TITLE REPORT_1001 Crystal Springs Road_2023-1129SUBDIVISION
Guarantee/Certificate Number:
Issued By:
CTTC230060801
Subdivision Guarantee/Certificate Printed: 11.29.23 @ 12:24 PM
Page 1 WA-CT-FNOY-02150.620142-SPS-1-23-CTTC230060801
CHICAGO TITLE INSURANCE COMPANY
a corporation, herein called the Company
GUARANTEES
Andrey L. Dolgovyazov and SCJ Alliance
herein called the Assured, against actual loss not exceeding the liability amount stated in Schedule A which the Assured
shall sustain by reason of any incorrectness in the assurances set forth in Schedule A.
LIABILITY EXCLUSIONS AND LIMITATIONS
1.No guarantee is given nor liability assumed with respect to the identity of any party named or referred to in Schedule A
or with respect to the validity, legal effect or priority of any matter shown therein.
2.The Company’s liability hereunder shall be limited to the amount of actual loss sustained by the Assured because of
reliance upon the assurance herein set forth, but in no event shall the Company’s liability exceed the liability amount
set forth in Schedule A.
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you
wish additional liability, or assurances other than as contained herein, please contact the Company for further information
as to the availability and cost.
Chicago Title Company of Washington
676 Woodland Square Loop SE, Suite 405
Lacey, WA 98503
Chicago Title Insurance Company
By:
Countersigned By:
Mark Karjalahti
Authorized Officer or Agent
Michael J. Nolan, President
Attest:
Marjorie Nemzura, Secretary
Subdivision Guarantee/Certificate Printed: 11.29.23 @ 12:24 PM
Page 2 WA-CT-FNOY-02150.620142-SPS-1-23-CTTC230060801
CHICAGO TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO.
CTTC230060801
ISSUING OFFICE:
Chicago Title Company of Washington
676 Woodland Square Loop SE, Suite 405
Lacey, WA 98503
Main Phone: (360)456-7878
SCHEDULE A
Liability Premium Tax
$1,000.00 $350.00 $33.25
Effective Date: November 14, 2023 at 08:00 AM
The assurances referred to on the face page are:
That, according to those public records which, under the recording laws, impart constructive notice of matter relative to
the following described property:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
Title to said real property is vested in:
Andrey L. Dolgovyazov, as his separate estate
subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their
priority.
END OF SCHEDULE A
EXHIBIT "A"
Legal Description
Subdivision Guarantee/Certificate Printed: 11.29.23 @ 12:24 PM
Page 3 WA-CT-FNOY-02150.620142-SPS-1-23-CTTC230060801
For APN/Parcel ID(s):22719220113
That portion of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section 19, Township 17 North,
Range 2 East W.M., delinated as Lot 8 of McCloud Estate Testamentary Segregation Survey recorded August 7, 2008
under Recording No. 4028308;
In Thurston County, Washington.
CHICAGO TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO.
CTTC230060801
SCHEDULE B
Subdivision Guarantee/Certificate Printed: 11.29.23 @ 12:24 PM
Page 4 WA-CT-FNOY-02150.620142-SPS-1-23-CTTC230060801
1.General and special taxes and charges, payable February 15, delinquent if first half unpaid on May 1, second half
delinquent if unpaid on November 1 of the tax year (amounts do not include interest and penalties):
Year:2023
Tax Account No.:22719220113
Levy Code:170
Assessed Value-Land: $111,500.00
Assessed Value-Improvements:$0.00
General and Special Taxes:
Billed:$1,069.40
Paid:$1,069.40
Unpaid:$0.00
2.A deed of trust to secure an indebtedness in the amount shown below,
Amount:$264,000.00
Dated:August 29, 2023
Trustor/Grantor:Andrey L. Dolgovyazov
Trustee:Real Estate Management Corporation
Beneficiary:Millennium Trust Company LLC, Custodian FBO Janet Weedman Traditional IRA, as to a
61% undivided interest, and Millennium Trust Company LLC, Custodian FBO Janet Weedman Roth IRA, as to a
39% undivided interest
Loan No.:not disclosed
Recording Date:August 30, 2023
Recording No.:4989169
3.A deed of trust to secure an indebtedness in the amount shown below,
Amount:$21,000.00
Dated:August 29, 2023
Trustor/Grantor:Andrey L. Dolgovyazov
Trustee:Real Estate Management Corporation
Beneficiary:Janet A. Weedman, Roth IRA, as to a 39% undivided interest
Loan No.:not disclosed
Recording Date:August 30, 2023
Recording No.:4989170
4.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on Short
Subdivision No. SS-8014:
Recording No:8702250003
CHICAGO TITLE INSURANCE COMPANY
GUARANTEE/CERTIFICATE NO.
CTTC230060801
SCHEDULE B
(continued)
Subdivision Guarantee/Certificate Printed: 11.29.23 @ 12:24 PM
Page 5 WA-CT-FNOY-02150.620142-SPS-1-23-CTTC230060801
5.Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions, dedications, building
setback lines, notes, statements, and other matters, if any, but omitting any covenants or restrictions, if any,
including but not limited to those based upon race, color, religion, sex, sexual orientation, familial status, marital
status, disability, handicap, national origin, ancestry, or source of income, as set forth in applicable state or federal
laws, except to the extent that said covenant or restriction is permitted by applicable law, as set forth on McCloud
Estate Testamentary Segregation:
Recording No:4028308
6.Easement(s) for the purpose(s) shown below and rights incidental thereto, as granted in a document:
Granted to:Lot owners
Purpose:Ingress, egress and utilities
Recording Date:August 7, 2008
Recording No.:4028309
Affects:Said premises and other property
7.Road Maintenance agreement and the terms and conditions thereof:
Recording Date:August 7, 2008
Recording No.:4028310
END OF SCHEDULE B
3
MW
4oM3or
9
MCCLOUD
ESTATE
TAMENTARY
SEGREGATION
N
IANATED
IN
TIME
NW
1/4
OF
'lllB
NW
114
OF
:
:*:
I;
>
1
',
.
:
:
11
I
NORTH
QUARTER
CORNER
OF
Sl@mRON
19,TOWNSHIP
17
NORTHWESTSECTION
CORNER
FOUND
REBAR
W/ID
CAP
NORTH,
RANGE
2
EAST,
PER
OFSECTION19,TOWNSHP
17
S84'O9'54"W
0.67'
OF
R.O.S.
#3591037
NOT
NORTH,RANGE2EAST,PER
CALCUIATED
POSITION
VISITED
THIS
SURVEY
S
R.O.S.#3591037NOT
E.
TRUE
L.S.
#24227
VISITEDTHISSURVEY
POBLOT
--
S89"38'31"E
1406.03'(R)
703.01-
209.00'
50.21
242.02'
8
__
S89'38'31"E
1328.96'(R)
NWIC
4R
LPO
CHCCICEN
to
LooB
NNE
CO4
N
ib
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LEGEND
SHEDS
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LL
O
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AS
NOTED
--
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POWER
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I
20'
)(
WATER
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L
-
-
O
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AS
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MONUMENT
AS
NOTED
P
8
O
MONUMENT
AS
NOTED
LOT
2
La
WELL
"'-
C
(Ri)PLAT
OF
MOUNTAIN
AIRE
*
o
44843SO
FT
L
0
yQ
i.03ACRES
em
LOT
1
pq
Q
(9)
R.o.s.
sun
#3591037
z
0
46784SQ
FT
mN
(C)
CALCULATED
<
SHED
S89
*21'
04"
E
1.
07ACRES
mm
(M)
MEASURED
u>
2.60
,
---
X
X-
FENCE
209
"A=48.92'
>(
----
----
----
ow
-
OVERHEAD
WIRE
R=100.00'
A
28*01'36"
S89*38'31"E
LOT
3
&
43*14-47"
SURVEYORS
NOTES:
4674380
FT
R=138.00'
PLAY
AREA
105.71
103.29'
i.07ACRES
A=104.16'
1.
THIS
SURVEY
DOES
NOT
PURPORT
TO
SHOW
EASEMENTS
OF
RECORD
----------
-
-----
---------------------
<
OR
THE
LOCATION
OF
UTILITIES
-
EXCEPT
AS
SHOWN.
POB
A=26.56
234.42'
----
a
2.
THE
METHOD
OF
MONUMENT
LOCATION
WAS
FIELD
TRAVERSE.
BE
LOT4
R=100.00
,
a
m
THE
INSTRUMENTS
USED
WERE:
GEODIMETER
PRO,
ROBOTIC
TOTAL
'-
A
15'i3'12
m
a
STATION.
o
A=8.15'
0
S89"23'04"E
181.82
"'(
3.
THIS
SURVEY
MEETS
OR
EXCEEDS
THE
MINIMUM
STANDARDS
SET
4
*
R=10.00.
*
FORTH
IN
WAC332-130.
<P
A
46'42'30"
,
S89'23'04"E
181.14'
4.
BASIS
OF
BEARING:
FOUND
MONUMENTS,
PLAT
OF
MOUNTAIN
AIRE
,6
z
COURT,
HELD
THE
NORTH
LINE
OF
THE
NORTHWEST
GUARTER
OF
9
,
,
SECTION
19
PER
RECORD
OF
SURVEY
3591037.
--
--
_
__
_??1-32
_____
___
5
NO
UTILITIES
WERE
LOCATED
THIS
SURVEY,
ALL
UTILITIES
SHOULD
,
,
r
BE
VERIFIED
PRIOR
TO
ANY
DESIGN
OR
CONSTRUCTION.
o
'7
Jo
9
6,
EASEMENT
AREA
SET
ASIDE
FOR
LOT
4
,*
INGRESS-EGRESS
AND
UTILITIES
43350SG
FT
4
,
A=46.80-
FOR
ALL
LOTS
SHOWN
HEREON
--
-
---
----
--
-
00
i.00ACRES
,
R=62.00'
z
,
A
43*14'47"
**...
A
43'14'47"
O
O
R=100.00'
01
A=75.48'
!O
01
36
LOT
8
(1
3
ft
c1\
..g
308-
O
S89"23'04"E
4676750
FT
gy
A'2*
2
M
*00
00"
'
5L
2T
7
i.07ACRES
....
J
A=94.25'
49461SG
FT
*
O
i.14ACRES
.
o
a
0
I
z
S89*38'13"E(C)
447.53(Ri)
(M)
o
POB
30'
,-
S89*38'i9"E
447.53(Ri)
POB
o
N'
LOTB
st
LOT
5
9
31.2'
118.82
181.19'
42969SG
FT
FOUND
2"
BRASS
DISC
W/X
0.99ACRES
S89'38'19"E
Di
CONCRETE
PER
PLAT
OF
320
MOUNTADI
AHNC
COURT
VISITED
5/15/07
LOT
6
P
o
43229SG
FT
o
0.99ACREs
REFERENCE
INFO:
RECORD
OF
SURVEY
A.F.N.
3591037
8
at
PLAT
OF
MOUNTAIN
AIRE
A.F.N.
9302100039
z
"'
PLAT
OF
HUNTINGTON
GREEN
VOL.
27,
PAGE
40
A.F.N.
9406170163
SW
COR
NE/
4
NW/
4
NW1/4
POB
,
THIS
SURVEY
COMPLIES
WITH
ALL
7'
.
LOT6
5.4
STANDARDS
AND
GUIDELINES
OF
.03.12
75.81
289.42'
-----
S89*38'i9"E
320.00'
.
THE.SURVEY
RECORDING
ACT.
CHAPTER
58.09
RCW
AND
332-130
WAC.
S89"38'19"E
0
POB
FOUND
5/8
REBAR
LOT7
0a
FOUND
5/8
REBAR
W/E
CAP
0
CAP
ON
LINE
KEYES
17.88'
o
!
SHEET
ONE
OF
TWO
7033'
ON
LI
E
L.S.28237
L.S.
16210
.703.23
O
/
GRAPHIC
SCALE:
1"
=
60'
S89"38'06"E
1406.45'(R)
mm
mm
mm
ammmmmmmmmm
NJB'th
COUNpt
Ikt.ASUE
P
0
60'
120'
180'
240
E.
SURVEYOR'S
CERTIFICATE
AUDITOR'S
CERTIFICATE
RECORD
OF
SURVEY
VOrgrekSM
O
THIS
MAP
CORRECTLY
REPRESENTS
A
SURVEY
MADE
BY
FILED
FOR
RECORD
THIS
DAY
OF
FOR:
JANET
McCLOBJD
ME
OR
UNDER
MY
DIRECTION
IN
CONFORMANCE
WITH
THE
Ages
2008,
AT
THE
REQUEST
1107
inW
RHOTON
CRT.
..
y
o
REQUIREMENTS
OF
THE
"SURVEY
RECORDING
ACT"
AT
THE
OF
JIM
GAUTHIER.
inELAI
WA
98597
f'f,CISION
:
*
REQUEST
OF
JIM
GAUTHIER
IN
MAY
OF
2007
AUDITOR'S
FEE
NO
84
LLC
66fTti
haf60men.COM
41
IA
BENTLEY
E.
SHAFER
'''**
DATE:
6/3/2008
JOB
NO:
01075
P.O.BOX11210KTING,WA98560.255-507-5508
EXPIRES:
5-12-10
CERTIFICATE
NO.
35984
DEPUTY
COUNTY
A
OR
c0PYRIGHT
2008,
EVERGREEN
PRECISION
SURVEYING
MCCLOUD
ESTATE
TESTAMENTARY
SEGREGATION
LOCATED
IN
THE
NW1
4
OF
THE
NW1
4
OF
REVISED
LEGAL
DESCRIPTIONS
LOT
1
LOT
5
ObhALDARdOUD
COMMENCING
AT
THE
NORTHEAST
CORNER
OF
THE
NORTHWEST
QUARTER
OF
THE
COMMENCING
AT
THE
SOUTHWEST
CORNER
OF
THE
NORTH
209
FEET
OF
THE
WEST
NORTHWEST
GUARTER
OF
SECTION
19,
TOWNSHIP
17
NORTH,
RANGE
2
EAST
OF
THE
209
FEET
OF
THE
NORTHEAST
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
THE
W.M.;
THENCE
NORTH
89"38'31"
WEST
ALONG
THE
NORTH
LINE
OF
SAID
NORTHWEST
GUARTER
OF
SECTION
19,
TOWNSHIP
17
NORTH.
RANGE
2
EAST
OF
THE
NDRTHWEST
GUARTER
OF
THE
NORTHWEST
GUARTER,
A
DISTANCE
OF
20.00
FEET
TO
W.M.;
THENCE
SOUTH
00
'36'56"
WEST
ALONG
THE
WEST
LINE
OF
THE
NORTHEAST
Los
THE
POINT
OF
BEGINNING:
THENCE
CONTINUE
NORTH
89'38'31"
WEST.
A
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
THE
NORTHWEST
QUARTER
OF
SAID
DISTANCE
OF
181.78
FEET;
THENCE
SOUTH
00
'36'56"
WEST,
A
DISTANCE
OF
SECTION
19,
A
DISTANCE
OF
238.15
FEET
TO
THE
POINT
OF
BEGINNING;
THENCE
NANCYAME
256.92
FEET;
THENCE
SOUTH
89'23'04"
EAST,
A
DISTANCE
OF
181.82
FEET
TO
CONTINUE
SOUTH
00'36'56"
WEST,
A
DISTANCE
OF
213.79
FEET
TO
THE
THE
WESTERLY
MARGIN
OF
CRYSTAL
SPRINGS
ROAD;
THENCE
NORTH
00'36'23"
SOUTHWEST
CORNER
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
EAST
ALONG
SAID
WESTERLY
MARGIN,
A
DISTANCE
OF
257.74
FEET
TO
THE
POINT
THE
NORTHWEST
OUARTER
OF
SAID
SECTION
19;
THENCE
SOUTH
89'38'19"
EAST
OF
BEGINNING.
ALONG
THE
SOUTH
LINE
OF
SAID
NORTHEAST
GUARTER,
A
DISTANCE
OF
75.81
FEET;
THENCE
NORTH
36'55'32"
EAST,
A
DISTANCE
OF
371.92
FEET;
THENCE
-LAdASTERUD
--
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
SOUTH
74
'22'21"
WEST,
A
DISTANCE
OF
308.35
FEET
TO
THE
POINT
OF
AS
SHOWN
ON
SHEET
1.
BEGINNING.
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
Ler5*ce/
LOT
2
AS
SHOWN
ON
SHEET
1.
SALLYMGELOUD
COMMENCING
AT
THE
NORTHEAST
CORNER
OF
THE
NORTHWEST
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
SECTION
19,
TOWNSHIP
17
NORTH,
RANGE
2
EAST
OF
THE
LOT
6
W.M;
THENCE
NORTH
89'38'31"
WEST
ALONG
THE
NORTH
LINE
OF
SAID
NORTHWEST
POINT
OF
BEGINNING-
THENCE
CONTINUE
NORTH
89'38'31"
WEST,
A
DISTANCE
OF
NORTHWEST
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
SECTION
19.
TOWNSHIP
17
JFMCCLOUD
242.02
FEET;
THENCE
SOUTH
27'24'40"
EAST,
A
DISTANCE
OF
303.11
FEET
TO
NORTH,
RANGE
2
EAST
OF
THE
W.M.;
THENCE
SOUTH
89'38'i9"
EAST
ALONG
THE
THE
BEGINNING
OF
A
CURVE
RADIAL
TO
SAID
LINE;
THENCE
NORTHEASTERLY
AND
SOUTH
LINE
OF
SAID
NORTHEAST
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
THE
EASTERLY
A
DISTANCE
OF
48.92
FEET
ALONG
THE
CURVE
CONCAVE
TO
THE
SOUTH,
NORTHWEST
QUARTER
OF
SECTION
19.
A
DISTANCE
OF
75.81
FEET
TO
THE
POINT
HAVING
A
RADIUS
OF
100.00
FEET
AND
A
CENTRAL
ANGLE
OF
28'01'36";
OF
BEGINNING;
THENCE
CONTINUE
SOUTH
89'38'i9"
EAST,
A
DISTANCE
OF
--7
THENCE
SOUTH
89'23'04"
EAST
TANGENT
TO
SAID
CURVE,
A
DISTANCE
OF
52.60
289.42
FEET;
THENCE
NORTH
12'26'16"
WEST,
A
DISTANCE
OF
306.34
FEET;
FEET;
THENCE
NORTH
00"36.'56"
EAST.
A
DISTANCE
OF
256.92
FEET
TO
THE
THENCE
SOUTH
36'55'32"
WEST,
A
DISTANCE
OF
371.92
FEET
TO
THE
POINT
OF
JULIEVANEVERY
POINT
OF
BEGINNING.
BEGINNING.
May
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
P')Cc
AS
SHOWN
ON
SHEET
1.
AS
SHOWN
ON
SHEET
1.
BARBARAMCCLOUDSHANTA
LOT
3
LOT
7
COMMENCING
AT
THE
NORTHEAST
CORNER
OF
THE
NORTHWEST
GUARTER
OF
THE
COMMENCING
AT
THE
SOUTHWEST
CORNER
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
GUARTER
OF
SECTION
19.
TOWNSHIP
17
NORTH,
RANGE
2
EAST
OF
THE
NORTHWEST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
19.
TOWNSHIP
17
L0
W.M;
THENCE
NORTH
89'38'31"
WEST
ALONG
THE
NORTH
LINE
OF
SAID
NORTHWEST
NORTH,
RANGE
2
EAST
OF
THE
W.M.;
THENCE
SOUTH
89'38'19"
EAST
ALONG
THE
/,
GUARTER
OF
THE
NORTHWEST
QUARTER,
A
DISTANCE
OF
443.80
FEET
TO
THE
SOUTH
LINE
OF
SAID
NORTHEAST
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
THE
POINT
OF
BEGINNING;
THENCE
CONTINUE
NORTH
89"38'31"
WEST,
A
DISTANCE
OF
NORTHWEST
GUARTER
OF
SECTION
19,
A
DISTANCE
OF
365.23
FEET
TO
THE
POINT
BINAHMCCLOUD
50.21
FEET
TO
THE
NORTHEAST
CORNER
OF
THE
WEST
209
FEET
OF
THE
OF
BEGINNING;
THENCE
CONTINUE
SOUTH
89"38'19"
EAST,
A
DISTANCE
OF
17.88
NORTHEAST
QUARTER
OF
THE
NORTHWEST
GUARTER
OF
THE
NORTHWEST
OUARTER
OF
FEET
TO
THE
SOUTHWEST
CORNER
OF
THE
SOUTH
145.5
FEET
OF
THE
WEST
300
SECTION
19
TOWNSHIP
17
NORTH,
RANGE
2
EAST
OF
THE
W.M;
THENCE
SOUTH
FEET
OF
THE
EAST
320
FEET
OF
THE
NORTHEAST
GUARTER
OF
THE
NORTHWEST
00
'36'56"
WEST
ALONG
SAID
EAST
LINE
OF
THE
WEST
209
FEET,
A
DISTANCE
OF
GUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
19,
TOWNSHIP
17
NORTH,
209.00
FEET
TO
SOUTH
LINE
OF
THE
NORTH
209
FEET
OF
THE
NORTHEAST
RANGE
2
EAST
OF
THE
W.M.;
THENCE
NORTH
00'36'23"
EAST
ALONG
THE
WEST
GUARTER
OF
THE
NORTHWEST
QUARTER
OF
THE
NORTHWEST
QUARTER
OF
SECTION
LINE
OF
SAID
SOUTH
145.5
FEET
OF
THE
WEST
300
FEET
OF
THE
EAST
320
19
TOWNSHIP
17
NORTH
RANGE
2
EAST
OF
THE
W.M;
THENCE
NORTH
89"38'31"
FEET,
A
DISTANCE
OF
145.50
FEET
TO
THE
NORTH
LINE
OF
SAID
SOUTH
145.5
WEST
ALONG
SAID
SOUTH
LINE
A
DISTANCE
OF
103.29
FEET:
THENCE
SOUTH
FEET
OF
THE
WEST
300
FEET
OF
THE
EAST
320
FEET;
THENCE
SOUTH
50'42'i9"
EAST
A
DISTANCE
OF
243.82
FEET-
THENCE
NORTH
47'22'O9"
EAST,
89'38'i9"
EAST
ALONG
SAID
NORTH
LINE,
A
DISTANCE
OF
118.82
FEET;
THENCE
A
DISTANCE
OF
115.41
FEET
TO
THE
BEGINNING
OF
A
CURVE
TANGENT
TO
SAID
NORTH
00'36.'56"
EAST,
A
DISTANCE
OF
258.54
FEET;
THENCE
NORTH
89"23'04"
LINE;
THENCE
NORTHEASTERLY
A
DISTANCE
OF
26.56
FEET
ALONG
THE
CURVE
WEST,
A
DISTANCE
OF
53.28
FEET
TO
THE
BEGINNING
OF
A
CURVE
TANGENT
TO
CONCAVE
TO
THE
SOUTHEAST
HAVING
A
RADIUS
OF
100.00
FEET
AND
A
CENTRAL
SAID
LINE;
THENCE
WESTERLY
AND
SOUTHWESTERLY
A
DISTANCE
OF
75.48
FEET
ANGLE
OF
15*13'i2"-
THENCE
NORTH
27'24'40"
WEST
RADIAL
TO
SAID
CURVE,
ALONG
THE
CURVE
CONCAVE
TO
THE
SOUTH,
HAVING
A
RADIUS
OF
100.00
FEET
A
DISTANCE
OF
303.11
FEET
TO
THE
POINT
OF
BEGINNING.
AND
A
CENTRAL
ANGLE
OF
43*14'47";
THENCE
SOUTH
47'22'O9"
WEST
TANGENT
TO
SAID
CURVE,
A
DISTANCE
OF
115.41
FEET;
THENCE
SOUTH
12'26'16"
EAST.
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
A
DISTANCE
OF
306.34
FEET
TO
THE
POINT
OF
BEGINNING.
AS
SHOWN
ON
SHEET
1.
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
AS
SHOWN
ON
SHEET
1.
ORIGINALPARCEL
(22719220100)
LOT
4
LOT
8
THENORTHEASTQUARTEROFTHE
NORTHWEST
QUARTER
OF
THE
NORTHWEST
QUARTER
COMMENCING
AT
THE
SOUTHEAST
CORNER
OF
THE
NORTH
209
FEET
OF
THE
WEST
OFSECTION19TOWNSHIP17
NORTH
RANGE
2
EAST
OF
THE
W.M
209
FEET
OF
THE
NORTHEAST
GUARTER
OF
THE
NORTHWEST
GUARTER
OF
THE
COMMENCING
AT
THE
NORTHWEST
CORNER
OF
THE
SOUTH
145.5
FEET
OF
THE
WEST
EXCEPT-
NORTHWEST
GUARTER
OF
SECTION
19.
TOWNSHIP
17
NORTH,
RANGE
2
EAST
OF
THE
300
FEET
OF
THE
EAST
320
FEET
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
THESOUTH145.5FEETOFTHE
WEST
300
FEET
OF
THE
EAST
320
FEET
OF
THE
W.M.;
THENCE
NORTH
89"38'31"
WEST
ALONG
THE
SOUTH
LINE
OF
SAID
NORTH
GUARTER
OF
THE
NORTHWEST
OUARTER
OF
SECTION
19,
TOWNSHIP
17
NORTH,
NORTHEASTQUARTEROFTHE
NORTHWEST
GUARTER
OF
THE
NORTHWEST
QUARTER
OF
209
FEET
OF
THE
WEST
209
FEET,
A
DISTANCE
OF
103.29
FEET
TO
THE
POINT
RANGE
2
EAST
OF
THE
W.M.;
THENCE
SOUTH
89'38'19"
EAST
ALONG
THE
NORTH
SAIDSECTIONig
OF
BEGINNING;
THENCE
CONTINUE
NORTH
89*38'31"
WEST,
A
DISTANCE
OF
LINE
OF
SAID
SOUTH
145.5
FEET,
A
DISTANCE
OF
118.82
FEET
TO
THE
POINT
ALSOEXCEPT;
105.71
FEET
TO
THE
WEST
LINE
OF
THE
NORTHEAST
QUARTER
OF
THE
NORTHWEST
OF
BEGINING;
THENCE
NORTH
00
"36'56
EAST,
A
DISTANCE
OF
258.54
FEET;
THENORTH209FEETOFTHE
WEST
209
FEET
OF
THE
NORTHEAST
GUARTER
OF
THE
QUARTER
OF
THE
NORTHWEST
GUARTER
OF
SAID
SECTION
19;
THENCE
SOUTH
THENCE
SOUTH
89'23'04
EAST,
A
DISTANCE
OF
181.14
FEET
TO
THE
WESTERLY
NORTHWESTGUARTEROFTHE
NORTHWEST
GUARTER
OF
SAID
SECTION
19.
00
'36
56"
WEST
ALONG
SAID
WEST
LINE,
A
DISTANCE
OF
238.15
FEET;
THENCE
MARGIN
OF
CRYSTAL
SPRINGS
ROAD,
THENCE
SOUTH
00
'36
23
WEST
ALONG
SAID
NORTH
74'22'21"
EAST
A
DISTANCE
OF
308.35
FEET;
THENCE
NORTH
50
142'i9"
WESTERLY
MARGIN,
A
DISTANCE
OF
257.74
FEET
TO
THE
NORTH
LINE
OF
THE
WEST
A
DISTANCE
OF
243.82
FEET
TO
THE
POINT
OF
BEGINNING
SOUTH
145.5
FEET
OF
THE
WEST
300
FEET
OF
THE
EAST
320
FEET
OF
THE
'
'
NORTHEAST
GUARTER
OF
THE
NORTHWEST
QUARTER
OF
THE
NORTHWEST
GUARTER
OF
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
SAID
SECTION
19;
THENCE
NORTH
89"38'i9"
WEST
ALONG
SAID
NORTH
LINE,
A
AS
SHOWN
ON
SHEET
4.
DISTANCE
OF
181.19
FEET
TO
THE
POINT
OF
BEGINNING.
SUBJECT
TO
AND
TOGETHER
WITH
EASEMENT
FOR
INGRESS,
EGRESS
AND
UTILITIES
AS
SHOWN
ON
SHEET
1.
SHEET
TWO
OF
TWO
E.
a
SURVEY
FOR:
0
FOR:
JANET
McCLOUD
recision
(
,
LEGAL
DESCRIPTIONS
0
A,R9H8%O7N
CRT.
LLC
BedeyShafer10men.com
a
BENTLEY
E.
SHARR
6/3/2008
JOB
NO:
01075
P.O.BOX11210KTING,WA98360.253-507-5508
m
s-a-m
CERTIFICATE
NO.
35984
COPYRIGHT
2008,
EVERGREEN
PRECISION
SURVEYING
Property Search (/AscendWeb/default.aspx) / Property Summary
Property Account Summary
11/29/2023
Property Number
22719220113
Property Address
1001 CRYSTAL SPRINGS RD
$0.00
$2.92
$33.51
NW , YELM, WA 98597
Tax Balance
No Charges are currently due. If you believe this is incorrect, please contact our Office at 360-786-5550.
Installments Payable/Paid for Tax Year(Enter 4 -digit Year, then Click -Here): 2023
Distribution of Current Taxes
Non -
District Rate(round$)
j Amount Voted Voted
Amount
Amount
CEMETERY DISTRICT #2
CITY OF YELM
CONSERVATION FUTURES
MEDIC ONE
PORT OF OLYMPIA
PUD #1
SE THURSTON FA
STATE OF WASHINGTON
THURSTON COUNTY
TIMBERLAND LIBRARY
YELM S.D. #2
CONSERVATION DISTRICT
NOXIOUS WEED CONTROL
STATE FIRE PATROL
TOTAL
0.04 $4.96
1.02 $114.14
0.03 $2.92
0.30 $33.51
$0.00
$4.96
$0.00
$114.14
$0.00
$2.92
$33.51
$0.00
0.13
$14.13
$0.00
$14.13
0.01
$0.61
$0.00
$0.61
1.31
$146.27
$0.00
$146.27
2.26
$252.20
$0.00
$252.20
0.79
$87.96
$0.00
$87.96
0.24
$26.31
$0.00
$26.31
3.17
$352.96
$352.96
$0.00
$5.10
$0.00
$5.10
$4.83
$0.00
$4.83
$23.50
$0.00
$23.50
9.29 $1,069.40
$386.47
$682.93
Levy Rate History
Tax Year Total Levy Rate
2022 10.98
2021 12.63
2020 12.93
Receipts
Amount Total
Date Receipt No. Applied Amount Receipt Change
to Due Total
Property
04/24/2023
5756029
(ReceiptDetail.aspx?
00:00:00
receiptnumber=5756029)
5663992
11/18/2022
(ReceiptDetail.aspx?
10:48:00
receiptnumber=5663992)
03/07/2022
5455801
(ReceiptDetail.aspx?
11:14:00
receiptnumber=5455801)
05/13/2021
5344480
(ReceiptDetail.aspx?
10:08:00
receiptnumber=5344480)
03/23/2021
5241928
(ReceiptDetail.aspx?
09:44:00
receiptnumber=5241928)
01/16/2020
5006796
(ReceiptDetail.aspx?
09:50:00
receiptnumber=5006796)
10/26/2018
4754727
(ReceiptDetail.aspx?
09:51:00
receiptnumber=4754727)
04/23/2018
4645236
(ReceiptDetail.aspx?
15:22:00
receiptnumber=4645236)
General Information
Alternate Property #
$1,069.40 $1,069.40 $1,069.40 $0.00
$1,677.34 $1,677.34 $1,677.34 $0.00
$782.00 $782.00 $782.00 $0.00
$706.05 $1,398.25 $706.05 $0.00
$1,167.52 $1,167.52 $1,167.52 $0.00
$908.33 $908.33 $908.33 $0.00
$289.56 $289.56 $289.56 $0.00
$289.55 $579.11 $289.55 $0.00
Property Description Section 19 Township 17 Range 2E Quarter NW NW
Testamentary Division LT 8 Document 4028308
Property Category Land and Improvements
Status Active, Locally Assessed
Tax Code Area 170
Remarks
Property Characteristics
Use Code 91 Undeveloped Land
Size in Acres 1.07
Related Properties
No Related Properties Found
Parties
Role Percent Name Address
ANDREY L 1115 E 63RD ST,
Taxpayer 100 TACOMA, WA
DOLGOVYAZOV 98403
ANDREY L 1115 E 63RD ST,
Owner 100 DOLGOVYAZOV TACOMA, WA
98403
Property Values
Tax Year Tax Year Tax Year Tax Tax
Value Type 2023 2022 2021 Year Year
2020 2019
Taxable Value Regular
$111,500
$139,700
$107,400
$74,400
$67,300
Exemption Amount Regular
$0
$0
$0
$0
$0
Market Total
$111,500
$139,700
$107,400
$74,400
$67,300
Assessed Value
$111,500
$139,700
$107,400
$74,400
$67,300
Market Land
$111,500
$139,700
$107,400
$74,400
$67,300
Market Improvement
$0
$0
$0
$0
$0
Personal Property
$0
$0
$0
$0
$0
Active Exemptions
No Exemptions Found
Developed by Aumentum Technologies.
@2005-2020 All rights reserved.
Version 4.5.0.0
When recorded return to:
Andrey L Dolgovyazov
1115 East 63rd Street
Tacoma, WA 98404
TICOR
70201270
4958716 Pages:3
11/15/2022 09:45 AM D
Thurston County, Washington
CHICAGO TITLE LACEY
Thurston County Treasurer
E030120 $3,200.00
11 /15/2022 �e--
Chicago Title
220055587
STATUTORY WARRANTY DEED
THE GRANTOR(S) Barbara Shanta, who aquired title as Barbara McCloud, a married woman as her
separate estate
for and in consideration of Ten And No/100 Dollars ($10.00) , and other valuable consideration
in hand paid, conveys, and warrants to Andrey L Dolgovyazov, an unmarried person
the following described real estate, situated in the County of Thurston, State of Washington:
That portion of the Northeast quarter of the Northwest quarter of the Northwest quarter of Section
19, Township 17 North, Range 2 East W.M., delinated as Lot 8 of McCloud Estate Testamentary
Segregation Survey recorded August 7, 2008 under Recording No. 4028308;
In Thurston County, Washington.
Abbreviated Legal: (Required if full legal not inserted above.)
Tax Parcel Number(s): 22719220113
Subject to:
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
statutory Warranty Deed (LPS 10.05)
WA0000059.6cc f Updated: 03.07.22 Page 1 WA-TT-FNWT-02840.664403-70201270
Q
4958716 Page 2 of 3 11/15/2022 09:45 AM Thurston County WA
STATUTORY WARRANTY DEED
(continued) -
Dated: November 8, 2022
Barbara Shanta
State of Washington
County of Bj t.[ t '`� rb t i ;
This record was acknowledged before me on 1 ' !=1 by Barbara Shanta_
d � �
f ,
(Signature of notdN public) A
Notary Public in #nd. for the State of
My appointmenf'expires:
=MERWT
cIW09113r 24,1025
For clarification purposes
Notary seal:
amy merritt notary public state
of washinton commission #190915 my
comm expires mar 24, 2025
statutory Warranty Deed (LPB 10-05)
WA0000059.doc/ Updated: 03.07.22 Page 2 WA-7r-FNWT-02840.661403.70201270
4958716 Page 3 of 3 11/15/2022 09:45 AM Thurston County WA
EXHIBIT "A"
Exceptions
1. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions,
dedications, building setback lines, notes, statements, and other matters, if any, but omitting
any covenants or restrictions, if any, including but not limited to those based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap, national
origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to
the extent that said covenant or restriction is permitted by applicable law,, as set forth on Short
Subdivision No. SS -8014:
Recording No: 8702250003
2. Covenants, conditions, restrictions, recitals, reservations, easements, easement provisions,
dedications, building setback lines, notes, statements, and other matters, if any, but omitting
any covenants or restrictions, if any, including but not limited to those based upon race, color,
religion, sex, sexual orientation, familial status, marital status, disability, handicap, national
origin, ancestry, or source of income, as set forth in applicable state or federal laws, except to
the extent that said covenant or restriction is permitted by applicable law, as set forth on
McCloud Estate Testamentary Segregation:
Recording No: 4028308
3. Easements) for the purpose(s) shown below and rights incidental thereto, as granted in a
document:
Granted to:
Lot owners
Purpose:
Ingress, egress and utilities
Recording Date:
August 7, 2008
Recording No.:
4028309
Affects:
Said premises and other property
4. Road Maintenance agreement and the terms and conditions thereof:
Recording Date: August 7, 2008
Recording No.: 4028310
Statutory Warranty Dead (LPB 10.05)
WA0000059.doc /'Updated: 03.07.22 Page 3 WA-TT-FNWT-02840.661403-70201270
Filedforrecordattherequestof:
PugetSound Investors
P.O.Box 21 16
Mount Vernon,WA 98273
DOCUMENT TITLE:DEED OF TRUST
GRANTOR:DOLGOVYAZOV,ANDREY L.
GRANTEE/BENE.:MillenniumTrustCompany,LLC,CustodianFBO JanetWeedman,Traditional
IRA and MillenniumTrustCompany,LLC,CustodianFBO JanetWeedman,
Roth IRA
GRANTEE/TRUSTEE:REAL ESTATE MANAGEMENT CORPORATION
LEGAL DESC.:Lot 8 McCloud EstateTestamentarySubdiv SurveyAFN 4028308;PTN NW 1/4
NW 1/419-17-2E
TAX PARCEL NO.:227192201130
DEED OF TRUST
THIS DEED OF TRUST,made this M day of August,2023,between ANDREY L.
DOLGOVYAZOV,GRANTOR,whose mailing addressis 1516 Seventh Ave.SW,Puyallup,WA
98371,REAL ESTATE MANAGEMENT CORPORATION,a Washington Corporation,TRUSTEE,
the addressof which is P.O.Box 2116,Mount Vernon,WA 98273,and MILLENNIUM TRUST
COMPANY LLC,CUSTODIAN FBO JANET WEEDMAN TRADITIONAL IRA,as to an 61%
UNDIVIDED INTEREST,and MILLENNIUM TRUST COMPANY LLC,CUSTODIAN FBO
JANET WEEDMAN,ROTH IRA,as to a 39%UNDIVIDED INTEREST,BENEFICIARY,theaddress
of which is2001 SpringRoad,Suite700,Oak Brook,IL 60523.
WITNESSETH:Grantor,in considerationof the acceptanceby Trusteeof thetrusthereunder,and of
othergood and valuableconsideration,the receiptand sufficiencyof which ishereby acknowledged,
and in orderto securethe payment of the indebtednessevidencedby the promissorynoteof even date,
with interestthereon,and any other sums payable thereunderand hereunder,and to secure the
performanceof the obligationscontainedherein,grants,bargains,sellsand conveys to Trusteeand its
successorsand assignsforever,in trust,with power of sale,rightof entry,and possessionand forthe
benefitof the Beneficiary,allof Grantor'sestate,right,title,interest,claimand demand intheproperty
locatedinThurstonCounty,Stateof Washington,describedas follows:
(a)Legal Description:
That portionof the Northeastquarterof the Northwest quarterof the Northwest quarterof
Section19,Township 17 North,Range 2 East W.M.,delineatedas Lot 8 of McCloud Estate
TestamentarySegregationSurvey recordedAugust 7,2008,under RecordingNo.4028308;
In ThurstonCounty,Washington.
p.1 of5 -Deed ofTrust
(b)All buildings,structuresand otherimprovements now or hereaftererectedon therealproperty;
(c)All fixturesand tradefixturesused in associationwith the improvements on therealproperty;
(d)All personalpropertyplacedupon or used inconjunctionwith therealproperty;
(e)All of theGrantor'srightsas landlordinand to allexistingand futureleasesand tenancies,
whether writtenor oral,and any issuesor profitsthereof.
(f)The rightsto theproceedsof saleof any of theforegoing.
The describedrealpropertyisnot used principallyforagriculturalpurposes (which isdefinedas an
operationto producecrops,livestockor aquaticgoods),togetherwith allthetenements,hereditaments,
and appurtenancesnow or hereafterthereuntobelongingor in any wise appertaining,and the rents,
issuesand profitsthereof.
This deed isforthepurposeof securingperformanceof each agreementof grantorhereincontained,and
payment of the sum of TWO HUNDRED SIXTY FOUR THOUSAND and NO/100 (US
$264,000.00)DOLLARS with interest,inaccordancewith theterms of a promissorynoteof even date
herewith,payableto Beneficiaryor order,and made by Grantor,and allrenewals,modificationsand
extensionsthereof,and alsosuch furthersums as may be advanced or loanedby Beneficiaryto Grantor,
or any of theirsuccessorsor assigns,togetherwith interestthereonatsuch rateas shallbe agreedupon.
The term "Grantor"as used inthisagreementincludesthe "Borrower"as definedinRCW 61.24,ifthe
Borrower isa personor entityotherthanthe Grantor.
To protectthesecurityof thisDeed of Trust,Grantorcovenantsand agrees:
1.To keepthepropertyingood conditionand repair;topermitno wastethereof;tocompleteany
building,structureor improvementbeingbuiltor aboutto be builtthereon;to restorepromptlyany building,
structureorimprovementthereonwhich may be damaged ordestroyed;and tocomplywithalllaws,ordinances,
regulations,covenants,conditionsandrestrictionsaffectingtheproperty.
2.Grantorshallnot cause,conductor permitany nuisancenor commit,permit,or sufferany
strippingof orwasteon ortothepropertyor any portionoftheproperty.Withoutlimitingthegeneralityofthe
foregoing,Grantorwillnotremove,orgranttoanyotherpartytherighttoremove,anytimber,minerals(including
oiland gas),soil,gravel,orrockproductswithoutthepriorwrittenconsentofLender.
3.Lenderand itsagentsand representativesmay enterupon theRealPropertyatallreasonable
timestoattendtoLendersinterestsandtoinspectthepropertyforpurposesofGrantor'scompliancewiththeterms
and conditionsofthisDeed ofTrust.
4.To pay beforedelinquentalllawfultaxesand assessmentsupon the property;to keep the
propertyfreeand clearofallothercharges,liensorencumbrancesimpairingthesecurityofthisDeed ofTrust.
5.To keep allbuildingsnow or hereaftererectedon thepropertydescribedhereincontinuously
insuredagainstlossby fireorotherhazardsinan amountnotlessthanthetotaldebtsecuredby thisDeed ofTrust.
Allpoliciesshallbe heldby theBeneficiary,and be insuchcompaniesastheBeneficiarymay approveand have
losspayablefirsttotheBeneficiary,as itsinterestmay appear,and thento theGrantor.The amount collected
underany insurancepolicymay be appliedupon any indebtednessherebysecuredinsuchorderastheBeneficiary
shalldetermine.Such applicationby the Beneficiaryshallnot causediscontinuanceof any proceedingsto
foreclosethisDeed of Trust.In theeventof foreclosure,allrightsof theGrantorininsurancepoliciesthenin
forceshallpasstothepurchaserattheforeclosuresale.
6.To defendany actionor proceedingpurportingto affectthesecurityhereofor therightsor
powersof Beneficiaryor Trustee,and topay allcostsand expenses,includingcostoftitlesearchand attorney's
feesina reasonableamount,inany suchactionorproceeding,and inany suitbroughtbe Beneficiarytoforeclose
thisDeed ofTrust.
7.To pay allcosts,feesandexpensesinconnectionwiththisDeed ofTrust,includingtheexpenses
oftheTrusteeincurredinenforcingtheobligationsecuredherebyand Trustee'sfees,attorney'sfees,appraisalfees
(includingthoserelatedtoany actionfora deficiencyjudgment)actuallyincurred,asprovidedby statute.
p.2 of5 -Deed ofTrust
8.Should Grantorfailto pay when due any taxes,assessments,insurancepremiums,liens,
encumbrancesorotherchargesagainstthepropertyhereinabovedescribed,Beneficiarymay pay thesame,andthe
amount so paid,withinterestattheratesetforthinthenotesecuredhereby,shallbe addedtoand become a part
ofthedebtsecuredinthisDeed ofTrust.
IT IS MUTUALLY AGREED THAT:
1.Intheeventany portionofthepropertyistakenordamaged inan eminentdomainproceeding,
theentireamountoftheawardorsuchportionasmay be necessarytofullysatisfytheobligationsecuredhereby,
shallbe paidtoBeneficiarytobe appliedtosaidobligation.
2.By acceptingpaymentofany sum securedherebyafteritsdue date,Beneficiarydoesnotwaive
itsrighttorequirepromptpaymentwhen due of allothersums so securedortodeclaredefaultforfailuretoso
pay.
3.The Trusteeshallreconveyallorany partofthepropertycoveredby thisDeed ofTrusttothe
personentitledthereto,on writtenrequestoftheGrantorandtheBeneficiary,orupon satisfactionoftheobligation
securedand writtenrequestforreconveyancemade by theBeneficiaryorthepersonentitledthereto.
4.Each ofthefollowing,attheoptionoftheBeneficiary,shallconstituteaneventofdefaultunder
thisDeed ofTrust:
a.DefaultinIndebtedness:FailureofGrantortomake any paymentwhen due on theindebtedness.
b.Defaulton OtherPayments:FailureofGrantorwithinthetimerequiredby thisDeed ofTrusttomake
any paymentfortaxesor any otherpaymentnecessaryto preventfilingof or toeffectdischargeof any
lien.
c.ComplianceDefault:Failureof Grantorto comply with any otherterm,obligation,covenantor
conditioncontainedinthisDeed ofTrustorNote.
d.DefectiveCollateralization:ThisDeed ofTrustceasestobe infullforceandeffectatanytimeforany
reason.
e.Foreclosure:Commencement of foreclosureproceedings,whetherby judicialproceeding,self-help,
repossessionorany othermethod,by any creditorofGrantororby anygovernmentalagencyagainstany
oftherealpropertydescribedherein.
5.Upon occurrenceofanyeventofdefaultandatanytimethereafter,allsums securedherebyshall
immediatelybecome due andpayable,attheoptionoftheBeneficiary.Insucheventandupon writtenrequestof
Beneficiary,Trusteeshallsellthetrustproperty,in accordancewith the Deed of TrustAct of the Stateof
Washington,atpublicauctiontothehighestbidder.PursuanttoRCW 62.9-501(4),ifthisdeedoftrustencumbers
bothrealand personalproperty,thetrusteeisauthorizedto sellallor any portionof thegrantor'sinterestinthe
realand personalpropertyatthetrustee'ssale.Any personexceptTrusteemay bidatTrustee'ssale.Trusteeshall
applytheproceedsofthesaleasfollows:(1)totheexpenseofthesale,includingareasonableTrustee'sfeeand
attorney'sfee;(2)totheobligationsecuredby thisDeed ofTrust;(3)thesurplus,ifany,shallbe distributedtothe
personsentitledthereto.With regardtoanypersonalproperty,fixtures,assignmentsofchoses,suchsecuritymay
be foreclosedasprovidedherein,orasmay otherwisebe providedby law.
6.NothinghereincontainedshallprohibitBeneficiaryfrom pursuingany otherremedy available
toitoritssuccessoratlaw.Specifically,BeneficiaryorTrusteeshallbe entitledtotakepossessionofanyproperty
definedas securityhereunder,to marshaltheassetsdefinedas securityhereunder,and to theappointmentof a
receiverinthemannerprovidedby law,withoutregardtothesufficiencyofthepropertyorany othersecurityfor
theindebtednesssecuredhereby,whichreceivershallbe entitledtocollecttherents,profits,proceedsofsale,or
otherincome generatedby thepropertyused as securityhereunder,and theapplicationof such sums to the
indebtednessowed Beneficiary.Beneficiary,or Beneficiary'sagentor designee,shallbe entitledto actinthe
capacityofreceiverwithoutnecessityof appointmentby thecourthavingjurisdiction,and withoutbond.Inthe
eventBeneficiaryobtainstheappointmentofa receiverfrom a courtof competentjurisdiction,Beneficiarymay
so actormay designateBeneficiary'sagentsotoact,withoutbond totheextentallowedby law.The costsofsuch
receivershipshallbe addedtoand become a partofthedebtsecuredby thisDeed ofTrust.
7.Trusteeshalldelivertothepurchaseratthesaleitsdeed,withoutwarranty,which shallconvey
tothepurchasertheinterestinthepropertywhich Grantorhad or had thepower to conveyatthetimeof his
executionofthisDeed ofTrust,and suchashe may haveacquiredthereafter.Trustee'sdeedshallrecitethefacts
showingthatthesalewas conductedincompliancewithalltherequirementsof law and of thisDeed of Trust,
p.3 of5 -Deed ofTrust
whichrecitalshallbe primafacieevidenceof suchcomplianceand conclusiveevidencethereofinfavorofbona
fidepurchasersand encumbrancersforvalue.
8.The power ofsaleconferredby thisDeed ofTrustand by thedeedofTrustAct oftheStateof
Washingtonisnotan exclusiveremedy;Beneficiarymay causethisDeed ofTrusttobe foreclosedasa mortgage.
9.In theeventofthedeath,incapacity,disabilityorresignationofTrusteeortheelectionofthe
beneficiarytoreplacethetrustee,Beneficiarymay appointinwritinga successortrustee,and upon therecording
of suchappointmentinthemortgagerecordsofthecountyinwhichthisDeed ofTrustisrecorded,thesuccessor
trusteeshallbe vestedwithallpowersoftheoriginaltrustee.The trusteeisnotobligatedtonotifyanypartyhereto
of pendingsaleunderany otherDeed of Trustor of any actionor proceedingin which Grantor,Trusteeor
Beneficiaryshallbe a partyunlesssuchactionorproceedingisbroughtby theTrustee.
10.ThisDeed of Trustappliesto,inuresto thebenefitof,and isbindingnotonlyon theparties
hereto,buton theirheirs,devisees,legatees,administrators,executorsand assigns.The term Beneficiaryshall
mean theholderand owner ofthenotesecuredhereby,whetherornotnamed asBeneficiaryherein.
I1.ThisDeed ofTrustispersonaltotheGrantorherein.Intheeventofthesale,lease,assignment
ortransferofallor a partoftheGrantor'sinterestintherealproperty,whetherlegal,beneficialorequitable,the
fullbalanceofprincipaland interestdue on theNote securedby thisDeed of Trustshallbe due and payablein
full.
Address forserviceof process:
1516 SeventhAve.SW
Puyallup,WA 98371
AN Y L.DOLGOVYAZOV
STATE OF WASHINGTON )
)ss.
County of 8M )
On thisday personallyappeared beforeme,the undersigned,a Notary Publicin and forthe Stateof
Washington,duly commissioned and sworn,ANDREY L.DOLGOVYAZOV,to me known to be the
individualwho executedthe foregoinginstrumentas hisfreeand voluntaryactand deed forthe uses
and purposesthereinmentioned.
Witnessmy h officialsealthis day of August,2023.
NOTARY PU LI n or the Stateof BIANCA LANG
Washingto residin t i t.1 NOTARY PUBLIC#160647
My appoi ment ex ires L{(¡c)
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 19,2025
p.4 of5 -Deed ofTrust
REQUEST FOR FULL RECONVEYANCE
Do Not Record.To be used only when note has been paid.
TO:TRUSTEE
The undersignedisthe legalowner and holderof the note and allotherindebtednesssecuredby the
withinDeed of Trust.Saidnote,togetherwith allotherindebtednesssecuredby saidDeed of Trust,has
been fullypaidand satisfied;and you areherebyrequestedand directed,on payment toyou of any sums
owing to you undertheterms of saidDeed of Trust,to cancelsaidnote above mentioned,and allother
evidencesof indebtednesssecuredby saidDeed of Trustdeliveredto you herewith,togetherwith the
saidDeed of Trust,and to reconvey,withoutwarranty,to the partiesdesignatedby the terms of said
Deed of Trust,alltheestatenow heldby you thereunder.
Dated this day of ,20 .
p.5 of5 -Deed ofTrust
Filedforrecordattherequestof:
PugetSound Investors
P.O.Box 21 16
Mount Vernon,WA 98273
DOCUMENT TITLE:DEED OF TRUST
GRANTOR:DOLGOVYAZOV,ANDREY L.
GRANTEE/BENE.:WEEDMAN,JANET A.
GRANTEE/TRUSTEE:REAL ESTATE MANAGEMENT CORPORATION
LEGAL DESC.:Lot 8 McCloud EstateTestamentarySubdiv SurveyAFN 4028308;PTN NW 1/4
NW 1/419-17-2E
TAX PARCEL NO.:227192201130
DEED OF TRUST
THIS DEED OF TRUST,made thisMay of August,2023,between ANDREY L.
DOLGOVYAZOV,GRANTOR,whose mailingaddress is 1516 Seventh Ave.SW,Puyallup,WA
98371,REAL ESTATE MANAGEMENT CORPORATION,a Washington Corporation,TRUSTEE,
theaddressofwhich isP.O.Box 2116,Mount Vernon,WA 98273,and JANET A.WEEDMAN,ROTH
IRA,as to a 39%UNDIVIDED INTEREST,BENEFICIARY,whose addressis 5703 SugarloafSt.,
Anacortes,WA 982212001 SpringRoad,Suite700,Oak Brook,IL 60523.
WITNESSETH:Grantor,inconsiderationof the acceptanceby Trusteeof the trusthereunder,and of
othergood and valuableconsideration,the receiptand sufficiencyof which ishereby acknowledged,
and in orderto securethe payment of the indebtednessevidencedby the promissorynoteof even date,
with interestthereon,and any other sums payable thereunderand hereunder,and to secure the
performanceof the obligationscontainedherein,grants,bargains,sellsand conveys to Trusteeand its
successorsand assignsforever,in trust,with power of sale,rightof entry,and possessionand forthe
benefitof theBeneficiary,allof Grantor'sestate,right,title,interest,claimand demand intheproperty
locatedinThurstonCounty,Stateof Washington,describedas follows:
(a)Legal Description:
That portionof the Northeastquarterof the Northwest quarterof the Northwest quarterof
Section19,Township 17 North,Range 2 East W.M.,delineatedas Lot 8 of McCloud Estate
TestamentarySegregationSurvey recordedAugust 7,2008,under RecordingNo.4028308;
In ThurstonCounty,Washington.
(b)All buildings,structuresand otherimprovements now or hereaftererectedon the realproperty;
(c)All fixturesand tradefixturesused in associationwith the improvements on therealproperty;
(d)All personalpropertyplacedupon or used inconjunctionwith therealproperty;
p.1 of5 -Deed ofTrust
(e)All of theGrantor'srightsas landlordin and to allexistingand futureleasesand tenancies,
whether writtenor oral,and any issuesor profitsthereof.
(f)The rightsto theproceedsof saleof any of the foregoing.
The describedrealpropertyisnot used principallyforagriculturalpurposes(which isdefinedas an
operationto producecrops,livestockor aquaticgoods),togetherwith allthetenements,hereditaments,
and appurtenancesnow or hereafterthereuntobelongingor in any wise appertaining,and the rents,
issuesand profitsthereof.
This deed isforthepurposeof securingperformanceof each agreementof grantorhereincontained,and
payment of thesum of TWENTY ONE THOUSAND and NO/100 (US $21,000.00)DOLLARS with
interest,inaccordancewiththetermsof a promissorynoteof even dateherewith,payableto Beneficiary
or order,and made by Grantor,and allrenewals,modificationsand extensionsthereof,and alsosuch
furthersums as may be advanced or loaned by Beneficiaryto Grantor,or any of theirsuccessorsor
assigns,togetherwith interestthereonatsuch rateas shallbe agreedupon.The term "Grantor"as used
inthisagreementincludesthe "Borrower"as definedinRCW 61.24,iftheBorrower isa personor entity
otherthantheGrantor.
To protectthe securityof thisDeed of Trust,Grantorcovenantsand agrees:
1.To keepthepropertyingood conditionandrepair;topermitno wastethereof;tocompleteany
building,structureor improvementbeingbuiltor aboutto be builtthereon;to restorepromptlyany building,
structureorimprovementthereonwhichmay be damaged ordestroyed;and tocomplywithalllaws,ordinances,
regulations,covenants,conditionsand restrictionsaffectingtheproperty.
2.Grantorshallnot cause,conductor permitany nuisancenor commit,permit,or sufferany
strippingoforwasteon ortothepropertyor any portionoftheproperty.Withoutlimitingthegeneralityofthe
foregoing,Grantorwillnotremove,orgranttoanyotherpartytherighttoremove,anytimber,minerals(including
oiland gas),soil,gravel,orrockproductswithoutthepriorwrittenconsentofLender.
3.Lenderand itsagentsand representativesmay enterupon theRealPropertyatallreasonable
timestoattendtoLendersinterestsandtoinspectthepropertyforpurposesofGrantor'scompliancewiththeterms
and conditionsofthisDeed ofTrust.
4.To pay beforedelinquentalllawfultaxesand assessmentsupon the property;to keep the
propertyfreeand clearofallothercharges,liensorencumbrancesimpairingthesecurityofthisDeed ofTrust.
5.To keep allbuildingsnow or hereaftererectedon thepropertydescribedhereincontinuously
insuredagainstlossby fireorotherhazardsinan amountnotlessthanthetotaldebtsecuredby thisDeed ofTrust.
Allpoliciesshallbe heldby theBeneficiary,and be insuchcompaniesastheBeneficiarymay approveand have
losspayablefirsttotheBeneficiary,as itsinterestmay appear,and thentotheGrantor.The amount collected
underany insurancepolicymay be appliedupon any indebtednessherebysecuredinsuchorderastheBeneficiary
shalldetermine.Such applicationby the Beneficiaryshallnot causediscontinuanceof any proceedingsto
foreclosethisDeed of Trust.In theeventof foreclosure,allrightsof theGrantorininsurancepoliciesthenin
forceshallpasstothepurchaserattheforeclosuresale.
6.To defendany actionor proceedingpurportingto affectthesecurityhereofor therightsor
powersof Beneficiaryor Trustee,and topay allcostsand expenses,includingcostoftitlesearchand attorney's
feesina reasonableamount,inany suchactionorproceeding,and inany suitbroughtbe Beneficiarytoforeclose
thisDeed ofTrust.
7.To pay allcosts,feesandexpensesinconnectionwiththisDeed ofTrust,includingtheexpenses
oftheTrusteeincurredinenforcingtheobligationsecuredherebyand Trustee'sfees,attorney'sfees,appraisalfees
(includingthoserelatedtoany actionfora deficiencyjudgment)actuallyincurred,asprovidedby statute.
8.Should Grantorfailto pay when due any taxes,assessments,insurancepremiums,liens,
encumbrancesorotherchargesagainstthepropertyhereinabovedescribed,Beneficiarymay paythesame,andthe
amount sopaid,withinterestattheratesetforthinthenotesecuredhereby,shallbe addedtoand become a part
ofthedebtsecuredinthisDeed ofTrust.
p.2 of5 -Deed ofTrust
IT ISMUTUALLY AGREED THAT:
1.Intheeventany portionofthepropertyistakenordamaged inan eminentdomainproceeding,
theentireamountoftheawardorsuchportionasmay be necessarytofullysatisfytheobligationsecuredhereby,
shallbe paidtoBeneficiarytobe appliedtosaidobligation.
2.By acceptingpaymentofany sum securedherebyafteritsdue date,Beneficiarydoesnotwaive
itsrighttorequirepromptpaymentwhen due ofallothersums so securedortodeclaredefaultforfailuretoso
pay.
3.The Trusteeshallreconveyallor any partofthepropertycoveredby thisDeed ofTrusttothe
personentitledthereto,on writtenrequestoftheGrantorandtheBeneficiary,orupon satisfactionoftheobligation
securedand writtenrequestforreconveyancemade by theBeneficiaryorthepersonentitledthereto.
4.Each ofthefollowing,attheoptionoftheBeneficiary,shallconstituteaneventofdefaultunder
thisDeed ofTrust:
a.DefaultinIndebtedness:FailureofGrantortomake any paymentwhen due on theindebtedness.
b.Defaulton OtherPayments:FailureofGrantorwithinthetimerequiredby thisDeed ofTrusttomake
any paymentfortaxesor any otherpaymentnecessarytopreventfilingof ortoeffectdischargeof any
lien.
c.ComplianceDefault:Failureof Grantorto comply withany otherterm,obligation,covenantor
conditioncontainedinthisDeed ofTrustorNote.
d.DefectiveCollateralization:ThisDeed ofTrustceasestobe infullforceandeffectatanytimeforany
reason.
e.Foreclosure:Commencement of foreclosureproceedings,whetherby judicialproceeding,self-help,
repossessionorany othermethod,by any creditorof Grantororby any governmentalagencyagainstany
oftherealpropertydescribedherein.
5.Upon occurrenceofanyeventofdefaultandatanytimethereafter,allsums securedherebyshall
immediatelybecome due and payable,attheoptionoftheBeneficiary.In sucheventand upon writtenrequestof
Beneficiary,Trusteeshallsellthetrustproperty,in accordancewith the Deed of TrustAct of the Stateof
Washington,atpublicauctiontothehighestbidder.PursuanttoRCW 62.9-501(4),ifthisdeedoftrustencumbers
bothrealand personalproperty,thetrusteeisauthorizedto sellallor any portionof thegrantor'sinterestinthe
realandpersonalpropertyatthetrustee'ssale.Any personexceptTrusteemay bidatTrustee'ssale.Trusteeshall
applytheproceedsofthesaleasfollows:(1)totheexpenseofthesale,includingareasonableTrustee'sfeeand
attorney'sfee;(2)totheobligationsecuredby thisDeed ofTrust;(3)thesurplus,ifany,shallbe distributedtothe
personsentitledthereto.Withregardtoanypersonalproperty,fixtures,assignmentsofchoses,suchsecuritymay
be foreclosedasprovidedherein,orasmay otherwisebe providedby law.
6.NothinghereincontainedshallprohibitBeneficiaryfrom pursuingany otherremedy available
toitoritssuccessoratlaw.Specifically,BeneficiaryorTrusteeshallbe entitledtotakepossessionofanyproperty
definedas securityhereunder,to marshaltheassetsdefinedas securityhereunder,and totheappointmentof a
receiverinthemannerprovidedby law,withoutregardtothesufficiencyofthepropertyorany othersecurityfor
theindebtednesssecuredhereby,whichreceivershallbe entitledtocollecttherents,profits,proceedsofsale,or
otherincome generatedby thepropertyused as securityhereunder,and the applicationof such sums to the
indebtednessowed Beneficiary.Beneficiary,or Beneficiary'sagentor designee,shallbe entitledto actinthe
capacityofreceiverwithoutnecessityofappointmentby thecourthavingjurisdiction,and withoutbond.Inthe
eventBeneficiaryobtainstheappointmentof a receiverfrom a courtofcompetentjurisdiction,Beneficiarymay
soactormay designateBeneficiary'sagentsotoact,withoutbond totheextentallowedby law.The costsofsuch
receivershipshallbe addedtoand become a partofthedebtsecuredby thisDeed ofTrust.
7.Trusteeshalldelivertothepurchaseratthesaleitsdeed,withoutwarranty,whichshallconvey
to thepurchasertheinterestinthepropertywhich Grantorhad or had thepower to conveyatthetimeof his
executionofthisDeed ofTrust,and suchashe may haveacquiredthereafter.Trustee'sdeedshallrecitethefacts
showingthatthesalewas conductedincompliancewithalltherequirementsof law and of thisDeed of Trust,
whichrecitalshallbe primafacieevidenceofsuchcomplianceand conclusiveevidencethereofinfavorofbona
fidepurchasersand encumbrancersforvalue.
8.The power ofsaleconferredby thisDeed ofTrustand by thedeedofTrustAct oftheStateof
Washingtonisnotan exclusiveremedy;Beneficiarymay causethisDeed ofTrusttobe foreclosedasa mortgage.
p.3 of5 -Deed ofTrust
9.Intheeventofthedeath,incapacity,disabilityorresignationofTrusteeortheelectionof the
beneficiarytoreplacethetrustee,Beneficiarymay appointinwritinga successortrustee,and upon therecording
ofsuchappointmentinthemortgagerecordsofthecountyinwhichthisDeed ofTrustisrecorded,thesuccessor
trusteeshallbe vestedwithallpowersoftheoriginaltrustee.The trusteeisnotobligatedtonotifyanypartyhereto
of pendingsaleunderany otherDeed of Trustor of any actionor proceedingin which Grantor,Trusteeor
Beneficiaryshallbe a partyunlesssuchactionorproceedingisbroughtby theTrustee.
10.ThisDeed of Trustappliesto,inuresto thebenefitof,and isbindingnotonlyon theparties
hereto,buton theirheirs,devisees,legatees,administrators,executorsand assigns.The termBeneficiaryshall
mean theholderand owner ofthenotesecuredhereby,whetherornotnamed asBeneficiaryherein.
11.ThisDeed ofTrustispersonaltotheGrantorherein.Intheeventofthesale,lease,assignment
ortransferofallor a partoftheGrantor's.interestintherealproperty,whetherlegal,beneficialorequitable,the
fullbalanceof principaland interestdue on theNote securedby thisDeed of Trustshallbe due and payablein
full.
Address forserviceof process:
1516 SeventhAve.SW
Puyallup,WA 98371
A REÝ L.DOLGOVYAZOV
STATE OF WASHINGTON )
)ss.
County of )
On thisday personallyappeared beforeme,the undersigned,a Notary Publicin and forthe Stateof
Washington,duly commissioned and sworn,ANDREY L.DOLGOVYAZOV,to me known to be the
individualwho executedthe foregoinginstrumentas his freeand voluntaryactand deed forthe uses
and purposesthereinmentioned.
Witnessmy h n cialsealthis day of August,2023.
BIANCA LANG
NOTARY PUBLIC#160647
NOTARY PUB IC a forthe tateof STATE OF WASHINGTON
Washington,resii g at .COMMISSION EXPIRES
My appointmente ire (W lil a oD 5 APRIL 19,2025
p.4 of5 -Deed ofTrust
REQUEST FOR FULL RECONVEYANCE
Do Not Record.To be used only when note has been paid.
TO:TRUSTEE
The undersignedisthe legalowner and holderof the note and allotherindebtednesssecuredby the
withinDeed of Trust.Saidnote,togetherwith allotherindebtednesssecuredby saidDeed of Trust,has
been fullypaidand satisfied;and you areherebyrequestedand directed,on payment toyou of any sums
owing to you under theterms of saidDeed of Trust,to cancelsaidnote above mentioned,and allother
evidencesof indebtednesssecuredby saidDeed of Trustdeliveredto you herewith,togetherwith the
saidDeed of Trust,and to reconvey,withoutwarranty,to the partiesdesignatedby the terms of said
Deed of Trust,alltheestatenow held by you thereunder.
Dated this day of ,20 .
p.5 of5 -Deed ofTrust
;Y
!x
rod 57C)225000-0
DEGLA•RAT ON OF 3"ORT PLAT AND GDVF-HANTS
KNOW ALL MEN BY TttESE PRESENTS'-
%%jc-�.�.e�rl
l�
WE , THE UNDERSIGNED, being owners of cartsin real property
situated in the Town of Yelm, Thurston County, State o: Washington, more
partie larly described On Exhiblt "A", attached hereto and by this reieranccr
thereto Incorporated herein as though fully set forth herein, do hereby declare
the following:
1. That said real property has been subdivided in accordance
with the provisions of Chapter 58.17, Revised Code of Washlnwton, and Town a
Yelm Ordinance No. 18S, and that said subdivision was approved by the
Q1 Town Engtneer of the Town of Yelm. State of Washington, on the f-2&day
W
Of �. 19 as Short Plat rico. ��
subject to the following covenants and conditions -
(a) Said described real property may not
be further subdivided in any manner to
effect a division thereof into more than a
total of tour parcels w_it4in five years from
the 12rNaay of Y;�-►s . 19 Q' -
unless and until a final plat covering said
real property shall have been filed for
record with the Auditor of Thurston
County, Washington, pursuant to the
provisions of Chapter 58, 17, Revised Code
of Washington, and applicable ordinances
and resolutions of the Town of Yelm,
Was hingtort;
(b) .All subsequent deeds Conveying the said
described real property or anY pct'tion
thereof shall describe the roods descrLbed,
and shown vs privates ruad;; On ti:e aubklivi-
Sion map which Is u part hereof and grant
die non-excluslk-e use 4f -11 3uct: 'Odds U)
the owners of all portions of sold real
Property abutting said roads, providing
acme ss thereto from a public rluht-of-way.
VOL ��A6Ei
This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.
Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the
Company does not insure dimensions, distances, location of easements, acreage or other
matters shown thereon.
Non -Order Search Page 1 of 6 Requested By: Kris Mann , Printed: 9/1/2021 4:28 PM
Doc: PMAP S8014C
8702250003
(c) All roads described and shown as privma
roads on Erie subdivision map which is a part
hereof shall be maintained by the owners'ot
the real property having legal access thereto
or their hetra, successors and asstgae, unless
and unul the same are Improved to Town of
Yelm standards and dedicated to and accepted
by the Town of Yelm.
(d) A perpetual non-exclusive easement is hereby
reserved ter the construction, maintenance
and operation of telephone, electric, gas,
water and sewer lines, mains or conduits.
over, across and under the right-of-way of 411
roads described and shown as a private road
on ilia subdivision map which to a part hereof.
(e) The right hereby reserved to make and maintain
eii necessary slopes for cuts and filis upon the
said described real property adjacent to all roads
(public or private) described and shown on the
subdivision map which is a part hereof in order
that such roads may be graded in a reasonshis
and proper manner, and the further right hereby
reserved for the drainage of ouch roads ever and
across any lot or lots where the drainage water
might take a natural course after reasortable
grading in connection with the improvement of
such road for dedication.
(1) No drainage waters on any lot or lots shall be
diverted or blocked from their natural course
so as to discharge upon any road right-ol-way
or to hamper proper road drainage.
Z. There is attached hereto, marked Exhspit "B", and by this
reference thereto incorporated herein as though fully set forth herein, an
Illustrative map depicting the subdivision of the said described real property,
which map (Ss) (is not) based upon an accurate survey.
3. There is attached hereto, marked Exhibit "CO, and by this
reference thereto incorporated herein as though fully set forth herein, additiattal
covenants, easements and restrictions per1a1nln9 to the above-described
real property and reserving to the undersigned (his) (their) heir's, succe36ora,
and assigns, Certain rights In and to said described real property as more
particularly set forth therein.
VOLPAGE
This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.
Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the
Company does not insure dimensions, distances, location of easements, acreage or other
matters shown thereon.
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Doc: PMAP 58014C
r
4. -The undersigned by these presents hereby, dedicateJa) to the
uia of the puhUc forever, all streets, avenues, pla-us and sewer eosementa
or whatever public property as is ehvwn on the above -referenced plat and
'the use thereof for any and all public purposes not inconsiatent with the
use thereof for public Wgitiway purposes, together with the right, to make.
all necessary slopes for cuts or fills upon the lots, blocks and tracts shown
on said plat for the rea,onable original grading of all public streets. avenues
and Places shown the roan .
5- With the i;xception of those covenants identified in paragraph
3 hara!nabdve, all of the above-specified covenants are for the mutual benaflt
ut the grantorls} this) (their) heirs, successors and assigns and for the
benefit of the Town of Yelm, State of Washington, and said covenants taay
be enforced by injunction or other lawful procedure Including the recovery
of damages resulting from the vlolation of such covenants,
?� DATED this l ��w dal. of ��13 ,�. l9-
[Grantor) {G rentor}
a~� (Grantor {Grantor)
{Grantor)
(Grantor)
VOL PAi,E Tgd
-3-
This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.
Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the
Company does not insure dimensions, distances, location of easements, acreage or other
matters shown thereon.
Non -Order Search Page 3 of 6 Requested By: Kris Mann , Printed: 9/1/2021 4:28 PM
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STATE of wASHINGTON 1
County of Thurston ] as.
on this day persnnellY appeared betas me
8'02250003
to me known to be the individual yascribed in and who exeCuted the
within and forago9nq lnrtrumenL and acknowledqud that
alQned the
same as tree and Voluntary act and deed, for 9118 uses and purposes therela
m9rtttoned . -
GIVEN under my Rand and official saal this ►� _� II day of
Or
tdOTARY PUBLIC in grid for th4► '•rata, _,,
WachinQacn, reslOi.tg at YuapitJ •
s �l•fs, ��',.
AUDITOR'S CERTIFICATE
Filed for racard at the requeat of
this ` ` day of Ll -7
minutes past o'clock �� , , ac►d recorded in volume ?
of Short Plate, on page Records of Th urstntt Gaunt tY
Y . aaflingZoll.
e • Thurston County Auc'iltor
THURSTON QOUNT7
By:
�!8
15 S 41 AM X87 Deputy
' RISOUE_
SAN 9.: �, Q71µ T31i
¢l1TY
VOf.2_• PAGE f
-4-
This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.
Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the
Company does not insure dimensions, distances, location of easements, acreage or other
matters shown thereon.
Non -Order Search Page 4 of 6 Requested By: Kris Mann , Printed: 9/1/2021 4:28 PM
Doc: PMAP S8014C
870221i0003
DONALD J. MCCLOUD ET AL
Short Plat in the Northwest Quarter of
Section 19. Township 17N. Range 2 E, W.M,
Lot Desc i tions
Lot 1
The Northeast quarter of the Northwest quarter of the Nnrthweat
quarter of Section 19, Township 17 North, Range 2 East, W,M.;
EXCEPT the East 20.00 feet for Road;
ALSO EXCEPT the North. 209,00 feet of the West 299.00 Test thereop;
ALSO EXCEPT the Soutb", 145.50 feet of the West 309.00 feet of the
-East 320.00 feet thereof,
Lot 2
fee South 745,50 feet of t]xN West 300 -OU feet of the East 320.00.
feet of the Northeast quarter of the Northwest quarter of the
WNerthweat quarter of Section 19, Township 17 North, Range 2 East,
.M.
z� that the above legal descriptions are accurate
S o�'iii0 a with the Subdivision Code,
o 'J
Keyes PP
CERTTp o OF APPROVAL,
r -
2 (we) hereby certify that this Short Subdiviei❑n
the conditions as set forth in the Town complies with
of yeim Subdiv191an Code
land is approved this day of
1, subject to recording =V the Audi or n ' 1937,
under ub ivision. set forth in the attached Declarnationnof
Short Subdivision_
���riieer anrT Pu o ar is
• 1'��+Yor City Council
VUL o1-1— PAGE :�l n
This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.
Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the
Company does not insure dimensions, distances, location of easements, acreage or other
matters shown thereon.
Non -Order Search Page 5 of 6 Requested By: Kris Mann , Printed: 9/1/2021 4:28 PM
Doc: PMAP S8014C
r
4.r
This map/plat is being furnished as an aid in
Ic,cating the her4Jn described Land in relation to ;;..
a4ioining street, natural boundaries and other I nd,
abd is not a survey of the land depicted. Except �o
too extent a polity of title insurance is expressly,,,:;
r0odified by endt6rsement, if any, the Company
does not insure dimensions, distances, location of�
° a
il'•r`'
%* S w fTJar�I � `U
�r ,✓o�T F� Hca rz� �,c O� 7.1E .tfP STM Wx Qvr+ �r� oc
-7Nc� .✓afzryw�sr- Qr�.���-�,r� v� .mac-�Tic�cr f 9 -�'! �i�/. rZ 2cc., �..Ji+A. � ' �
--7 -ro c>o y r ,�� ,�v�v A4`5`7
./cAZf%� "ZIP -9 -CV -7
This map/plat is being furnished as an aid in locating the herein described Land in relation to
adjoining streets, natural boundaries and other land, and is not a survey of the land depicted.
Except to the extent a policy of title insurance is expressly modified by endorsement, if any, the
Company does not insure dimensions, distances, location of easements, acreage or other
matters shown thereon.
Non -Order Search Page 6 of 6 Requested By: Kris Mann , Printed: 9/1/2021 4:28 PM
Doc: PMAP S8014C
NORTHWEST SECTION CORNER
OF SECTION 19, TOWNSHIP 17
NORTH, RANGE 2 EAST, PER
R.O.S. X3591037 NOT
VI3TTED THIS SURVEY
209.00'
NW COR NEl/4
NWI/4 NW1/4
0
0
N
209'
/ S89 -38-31-E
105.71'
POD
LOT4
LOT 4
4335050 FT
m 1.o0ACRES
POB
LOTS
o'A
c LOT 5
\'2' 42969SO FT
=A� 0.99ACRES
Ny
0"109
SW COB 1EE1/4
NW1/4 NWl/4 POB
703.,12' / 75.81' j LOTS
POUND 5/8 REBAR
L GAP
.2,
703 3' 1O ON E L.S. 28237
Z5�wm� 4b�Y3vT'�}-
MCCLOUD ESTATE TESTAMENTARY SEGREGATION N
LOUTW IN TW NW 1 4 OF NW 1 4 OF
SMION 19, TOgWNSKW 17 Noma, 2= P, MIDIAN W E
TERMSTON OOUNTY, WASHM44 'ON NORTH QUARTER CORNER
OF SECTION 19, TOWNSHIP 17
FOUND REBAR B/R) CAP NORTH, RANGE 2 EAST, PER
3B4'09'54'W 0.87' OF R.O.S. 3591037 NOT
CALCUIATED THIS SURVEY
E p0242EI POD
S
S89'38'31"E 1406.03'(R) LOT`
/ - POB:
P0 CHIc1(E1V 1 LOT,
LOTS �coOP L
SHEDS L L
o LOL SOW'
.,1
LLNL 7..
LL
w
a Ln
N o s� HED rn
LOT 2 ro WELL
4484390
o3 CA RES � LOT 1
Z SHED 4678450 FT m 1`
"'off \j2. so- 4'E m 1.07ACRE3 N N
�. T5SA=48.92'
R-100.00'
A 28'01'36'
LOT 3 A 43'14'47'
4674350 FT R-138.00' PLAY AREA '.
29' 1.07ACRES A-IQA. 16'
A-26.56' S89'23'04'E 181.82'
234.42'
R-100.00'
A 15'13'12' m
S� A -B. 15' '
R-30.00'
v�• ,p 1� 589'23'04'E 381.14' m
A 46'42'30' 0 .
9. ; m
Fra p'+ �01' _ ___ __ __ _ _______234.43 -----------
a
EASEMENT AREA SET ASIDE FOR
09 INGRESS -EGRESS AND UTILITIES
,L2 16 A-46.80' FOR ALL LOTS SHOWN HEREON
R-62.00'
A 43'14'47'
A 43'14'47'
u�i
R=100.00'
1 A-75.48' N
S89'23'04'E 43.07ACRES 6767S08T
% ' 2 53.28' w is
A 90'00'00') �` p O •
R-60.00' fro°.,h LOT 7 !^ a
A=94.25' ---� OQ4p40' 4946150
144 CA RFT
ES m
2 m
A ;
1� 0
�
31.2'
Ap
Z 1
� LOT 6 w
4322950 FT a
0.99ACRES
Xvm do
i
JZ POB
LOTS
118.82'
S89'38' 19'E
589'38'33'E 1328.96 (R)
NE COR ND14
NWI14 IVW1/4
LEGEND
O REBAR AS NOTED
POWER POLE
20' X NATER SPIGOT
f MONUMENT AS NOTED
ra w MONUMENT AS NOTED
BMONUMENT AS NOTED
1111) PLAT OF MOUNTAIN AIRE
(R) R.O.S. SUR #3591037
(C) CALCULATED
(� (M) MEASURED
�i X X- FENCE
-0.- .1ERHEAD WIRE
SURVEYORS NOTES:
1. THIS SURVEY DOES NOT PURPORT TO SHOW EASEMENTS OF RECORD
L OR THE LOCATION OF UTILITIES - EXCEPT AS SHOWN.
2. THE METHOD OF MONUMENT LOCATION WAS FIELD TRAVERSE.
v THE INSTRUMENTS USED WERE: GEODIMETER PRO, ROBOTIC TOTAL
N STATION.
Q' 3. THIS SURVEY MEETS OR EXCEEDS THE MINIMUM STANDARDS SET
FORTH IN WAC332-130.
4. BASIS OF BEARING: FOUND MONUMENTS, PLAT OF MOUNTAIN AIRE
z COURT, HELD THE NORTH LINE OF THE NORTHWEST QUARTER OF
SECTION 39 PER RECORD OF SURVEY 3591037.
5 NO UTILITIES WERE LOCATED THIS SURVEY, ALL UTILITIES SHOULD
BE VERIFIED PRIOR TO ANY DESIGN OR CONSTRUCTION.
/1
w PIS PIRA COIR s �Z
N
o
S89-38-13-E(C) 447.53 (R!) (M)
30' S89'38' 19'E 447.531A S) ,
0'. /
FOUND r BRAss 01sc W/X
M CONCRETE PER PIAT OF
Mo.
N ADZE COURT
V19TTED 6/I6/07
REFERENCE INFO:
RECORD OF SURVEY AFN. 3591037
PLAT OF MOUNTAIN AIRE A.F.N. 9302100039
IPLAT OF HUNTINGTON GREEN VOL. 27, PAGE 40 A.F.N. 9406170163
THIS SURX STANDARDS �ANDO MPUES GUIDELINES OWITH F
S89'38'19'E 320.00' THE.SURYBY RECORDING ACT. CHAPTER
58.09 RCW AND 332-130 WAC.
1' 19'E POB
REBAR
BAR L077
zYES 17.88 0 SHEET ONE OF TWO
.10 703.23' GRAPHIC SCALE: 1" = 60'
S89'38'06'E 1406.45'(R)
......-',, �""� L �I'(I�'
f,L.'R„ o.:. ii v lfitASUF"F 0 60' 120' 180' 240'
vergreen CD e� * B. SURVEYOR'S CERTIFICATE AUDITOR'S CERTIFICATE RECORD OF SURVEY
Q 4�M1 THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY FILED FOR RECORD THIS % DAY OF FOR: JANET McCLOUD
ME OR UNDER MY DIRECTION IN CONFORMANCE WITH THE wa 2006. AT THE REQUEST 1107 NW RHOTON CRT.
recision - REOUIREMENTS OF THE SURVEY RECORDING ACT" AT THE OF JIOF JI G
PCo, REQUEST OF JIM GAUTHIER IN MAY OF 2007 AUD\�I^TOR'1S FEE N0. 4e, '_y ' -ELM WA, 98597
Urveying LLC BeNticy-5hafcr0m6n.com s V4L LA1T� BENTLEY E. SHAFER J 1 7�1 ✓�N DATE: 6/3/2008 JOB N0: 01075
P.O. BOX 11210RT1NG, WA 98360. x.53 -W%-55508 EVNE& 5-12-I0 CERTIFICATE NO. 35984 DEPUTY COUNTY A ITOR COPYRIGHT 2008, EVERGREEN PRECISION SURVEYING
m8��=
Eim
(0 460 5o'S 24x
MCCLOUD ESTATE TESTAMENTARY SEGREGATION
LOCA'1� Fa11'HB NIV 1 4 0�F 19B NN 4 OF
FiIMM 19, 1V WlV61F� 1T NOS1>B, 9 FSA9P, Aummxm
729JFFAIM QOUIPI'Y, WASUDOGM
L1ST?$r(2n TU OFHEjQS
Lor
❑ ALD A OUO
oT
L01 ? �, /✓/ �� l y _ , G�
c
Lor 5t :� IIL��_irtir�
SALLY LOUD
L674 s'
J F M CLOUD
Lo -r- (j A /'ni✓ (/'
- JULIE VANEVERY �• (\�) \ �a
BARBARA MCCLOUO SHANTA
1
L Ir 7, /
BIN H MCCLOUD
ORIGINAL PARCEL (22719220100)
THE NORTHEASTQUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE W.M.
EXCEPT:
THE SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SAID SECTION 19.
ALSO EXCEPT:
THE NORTH 209 FEET OF THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19.
E
vergreen
Proololon
i
Ur"y44 LLC Be Vay5hafer®m6n.com
P.O. BOX 1121 O"NG, WA 98360.253-307-5508
REVISED LEGAL DESCRIPTIONS
LOT 1
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19. TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE
W.M.; THENCE NORTH 89'38'31" WEST ALONG THE NORTH LINE OF SAID
NORTHWEST QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 20.00 FEET TO
THE POINT OF BEGINNING: THENCE CONTINUE NORTH 89'38'31" WEST, A
DISTANCE OF 181.78 FEET; THENCE SOUTH 00'36'56" WEST, A DISTANCE OF
256.92 FEET; THENCE SOUTH 89'23'04" EAST, A DISTANCE OF 181.82 FEET TO
THE WESTERLY MARGIN OF CRYSTAL SPRINGS ROAD; THENCE NORTH 00'36'23'
EAST ALONG SAID WESTERLY MARGIN, A DISTANCE OF 257.74 FEET TO THE POINT
OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS. EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
LOT 2
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION f9, TOWNSHIP 17 NORTH. RANGE 2 EAST OF THE
W.M; THENCE NORTH 89'38'31" WEST ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER. A DISTANCE OF201.78 FEET TO THE
POINT OF BEGINNING: THENCE CONTINUE NORTH 89'38'31" WEST, A DISTANCE OF
242.02 FEET; THENCE SOUTH 27'24'40' EAST, A DISTANCE OF 303.11 FEET TO
THE BEGINNING OF A CURVE RADIAL TO SAID LINE; THENCE NORTHEASTERLY AND
EASTERLY A DISTANCE OF 48.92 FEET ALONG THE CURVE CONCAVE TO THE SOUTH,
HAVING A RAOIUS OF 100.00 FEET AND A CENTRAL ANGLE OF 28'01'36";
THENCE SOUTH 89'23'04" EAST TANGENT TO SA I0 CURVE. A DISTANCE OF 52.60
FEET; THENCE NORTH 00"36'56' EAST. A DISTANCE OF 256.92 FEET TO THE
POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS, EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
LOT 3
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE
W.M; THENCE NORTH 89'38'31" WEST ALONG THE NORTH LINE OF SAID NORTHWEST
QUARTER OF THE NORTHWEST QUARTER, A DISTANCE OF 443.80 FEET TO THE
POINT OF BEGINNING; THENCE CONTINUE NORTH 89'38'31" WEST. A DISTANCE OF
50.21 FEET TO THE NORTHEAST CORNER OF THE WEST 209 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SECTION 39. TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE W.M; THENCE SOUTH
00'36'56" WEST ALONG SAID EAST LINE OF THE WEST 209 FEET, A DISTANCE OF
209.00 FEET TO SOUTH LINE OF THE NORTH 209 FEET OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION
19, TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE W.M; THENCE NORTH 89'38'31"
WEST ALONG SAID SOUTH LINE. A DISTANCE OF103.29 FEET; THENCE SOUTH
50'42'19" EAST, A DISTANCE OF 243.82 FEET; THENCE NORTH 47'22'09" EAST,
A DISTANCE OF 115.41 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID
LINE; THENCE NORTHEASTERLY A DISTANCE OF 26.56 FEET ALONG THE CURVE
CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 100.00 FEET AND A CENTRAL
ANGLE OF 15'13'12"; THE NORTH 27'24'40" WEST RADIAL TO SAID CURVE,
A DISTANCE OF 303.11 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS, EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
LOT 5
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 209 FEET OF THE WEST
209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19. TOWNSHIP 17 NORTH, RANGE 2 EAST OF THE
w.M : THENCE SOUTH 00'36'56' WEST ALONG THE WEST LINE OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID
SECTION 19, A DISTANCE OF 238.15 FEET TO THE POINT OF BEGINNING; THENCE
CONTINUE SOUTH 00'36'56" WEST, A DISTANCE OF 213.79 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF
THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE SOUTH 89'38'19" EAST
ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 75.81
FEET; THENCE NORTH 36'55'32" EAST, A DISTANCE OF 371.92 FEET; THENCE
SOUTH 74'22'21" WEST, A DISTANCE OF 308.35 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS. EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
LOT 6
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19. TOWNSHIP 17
NORTH, RANGE 2 EAST OF THE W.M.; THENCE SOUTH 89'38'19" EAST ALONG THE
SOUTH LINE OF SAID NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19, A DISTANCE OF 75.81 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE SOUTH 89'38'19" EAST, A DISTANCE OF
289.42 FEET; THENCE NORTH 12'26'16" WEST, A DISTANCE OF 306.34 FEET;
THENCE SOUTH 36'55'32" WEST, A DISTANCE OF 371.92 FEET TO THE POINT OF
BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS, EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
LOT 7
COMMENCING AT
SAID LINE; THENCE WESTERLY AND SOUTHWESTERLY A DISTANCE OF 75.48 FEET
ALONG THE CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 100.00 FEET
AND A CENTRAL ANGLE OF 43'14'47"; THENCE SOUTH 47'22'09" WEST TANGENT
TO SA IO CURVE, A DISTANCE OF 315.41 FEET: THENCE SOUTH 12'26'16" EAST,
A DISTANCE OF 306.34 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS, EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
LOT 4 LOT 8
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 209 FEET OF THE WEST COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 145.5 FEET OF THE WEST
209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE 300 FEET OF THE EAST 320 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
NORTHWEST QUARTER OF SECTION 19, OF
17 NORTH. RANGE 2 EAST OF THE QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 17 NORTH,
W.M.; THENCE NORTH 89'38'31" WEST ALONG THE SOUTH LINE OF SAID NORTH RANGE 2 EAST OF THE W.M.; THENCE SOUTH 89'38'19" EAST ALONG THE NORTH
209 FEET OF THE WEST 209 FEET, A DISTANCE OF 103.29 FEET TO THE POINT LINE OF SAID SOUTH 145.5 FEET, A DISTANCE OF 118.82 FEET TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 89'38'33" HEST, A DISTANCE OF OF BEGINING; THENCE NORTH 00'36'56" EAST, A DISTANCE OF 258.54 FEET:
105.71 FEET TO THE WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST THENCE SOUTH 09'23'04" EAST, A DISTANCE OF 181.14 FEET TO THE WESTERLY
QUARTER OF THE NORTHWEST GUARTER OF SAID SECTION 19; THENCE SOUTH MARGIN OF CRYSTAL SPRINGS ROAD: THENCE SOUTH 00'36'23" WEST ALONG SAID
00'36'56' WEST ALONG SAID WEST LINE, A DISTANCE OF 238.15 FEET; THENCE WESTERLY MARGIN, A DISTANCE OF 257.74 FEET TO THE NORTH LINE OF THE
NORTH 74'22'21" EAST. A DISTANCE Of 308.35 FEET; THENCE NORTH 50'42'19" SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE
WEST, A DISTANCE OF 243.82 FEET TO THE POINT OF BEGINNING. NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS. EGRESS AND UTILITIES SAID SECTION 19; THENCE NORTH 89'30'19" WEST ALONG SAID NORTH LINE. A
AS SHOWN ON SHEET 1. DISTANCE OF 181.19 FEET TO THE POINT OF BEGINNING.
SUBJECT TO AND TOGETHER WITH EASEMENT FOR INGRESS. EGRESS AND UTILITIES
AS SHOWN ON SHEET 1.
BENTLEY E. SHAFER
CERTIFICATE NO. 35984
LEGAL DESCRIPTIONS
SHEET TWO OF TWO
SURVEY FOR:
FOR: JANET McCLOUD
1107 NW RHOTON CRT.
YELM WA, 98597
6/3/2008 JOB NO: 01075
COPYRIGHT 2008. EVERGREEN PRECISION SURVEYING
When recorded returnto:
James A.Gauthier,JD
22605 97 Avenue South
Kent,WA 98031-2444
ThurstonCountyTreasurerRO
RealEstateExciseTaxpaid (LO 914
By Deputy
Grantor:Estateof Janet Mc Cloud,Thurston County Probate No.04-4-99942-9 by
James A.Gauthier,JD,Administrator
Grantee:Estateof Janet McCloud and the heirsthereto
Document:Easement,Road Maintenance and Road ConstructionAgreement
Original Legal:Sec.19,Twp 17,Range 2E,WM,NE Corner of the NW of NW K
EXCEPT N209F of W 209F,ALSO EXCEPT S145.50F OF W300F OF
E20F
Tax Parcel#:22719220100 (OriginalParcel)
Lots 1-8 Sub parcelsneed to be assigned per Testamentary Division
INGRESS,EGRESS AND UTILITY EASEMENT
ROAD MAINTENANCE AGREEMENT
PRIVATElPUBLIC ROAD PROVISIONS
THIS IS THE LEGAL DESCRIPTION OF THE ROAD/UTILITY EASEMENT
WHICH SHALL ATTACH TO LOTS 1-8 OF THE MCCLOUD TESTAMENTARY
DIVISION
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89"38'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 20.00 FEET TO THE WESTERLY
MARGIN OF CRYSTAL SPRINGS ROAD;THENCE SOUTH 00*36'23"WEST
ALONG SAID WESTERLY MARGIN,A DISTANCE OF 219.74 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 89023'O4"WEST,A DISTANCE OF
234.42 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE WESTERLY AND SOUTHWESTERLY A DISTANCE OF 104.16 FEET
ALONG THE CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF
138.00 FEET AND A CENTRAL ANGLE OF 43.14'47";THENCE SOUTH
47022'O9"WEST TANGENT TO SAID CURVE,A DISTANCE OF 64.46 FEET TO
THE BEGINNING OF A CURVE TANGENT TO SAID LINE;THENCE
SOUTHWESTERLY AND WESTERLY A DISTANCE OF 8.15 FEET ALONG THE
CURVE CONCAVE TO THE NORTH,HAVING A RADIUS OF 10.00 FEET AND A
CENTRAL ANGLE OF 46*42'30"TO A POINT OF REVERSE CURVATURE;
81 132 e 11:18sm EasementPage 1 of 13 4028310 Page 1 of 13
ThurstonCountyWashington DB/07/200B11:19AM Agreement
ESTATEJANETMCCt..OUD ThurstonCountyWashington
IlluluIIIIIIIIIIIIllululIIIIIIIIIllIllisillulllIIIIlliallulliaIlilliallinalillaillaginingaaman us on an
THENCE WESTERLY A DISTANCE OF 4.27 FEET ALONG THE ARC OF SAID
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 4'O4'38"TO A POINT OF COMPOUND CURVATURE;
THENCE WESTERLY,SOUTHWESTERLY AND SOUTHERLY A DISTANCE OF
94.25 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF
90000'00"TO A POINT OF COMPOUND CURVATURE;THENCE SOUTHERLY,
SOUTHEASTERLY AND EASTERLY A DISTANCE OF 94.25 FEET ALONG THE
ARC OF SAID CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
60.00 FEET AND A CENTRAL ANGLE OF 90*00'00"TO A POINT OF
COMPOUND CURVATURE;THENCE EASTERLY,NORTHEASTERLY AND
NORTHERLY A DISTANCE OF 93.56 FEET ALONG THE ARC OF SAID CURVE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 89020'21"TO A POINT OF REVERSE CURVATURE;
THENCE NORTHERLY AND NORTHEASTERLY A DISTANCE OF 8.15 FEET
ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHEAST HAVING
A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 46*42'30";THENCE
NORTH 47*22'O9"EAST
TANGENT TO SAID CURVE,A DISTANCE OF 64.46 FEET TO THE BEGINNING
OF A CURVE TANGENT TO SAID LINE;THENCE NORTHEASTERLY AND
EASTERLY A DISTANCE OF 46.80 FEET ALONG THE CURVE CONCAVE TO
THE SOUTH,HAVING A RADIUS OF 62,00 FEET AND A CENTRAL ANGLE OF
43.14'47";THENCE SOUTH 89*23'O4"EAST TANGENT TO SAID CURVE,A
DISTANCE OF 234.43 FEET TO THE WESTERLY MARGIN OF CRYSTAL
SPRINGS ROAD;THENCE NORTH 00"36'23"EAST ALONG SAID WESTERLY
MARGIN,A DISTANCE OF 76.00 FEET TO THE POINT OF BEGINNING.
The foregoing Easement and following Covenants touch,benefit and burden the
following legallydescribed lots 1-8 of the McCloud Testamentary Division:A copy
of the recorded 8 Lot Testamentary Division is attached hereto as Exhibit A,which
by this reference is incorporated herein as iffullyset forth.
LEGAL DESCRIPTIONS OF LOTS 1-8 OF THE MCCLOUD TESTAMENTARY
DIVISION THAT ARE BENEFITTED AND BURDENED BY THE EASEMENT.
LOT 1
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89038'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89.38'31"WEST,A DISTANCE OF
181.78 FEET;THENCE SOUTH 00*36'56"WEST,A DISTANCE OF 256.92
FEET;THENCE SOUTH 89*23'04"EAST,A DISTANCE OF 181.82 FEET TO
THE WESTERLY MARGIN OF CRYSTAL SPRINGS ROAD;THENCE NORTH
4028309 Page 2 of 13 2 Pa e 2 of 1309/07/200811:19AM Easement 4028310 9
ThurstonCountyWashinston 08/07/200011:18AM Agreement
ESTATEJANETMCCLOUD ThurstonGountyWashmaton
IIIIIllIIIIInIllittillialillulillIllillimilitillillinIllulinualillin
EMManalsunlillionunsuini
00036'23"EAST ALONG SAID WESTERLY MARGIN,A DISTANCE OF 257.74
FEET TO THE POINT OF BEGINNING.
LOT 2
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH 89"38'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 201.78 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89038'31"WEST,A DISTANCE OF
242.02 FEET;THENCE SOUTH 27,24'40"EAST,A DISTANCE OF 303.11 FEET
TO THE BEGINNING OF A CURVE RADIAL TO SAID LINE;THENCE
NORTHEASTERLY AND EASTERLY A DISTANCE OF 48.92 FEET ALONG THE
CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF 100.00 FEET AND
A CENTRAL ANGLE OF 28*01'36";THENCE SOUTH 89*23'04"EAST
TANGENT TO SAID CURVE,A DISTANCE OF 52.60 FEET;THENCE NORTH
00o36'56"EAST,A DISTANCE OF 256.92 FEET TO THE POINT OF
BEGINNING.
LOT 3
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH 89038'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 443.80 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89'38'31"WEST,A DISTANCE OF
50.21 FEET TO THE NORTHEAST CORNER OF THE WEST 209 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2
EAST OF THE W.M;THENCE SOUTH 00*36'56"WEST ALONG SAID EAST
LINE OF THE WEST 209 FEET,A DISTANCE OF 209.00 FEET TO SOUTH LINE
OF THE NORTH 209 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH
89'38'31"WEST ALONG SAID SOUTH LINE,A DISTANCE OF 103.29 FEET;
THENCE SOUTH 50.42'19"EAST,A DISTANCE OF 243.82 FEET;THENCE
NORTH 47.22'O9"EAST,A DISTANCE OF 115.41 FEET TO THE BEGINNING
OF A CURVE TANGENT TO SAID LINE;THENCE NORTHEASTERLY A
DISTANCE OF 26.56 FEET ALONG THE CURVE CONCAVE TO THE
SOUTHEAST,HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE
OF 15.13'12";THENCE NORTH 27o24'40"WEST RADIAL TO SAID CURVE,A
DISTANCE OF 303.11 FEET TO THE POINT OF BEGINNING.
4028309 Page 3 of 13 4028310 Page 3 of 13
091071200811:19AM Easement 3 09/07/200811:1BAM Agreement
ThurstonCountyWashington ThurstonCountyWashington
ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
Illlllllilllllillllllll|11lillltillllllllllilllilllllllllliulilllllllllllllilllli||llillmill||lillillillllllillillilllllllWillillllllllMAlillll|
LOT 4
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 209 FEET OF
THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89038'31"WEST
ALONG THE SOUTH LINE OF SAID NORTH 209 FEET OF THE WEST 209
FEET,A DISTANCE OF 103.29 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUE NORTH 89.38'31"WEST,A DISTANCE OF 105.71 FEET TO THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
SOUTH 00.36'56"WEST ALONG SAID WEST LINE,A DISTANCE OF 238.15
FEET;THENCE NORTH 74.22'21"EAST,A DISTANCE OF 308.35 FEET;
THENCE NORTH 50,42'19"WEST,A DISTANCE OF 243.82 FEET TO THE
POINT OF BEGINNING.
LOT 5
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 209 FEET OF
THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE SOUTH 00.36'56"WEST
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
19,A DISTANCE OF 238.15 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUE SOUTH 00,36'56"WEST,A DISTANCE OF 213.79 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
19;THENCE SOUTH 89.38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER,A DISTANCE OF 75.81 FEET;THENCE NORTH
36.55'32"EAST,A DISTANCE OF 371.92 FEET;THENCE SOUTH 74*22'21"
WEST,A DISTANCE OF 308.35 FEET TO THE POINT OF BEGINNING.
LOT 6
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89,38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,A DISTANCE OF 75.81 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89"38'19"EAST,A
DISTANCE OF 289.42 FEET;THENCE NORTH 12.26'16"WEST,A DISTANCE
OF 306.34 FEET;THENCE SOUTH 36*55'32"WEST,A DISTANCE OF 371.92
FEET TO THE POINT OF BEGINNING.
Page 4 of 13
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ThurstonCountyWashington ThurstonCountyWashington
ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
Illilllllllllllllllilll|lllllllllllllIllllllIIIIllll||||Illlllllillllllllllfillllilll||||ll|(algiltlillMINIM
LOT 7
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89.38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,A DISTANCE OF 365.23 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89,38'19"EAST,A
DISTANCE OF 17.88 FEET TO THE SOUTHWEST CORNER OF THE SOUTH
145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2
EAST OF THE W.M.;THENCE NORTH 00,36'23"EAST ALONG THE WEST
LINE OF SAID SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE EAST 320
FEET,A DISTANCE OF 145.50 FEET TO THE NORTH LINE OF SAID SOUTH
145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET;THENCE
SOUTH 89038'19"EAST ALONG SAID NORTH LINE,A DISTANCE OF 118.82
FEET;THENCE NORTH 00.36'56"EAST,A DISTANCE OF 258.54 FEET;
THENCE NORTH 89"23'04"WEST,A DISTANCE OF 53.28 FEET TO THE
BEGINNING OF A CURVE TANGENT TO SAID LINE;THENCE WESTERLY
AND SOUTHWESTERLY A DISTANCE OF 75.48 FEET ALONG THE CURVE
CONCAVE TO THE SOUTH,HAVING A RADIUS OF 100.00 FEET AND A
CENTRAL ANGLE OF 43.14'47";THENCE SOUTH 47'22'O9"WEST TANGENT
TO SAID CURVE,A DISTANCE OF 115.41 FEET;THENCE SOUTH 12'26'16"
EAST,A DISTANCE OF 306.34 FEET TO THE POINT OF BEGINNING.
LOT 8
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 145.5 FEET
OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89038'19"EAST ALONG THE NORTH LINE OF SAID SOUTH
145.5 FEET,A DISTANCE OF 118.82 FEET TO THE POINT OF BEGINING;
THENCE NORTH 00,36'56"EAST,A DISTANCE OF 258.54 FEET;THENCE
SOUTH 89"23'04"EAST,A DISTANCE OF 181.14 FEET TO THE WESTERLY
MARGIN OF CRYSTAL SPRINGS ROAD;THENCE SOUTH 00o36'23"WEST
ALONG SAID WESTERLY MARGIN,A DISTANCE OF 257.74 FEET TO THE
NORTH LINE OF THE SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE
EAST 320 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
NORTH 89"38'19"WEST ALONG SAID NORTH LINE,A DISTANCE OF 181.19
FEET TO THE POINT OF BEGINNING.
4028309 Page 5 of 13 048 78;a st ra an agreement
Page 5 of 13
08/07/200B11:18AM Easement 5 Thurstoncountywashinston
ThurstonCountyWashington ESTATEJANETMCCLOUD
Covenants to Run with Land:The following terms,conditions and covenants
shall attach to each of the Lots 1-8 of the McCloud Testamentary Division.Each
individual(s)taking titleto one of the originallots 1-8 of said testamentary division
takes titlesubject to the forgoing easement for utilitiesand road and the
obligations set forth below and drawn on Exhibit A hereto.,
Construction of Private Road and UtilitiesFollowing Majority Approval:
The roadway covered by this Easement (See Exhibit A)is intended to be a Private
Road and the construction of the Private Road must be to Thurston County/State
of Washington Private Road Standards set out in Title 16 YMC and the Yelm
Development Guidelines for any lot to be developed further.The construction of
the Private Road includes the construction and installationof allavailable utilities,
including,but not limited to water,sewer,power,cable and gas.The decision to
construct the Private Road and Utilitiesis vested with the fee owners of Lots 1-8
and shall be determined by a simple majority vote of the Lot owners with 1 vote for
each of the original lots 1-8.Ifan originalLot is short platted,then the individual
Lot owner doing the short plat willhave the single vote for the short platted Lots.
The short platting Lot owner shall be responsible for the one-eighth cost of
constructing the Private Road and Utilities.Each Lot owner,or his or her
successor in interest of Lots 1-8 of the McCloud Testamentary division,of which
the foregoing lots 1-8 are a part thereof,shall be responsible for his/her/theirone-
eighth share of the construction cost of the Private Road and Utilities.Ifany Lot
owner has voted negative and objected to the Private Road and Utility
construction,then the remaining Lot owners,which affirmatively approved the
Private Road and Utilityconstruction,may proceed to construct the Private Road
and Utilitiesat their cost.A memorandum outliningthe cost of construction of the
Private Road and Utilitiesshall be prepared and signed by all participatingLot
owners.(See Attachment 1)The Memorandum shall be recorded against the title
of each Lot that did not participate in the construction of the Private Road and
Utilities.
Each non-participating Lot Owner of Lots 1-8 of the McCloud Testamentary
division shall pro rata pay to the constructing Lot Owner(s)his/herltheirone-eighth
(1/8th)share of the construction cost before any construction permits are applied
for or issued through the City of Yelm or Thurston County.This late comer
provision is a material part of the ownership and development rightsfor each lotof
the McCloud Testamentary division and payment of a lot owner's share of the
Private Road and Utilitiesis expressly made a condition precedent to the issuance
of any development permits on any lotowned by a non-participating Lot Owner or
his/her/theirsuccessor in interest.All accumulated interestshall be payable to the
Lot owners that incurred the construction expense.
Construction of Private Road and UtilitiesWithout Majority Approval:
Ifthe construction of the Private Road and Utilitiesis voted negative by a simple
4028309 Page 6 of 13 4028310 Page 6 of 13
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ThurstonCountyWashington ThurstonCountyWashington
ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
illllilllllllllllllillllfilllllllllllllillllllillllllllllll|1|1|||1IlllllllllllIIIIlllilll||||ll|||llhlillillllllllittilittillllllHI(Hilll||||lillillilllllllHIllillilll|
majority of Lot owners 1-8,then any single lot owner(s)desiring to construct the
Private Road in order to further develop his or her lot(s),shall be entitled to
proceed with the construction of the Private Road and Utilitieswithout further
approval of the non-approving lotowners.At the conclusion of the construction of
the Private Road and Utilities,a memorandum outliningthe cost of construction of
the Private Road and Utilitiesshall be prepared and signed by allparticipatingLot
owners.(See Exhibit 2)The Memorandum shall be recorded against the titleof
each Lot that did not participate in the construction of the Private Road and
Utilities.The cost shall accumulate interestthereon at five (5%)per annum and
shall be due and payable ifand when the non-participating Lot owner seeks to use
the benefits of the Private Road and Utilities.All interest is payable to the Lot
owners that incurred the construction expenses.
Each non-participating Lot Owner of Lots 1-8 of the McCloud Testamentary
division shall pro rata pay to the constructing Lot Owner(s)his/her/theirone-eighth
(1/8th)share of the construction cost before any construction permits are applied
for or issued through the City of Yelm or Thurston County.This late comer
provision is a material part of the ownership and development rightsfor each lotof
the McCloud Testamentary division and payment of a lot owner's share of the
Private Road and Utilitiesis expressly made a condition precedent to the issuance
of any development permits on any lot owned by a non-participating Lot Owner or
his/her/theirsuccessor in interest.
Majority Approval to Convert Private Road to Public Road:
In the event that the Lot owners of Lots 1-8 (includes additional Lot owners from
further subdivision of originallots 1-8)decide by simple majority vote to construct
and dedicate the Private Road as a Public Road to the City of Yelm,State of
Washington,then each lot owner agrees in advance to execute the dedication
papers to convert the Private Road to a Public Road without protest,even ifthe
Lot owner originallyvoted against the Public Road dedication.All disapproving Lot
owners shall be deemed to have waived the need to sign off or to further approve
the conversion to public road dedication.The City of Yelm shall be entitledto rely
on this waiver provision that is knowingly made by each Lot owner who accepted
titleout of the Estate of Janet McCloud.The cost to construct or convert the
Private Road (including utilities)to a Public Road shall be paid by allthe owners of
Lots 1-8,or into as many equal shares as there are original Lots 1-8 and further
subdivided lots.If any lot owner fails or refuses to make his or her pro rata
payment,then the remaining paying Lot owners shall be entitledto pay that Lot
owner's pro rata share and thereafter,the paying Lot owner shall have alien upon
the non-paying lotowner's Lot to include interestthereon at twelve (12%)per cent
per annum untilpaid.The lienwillbe due and payable on the sale,transfer,or gift
of the liened lot,or twelve (12)months from the date of the lien.The lien shall be
treated under 60.04 RCW as a construction lienand may be foreclosed upon after
12 months.The lien shall not expire by time.
4028309 Page 7 of 13 0 Page 7 of 13
09107/200011:18AM Easement 7 402831
ThurstonCountyWashington 08/07/200011:18AM Agreement
ESTATEJANETMCGLOUD ThurstonCountyWashington
IIninalillllianIIIIIIIIIIllumiltillainlinlinlilliallinlill5dilahlillianistillinalillianualli
No Majority Approval to Convert Private Road to Public Road:
Ifa simple majority approval of Lot owners 1-8 is not achieved through vote,and
any single lot owner(s)wants to proceed to construct the Public Road in order to
further develop his or her lot,then that lot owner(s)shall be entitledto proceed
with the construction of the Public Road and Utilitieswithout further approval of the
non-approving lotowners.At the conclusion of the construction of the Public Road
and Utilities,and accepted dedication to the City of Yelm and/or State of
Washington,a memorandum outliningthe cost of construction of the Public Road
and Utilitiesshall be prepared and signed by all participatingLot owners.(See
Attachment 1)The Memorandum shall be recorded against the titleof each Lot
that did not participate in the construction of the Public Road and Utilities.The
cost shall accumulate interest thereon at five (5%)per annum and shall be due
and payable ifand when the non-participatingLot owner seeks to use the benefits
of the Private Road and Utilities,or shall be due on the gift,sale or transfer of
ownership of the subject Lot.Interest is payable to the Lot owners that incurred
the construction expenses.This late comer provision is a material pad of the
ownership and development rights for each lot of the McCloud Testamentary
division and payment of a lot owner's share of the road construction cost is
expressly made a condition precedent to the issuance of any development
permits.
Road Maintenance Obligations:Each owner of Lots 1-8 of the McCloud
Testamentary division (See Exhibit A),his/her/theirsuccessor in interest,including
further subdivisions of the original8 lots,shall be responsible for the payment of
one-ei9hth,or other fractionalinterestbased upon the number of actual legal lots,
for the cost of private road maintenance.Any Lot owner who does not pay
his/her/theirfractionalshare when due shall have caused upon his/herltheirLot a
lien for the fractionalshare of the maintenance cost,together with any attorney
fees incurred by the paying lotowners and interestthereon at 12%per annum until
paid.Provided,however,allroad maintenance shall be discussed in advance of
actual work by the owners of Lots 1-8 of the McCloud Testamentary Division,
including further subdivided lots.The owners proposing maintenance shall obtain
a minimum of three (3)bids for the work to be performed.The simple majority
decision of the owners of Lots 1-8 shall be binding upon all lot owners.The
decision on what maintenance shall be scheduled shall be approved by the simple
majority of all lot owners and shall be in writing and signed by all approving lot
owners.All maintenance cost shall be paid in advance of the work being
performed whenever possible,but the failureto collect payment in advance does
not discharge any obligation of any lot owner to pay his /her/theirshare of any
road maintenance.Payment of Road Maintenance cost is mandatory for each Lot
owner.Any Lot owner making payment of a non-paying Lot owner's obligation,
following the expiration of thirty(30)days written notice to pay mailed to the "non-
paying"Lot owner by certifiedmail,return receipt requested,shall thereafter have
of lien upon the non-paying Lot Owner's Lot which may be foreclosed like a
4028309 Page 8 of 13
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ThurstonCountyWashington 09/07/200811:18AM Agreement
ESTATEJANETMCCLOUD ThurstonCountyWashington
IIlliminIIIIIIIllululllIIIIIllanIIIIIIIIIIIIntilillIIIIllulittillRIMilWilialillinistilliallialillimillinalillianillulill
contractor's lien under 60.04 RCW.Attorney fees shall be available to a Lot
owner that is required to foreclose upon such payment.No foreclosure shall take
place untilthe lien holder gives the non-paying Lot owner 30 days in which to pay
the principaland accrued interestin full.
Covenants in Perpetuity and Run with the Land:These Road covenants,road
maintenance obligations and the easement shall run with the land and exist in
perpetuity.The layout of the McCloud Testamentary division is attached hereto as
Attachment 2 and sets forth the road design and lot layout for the McCloud
Testamentary Division The covenants shall equally apply to the owners of any lot
that is further subdivided into smaller lots.The cost mentioned for maintenance
shall be allocated to all lot owners,including further subdivided lot owners of any
original Lot.For example,Lot 1 is subdivided into 4 smaller lots.The
maintenance of the private roadway shall then be divided amongst all 11 Iot
owners and not just the original8 owners.Each lotowner shall have one vote per
lot owned.The fractionalinterestshall be based on totallots existing at the time
the decision is to be made.
Miscellaneous:These covenants shall be liberallyconstrued and shall run with
the land and bind all original lot owners and their successors and further
subdivisions in interest.These covenants shall be interpreted to give effect to
equal sharing of maintenance and construction cost to every lot owner in the
McCloud Testamentary Division.(See Exhibit A)This document,and the
obligations herein,shall be governed by the laws of the state of Washington with
venue in the Superior Court of Thurston County,Washington.
Homeowner or Road Maintenance Association:Itshall be the responsibilityof
the Lot Owners of Lots 1-8 to form a Homeowner's Association or Road
Maintenance Association to manage the private roadway and maintenance
thereto.The failure to form a homeowner's association or Road Maintenance
Association shall not excuse the obligations of each lotowner under these terms,
covenants and conditions.
Dated:July 31,2008
Jame .Gaut r,minis ator
Estat ofJanet cClou
Pierc Cause No.04-4-00042-9
4028309 Page 9 of 13 9 4028310 Page 9 of 1308/07/200811:19AM Easement 08/07/200811:18AM AgreementThurstonCountyWashingtonThurstonCountyWashingtonESTATEJANETMCCLOUDESTATEJANETMCCLOUD
lilllllllllllllilllilllllllllllillillIllillllllllIllillllillilllllllllfillllllllllllllllillIIllllllllllllillllllillllllllllllifilllllllllllllfilllllllilllllllllIlillllllllllllllllIIIIll1
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this 0 day of ly,2008 personally appeared James A.Gauthier,to
be known to be the duly appointed and acting Administrator for the Estate of Janet
McCloud,Pierce County Cause No.04-4-00042-9 and acknowledged to me that
he was signing the foregoing document for the use and benefit of the Estate of
Janet McCloud and the heirs thereto and that he did so sign as his free and
voluntary act and deed for the uses and benefits thereto.
Print Name:geq
1 NOTARY PUBLIC in /d for the state
jo
'
Of Washington residing at if G4Q.
s ::My Commission Expires tr yby
4028309 Page 10 at 13
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ThurstonCountyWashington
ThurstonCountyWashington
ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
111111111111111151111111111111111)!1111111111111111115111111111111111111111111111111111111118
||1511115IIIIIIIllillilllllmiollilllllllBillillllllllllSllllllllilli
EXHIBIT 1
McCLOUD TESTAMENTARY DIVISION PLAT DRAWING
4028309 Page 11 of 13 11 te9pi e 11:18am as t Page 11 of 13
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reemen
ThurstonCountyWashington ESTATEJANETMCCLOUD
RiflilliBillillitiIIIIIIIIIIIIllIllillullIIIIIIIIIIIlillilltillialillullialillilillifilliffillIIIIIllillfillinulillutilillinflillutillitulillillIllillillillIIIIIll
EXHIBIT 2
NOTICE CONCERNING COST OF CONSTRUCTION
OF
ROAD AND UTILTIES
Please take notice that a Lot Owner's lien for the pro rata cost of
constructing the Private or Public Road and Utilitiesfor Lots 1-8 of the McCloud
Testamentary Division,including further subdivision of the original 8 Lots,is
claimed against Lot thereof and legally described on Exhibit A hereto,
which by this reference is incorporated herein as iffullyset forth.
This lien is in the amount of $and the lien has been
incurred for one or more of the following:
[]Non-payment of initialRoad and Utilitycost.
[]Non-payment of road maintenance cost
[]Non-payment of road conversion cost from private to public road
This lien bears interestat %per annum and shall continue to
bear interestuntilpaid.
The Lot Owner whose property is liened herein shall not be eligibleto apply
for a building or other development permit,short plat or similar property division,
untiland unless this lien is satisfiedin full.In addition,the liened Lot Owner shall
not transfer titleby gift,trade or sale without firstpaying this lien in full.Payment
of this lien,including accumulated interest,shall be paid to:
This lien may be foreclosed in the manner of a construction lien under
60.04 RCW.Provided,no foreclosure shall proceed untilthe Lot Owner is given a
minimum of thirty(30)days in which to pay this lien off in full.Ifforeclosure is
required,the prevailing party is entitledto recover a reasonable attorney's fee and
cost of suit.
4028309 Page 12 of 13 4028310 Page 12 of 1308107/200B11:19AM Easement 12 08/07/200.11 is no areementThurstonCountyWashingtonThurstonCountyWashingtonESTATEJANETMCCLOUDESTATEJANETMCCLOUD
lilllllll!Illlllllllllll!Illillllllllll|IllilllllillllllllllllllilllllllIllllllllllilllllllilllllllllli||llllllliIIllillllllll|Illilllllllll|IllllllilllllllllllllllllllillllllilllllllllllllllllIIIIIllllll|
This Notice may be signed and recorded by any two Lot Owners
representing the interest of all paying Lot Owners.The City of Yelm,Thurston
County and the State of Washington shall not issue any permits until this late
comer's payment is received in full.
Dated this day of ,200
State of Washington )
)ss.
County of Thurston )
On this day of ,200_,personally appeared before
me,a Notary Public,and
,to me known by representation of authority,to be a person
authorized to execute this Notice and acknowledged to me that helshe did so as
his or her free and voluntary act and deed for the uses and purposes therein
mentioned.
Print Name:
NOTARY PUBLIC in and for the state of
Washington residing at
My commission expires:
4028309 Page 13 of 13 4028310 Page 13 of 13
08/07/200811.18AM Easement 08/071200811:19AM AgreementThurstonCountyWashingtonThurstonCountyWashingtonESTATEJANETMCCLOUDESTATEJANETMCCLOUD
||1HIlillilllllllllllililllilllllllllllillllllllllllllll|111Illilllllllllllillilllllllli
When recorded returnto:
James A.Gauthier,JD
22605 97 Avenue South
Kent,WA 98031-2444
ThurstonCountyTreasurerRO
RealEstateExciseTaxpaid (LO 914
By Deputy
Grantor:Estateof Janet Mc Cloud,Thurston County Probate No.04-4-99942-9 by
James A.Gauthier,JD,Administrator
Grantee:Estateof Janet McCloud and the heirsthereto
Document:Easement,Road Maintenance and Road ConstructionAgreement
Original Legal:Sec.19,Twp 17,Range 2E,WM,NE Corner of the NW of NW K
EXCEPT N209F of W 209F,ALSO EXCEPT S145.50F OF W300F OF
E20F
Tax Parcel#:22719220100 (OriginalParcel)
Lots 1-8 Sub parcelsneed to be assigned per Testamentary Division
INGRESS,EGRESS AND UTILITY EASEMENT
ROAD MAINTENANCE AGREEMENT
PRIVATElPUBLIC ROAD PROVISIONS
THIS IS THE LEGAL DESCRIPTION OF THE ROAD/UTILITY EASEMENT
WHICH SHALL ATTACH TO LOTS 1-8 OF THE MCCLOUD TESTAMENTARY
DIVISION
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89"38'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 20.00 FEET TO THE WESTERLY
MARGIN OF CRYSTAL SPRINGS ROAD;THENCE SOUTH 00*36'23"WEST
ALONG SAID WESTERLY MARGIN,A DISTANCE OF 219.74 FEET TO THE
POINT OF BEGINNING;THENCE NORTH 89023'O4"WEST,A DISTANCE OF
234.42 FEET TO THE BEGINNING OF A CURVE TANGENT TO SAID LINE;
THENCE WESTERLY AND SOUTHWESTERLY A DISTANCE OF 104.16 FEET
ALONG THE CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF
138.00 FEET AND A CENTRAL ANGLE OF 43.14'47";THENCE SOUTH
47022'O9"WEST TANGENT TO SAID CURVE,A DISTANCE OF 64.46 FEET TO
THE BEGINNING OF A CURVE TANGENT TO SAID LINE;THENCE
SOUTHWESTERLY AND WESTERLY A DISTANCE OF 8.15 FEET ALONG THE
CURVE CONCAVE TO THE NORTH,HAVING A RADIUS OF 10.00 FEET AND A
CENTRAL ANGLE OF 46*42'30"TO A POINT OF REVERSE CURVATURE;
81 132 e 11:18sm EasementPage 1 of 13 4028310 Page 1 of 13
ThurstonCountyWashington DB/07/200B11:19AM Agreement
ESTATEJANETMCCt..OUD ThurstonCountyWashington
IlluluIIIIIIIIIIIIllululIIIIIIIIIllIllisillulllIIIIlliallulliaIlilliallinalillaillaginingaaman us on an
THENCE WESTERLY A DISTANCE OF 4.27 FEET ALONG THE ARC OF SAID
CURVE CONCAVE TO THE SOUTH HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 4'O4'38"TO A POINT OF COMPOUND CURVATURE;
THENCE WESTERLY,SOUTHWESTERLY AND SOUTHERLY A DISTANCE OF
94.25 FEET ALONG THE ARC OF SAID CURVE CONCAVE TO THE
SOUTHEAST HAVING A RADIUS OF 60.00 FEET AND A CENTRAL ANGLE OF
90000'00"TO A POINT OF COMPOUND CURVATURE;THENCE SOUTHERLY,
SOUTHEASTERLY AND EASTERLY A DISTANCE OF 94.25 FEET ALONG THE
ARC OF SAID CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF
60.00 FEET AND A CENTRAL ANGLE OF 90*00'00"TO A POINT OF
COMPOUND CURVATURE;THENCE EASTERLY,NORTHEASTERLY AND
NORTHERLY A DISTANCE OF 93.56 FEET ALONG THE ARC OF SAID CURVE
CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 60.00 FEET AND A
CENTRAL ANGLE OF 89020'21"TO A POINT OF REVERSE CURVATURE;
THENCE NORTHERLY AND NORTHEASTERLY A DISTANCE OF 8.15 FEET
ALONG THE ARC OF SAID CURVE CONCAVE TO THE SOUTHEAST HAVING
A RADIUS OF 10.00 FEET AND A CENTRAL ANGLE OF 46*42'30";THENCE
NORTH 47*22'O9"EAST
TANGENT TO SAID CURVE,A DISTANCE OF 64.46 FEET TO THE BEGINNING
OF A CURVE TANGENT TO SAID LINE;THENCE NORTHEASTERLY AND
EASTERLY A DISTANCE OF 46.80 FEET ALONG THE CURVE CONCAVE TO
THE SOUTH,HAVING A RADIUS OF 62,00 FEET AND A CENTRAL ANGLE OF
43.14'47";THENCE SOUTH 89*23'O4"EAST TANGENT TO SAID CURVE,A
DISTANCE OF 234.43 FEET TO THE WESTERLY MARGIN OF CRYSTAL
SPRINGS ROAD;THENCE NORTH 00"36'23"EAST ALONG SAID WESTERLY
MARGIN,A DISTANCE OF 76.00 FEET TO THE POINT OF BEGINNING.
The foregoing Easement and following Covenants touch,benefit and burden the
following legallydescribed lots 1-8 of the McCloud Testamentary Division:A copy
of the recorded 8 Lot Testamentary Division is attached hereto as Exhibit A,which
by this reference is incorporated herein as iffullyset forth.
LEGAL DESCRIPTIONS OF LOTS 1-8 OF THE MCCLOUD TESTAMENTARY
DIVISION THAT ARE BENEFITTED AND BURDENED BY THE EASEMENT.
LOT 1
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89038'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 20.00 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89.38'31"WEST,A DISTANCE OF
181.78 FEET;THENCE SOUTH 00*36'56"WEST,A DISTANCE OF 256.92
FEET;THENCE SOUTH 89*23'04"EAST,A DISTANCE OF 181.82 FEET TO
THE WESTERLY MARGIN OF CRYSTAL SPRINGS ROAD;THENCE NORTH
4028309 Page 2 of 13 2 Pa e 2 of 1309/07/200811:19AM Easement 4028310 9
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ESTATEJANETMCCLOUD ThurstonGountyWashmaton
IIIIIllIIIIInIllittillialillulillIllillimilitillillinIllulinualillin
EMManalsunlillionunsuini
00036'23"EAST ALONG SAID WESTERLY MARGIN,A DISTANCE OF 257.74
FEET TO THE POINT OF BEGINNING.
LOT 2
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH 89"38'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 201.78 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89038'31"WEST,A DISTANCE OF
242.02 FEET;THENCE SOUTH 27,24'40"EAST,A DISTANCE OF 303.11 FEET
TO THE BEGINNING OF A CURVE RADIAL TO SAID LINE;THENCE
NORTHEASTERLY AND EASTERLY A DISTANCE OF 48.92 FEET ALONG THE
CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF 100.00 FEET AND
A CENTRAL ANGLE OF 28*01'36";THENCE SOUTH 89*23'04"EAST
TANGENT TO SAID CURVE,A DISTANCE OF 52.60 FEET;THENCE NORTH
00o36'56"EAST,A DISTANCE OF 256.92 FEET TO THE POINT OF
BEGINNING.
LOT 3
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH 89038'31"WEST
ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER OF THE
NORTHWEST QUARTER,A DISTANCE OF 443.80 FEET TO THE POINT OF
BEGINNING;THENCE CONTINUE NORTH 89'38'31"WEST,A DISTANCE OF
50.21 FEET TO THE NORTHEAST CORNER OF THE WEST 209 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2
EAST OF THE W.M;THENCE SOUTH 00*36'56"WEST ALONG SAID EAST
LINE OF THE WEST 209 FEET,A DISTANCE OF 209.00 FEET TO SOUTH LINE
OF THE NORTH 209 FEET OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,
TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M;THENCE NORTH
89'38'31"WEST ALONG SAID SOUTH LINE,A DISTANCE OF 103.29 FEET;
THENCE SOUTH 50.42'19"EAST,A DISTANCE OF 243.82 FEET;THENCE
NORTH 47.22'O9"EAST,A DISTANCE OF 115.41 FEET TO THE BEGINNING
OF A CURVE TANGENT TO SAID LINE;THENCE NORTHEASTERLY A
DISTANCE OF 26.56 FEET ALONG THE CURVE CONCAVE TO THE
SOUTHEAST,HAVING A RADIUS OF 100.00 FEET AND A CENTRAL ANGLE
OF 15.13'12";THENCE NORTH 27o24'40"WEST RADIAL TO SAID CURVE,A
DISTANCE OF 303.11 FEET TO THE POINT OF BEGINNING.
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ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
Illlllllilllllillllllll|11lillltillllllllllilllilllllllllliulilllllllllllllilllli||llillmill||lillillillllllillillilllllllWillillllllllMAlillll|
LOT 4
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTH 209 FEET OF
THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE NORTH 89038'31"WEST
ALONG THE SOUTH LINE OF SAID NORTH 209 FEET OF THE WEST 209
FEET,A DISTANCE OF 103.29 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUE NORTH 89.38'31"WEST,A DISTANCE OF 105.71 FEET TO THE
WEST LINE OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
SOUTH 00.36'56"WEST ALONG SAID WEST LINE,A DISTANCE OF 238.15
FEET;THENCE NORTH 74.22'21"EAST,A DISTANCE OF 308.35 FEET;
THENCE NORTH 50,42'19"WEST,A DISTANCE OF 243.82 FEET TO THE
POINT OF BEGINNING.
LOT 5
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTH 209 FEET OF
THE WEST 209 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17
NORTH,RANGE 2 EAST OF THE W.M.;THENCE SOUTH 00.36'56"WEST
ALONG THE WEST LINE OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
19,A DISTANCE OF 238.15 FEET TO THE POINT OF BEGINNING;THENCE
CONTINUE SOUTH 00,36'56"WEST,A DISTANCE OF 213.79 FEET TO THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF THE
NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION
19;THENCE SOUTH 89.38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER,A DISTANCE OF 75.81 FEET;THENCE NORTH
36.55'32"EAST,A DISTANCE OF 371.92 FEET;THENCE SOUTH 74*22'21"
WEST,A DISTANCE OF 308.35 FEET TO THE POINT OF BEGINNING.
LOT 6
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89,38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,A DISTANCE OF 75.81 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89"38'19"EAST,A
DISTANCE OF 289.42 FEET;THENCE NORTH 12.26'16"WEST,A DISTANCE
OF 306.34 FEET;THENCE SOUTH 36*55'32"WEST,A DISTANCE OF 371.92
FEET TO THE POINT OF BEGINNING.
Page 4 of 13
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ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
Illilllllllllllllllilll|lllllllllllllIllllllIIIIllll||||Illlllllillllllllllfillllilll||||ll|(algiltlillMINIM
LOT 7
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89.38'19"EAST ALONG THE SOUTH LINE OF SAID
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,A DISTANCE OF 365.23 FEET TO
THE POINT OF BEGINNING;THENCE CONTINUE SOUTH 89,38'19"EAST,A
DISTANCE OF 17.88 FEET TO THE SOUTHWEST CORNER OF THE SOUTH
145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE
NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2
EAST OF THE W.M.;THENCE NORTH 00,36'23"EAST ALONG THE WEST
LINE OF SAID SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE EAST 320
FEET,A DISTANCE OF 145.50 FEET TO THE NORTH LINE OF SAID SOUTH
145.5 FEET OF THE WEST 300 FEET OF THE EAST 320 FEET;THENCE
SOUTH 89038'19"EAST ALONG SAID NORTH LINE,A DISTANCE OF 118.82
FEET;THENCE NORTH 00.36'56"EAST,A DISTANCE OF 258.54 FEET;
THENCE NORTH 89"23'04"WEST,A DISTANCE OF 53.28 FEET TO THE
BEGINNING OF A CURVE TANGENT TO SAID LINE;THENCE WESTERLY
AND SOUTHWESTERLY A DISTANCE OF 75.48 FEET ALONG THE CURVE
CONCAVE TO THE SOUTH,HAVING A RADIUS OF 100.00 FEET AND A
CENTRAL ANGLE OF 43.14'47";THENCE SOUTH 47'22'O9"WEST TANGENT
TO SAID CURVE,A DISTANCE OF 115.41 FEET;THENCE SOUTH 12'26'16"
EAST,A DISTANCE OF 306.34 FEET TO THE POINT OF BEGINNING.
LOT 8
COMMENCING AT THE NORTHWEST CORNER OF THE SOUTH 145.5 FEET
OF THE WEST 300 FEET OF THE EAST 320 FEET OF THE NORTHEAST
QUARTER OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER
OF SECTION 19,TOWNSHIP 17 NORTH,RANGE 2 EAST OF THE W.M.;
THENCE SOUTH 89038'19"EAST ALONG THE NORTH LINE OF SAID SOUTH
145.5 FEET,A DISTANCE OF 118.82 FEET TO THE POINT OF BEGINING;
THENCE NORTH 00,36'56"EAST,A DISTANCE OF 258.54 FEET;THENCE
SOUTH 89"23'04"EAST,A DISTANCE OF 181.14 FEET TO THE WESTERLY
MARGIN OF CRYSTAL SPRINGS ROAD;THENCE SOUTH 00o36'23"WEST
ALONG SAID WESTERLY MARGIN,A DISTANCE OF 257.74 FEET TO THE
NORTH LINE OF THE SOUTH 145.5 FEET OF THE WEST 300 FEET OF THE
EAST 320 FEET OF THE NORTHEAST QUARTER OF THE NORTHWEST
QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19;THENCE
NORTH 89"38'19"WEST ALONG SAID NORTH LINE,A DISTANCE OF 181.19
FEET TO THE POINT OF BEGINNING.
4028309 Page 5 of 13 048 78;a st ra an agreement
Page 5 of 13
08/07/200B11:18AM Easement 5 Thurstoncountywashinston
ThurstonCountyWashington ESTATEJANETMCCLOUD
Covenants to Run with Land:The following terms,conditions and covenants
shall attach to each of the Lots 1-8 of the McCloud Testamentary Division.Each
individual(s)taking titleto one of the originallots 1-8 of said testamentary division
takes titlesubject to the forgoing easement for utilitiesand road and the
obligations set forth below and drawn on Exhibit A hereto.,
Construction of Private Road and UtilitiesFollowing Majority Approval:
The roadway covered by this Easement (See Exhibit A)is intended to be a Private
Road and the construction of the Private Road must be to Thurston County/State
of Washington Private Road Standards set out in Title 16 YMC and the Yelm
Development Guidelines for any lot to be developed further.The construction of
the Private Road includes the construction and installationof allavailable utilities,
including,but not limited to water,sewer,power,cable and gas.The decision to
construct the Private Road and Utilitiesis vested with the fee owners of Lots 1-8
and shall be determined by a simple majority vote of the Lot owners with 1 vote for
each of the original lots 1-8.Ifan originalLot is short platted,then the individual
Lot owner doing the short plat willhave the single vote for the short platted Lots.
The short platting Lot owner shall be responsible for the one-eighth cost of
constructing the Private Road and Utilities.Each Lot owner,or his or her
successor in interest of Lots 1-8 of the McCloud Testamentary division,of which
the foregoing lots 1-8 are a part thereof,shall be responsible for his/her/theirone-
eighth share of the construction cost of the Private Road and Utilities.Ifany Lot
owner has voted negative and objected to the Private Road and Utility
construction,then the remaining Lot owners,which affirmatively approved the
Private Road and Utilityconstruction,may proceed to construct the Private Road
and Utilitiesat their cost.A memorandum outliningthe cost of construction of the
Private Road and Utilitiesshall be prepared and signed by all participatingLot
owners.(See Attachment 1)The Memorandum shall be recorded against the title
of each Lot that did not participate in the construction of the Private Road and
Utilities.
Each non-participating Lot Owner of Lots 1-8 of the McCloud Testamentary
division shall pro rata pay to the constructing Lot Owner(s)his/herltheirone-eighth
(1/8th)share of the construction cost before any construction permits are applied
for or issued through the City of Yelm or Thurston County.This late comer
provision is a material part of the ownership and development rightsfor each lotof
the McCloud Testamentary division and payment of a lot owner's share of the
Private Road and Utilitiesis expressly made a condition precedent to the issuance
of any development permits on any lotowned by a non-participating Lot Owner or
his/her/theirsuccessor in interest.All accumulated interestshall be payable to the
Lot owners that incurred the construction expense.
Construction of Private Road and UtilitiesWithout Majority Approval:
Ifthe construction of the Private Road and Utilitiesis voted negative by a simple
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ThurstonCountyWashington ThurstonCountyWashington
ESTATEJANETMCCLOUD ESTATEJANETMCCLOUD
illllilllllllllllllillllfilllllllllllllillllllillllllllllll|1|1|||1IlllllllllllIIIIlllilll||||ll|||llhlillillllllllittilittillllllHI(Hilll||||lillillilllllllHIllillilll|
majority of Lot owners 1-8,then any single lot owner(s)desiring to construct the
Private Road in order to further develop his or her lot(s),shall be entitled to
proceed with the construction of the Private Road and Utilitieswithout further
approval of the non-approving lotowners.At the conclusion of the construction of
the Private Road and Utilities,a memorandum outliningthe cost of construction of
the Private Road and Utilitiesshall be prepared and signed by allparticipatingLot
owners.(See Exhibit 2)The Memorandum shall be recorded against the titleof
each Lot that did not participate in the construction of the Private Road and
Utilities.The cost shall accumulate interestthereon at five (5%)per annum and
shall be due and payable ifand when the non-participating Lot owner seeks to use
the benefits of the Private Road and Utilities.All interest is payable to the Lot
owners that incurred the construction expenses.
Each non-participating Lot Owner of Lots 1-8 of the McCloud Testamentary
division shall pro rata pay to the constructing Lot Owner(s)his/her/theirone-eighth
(1/8th)share of the construction cost before any construction permits are applied
for or issued through the City of Yelm or Thurston County.This late comer
provision is a material part of the ownership and development rightsfor each lotof
the McCloud Testamentary division and payment of a lot owner's share of the
Private Road and Utilitiesis expressly made a condition precedent to the issuance
of any development permits on any lot owned by a non-participating Lot Owner or
his/her/theirsuccessor in interest.
Majority Approval to Convert Private Road to Public Road:
In the event that the Lot owners of Lots 1-8 (includes additional Lot owners from
further subdivision of originallots 1-8)decide by simple majority vote to construct
and dedicate the Private Road as a Public Road to the City of Yelm,State of
Washington,then each lot owner agrees in advance to execute the dedication
papers to convert the Private Road to a Public Road without protest,even ifthe
Lot owner originallyvoted against the Public Road dedication.All disapproving Lot
owners shall be deemed to have waived the need to sign off or to further approve
the conversion to public road dedication.The City of Yelm shall be entitledto rely
on this waiver provision that is knowingly made by each Lot owner who accepted
titleout of the Estate of Janet McCloud.The cost to construct or convert the
Private Road (including utilities)to a Public Road shall be paid by allthe owners of
Lots 1-8,or into as many equal shares as there are original Lots 1-8 and further
subdivided lots.If any lot owner fails or refuses to make his or her pro rata
payment,then the remaining paying Lot owners shall be entitledto pay that Lot
owner's pro rata share and thereafter,the paying Lot owner shall have alien upon
the non-paying lotowner's Lot to include interestthereon at twelve (12%)per cent
per annum untilpaid.The lienwillbe due and payable on the sale,transfer,or gift
of the liened lot,or twelve (12)months from the date of the lien.The lien shall be
treated under 60.04 RCW as a construction lienand may be foreclosed upon after
12 months.The lien shall not expire by time.
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ESTATEJANETMCGLOUD ThurstonCountyWashington
IIninalillllianIIIIIIIIIIllumiltillainlinlinlilliallinlill5dilahlillianistillinalillianualli
No Majority Approval to Convert Private Road to Public Road:
Ifa simple majority approval of Lot owners 1-8 is not achieved through vote,and
any single lot owner(s)wants to proceed to construct the Public Road in order to
further develop his or her lot,then that lot owner(s)shall be entitledto proceed
with the construction of the Public Road and Utilitieswithout further approval of the
non-approving lotowners.At the conclusion of the construction of the Public Road
and Utilities,and accepted dedication to the City of Yelm and/or State of
Washington,a memorandum outliningthe cost of construction of the Public Road
and Utilitiesshall be prepared and signed by all participatingLot owners.(See
Attachment 1)The Memorandum shall be recorded against the titleof each Lot
that did not participate in the construction of the Public Road and Utilities.The
cost shall accumulate interest thereon at five (5%)per annum and shall be due
and payable ifand when the non-participatingLot owner seeks to use the benefits
of the Private Road and Utilities,or shall be due on the gift,sale or transfer of
ownership of the subject Lot.Interest is payable to the Lot owners that incurred
the construction expenses.This late comer provision is a material pad of the
ownership and development rights for each lot of the McCloud Testamentary
division and payment of a lot owner's share of the road construction cost is
expressly made a condition precedent to the issuance of any development
permits.
Road Maintenance Obligations:Each owner of Lots 1-8 of the McCloud
Testamentary division (See Exhibit A),his/her/theirsuccessor in interest,including
further subdivisions of the original8 lots,shall be responsible for the payment of
one-ei9hth,or other fractionalinterestbased upon the number of actual legal lots,
for the cost of private road maintenance.Any Lot owner who does not pay
his/her/theirfractionalshare when due shall have caused upon his/herltheirLot a
lien for the fractionalshare of the maintenance cost,together with any attorney
fees incurred by the paying lotowners and interestthereon at 12%per annum until
paid.Provided,however,allroad maintenance shall be discussed in advance of
actual work by the owners of Lots 1-8 of the McCloud Testamentary Division,
including further subdivided lots.The owners proposing maintenance shall obtain
a minimum of three (3)bids for the work to be performed.The simple majority
decision of the owners of Lots 1-8 shall be binding upon all lot owners.The
decision on what maintenance shall be scheduled shall be approved by the simple
majority of all lot owners and shall be in writing and signed by all approving lot
owners.All maintenance cost shall be paid in advance of the work being
performed whenever possible,but the failureto collect payment in advance does
not discharge any obligation of any lot owner to pay his /her/theirshare of any
road maintenance.Payment of Road Maintenance cost is mandatory for each Lot
owner.Any Lot owner making payment of a non-paying Lot owner's obligation,
following the expiration of thirty(30)days written notice to pay mailed to the "non-
paying"Lot owner by certifiedmail,return receipt requested,shall thereafter have
of lien upon the non-paying Lot Owner's Lot which may be foreclosed like a
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ESTATEJANETMCCLOUD ThurstonCountyWashington
IIlliminIIIIIIIllululllIIIIIllanIIIIIIIIIIIIntilillIIIIllulittillRIMilWilialillinistilliallialillimillinalillianillulill
contractor's lien under 60.04 RCW.Attorney fees shall be available to a Lot
owner that is required to foreclose upon such payment.No foreclosure shall take
place untilthe lien holder gives the non-paying Lot owner 30 days in which to pay
the principaland accrued interestin full.
Covenants in Perpetuity and Run with the Land:These Road covenants,road
maintenance obligations and the easement shall run with the land and exist in
perpetuity.The layout of the McCloud Testamentary division is attached hereto as
Attachment 2 and sets forth the road design and lot layout for the McCloud
Testamentary Division The covenants shall equally apply to the owners of any lot
that is further subdivided into smaller lots.The cost mentioned for maintenance
shall be allocated to all lot owners,including further subdivided lot owners of any
original Lot.For example,Lot 1 is subdivided into 4 smaller lots.The
maintenance of the private roadway shall then be divided amongst all 11 Iot
owners and not just the original8 owners.Each lotowner shall have one vote per
lot owned.The fractionalinterestshall be based on totallots existing at the time
the decision is to be made.
Miscellaneous:These covenants shall be liberallyconstrued and shall run with
the land and bind all original lot owners and their successors and further
subdivisions in interest.These covenants shall be interpreted to give effect to
equal sharing of maintenance and construction cost to every lot owner in the
McCloud Testamentary Division.(See Exhibit A)This document,and the
obligations herein,shall be governed by the laws of the state of Washington with
venue in the Superior Court of Thurston County,Washington.
Homeowner or Road Maintenance Association:Itshall be the responsibilityof
the Lot Owners of Lots 1-8 to form a Homeowner's Association or Road
Maintenance Association to manage the private roadway and maintenance
thereto.The failure to form a homeowner's association or Road Maintenance
Association shall not excuse the obligations of each lotowner under these terms,
covenants and conditions.
Dated:July 31,2008
Jame .Gaut r,minis ator
Estat ofJanet cClou
Pierc Cause No.04-4-00042-9
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STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this 0 day of ly,2008 personally appeared James A.Gauthier,to
be known to be the duly appointed and acting Administrator for the Estate of Janet
McCloud,Pierce County Cause No.04-4-00042-9 and acknowledged to me that
he was signing the foregoing document for the use and benefit of the Estate of
Janet McCloud and the heirs thereto and that he did so sign as his free and
voluntary act and deed for the uses and benefits thereto.
Print Name:geq
1 NOTARY PUBLIC in /d for the state
jo
'
Of Washington residing at if G4Q.
s ::My Commission Expires tr yby
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EXHIBIT 1
McCLOUD TESTAMENTARY DIVISION PLAT DRAWING
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EXHIBIT 2
NOTICE CONCERNING COST OF CONSTRUCTION
OF
ROAD AND UTILTIES
Please take notice that a Lot Owner's lien for the pro rata cost of
constructing the Private or Public Road and Utilitiesfor Lots 1-8 of the McCloud
Testamentary Division,including further subdivision of the original 8 Lots,is
claimed against Lot thereof and legally described on Exhibit A hereto,
which by this reference is incorporated herein as iffullyset forth.
This lien is in the amount of $and the lien has been
incurred for one or more of the following:
[]Non-payment of initialRoad and Utilitycost.
[]Non-payment of road maintenance cost
[]Non-payment of road conversion cost from private to public road
This lien bears interestat %per annum and shall continue to
bear interestuntilpaid.
The Lot Owner whose property is liened herein shall not be eligibleto apply
for a building or other development permit,short plat or similar property division,
untiland unless this lien is satisfiedin full.In addition,the liened Lot Owner shall
not transfer titleby gift,trade or sale without firstpaying this lien in full.Payment
of this lien,including accumulated interest,shall be paid to:
This lien may be foreclosed in the manner of a construction lien under
60.04 RCW.Provided,no foreclosure shall proceed untilthe Lot Owner is given a
minimum of thirty(30)days in which to pay this lien off in full.Ifforeclosure is
required,the prevailing party is entitledto recover a reasonable attorney's fee and
cost of suit.
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This Notice may be signed and recorded by any two Lot Owners
representing the interest of all paying Lot Owners.The City of Yelm,Thurston
County and the State of Washington shall not issue any permits until this late
comer's payment is received in full.
Dated this day of ,200
State of Washington )
)ss.
County of Thurston )
On this day of ,200_,personally appeared before
me,a Notary Public,and
,to me known by representation of authority,to be a person
authorized to execute this Notice and acknowledged to me that helshe did so as
his or her free and voluntary act and deed for the uses and purposes therein
mentioned.
Print Name:
NOTARY PUBLIC in and for the state of
Washington residing at
My commission expires:
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