Project Review & Correspondence
City of Yelm
105 Yelm Avenue West
PO Box 479
Yelm, Washington 98597
(360) 458-3244
January 24, 2001
Dr Mark Rakow
806 Y elm Ave, SUIte 1
Yelm, W A 98597
VIA Fax. 458-l353
Re Waiver of Protest, Tax Parcel 22730120100
Dear Dr Rakow'
The prevIOUS property owner of the above referenced tax parcel enter mto an agreement WIth the
CIty ofYelm to complete street Improvements along the property frontage The CIty Attorney has
revIewed the documents and has determmed that through the foreclosure procedure that the
agreement IS no longer valId and that future property owner's would not be responsible to complete
said Improvements.
If I can be of further aSSIstance please contact me at 458-8408
Smcerely,
Cathenne Carlson
Commumty Development DIrector
cc Shelly Badger
FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX: 360-458-4348
To: '1) (L f2~t()<.J
Fax #:
Date: I/VI-!O f
Pages: l ' including this cover sheet.
From: C!c~~ C{{~
Subject:
COMMENTS'
**
If you do not receIve all copies or any copy IS not legible, please call (360) 458-3244 as
soon as possible
ds/c\office\forms\fax.3
TRANSMISSION VERIFICATION REPORT
TIME 01/24/2001 19 47
DATE,TIME
F A:< NO I NAME
DURATION
PAGE(S)
RESULT
MODE
01/24 19 45
4581353
00 01 04
02
OK
STANDARD
FAX TRANSMISSION
CITYOFYELM
PO BOX 479 - 105 YELM AVE W
YELM WA 98597
360-458-3244
FAX: 360-458-4348
To:D red 1) (/0
Fax#: ~if3 - G?!~
From: (!ttftt tG C~ 1~11
Date: II to! () /
Pages: . including this cover sheet.
Subject:
COMMENTS' 4 z. I rfU1L 2-. de5ur&s 'fiG
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U)~{I~ C!-6l^LLt'-brilC) ~ affJf()tI~ f2r $-tf-c dt()e~f
vr-- 11q~.
**
If you do not receive all copies or any copy is not legible, please call (360) 458-3244 as
soon as possible.
ds/c\office\forms\fax.3
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FAX TRANSMISSION
CITY OF YELM
PO BOX 479 - '05 YELM AVE W
YELM WA 98597
<.rrk' 360-458-3244
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::::~t~~ .fur, ~ ~ r
COMMENTS
Wtwah~ -n fid/ life. ~ CondrhIJA-'
!MiIl' 1luN La (j.. we< I v Yl. ef f rtf!.(ff( )/J C oYc&vt
-fJa.l (\Il1J U f r -b ,-fi-!JJ;if 4;f 1 L1'lffWJ2.W1V'I/C' 1
ded/caluYl or ~ [16 f ill- (){if{A(.v15ll~ ~
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.frtYrta-~ Itl1flfoy.e()IJ~G, Wlll- qe1 A1 cI MWJ
** If you do~t receIve/all copies or any copy is not legible. please call (360) 458-3244 as
soon as possible.
Ovt I q rC~flJf a 07 tv! 5' &tf I WlcJ(2r~d 4 {p { tto ff} I ~uV
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1111111111111111111111
CITY OF YELM MISC $12 88
3092956
Page 2 of 5
86/12/1997 11 88A
Thurston Co, WA
'~"I
1111111111111111111111
rITY nF YELM POA $12 88
3092957
Page 2 of 5
86/12/1997 11 88A
Thurston Co, WA
111111111111111I111111 ::~~~:~~O~15 S8A
CITY OF YELM AGR $12 88 Thurston Co, WA
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(L1D/ULlD/LA TECOMER)
THIS INSTRUMENT is entered into this.J..L day of April ,1997, by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
"CITY," and
Kenneth A. & June Donohue
hereinafter referred to as the "OWNER."
WITNESSETH
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 3D, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M I
DESCRIBED AS PARCEL NO 2 OF SHORT SUBDIVISION NO SS-0629 AS
RECORDED AUGUST 23, 1977 UNDER AUDITOR'S FILE NO 1008605
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are
formulated for the joint participation of other affected owners
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows
CITY OF YELM
c:\office\cathie\B176agreemnt.lid
Page 1
/ r~(I~111I1I111I1I1111II11 ~~~l;t5 iSA
/ CITY OF" YELM MIse $12 aa Thurston Co, ~A
111111111I111111111I11 ~k~~~O~15 iSl
rrry OF" YFLM POR $12 t:lt:l Thurston Co, ~A
1 The CITY will delay its requirement for the immediate participation by the
OWNER in the construction of certain utilities and/or street improvements, subject to
the conditions set forth hereinafter
2 The OWNER will financially participate int he following utility and/or street
projects on an equitable basis with other affected property owners
_ Sanitary sewer system improvements,
_ Storm water system improvements,
-L Street improvements,
-L Street lighting improvements,
-L Sidewalk improvements,
which improvements are more specifically described as follows
Half-street improvements for an Urban Arterial (Dwg No 4-3A) of the ye::Jlffi
Development Standards Dedication of fifteen (15) feet for public right-of-way '*
along property frontage shall occur at time of half-street improvements
3 The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULlD), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall
mean only those formal rights to protest contained within the LID, ULlD or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the
right t object to the OWNER's individual assessment amount or latecomer charge or to
appeal to the Superior Court the decision of the Council affirming the final assessment
roll or latecomer ordinance and agreement, which rights are specifically preserved
4 The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage
holders, lien holders or other person who may claim an interest in the property
described hereinabove, to accomplish the following At such time as a Local
Improvement District, Utility Local Improvement District, or Latecomer Ordinance and
Agreement is proposed that would cause said improvements to be made available to
the OWNER's property descnbed hereinabove, to execute a Petition on behalf of the
CITY OF YELM
c:\office\cathie\B176agreemnt.lid
Page 2
111111111I " 111I11" II
.. . _. ~ - . .-. ,. ..... ..... ~..
3092958
Page 3 of 5
S6/12/1997 11 S8A
~I I " II'"
JlJllJI III II IIlJ U II ~;~~I:rA JfW'UIIIII', IrlllllWIIII1f/lll
309295.
Page 4 of "
8S/12/199i 11 G~,
Thurston Co, WA
OWNER for the creation so such LID, ULlD or Latecomer Ordinance and Agreement.
This special Power of Attorney is granted in consideration of the CITY executing this
Instrument, and shall be a power coupled with an interest which may not be terminated
This Special Power of Attorney shall not be affected by the disability of the OWNER.
5 If the OWNER fails to perform in good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies
6 The OWNER hereby declares that they are is/are the
sole owner(s) of the property described herein and has/have full power to commit said
property to this Agreement, Waiver of Protest and Special Power of Attorney
7 This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns, transferees, and successors in interest.
8 For purposes of RCW 35 43 182, and any LID or UUD thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof For
purposes of RCW 35 72 and RCW 35 91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written
CITY OF YELM
OWNER
~}
~.~
-
STATE OF WASHINGTON
)
) ss
COUNTY OF )
L- .On this /S"aay of /fr:A:::! , 19'11, personally appeared before
me f-lr;n~ 7ft 11-. 4..::JiJ't"l.L Do 1'16 11 V ~ , to me known to be the individual(s)
and/or corporate officers described in and who executed the within and foregoing
instrument and acknowledged that Th~v signed the same as 71c.et';r free and
voluntary act and deed on behalf o~mselves or as corporate officers of the named
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 3
II "I " 11/ II I III """
CITY OF YELM AGR $12 GG
3092958
Page 4 of 5
GS/12/1997 11 G8R
Thurston Co, ~A
corporation with the full authonty. for the uses and purposes herein mentioned
..,1"""
~~
Notary Public in and for the ~~t;.",/HW /
of Washington, residing at ~I (/~
My commission expires s:- --/-9 '1
,
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CITY OF YELM . MIse $12 SS
1111111111111111111111
CITY OF YELM POA $12 a6
3092956
Page 5 of 5
66/12/1997 11 6SA
Thurston Co, ~A
3092957
Page 5 of 5
66/12/1997 11 aSA
Thurston Co, ~A
111111111111111I111111
CITY OF YELM AGR $12 66
3092958
Page 5 of 5
66/12/1997 11 6SA
Thurston Co, ~A
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 4
III '" 11111/" , II' 1111 , II
CITY OF YELM MISC $12 ~~
3092956
Page 1 of 5
~6/12/1997 11 S8A
Thurston Co, WA
II '" II '11 " 1111 ,,, , II
CITY OF YELM POA $12 BS
3092957
Page 1 of 5
S6,112/1997 11 S8A
Thurston Co, WA
Return Address
City ofYelm >"f' \-'.:>. c..,
P.O. Box 479 ~~.~ ".'11
Yelm, W A 98597 . Q~-1
~
" 1111111I II 111I111 III
rITY OF YELM AGR $12 SS
3092958
Page 1 of 5
~6/12/1997 11 S81
Thurston Co, WA
Document title(s) (or transactions contained therein):
1 WaIver of Protest
2 SpecIal Power of Attorney
3 LID/ULID/Latecomer
4
Reference Number(s) of Documents assigned or released:
( on page of documents(s))
Grantor(s) (Last name, first name, middle initial)
1 Donohue, Kenneth A. 2
3
4 D AddItIOnal names on page _ of document
Grantee(s) (Last name, first name, middle initial)
1 CIty of Yelm
2
3
4 D AddItIOnal names on page _ of document
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
SectIOn 30, Townsrup 17N, Range 2E , W.M.
X - AddItIOnal legal IS on page 6 (ExhibIt "A") of document
Assessor's Property Tax Parcel/Account Number' 22730120100
""'""'''''" """
CITY OF YELM MISC $12 se
'-.
3092956
Page 2 of 5
S6,112/1997 11 S8A
Thurston Co, WA
""'" '" " "" """
rrTY OF YELM POA $12 se
3092957
Page 2 of 5
S6/12/1997 11 S8A
Thurston Co, WA
" """" " "" """
CITY OF YELM AGR $12 se
3092958
Page 2 of 5
S6/12/1997 11 S8A
Thurston Co, WA
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(L1D/ULlD/LA TECOMER)
THIS INSTRUMENT IS entered into this --.1L day of April ,1997, by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
"CITY," and
Kenneth A. & June Donohue
hereinafter referred to as the "OWNER"
WITNESSETH
WHEREAS, the OWNER holds record title to the following descnbed property
located within Thurston County, Washington
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M ,
DESCRIBED AS PARCEL NO 2 OF SHORT SUBDIVISION NO SS-0629 AS
RECORDED AUGUST 23, 1977 UNDER AUDITOR'S FILE NO 1008605
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site plan/subdivision for said property that the OWNER participate In the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until proJects are
formulated for the joint participation of other affected owners
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows
CITY OF YELM
c:\office\cathie\8176agreemnl.lid
Page 1
"11~111111111111111111 II
CITY OF YELM MISe $12 8S
3092956
Page 3 of 5
86/12/1997 11 8eA
Thurston Co, ~A
11111111111111111111 II :~~~l}\ 15 ael
(,TrY OF YF1M . POA $12 88 Thurston Co, ~A
1 The CITY will delay its requirement for the Immediate participation by the
OWNER in the construction of certain utilitIes and/or street improvements, subject to
the conditions set forth hereinafter
2 The OWNER will financially participate Int he following utility and/or street
projects on an equitable basis with other affected property owners
_ Sanitary sewer system improvements,
_ Storm water system improvements,
--X- Street improvements,
--X- Street lighting improvements,
--X- Sidewalk improvements,
which Improvements are more specifically described as follows
Half-street Improvements for an Urban Artenal (Dwg No 4-3A) of the Yelm
Development Standards Dedication of fifteen (15) feet for public right-of-way
along property frontage shall occur at time of half-street improvements
3 The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULlD), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein For purposes of this Instrument, "rights of protest" shall
mean only those formal rights to protest contained within the LID, ULlD or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNER's heirs, assigns or successors In Interest, of the
right t object to the OWNER's Individual assessment amount or latecomer charge or to
appeal to the Superior Court the decision of the Council affirming the final assessment
roll or latecomer ordinance and agreement, which rights are specifically preserved
4 The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage
holders, lien holders or other person who may claim an Interest In the property
described hereinabove, to accomplish the following At such time as a Local
Improvement District, Utility Local Improvement District, or Latecomer Ordinance and
Agreement IS proposed that would cause said improvements to be made available to
the OWNER's property described hereinabove, to execute a Petition on behalf of the
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 2
11111111111111111111 II
CITY OF YELM AGR $12 88
3092958
Page 3 of 5
86/12/1997 11 SeR
Thurston Co, ~A
Jl ,111111111111 tJI U JJ r~~;~~~t~~8A JlIJIJJJI 11111 11I1I 11111 III~j~ IIllllIll~1 rf~~~~:~'1~8A
OWNER for the creation so such LID, ULlD or Latecomer Ordinance and Agreement.
This special Power of Attorney is granted in consideration of the CITY executing this
Instrument, and shall be a power coupled with an interest which may not be terminated
This Special Power of Attorney shall not be affected by the disability of the OWNER.
5 If the OWNER fails to perform In good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies
6 The OWNER hereby declares that they are is/are the
sole owner(s) of the property described herein and has/have full power to commit said
property to this Agreement, Waiver of Protest and Special Power of Attorney
7 This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns, transferees, and successors in interest.
8 For purposes of RCW 35 43 182, and any LID or ULlO thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof For
purposes of RCW 35 72 and RCW 35 91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written
CITY OF YELM
OWNER
'h---
~vl
~~
-
STATE OF WASHINGTON
)
) ss
COUNTY OF )
1/ _On this /Seaayof ~;/ , 19?1, personally appeared before
me jCfj7niTA .4. t/ ,]lJ~ .Do Yl () h VI' ,to me known to be the Indlvidual(s)
and/or corporate officers described In and who executed the within and foregoing
instrument and acknowledged that thN signed the same as 7"'h,j"v free and
voluntary act and deed on behalf oit'hImselves or as corporate officers of the named
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 3
111111111111111I111111
CITY OF YELM AGR $12 &&
3092958
P <lge 4 of 5
~6!12!1997 11 ~8~
Thurston COJ WA
o .
corporation with the full authority, for the uses and purposes herein mentioned
~f"
~~
Notary Public in and for the ~~t;." ,/2
of Washington, residing at ~~
My commission expires 5'" ~/ -9 '1
,
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1111111111111111111111
CITY OF YELM MISC $12 ~~
3092956
Page 5 of 5
~6!12!1997 11 ~8A
Thurston Co, WA
1111111111111111111111
CITY OF YELM POA $12 ~~
3092957
Page 5 of 5
~6!12!1997 11 88A
Thurston COI WA
1111111111111111111111
CITY OF YELM AGR $12 ~~
3092958
Page 5 of 5
~6!12!1997 11 ~8A
Thurston Co, WA
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 4
Return Address
City of Yelm
P.O. Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 WaIver of Protest
2. SpecIal Power of Attorney
3 LIDIULID/Latecomer
4
Reference Number(s) of Documents assigned or released:
(on page of documents( s))
Grantor(s) (Last name, first name, middle initial)
1 Donohue, Kenneth A. 2
3
4 0 AddItIOnal names on page _ of document
Grantee(s) (Last name, first name, middle initial)
1 City of Yelm
2
3
4 o AddItIOnal names on page _ of document
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
SectIOn 30, Township 17N, Range 2E , W.M.
X - Addltlonal legal IS on page 6 (ExhibIt "A") of document
Assessor's Property Tax Parcel/Account Number' 22730120100
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(L1D/ULlD/LATECOMER)
THIS INSTRUMENT is entered into this ~ day of April ,1997, by and
between the CITY OF YELM, a municipal corporation, hereinafter referred to as the
"CITY," and
Kenneth A. & June Donohue
hereinafter referred to as the "OWNER."
WITNESSETH
WHEREAS, the OWNER holds record title to the following described property
located Within Thurston County, Washington
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M ,
DESCRIBED AS PARCEL NO 2 OF SHORT SUBDIVISION NO SS-0629 AS
RECORDED AUGUST 23, 1977 UNDER AUDITOR'S FILE NO 1008605
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site plan/subdivision for said property that the OWNER participate In the
construction of certain utilities and/or street improvements as they directly relate to said
property and the OWNER desires that said requirement be delayed until projects are
formulated for the joint participation of other affected owners
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as
follows
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 1
1 The CITY will delay its requirement for the immediate participation by the
OWNER in the construction of certain utilities and/or street improvements, subject to
the conditions set forth hereinafter
2 The OWNER will financially participate int he following utility and/or street
projects on an equitable basis with other affected property owners
_ Sanitary sewer system improvements,
_ Storm water system improvements,
~ Street improvements,
~ Street lighting improvements,
~ Sidewalk improvements,
which improvements are more specifically described as follows
Half-street Improvements for an Urban Arterial (Dwg No 4-3A) of the Yelm
Development Standards Dedication of fifteen (15) feet for public right-of-way
along property frontage shall occur at time of half-street improvements
3 The OWNER hereby waives all rights to protest against future Local
Improvement Dlstnct (LID), Utility Local Improvement District (ULlD), or Latecomer
Ordinance and Agreement proceedings for the construction of said Improvements
described In Section 2 herein For purposes of this Instrument, "rights of protest" shall
mean only those formal nghts to protest contained within the LID, ULlD or Latecomer
Ordinance and Agreement statutes, except, however, nothing herein shall constitute a
waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the
nght t object to the OWNER's Individual assessment amount or latecomer charge or to
appeal to the Superior Court the decision of the Council affirming the final assessment
roll or latecomer ordinance and agreement, which rights are specifically preserved
4 The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor In interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, Including any purchasers, mortgage
holders, lien holders or other person who may claim an interest in the property
described hereinabove, to accomplish the following At such time as a Local
Improvement District, Utility Local Improvement Dlstnct, or Latecomer Ordinance and
Agreement is proposed that would cause said improvements to be made available to
the OWNER's property described hereinabove, to execute a Petition on behalf of the
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 2
OWNER for the creation so such LID, ULlD or Latecomer Ordinance and Agreement.
This special Power of Attorney is granted in consideration of the CITY executing this
Instrument, and shall be a power coupled with an interest which may not be terminated
This Special Power of Attorney shall not be affected by the disability of the OWNER.
5 If the OWNER fails to perform In good faith In accordance with this
Instrument, it IS agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may pursue other equitable or legal remedies
6 The OWNER hereby declares that they are is/are the
sole owner(s) of the property described herein and has/have full power to commit said
property to this Agreement, Waiver of Protest and Special Power of Attorney
7 This Instrument constitutes a covenant running with the land and shall be
finding on all heirs, assigns, transferees, and successors In Interest.
8 For purposes of RCW 35 43 182, and any LID or ULlD thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof For
purposes of RCW 35 72 and RCW 35 91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of fifteen
years from the date such an Ordinance and Agreement becomes effective
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written
CITY OF YELM
OWNER
~)
~~
STATE OF WASHINGTON
)
) ss
COUNTY OF )
1/ AOn this JS~ay of ~I'/ , 1911, personally appeared before
me fLf.-r}niTA 4. t/..:]lJY\.JLJ I) 0 Yl D l1 V (' , to me known to be the Indlvldual(s)
and/or corporate officers described in and who executed the within and foregoing
Instrument and acknowledged that ~ signed the same as jlLfi'v free and
voluntary act and deed on behalf of themselves or as corporate officers of the named
CITY OF YELM
c:\office\cathie\8176agreemnt.lid
Page 3
corporation with the full authority, for the uses and purposes herein mentioned
~~
Notary Public in and for the ~~t;." ,/2
of Washington, residing at ~)~
My commission expires 5>/ - 99
,
CITY OF YELM
c"\office\cathie\8176agreemnt.lid
Page 4
Return Address
City of Yelm
P.O. Box 479
Yelm, W A 98597
Document title(s) (or transactions contained therein):
1 Water RIghts DedIcation Agreement
2
3
4
Reference Number(s) of Documents assigned or released:
(on page of documents( s))
Grantor(s) (Last name, first name, middle initial)
1 Donohue, Kenneth A. 2
3
4 0 AddItional names on page _ of document
Grantee(s) (Last name, first name, middle initial)
1 City of Yelm
2
3
4 o Additional names on page _ of document
Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range)
SectIOn 30, Township 17N, Range 2E , W.M.
X - AddItIOnal legal IS on page 6 (ExhibIt" A") of document
Assessor's Property Tax Parcel/Account Number' 22730120100
WATER RIGHTS DEDICATION AGREEMENT
THIS Water Rights Dedication Agreement (the "Agreement") is entered Into
as of the 15th day of April, 1997, by and between Kenneth A. & June Donohue,
("Grantor") and the City of Yelm, a Washington municipal corporation ("Grantee")
Recitals
A. Grantor owns certain water rights, the legal description of which IS attached
as Exhibit A hereto and by this reference Incorporated herein Such water nghts together
with all easements, rights of way, pipelines, pumps and other appurtenances and
component parts used in connection with and for the beneficial use and enjoyment of the
properties of Grantor are referred to collectively herein as the "Water Rights"
B Such Water Rights are appurtenant to the real property described in Exhibit
B attached hereto and by this reference incorporated herein Such real property IS
referred to herein as the "Appurtenant Lands"
C Grantor agrees, as a condition of a certain approval of development by
Grantee, to transfer, convey and dedicate such Water Rights to the Grantee
D This Agreement is entered into pursuant to and subject to the terms of RCW
9044100
Ao.reement
NOW, THEREFORE, the parties agree as follows
1 Dedication of Water Rio.hts Subject to the terms and conditions of
this Agreement, Grantor hereby agrees to transfer, convey and dedicate the Water Rights
WATER RIGHTS DEDICATION
AGREEMENT - 1
c:\office\cathie\8176water.agr
to Grantee The Grantee is hereby authorized and agrees to detach the Water Rights from
the Appurtenant Lands herein described and change them to include municipal use The
Grantee is also authorized and agrees to change the point of diversion and means of
conveyance of the water of said Water Rights to any location that may be designated by
the Grantee, and to file the necessary applications and documents with the Washington
State Department of Ecology to make such changes Any order or decree of the said
Department or confirmation of same by a Court is hereby acquiesced in by the Grantor,
and It shall be binding upon the said Grantor, his successors and assigns Grantor agrees
to cooperate wIth Grantee in obtaining any such changes, including, without limitation,
signing any applications or other documents which may be reasonably required
2 RIsk of Loss Grantor shall deliver the Water Rights to Grantee in the
same condition existing as of the date hereof Risk of loss, abandonment, non-use or
diminution of the Water Rights shall be borne by Grantor until the Date of Closing
Thereafter, Grantee shall bear such risk. In the event of loss, abandonment, non-use or
diminution of the Water Rights, or a portion thereof, prior to the Date of Closing, Grantee
may elect to terminate this Agreement or may elect to purchase the Water Rights to the
extent eXisting on the Date of Closing
3 ContinQencies
3 1 Grantee's Conditions Grantee's obligations under this
Agreement are subject to and contingent upon the following conditions
3 1 1 Grantor furnishing one (1) copy of a sketch map or any
other map showing the point of withdrawal, general layout of system and the point of use,
as well as the pOint of dIversion of the Water Rights involved and Grantor providing copies
of all correspondence, certificates and other documents relating to the Water Rights,
whether from or to Grantor or any third party. and whether or not produced by Grantor
The Items to be depicted on said map shall be shown with reasonable accuracy within the
proper legal subdivision, section, township and range
3 1 2 Grantor cooperating with and assisting Grantee In the
preparation, documentation, processing and review of the Application for Change of Water
Right to be submitted by Grantee to the Washington State Department of Ecology
Grantor agrees to avoid any interference with the processing or approval of such
Application
WATER RIGHTS DEDICATION
AGREEMENT-2
c:\office\calhie\8176water.agr
3 1 3 This Agreement is contingent upon the approval by the
Washington State Department of Ecology of the Application for Change of Water Right to
be submitted by Grantee, including, without limitation, approval of Grantee's proposed
change of use and point of diversion and use, confirmation and approval of the quantity
of water subject to the Water Rights, and confirmation of the pnority date of the Water
Rights
If any condition specified in this Section 3 1 IS not met on the Date of Recording, Grantee
may waive the requirement that the condition or conditions be met by completing this
transaction, or Grantee may terminate this Agreement without any further liability on the
part of Grantee
3 2 Grantor's Conditions Grantor's obligations under this
Agreement are subject to and contingent upon Grantee's timely performance of its
obligations hereunder and the payment of any costs and the delivery of any documents
and instruments required by the terms of this Agreement to be paid by or delivered by
Grantee
4 Notices All notices to be given by each party to the other pursuant
to this Agreement shall be delivered in person or by facsimile, or deposited in the United
States Mails, postage prepaid, by certified or registered mall, return receipt requested and
addressed to the parties at the addresses specified beneath their signatures below
Notices delivered by facsimile shall be deemed to have been given upon telephone
confirmation of receipt. Notices sent by mail shall be deemed to have been given and
delivered upon receipt if hand delivered or three (3) days after being properly mailed if
mailed and the postmark affixed by the United States Post Office shall be conclusive
evidence of the date of mailing Any party, by written notice to the other(s) as above
descnbed, may alter the address for receipt by it and its agents of written notices
hereunder
5 Time of Essence Time is strictly of the essence in this Agreement,
and the parties hereto shall be bound to the timely performance of the proVISions
contained herein
6 Succession The terms, conditions, covenants and agreements
contained herein shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto
7 Covenants and Warranties. Grantor hereby acknowledges,
covenants, represents and warrants as of the date hereof and as of Closing that: (a)
WATER RIGHTS DEDICATION
AGREEMENT - 3
c:\office\cathie\8176water.agr
,{~,
Grantor is the owner in fee of the Water Rights, (b) Grantor's title is subject to no
encumbrances, defects or exceptions, (c) Grantor will not hereafter enter into any contract
or create any obligation which will bind Grantee as a successor in Interest with respect to
the Water Rights; (d) Grantor is not aware of any material defect in the Water Rights, (e)
the Water Rights are valid and in full force and effect; (f) the Water Rights have been used
continuously, wIthout any material interruption In use, since Nov. 8. 1990 , (g)
Grantor is not aware of any act or omission on its part with respect to the use or
registration of the Water Rights which could result in the loss, abandonment, or diminutIon
In such Water Rights, (h) Grantor will use Its best efforts to cause the conditions set forth
in Section 3 1 and 3 2 above to be satisfied, and (i) all sketches, documents, materials and
Information provided by Grantor shall be true and correct in all material respects and shall
not fall to include any material information regarding the Water Rights Grantor further
represents and warrants that Grantor has not disposed of or released any hazardous
substances or hazardous wastes on, from or under the Appurtenant Lands and there is no
presence of, nor have there ever been any disposals, releases or threatened releases of
hazardous substances or hazardous wastes on, from, or under the Appurtenant Lands
The terms "disposal," "release," "threatened release," "hazardous substances," and
"hazardous wastes" shall have the definitions assigned to such terms or any similar terms
by the Federal Comprehensive Environmental Response, Compensation, and liability Act
of 1980, as amended, the Washington Model Toxics Act, as amended, or any other
applicable law, rule or regulation relating to the environment, health or safety Grantor
further represents and warrants that neither the Grantor nor his successors or assigns
shall, at any time in the future, file any adverse claim or institute any proceedings in law
or equity attaching adversely, or in any manner whatsoever, the equities, right, title or
interest of any of the Water Rights herein referred to and for which it is hereby agreed that
the Grantor has received full and adequate compensation All warranties set forth In thIS
SectIon 8 shall survive the Closing and Grantor shall defend, indemnify and hold Grantee
harmless from any breaches thereof, including costs and attorneys' fees
8 Litiaation Expenses In any controversy, claim or dispute alleging a
breach of this Agreement, the prevailing party shall be entitled and awarded, in addition
to any other relief, to a reasonable sum as litigation expenses (including reasonable
attorneys' fees), includIng any expenses incurred in any appeal or in any bankruptcy or
receivership proceedIng
9 Entire Aareement. This Agreement contains the entire understanding
between the parties hereto No variations, modifications, or changes herein shall be
binding upon any party hereto unless set forth in a document duly executed by or on behalf
of such party
WATER RIGHTS DEDICATION
AGREEMENT-4
c:\office\cathie\8176water.agr
10 Governlnq Law This Agreement and the obligations of the parties
hereunder shall be interpreted, construed, and enforced in accordance with the laws of the
State of Washington
11 Commissions. Each party hereby agrees to indemnIfy and hold the
other harmless from and against any and all fees, commissions, costs, expenses (Including
attorney's fees), obligations and causes of action arising against or incurred by the other
party by reason of any claim for a real estate commission or a fee or finder's fee by reason
of any contract, agreement or arrangement with the indemnifying party
IN WITNESS WHEREOF, the parties have executed this Water Rights
Dedication Agreement as of the date and year first written above
GRANTOR.
Grantee
CITY?f YELM
By ""j l(lRj~~; ,~jfl7~ 11'
Address
Kenneth & June Donohue
730 Sleater Kinney Rd SE
Lacey. WA 98503
Address
c/o Shelly Badger
City Administrator
City of Yelm
POBox 479
Yelm, WA 98597
WATER RIGHTS DEDICATION
AGREEMENT-5
c:\office\cathie\8176water.agr
EXHIBIT "A"
Legal Description
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M ,
DESCRIBED AS PARCEL NO 2 OF SHORT SUBDIVISION NO SS-0629 AS
RECORDED AUGUST 23, 1977 UNDER AUDITOR'S FILE NO 1008605
EXCEPTIONS
a. Covenants, Conditions & Restrictions contained in Declaration dated August
23, 1977 and recorded August 23, 1977 Under Auditor's File No 1008605,
Affects Short Plat No SS-0629
b Protective Covenants dated October 23, 1990 recorded under Auditor's File
No 9011010011 for control of sewage disposal
WATER RIGHTS DEDICATION
AGREEMENT-6
c:\office\cathie\8176water.agr
EXHIBIT "B"
Legal Description of Appurtenant Lands
NONE
WATER RIGHTS DEDICATION
AGREEMENT-7
c.\office\cathie\8176water.agr
AGREEMENT FOR COMPLETION OF
LANDSCAPE IMPROVEMENTS
THIS AGREEMENT is made by and between City of Yelm, a murucIpal corporatIOn of
the state of Washmgton, heremafter referred to as "City", and Ken Donohue , heremafter
referred to as "Developer"
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington
THAT PORTION OF THE NORTHWEST QUARTER OF THE NORTHEAST
QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M ,
DESCRIBED AS PARCEL NO 2 OF SHORT SUBDIVISION NO SS-0629 AS
RECORDED AUGUST 23, 1977 UNDER AUDITOR'S FILE NO 1008605
WHEREAS, required landscaping improvements have not been completed, and
WHEREAS, certain repairs, and additional plant materials are required,
NOW, THEREFORE, on the condition of temporary occupancy, for the
commercial bUilding located on the above parcel of land, the Developer agrees as
follows
1 The Developer shall augment landscaping on the northeast corner of the
site As agreed upon four additional Rhododendrons will be planted and the English
IVY shall be augmented with enough plants to create a solid ground cover within three
years
2 The Developer shall relocate the landscaped area on the southeast of the
site to the east between the two trees This area will contain the relocated vegetation
and SIX shrubs of the developers choice
3 The Developer shall repair lawn areas covering the southeast and
northeast areas of the site The repairs shall Include the removal of debris and rocks
larger than 2" in diameter, leveling of all lawn areas to ensure proper long term
maintenance and a 2" layer of topsoil and/or combination of topsoil and mulch The
developer shall re-hydro seed as necessary
4 The Developer shall complete all improvements and/or repairs as listed
above no later than May 31, 1997
"
5 If the Developer fails to fulfill the obligatIons of this Agreement, the City
may take steps to demand performance of the Developer's obligations within a
reasonable time not to exceed 90 days from the date of demand
IN WITNES~EREOF, the parties have executed this Agreement as of the ODay
of t1~ ' 1997
DEVELOPER.,
CITY OF YELM
(A~/
By'
Its
Address
Kenneth Donohue
730 Sleater Kinnev Rd SE
Lacev. WA 98503
Address
c/o Shelly Badger
City Administrator
City of Yelm
PO Box479
Yelm, WA 98597
Page 2
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ALL SHRUB TREES TO BE
THUJA OCCIDENT AUS PYRAMIDAL
(PYRAMIDAL EASTERN ARBORVlT AE)
OR EQUAL TREES MUST BE A
MINIMUM OF 3 TO 5 FEET IN
HE1GHT AT TIME OF PLANTING AND
SHOULD BE SPACED 2 TO 2.5 FEd
AP ART FROM EACH 01HER.
---
t
NOTES.
1 6' HIGH CHAIN UNK FENCE: TO BE CONSTRUCTED
Of' GALVANIZED 9 GAUGE CORE WIRE WITH 2-
MESH OR WAU.S MAYBE CONSTRUCTED OF
CONCREiE BLOC!< OR BRIO<.
2. PROVIDE CASTERS AND VERTICAL LOCl<ING
DEVlCE:S AT FREE ENDS Of' DOORS.
3. DOORS MUST ~NG OPEN AT LEAST 90 DEGREES
FROM ClOSED POSITION.
~. DOORS MUST ~NG FRED. '( AND BE ABLE TO BE
LOCl<ED IN OPEN POSITION.
5. PROVIDE A MINIMUM Of' 50 FEET -STRAIGHT -IN-
APPROACH TO FRONT Of' ENClOSURE.
5. AAE.A MUST BE FREE Of' OVERHEAD OBSTAClES,
SUCH AS POWER UNES, BUILDING OVERHANGS.
DC.
7 CONTAINERS MUST BE PLAC8) ON A HARD LEVEl..
SURFACE:, EITHER ASPHALT OR CONCRETE.
a CONTAINERS MUST BE CO~.
9. FENCE: POST TO BE SET IN CONCRE1E TO A
DEPTH Of' 36- eaow FINISHED GROUND LEVEL
10. CONTACT PACIFIC DISPOSAl. FOR APPROPRIATE
SIZE Of THE CONTAINERS.
CITY OF YELM, WASHINGTON
OEPT OF COMMUNITY DEVELOPMENT
14' X 10'
REFUSE CONTAINER
STORAGE AREAS
APPROVED
BUILDING OFFICIAL
DATE
OWG NO. {
R-1
DES.
OWN.
CKD
DATE
12/23/94
RUUSE1.0WC
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CONCRETE
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!f;Ji1 1,- 8'4' -\ b
~e. 10'4' I
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/ ALL SHRUB TREES TO BE
/
/' THUJA OCCIDENT AUS PYRAMIDAL
(PYRAMIDAL EASTERN ARBORYlT AE)
OR EQUAL TREES MUST BE A
MINIMUM OF 3 TO 5 FEET IN
i HEIGHT AT TIME OF PLANTING AND
.& SHOULD BE SPACED 2 TO 2.5 FEET
El AP ART FROM EACH 01HER.
=
~
~
~
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NOTES.
1. 6' HIGH OiAlN UNK FENCE TO BE CONSiRUCTED
Of' GALVANIZED 9 GAUGe: CORE 'MRE 'MiH 2-
MESH OR WALLS MAYBE CONSTRUC1ED Of'
CONCRffi BLOCK OR BRICl<.
2. PRO'11DE CASTERS AND VERTICAL lOCKING
DEVICES AT FREE ENDS OF DOORS.
3. DOORS MUST SMNG OPEN AT LEAST 90 DEGREES
FROI.I CLOSED POSITION.
4. DOORS MUST SMNG FREELY AND BE ABLE TO 8E
LOO<ED IN OPEN POSITION.
5. PR0'110E A MINIMUM Of' 50 FEET -STRAIGHT-IN"
APPROACH TO FRONT OF ENCLOSURE.
6. AREA MUST BE FREE Of' OVERHEAD 08ST AClES,
SUOi AS POWER UNES, BUILDING OVERHANGS,
ETe.
7 CONTAINERS MUST BE PLA<:m ON A HARD LEVEl.
SURF A~ 81HER ASPHAl. T OR CONCRETE.
a CONTAINERS MUST BE COVERED.
9. FENCE POST TO BE SET IN CONCRETE TO A
DE?lH Of' 36" BELOW FINISHED GROUND L.EYn.
10. CONTACT PAOFlC DISPOSAL FOR APPROPRIAlE
SIZE Of' lHE CONTAINERS.
ell Y OF YELM, WASHING ION
DEFT OF COMMUNITY DEVELOPMENT
10' X 10'
REFUSE CONTAINER
STORAGE AREAS
APPROVED
DWG. NO
BUILDING OFFICIAL
DATE
R-2
DES.
OWN
CKD
DATE
12 23/94
REFUSE2.DWC
WATER RIGHTS DEDICATION AGREEMENT
~
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a
~
~.
THIS Water Rights Dedication Agreement (the "Agreement") is entered into
as of the day of , 1994, by and beween
("Grantor") and the City of Yelm, a Washington municipal corporation ("Grantee")
RecItals
A. Grantor owns certain water rights, the legal description of which is attached
as Exhibit A hereto and by this reference incorporated herein Such water rights together
with all easements, rights of way, pipelines, pumps and other appurtenances and
component parts used in connection with and for the beneficial use and enjoyment of
the properties of Grantor are referred to collectively herein as the "Water Rights"
8 Such Water Rights are appurtenant to the real property described In Exhibit
8 attached hereto and by this reference incorporated herein Such real property is
referred to herein as the "Appurtenant Lands"
C Grantor agrees, as a condition of a certain approval of development by
Grantee, to transfer, convey and dedicate such Water Rights to the Grantee
o This Agreement is entered into pursuant to and subject to the terms of
RCW 90 44100
Aareement
NOW, THEREFORE, the parties agree as follows
1 Dedication or Water Rlahts Subject to the terms and conditions of
thiS Agreement, Grantor hereby agrees to transfer, convey and dedicate the Water Rights
to Grantee The Grantee is hereby authorized and agrees to detach the Water P,lghts
from the Appurtenant Lands herein described and change them to include municipal
use The Grantee is also authorized and agrees to change the point of diversion and
means of conveyance of the water of said Water Rights to any location that may be
designated by the Grantee, and to file the necessary applications and documents with
the Washington State Department of Ecology to make such changes Any order or
decree of the said Department or confirmation of same by a Court is hereby acquiesced
in by the Grantor, and it shall be binding upon the safd Grantor, his successors and
assigns Grantor agrees to cooperate with Grantee In obtaining any such changes
WATER RIGHTS DEDICATION
AGREEMENT - 1
C:\WP51 \51 \JHB\WATER.AGR
including, without limitation, signing any applications or other documents which may be
reasonably required.
2. Closinq and Closinq Costs
2.1 The closing of the purchase of the Water Rights shall take
place at the offices of in Yelm, Washington (the "Escrow
Agent") Closing shall take place no later than two (2) years after the date this
Agreement IS executed, unless such time is extended by agreement of the parties in
writing prior to its expiration Grantee and Grantor agree to deposit with the Escrow
Agent in a timely manner, to enable the Closing to occur at such time, all documents
required of them pursuant to Subsection 2.2 below "Closing", "Closing Date" or "Date
of Closingll as those terms are used herein shall mean the date upon which all
documents are recorded and monies paid to complete the purchase contemplated
herein
2.2 At Closing, Grantor shall deliver title to the Water Rights to
Grantee by statutory warranty deed, and shall further execute and deliver to Grantee
such other documents as may be necessary or appropriate to deliver to Grantee title to
the Water Rights Grantor shall also deliver at Closing an affidavIt pursuant to Section
1445 of the Internal Revenue Code of 1986, as amended Grantee shall be entitled to
possession and use of the Water Rights Immediately upon Closing If requested by
Grantee Grantor will execute, at Closing, a rental agreement for the period of Grantor's
possession and use of the Water Rights after Closing, in a form prOVided by Grantee,
but without the requirement to pay any rent for up to _ days after Closing
2.3 Grantee shall pay all escrow costs and other customary
closing costs for both Grantee and Grantor All rents, taxes and other expenses
associated with the Water Rights shall be prorated as of the date of Closing
3 Risk of Loss Grantor shall deliver the Water Rights to Grantee In the
same condItion existing as of the date hereof Risk of loss, abandonment, non-use or
diminution of the Water Rights shall be borne by Grantor until the Date of Closing
Thereafter, Grantee shall bear such risk. In the event of loss, abandonment, non-use or
diminution of the Water Rights, or a portion thereof, prior to the Date of Closing, Grantee
may elect to terminate this Agreement or may elect to purchase the Water Rights to the
extent existing on the Date of Closing
4 Continaencies
4 1 Grantee's Conditions Grantee's obligations under this
Agreement are subject to and contingent upon the following conditions
WATER RIGHTS DEDICATION
AGREEMENT - 2
C:\WP51 \51 \JHB\WATERAGR
described, may alter the address for receipt by it and its agents of written notices
hereunder
6 Time of Essence. Time is strictly of the essence in this Agreement,
and the parties hereto shall be bound to the timely performance of the provisions
contained herein.
7 Succession The terms, conditions, covenants and agreements
contained herein shall inure to the benefit of and be binding upon the successors and
assigns of the parties hereto
8 Covenants and Warranties. Grantor hereby acknowledges,
covenants, represents and warrants as of the date hereof and as of Closing that: (a)
Grantor is the owner in fee of the Water Rights, (b) Grantor's title IS subject to no
encumbrances, defects or exceptions, (c) Grantor will not hereafter .enter into any
contract or create any obligation which wlil bind Grantee as a successor in interest With
respect to the Water Rights, (d) Grantor is not aware of any material defect In the Water
Rights, (e) the Water Rights are valid and in full force and effect; (f) the Water Rights
have been used continuously, without any material interruption in use, since
, (g) Grantor is not aware of any act or omIssion on Its part with respect
to the use or registration of the Water Rights whIch could result in the loss,
abandonment, or diminution in such Water Rights, (h) Grantor will use its best efforts to
cause the conditions set forth In Section 4 1 and 42 above to be satisfied, and (i) all
sketches, documents, materia!s and information provided by Grantor shall be true and
correct in all material respects and shail not fail to include any material Information
regarding the Water Rights Grantor further represents and warrants that Grantor has
not disposed of or released any hazardous substances or hazardous wastes on, from
or under the Appurtenant Lands and there IS no presence of, nor have there ever been
any disposals, releases or threatened releases of hazardous substances or hazardous
wastes on, from, or under the Appurtenant Lands The terms "disposal" "release,"
''threatened release," "hazardous substances," and "hazardous wastes" shall have the
definitions assigned to such terms or any Similar terms by the Federal Comprehensive
Environmental Response, Compensation, and Uability Act of 1980, as amended, the
Washington Model Toxics Act, as amended, or any other applicable law, rule or
regulation relating to the environment, health or safety Grantor further represents and
warrants that neither the Grantor nor his successors or assigns shall, at any time in the
future, file any adverse claim or institute any proceedings In law or equity attaching
adversely, or in any manner whatsoever the equities, right, title or interest of any of the
Water Rights herein referred to and for whIch it is hereby agreed that the Grantor has
received full and adequate compensation All warranties set forth in this Section 8 shall
survive the ClOSing and Grantor shall defend Indemnify and hold Grantee harmless from
any breaches thereof, Including costs and attorneys' fees
WATER RIGHTS DEDICATiON
AGREEMENT - 4
C:\'Nl'51 \51 \JHB\WATER.AGR
9 Utioation Expenses. In any controversy, claim or dispute alleging
a breach of this Agreement, the prevailing party shall be entitled and awarded, in
addition to any other relief, to a reasonable sum as litigation expenses (including
reasonable attorneys' fees), including any expenses incurred in any appeal or in any
bankruptcy or receivership proceeding
I
i
I
f
I
I
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I
10 Entire Aoreement. This Agreement contains the entire understanding
between the parties hereto No variations, modifications, or changes herein shall be
binding upon any party hereto unless set forth in a document duly executed by or on
behalf of such party
11 Governina Law This Agreement and the obligations of the parties
hereunder shall be interpreted, construed, and enforced in accordance with the laws of
the State of Washington
12. Commissions Each party hereby agrees to indemnify and hold the
other harmless from and agaInst any and all fees, commissions, costs, expenses
(including attorney's fees), obligations and causes of action arising against or incurred
by the other party by reason of any claim for a real estate commission or a fee or
finder's fee by reason of any contract, agreement or arrangement with the indemnifying
party
IN WITNESS WHEREOF, the parties have executed this Water F.ights
Dedication Agreement as of the date and year first wntten above
GRANTOR
Grantee
CITY OF YELM
By
Its
Address
Address
c/o Shelly Badger
City Administrator
City of Yelm
POBox 479
Yelm, WA 98597
WATER RIGHTS DEDICATION
AGREEMENT - 5
C:\WP51 \51 \JHB\WATER.AGR
EXHIBIT "A"
Legal Description
WATER RIGHTS DEDICAT10N
AGREEMENT-6
C:\WP51 \51\JH6\WATER.AGR
- -------;--...~.
EXHIBIT "B"
Legal Description of Appurtenant Lands
WATER RIGHTS DEDICATION
AGREEMENT - 7
C:\WP51 \51 \JHB\WA TER.AGR
;.
AGREEMENT
WAIVER OF PROTEST
AND SPECIAL POWER OF ATTORNEY
(LlD/UllD/LA TECOMER)
J'
THIS INSTRUMENT is entered into this _ day of
, 19 , by and
between the CITY OF YELM, a municipal corporation, hereinaher referred to as the
"CITY", and
hereinaher referred to as the "OWNER".
WIT N E SSE T H:
WHEREAS, the OWNER holds record title to the following described property
located within Thurston County, Washington:
and WHEREAS, the CITY has required as a condition of approval of the
OWNER's site plan/subdivision for said property that the OWNER participate in the
construction of certain utilities and/or street improvements as they directly relate to
said property and the OWNER desires that said requirement be delayed until projects
are formulated for the joint participation of other affected owners
NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows'
1 . The CITY will delay its requirement for tbe immediate participation by the
OWNER in the construction of certain utilities and/or street improvements, subject to
the conditions set forth hereinaher.
-1-
2. The OWNER will financially participate in the following utility and/or
street projects on an equitable basis with other affected property owners:
Sanitary sewer system improvements;
Storm water system improvements;
x Street improvements;
x Street lighting improvements;
x . Sidewalk improvements;
which improvements are more specifically described as follows
Half-street improvements for an Urban Arterial(Dwg. No. 4-3A) of the Ye~ Development
Standards. Dedication of fifteen (15) feet for public right-of-way along property fronta9'
shall occur at time of half-street improvements.
3. The OWNER hereby waives all rights to protest against future Local
Improvement District (LID), Utility Local Improvement District (ULlD), or Latecomer
Ordinance and Agreement proceedings for the construction of said improvements
described in Section 2 herein. For purposes of this Instrument, "rights of protest"
shall mean only those formal rights to protest contained within the LlD, ULlD or
Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall
constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in
interest, of the right to object to the OWNER's individual assessment amount or
latecomer charge or to appeal to the Superior Court the decision of the Council
affirming the final assessment roll or latecomer ordinance and agreement, which rights
are specifically preserved.
4. The OWNER hereby grants and conveys to the City Engineer of the City
of Yelm, or his successor in interest or designee, a Special Power of Attorney to
exercise any and all rights of the OWNER, including any purchasers, mortgage holders,
lien holders or other persons who may claim an interest in the property described
hereinabove, to accomplish the following: At such time as a Local Improvement
District, Utility Local Improvement District, or Latecomer Ordi"nance and Agreement
is proposed that would cause said improvements to be made available to the
OWNER's property described hereinabove, to exec.ute a Petition on behalf of the
OWNER for the creation of such LID, ULlD or Latecomer Ordinance and Agreement.
This Special Power of Attorney is granted in consideration of the CITY executing this
Instrument, and shall be a power coupled with an interest which may not be
-2-
i'
terminated. This Special Power of Attorney shall not be affected by the disability of
the OWNER.
5. If the OWNER fails to perform in good faith in accordance with this
Instrument, it is agreed that the CITY may discontinue utility service to the property
described herein, after giving 20 days notice thereof and an opportunity for hearing
thereon, or may. pursue other equitable or legal remedies.
6. The OWNER hereby declares that is/are the
sole owner(s) of the property described herein and has/have full power to commit said
property to this Agreement, Waiver of Protect and Special Power of Attorney.
7. This Instrument constitutes a covenant running with the land and shall
be binding on all heirs, assigns, transferees, and successors in interest
8. For purposes of RCW 35 43.182, and any LID or ULlD thereunder, the
effective term of this Instrument shall be a period of ten years from the date hereof
For purposes of RCW 35.72 and RCW 35 91, and any Latecomer Ordinance and
Agreement thereunder, the effective term of this Instrument shall be a period of
fifteen years from the date such an Ordinance and Agreement becomes effective
IN WITNESS WHEREOF the parties hereto have caused this Instrument to be
executed the day and year first hereinabove written.
CITY OF YELM
OWNER
By'
City Administrator
STATE OF WASHINGTON )
) ss.
COUNTY OF )
On this _ day of , 19_, personally appeared before me
, to me known to be the individual(sl
and/or corporate officers described in and who executed the within and foregoing
instrument and acknowledged that _ signed the same as free and voluntary
-3-
act and deed on behalf of themselves or as corporate officers of the named
corporation with full authority, for the uses and purposes herein mentioned.
Notary Public in and for the State
of Washington, residing at
My commission expires:
-4-
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CEMENT CONC.
BARRIER CURB
AND GUTTER
CI TY OF YELM
DEPT OF PUBLIC WORKS
STREETS OUTSIDE C.B D
URBAN ARTERIAL
GENERAL NOTES
1 NO "ON STREET" PARKING PERMITTED
2. REFER TO RELEVANT SECTIONS OF THE
DEVELOPMENT GUIDELINES FOR ADDITIONAL
INFORMA TION ON STORM DRAINAGE, STREET
LIGHTING, PAVEMENT_STRUCTURE, ECT
- I .-;:~_.~
APPROVED
0C4-3A.OWG
PUBLIC WORKS DIRECTOR
DES. OWN.
S-C S-C
DATE
CKD.
S-C
DWG. NO. (
4-3A -
DATE
11/27/94
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Pre-Application Meeting
May 15, 1996
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Proponent: Ken Donahue
Representative Steve Roe
/
Project Proposal Demolition of existing building and construction of 2,300 sq ft.
office building
Project Location 709 Yelm Avenue East
Zoning
Parking
Loading
Landscaping
SEPA.
Other'
Commercial (C-1), Chapter 17 26
Minimum Lot Size - 5,000 sq ft.
Setbacks Front yard -J5' from R-O-W
Rear Yard -~ 13+rrs-1 0' landscape bGffer:l
Side yard - 19' (P(fYJ (() / Irf/ll-t0 Ui:J'~
Chapter 17 72 1 stall per 300 sq ft. of gross floor area
bvtlf/
Chapter 17 72 1 loading area for up to 5,000 sq ft. Loading area must
accommodate a vehicle forty-five feet in length, twelve feet in width and
fourteen feet in height.
Chapter 17 80, TYP~ III, IV and V Conceptual landscaping plan
required with application for Site Plan Approval Final landscaping and
irrigation plan required as element of civil construction drawings
Environmental checklist required for all buildings in excess of 4,000 sq
ft. or more than 20 parking stalls associated with the building
Design Guidelines, Mixed Use designation
Transportation Concurrency - the City is currently researching a
Transportation Facility Charge Program (TFCP) It is unknown at this
time if and when a TFCP would implemented
Application ,fJ
and Process Site Plan Review, administrative CiProcess co.m.p.leted in approximately 6 - yvJ,
8 weeks. Fee Schedule attached ~."------. (../ r J; Cf
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5-15-96
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Roacts/Access'
Yelm Avenue East, one access.
Water:
Property currently .served by city. Consumpt1qn
assesment to determine if additional servicetq
the site is requtred.
'-
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Property currently
ERU's may be assessed
expansion.
served by city.
if expansion
.Additional
requires system
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as per development guidelines
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City of Yelm
105 Yelm Avenue West
PO Box 479
Yelmi Washington 98597
(360) 458-3244
..
PLANNING DEPARTMENT
I
DATE June 20, 1996
CASE NUMBER. SPR-8176
APPLICANT Ken Donohue
PROJECT LOCATION 709 YelmAve E
PROJECT'SUMMARY New Commercial Structural
The enclosed project information is for your review Please provide written comtnentsor recommendations to
Cathie Carlson by Julv 8, 1996 Your comments will become part of ttie record and utilized in the decision-
making process by staff, Planning Commission or City Council
TYPE OF APPLICATION
1-PROPOSED
FINAL
LADMINISTRA TIVE
PLANNING COMMISSION
.. CITY COUNCIL
-LSite Plan Review
_Preliminary Plat
-.-:...Final Plat
, Short Subdivision
=Conditional Use
_Variance
-....:Planned Residential Development
----:Mixed Use Planned Development'
---:--:Master Planned Development
~Home Occupations
~fv1obile'Home Park
TO
1- City Administrator
1-Director of Public Works
1-Building Department
LCity Planner
1- City Clerk
~Police Department ,
--L.. Y elm Municipal Court
LJ'uget Power
L Viacom
lWash,ington Natural Gas
1-AdJacent Property Owners'
~US Post Office (Yelt}1)
_Dept. of Ecology
____Thurston County Assessor
-X.....WSDOT
1-:lntercity Transit
--,-School District
~Yelm T~lephone
~LeMay Garbage Service
~Fire Department
-X-Thurstori CQunty Capcom
_ Adjacent Jurisdiction
_Thurston County Environmental Health
~ Olympic Air Pollution Control Authority
____Parks and Recreation Committee
l Y elm Chamber of Commerce
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COMMERCIAL PROJECT FOR:
DONOHUE CONSTRUCTION
KEN DONAf-IUE C36el> J'08-oJ'?I3
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_______~ """,-.. __,,~,,_ '_..."_~..." 0-<>.>-------..-