School Mitigation Agreement 001ao sox ale
YEIm, WaBhingtan 96697
360358.6128
360358-6434 fax
~: Kevin House From: Desiree' McConnell
C« FaGlltlea Secretary 38058-6116
Paw 360468-0164 Pap.ar 11 (Including crnrer sheet)
PFOae: Delo: 811612007
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^ Urgon! ^ For ReWaw ^ Ilesee Cemmanl ~Pleese Repty ^ Ploafo Reeyele
If you neetl any more Infomiatian please let me know...... Desiree
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After recordin¢ ratum_tc:
Yelm Community Schools DisMct No. 2
P. O. Box 476
Yelm, WA 98597
Atm: Erling M. Bakland
MITIGA'T'ION AGREEMENT
Re(ereuea No: SUB•04.0176-YL
Grantor: 1. Michael Mastro
510 Rainier Avenue S
Seattle; WA 98144
Grantee: 1. Yelm Community Schools Dist.2
Legal DeseMptioa: Sec 19, T17N, R2E; 16440 Middle Road SE, Yelm; WA
Auesaor's Property Taa Parcel NumberlAarount Number: 64303600700
THIS MITIGATION AGREEMENT ("Agreement") is made this ~ of n 2007;
between the YELM COMMUNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington ( rstriM")
and Michael Mastro (the "Developer")
R PCiT4f.S
A. The Developer has submitted m application to City of Yelm for the construction of a 50
lot subdivision; near Yelm, Wash. (the "Project"). The Project is located an property that lies within
District boundaries, moro particularly described on Exhibit A, attached hereto end incorporated herein by
reference.
B. The Smte Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides
processes and procedures wheroby major actions by state end local agencies, including, but not limited
to, plat or PUD approval or the issuance of bui]dutg permits, may be reviewed to determine the naturo
and extent of their impact on the environment. Impacts m public services, including schools, ere
environmental impacts for the purposes of SEPA. SEPA requ'ves the mitigation of adverse
mvtronmmtal. impacts.
C. The District's student population and growth projections indicate that the Project will
have an impact on the District, when cumulative impacts of other projects are considered.
D. RCW 82.02.020 authorizes the District to enter IMO a voluntary agreement with the
Developer for payment to mitigate the impact of the Developer's Project.
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YELYi EOMMIIN[TY SCHOOLS 0[aT 2
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E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to racemmend that
the diroct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation
measures where appropriate.
P. The Developer has agreed to mitigate, on a voluntary basis, the sdverse impact of the
Project en the District.
AGREEMENT
KO W, THEREFORE, m consideration of the above recitals and the mutual promises and
covenants below, the District and the Developer agree as follows:
]. The Developer acknowledges end agrees that there is a direct impact on the District as a
result oFthe Develeper's Project and that this Agreement is necessary as a result of that impact.
2. The Developer acknowledges and agrces that in order to mitigate the direct unpact of the
ProjeM, the Developer has offered to pay the District the following sum of monry: Two Thousand Seven
Hundred Eighty Avllms end 00/100 ($2,780,00) for each Im in the subdivisiom or the total sum of One
Hundred Thirty-Nine Thousand Dollars end 00/100 ($139,000,00) (the "Mitigation Payment") for the 50
lots of the subdivision. The amount referenced by this pamgiaph is subject to change pursuant to
paragraph 4 below.
3. Any extension, renewal, modification or amendment tv the Project that results in an
adjustment in the number of lots shall result in a corresponding pro mta adjustment in the Mitigation
Payment.
4. The Developer agrees that the payment of the full Mitigation Payment (ia the amoant of
Two Thousand Seven Hundred Eighty Dollars and 001100 ($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 in the project. Tf building permit issuance does not occur
within Five (5) years from the date of this Agreement, the amount due for mitigation, as stated in
paragmph 2 above, shall be modified to the amount reflected in the then most recent mitigation
agreement to which the bistrict is a party. A copy of such agreement shall be made avai]able to
Developer upon request.
5. Eaa District agrees to record this Agreement after it has been executed by the parties.
6. The Developer acknowledges end agrees that the Mitigation Paymem is authorized to be
used for capital improvements m the following facilities: Fort Stevens Elementary School, Prairie
Elementary School, hackamas Elementary School, Southworh Elemeutary School, Mill Pond
Intermediate School, Ye1m Middle School, and/or Yelm High Schvvl and/or any other facilities that may
be affected by the Project and/or the purohase of portable facilities and/or school buses.
7. The Developer agrees that the Aisaim has five (5) years from the payment date to spend
the Mitigation Payment for the enpital impmvementa or expenditures described in paragraph 6. m the
event that the Mitigation Payment is not expended within those five years, the moneys will be refveded
with interost at the rate applied to judgments to the property owners of record at the Nme of refund;
however, if the Mitigation Payment is not expended within five yeah due to delay which is attributable
to the Developer, the Payment shall be rofundcd without interest.
8. The Developer waives and relinquishes its right to protest or challenge the payment of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever
refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or
challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds,
performance or improvements provided for therein; or any of its terms and conditions, vn any ground or
basis whatsoever.
9. The District hereby waives any objection to the Project as presently proposed.
I0. The District and the Developer agree that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently proposed on the District.
3®37485 Page 2 of 4
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11. This Agreement shat] be binding upon and inure to the benefit of the heirs, executors,
administrators, successors, end assigns of both of the Developer and the District.
12. If an action must be brought to rnforce the terms of this Agreement, such action shall be
brought in Thurston County Superior Court. The prevailing party shall be rntitled 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.
EXHIliIT A
LEGAL DESCRIPTION
General Location: 16440 Middle Road SE
Section 19 Township ]~i Range
Land Area: 17.45 Aorss
lax Parcel Number: 64303600700
YELM COMMUNTCY SCHOOLS DISTRICT N0.2
DATED: ~~ I ~ ~' D~ ~~^ l
By: Alan Burke
Its Superintendent
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON )
I certify that I kaaw or have satisfactory evidence that Alan Burke is the person who appeared
before me, and said person aclmowladged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Superintendent of the Yehn Community
Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument.
GNEN under my hand and official seal this a of 2007
...,rs
F r~'(ENSq r'syt UELIC in and the State of
0• ry Washington, residing at
~N~y~;. t't My Cottnnission Expires.
P ~OS~ .Z4i'
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• e-~9"' 'r = mvZi/i6m, +t: Paoa 3 et 4
rnun ton cauntyawe:ntvme sreement
`~0 ~q lE OF ~~' rcun cossuxrrr scHOOLS oisi z
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DATED: 7 f~ ~ '~
Michael ast
Its' Developer
STATE OF WASHINGTON )
COUNTY OF ~~,~-
I certify that know or have satisfactory evidence that~/a[6f+~is the person who
appeared before me, and said person acknowledged that he signed this instrument on oath stated that he
was authorized to execute the ins[rmnent and acknowledged it ab the applicant for this subdivision to be
the free and voluntary act of such parry for the uses and purposes menti ned in the instnunent.
GNEN under my hand and official seal this ~ day 2007.
r f'tiI
NOTARY PUBLIC in aad the State of
Washingory residing at
My Commission Expves:
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~ YELM CO1~~U111'i'1' SCHOOLS
-ny r, Where all sttrdems can Team and grow l ,y p, ~ /~
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Edina Birkland
Directar of Facilities
March 24, 2005
Mr. Grant Beck
Community Development Director
City of Yelm
PO Sax 479
Yelm, Washington 88597
RE: SEPA#0176
Freestone DFF Yelm II LLC
Dear Mr. Grant: ,
Yehv Community Schools requires mitigation agreements for all subdivisions.
Pleaae include the mitigation provision as part of the SEPA requirements.
Should you have aRV questions pleaee call me at 456-6128.
Sincerely,
~g~ an~`
cilities Director
Yelm Community Schools
109 Fint Stmt Noeth, P. 0. Hn 418, Yelm. WuhlvBtm 88694, (gs~ y6p.612A, PA7C (96W 43&8484
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SEPA NO: 0175
MITIGATED DETERMINATION OF NONSIGNIFICANCE
Proponent
OescripEon of Proposal:
Location of the Proposal:
SectionRownsh IpyRang e:
Threshold Determinetlon:
.....~ ,,,y~.,~.y i.~we,., e.,.
Freestone DFF Yelm II LLC
Subtllvide 77.45 acres Into 50 single-family residential lots. The
project includes the construction of atormwater facilities, Interior
streets, antl sVeet improvemante to Middle Roatl SE.
Tha project site Is Iccaletl on the south side of Middle Road SE,
18440 Mltltlle Road.
Section 19, Township 17 Notth Range 2 East, W M.
The City of Yelm as lead agency for this action has determined that
this proposal of have a probable significant adverse impact on
the environment Therefore, en envronmental impart statement (EIS)
will not be required under RCW 43.21 C.030(2j(c). This decision was
matle afterreview of a completed environmental checklist and other
Information on fie with the lead agency. This information is available
to the public on request.
Lead agency: city of Yelm
Responsible Oificiah Grant Beck, Community Development Director
March 21 2005
te~~ Apri14 2005
// '~Aptil 11, 2005
Development Director
Mitigated Determination of NonSignifcance (MDNS) is issued pursuant to Washington Administretive
Code 197-11-340 (2). Comments must ba submitted to Tami Merriman, Community Development
Department, at City of Yelm, 105 Yelm Avenue West. P.O. Box 479, Yelm, WA 98597, by April 4, 2005,
at 5:00 P. M, The City of Yelm will not act on this proposal prior April 11, 2005, at 5:00 P.M.
You may appeal this determination to the Yelm Hearing Examiner, at above address, by submitting a
Written appeal no later then April 11, 2005 at 5:00 P. M. You should be oreoared to make snedlfe factual
ob ecti n . Contact Grant Beck, Community Development Director, ro learn more about the procedures
for SEPA appeals. This MDNS la not a permit and does B9S by ItseN eenstitute projeM approval. The
applicant must wmply with all applicable requirements of the City of Yelm prior to receiving construction
permits which may include but are not limited to the City of Yelm Comprehensive Plan, Zoning Code (Title
17 YMC), Critical Areas Cotle (Chapter 14.08 YMO), Storm water Drainage Design and Erosion Control
Manual (DOE), Uniform Building Code, State Environmental Polloy Act (SEPA) (Title 14 YMC), Road
Design Standards, Platting antl Subdivision Code (Title 16 YMC), and the Shoreline Master Program.
DO NOT PUBLISH BELOW THIS LINE
Pobiished: Niaqually Valley Nawa. Fdtley, March 25, 2oo5
Posted in puboo aroaai Tueadey, Mamn ]2, aoo5
Copies to: All a9encieercltlEena on 6EPA meilinp lht and ad)acent property awnen
.. Dept. of Edoloay wlche&liet
I i ~LJO ~d r ~9 9S; 79ES :3IL IIJd_ d 3,'~~J IH1 LLZ-'~I.-;]~d
years.
7, Midtlle Roatl Is currently a substandeM road, with the expeptlon of half-road improvements
located in front of the Willow Glenn Subdivision. Frontage improvements, If based on therevised:
doundery Ilnes or the original parcels will create a tllaconnectetl drive lane from Fort Stevens
Elementary to,Praide Creek Estates with partial full:improvgments.
B. ' 'The ashes of actions by the~devejgper, thebountlary Ilrie adjustment followed by a subdNlslon,
unless addressed through. the State Environmental Policy Act, allow the tlevelopment to not meet
concurrenoy requlremehts for transportation Imprbvementa by avoltling the improvement of
Middle Roatl along the smaller parcel.
9. The property is bortleretl on the south side by Yelm Creek, which Is listed as a Shoreline of the
State. There is a flood zone area adjacent to Yelm Creek, which encompasses the creek antl Its
associated wetlands, and extends over 100 feet above the Shoreline Jurisdiction arse. Section
15.32.250 prohibits construction of residential structures, or any construction that resuY,s In any
increase in flood levels.
10. Chapter14.12 YMC requires the dedication of open space for all realtlential development
Section :4.12A50 YMC IistS fpUr (4) attributes for quallflcatlon of open space.
11, TFe Vnm CrMnnl nl¢MIM N¢_ e_dnnb.V e_ ~Fnnl ,n etln ,e.n nM 6n nd .. LL. d.. .d H..
OBW restleoNal Anita Craata fqr add'nlpna aChpp BBNCea and fadities. Add'Rlone demand8 pnY,
the school system will be mitigated through the requirement that the developer enter into a
mitigation agreement with the ~istdct.
II9i z~iiJ c trg~ ;S6 JaFS `.31~al:l~ds P;? °I~r_0 fiHl ~~.n>-'I-`~i'S
YELM COMMOIVITY SCHOOLS
_ Where ald students can /earn and grow
Brlina Bitkland
Director of Facilities
January 26, 2006
Mr. Grant Beck
Community Development Director
City of Yelm
PO Hoz 478
Yelm, Washington 98697
RE: SUB-040176-YL
Criffm Subdivision
Dear Mr. Grant:
Yelm Community Schools requires mitigation agreements for all subdivisions.
Pleaee include the mitigation provision ae part of the SEPA requirements.
Should you have any questions please call me at 458-6128.
~Sincere),v,
L Er ' ukl
F ' 'ties Direct
Yelm Community Schools
]67 F1reE etrort North, P. O. Has 478, Yolm, Weehinglpn 66661. (860) 46B-s183, rnx (063) 468.6436
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,-----
City of Yelm
Community lleaelDpment Department
PO BO% 479
YELL WA 98597
360-458-3835
NOTICE OF APPLICATION
Melletl on: Januerv 24. 2005
PROJECT NAME AND LOCATION: Griffin SuhdiVlslon- Preliminary Plat
18440 Middle Roed SE
UWD USE CASE: SU&04-0175-YL
An epplicetlon submitted by Freestone DFF Yelm II LAC, P.O. Sax 73669, Puyallup, WA 98373, rorthe
above referenced project was received by ilia Cily of Yelm on October 28, 2004. The City hag
determined the applicetlon ro De complete on January 20, 2005. The applloabon and any related
documents ere availahle for public review tluring normal business hours at the Clty of Yelm, 105 Yeim
Avenue W., Yelm WA. FDr eddldonel Inromlatbn, please contatt the Community Development
Department at 3804583835.
PROJECT DESCRIPTION: Subdivide 17.45 acres Into 50 single family lots
ENVIRONMENTAL end OTHER DOCUMENTB 9URMITTED WITH THE APPLICATION: An
Environmental Checklist, a Preliminary Drainage Report, and a Traffic Impact Analysis were submitted
with the apPliceSen.
Atltlitional Inmrmatlon or Project Studlas Requested by ilia City: No additional information la
requested a[ this rime.
No preliminary tlakermination of eonalatency with City tlevebpmant regulations has been made.
At minimum, this protect will be aubJect to the following Plana end regulations: City of Yelm
Comprehensive Plan, Zoning Ttle (17), Critical Areas Ortllnance (14.08), Srorm Water Drainage Design
and Erosion Control Manual (DOE), Uniform Building Code, State Environmental PoOcy Act (SEPA) THIe
(14), Road Daslgh Stantlertls, Platting and SubtlNislon 71t1e (18), entl the Sharaline Master Program.
The Clty of Yelm invitee your wmmerrts early in the review of tole proposal. Comments ehoultl be
tllrectetl to Tami Merriman, CommuniTy Development Department. P.O. box 479, Yelm WA 98587. 360-
458-3835.
THE 1b-DAY PUBLIC COMMENT PERIOD ENDS AT 5:00 PM ON FEBRUARY a, 2005
This notice has been provided ro appropriate local and state egenciea, entl property owners within 300
feet of Me project site. These redplents, and any others who submit a written request to be placed on fhe
mailing list, will also recalVe the following items when evallable er if applicable: Envlranmenlal Threeholtl
Detarnlnedon, Notice of Public Hearing and Netlce of Final Decision. If the proposed project requires a
City Coundl tleclslon, it will be mailed to ell Nose why participate in the public hearing and t0 anyone else
requesting the derision In writlng. Atldlbonally, there will be a 14-day public comment period if en
environmental determination is issued. Oppenunniea for appeal occur wNhin twenty one (21) days eRar
the date the environmental determinedon Is Issued. City Council derision Can be appealed through
Supetlor CouR Appeals of site plan review tledslons may he filed within 14 days of Notice of Final
Decision.
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