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20050684 Rec Warranty Agreement 05212013 Thurston Caunt� Treasurer Return Address City of Yelm Rea4 Estate Excise 'Tax Paid_,���� Tami Merriman � 105 Yelm Avenue West �� � G' �t��XY Yelm,WA 98597 � ���� � Document title(s) (or transactions contained therein): 1. Warranty Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1. McKenzie Meadows Homeowners Association 2. Glenn, William, Vice President Grantee(s) (Last name, first name, middle initial) 1. City of Yelm 2. Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) NE I/4 of the NE '/4 of the NE '/4 of Section 24, Township 17N, Range 1 E Assessors Property Tax ParceVAccount Number: 21724110100 and 21724110101 4337166 Pages: 3 �5/21J2013 09:29 RM A9reement Thurston County Washington CITY OF YELM ■III h'ir� !�Y����h����I����L�+�6�.�'S�lN�� �I II I WARRANTY AGREEMENT ; KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS Washington Federal (hereinafter referred to as the "Owner"), ; ; has applied to the City of Yelm, a political subdivision of Thurston County of the ; ; State of Washington, (hereinafter referred to as the "City") for the approval by the ; ' City of a certain plat of a subdivision to be known as McKenzie Meadows, a copy ; ; of which plat is attached hereto and made a part hereof as "Exhibit A", on which ; ; said plat are shown areas offered by the Owner to be dedicated to public use as ; � streets, alleys and other rights of way, and other public facilities and ; improvements; and WHEREAS, it is necessary in the interest of public welfare that the areas ; ; so offered to be dedicated are to be constructed in accordance with the ; sp4ecifications hereinafter set forth; and WHERE, in accordance with the items of RCW 58.17 and Title 16 of the ; Yelm Municipal Code, the City has adopted subdivision regulations which require ; ; that all improvements be constructed in a manner consistent with the City's ; development regulations; Now therefore, TO INDUCE THE city to approve said plat and to accept ; the dedication of said areas as public streets, easements and other ; improvements, the Owner does hereby unconditionally promise and agree to and ; ; with the City as follows: � 1. The Owner unconditionally warrants to the City, its successors and assigns that, for a period of 12 (twelve) months from the date of final plat ; approval, the improvements required to be constructed and dedicated to the public under the terms of the plat will be free from defects and that the ; work will conform with the requirements and specifications of the Development Guidelines of the City. Upon any breach of warranty, the Owner agrees to promptly repair or replace any defective work at no cost ; to the City, and to provide all labor, equipment and materials necessary therefore, at no cost to the City. � 2. In the event the Owner shall fail or neglect to fulfill his obligations under this agreement, the City shall have the right to construct or cause to be constructed, repaired, or replaced pursuant to public advertisement and receipt and acceptance of bids, said street, utilities and other improvements, as shown on said plat, and the Owner shall be liable to '---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------! pay and indemnify the City, upon completion of such construction, the final total cost to the City, including but not limited to engineering, legal and contingent costs, together with any damages, either direct or consequential, which the City may sustain on account of the failure of the ; Owner to carry out and execute all provisions of this agreement. ; 3. The obligations imposed or implied by this agreement shall not be assigned, transferred or assumed by any person or entity that is not a part ; of this agreement without prior written consent of the City. � r��. ; Mr. William Glenn ; Washington Federal ; STATE OF WAS INGTON) . � ss ; COUNTY OF ) � � � On this D day of , 20�, before me, the ; undersigned, a Notary Public i and for e State of W hi ton duly ; commissioned and sworn, personally appeared �Zi�/� that executed the foregoing instrumen and acknowledged ; ; the said instrument to be a free and voluntary act and deed , for the uses and ; purposes therein mentioned, and on oath stated that he/she/they was (were) ; authorized to execute the said instrument. Witness my hand and official seal ; hereto affixed the day and year first above written. 7R ; Given under my hand and seal this� ay of � , 20 �3 . MOE RODOL Notary Public in and for the Notary Public,State of washington State of Wash' gton residing in My Cammission Expires -� �u� �l �016 My commission expires: G '---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------�