20050684 Mitigation Agreement 07252008 After recording;return to:
Yelm Community Schools District No.2
P. O. Box 476
Yelm, WA 98597
Attn: Erling M.Birkland
MITIGATION AGREEMENT
Reference No: SUB OS-0684-YL
Grantor: 1. Stanton Develo�ment LLC
11410 NE 122° Way Ste 102
Kirkland, WA 98034
Grantee: 1, Yelm Community Schools Dist, 2
Legal Description: Sec 24, T17, RIE;9301 Cullens Road SE
Assessor's Property Tax Parcel Number/Account Number: 21724110101 &217241101Q0
fi
THIS MITIGATION AGREEMENT ("Agreement") is made this a?��of ��_, 2008,
between the YELM COMMLJNITY SCHOOLS DISTRICT NO. 2, Yelm, Washington (the "District")
and Stanton Development LLC (the"Developer")
RECITALS
A. The Developer has submitted an application to City of Yelm for the construction of a 23
lot subdivision; "Stant�n ivlea.��ws" near Ye!m, �lash. (th� "Proj�ct"�. T'�:� Prajsc� is tocateu a;�
property that lies within District boundaries, more particularly described on Exhibit A, attached hereto
and incorporated herein by reference.
B. The State Environmental Policy Act, Chapter 43.21C RCW ("SEPA"), provides
processes and procedures whereby niajor actions by state and local agencies, including, but not limited
to, plat or PUD approval or the issuance of building permits, may be reviewed to deterniine the nature
and extent of their impact on the environment. Impacts on public services, including schools, are
environmental impacts for the purposes of SEPA. SEPA requires the mitigatiov of adverse
environmental impacts.
C, The District's student population and growth projections indicate that the Project will
have an impact on the District, when cumulative impacts of other projects are considered.
D. RCW 82A2.020 authorizes the District to enter into a voluntary agreement with the
Developer for payment to mitigate the impact of the Developer's Project.
4025798 Page 1 of 4
07/25l2008 �3:19 PM Rgreement
Thurston County Washington
YE�M COMMUNITY SCHOOLS DIST 2
I Illilll III Iillll IIII IIIIII INI IIIIIII IIIIII IIII IIII IIIII IIIII Illlili III IIIII Illll IIIII IIII IIII
E. Pursuant to Resolution No. 12-16-93-05, it is the policy of the District to recommend that
the direct impact of development be voluntarily mitigated by the payment of fees and/or other mitigation
measures where appropriate.
F. The Developer has agreed to mitigate, on a voluntary basis, the adverse impact of the
Project on the District.
AGREEMENT
NOW, THEREFORE, in consideration of the above recitals and the mutual promises and
covenants below,the District and the Developer agree as follows:
1. The Developer acknowledges and agrees that there is a direct impact on the District as a
result of the Developer's Project and that this Agreement is necessary as a result of that impact.
2. The Developer acknowledges and agrees that in order to mitigate the direct impact of the
Project, the Developer has offered to pay the District the following sum of money: Two Thousand Eight
Hundred Sixty Dollars and 00/100 ($2,860.00) for each lot in the subdivision or the total sum of Sixty
Five Thousand Seven Hundred Eighty Dollars and 00/100 �$f5,780.00} (the "Mitigation Payment") for
the 2 i lots of the subdivision. The amount referenced by this paragraph is subject to change pursuant to
paragraph 4 belowe
3. Any extension, renewal, modification or amendment to the Project that results in an
adjustment in the number of lots shall result in a corresponding pro rata adjustment in the Mitigation
Payment. Lot 13 of this subdivision is not subject to mitigation due to an existing dwelling on the
subject property.
4. The Developer agrees that the payment of the full Mitigation Payment (in the amount of
Two Thousand Eight Hundred Sixty Dollars and 00/100 ($2,860.00) per dwelling unit or Sixty five
Thousand Seven Hundred Eighty Dollars and 00/100($65,780.00))for the project, shall be a condition of
building permit issuance for each single family dwelling in the project. If building permit issuance does
not occur within Five(5)years from the date of this Agreement, the amount due for mitigation, as stated
in paragraph 2 above, shall be modified to the amount reflected in the then most recent mitigation
agreement to which the District is a pariy. A copy of such agreement shall be made available to
Developer upon request.
5. The District agrees to record this Agreement after it has been executed by the parties.
6. The Developer acknowtedges and agrees that the Mitigation Payment is authorized to be
used for capital improvements to the following facilities: Fort Stevens Elementary School, Prairie
Elementary School, Lackamas Elementary School, Southworth Elementary School, Mill Pond
Intermediate School, Yelm Middle School, and/or Yelm High School and/or any other facilities that may
be affeeted by the Project and/or the purchase of portable facilities and/or school buses.
7. The Developer agrees that the District has five(5)years from the payment date to spend
the Mitigation Payment for the capital improvements or expenditures described �n �aragraph 6. In the
event that the Mitigation Payment is not expended within those five years, the moneys will be refunded
with interest at the rate applied to judgments to the property owners of record at the time of refund;
however, if the Mitigation Payment is not expended within five years due to delay which is attributable
to the Developer,the Payment shall be refunded without interest.
8. The Developer waives and relinquishes its right to protest or challenge the payment of
the Mitigation Payment pursuant to this Agreement and hereby covenants and undertakes that it forever
refrains and desists from instituting, asserting, filing or bringing any lawsuit, litigation, claim, or
challenge or proceeding to challenge this Agreement, claim any repayment or reimbursement of funds,
performance or improvements provided for therein, or any of its terms and conditions, on any ground or
basis whatsoever.
9. The District herehy waives any objection to the Project as presently proposed.
10. The District and the Developer agree that the Mitigation Payment will be full and
complete mitigation for the impact of the Project as presently proposed on the District.
4025798 Page 2 of 4
07/25/2��8 �3:19 PM Rgreement
Thurston County Washington
YELM COMMUNITY SCHOOLS DIST 2
I IIIIIII III IIIIII illl IIIIII IIII IIIIIII NIIiI illl IIII Iilll IIIII IIIIIII III IIIII IIIII IIIII illl IIII
1 l. This Agreement shall be binding upon and inure to the benefit of the heirs, executors,
administrators, successors, and assigns of both of the Developer and the District.
12. If an action must be brought to enforce the terms of this Agreement, such action shall be
brought in Thurston County Superior Court. The prevailing parly shall be entitled to payment of its costs
and reasonable attorneys'fees.
13. This Agreement constit�ites the entire agreement between the parties and any other
agreement either written or oral shall be null and void.
EXHIBIT A
LEGAL DESCRIPTION
General Location: 9301 Cullens Road SE
Section 24 Township 17 Range lE
Land Area: 6.96 Acres
T�Parcel Number: 21724110101 &21724110100
Description: 24 sin�le-family lots
YELM COMMUNITY SCHOOLS DISTRICT NO, 2
DATED: ����-� -
By: �� � "�(- i�>��.
its --;���e�t,t p�..1.��`� , �.c�� �
STATE OF WASHINGTON )
)SS
COUNTY OF THURSTON }
I certify that I know or have satisfactory evidence that Alan Burke is the person who appeared
before me, and said person acknowledged that he signed this instrument, on oath stated that he was
authorized to execute the instrument and acknowledged it as the Superintendent of the Yelm Community
Schools District No. 2 to be the free and voluntary act of such party for the uses and purposes mentioned
in the instrument. .� �
GNEN under my hand and official seal this � day of� � ,2008.
M: .. .:.
• ;,,�� � .:;� ,,,,,,
t'`t £ t
•�`� r� '� � �". NOTARY PU LIC in and for the State of
` �p� ,. d ' .�, • ^
''' '' ��='� '> Washington, residing at
.a: ''��,tt,- �- .;`sv
. �, . � � ^ t t� _ My Commission Expires: �i-�.9- I'L
.. 6�`,�v�E j.e '+—e
�,: ..,_ .Y3 0
.�ma ° .a�.<�a -
�.,' c .:��
`7,�; C- • ..
�, �� .� �: .``m `.
' 4
�%,,�� � 1:�t�`���titi"'e Page 3 of
r;,
'�r, ,ti�_>�
- r'��=++i�"` 4025798 Aereement
07/25/2008 03:19 PM
Thurston County Washin9ton
YELM COMMUNITY 5CHOOLS DIST 2
III�I'III'I�I'�'�II'I'�I'I u'III"IIIII'I�I��III'I'I'II�III�'I'III'I�I"II'��
I��'��'II�'�I"'I
DATED: [�� �� " "
y: Stanton velopme t --t�4NPf�,�r�S�17�
Its: Developer ��, Z� �c-.�T i
STATE OF WASHINGTON )
)
COUNTY OF )
I certify that I know or have satisfactory evidence that ��.����et-�.� �. �S �s the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he
was authorized to execute the instrument and acknowledged it as the applicant for this subdivision to be
the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
GIVEN under my hand and official seal this �� day of ��-,�,.-_ , 2008.
,�H��tihr:f�� ��,�,,��.s...1(�,-�-��-�---'
`r►EM� �R�i�►���i��� NOTARY PUBLIC in and for the State of
�,'d � �.� Washington, residing at �..(%�.t-�Lc�`-��-
�tARr � My Commission Expires: � ,'? L
.,�,�••- � =
�1����o��j�o?�
r
�� �
'yy'!�, � �►�`�
i�y��,Q�riw����t.,`
4025798 Page 4 of 4
�7/2512�08 03:19 PM Agreement
Thurston County Washinston
YELM COMMUNITY SCHOOLS DIST 2
I I'II'I�III'lllll�I'�II'lli�I��(IIIII)I"I'I(III(II)IIIII'I'II'III'll I��IIIII�IIII II'll IIII IIII