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04-0175 FINAL (2)RESIDENTIAL AGREEMENT TO MAINTAIN STORMWATER FACILITIES BY AND BETWEEN Michael R Mastro THEIR HEIRS, SUCCESSORS, OR ASSIGNS (HEREINAFTER "OWNER") AND City of Yelm (HEREINAFTER "Junsdution'") ~~~~ ~~ ' ~\ _ `~ . ~ ~ ~~ ~\` ~ ~~~~~ The upkeep and maintenance of stormwater facilities is essential to the protection of 0 ~ , `~~ water resources All property owners are expected to conduct business m a manner that ~A~ promotes environmental protection This Agreement contains specific provisions wtth respect to maintenance of stormwater facilities LEGAL DESK RIPN ~ ~ ~ ~ (~ )~~ ~ ~~ ~ S ~ ~ v ~ws Lail Z' V I P eel N ber 64303600700 in City of elm 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 Jurisdiction to ensure the protection and enhancement of Jurisdiction's water resources, the Jurisdiction and OWNER hereby enter into this Agreement The responsibihnes of each party to this Agreement are identified below OWNER SHALL (1) Implement the stormwater facility maintenance program included herein as Attachment "A" (2) Mamtam a record (m the form of a log book) of steps taken to implement the program referenced m (1) above The log book shall be available for inspection by appointment at 510 Rainier Avenue S, Seattle, WA, 98144 The log book shall catalog the action taken, who took it, when rt was done, how rt was done, and any problems encountered or follow-on actions recommended Maintenance items ("problems") listed m Attachment "A' shall be inspected on a monthly or more frequent basis as necessary OWNER is encouraged to photocopy the mdrndual checklists in Attachment'`A" and use them to complete its monthly inspections 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 in (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) Ttme period covered by the report (c) A chronological summary of activities conducted to implement the program referenced m (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 raid parties, include a copy of the invoice For services (d) An outline of planned achy rties for the next year THE JURISDICTION SHALL (1) Maintain la_1 ~? ^~ +a.Pr svetem element_~ `` '' ~1~ ~„~.._v such as catch basins o~l- water , a~uiutne_ s~_ (2) Provide technical assistance to OWNER m support of their operation and maintenance activates conducted pursuant to its maintenance program Satd assistance shall be provided upon request, and as Jurisdiction time and resources permit, at no charge to OWNER (3) Review the annual report and conduct a minimum of one (1) site visit per year to discuss performance and problems wrth OWNER (4) Review this Agreement wrth OWNER and modify it as necessary at least once every three (3) years REMEDIES (1) If the Jurisdiction determines that maintenance or repair work is required to be done to the stormwater facilities located m the subdivision, the Jurisdiction shall give OWNER nonce of the specific maintenance and/or repair regmred The Junsdichon shall set a reasonable lime m which such wort. is to be completed by the persons who were given nonce If the above required maintenance and/or repair is not completed within the lime set by the Jurisdiction, written notice will be sent to OWNER stating the Jurisdiction's uitention to perform such maintenance and bill OWNER for all incurred expenses (2) if at any time the Jurisdiction detenmines that the existing system creates any imminent threat to public health or welfare, the Junsdichon may take immediate measures to remedy said threat No nonce 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 Junsdichon for access to any and all stormwater system features for the purpose of performing maintenance or repair as may become necessary under Remedies (])and/or (2) (4) OWNER shall assume all responsibility for the cost of any maintenance and for repairs to the stotrrtwater facility, except for those maintenance actions explicitly assumed by the Junsdichon m the preceding section Such responsibility shall include reimbursement to the Junsdichon 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 Junsdichon will be borne by the games 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 Junsdichon It shall run wrth the land and be binding on all parties having or acquiring any right, title, or interest in the property or any part thereof, of real property m the subdivision They shall inure to the benefit of each present or future successor m interest of said property or any par[ thereof, or interest therein, and to the benefit of all citizens of the Junsdichon Owner STATE OF WASHINGTON ss COUNTY OF THURSTON ) Owner On this day and year above personally appeared before me, and known to be the individual(s) described, and who executed the foregoing instrument and acknowledge that they signed the same as thew free and voluntary act and deed for the uses and purposes therein mentioned Notary Public in and for the State of Washington, residing m My commission expues Dated at Yelm, Washington, this day of day of , 200_ STATE OF WASHINGTON ss COUNTY OF THURSTON ) Director of Public Works On this day and year above personally appeared before me, who executed the foregoing instrument and acknowledge the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument Given under my hand and official seal this day of ,200_ APPROVED AS TO FORM Notary Public m and for the State of Washington, residing m My commission expves City Attorney 3.1 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 regwrements 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) After any mayor storm (use 1" m 24 hours as a guideline) items marked'`S" only Using photocopies of these pages, check off the problems you looked for each time you d!d an ~nspect~on Add comments on problems found and acuons taken Keep these '`Checked" sheets m your files, as they will be used to wnte your annual report (due m May) Some items do not need to be looked at every time an inspection !s done Use the suggested frequency at the left of each item as a gmdehne for your inspection You may call the~unsdiction for technical assistance Please do not hesitate to call, especially if you are unsure v` Nether a s~tuatlon you have discovered may be a problem JoGn s A9eadmis 257-5269-00/ (02J Final Drainage Report 3-l October 2001 Attachment `A'. Maintenance Program Inspection Penod Number of Sheets Attached Date Inspected Inspector's Signature Cover Sheet ATTACHMENT"A" MAINTENANCE PROGRAM John s Meado~rs 157-J?69-00/ (01J Finaf Drainage Report 3-? October 1005 Maintenance Checklist for Conveyance Systems (Pipes) 1"requena Urarnage d Req d Problem Condmons To ChecA For Condmons That Should Faist Sstem Feature M S Prpes d Sediment c@ Accumulated sediment that Ptpe cleaned of all sediment and debns e~ceed520%o(the diameter of debns the pipe M ~ Vegetation Vegetation that reduces free All vegetation removed so water movement of rater through Oows freely pipes A +~ Damaeed Protective coating is damaged, Pipe reparred or replaced (rusted bent rust is causing more than 50% or crushed) detenoranon to any part of pipe M d Any dent that s~gmficanth Pipe repaued or replaced impedes Flow (i a decreazes the cross section area oPpipe b} more then 20:0) M ~ Pipe has mador cracAs or tears Pipe repaued or replaced al low mg groundw ater leal.age M S Sxales ~ Trash 8 debns Uumpm~ of yard wastes such Remove trash and debns and dispose az arazs chppmcs and branches az prescribed by County N ante into Swale Unsighth Marraganent Section accumulation of non- deeradable materials such as glass plaztic, metal, foam and coated paper M ~ Sediment Accumulated sediment that Swale clearred of all sediment and bmldup enceeds 20 % of the design debns so that rt matches design depth M ~ Vegetation not Grazs cover rs sparse and Aerate sods and reseed and mulch growing or weeds or areas arc of ergrown bare areas Mamtam grass hei_ht at Deer-growm x nh woody segetauon a minimum of 6" for best stormwater treatment Remove woodv groxth recon[our and reseed az necessary M d i Conversion 6} Swale has been filled m or If possible speaA w rth homeowner home-oxner blocAed by shed, woodpile and request that sxale area be m shrubbep etc restored Contact County to report incompatible problem dnot rectified voluntarily use John s M1feadmi s 257 5269-001 (0?J Fina! Drainage Report 3-3 October 1005 ATTACHMENT "A" (CONTINUED) Maintenance CheckLst for Conveyance Systems (Pipes), Continued Requency Drainage Sstcm Feature ~ Req d Problem Condmons To ChecA For CondNOns That Should Exist A ~ Swale does Water stands m Swale or no» A curve} may be needed to checA not dram velocin is ven• slow grades Grades need to be m 1°0 Staenauon occurs range if posvble If grade is less than I%, underdrams may need to be installed tf }ou are unsure whether a problem evsts please contact the Junsd¢uon and asl, for [echmcal assistance Comments Ket A =Annual (March or Apnl preferred) M =Monthly (see schedule) S = Afier mayor stones John sMeadous 2i7-5269-001 (02J Final Drainage Reporr 3-a Ocraber 2005 ATTACHMENT "A" (CONTINUED) Maintenance Chec6hst for Ponds Frequency Dramaae J Req d Problem Condmons To ChecF, t or Condmons that Should Eat Svstem Feature M S General J Trash R debns Dumping of }ard wastes such as Remove trash and debns and bwldup m pond grass cigtpmgs and brashes tltspose as prescribed b} County into basin Unsightly ~l'as[e Manae_emen[ Section accumulation of son-degradable materials such as glass plutic metal foam, and coated paper M S J Trash racA nor screen over outlet more than Replace screen Remove bash and plueeed or 21°/ covered by debns or debns and dispose as prescribed by missing missing County Waste Manaeement Section M J Poisonous An} poisonous +ege[anoq Remove potsonous vegetation Do vegetation which may constitute a hazard not spra} chetmcals on vegetation to the public Examples of without obtarmng gwdance Gom poisonous vegetation include the Cooperame E+tensmn Serve tans} ragwort poison oa}~ and apprmal from the Couny stinging nettles de+Jsdub M S J Fne hazard or Presence of chemicals such as Fmd sources of pollution and pollution natural gas oil and gasoline eliminate them Water is free from obnovous color, odor or sludge noticeable color, odor, or noted contamination M J Vegetation not For grassy ponds eras co+cr is For grass} ponds, selecu+el} grm+mg or ~s sparse and weed} or a thatch aerate and reseed ponds over-grown overgrown For wetland ponds, Grass cutting unnecessary unless plants are sparse or im av+e dictated by aesthetics For wetland spectes are present ponds, hand-plant nurses-grown wetland plants m bare areas Contact the Cooperau+e Extension Service for dvecuon m ~m~asne spectes such as purple looseime and reed canary grass Pond bottoms should have uniform dense coverage of devred plant spectes M J Rodent holes M+ evidence of rodent holes if Rodents destro+ed and dam or facihh is acting as a dam or berm repaired Comact die berm or any evidence of water Thurston Count}' Health Dept for piping through dam or berm +ta gmdance rodent holes John s Meadmis 257-5269-00/ (02J Finaf Drainage Report 3-~ Oc/obey?005 ATTACHMENT"A' (CONTINUED) Maintenance Checkhs[ for Ponds, Continued Frequency Dramaee ~ Req d Problem Condmons To Cheri. For Condmons That Should East S stem Feature M ~ Insects When insects such as w asps and Insects destroyed or removed homes interfere +uth from vle Contact Cooperative maunenance acgvues, or ++hen 6~tenvon SeMCe for gwdance mosgmtoes become a nmsance A +~ Tree Growth Tree growth does not allow Trees do not hinder mmmenance maintenance access or interferes acnvmes Selecnvdy culMate with mantenance acuvuy (t e, trees such az alders for slope mow mo, silt remo+al, or firewood egmpment movements) If trees are not interfering wth access, lea+e trees alone M Srdeslopes of ~ Erovon on ChecA around inlets and outlets Find causes of erovon and pond bemts or at (or yens of erosion ChecA ehmmate them Then slopes entrance/ berms for signs of shdmg or should be s[abi6zed b+ using settling Action rs needed where appropriate erosion control e+d eroded damaee over 2 inches measure(s) e g rocA deep and where there a reinforcement planting of crass, potential (or continued erovon compaction M Storaee area ~ Sediment Accumulated sediment that Sediment cleaned out to buildup m pond enceeds 10 % of the devgned devgned pond shape and depth pond depth Buried or partially pond reseeded d necessaq ro boned outlet structure probably control erosion indicates vgm5cant sediment deposits A Pond d~6es d Settlements Any part of diAe which haz DiAe should be bmlt bacA to the settled 4 inches lower than [he desien ele+auon devgn elevation A Emergency ~ RocA misvng Onl} one lamer of rocA crisis Replace rods to desien overflow/ above native sod m area 5 standards spdh+ay square feet or lamer, or any esposure o(natn~e sod One time Cmergencv ~ Overflow Side o(pond haz no area with Con[act Coun[} for emdance overflow/ missing large rocFs to handle emergency spillway overflows I(you are unsure whether a problem mists, please contact the Junsd¢uon and azA for technical asvstance Comments Kev A =Annual (March or April preferted) M =Monthly Isee schedule) S = After maJor storms John s Meadows 257-5269-001 (@J Final Drainage Report 3-6 Otlober 2005 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets Frequency Drainage J Req d Problem Condwons To ChecA for Condmons That Should E+ist S)stem Feature M S General d Trash, debns, Trash or debns m front of the No trash or debris located and sediment catch balm opening a immediately m Gom of catch m or on balm blocF.me capaciq~ b} more basin opening Grate is f.epl than 10 % clean and allows rater ro enter M ~ Sediment or debns Qn the No sediment or debns m the balm) that e+ceeds 1/3 the catch balm Catch hasm rs dug depth from [he bottom of out and clean halm to ~m ert of the forest pipe into or out o(the basin M S d Trash or debns m any inlet or Inlet and outlet pipes Gee of pipe blocAme more than Ili trash or debns o(rts height M ~ Swetural Comer of frame extends more Frame is e+en x dh curb dama_e [o than 3/4 inch past curb face frame and/or info the street p(apphcable) top slab M ~ fop slab has holes larger than Top slab is free of holes and 2 square inches or crack cracAs rider than I/4 inch Qotcm is to maAe sure all material is rumm~e into the balm) M ~ Frame not sitting (lush on top Frame a srtung hush on top slab ie separation of more slab than 3/4 inch of the frame Gom the top slab A ~ Cracfs m Cracls eider than I/Z inch Bazm replaced or rcpaned to basin and longer than 3 feet, any desien standards Contact a xalls/bottom evidence of sod panicles professional en_smcer for entering catch balm through evaluaLOn cracAs, or maintenance person fudges that stmcNre is unsound A ~ CracFs rider than I/2 inch No Grads more than I/4 inch and longer than 1 foot at the x ide at the}mnt of mleVoutlct }Dint of any mleVoutlct pipe pipe or any evidence of sod particles entering catch basin throuelt cracFs John s A9eadou s 257-5269-00! (02J Final Drainage Reporr 3-7 October 2005 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Catch Basins and Inlets, Continued Frequency Drmnaee d Req d Problem Condmons To ChecA For Condrtwns That Should Eris[ S}stem Feature A +J Settlement/ Basin has settled more Than ! 6asm replaced or reparred Io nits- inch or has rotated more design standards Contact a ahgnnunt than 2 inches out of professional cng~neer fur ahenment etaluahon M S J Ftre hazard Presence of chemicals such No color, odor or sludge Basin or other as natural gas, oil and is dug out and clean pollution gasoline Obnoxious color odor, or sludge noted M S ~ Oullet pipe is Vegetation or roots growing No vegetation or root erowth clo_ged wnh mmleVoutlet pipe Jom[s that present +egelahon is more than sn inches tall and less than stv inches apart If you are unsure whether a problem eaisb, please contact the Junsdicuon and asA for technical asststancc Comments Kes A = Mnual (March or Apnl preferred) M ° Monthl} (see schedule) S =After maJor stomts John s A4eodoes 157-5169-00/ (02) Fina! Drmnage Report 3-8 October 2005 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Infiltration Systems Frequent} Dramaoe ~ Req'd Problem Condmons To ChecA For Condnions That Should Fvst Svsiem Feature M S General ~ Trash B Sec Maintenance ChecAhst See Maurienance ChecAlst for Ponds debns for Ponds buildup m pond M ~ Poisonous See Maintenance ChecAhst See Maintenance ChecAhst for Ponds regetauon for Ponds M S ~ Fue hazard or See Maintenance ChecAlat See Maintenance ChecAbst for Ponds pollution for Ponds M ~ Vegetation See Maintenance ChecAbst See Maintenance ChecAhst for Ponds not grox mg for Ponds or is osergroxn h4 ~ Rodent holes See Maintenance ChecAhst See Mmntenance ChecAhst for Ponds for Ponds M ~ Insects See Maintenance ChecAhst See Maintenance ChecAhst for Ponds for Ponds A Slora~e area ` d Sediment A soil [enure test md¢ates Sedtmcnt is rcmo~cd and/or (aaht} is bwldup m faaht} a not worAmg at rts cleaned so that mfiltrauon stem s}stem designed capabilNes or~as worAs according to devgn A mcortectly desiened sediment trappme area is installed to reduce sedtment transport into mfiltrauon area A ~ Storage area A sod teVUre test indicates Additional volume is added ihrouah drams slox l}' famliN is not xorAmg at rts evcavauon to provide needed storaee (more than designed capabilities or xas Sod is aerated and rotouiled to 48 hours) or mcortcctly designed improve drainage Coniacl the Qty a eriloxs for mfortnauon on rts regmrements regarding eacas anon M sedtment Any sediment and debns Clean out sump to design depth trappme area filling area to l0%ofdepth from sump bottom [o bottom of outlet pipe or obs[mcune flow into the connector pipe One Time Sedtmcnt Stomrxater enters mfiltrauon Add a trapping area b} construcune a trappme area area drtectly xtthom sump for settling of solids Seeregate not present treatment setthne area Gom rest o(facdirv Contact Orv for emdance John s Meadmts 257-}169-001 (02J Final Drainage Report 3-9 Ocmber 100J ATTACHMENT `A" (CONTINUED) Maintenance Checklist for Infiltration Systems, Continued M RocA filters Sediment inrd B} visual inspection little or Replace gravel m rocA filter debris no Water RONS through filter during heav} ram storms S Infhratinn Infdtrauon Standing Water m Inspection Evcas ate bottom of Trench az Trenches Failure WeII After 48 hours after necessary but at lead 3 feet storm or Overflow during Replace ss ah emshed rocA Storms ChecA pretreatment s+stems for efTecuseness ChecA tnbutap area for sediment sources If you are unsure ++hether a problem exists please contact the lunsd+c[ion and az6 for [echmcal assistance Comments Kes A=Annual (March or April preferted) M = Mon[hh (see schedule) S = After major corms John s A9eadm+s 157-5169-00/ (01J Fmol Drarnage Report 3-10 Ocrober 1005 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Fencine/Shrubbery Screen/Other Landscaptn~ Frequency Drainage J Req d Problem Condmons To ChecA For Condmrnx Thal Should Gist System Feature M General J Missng or Any defect m [he fence or Fence is mended or shrubs broAen screen That permits easy entry replaced to form a solid bartier to parts/dead to a faahry entry shrubben M S J Erosion Erosion has resulted ~n an Replace sod under fence so that no opening under a fence that opening exceeds 4 inches m allows entry b} people or heieht pets M J Unrul} Shmbbeq a grow mg out of Shrubbeq ~s trimmed and weeded +egetanon control or rs infested »ith to provide appealing aesthetics weeds Do not use chemreals Io control weeds A W tre Fences Damaged Posts oui of plumb more than Posts plumb to ++rthm 1'/ inches parts 6mches of plumb A Tup rails bent more Than 6 Top rail free of bends erecter than inches I inch A Any part of Cence Qndudmg Fence a aligned and meets design posts, top tads, and fabnc) standards more than 1 foot out of des~Lm alignment A Missing or loose tension ++ue Tension wire m place and holding fabnc A Missing or loose barbed wire Barbed »Ire m place wuh less than that is sagging more than 2'/: S/4-inch sag beMeen posts inches beMeen posts A Extension amt m¢sme Estension arm m place wrth no broAeq or bent out of shape bendsiarger than 3/4 inch more than I'/z inches A Detenorare Pan or pans that have a Structurall} adequate posts or d paint or msung or scaling condition parts wrth a uniform protective protective [ha[ has affected stmetural coating coating adequacy M Openings m Openings m fabnc are such No openings m fabnc fabnc that an 8-inch-diameter ball could fit through 1f )~ou are unsure »hether a prohlem earsts pleaze contact the lunsdmtion and asA for technical assistance Comments Kev A =Annual (March Ur Apnl preferted) M = Mon[hI} (see schedule) S =After major storms John s Meadmr s 257-5169-001 (027 Final Drainage Report j-/ / Oclaber 2007 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Gates Frequenc} Drainage ~ Req'd Problem Conditions to Chccl. For CondWOns That Should Exist S}stem Feature M General ~ Dama:ed or Gate is broAen Jammed or Pond has a (unchonmg Bate m masme missing allow entry of people and components maintenance egwpment such as mowers and bacAhoes If a IocA a used, maAe sure Cit} Stormwater Section field staff have a Aey M ~ Brol.en or mrssme hinges Hinges mlact and lobed Gale is such that gate cannot be worAme frcel} easily opened and closed by a maintenance person A ~/ Gate is out of plumb more Gate rs aborted and rcnical than 6 inches and more than I foot out of design abgnment A ~ Missing stretcher bar, Stretcher bar bands, and ties m stretcher bands and rtes place If you arc unsure whether a problem eaUts, pleae contact [he 7unsdmhon and asf. for Icchmcal ass~stintce Comments Key A =Annual (March or Apnl preferred) M = Monthl} (see schedule) 5 = Aker mayor storms John sAleadous 2.i7-1169-001 (O1J F'mal Drainage Report 3-1? October 2005 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Grounds (Landscaping) Frequency Drainage ~ Req d Problem CondNOns To ChecA For Condmons That Should Geist System Feature M General ~ Weeds Needs grow mg m more than Weeds present m less Than 5%of (nonpmsono 20% of the landscaped area the landscaped area us) (trees and shrubs only) M ~ Safety Am presence of poison rvy No poisonous vege[auon or insect hazard or other pmsonous nests present m landscaped area veeetauon or cosec[ nests M S d Trash or See Ponds ChecAhst See Ponds ChecAhst finer M S ~ Erosion of Not¢eable ells arc seen m Causes of erovon are idenhfied Ground landscaped areas and seeps IaAen [o slow Surface down/spread out the water Eroded areas are filled contoured, and seeded A Trees and shmbs ~ pamaee Limbs or pans of trees or Fnm trees/shrubs to restore shape shmbs that are split or Replace trees/shrubs with se+ere broAen which affect more damage than 25 % of the total foha~c of the tree or shrub M ~ Trees or shrubs that have Replant tree, mspecune for mJup• been blown dawn or to stem or roots Replace S AnocAed over severeh damaeed A d Trees or shrubs, which are Place slaAes and rubber-coated no[ adequately supposed or ues around~oune treeslshmbs for are leaning over causng support exposure of the roots If}ou arc unsure whether a problem casts please contact the Junsdicnon and asA (or technical assistance Comments ke+ A =Annual (March or Apnl preferred) M = Monthl+ (see schedule) S = Aner maJor storms John s Meadmis 2575169-00/ (OIJ Frnal Drmnoge Report 3J3 Ocro6er 2005 ATTACHMENT "A" (CONTINUED) Maintenance Checklist for Access Roads/Easements Frequency Drainage ~ Req d Problem Condmons To ChecA For Conddions that Should Exist S}s[em Feature One Time General ~ No access If ponds or other drainage Detennme whether an easement to road exists system features needing drainage feature ea+sts If }es maintenance b} motonzed obtain Cdr pennrts and construct egmpment are present euher oravel (or equal) access road If an access road or access from not report IacA of easemem to public streets is reywred Ctty attention M ~ 61ocAed Debits, which could damage Roadv+a~ free of debits ++hmh roadx a) vehicle ores (glazs or metal) could damage tires A ~ Any obs[rucnons, wh¢h Roadway overhead clear to 14 reduce clearance above road (eU htgh surface to less than 14 feel A ~ Any obstmctions restr¢ung Obstruction removed to allow at the access to less than I S feet least a I S-foot-wide access width A S Road surface ~ Settle-ment, when any surface defect Road surface umformh smooth potholes exceeds 6 inches m depth and xrth no e+tdence o(settlemen[, mush spots 6 square feel m area In potholes, mush sports, or ruts ruts general, any surface defect Occasanally application of xh¢h hinders or prevents addmonal gravel or pit-inn rocA maintenance access x ill be needed M d Veeetauon woody growth that could Remove woody growth at early m road blocA vehicular access stage to prevent vehcular surface Eacessne reed rover blocAage Cut bacA weeds +f the) begin to encroach on road surface M,S Shoulders and d Erosion Esosron within ]foot of the Shoulder Free oferos~on and ditches damage roadxa} more than 8 inches matching [he surtoundm=road wide and 6 inches deep If you are unsure whether a problem e~ts[s pleaze contact the Junsdicnon and asl. for technical assatance Comments Kev A =Annual (March or Apnl preferred) M =Monthly (see schedule) S =After mayor storms 3 2 RESPONSIBLE ORGANIZATION The Property Owner's Association or Owner's representative shall be responsible for the operation and maintenance of all onsrte drarnage facilities John s M1feado+rs 257-5269-001 (02J Fina! Drainage Report 3-1 a Oao6er 20(15 3.3 VEGETATION MANAGEMENT PLAN All disturbed pervious areas including ponds wrthm the site wdl be landscaped to provide an aesthetically pleasing envvonment 3.4 SOURCE CONTROL Warning signs (e g, "Dump No Waste - Drams to Groundwater') wdl be embossed on or stenciled at all catch basin inlets that dram to surface water or groundwater 3.5 RESPONSIBLE ORGANIZATION The Homeowners Association shall be responsible for the operation and maintenance of on-s/te drainage facllmes The maintenance schedule outlined above shall be included m die arncles of the property owner's association 3.6 VEGETATION MANAGEMENT PLAN The open space wdl remain natural to the greatest extent possible All disturbed areas wrthm the open space area wdl be landscaped The developer shall he responsible for the protection of the open space until the Homeowners Association is established and can provide proper protection 3 7 SOURCE CONTROL Warning signs (e g, "Dump No Waste -Drams to Ground Water') will be painted or embossed on or adjacent to all storm dram and Swale inlets and wdl be repainted periodically as necessary John s Meadm~ s 157-5269-00! (01J Final Drainage Repor! 3-/5 Ociaber 1005 BILL OF SALE THIS BILL OF SALE ~s made and executed thts ~ day of 2007, by and between Michael Mastro, hcrcinaRer called [he grantor, and t e City of Yelm, a Municipal Corporation, hereinafter called the grantee WITNESSETH That the grantor, for good and valuable cons~derahon, the receipt of which ~s hereby acknowledged, hereby convey, set over, assign and warrant to the Cary of Yelm the following descnbed property situated m Thurston County, State of Washington, TO ~nT The STEP system sennce lateral from the tank to the sewer main, tank, pump and pump controls, water lines and related appurtenances lying ~~•rthm die following descnbed casement area Lying w~thm ~led~c~ted nghts-ot-w y and easem nts for the plat of Johns Meadow d~ W 1'~^(h ~~(-e ~~ Qty of Yelm's Plat No _ ~ d IN ~~~1TNESS M-IEREOF, said person has caused flits mstnmlent to be executed by Rs proper ofhccrs and its corporate sell pf any) to be afhxcd this day of _, 2007 .~ 1_ i //{~ BY GC !!.. (Signature) STATE OF WAA Hl~ ) ss COUNTY OF ) withul..and fore _ >~ ,a __ and vounta[ry d0 6 °' ~1~L11". 20~, personally appeared before me be the individual descnbed m and whoe uted tvith and ackno~~dedged that he signe the same as his free pwposes henn mentioned seal the da~~nd year Notary Public m an for the ~ State of ~ashSnbtgtn res~dmg m System accepted this day of , 20_ City of Yelm By Commwi~ty Development Drrector CHICAGO TITLE INSURANCE COMPANY •- ''1' 3115 PAC8~ICAVESEiD38,OLYMPIA,WA9A501 THIRD GUARANTEE PLAT CERTIFICATE Order No.• 7A51725 Cer[rficate For Filing Proposed Plat: In the matter of the plat submitted for our approval, this Company has examined the records of the County Auditor and Couuty Clerk of THURBTDx County, Washmgtoq and the records of the Clerk of the United States Courts holding terms m said County, and from such examination hereby certifies that the title to the following described land situate in said THURSTON County, to-wit: SEE SCHEDULE A (NEXT PAGE) VESTED IN MICHAEL R. tN1STR0, PRESUMPTIVELY SUBJECT TO THS COMMUNITY INTEREST OF A SPOIISB, IF MARRIED EXCEPTIONS' SEE SCHEDULE B ATTACHED CHARGE: $200.00 TAX. $16.80 ~~GS ~ ~ J~ ~\ ~\ Records examined to MAY 9, 2007 1 at 8:00 AM By ~~~--~ ~a. 1TBITH W- TIIRNER Title Officer (360)456-7878 PIATCRTA/RUA/0999 ' CHICAGO TITLE INSURANCE COMPANY PLAT CHRTIFICATH SCHEDULE A (Continued) Order No.: 7A51T25 LEGAL DESCRIPTION PARCEL B OP BOONDARY LINE ADJUSTMENT NO. BLA-040099 YL, AS RECORDED JANOARY 19, 2005 CINDER AIIDZTOR'S PILfi NOS. 3703811 AND 3703812; IN THURSTON COUNTY, PTASHIN6TON P[A1CRti/ROA/oD99 CHICAGO TITLE INSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B Order No.. ?AS1T25 T}us certificate does not insure against loss or damage by reason of the foUowmg exceptions. GENERAL EXCEPTIONS. A Defects, hens, encumbrances, adverse cleans or other matters, if any, seated, firs[ appearing in the public records or attaching subsequent to [he effective date hereof but pnor to the date the proposed insured acquucs for value of record the estate or interest or mortgage thereon covered by this Commrtment B. Rights or claims of parties in possession not shown by the public records C Encroachments, overlaps, boundary line disputes, and any other matters which would be disclosed by an accurate survey and inspection of the prermses. D. Easements or claims of easements not shown by the public records. E. Any Gen, or nght to Geq for contnbuGons to employee benefit funds, or for state workers' compensation, or for sennces, labor, or matenal heretofore or hereafter funvshed, all as imposed by law, and not shown by the public records F. Liens under the Workmen's Compensation Act not shown by the public records. G. Any sernce, installation, comectioa, maintenance or construction charges for sewer, water, electncrty or gazbage removal. H General taxes not now payable; matters relating to speaal assessments and special levies, d any, preceding or in the same becoming a lien l Reservations or exceptions in patents or m Acts authonzmg the issuance thereof; Indian tribal codes or regulations, Indian treaty or abongmal nghts, including casements or equitable servitudes J. Water nghts, claims, or title to water. K THIS REPORT IS ISSUED AND ACCEPTED UPON THE UNDERSTANDING THAT THE LIABILITY OF THE COMPANY SHALL NOT EXCEED ONE THOUSAND DOLLARS($1000.00). ruraira/sun/wsa • _~. CHICAGO TITLE SNSURANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Continued) Ordcr No : ?A5T72.5 EXCEPTIONS 0 E F G 1. GENERAL AND SPECIAL TAXES AND CHARGES, PAYAELH PEBROARY 15, DELINQUENT IF FIRST HALF UNPAID ON MAY 1, SECOND HALF DELINQUENT IF IINPAID ON NOVENN)BER 1 OF THE TAX YEAR (AMOUNTS DO NOT INCLUDB INTEREST AND PENALTIES): YEAR: 2007 TAX ACCOUNT NUhIDER: 64303600700 LEVY CODE: 170 ASSESSED VALUB-LAND: $ 236,100.00 ASSESSED VALUE-IMPROVEMENTS: $ 18,500.00 GENERAL E SPECIAL TAXES: BILLED: $ 2,781.68 PAID: $ 1,390 84 UNPAID: $ 1,390 84 2. DBED OF TRUST AND THE TERMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICIARY: AMOUNT: DATED: RECORDED: RECORDING NUhffiER: LOAN NUMBER: MICHAEL R. MASTRO CHICAGO TITLH INSURANCH COMPANY FIRST SOUND BANK $ 2,000,000.00 MARCH 16, 2006 MARCH 21, 2006 3816800 10000156 THH AMOUNT NOW SECURED BY SAID DEER OF TRUST AND THE TERMS UPON WHICH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNESS SECURED. 3. DEED OF TRUST AND THH THRMS AND CONDITIONS THEREOF: GRANTOR: TRUSTEE: BENEFICZARY: AMOUNT• DATED: RECORDED' RECORDING NUMBER: LOAN NOPffiER: MICHAEL R. MASTRO CHICAGO TITLE INSIIRANCE COMPANY FIRST SOUND BANK $ 1,000,000.00 MARCH 16, 2006 MARCH 21, 2006 3816601 100001561 THE AMOUNT NOW SECURED SY SAID DEED OF TRUST AND THE TERMS UPON WHZCH THE SAME CAN BE DISCHARGED OR ASSUMED SHOULD BE ASCERTAINED FROM THE HOLDER OF THE INDEBTEDNBSS SECURED. 4. MATTERS WHICH MAY BE DISCL098D BY A SEARCH OP THE RECORDS AGAINST THE NAME OF THE SPOUSE OF MICHAEL R. MASTRO, IF MARRIED. euTCa~ro~/aoa/ww CHICAGO TITLE 1NSLTRANCE COMPANY PLAT CERTIFICATE SCHEDULE B (Cautmued) Order No . 2051725 ~ 5 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF: RECORDED. OCTOBER 6, 2004 RECORDING NVNIDHR: 3679694 REGARDING: WATERLINE EXTENSION WITH THE CITY OF YELM AND COSTS RELATED THERETO B 6. AGREEMENT AND TH8 TERMS AND CONDITIONS THEREOF: RECORDED: OCTOBER B, 2004 RECORDING NUMBER: 3679695 REGARDING: SEWER EXTENSION WITH THE CITY OP YELM AND COSTS RBLATSD THERETO C 7. COVENANTS, CONDITIONS, RESTRICTIONS, BASEMENTS, DEDICATIONS, AGREEMENTS AND NOTES, AS CONTAINED IN BOUNDARY LINH ADJUSTMBNT NO. BLA040099YL, RECORDED VNDER RECORDING NUMBER 3703811 AND 3703812. N 8 RESTRICTIONS LIMITING THE USE OF PORTIONS OF THH PROPERTY LYING WITHIN CERTAIN DISTANCBB OF A WATER WELL AND/OR RHGVLATING THH LOCATION OF A WATER WELL, RHCORDSD UNDER RECORDING NUMBER 3744909. BND OP SCHBaIILE B PLITGR92/RDA/0999 HEARINGS EXAMINER CASE No. SUB-04-0175-YL JOHN'S MEADOWS PRELIMINARY SUBDIVISION Hean xammer Condition How Condition Is Met 1 Those co er lots specified below shall place The civil drawings do not show proposed driveway nd fronts of houses as follows driveway and house locations The conditions Lot -Driveway faces Road B, house fronts of approval have been added to the plan set Roa This will be specifically addressed at the time oY 9 -Driveway faces Road B, house fronts of the building permit for each home R ad B LoC 12 -Driveway faces Road A, house front oad A - ~ ---~~ Lot 27 -Driveway Sates Road A, house ont oad A 28 - Driv ces Road ul-de-Sac, h se fronts Road B Cul-de- 2 he applicant shall ide specific fencing These restrictions will be added to the final plat restric 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 loi with the existing single family residence, created by BLA-04-0099-YL Additional right-of- way may be required 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 ad)acent 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 wdh 35 foot plat shall provide for a minimum 35-foot radius, and radn ma re uue additional n 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 protect 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 provde 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 Protectve fenang shall be installed at the flood zone area dunn 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 F~~ Page 1 of 3 C~ s•k j ~. ~w#Y~r/~N Hearin xammer Condition How Condrtron Is Met 10 An easeme through Tract A to allow the City In uded on Face of Plat of Yelm acces o the plat shoreline area Tract D shall be Great d and recorded on the face of the lat % 11 The licant shall vrde pedestr ccess 5 foot wide access has been provided th to the dedrea s a o en s ace 12 Each dwelling unit with the subdivision shall The civil Ian nnection to the public connect to the Cit water system The connection er system for each lot Fees will be fee and meter fee wrll be established at the time of addressed at the time of individual building buildin 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 merit Guidelines - 14 The applicant shall pay the latecomer fee This will be paid at the time of connection associated 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 feet of a hose spigot shall be submitted previously Irrigation has been served by an irrigation system with a separate provided for the stormwater facilities 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 civil 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 mSpection fee wdl 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 assocated 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 requued 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 avif 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 indicatin lot utilizin individual dr wells this 22 The stormwater system shall be held in The Homeowner's Agreement will include common by the Home'owner'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 merit De artment far and have been submitted as art of the avil ~, ~~ ~~~4 1 ~s~~ ~ ~- ~~ ~ O ~~ - `5 Page 2 of 3 ,i Hearin s Examiner Condition How Condition Is Met review and approval as part of the civil engineering engineering plan set lans rior to final subdivision a roval 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 required during project 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 Crod Plan Submission 26 Street lighting and interior street hghhng will be Alighting plan has be n-provr~e~ required Civil plan submittal shall include a li htin desi n Ian for review and a royal 27 Prior to the submission final plat application, Comple d and addresses are shown on the the applicant will provide the Community fac 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 sde, planter stn s, and stormwaterfacilities 30 The applicant shall provide a performance This has been provided assurance device in order to provide for maintenance of the regwred landscaping until the tenant or homeowner's assoaation becomes responsible for landscaping maintenance The performance assurance device shall be 150 percent of the anticipated cost to maintain the Iandsca ing for three years / ~~ ~~ ~~ Page 3 of 3 City of Yelm ~/ ~~ Community Development-Department 105 Yelm Avenue West P.O. Box 479 Z,Y M Yelm, WA 98597 September 12, 2007 Michael Mastro 510 Rainier Ave S Seattle, WA 98144 Re Second Review Comments for John's Meadows Final Piat 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 m 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 ase address the attached a-mail comments from the Thurston County Assessors Office Artirle of Inc(Ilynratinnneed to be recorded with the state and a copy of the certificate must be provided to the City as a part of final plat review 4 Please address the minor edits to the following document • Declaration of Covenants, Conditions and Restrictions (see attached) • Landscape Maintenance Agreement (see attached) Survey review fees in the amount of $500 00 made payable to Geomatics Land Surveying The following latecomers fees need o e paid prior to City Counal • Sewer - $3,329 73 • Water - $3,845 69 7 Please submit two (2) disks of electronic drawings, one wdi 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 Counal meeting If you have any questions, please contact me at (360) 458-8430 Since ely, ~~ l`~ O~_ Nisha Box Assistant Planner (360) 458-3835 (360) 458-3744 FAX www ci yelm via as ooo~aoGEOMATICS ~®~®®m~®® LAND SURVEYING p2000 PO Box 2550 YELM, WA 98597-2550 703 Yelm Ave W 360-400-LAND Iszbs~ • FAX 360-400-5264 September 7, 2007 City of Yelm Community Development Department Grant Beck, Director PO Box 479 Yelm, WA 98597 Re: Second 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 second review 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 additional information and/or edits. I have also included an original copy of the closure report for the lots, tracts and road dedication. The dimensions of the nght of way, as calculated on the revised closure reports, are consistent with that shown on the revised plat I will not require a third review, as long as you or one of your assistants venfy that our requested additional information and/or edits are completed Please contact me if you have any questions or if you desre additional services. 1 have enclosed Invoice #684 for the amount due of $500 00 for professional services rendered. This amount includes two hours from our first review that was not included on our Invoice #667. Thank you for allowing Geomatics, P.S., Inc. to provide this.professional service. Sincerely, Geomatics, P.S., Inc. ~~ Dennis Baker, PLS Director drb@geomatlcslandsurveymg.com www.geomatlcslandsurveying.com Ge®matics Land Surveying P.O. Box 2550 Yelm, WA 98597-2550 Bdl To Cny of Yelm Community Development Department Grant Beck, Drrec.tor PO Box 479 Yelm, WA 98597 Invoice Date Invoice # 9/7/2007 684 P 0 No Terms Geomahcs No Due on receipt 1561 Item Descnptton Hours Rate Amount Peer Review Peer Review Fvst Revtew and Comment for John's Meadow SUB-04-0175-YL (Previously revrewed - unbdled) Second Review and Comment for John's Meadow SUB-04-0175-YL 2 3 100 00 100 00 200 00 300 00 If you have any questions please call Total asoo 00 PaymentslCredits $0 00 Balance Due ssoo 00 Phone # Fax # E-mail Web Stte (360) 400-6263 (360) 400-s264 drb@geomancslandsurveymg wm www geomattcslandsurveymg com JOHN'S MEADOW DEC TION OF COVENANTS. CONDITIONS AND RESTRICTIONS ~r ~ti ~ x ~~w (!377222 v04 da] - ~ a , Y+9~~ ~ yV i 'l TM~n Table of Contents BACKGROUND .... .. ... ,. 2 DECLARATION ., , .... .... .. ..... 2 ARTICLE I DEFINITIONS 3 ARTICLE TI PROPERTY, DEVELOPMENT PLANS, ADDITIONS TO THE PROPERTY... .... ~ ... .. 4 ARTICLE III COMMON AREAS .. .. .. .... 5 ARTICLE N ASSOCIATION 5 ARTICLE V EASEMENTS 6 ARTICLE VI ASSESSMENTS .. ' 7 ARTICLE VII MAINTENANCE ~ .. 11 ARTICLE VIII ARCHITECTURAL CONTROL COMMITTEE 13 ARTICLE IX ARCHITECTURAL AND LANDSCAPE CONTROL 14 ARTICLE X PERMITTED AND PROHIBITED USES 15 ARTICLE XI INSURANCE REQUIREMENTS 19 ARTICLE XII DAMAGE OR DESTRUCTION . .... ..... 20 ARTICLE XIII CONDEMNATION ~ - - 20 ARTICLE XN MORTGAGEES' PROTECTION 20 ARTICLE XV GENERAL PROVISIONS .. 22 I [1377222 v04 docl ' ^+nr',iq`~,' ' ae i 'kq.~ ~` d, ~' ar. t k t -t ARTICLE I DEFINITIONS Sectton 1 1 "ACC" shall mean the Architectural Control Committee as described m Article VIII Sectton 1 2 "Articles" shall mean the Articles of Incorporation of the Association. Sectton 1 3 "Assessment" or "Assessments" shall mean individual or collective Assessments azrsing out of Arttcle VI including, without limitation, Annual, Special or Reimbursement Assessments Section 14 "Association" shall mean the John's Meadow Homeowners Association, a Washington nonprofit corporation, and its successors and assigns, if applicable Section 1 S "Board" or "Board of Directors" shall mean the Board of Directors of the Association Section 1 6 "Butldei" shall mean any entity or person that or who shall purchase one (1) or more Lots and construct a residence thereon for the purpose of selling or leasing the same Sectton 1 7 "Bylaws" shall mean the Bylaws of the Association Sectton 1.8 "Common Areas" shall mean the portions of the Properly, both real and personal, m which the Assoctatton has been granted an ownership interest, easement, lease or right of control by written instrument, mcludmg, without ltmrtation, this Declaratron and/or by delineation on the Plat of John's Meadow for the use and en3oyment of the Members (excepting easements for maintaining Lots as provided for m Section 5 2(a)) The Common Areas within John's Meadow are legally described on the attached Exhibit "C " Sectton 1 9 "Declarant" shall mean Michael Mastro and Linda Mastro, then successors and assigns, provided, however, that no Successor Declarants) or assignee(s) of Declarant shall have any rights or obligations of Declarant arising out of this Declaratron unless such rights and obligations are specifically set forth in an instrument of succession or assignment duly executed by Declarant Sectton 1 10 "Declaratron" shall mean all of the terms and conditions included in thts Declaratron of Covenants, Conditions and Restrictions, mcludmg without limitation the covenants, restrictions, easements, charges, hens and all other provisions, as they may from time to time be amended to accordance with Section 1 S 6 Sectton 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 I l2 "Federal Mortgage Agencies" shall mean those federal agencies that may have ati interest m the propemes, 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 "First Mortgagee" shall mean a lender who holds the first mortgage or first deed of trust on a Lot and who has notified the Assoaahon m wntrng of its holdings Sectton 1 14 "Fiscal Year" shall mean the accounting year of the Association Section 1 1 S "India) Sale" shall mean the conveyance of a Lot from Declarant to a Budder [7377222 v04 tlocJ e' ~~F Section 2 3 Modification of Plans. The Development Plan may be modified and amended as provided m this Declaation and as provided under City of Yelm development regulations at any time during the time requued Io 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 m nature, and does not bind the Declarant to improve any portion of the Property. ARTICLE III COMMON AREAS Sectmn 3 1 Dedication Upon the recording of the Plat of John's Meadow, the portions of the Property designated as Common Areas were dedicated to the Association. The Common Areas owned by the Association are legally described 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 t~ (a} Tract "A" for open space purposes; 1' ~ T~~ (b) Tract "B" for stormwater detengon facility purposes, and, ~~~ C%t~ - (c) Tract "C" for stormwater detention facility purposes -~-~ Secuon 3 2 Rictht of Association to Adont Reasonable Rules Each Owner shall have a tight of enJoyment and use, together with a nonexclusive easement in, over and through the Common Areas for ingress and egress, which easement shalt be appurtenant to and shalt pass with the title to y; every Lot, subJect to the following provisions -• (a) The tight of the Association to (i) adopt reasonable rules govemmg the use of ~. the Common Areas and the personal conduct of persons authorized to use said Common Areas; and f~, (iQ establish appropnate penalties for the violation of those rules, and •~* (b) The ^ght of the Association to dedicate or transfer by deed or easement all or =t'` 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-thuds (2/3`ds) of each class of Members ~''~= descnbed below m SecAon 4 2 Seaton 3 3 Delectation of Use. Any Owner may delegate Its right of enJoyment to ,y, the Common Areas to its family, tenants and guests, subJect to the limitations set forth m this Declaration 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 ?v ASSDCIATION 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 in the Association Section 4 2 Classes The Association shat! 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 (1) vote be cast with respect to any Lot, and [1377222 v04 tloc] l~-~ •,, t' - rv i `;t Air , SSj~~}F,~; 'ky'!`~a ral-i '~~y°e~ chambers, pressure/gravity sewer commectton Imes and pump status panel, over, under and through the Plat The purpose of the easement rs to provide access for City officers and employees to the Crty owned portion of the S T E P sanitary sewer system The width of the easement shall be five (5) feet on each side of the pipe and etectrtcat Imes as constructed The width of the tank easement shall extend five (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 area that rs necessary for the operauon, maintenance, and any reparr actwrdes on the S T E P system Section S 3 Easement for Assocrahon The Association, the ACC, the Declazant and rts agents, successors and assigns shall have a nonexclustve easement for access to each Lot and to the exterior of any building located thereon during reasonable hours as may be necessary for the following purposes (a) The cleaning, maintenance, repay or replacement of any improvement as provided in Sectron 7 1 (this easement shall also include the reasonable right of entry to the interior of any budding, to the extent necessary to perform the work described in Sectron 7 1); (b) The maintenance, reparr, replacement, or rmprovement of any Common Area accessible from a Lot; (c) Emergency repairs necessary to prevent damage to the Common Areas or to another Lot, or the improvements thereon, (d) The cleaning, maintenance, reparr, or restoration work that the Owner rs required to do, but has faded 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 Govemment Personnel An easement for access by police, fire, rescue and other government personnel rs reserved across all Common Areas as necessary or appropriate for the performance of [heir public duties As stated on the face of the plat of John's Meadow, [he Ctty of Yelm shall have an easement over and across Tract "A" to allow access to Tract "D' Sectron 5 5 Easement for Declarant The Declarant shall have an easement across all Common Areas for ingress, egress, storage and placement of equipment, materials or utilities, 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 trme_of the creation of this Declaration or subsequently acquired by the Declarant that is to be developed by Declarant and is adJacent to or in the vrcimty of the Property - • • - •~ ARTICLE VI ASSESSMENTS Sectron 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 in any such deed or other conveyance, is deemed to agree to pay to the Association (i) "Annual Assessments" or charges, and (ii) "Special Assessments" for capital improvements It3rrzzz voa docl ' ~ y '-xy~ o a ~F y Assessment established for the prior year shall automatically be continued until such time as the Boazd 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 this Declazation and any supp]emen[ary declarations, and (b) Establish an adequate reserve fund for the maintenance, repay and replacement of [hose Common Areas that requue such actions on a penod~c basis Section 6 6 Soec~al Assessments for Capital Imorovements In addd~on to the Annual Assessments authorized above, the Association may levy many assessment year, a Special Assessment applicable to that year only, for the purpose of defraying, in 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`a') of the votes of each class of Members who are voting in person or by proxy at a meeting duly called for [his purpose pursuant to Section 6 11 of this Article. Section 6 7 Reimbursement Assessment In addition to the Association Assessments, the first Owner of each Lot who is not a Builder shall pay at closing to Declarant a Reimbursement Assessment m the amount of Frye 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, including 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, aBuilder shall be personally liable to Declarant for the Assessment plus the cost of collection, including attorney's fees- Section 6 8 Workmg_Caoital Contribution At the time of an Initial Sale of a Lot within the Property the Builder shall pay One Hundred Fifty and 00/100ths Dollars ($150 00) per Lot to the Association as a contribution to the working capital of the Association Sectwn 6 9 Repair Fund Fee(s) NotwRhstandmg all of the other provisions included in this Article VI or m Article VII, below, and without m any way whatsoever diminishing or modifying the vitality of the terms and conditions arising from such other provisions, at the time of an Imual Sale of a Lot within the Property the guilder shall pay to the Declarant a fee m the amount of One Hundred and 00/100ths Dollars ($100 00) per Lot This fee shall be used to perform repairs required as a result of the City of Yelm'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 in lieu of, any and all other maintenance costs, expenses, fees or charges of arty name or characterization azising from the other provisions included this Declazation, generally, including wihout limitation those provided for m Article VII - - - ` Section 6 10 Rate of Assessments Except as provided for in Section 7 3 below, all Assessments shall be fixed at a uniform rate for all Lots within John's Meadow Section 6 11 Notice and Ouorum for any Action Authorized Under Sections 6 3 and/or 6 5 Written notice of any meeting conducted pursuant to Sections 63 or 6 5 of this Article shall be sent to all Members not less than thirty (30) days or more than sixty (60) days in advance of the meeting and shall include a statement explaining of the purpose of the scheduled meeting At the first meeting called for the purposes set forth in Sections 63 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 drstinct class of Membership [1377222 v04 doc] Y~ ix, -1 RYrot ~i /~~,L~`^xT. P: (o'i'ls Shy -;`~~ ~I y )M~1 ARTICLE VII MAINTENANCE Section 7 I Standard of Maintenance -Common Areas The Association shall be obligated to do the following (a) Mamtam, repair and replace all community mailboxes, street fights (tf not maintained by a publtc or private utthty company), the entry signage and any other privately owned improvement installed or constructed by Declarant during the development of the Property (b) Maintain, repay and replace when necessary the landscaping, fencing, recreational amenities, tmgatton systems, stormwater drainage and detention facilmes and appurtenances, and other improvements situated within the Common Areas (c) Mamam, repair and replace when necessary the landscaping regwred along Middle Road, subJect to City of Yelm regulaUOns (d) Maintain, repair and replace the stotmwater systems and facilities thal serve John's Meadow The Board shall be responsible to make all decisions as to the work regmred under this provision All expenses incurred in performing the obhgattons descrtbed m this Arttcle shall be paid for by the Assoctatwn and become part of the Assessments described above m Arttcle VI, provided, however, that if any of such work is required as the result of any negligent or intentional act or omission of any Owner, or fits, her, them or its guests, faintly 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 Maintenance -Other Areas Each Owner shall have the obligation to mamtam fits, her, their or rts Lot and any building, 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 Middle Road on the boundary of the Lot that is adjacent [o those roads, which is to be maintained by the Association All roof drain runoff infiltration systems located on a Lot shall be maintained by the Owner In accordance with the note on the face of the Plat, Owners shall also be responstble 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 Maintain If the Owner of any Lot fails to so mamtam the Lot, buildings, landscaping, fencing, trees, landscaping and/or other improvements to those standards ("Non-Confoiming Owner"), the Association, after approval by two-thuds (2/3`d`) vote of the Board, shall hav_e_the right, through its agents and employees, to enter upon the Lot and to clean, repair, mamtam, and restore the Lot and the exterior of the buildings and other iinprovethents; provided, however, that any alteration or demolition of constructed improvements may only take place after Judicial proceedings are mshmted The cost of such exterior maintenance and all court costs, and attorney's fees incurred in enforcing this provision shall be added to and become part of the Assessments for such Non-Conforming Owner's Lot, fully subJect to the remedial provisions set forth m Article VI Section 7 4 Street Trees and Plandna $Ynps As a condition of approval for John's Meadow, the Declarant was regwred to install certain trees adJacent to the road right of way according to the landscape plan approved by the city of Yelm ("Street Trees") Each Builder or Owner is [1377222 ve4 docl 1 ] ~~~ i tT~~~~' ,z' s~ improvement as a result of construction activities conducted by said Builder or Owner. In the event that such damage occurs, the Builder or Owner agrees to immediately repair or replace same Any Budder or Owner who violates the provismns of this Seaton shall retmburse 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 Budder or Owner does not pay the same upon request, then the Declarant sha[I have a hen against the Lot of said Bmlder or Owner to secure payment of said reimbursement If it cannot be determined which Budder or Owner was responsible for the violation of the above provisions, then the AssociaUOn shall retmburse the Declazant for any expenses incurred by the Declarant within thirty (30) days of receipt of Declarant's request Notwithstanding any other provision in this Declaration, this Section cannot be amended for a period often (10) years after recording of this Declazation Section 7 8 Repairs Required by the Ctty of Yelm Any repairs, modifications, alterations, upgrades, improvements and/or labor, material and/or egwpment required following the Gty of Yelm's inspection of the public roads and private storm drainage system at the end of the designated maintenance penod may be paid for from the proceeds of the Repav Fund Fee(s) collected pursuant to Section 6 9 above and/or, in Declazant's sole discretion, through the procedures set forth herein in Sections 7 4, 7 5, 7 6 and 7 7, generally ARTICLE VIII ARCHITECTURAL CONTROL COM7VIITTEE Section 8 1 Aoaointment and Membershtn There is hereby constituted an Architectural Control Committee (the "ACC") The Declarant shall have the unilateral right to select the members of the ACC, at the Declazant's sole and exclusive option, until each and every Lot is fully developed and a house is constructed thereon Thereafter, the ACC shaIl be appointed by the Board A malonty of the ACC may designate a representative to act for tt, which representative shall be known as the "Control Architect." Section 8 2 Gmdehnes The ACC shall have the authority to adopt and amend written guidehnes to be applied m its review of plans and specifications, in order to further the intent and purpose of this Declaration and any other covenants or restricUOns covering the Property If such guidelines are adopted, they shall be available to all Members upon request Section 8 3 Meetings, Coin~ensation The ACC shall meet as necessary to properly perform its duties, 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 their 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 arty RCC authorized duties Section 8 4 Nonwarver Approval by the ACC of any plans, drawings or specifications shall not be a waiver of the nght to withhold approval of any sunilar plan, drawmg,'spectficahon, or matter submitted for approval. Section 8 5 Liabili 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 t[ has Iurisdichon, 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 [1377222 v04 docj 13 ,~ -,„ tit ,. (g) The proposed and existing (if applicable) landscaptng plan, (h) The proposed and extstmg (if applicable) outdoor hghttng plan, and (i) The materials to be used in proposed construction Approval or disapproval of such plans and specifications shall be evidenced by written notation on such plans and specificatons, 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 spectficattons satisfying and complying with all of the foregoing stated elements are received by the ACC Secton 9 4 Cnteria for ApQroval Approval of plans and specificattons will be withheld or conditioned if the proposed action is at variance with any part of this Declaration including without hmitatton the covenants, other covenants covering the Property, or design guidelines adopted by the ACC Approval may also be withheld or conditioned tf, in the opinion of the ACC, the proposed action will be detrimental 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 lighting proposed, landscaptng plan, or for any other reasonable objection supported by the information reviewed and considered by the ACC Sectton 9 5 ConforrnitYwith Approved Plans It shall be the responsibility of the ACC to determine that the improvement was completed in 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 detetmme 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 thirty (30) days either, (a) Remove or alter the improvement, or (b) Take such other steps as the ACC shall designate to bang the improvement into conformity Section 9 6 Governmental Permits. No construction or extenor addition or change or alteration of any structure may be started on any portion of a Lot without the Owner first obtaining a budding permR and any and all other necessary permits from all governmental entities having jurisdiction over the Property ARTICLE X PERMITTED AND PROHIBITED USES Sectton 10.1 General All Lots shat[ be used solely and exclusively for private smgle- family homes with appurtenant gazages A building site shall consist of not less than one (1) Lot as shown on the Development Plan No Lot shall be divided except with the permission of the ACC and the City of Yelm The boundary between two Lots may be adjusted pursuant to a boundary line adjustment authorized by RCW 59.17 040(6) Any building or structure to be erected, constructed or maintained shall be commensurate in quality with the other homes in the Plat Section 10 2 Dwellmg_Ouahty and Size No home shall be permitted on any Lot without the prior 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 1,400 square feet of rt ,5 ~~:1 ltsnzzz wa aoo] 15 ~~~ „,sa, . ' ~ 4 _~" consttvctton shack and/or trailer during the construction of any approved dwelling and/or during the development of the Property by Declarant Sectton 10 7 Construction The work of construction of all bmldmg and structures shall be prosecuted dtligen[ly and continuously from commencement of construction until the structures are fully completed and painted All structures shall be completed as to external appearance, including siding on the front of the structure and also including finish painting, within six (6) months from the date of commencement of construction Except with the advanced written 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 tine or nearer to [he side street than the minimum buildtng setback ]roes adopted by the governmental authority with jurisdiction over the Plat and/or as shown on the recorded Plat Sectton 10 9 Exterior Liehtiae Exterior lighting of any sort that would be visible from any street or from any other Lot shall not be installed without first obtaining advanced written approval of the ACC Section t0 10 Roofs Roofing materials shalt be archdectural grade composrtron roofing with a minimum life span of 30 years, subject to the conddion that the ACC, m rts sole discretion and upon request, may permit substitution of other roofing materials Sectton 10 11 Dnveways All driveways, including any access to the rear yard of any residence, shall be of a hazd surface construction of concrete Section 10 12 Extenor Frntsh The siding of each home shall be finished with cedar, stone, back (real or simulated), vinyl lap or bevel lap siding Panel srdmg, "T-1-1 I" or the equivalent is not permitted on the front of each home, but is permitted on the other sides of each home A]I colors and any other type material shall be approved by the ACC. All metal fireplace chimneys shall be either wood or stone wrapped The front of each home must contain at least 100 square feet of authentic or simulated brick or stone Section 10 13 Buildme Materials. All improvements constructed on any Lot shall be built of new materials, with the exception of "decor" items such as used back and srmilaz items The ACC will determine rf a used material is a "decor" Item In making this determination, the ACC will consider whether the material harmonizes with the aesthetic character of the other residences and whether the material would add to the attractive development of the Plat. Section 10 14 Garbaee and Refuse Disposal. No garbage, rubbish or cuttings shall be deposited on or lefr on the Lot premises, unless placed in an attractive container suitably located and screened from public view ' Section'10 15 -Storage and Placement of Budding Materials. No building material of any kind shalt be placed or stored upon any portion of the Property in the Plat until the Owner rs 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 in the street or on any Common Area Section 10 16 Nwsances. No noxious or undesirable thing or noxious or undesirable use of the Property shall be permitted 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, including institution of a legal action of the tmpositton of fines to abate any activity, remove anything [t3772?2 v04 dacJ l~ be parked on the public streets. All other vehicles shall be parked in garages or on designated and approved driveways or parking areas located entirely on a Lot Section ]0 27 I~erable 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 vehicle, the ACC shall have the vower to remove the ve icle at the Owner's expense at anytime 24-hours after the posting of an intent to tow notice conspicuously on the vehicle Sectwn 10 28 Recreational Vehicle Proh~brt~on Except with the advanced written approval of the ACC, Owners at no time shall keep or pennit to be kept on their Lot any house trailer, unattached camper, recreational vehicle ("RV"), boat or boat trader, unless the same is housed within a garage or located m the reaz yard and suitably screened from view from the street and adjacent Lot(s) using a solid board fence at least six (ti) feet m height the design of which has been approved by the ACC m advance of the commencement of its construction Section 10.29 Recreational Vehicle L~m~ted Exception Owners who have guests v~sihng them intending to stay m a camper, trailer, or other form of recreational vehicle may secure written permission 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 m any calendar year. The privilege shall only exist, however, after the written pennission has been obtained from the ACC, or rts authorized representative An Owner that stores a recreational vehicle off-site may park the vehicle on the driveway or other unscreened area for twenty-four (24) hours for the purpose of preparing for departure or upon return to facilitate preparation and return from travel Section 10 30 Repair of Vehicles or Egmpment No repau or d~smanthng of any automobile, motorcycle, other vehicle or eginpment shall be permitted on the Property; except w~thm enclosed garage which are kept closed No mechanical repairs shall be conducted upon the premises, except minor maintenance and mechancal work by an Owner on said Owner's private vehicle, provided that any such conduct be m a manner which ~s no[ offensive to persons residing m the Plat, ~s not unsightly, does not result m unusual nose or debris being placed upon the Property and is m keeping with a first-class residential community Section 10 31 Uhhty Lmes• Radio and Television Antennas and Dishes All electrical service, telephone Imes and other outdoor utility Imes shall be placed underground No exposed or exterior radio or telev~s~on transmtss~on or receiving antennas or dishes shall be erected, placed, of maintained on any part of a Lot tf they are vts~ble from any street unless it is approved m advance in writing by the ACC prior to mstallat~on or construction. Any waiver of these restrictions shall not constitute a waiver as to other Lots or fines, antennas or dishes Section ] 0 32 Firearms and Fireworks No firearms or fireworks of any kind shall be discharged within the Plat Section 10 33 Dirt Bikes and/or ATVs No unlicensed motor vehicles, including motorcycles, dut bikes, motor scooters, ATVs, etc ,shall be permitted on any road within the Pla[, 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 in effect such casualty, flood and liability msurahce and/or fidelity bonds needed to meet the insurance and fidelity bond requirements, if any, for a planned unit development project established by Federal National Mortgage Association, Federal (1377222 v04 doc] 19 5~ i , .+.... .~~ S§~ ~e (a) Any material amendment to this Declazation or to the Amcles 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 awazds, (b) The effectuation of any decisron 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 subdmdmg 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 no[ 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, pertarnmg to the architectural design or the exterior appearance of buddmgs 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 maintain fire and extended coverage on insurable Common Areas or commonly owned property on a current replacement cost basis in an amount not less than one-hundred percent (100%) of the insurable value (based on current replacement costs), and (g) Use 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 trmely 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 thts Declaration or the Arttcles 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 m thirty (30) days, and (d) Any material amendment of thts Declazation or to the Articles of Incorporation or Bylaws of the Association Section 14 4 Each First Mortgagee shall be entitled, upon request, to (a) Inspect the books and records of the Association during'normal business hours, (b} Requue the preparation of, at its sole expense, and, if preparation is so regwred, receive an annual audded financial statement of the Assoaahon for the immediately preceding fiscal year, except that such statement need not be furnished earlier than mnety~(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 [1377222 v04 docJ 2 [ 1 lg~,t`,` P . ~ r', , which time they shall be automatically extended for successive penods of ten (t0) 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 m venting, 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 Financine Reouirements Notwithstanding anything m this Declaration to the contrary, Declarant may without the consent of any Owner, at any time prior 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 in order to satisfy the requirements of the Federal Mortgage Agencies. Section 15 8 Certain ffights of Declarant For such time as Declarant shall own Lots there 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) Discnmmate or tend to discriminate against the Dectarant's nghts as an Owner, (b) Change Article I ("Defimtrons") m a manner that alters Declarant's nghts 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 wntten agreements with pubhc or quasi-pubhc agencies regarding John's Meadow (e) Alter Article VU, Sections 7 4, 7 5, 7 6 or 7 7, (f) Alter its rights as set forth m Articles VIII and IX relaung to architectural controls (g) Alter the basis for Assessments (h) Alter the provisions of the use restrictions as set forth m Article X. (i) Alter the number or selection of Directors as established in the Bylaws ~) Alter the Declazant's nghts as they appeaz under this Article IN WITNESS WHEREOF, the undersigned have caused this Declaration to be executed this day of , 2007 Michael R Mastro Linda A Mastro Date• Date• [1377222 v04 doc] 23 ~• Exhibit List Exhibit "A" Legal Description for John's Meadow Exhibit "B" Development Plan for John's Meadow Exhibit "C" Legal Descnption of Common Areas Exhibit "D" Fence Design Guidelines [1377222 v04 doc] 2S ,, EXHIBIT "B" DEVELOPMENT PLAN FOR JOHN'S MEADOW ~~~r N G /~ P~ ~ /~ ~. SGTp-vf [1377222 v04 doc[ z~ Exttrarr "D" Fence Design Gurdelines [~ 3nzz2 Boa doc] 29 From:John L Scott FROM :R PLUS PROPERTY SERVICES May 20, 2007 'lo: John's Meadows 110A c1o Mr. Michael R. Mastro 510 Rainier Avenae South Seattle, VJA 98144 2535367808 08/22/2007 13:37 #359 P.001/002 FRX NO. =25385%046 Rug. 22 2007 12: 14PM P2 A P1,US PROPERTY SERVICF$ 11224 S.F,. 253rd Place ,"went, WA 980030.5600 888-859-3839 A Plus Property Services. ("Seller's offers to furnish labor and materials at the prices and terms set forth below. PROPERTY NAME: John'9 Meadows Monthly Fee $ 1,400.00 Sales Tax 123.20 TOTAT.. $ 1,523.20 ,~' START DA :June 1, 2007 f ' n ~ /~ FND DATE May 31, 200T"- V I/ SSSGGGLLL ~1 ~~' "'""""' PAYMENT '1 MS:~l °i of the month followmg service ~~ lY1e description of duties to be performed by A Plus Property Services is to include grass areas and trccs/shntb beds (frequency delatl attached) and adjlurtment to irrigation system as needed.. This prioo does not include mtunlenunce on retention pnnd- A cost estimate for any additional work, such as additional bark or plant replacement, will be submitted for approval prior to beginning the job, The underet~ad buyer acknowledges awnershlp of the propcrry described aiwve and agroes to du provision set forth above as a binding contract. John' eado Fl A Plus Pmperty Sernr:es AY ~_ ay:~~ lrY4~ 'lit e: em 't'itle: SLver 1?ate: Ma~ 0, 2007 Datt: May 20, 2007 ~ ,- From:John L Scott 2535367808 08/22/2007 13:37 #359 P.002/002 FROM : A PLUS PROPERII' SERV I CE5 FRX NO. :2539596046 fL, g. 22 2~7 12: 14PM P3 A PLUS PROPRRTY SERVIC);S 11224 S.E 253Yd Place Kent, WA 980030-5600 RR8-859-3839 CO RC1AI LANDSCAPF MAIN 1'~NANCL FREOLJENCY BY MONTH Io 's Meadows, Yelm- WA DRSCR1pT10N OF WORK I F M A M 7 J A S O N U T1JRF Mowing 1 1 3 4 $ 4 4 5 4 3 1 1 lYimming l 2 3 4 5 4 4 5 4 7 I 1 Edging 1 I 1 2 3 2 2 3 2 Z 1 1 Peailim 1 0 1 0 1 0 I 0 1 0 I 0 fterblade I 0 0 I 0 n 1 0 0 I D 0 TRRES SHRUBS. & GROUND COVER BEDS Weeding I 1 3 4 5 4 4 5 4 3 l I I'nm Cirrxmd Cover 0 0 1 0 I 0 1 0 1 0 O 0 Trce SncYer A S N E F, U E D Pnafing Sbrubs 0 0 0 1 0 1 0 1 0 0 1 0 Yre-Emergent Herbicide 0 0 D 0 1 0 0 0 0 0 D 1 1'nme Ornamental Tines O 1 0 0 0 0 0 0 0 0 0 t AA ] KC WA1 lSiDF SURGACF . . . SweepingBlowmg P E R V I S 1 T Wceds 1 I 2 2 2 2 2 2 ? 2 2 1 OTHER Leaf Removal I U 0 0 0 0 0 0 1 3 2 2 LIl4.T Y E R V i S l T Brush Pnmmg A S N E G n E D Windfall Lkbris A S N l E D E D IRR7GAT1dN Start-np, Riow Out, 0 U 1 U 0 D 1 O D 1 0 0 Midsmnmer oheck