoton Road P O Box 479 Yelm, WA 98597 (360) 458-8406 Fax (360) 458-8417 ~~® Proiect Review ~~- Date: Date: July 9, 2007 Project Name: John's Meadow Plat ^ For your records ^ Other. Remarks: Please review the attached site plans for John's Meadow Plat. Your comments are due NLT July 19`h, 2007 Date Returned: Smitty ~ q~'~ ~~ ~o ~^"`"'~ Jon o[c ~ .T'ew~~ 7/~Y~o7 ~-Kevin -~ For Ttm Peterson ^ As requested r:~GEOMATICS -~~2~~LANDSURVEYING ©2000 PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 360-400-LAND ~sza3~ FAX 360-400-5264 July 20, 2007 ~~~® City of Yehn Dete: ~ Community Development Department ~~ V~ Grant Beck, Director Q PO Box 479 ~~~ 2 31007 Yelm, WA 98597 Re: First Review and Comment for the Plat of John's Meadow Case No. SUB-04-0175-YL Geomatics' Job No. 1561 Deaz Mr Beck: I have completed my first review of the abovementioned plat Attached, please find an ongmal 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 ongmal copy of the closure report for the lots, tracts and road dedication. There aze differences regazdrng the dimensions the boundary around Pazcel A of BLA-040099 YL, as shown on the plat, with respect to the "overall" closure report. With the plat, I received a copy of Chicago Title Insurance Company's Plat Certificate, Order No.: 2051725, dated May 9, 2007. The description of the original pazcel of the plat is consistent with the description at Schedule A of said Certificate There aze no easements listed in Schedule B of said Certificate. There are two agreements with the City of Yelm regazdmg the waterline and sewer extensions We did not review said agreements The wording of the Easement Provisions and the Dedication is consistent with past plats approved by the City of Yelm. In our red-lines we have requested numerous edits, revisions and additions from the surveyor. Two major concerns aze as follows: • Show how the boundary location was determined. Include calls from the legal descnption of Pazcel B of BLA-040099 YL and the controlling monuments utilized, complete with dimensions to the boundary. • The methodology utilized to detemune the location of the 100-yeaz floodplain boundary. I scaled the 100-yeaz floodplain boundary at the easterly plat boundary to be an elevation of 333 6' I also suggested a more accurate method of determining the 100-yeaz floodplain boundary on the ground utihzmg the cross- sections from the F.I.R.M. Panel in conjunction with the Flood L~surance Study. drb@geomatlcslandsurveymg.com www.geomattcslandsurveymg.com e_~=~GEOMATICS ®~~Ss~~LANdSURVEYING ©2000 PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 36000-LAND Iszu3~ FAX 36000-5264 I have enclosed Invoice #667 for the amount due of $800.00 for professional services rendered I will requ>re a second rev>ew. Please contact me if you have any quest>ons or when you desire additional services. Thank you for allowing Geomatics, P.S., Inc to provide this professional service. Smcerely, Geomatics, P.S., Inc. /~-~-~ Dennis Baker, PLS Director drb@geomatlcslandsurveymg.com www.geomatlcslandsurveymg.com Geomatics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bill To Ctty of Yelm Community Development Department Grant Beck Dvector PO Box 479 Yelm WA 98597 Invoice Date Invoice # RECEIVED 7izoizoo7 667 JUL 2 3 2007 P O No Terms Geomatics No Due on receipt 1561 Item Description Hours Rate Amount Peer Review gat first Review and Comment for John's Meadow SUB-04-0175-YL SCANNE® : ~L 3 v .~...,_ 8 100 00 800 00 II you have any questions please call Total sxoooo Payments/Credits ~0 00 Balance Due $soooo Phone # Fax # E-mail Web Site (360) 400-5263 (360) 400-5264 drb@geomancslandsurveymg com www geomattcslandsurveymg com ENGINEERING .PLANNING EN VIRONMENTgL SCIENCES 8770 TALLON LANE NE LACEY, WA 98516-6641 T 360A59.3609 F 360.459.0154 xvw p~omum ~nm SSA E® Date: ~ ~ ~ ~~rn TRANSMITTAL FORM To Ctty of Yelm Date August 21, 2007 Community Development Department protect Number 257-5269-001 105 Yelm Avenue West Proled Name John's Meadow Yelm, WA 98597 ATTN: Ntsha Box These are ® PER YOUR REQUEST Sent Vla ^ U 5 MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ® FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ^ FOR YOUR FILG-S ^ COURIER ^ FOR YOUR ACTION ^ HAND DELIVERY/PICK UP ^ INTEROFFICE MAIL RI''r`^lt~~r, ~c'UI We are transmrtbng the following materials: 1 An updaied Plat Certificate by Chicago Title Insurance Company, order number 2051725, dated August 7, 2007 2 A copy of the Thurston County "Plat Name Reservation Certificate" for the plat name of John's Meadow 3 A copy of the right-of•way dedication by Kathryn A Dotson to the Clty of Yelm Recorded under Thurston County Auditor's Flle No 3913198 4 Updated Lot Closures 5 An updated "6111 of Sale" signed and notarized by Michael R Mastro 6 Redlined copies of the plat of John's Meadow 7 4, full size copies of the plat of John's Meadow 8 1, 11x17 of the plat of John's Meadow 9 A cd with DWG and DXF files for the plat of John's Meadow as requested by Thurston County 10 Stormwater Maintenance Agreement signed and notarized 11 Copy of recorded School Mitigation Agreement 12 Landscaping Maintenance Agreement with A Plus Property Services Comments• Per my conversation with you the CC & R's and Article of Incorporation well follow shortly Sincerely, ~~~ Kevin House cc (Rev 11/05) Transmittal Letter To; Interested Parties Date: July 6, 2007 ~ - Company: Re: John's Meadows Plat Address: File No: SUB-0~-0175-YL City, St Zip Name: Michael Mastro Items transmitted for ® Review and comment ^ For your records ^ As Requested ^ Other Enclosed please find protect information for Case Number SUB-04-017-YL, (John's Meadows Plat), fora 50 lot subdivision on 17 46 acres Please review and submit comments to the City of Yelm, Community Development Department, on or before July 20, 2007 Remarks Signed Nisha R Box Community Development Assistant Planner 11 i. ~CE® tl ;~; ,,t t ~_._ ~ Ili. ~ ` Transmittal Appli- Full 11 x 17 Storm ' -Lro T.r II Size Land ~ Letter cation Size Map Drain Closures Report Addressing Use Map Report Map Approval submitted & prior to Drainage a lication Plan Thurston Co 1-special 1 1 1 1 Assessor City 1 1 1 Administrator Shell Bad er Yelm Police 1 1 1 Chief (Todd - - Stancil Yelm Building 1 1 1 4 Official (Gary Carlson Thurston Co 2 2 2 Fire De t - 2 YCOM Networks 1 1 1 Puget Sound 1 1 1 Ener Cdy Engineer 1 1 2 1 Jim Gibson CDD Associate 1 1 1 1 1 1 Planner(Tami Photo Mernman) copy of all does CDD Assistant 1 1 1 1 1 1 Planner(Nisha Photo Box) copy of all dot's CDD Director 1 1 1 Grant Beck Thurston Co 1 1 1 Communications Ca Com Yelm 1 1 1 Community Schools LeMa Inc 1 1 1 Yelm Post Office 1 1 ~ 1 Yelm Chamber 1 1 1 of Commerce Yelm Public 1 1 1 Works Tim City Reviewing 1-special 1 2 2 1 1 Surve or Fde on anal on mal 1 on mal on anal on anal on anal 1 Total 2 special, 19 + 9 76 + 3 + 3 + 4 + 5 1 18 re ular on mal on mal on mal on mal on mal Transmittal Letter -one special for Surveyor, one special for Assessor -listing what we're sending Then one for everyone else dust saying "enclosed is project information." H \CDD Data\FOfms 8 Procedures\Fnal Plat\Distnbubon of Items submitted vntb final plat dot Page 1 of 1 YELM CHAMBER OF COMMERCE YELM POST OFFICE CITY'S SURVEYOR PO BOX 444 POSTMASTER YELM WA 98597 SHELLY BADGER GRANT BECK KEN BECKMAN CITY OF YELM CITY OF YELM COMMUNITY YCOM NETWORKS PO BOX 479 DEVELOPMENT PO BOX 593 YELM WA 97597 PO BOX 479 YELM WA 98597 YELM WA 97597 ERLING BIRKLAND NISHA BOX GARY CARLSON YELM COMMUNITY SCHOOLS CITY OF YELM COMMUNITY CITY OF YELM COMMUNITY PO BOX 476 __ ~ ,. _ DEVELOPMENT _ DEVELOPME_N_T._ __„ -_Q_ru, ,.,,_ YELM WA 98597 PO BOX 479 PO BOX 479 YELM WA 97597 YELM WA 98597 JIM GIBBON CHIEF RITA HUTCHESON CHIEF MARK KING CITY OF YELM COMMUNITY THURSTON CO FIRE DISTRICT #2 THURSTON CO FIRE DISTRICT #2 DEVELOPMENT PO BOX 777 PO BOX 777 PO BOX 479 YELM WA 98597 YELM WA 98597 YELM WA 97597 CHARLIE MAXWELL TAMI MERRIMAN LYNN PEARL LEMAY, INC (or Dick Rehn) CITY OF YELM COMMUNITY THURSTON CO ASSESSOR'S OFC 13502 PACIFIC AVENUE DEVELOPMENT 2000 LAKERIDGE DRIVE SW BLDG 1 TACOMA WA 984440459 PO BOX 479 OLYMPIA WA 98502 YELM WA 97597 TIM PETERSON TODD STANCIL ~ GLEN THARP CITY OF YELM PUBLIC WORKS CITY OF YELM POLICE DEPARTMENT THURSTON COUNTY PO BOX 479 COMMUNICATIONS YELM WA 98597 2703 PACIFIC AVENUE SE SUITE A OLYMPIA WA 98501 AMY TOUSLEY PUGET SOUND ENERGY 2711 PACIFIC AVENUE SE OLYMPIA WA 98501 Fndny, Ju/y 06, 2007 Final Plat App -` '=GEOMATICS am~°o°+T~tSLAND SURVL=PING ©~ppp PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 360-400-1AND (sxba~ FAX 360-400-5264 July 20, 2007 ~~1~~~~~ City of Yelm Date: ~`, ; I~~ Community Development Department ~~~~-~'"`c`°C` - , Grant Beck, Duector ~' ~ PO Box 479 ~~~~ ' '' ~~• Yelm, WA 98597 L„ Re First Review and Comment for the Plat of John's Meadow Case No SUB-04-0175-YL Geomat~cs' Job No . 1561 Deaz Mr Beck I have completed my first review of the abovementioned plat Attached, please find an ongmal 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 ongmal copy of the closure report for the lots, tracts and road ded~caUon There are dsfferences regarding the dimensions the boundary around Parcel A of BLA-040099 YL, as shown on the plat, v`~th respect to the "overall" closure report With the plat, I recewed a copy of Chicago Title Insurance Company's Plat Certificate, Order No 2051725, dated May 9, 2007 The descnption of the original pazcel of the plat is consistent with the description at Schedule A of said Certificate There are no easements fisted m Schedule B of said Certificate. There aze two agreements with the City of Yelm regazding the waterline and sewer extensions We did not review said agreements The wording of the Easement Provisions and the Ded~cahon is consistent with past plats approved by the City of Yelm. In our red-lines we have requested numerous edits, rev~s~ons and additions from the surveyor. Two major concerns aze as follows Show how the boundary IocaUon was determined. Include calls from the legal descnpUon of Parcel B of BLA-040099 YL and the controlling monuments utilized, complete with dimensions to the boundary- The methodology utilized to determine the location of the 100-year floodplam boundary. I scaled the 100-year floodplam boundary at the easterly plat boundary to be an elevation of 333 6'. I also suggested a more accurate method of determining the 100-yeaz floodplam boundary on the ground utilizing the cross- sechons from the F LR.M Panel m conJunction with the Flood Insurance Study drb@geomaticslandsurveying mm www.geomaticslandsurveymg coin o®~o'°~d~ LAND SURVEYING ~>zp~~p PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 360-400-LAND (sz63i FAX 360-400-5264 I have enclosed Invoice #667 for the amount due of $800 00 for professional services rendered I will 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 sernce. Sincerely, Geomatics, P.S., Inc. ~~/`~ Dennis Baker, PLS Director drb@geomaticslandsurveying.com www geomaticslandsurveymg com Geomatics Land Surveying Btll To Gty of Yelm Community Development Department Grant Beck Dvector PO Box 479 Yelm WA 98597 P.O. Box 2550 Yelm, WA 98597-2550 Invoice r- ---------- Date ~ Invace # I y s- ~• ~ 7/20/2007 i 667 I p: i~i~r~ - . 7 - - --°-- - ----'-- ----'--' .i ~~~ .7 ; ~liii i P O No` ^~ TermsT i Geomatics No ' - --_-{ r _' -_ ~ Due on receipt I 1561 f-- -- ----t -- ---- ---------~--- - - - --~------ I Item i Descnption Hours ~ Rate 1 Amount r_ __ _ _ __ _ ___ _ _ _ __ ___ _ _ ~ Peer Review 1 Fvst Revtew and Comment for John's Meadow SUB-04-0175-YL I R I 100 00 ~ 80U 00 ~ i ~ ~ j I ~ I ' i ~ I I I ~ I ' I ~~ ~at~ t~? ~~ f ~P7 .....-._-~ - ---'-L--------~-~_~__~ II you have any qu~wons please call Total $aoo 00 -------1 Payments/Credits $o oo ---- -- -~ Balance Due X80000 ~ Phone # Fax # E-mail Web Site ~ (360) 400-5263 ~ (360) 400-5264 i drb~geomaticslandsurveymg com uww gcomaucslandsurveymg com Page 1 of 1 Nisha Box - From Sherrie Bush [Bushs@co thurston wa us] Sent: Friday, July 13, 2007 2 33 PM To: Nisha Box Subtect: JOHN'S MEADOW Plat Follow Up Flag. Follow up Flag Status: Red MEMORANDUM _ _ ' ` °' " " -` RE 64303600700 "' - ' ' ° "~ MY COMMENTS FOLLOW X The map data should be submitted as DWG and DXF files along with the FINAL blue line Each Division or Phase should be separate The boundaries that determine ownership must all be placed in one layer (PROP) If you have any questions, please call Lynn at 360 357-2474 X There are taxes due Page 3 of 4 X Curve Table Where is C56~ If it is not used, please note X Line Table Where is L7~ If it is not used, please note X Please add symbols between all line calls on North line of Tract A Page 4 of 4 X Tract Information Please add address for Tract D and give Square Feet for Tracts A & D Attention Verification Request for "Plat Name Approval" sent to Auditor's Office (Please contact Heather in Auditor's Office, 360 786-7381, for reservation and approval of Name for Plat ) Note Only_ If any changes are made on boundary or lot lines, revised set of Bluelines and Lot Closures are regwred . Note Only_ If there are any bwldings to be removed, a "Destroyed Property Form" must be completed by the property owner This will remove the improvement value from the property assessment You may obtain this form by calling Customer Service in the Assessors office at 786-5410 Thank you Wishing you a Great Day, Sherrie L Bush Sr Property Control Analyst Thurston Co Assessor's Office bushs co thurston wa us (360) 754-3355 X 6357 (360) 754-2958 FAX 8/30/2007 ENGINEERING. PLANNING. ENVIRONMENTAL SCIENCES ~ ,{~ R770 TALLON LANG NG ^ ~~.r~Q%~ LACEY, WA 96516-6641 'Y ^ v Ate/ T 360.459.3609 F 360.459.0154 V e? O ~00 ~+V w ~ puumcmr mm J TRANSMITTAL FORM To Community Development Dept. Date August 30, 2007 Ctty of Yelm Pro)ect Number 257-5269-001 P.O Box 479 Project Name John's Meadows Development Yelm, WA 98593 (MICHAEL R. MASTRO) Attn~ Nisha Box These are ® PER YOUR REQUEST Sent via ^ U S MAIL ^ FOR YOUR INFORMATION ^ GROUND SERVICE ~ FOR YOUR REVIEW AND APPROVAL ^ EXPRESS OVERNIGHT ^ FOR YOUR FILES ^ COURIER ^ FOR YOUR ACTION ® HAND DELIVERY/PICK UP ^ INTEROFFICE MAIL We are transmitting the following materials: Original redline markups 1 -Check in the amount of $1,800 00 from Michael Mastro Properties for Hydrant Locks Comments: If you have questions or need additional information, please contact Kevin House at 360-459-3609 ~~~® pate: cc Protect file (Rev 11/05) i Clty of Yelm Communlty Development Department Invoice No. CDD-07-0244 INVOICE - ~ ~uswmer Name Jim Seldon, John L Scott Real Estate Address 11515 Canyon Road East, Suite A City Puyallup State WA ZIP 98373 Phone Date 8/30/2007 Order No Rep John's Meadows FOB SUB-04-0175-YL Item Description Umt Pnce TOTAL 6 Hydrant Locks for John's Meadows $300 00 $1,800 00 SubTotal $1,800 00 Payment Details Shipping & Handling $0 00 O Cash Taxes WA O Check O TOTAL $1,800 00 Office Use Only Clty of Yelm \i ~ \ n Communlty Development Department ~` - \\U' P O Box 479 \\ Yelm, WA 98597 \ (360) 458-3835 THANK YOU \. City of Yelm Communlty Development Department Invoice No. CDD-05-0164 INVOICE - - Customer Name Freestone DFF Yelm II LLC Address PO BOX 73669 City Puyallup State WA ZIP 98373 Phone Date OS/05I06 Order No SUB-04-0175-YL Rep Johns Meadows FOB (aka Griffin Plat) Hrs Description Unit Price TOTAL 52 II Engineering & inspection fees $54 00 $2,808 00 SubTotal $2,808 00 Payment Details Shipping 8 Handling $0 00 O Cash Taxes WA O Check O TOTAL $2,808 00 Office Use Only City of Yelm ~~\ Communlty Development Department ~~ ~\ P O Box 479 Yelm, WA 98597 ~ ~ (360) 458-3835 THANK YOU Clty of Yelm Communlty Development Department INVOICE - - Customer Name Freestone DFF Yelm II LLC, Scott Griffin Address P O Box 73669 City Puyallup State WA ZIP 98373 Phone 1 I Sewer Latecomer Fee for Parcel 64303600600 0~,,,'casn ~.~~.' O Check O Invoice No CDD-OS-0126 $5,608 46 ~ $5,608 46 ~~ , 3 5~ 1 ~iJ Clty of Yelm /\U Communlty Development Department ~ ~ ~ P O Box 479 Yelm, WA 98597 (-`~~ (360) 458-3835 x THANK YOU Date 4/21/2005 Order No Rep Water & Sewer FOB Latecomer Fee Unit Price TOTAL $5.85155 $5.85155 se ~~~ S City of Yelm Community Development Department INVOICE - - Customer Name Jake Traffic Engineering Address 7731 8th Ave SW City Seattle State WA ZIP 98106 Phone Invoice No. CDD-04-097 Date 4/20/2004 Order No Rep TIA Middle Road FOB Qty Description Umt Price ~ TOTAL 1 I Traffic Impact Analysis Traffic Scoping Model $500 00 $500 00 SubTotal $500 00 Payment Details Shipping 8 Handling $0 00 O Cash Taxes WA O Check O TOTAL $500 00 Office Use Only a ,-, ~` Clty of Yelm Community Development Department P O Box 479 ~1 Yelm, WA 98597 (360) 458-3835 fax (360) 458-3835 THANK YOU j CITY OF YELM PO Box 479 Yelm, WA 98597 360-458-3244 RECEIVED «+++SEVEN HUNDRED FIFTY DOLLARS h 00 CENTS RECEIVED FROM DATE REC NO IfICHAEL R DtASTRO PROP 07/09/07 4912'7 510 RAINIER AVE SO SEATTLE, UA 98144 BUDGF,TARY SUE-04-0175 30HNS 1•IEA RECEIPT No. 4 9 ~- 2 7 AMOUNT REF NO 750.00 CHECFC 96~l42 d m w N