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Hard File Scanned Cm Of VflM .tIi !It ",1,,->11""'" REVENUE ,JOURNAL ., 8~/3e/98 88:82 PAGE .-' 899 999 999 999 98 99 99 THRU 999 999 999 999 99 99 99 9~/91/98 THRU 94/39/98 . ACCOUNT NUMBER OESCRIPTION OATE POST REFERENCE AMOUNT TRAN REC I 9~/13/98 . 991 999 999 386 97 99 99 JUOICIAl INFO SYS RCW 2 68 8~9 9901 MAR 98 661 41 91 8727 991 999 999 386 99 99 99 SCHOOL lONE SAFETY 9~/13/98 9901 MAR 98 696.38 91 8727 RECEIPT TOTAL 29.236 51 " 491 999 999 343 49 99 99 WATER SALES 94/14/98 9991 WATER 3,924 59 91 8728 412 899 988 343 59 99 99 SEWER SERVICE RATES 9~/14/98 8981 SEWER 4,197 19 91 8728 ~ RECEIPT TOTAL 8,931 78 981 989 998 576 99 24 99 MEOICAl INSURANCE 94/14/98 9901 REFUNO OVRPYMT 49 99 91 8729 ... 412 999 999 53~ 19 24 89 MEO~CAL INSURANCE 94/14/98 9901 REFUNO OVRPYMT 49 89 91 8729 RECEIPT TOTAL 89 89 '- 491 989 999 3(3 89 91 99 WATER HOOKUP FEES 84/14/98 9991 789 99 91 8739 492 989 988 389 89 89 88 CONSUMER OEPOSITS:NON-REVENUES 94/14/98 8901 89 99 81 8739 493 999 999 343 89 88 99 OTHER UTILITY FEES & CHARGES 84/14/98 9991 198 89 91 8739 ... 484 989 998 343 89 34 98 ERU FEES 84/14/q8 9901 1,498 98 81 8738 412 898 988 343 59 91 89 SEWER HOOKUP FEES 94/14/98 9991 1,849 99 81 8739 RECEIPT TOTAL 4.289.88 .. " 991 999 999 312 19 99 98 BUILOING PERMITS & INSPECTIONS 94/14/98 8991 693 59 91 8731 991 999 999 322 19 99 99 BUIlOING PERMITS & INSPECTIONS 84/14/98 9982 612.59 81 8731 iii 991 999 999 322 19 89 90 BUILOING PERMITS & INSPECTIONS 94/14/9B 9993 51.59 81 8731 981 9ge 099 322 18 89 99 BUllOING PERMITS & INSPECTIONS 04/14/98 0804 51.50 01 8731' 991 990 009 322 19 99 99 8UIlOING PERMITS & INSPECTIONS 94/14/98 9005 114 50 81 8731 .. 981 008 880 322 10 99 l0 BUIlOING PERMITS & INSPECTIONS 84/14/98 0886 114 50 81 8731 801 000 908 345 81 89 98 PLANNING OEP FEES, lONING ETC 84/14/98 8901 977.27 81 8731 881 098 888 345 81 88 88 PLANNING OEP FEES.lONING ETC 84/14/98 8882 977 27 81 8731 .. 881 989 809 345 83 99 90 BLOG OEPT PLAN REVIEW FEES 04/14/98 0001 150 88 91 8731 801 009 998 345 83 98 80 810G OEPT PLAN REVIEW FEES 94/14/98 8092 153 13 01 8731 091 990 000 386 09 00 90 8UILOING COOE FEE 04/14/98 9001 4.50 01 8731 981 099 098 386 00 08 00 BUIlOING COOE FEE 94/14/98 0882 4 50 91 8731 120 999 000 344 85 00 00 FEES - OFF-SITE TRANS IMPROVE 94/14/98 0901 757.59 91 8731 120 900 009 344 85 00 08 FEES - OFF-SITE TRANS IMPROVE 04/14/98 0882 m 58 91 8731 412 899 989 343 89 09 99 SEWER PERMIT FEES 94/14/98 0991 125 98 91 8731 412 089 000 343 80 09 00 SEWER PERMIT fEES 0~/14/98 0802 125.00 01 87,31 RECEIPT TOTAL 5,580 55 412 080 088 343 50 81 88 SEWER HOOKUP FEES 04/14/98 0081 6.570 00 81 8732 412 880 988 343 88 88 88 SEWER PERMIT fEES 84/14/98 8991 821 25 81 8732 RECEIPT TOTAL 7,391 25 891 898 888 345 81 89 98 PLANNING OEP FEES ,lONING ETC 84/14/98 8901 COUNTRY STOR/O R 759 80 81 8733 RECEIPT TOTAL 758 80 901 109 990 345 81 08 99 PLANNING OEP FEES,lONING ETC 04/1~/98 8m 3 ,469 5 4 - 91 8734 RECEIPT TOTAL 3,469 54- 118 099 098 347 90 88 08 FEE COllECTIONS 84/1~/98 8891 NEIGHBORHOOO OEV 3.469.54 81 8735 RECEIPT TOTAL 3,469.54 March 25, 1998 Mr JoM Huddleston PO Box 1206 . . , Yelm, W A 98597 RE. Permit Fees C;f1' nf Yplm 7:2e;bycL waf t:-~ Lf5? -9/0 L/ f;, -:John /Ucfl!esiol1 DearMr, Huddleston. In J:'evlewmgtheproJect file for 15529 & 15531 104th Place.SElots 4 & 5, 1 notIced that there <rre'addItional development fees that will need tq be collected before a final mspectIonWill be Issued. The fees are outlIp,ed below $ 125.00 $ 757.50 $1.954.54 Total $ 2,837.04 additIonal sewer permIt fee addItional transportation facility charge open space fees ($977.27 x 2) If you have ~y questions III this regard, you may contact my office at (360) 458;.8407 Sincerely; CITY OF YELM tJv~- Drew Feln;11ey Building OffiCial (1) R<<:ycIe4 paper ;- WHEN RECORDED RETURN TO John D Huddleston POBox 1206 Yelm, WA 98597 DOCUMENT TITLE REFERENCE NO OF DOCUMENTS ASSIGNED OR RELEASED GRANTOR(S) GRANTEE(S) Partial Release of Lien LEGAL DESCRIPTION ASSESSOR'S TAX PARCEL ID NO 3123278 CITY OF YELM, WA NEIGHBORHOOD DEVELOPMENT GROUP, LLC Lots 4 and 5, Mill Park Place 62190000400,62190000500 ************************************************************ NOTICE OF PARTIAL RELEASE OF DECLARATION OF LIENS WHEREAS, on December 4, 1997, the CITY OF YELM, WASHINGTON, a municipal corporation, recorded a Declaration of Liens against NEIGHBORHOOD DEVELOPMENT GROUP, LLC, the same being recorded In the office of the Thurston County Auditor, Olympia, Washington, under file no 3123278, pertaining to certain real properties, including the follOWing described real property, located In Thurston County, Washington Lots 4 and 5 of MILL PARK PLACE, as recorded under Thurston County Auditor's file no 3123283 NOTICE OF PARTIAL RELEASE OF LIEN, PAGE 1 OF 2 NOTICE IS HEREBY given that all sums oWing In connection with said claim of lien pertaining to said Lots 4 and 5 have been paid In full, and said Declaration of Liens IS hereby released of record as to said Lots 4 and 5 DATED this day of , 1998 CITY OF YELM, WASHINGTON By Its STATE OF WASHINGTON ss COUNTY OF THURSTON On this day of , 1998, before me personally appeared of the mUnicipal corporation that executed the within and foregoing Instrument, and acknowledged the said Instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said Instrument and that the seal affixed hereto (If any) IS the corporation seal of said corporation F ===j IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written b Seal d Notary Public In and for the State of Washington, residing at My commission expires NOTICE OF PARTIAL RELEASE OF LIEN, PAGE 2 OF 2 . . " . . .' ~ua~ n.~! .~. . , I . . ,~~~,~~~~..{~~;;:;~~,,~~~,~,&<"<'>':~ ' ... ;,. V)>>.J'",,,"}),>')),~~,,"))""'\,'t""$~~~~" ," , , //.f',j/;~u///&, /' , . r,/ . ,.",,'<:..~{{..0~(<<(~/' ( ,~~~~,:"'" /'1)/.-,,;.,* !,' ~/ /<:'@'s..:\1~~,~<~~ / '" ~ .....;. ........ ~~ , / .... ,-" ..... .., "- ~ ........ . , , , RECEIPT No. 0'872 9~ RECEIVED ....EIGHTY DOLLARS & 00 CENTS RECEIVED FROM THURSTON CO TREASURER DATE REC, NO. 04/14/98 8729 CHECK REF NO 14202 AMOUNT 80.00 MISCELLANEOUS RECEIPT SHARI REFUND OVRPYMT HOLDER/WALTON RECEIPT No. 0 8730 RECEI"Y,a)*FOUR THOUSAND T\'10 HUNDRED DOLLARS & 00 CENTS .RECEIVE'D FROM NEIGHBORHOOD DEV PO BOX, 1206 YELM, ljA SITEL 15529+31 104TH PL SE 458-9104 DATEREC, NO, 04/14(98 8730 AMOUNT 4,200.00 CHECK REF NO, 4120 MISCELLANEOUS RECEIPT $HARI...__... .__ __.... SEWER FEES 1840 FOR LOTS 4& WATER METER 780 ERU FEE 1400 ,...;; '-'-:--,. STILL OWES $160 TO BE PAID ON SEWER ----"'____w ~._---- --'-1---'"""'---.--------.-'------.------ RECEIPT No. 087 31 '# '" . . 'RECEI},f:k>.1<'TVl'l "'T.JnTT!=lnl-Tn 1<'TUl'l T.JTTlIlnt)l'ln J;!'rril-l''I'V nnT T n"Qq t:.. c:;e; (""'''T'I'CI WI.lfa1 l!IA'" . ~ ~ . . MUll ~"Q . . i. C .1iIW ~nlll . '. . Q IiIJ,UI n~" HOt] ~, ,-- .'Ii ;'S':68';'~"!:' ",.. ".,,,-, . .' A~. " ...' " . ~ "':~ ('-~; ..,.......?:.. Re,ce:JPT.~~." .:;. - ~ -- " ,oJ ;-t- --~ -...... 'Z1,:f' '''"''. .' .... _ 'f>';;;::""'_.::'>" O:NE"HU:ND'RE~:F':tR~~: "!!VE'~~D;o:ul'ii:i:R$\\ &~t'~0 ,dENTS' .' .' , ~ .~~. '.' :,:: .": ,:cb~'> '~:~~~~~~~~,~: ", .AM~ '~ .,.~, ,0Sft'1:J'~7' ~'~CK '~0'20 RSF :N,~ ,:JJ:Ept:IVED.FRQM 'J..i.f,~ . -.,.;".,\ GRQUP 1 .1'5~:5'.0'0 NEIGffBO~~OOD DEVELOP poaox ,'i~~'6' ,X!l:f.!,l\;'""Wh'_ "" ;,5, I T,$.~lS'5.2 9- 15531 ':i~'~~.~H~!~ " 56;~2 ".~ ~~ :\.. -0.'_i"~;~~ ~::-~ ..t':;:~"'-:: ---;~:4-:~i' ,-,,1'>-<- . ,., .,.."'t'-'':'" i04JFft&~ "'_"~~r:~s .:r..:,tt,:."~~~. ..j, '.;. ~.""~:-"l. "'~~ ,~^ -.'i>';!'~, ..J:'\.... ili~~~~~~,~:.;C.f' ~ .~ ;f- t\.~ O)<!'I" ..., 125 SWR 7: ~ .,.~.----.--..:~, <po '( ,.;; RETURN ADDRESS c~ ~ ~\~ c~~\~ ~y-~" \7 ZJ \SaX ~\9 ~\'r...-.. ~~ ~~~I Please print neatly or type information Document Title(s) ,;JL4T C~/~~C'/t~ Reference Numbers(s) of related documents Additional Reference # s on page _ Gran tor( s) (Last, First and Middle Initial) /J1'L LL r,4/CK /LACL- rK,D/ jl/ELCff8o-iCl!()C20 iJe-t/CL()-?frZEAfIWcUU~ 71/E- Additional grantors on page _ Grantee(s) (Last, First and Middle Initial) ru8LJ.-C " T'f-IL Additional grantees on page_ Legal Description (abbreviated form. i.e. lot, block, plat or section, township, range, quarter/quarter) NLA-J AiMJ _JO -/7AJ- d-E Additional legal is on page_ Assessor's Property Tax Parcel/Account Number c?:2iJO:;}-;;A 0 700 Additional parcel #'s on page_ The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein, J\ lU III II II lit lllj ~ 3123282 Page 1 of 5 12/94/1997 92 1~ Thurston Co, WA 00040667 $100.00 100.00 NO LIABILITY '-:;l;.t.., . FEE S CmCAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES THE NEIGHBORHOOD DEVELOPMENT GROUP, A WASHINGTON LIMITED LIABILITY COMPANY herem called the Assured, against actual loss not exceeding the liability amount stated above WhICh the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A LIABll.ITY EXCLUSIONS AND LIMITATIONS 1 No guarantee is given nor liability assumed with respect to the identity of any party named or referred to m Schedule A <;>r with respect to the validity, legal effector 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 m no event shall the Company's liability exceed the liability amount set forth above. SEPTEMBER 29, 1997 Dated. CHICAGO TITLE INSURANCE COMPANY By~-;L.~ AUlhorized Sigtulture Please note carefully the liability exclusions and lImitations and the speCIfic assurances afforded by tlus guaran- tee 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. \ II 11II1'1' tit, \11' \ H '\\11 IIm\I' \\,\ \11\ ~~el;~Bi 1 CITY OF YELM PC $12 aa Thurston COI WA Form 2626-R. 1/74 CLTA Guarantee Face Page (Rev 6-8-71) CHICAGO TITLE INSURANCE COMPANY @ 3315 PACIFIC AVENUE S.E., OLYMPIA, WA 98501 (360) 456-7878 SUBDIVISION GUARANTEE SCHEDULE A - SECOND GUARANTEE - Your No. Order No. 00040667 LIability. $ Fee' $100.00 Tax. $8.00 Total. $108.00 Dated. SEPTEMBER 29, 1997 Name of Assured. THE NEIGHBORHOOD DEVELOPMENT GROUP, A WASHINGTON LIMITED LIABILITY COMPANY The assurances referred to on the face page are: That, according to those public records which, constructive notice of matters relative to the description of wluch is fully set forth in under the recording laws, impart following described real property. See Exhibit A attached hereto and made a part hereof. Title to saId real property is vested lll. THE NEIGHBORHOOD DEVELOPMENT GROUP, A WASHINGTON LIMITED LIABILITY COMPANY Subject to the matters shown below under ExceptIons, whIch Exceptions are not necessarily shown in the order of their priority EXCEPTIONS: Taxes or assessments which are not shown as existing liens by the records or any taxing authority that levies taxes or assessments on real property or by the public records. 2. Unpatented mming claIms, reservations or exceptIons in the Umted States Patents or III Acts authorizing the issuance thereof; water nghts, claims or title to water 3 Title to any property beyond the lines of the real property expressly described herein, or tItle to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, ramps, or any other structure or improvement; or any nghts or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Subdivision Guarantee Page 1 11111111111111111111 II rTTY OF YELM PC $12 99 3123282 Page 3 of 5 12/94/1997 92 18f Thurston Co, WA Additional Exceptions: SUBDIVISION GUARANTEE SCHEDULE A (Continued) 4 GENERAL TAXES PAID IN FULL. YEAR. 1997 GENERAL TAXES AMOUNT BILLED' $1,46976 AMOUNT PAID' $1,46976 TAX PARCEL NO 22730220700 TCA NO 170 ASSESSED LAND VALUE. $35,500 00 IMPROVEMENTS $69,10000 5 DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF GRANTOR. TRUSTEE. BENEFICIARY AMOUNT DATED' RECORDED' RECORDING NO THE NEIGHBORHOOD DEVELOPMENT GROUP, A LIMITED LIABILITY COMPANY CHARTER TITLE CORPORATION FIRST COMMUNITY BANK $247,50000 MARCH 19, 1997 MARCH 26,1997 3080495 6. AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN IN FAVOR OF FOR. RECORDED' RECORDING NO AFFECTS WASHINGTON NATURAL GAS COMPANY, A WASHINGTON CORPORATION GAS PIPELINE OR PIPELINES OCTOBER 23, 1996 3058473 FIVE FEET EITHER SIDE OF THE CENTER LINE OF THE NATURAL GAS DISTRIBUTION LINES CONSTRUCTED OR TO BE CONSTRUCTED WITHIN THE SAID REAL PROPERTY 7 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN AND DATED' RECORDED. RECORDING NO PURPOSE. JOHN HUDDLESTON, THE NEIGHBORHOOD DEVELOPMENT GROUP YELM COMMUNITY SCHOOLS DISTRICT NO 2 AUGUST 29, 1996 APRIL 3, 1997 3081974 MITIGATION AGREEMENT 8. SEWAGE OPERATION AND MAINTENANCE PERMIT AND THE TERMS AND CONDITIONS THEREOF FROM. THURSTON COUNTY ENVIRONMENTAL HEALTH RECORDING NO 9504210122 Subdivision Guarantee Page 2 1111111111111111111111 I"'TTV i1F" VELM PC $12 SS 3123282 Page 4 of 5 12/S4/1997 S2 18f Thurston COI WA Exhibit A THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., DESCRIBED AS FOLLOWS. BEGINNING AT A POINT ON I'HE WEST LINE OF SAm NORTHWEST QUARTER OF '[HE NORTHWEST QliARTER. 254 FEET NORTH OF ITS SOUTHWEST CORNER; RUNNING THENCE NORTH ALONG SAID WEST LINE 203 FEET, MORE OR LESS, TO A POINT 863 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 30; THENCE EAST 664 FEET; THENCE SOUTH 203 FEET MORE OR LESS; THENCE WEST 664 FEET TO '[HE POINT OF BEGINNING, EXCEPTING THEREFROM THE W~:ST 20 FEET FOR COUNTY ROAD KNOWN AS MILL ROAD IN THURSTON COUNTY, WASHINGTON 1111111111111111111111 rrrv nl=" ~nM PC $12 88 3123282 Page 5 of 5 12/84/1997 82 18f Thurston Co, WA WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS: THAT WHEREAS The NeIghborhood Development Group, a WashIngton lImIted lIabilIty company (hereInafter referred to as the "Owner"), has applIed to the CIty of Yelm, a polItIcal subdIVIsIon of Thurston County of the State of WashIngton, (heremafter referred to as the "CIty") for the approval by the CIty of a certaIn plat of a subdIvlSlon to be know as Mill Park Place, 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 nghts-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 be constructed In accordance WIth the speCIficatIons hereInafter set forth, and WHEREAS, In accordance WIth the terms 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; I \"111 "II' 11'1 'I "II 1'1' 11"\1 '11"1 III "\'Ijl~ ~)\ rTTV n~ VELM AGR 3123281 Page 1 of 3 12/64/1997 62 1E Thurston Co, I-lA 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 twelve (12) 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 the foregOIng warranty and WIthout lImItIng the CIty'S remedIes for breach of warranty, the Owner agrees to promptly repaIr or replace any defectIve work, at no cost to the CIty, and proVIde all labor, eqUIpment and materIals necessary therefor, 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 streets, utilItIes and other Improvements, as shown on saId plat, and the Owner shall be lIable to pay to and Indemmfy the CIty, upon completIon of such constructIon, the final total cost to the CIty thereof, Includmg 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 of the provlSlons 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 party to thIS agreement WIthout the prIor WrItten consent of the CIty rt~ lU III II II llUllJ ~ 3123281 Page 2 of 3 12/64/1997 62 181 Thurston Co, \.lA IN WITNESS WHEREOF, THE OWNER has executed thIS agreement thIS ~y of November, 1997 ~,,~~~~~ OWNER c..r... ~ ~ ~~\~ O~MANAGING MEMBER CITY OF YEIM AYrEST I C-- ~' ~e,LJ..<:'" P '''"l.~c-rz,- Approved as to form. CIty Attorney 1111111111111111111I II rnv OF VELM AGR $18 88 3123281 Page 3 of 3 12/84/1997 82 181 Thurston COI WA BILL OF SALE THIS BILL OF SALE IS made and executed thIS ~day of~"",~ , 19~, by and between The NeIghborhood Development Group, a WashIngton lImIted lIabilIty company (hereInafter called the grantor(s)), and the CIty of Yelm, a MUnICIpal CorporatIon (hereInafter called the grantee) WITNESSETH. That the grantor(s), for good and valuable conSIderatIon, the receIpt of whICh IS hereby acknowledged, hereby convey, set over, assIgn and warrant to the CIty of Yelm the follOWIng described property sItuated In Thurston County, State of WashIngton, TO WIT The S.T.E.P system servIce lateral from the tank to the sewer maIn, tank, pump and pump controls as extended from the IntersectIon of 104th Place SE and Mill Road and extendmg down 104th Place SE through out the platt of Mill Park Place. The grantor(s) hereby warrants that they are the sole owner(s) of all the property above conveyed, they have full power to convey the same, and they will defend the tItle of saId grantee agaInst any and all persons lawfully makmg claIms thereto DatedatYelm, Washmgton,thIs~dayof~ , 19~ ~~~~~"'~~~~~~~~~ ~~ Grantor ~'C:>\~ Managmg Member 111111111111111I111111 rnv nF' VELM MISC $S SS 3123280 Page 1 of 2 12/S4/1997 S2 181 Thurston Co, WA STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) I certIfy that I know or have satIsfactory eVIdence that John Huddleston IS the person who appeared before me, and saId person acknowledged that he SIgned thIS mstrument, and acknowledged It to be hIS free and voluntary act for the uses and purposes therem mentIoned. ,UlldHlfJ ~ \ rl -'"\,/1 Pi\ I I _ ./" IAn "Q(V.~nMn't~II,mY hand and seal thIS _ day of...L1 u\J'f,yIA.AOU , 19~ ......,.. C:' \ ......~. //y/;;.... $', ~(', .:<o:.l~" :"'-f .../\ ~ :~ ;f.. ..:;:- . <,' , C)1 A nt -1-... \. (jl ::: 1'., , A/l II "1Y) 2 ] 2 .. :~. \h "iIJ- -;,: '\ ~ '" -J-jIAI(lVYLL II /' J{/V7 (lx1, ~!., ~ <oJ'.> "'..... r ~1; , .~ Notary PublIc in and for the State - Ul. I U r,\ ~ 'o.t .",,"" f" ~~ ~._ ." ~ Q"." u\..' , .: (~. ~ f 0 Washmgton, resIdmg m .q::: ) . ~ ~:r..'..'~ ~...(j-'" ~"~' My commISSIon expIres "(,- ~ - J_ .4 ~ '\,' -. .-,..... .;,,/...... 0 . .' \" ", .~~:/~~~~~~~ePted by the CIty of Yelm thIS 2-tJy day of ~a:MO'~ , 199( ..,. CIty ofL By. ) ~ DIrector of Pu hc Works JllU III III IIIUIIJJI --, 3123280 Page 2 of 2 12!IW1997 S2 181 Thurston COI ~A BILL OF SALE THIS BILL OF SALE IS made and executed thIS ~y of~~ , 19~, by and between The NeIghborhood Development Group, a WashIngton hmIted habihty company (hereInafter called the grantor(s)), and the CIty of Yelm, a MUnICIpal CorporatIon (hereInafter called the grantee) WITNESSETH. That the grantor(s), for good and valuable conSIderatIon, the receIpt of whICh IS hereby acknowledged, hereby convey, set over, assIgn and warrant to the CIty of Yelm the follOWIng described property SItuated In Thurston County, State of WashIngton, TO WIT All water maInS together WIth valves, valve boxes, hydrants, pIpIng, fittIngs and all other appurtenances as extended from the IntersectIon of 1 07th Loop SE and Mill Road and extendIng down l07th Loop SE through out the platt of Mill CIrcle Estates. The grantor(s) hereby warrants that they are the sole owner(s) of all the property above conveyed, they have full power to convey the same, and they will defend the tItle of saId grantee agaInst any and all persons lawfully makIng claIms thereto Dated at Yelm, WashIngton, thIS~ day of~~~~ , 1953.. ~~"-.~~~~~~~ Grantor ~\~ ManagIng Member Cl~ 1'\11 '" " '" IIjJ U J' 3123279 PCige 1 of 2 12/84/1997 82 181 Thurston Co, \.lA STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) I certIfy that I know or have satIsfactory eVIdence that John Huddleston IS the person who appeared before me, and saId person acknowledged that he sIgned thIS mstrument, and acknowledged It to be hIS free and voluntary act for the uses and p1..!rpq~es therem mentIoned. .\\\1111111/11 ~, ,,""~'}r~n~~~il~/~!hand and seal thIS It day of j\kJl}f~r ,19!ll ~ "r. ~... f ..'k \"\ ~ ~ ~i .* t.CjI ",I 'J r ~,. 'f" ~ >./; ~ '"' It':p.' __, ~l"'... '". fJ~ ~ J.~' ~ .' 0 II' r,\,. "'... , ." " J U :: .y ~ ~ '15' i I ;> ~1i' :::' ' I ) WJ vvu.. 1/' f .1/VL&!l .::...,t' . 0 . ,:t" ~ !~r v ~ 'f\'. . (.> (;:; ~,.-- rr ~ E i'~ft ~ I.fl ~. ;,,/':;, u 0 \. '. c :::>:: ~ V.' Notary Public in and for the Sl:a;te , '\ %. -:;. ....'!....;> , _ cf-. ':: f of W ashin~n, resi~ing in -1J75~./ltVU ~//'~ ....;:J .... ~ ~ ,,': My commISSlOn expIres g~_ ". I" () ,,~ \\ \ ,.' '''..,.''//( r \'1'" S ,\' ~iy5'Wfi\lI~~c~pted by the CIty of Yelm thIS Lrvo day of~Cf-m~ , 19ct7 CIty of Yelm By. L-- - A- DIrector of ubhc Works 1111111111111I11111111 ["ny OF YELM MISC $a aa 3123279 Page 2 of 2 12!a4!1997 a2 181 Thurston COI WA Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): 1 DeclaratiOn of LIens 2 Reference Number(s) of Documents assigned or released: (on page of documents( s)) Grantor(s) (Last name, first name, middle initial) 1 Huddleston, John D 2 3 3 Grantee(s) (Last name, first name, middle initial) 1 t!-A~ 6 t ,/J('{\ 2 3 0 AddItIonal names on page _ of document Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) SectiOn 30 TownshIp 17N, Range 2E o AddItiOnal legal IS on page -L of document Assessor's Property Tax Parcel/Account Number' 22730220700 lt~\~UJ\ I Ill!\ III '" It I"IJI\\ ~J\ 3123278 Page 1 of 3 12/S4/1997 S2 18' Thurston COI WA Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): 1 Stormwater Mamtenance Agreement 2 Reference Number(s) of Documents assigned or released: (on page of documents( s)) Grantor(s) (Last name, first name, middle initial) 1 Huddleston, John D 2 Huddlesotn, Chnsta I. 3 KalIsh, Bruce 4 City of Yelm Grantee(s) (Last name, first name, middle initial) 1 Huddleston, John D 2 Huddlesotn, Chnsta I 3 KalIsh, Bruce 4 CIty of Yelm Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) SectIOn 30 TownshIp 17N, Range 2E o AddItlonal legal IS on page -L of document Assessor's Property Tax Parcel/Account Number' 22730220700 111111111 11111 III 111111 c tTY OF YELM AGR $22 88 3123277 Page 1 of 15 12/94/1997 82 18 Thurston Co, \.lA COMMERCIAL INDUSTRIAL AGREEMENT TO MAINTAIN STORM WATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN THE NEIGHBORHOOD DEVELOPMENT GROUP ITS HEIRS, SUCCESSORS OR ASSIGNS (HEREINAFTER "The Owner") AND THE CITY OF YELM (HEREINAFTER "The JUrisdICtIon") The upkeep and mamtenance of storm water facihtIes and the ImplementatIon of pollutIon source control best management practIces (BMPs) IS essentIal to the protectIon of water resources. All property owners are expected to conduct busmess m a manner that promotes enVIronmental protectIon. ThIS agreement contams specIfic provlSlons WIth respect to mamtenance of storm water facihtIes and"use of pollutIon source control BMPs. LEGAL DESCRIPTION See Attachment "C" Whereas, The Owner has constructed Improvements, mcludmg, but not lImIted to, buildmgs, pavement and storm water facilItIes on the property described above. In order to further the goals of The JUrIsdICtion to ensure the protectIon and enhancement of The JurisdICtIon's water resources, The JUrISdIctIon and The Owner hereby enter mto thIS agreement. The responsibilItIes of each party to thIS agreement are IdentIfied below. THE OWNER SHALL. 1 Implement the storm water facihty mamtenance program mcluded herem as Attachment" A" Z Implement the pollutIon source control program mcluded herem as Attachment "8" 3 Mamtam a record (in the form of a log book) of steps taken to Implement the programs referenced m 1 and Z, above. The log book shall be available for mspectIon by The JUrIsdICtIon staff at 701-B PraIrIe Park Lane durmg normal busmess hours. The log book shall catalog the actIon taken, who took It, when It was done, how It was done and any problems encountered or follow-on actIons recommended. Mamtenance Items (problems) hsted m Attachment "A" shall be mspected on a monthly or more frequent baSIS as necessary The Owner IS encouraged to photocopy the mdIvIdual checklIsts m Attachment "A" and use them to complete ItS monthly mspectIons. These completed checkhsts would then, m combmatIon, comprIse the monthly log book. 1111111111111111111111 r.lTY OF" YELM AGR $22 SS 3123277 Page 2 of 15 12/S4/1997 S2 181 Thurston Co, I-lA 4 SubmIt an annual report to The JUrISdICtIon regardmg ImplementatIon of the programs referenced m 1 and 2 above. The report must be submItted on or before May 15 of each calendar year and shall contam, at a mmImum, the followmg: a. Name, address and telephone number of the busmess, person or firm responsible for plan ImplementatIon and the person completmg the report. b Time perIod covered by the report. c A chronologICal summary of actIVItIes conducted to Implement the programs referenced m 1 and 2, above. A photocopy of the applIcable sections of the log book WIth any addttIonal explanatIon needed, shall normally suffice. For any actIVItIes conducted by paId partIes not affilIated WIth The Owner, mclude a copy of the mVOIce for servIces. d. An outlIne of planned actIVItIes for the next year THE JURISDICTION SHALL. 1 PrOVIde techmcal aSSIstance to The Owner m support of Its operatIon and mamtenance actIVItIes conducted pursuant to Its mamtenance and source control programs. SaId aSSIstance shall be prOVIded upon request, and as The JUrISdICtIon tIme and resources permIt, at no charge to The Owner 2 ReVIew the annual report and conduct a mmImum of one SIte VISIt per year to dtscuss performance and problems WIth The Owner 3 ReVIew thIS agreement WIth The Owner and modIfy It, as necessary, at least once every three years. REMEDIES. 1 If The JUrIsdtctIon determmes that mamtenance or repaIr work IS reqUIred to be done to the storm water facilIty eXIstmg on The Owner's property, The JUrIsdtctIon shall gIve the owner of the property WIthm whICh the dramage facilIty IS located and the person or agent m control of saId property, notIce of the speCIfic mamtenance and/or repaIr reqUIred. The JUrISdICtIon shall set a reasonable tIme m whICh such work IS to be completed by the persons who were gIven notIce If the above reqUIred mamtenance and/or repaIr IS not completed WIthm the tIme set by The JUrISdICtIon, wrItten notIce will be sent to the persons who were gIven notIce statmg The JUrISdICtIon's mtentIon to perform such mamtenance and bill the owner for all mcurred expenses. The JUrISdICtIon may also revoke storm water utilIty credIts for the qualIty component or mvoke surcharges to the quantIty component of The Owner If reqUIred mamtenance IS not performed. 2 If at any tIme The JUrIsdICtIon determmes that the eXIstIng system creates any Immment threat to publIc health or welfare, The JUrIsdICtion may take ImmedIate 11\\111 \\11\ 11\1 \11\\11 1\1\ 11\11\ 1\1\\1 III \\I\ij~ II i'TTY nl=' vnM AGR 3123277 Page 3 of 15 12/64/1997 62 181 Thurston Co, WA measures to remedy saId threat. No nohce to the persons lIsted m RemedIes 1, above, shall be reqUIred under such CIrcumstances. 3 The Owner grants unrestricted authOrity to The JUrIsdtchon for access to any and all storm water system features for the purpose of performmg mamtenance or repaIr as may become necessary under RemedIes 1 and/or 2, above 4 The persons lIsted m RemedIes 1, above, shall assume all responsibilIty for the costs of any mamtenance and/or repaIrs to the storm water facilIty Such responsibilIty shall mclude reImbursement to The JurisdICtion WIthm 30 days of the receIpt of the mVOIce for any work performed. Overdue payments will reqUIre payment or mterest at the current legal rate for lIqUIdated judgements will be added. If legal achon ensues, any costs or fees mcurred by The Jurisdtchon will be borne by the partIes responsible for saId reImbursements. 5 The Owner hereby grants to The JurisdIction a lIen agamst the above described property m an amount equal to the cost mcurred by The JurisdICtion to perform the mamtenance or repaIr work described herem. ThIs agreement IS mtended to protect the value and deSIrabilIty of the real property described above and to benefit all the CItIZens of The JUrisdICtion. It shall run WIth the land and be bmdmg on all partIes haVIng or acqUIrmg from The Owner or theIr successors any right, htle or mterest m the property or any part thereof, as well as theIr tItle or mterest m the property or any part thereof, as well as theIr heIrs, successors and aSSIgns. They shall mure to the benefit of each present or future successor m mterest of saId property or any part thereof or mterest the rem and to the benefit of all CItIzens of The JUrisdiction. ~ \\.u.~~~~ ~~r\~~ The Owne ~~~~ STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) On thIS day and year above personally appeared before me, Jo~ n HUfld Jf$tDYL.-- and known to be the mdIvIdual(s) described, and who executed the foregomg mstrument and acknowledge that they SIgned the same as theIr free and voluntary act an<lae.e,~,for the uses and purposes therein mentIoned. " 'I.A, \ ~" . \-,\- "} \ ~-'# .V ./~/,~ / :'{)' "',, J P~y~#;,'u:t!der my hand and offiCIal seal thIS LL day oft) (JV fnA lo.f /f, 19 C11 :: ~ ';;;' ~A . v" -:;'~1, g i .;. '\:. Q T /' R y -;, ~ p,.. ~;I ( ./1 -')/1, 2 1 ) . <:0 ~ ,n ~ '1t = '::::t. Jfl (11YU _ I f _ _/I/YlJ2J\ . (,) ...... ~ Cr. ' '-' - ~ ~ ;.. iJ 0 \ {::" . . ::l!' :: .' Notarr Public in ,at,td f?r t~he S tenof -::. ~.. ~ ~.- () / (..:: _ J WashIngton, resIdIng m _~~ -:;.. "Y"/, .... ... <' ~ _0 . ~A" { My commission expires c2:-=-- '~2,(:.~ ~ . ..... ,'\ ...,'" .r#<' .. // 0 ~ ,'\.... // / ,. \Y A rJ" "" ..;',~~~II'.'" I,.".tn"" v'. 'rr~.h I ."...~ 111111111\\ 1111111I11 \II 111\ rTTY OF YELM AGR $22 66 3123277 Page 4 of 15 12/64/1997 62 1 Thurston COI WA conditions to Chec'r- For conditions 1'hat ShOu\.d E,ust vrainage II PfOb\efl\ 1'\f(I.ing S'l/stetnS Featufe 'II"" ,..... i. '''' ... ,% of "" ,.......... weeds growing in more than 20% of the Genera\ weeds \andsca~d area (trees and s1:lf\lbs onl)' ) area. M (nonpoisonous) ". ",- ,....."" '" ..... """ ,..... , , r other poisonoUS safety ~d p..ny presence of pOiSon wy 0 in landsCaped area. M vegetation or insect nests, See 'Ponds Chec\dist. See ponds Chec\dist, 1'ras'n or litter c- of ",,,,,,,,,,,, ............ -- M,S 't-loticeab\e n\\s are seen in \andsca\led areas, Erosion of Ground to sloW down/spread out the water, Eroded M,S surface areas are f\\\ed, contoured, and seeded, "",,,, '" ,'" or "''' '" ,\nU'" "'" "" "'" 'fom treesls1:lf\lbs to restore snape, Rep\ace 1'rees and s1:lf\lbs Damage or broken which affect more than 250/0 of the treesls1:lf\lbS with severe dafl\age, A total foliage of the tree or s1:lf\lb, 'frees or s1:lf\lbs that have been blown down or Rep\ant tree, inspecting for injUIY to stern or roots, Rep\ace if se'l/ere\Y damaged, M \U\oC'r-ed o'l/er. Place sta'r-es and rubber-coated ties around 'frees or s1:lf\lbs which are not adeq~te\)' young treesls1:lf\lbS for sU'Pl'O{t, A SU'P'Ported or are leaning over, cauSing e1l1'osure of the roots. l . i ~ iii iiii M '" MonthlY (see schedu\.e) S '" p.,fter major stofl1\S iiii .. <__..1\) '" '['T ",C1\l'\EN'T "IC' lCOl'l'fJrlllEll) . g. jd_..te...,e Cbec\<llSt {.r Gr......lLB.ase'WI.il ~ A'" p..nnua\ (March or Mn\ 1" .-lr::.~(j) ~ ---~ ~ - _& ~ :l~ __ 2~ ---' ~~ ~~ r;~-=:. ~~ - ~ ~----==- ~ ~~ :;- ----= ~~~ ~~ ~ 10 ----' ~~ ----- ............... ~~ $~ .-\_ -0(,,) _n:>~~ "Tf"~'{.A"(CO~~" ..dSW'\es)'~ __....e s~steU\s (fipes- vi C ' l'1.aintenance C\lec\dist \0\ ~- J 1 conditions 'that Should E~st problem conditions to Check V or " Rep\ace rocKs to design stand~d, i\ll\ing Drainage can see native soil beneath svstems Veature ROck \ining out of Maintenance person the rock lining. />. place or missing See Catch BasinS Chec'dist. ~if a99\\cab\e) See Catch BasinS Chec'dist. See above for Ditches, - "anes Catch bas\tlS See above for Ditches, b ~anted ai\er -rrash &. debris "egetatiOn may need to e rell t-A,S S\'Ia\es See above for DitcheS, cleaning, sediment builduP d d mulch b~e ~eas. t-A deed'! or ~eas ~e [>..erate sous and r~see an ~urn of 6 inches "egetation not Grass cover is sp~se an \'I , t-Aaintain grass height at a ent Remove \'Iood'! 'th \'Icod,! vegetation, t rtn\'later tteatl1\ ' overgroV'/ll \'1\ for best sOd reseed as necesSar; t-A gro\'ling or gro','ll:h. recontotXl', an overgfO\'It\ See pondS Chec\dist, Erosion daJ\\age to See pondS Chec\dist. ' \'lith homeoV'/ller and re<\uest t-A,S slopes be ti\\ed in or blocked bY shed, If tlOss\b\e, speak d contact City to S\'Ia\e has en that s\'la\e ~ea be restore,' ed \untarily convetSion by \'Ioodpi\e. shtUbbet'J. etc, repOrt 9rob\em if not rectin '10 t-A hOmeO\'It\er to a: be needed to check ~e~, If incompatible use d 'n s\'Ia\e or tlo\'l velocity is vet'J />. s~eY m Ii ' \ S/o f51\ge if 9OSS\b\e, S\'Ia\e does not \II ater stan s \ Grades need to be tn d dtains may need to ~ s\o\'l Stagnation occtXl'S, grade is lesS man \0;., un er ,.. drain be inStalled, \ S '" After major stortnS t-A '" t-Aonth\)' ~see schedule) . -< ~ " _..,{erred) ~ />. '" ~ua\ ~M~' p :;!;:;; -;;; (jJ !C '-= ....to. ~2'1>1\) b~ (jJ :::J ~--...JI\) 0""-'0"'-.1 ~ (Z) ..,"'-.1 ~rD_ ::D _ UI CO ATTACHMENT "A" (CONTINUED) 7 Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Timing Drainage V Problem Conditions to Check For Conditions That Should Exist Svstems Feature M,S Pipes Sediment & debris Accumulated sediment that exceeds 20% of the Pipe cleaned of all sediment and debris. diameter of the pipe, M Vegetation Vegetation that reduces free movement of All vegetation removed so water flows freely water through pipes, through pipes, A Damaged (rusted, Protective coating is damaged; rust is causing Pipe repaired or replaced, bent, or crushed) more than 50% deterioration to any part of pipe, M Any dent that significantly impedes flow (i,e" Pipe repaired or replaced, decreases the cross section area of pipe by more than 20%,) M Pipe has major cracks or tears allowing Pipe repaired or replaced, groundwater leakage. M,S Open ditches Trash & debris Dwnping of yard wastes such as grass Remove trash and debris and dispose as clippings and branches into basin, Unsightly prescribed by City Waste Management Section, accwnulation of non-degradable materials such as glass, plastic, metal, foam, and coated paper. M Sediment buildup Accwnulated sediment that exceeds 20% of the Ditch cleaned of all sediment and debris so that design depth. it matches design. ^ Vegetation Vegetation (e.g., weedy shrubs or saplings) Water flows freely through ditches. Grassy that reduces free movements of water through vegetation should be left alone. ditches, M Erosion damage to See Ponds Checklist. See Ponds Checklist. slopes KEY. A = Annual (March or April preferred) M = Monthly (see schedule) S = After m1\ior storms ~;:;;;?(,.) c '-on..... ~~'l>1\) b~ (,.) :3 a: 001\) ('")-..Jo'"" 9 (2) ""> '"" :cro- 3)~ UI ATTACHMENT "A" (CONTINUED) 6. Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Timing Drainage V' Problem Conditions to Check For Conditions That Should Exist Systems Feature M General Missing or broken Any defect in the fence or screen that permits Fence is mended or shrubs replaced to form a parts/dead easy entry to a facility solid barrier to entry shrubbery M,S Erosion Erosion has resulted in an opening under a Replace soil under fence so that no opening fence that allows entry by people or pets. exceeds 4 inches in height. M Unruly vegetation Shrubbery is growing out of control or is Shrubbery is trimmed and weeded to provide infested with weeds. appealing aesthetics. Do not use chemicals to control weeds, A Wire Fences Damaged parts Posts out of plumb more than 6 inches, Posts plumb to within I Y2 inches of piumb, A Top rails bent more than 6 inches, Top rail free of bends greater than I inch. A Any part offence (including posts, top rails, Fence is aligned and meets design standards. and fabric) more than I foot out of design alignment. A Missing or loose tension wire, Tension wire in place and holding fabric, A Missing or loose barbed wire that is sagging Barbed wire in place with less than 3/4 inch sag more than 2 Yz inches between posts, between posts, A Extension ann missing, broken, or bent out of Extension ann in place with no bends larger shape more than I Yz inches, than 3/4 inch. A Deteriorated paint Part or parts that have a rusting or scaling Structurally adequate posts or parts with a or protective condition that has affected structural adequacy uniform protective coating, coating M Openings in fabric Openings in fabric are such that an 8-inch No openings in fabric, diameter ball could fit throUlm, KEY. A = Annual (March or April preferred) M = Monthly (see schedule) S = After major storms ~ro ~CIJ c "'- 0.0 .... ~2tDl\) b~ CIJ ::J ~ c.ol\) ~-...Jo"" ~ <Zt ..., "" ~ro;:-;; ATTACHMENT "A" (CONTINUED) 5. Maintenance Checklist for Energy Dissipators Timing Drainage V Problem Conditions to Check For Conditions That Should Exist Systems Feature A Rock pad Missing or moved Only one layer ofrock exists above native soil Replace rocks to design standard, rock in area 5 square feet or larger, or any exposure of native soil. A Rock-filled Missing or moved Trench is not full of rock Add large rock (+30 Ib, each) so that rock is trench for rock visible above edge of trench, discharge from pond M Dispersion Pipe plugged with Accwnulated sediment that exceeds 20% of the Pipe cleaned/flushed, trench sediment design depth, M Perforations Over Y, of perforations in pipe are plugged Clean or replace perforated pipe, plugged with debris and sediment. M,S Not discharging V isuaJ evidence of water discharging at Trench must be redesigned or rebuilt to water property concentrated points along trench (normal standard, Elevation of lip of trench should be condition is a "sheet flow" of water along the same (flat) at all points. trench.) Intent is to prevent erosion damage, M,S Water tlows out Maintenance person observes water flowing Facility must be rebuilt or redesigned to top of out during any storm less than the design storm standards, Pipe is probably plugged or damaged "distributor" catch or it is causing or appears likely to cause and needs replacement. basin damage, M,S Receiving area Water in receiving area is causing or has Stabilize slope with grass or other vegetation, or over-saturated potential of causing landslide, rock if condition is severe, - KEY. A = Annual (March or April preferred) M = Monthly (see schedule) S = After major storms ~ - -o(j) ~~$~ ~ ~'D tv :;:::= (j) ::l' t;D _tv ~!:3 <Z'-...J \ ATfACIlMENT "A" (CONTINUED) 4. M.l.ten.... Cheeld1st l.r yo.ds - ~ iiming Drainage v' Problem Conditions to Check for conditions That Should Exist svstems Feature M insects When insects such as wasps and hornets Insects destroyed or removed from site. contact interfere with maintenance activities, or when Cooperative Extension Service for guidance. mosquitoes become a nuisance, A Tree growth Tree growth does not allow maintenance Trees do not binder maintenance activities, access or interferes with maintenance activity Selectively cultivate trees such as alders for (i.e., slope mowing, silt removal, or equipment firewood, movements,) lHrees are not interfering with access, leave trees alone, M Side slopes of Erosion on berms Check around inlets and outlets for signs of Find causes of erosion and eliminate them, pond or at entrance/exit erosion, Check berms for signs of sliding or Then slopeS should be stabilized by using settling. Action is needed where eroded appropriate erosion control measure(s); e.g., darnage over 2 inches deep and where there is rock reinforcement, planting of grass. potential for continued erosion, compaction, M Storage area Sediment buUdup Accumulated sediment that exceeds lO% of the Sediment cleaned out to designed pond shape in pond designed pond depth. Buried or partiallY and depth; pond reseeded if necesSary to control buried outlet strUcture probablY indicates erosion, significant sediment deposits, A pond dikes Settlements AnY part of dike which has settled 4 inches Dike should be built back to the design lower than the design elevation, elevation. A Emergency Rock missing Only one layer of rock exists above native soil Replace rocks to design standards. overflow! in area 5 square feet or larger, or any exposure spillway of native soil. , i One Emergency overflow missing Side of pond has no area with large rocks to Contact City for guidance. . . Time overflow! handle emergency overflows, - suillwav ! ~ A '" Annual (March or April preferred) M '" Monthly (see schedule) s '" After major stormS liming {)tainage tI Problem Conditions to Check for conditions That Should Exist Svstems Feature M.S General I f1\Sh & debris Dumping of yard wastes such as graSS Remove \fl\Sh and debris and dispose as buildup in pond clippingS and branches into basin. unsightly prescribed by Cit)' Waste Management section. accumulation of non.degradable I'naterials such as glass. plastic, metal. foaJ1\ and coated paper lvI.S lf1\Sh rack Bar screen over outlet more than 15% covered Replace screen, Remove trash and debris and plugged or by debris or missing, dispose as prescribed by Cit)' waste missing Management section, M poisonous Any poisonoUS vegetation which may Remove poisonoUS vegetation. 00 not spray vegetation constitute a hazard to the public. Examples of chemicals on vegetation without obtaining poisonouS vegetation include: tallSY ragwort. guidance from tbe Cooperative Extension poison oak. stinging nettles. devilsc\ub, Service and approval from the Cit)' M.S fire bazard or Presence of cbelnicals such as natural gas, 0\1, find sources of pollution and eliminate them, pollution and gasoline, obnoXioUS color. odor. or sludge Water is free from noticeable color odor. or noted, contamination, M "egetatlon not for grass)' ponds. grOSS cover is sparse and For grasS)' ponds' selectivelY thatch. aerate. and growing or is weedy or is overgrown. For wetland ponds. reseed. Gf1\SS cutting unnecessarY unleSS overgrown plants are sparse or invasive species are dictated by aestnetics, for wetland ponds . present wetland ponds must be kept wet .- bandplant nursery-grown wetland plants in bare water frequently in summer areas, Contact the Cooperative Extension Service for direction on invasive species such as purple loosetrife and reed canal)' grass, pond bOnoms sbould have uniform dense coverage of desired plant species, M Rodent holes Any evidence of rodent boles if facility is Rodents destroyed and dam or befl1\ repaired, acting as a daJ1\ or berm. or an)' evidence of contact the Thurston Count)' Health Department water piping through dam or bernl via rodent for guidance, I holes, A Tf ACIlM.EN'f .. A" (CON'fINUED) 4. M.aintenance Cbec\dist {or pondS ~ A '" Annual (March or April preferred) M '" Monthly (see schedule) s '" After major stortns -l"- -o(j:) ~~$~ ~~rorv :;:::: (j:) ~ ffi ~t.:3 ~..... ~CJJ ~~.2::~ ~~'DI\) c;::::: CJJ ::3 CD .....1\) n ~ n:>~ ~<Z>o~ n>"" ATTACHMENT "A" (CONTINUED) 3. Maintenance Checklist for Catch Basins and Inlets - continued.. Timing Drainage II Problem Conditions to Check For Conditions That Should Exist Systems Feature A Settlement- Basin has settled more than I inch or has Basin replaced or repaired to design standards. misalignment rotated more than 2 inches out of alignment Contact a professional engineer for evaluation. M,S Fire hazard or Presence of chemicals such as natural gas, oil, No color, odor, or sludge, Basin is dug out and other pollution and gasoline, Obnoxious color, odor, or clean, sludge noted, M,S Outlet pipe is Vegetation or roots growing in inlet/outlet pipe No vegetation or root growth present clogged with joints that is more than six inches tall and less vegetation than six inches aoart. KEY, A == Annual (March or April preferred) M == Monthly (see schedule) S = After major storolS -4 _ -oCJ) ~~$~ ~~rot'o) _...... CJ) Q 'W ~t'o) ATTACHMENT "A" (CONTINUED) 3. Maintenance Checklist {or Catch Basins and Inlets Timing Drainage t/ Problem Conditions to Check For Conditions That Should Exist svstenls Feature M.S General Trash, debris, and Trash or debris in front of the catch basin No trash or debris located immediately in front sediment in or on opening is blocking capacity by more than of catch basin opening. Grate is kept clean and basin 10%, alloWS watet to enter M Sediment or debris (in the basin) that exceeds No sediment or debris in the catch basin. Catch 113 the depth from the bottom of basin to basin is dug out and clean, invert of the lowest pipe into or out of the basin, M,S Trash or debris in any inlet or pipe blocking Inlet and outlet pipes free of trash or debris. more than 113 of its height. M StrUctural damage Comer of frame extends more than 3/4 inch Frame is e'Ven with curb, to frame and/or past curb face into the street (if applicable,) top slab M Top slab has holes larger than 2 square inches Top slab is free of holes and cracks. or cracks wider than 114 inch (intent is to make sure all material is fUI1!ling into the basin,) M Frame not sitting !lush on top slab. i,e,. Frame is sitting flush on top slab, separation of more than 3/4 inch of the frame from the top slab, ^ Cracks in basin Cracks wider than '/1 inch and longer than 3 Basin replaced or repaired to design standards. walls/bOttom feet, any evidence ofsoil particles entering Contact a professional engineer for evaluation. catch basin through cracks, or maintenance person judges that strUcture is unsound, ^ Cracks wider than V1 inch and longer than 1 No cracks more than 1/4 inch wide at the joint foot at the joint of any inlet/outlet pipe or any of inlet/outlet pipe, evidence of soil particles entering catch basin through cracks. ~ ^ = Annual (March or Apnl preferred) M = Monthly (see schedule) S = After major stormS ATTACHMENT "A" (CONTINUED) 2. Maintenance Checklist for Control Structure/Flow Restrictor (structure that controls rate at which water exits facility) Timing Drainage V Problem Conditions to Check For Conditions That Should Exist Systems Feature M Structure Trash & debris Distance between debris buildup and bottom of All trash and debris removed. (includes orifice plate is less than I Y, feet. sediment) A Structura1 damage Structure is not securely attached to manhole Structure securely attached to wall and outlet wall and outlet pipe structure should support at pipe, least 1,000 pounds of up or down pressure, A Structure is not in upright position (allow up to Structure in correct position. 10% from plwnb,) A Connections to outlet pipe are not watertight Connections to outlet pipe are watertight, and show signs of rust. structure repaired or replaced and works as designed, M Any holes--other than designed holes--in the Structure has no holes other than designed structure. holes, M,S Clean out gate Damaged or Cleanout gate is not watertight or is missing, Gate is watertight and works as designed, missing A Gate cannot be moved up and down by one Gate moves up and down easily and is maintenance person, watertight. M,S Chain leading to gate is missing or damaged, Chain is in place and works as designed. A Gate is rusted over 50% of its surface area, Gate is repaired or replaced to meet design standards, M,S Obstructions Any trash, debris, sediment, or vegetation Plate is free of all obstructions and works as blocking the plate, designed, M,S Overflow pipe Obstructions Any trash or debris blocking (or having the Pipe is free of all obstructions and works as potential of blocking) the overflow pipe, designed, KEY. A = Annual (March or April preferred) M = Monthly (see schedule) S = After major storms , - -t -< :i' ro ~ CIJ C -.....\Q~ ~~<DN S-::::: CIJ :::lw.....N ("')~~""'" 9(Z)0""", 1'0-' ~ -i _ -UCl) ~ ~$.... ~~<tIf\) _" CI) ATTACllMENT "A": MAINTENANCE PROGRAM. 1. Mal.t....re Cherklist for Clo,ed Dete.tio. s~te'" (Pipe'rr....) -riming Drainage tI Problem Conditions to Check For Conditions That Should Exist Systems Feature M Storage area Plugged air vents One-half of the end area of a vent is blocked at Vents free of debris and sediment (pipe tank) (small pipe that any point with debris and sediment Plugged connects catch vent can cause storage area to collapse, basin to storage pipe) M Debris and Accumulated sediment depth exceeds 15% of All sediment and debris removed from storage sediment diameter EXi\If1ple: 72-inch storage tank area. Contact City Public Works for guidance would require cleaning when sediment reaches on sediment removal and disposal, depth of 10 inches, A Joints between AnY crack allowing material to leak into All joints between tanklpipe sections are sealed. tanklpipe section facility A -rank/pipe bent out AnY part of tanklpipe is noticeably bent out of Tank/pipe repaired or replaced to design, of shape. shape, Contact Ii professional engineer for evaluation. M,S Manhole cover not in place cover is missing or only partially in place, Manhole is closed. AnY open manhole requires maintenance, A Locking Mechanism cannot be opened by one Mechanism opens with proper tools. mechallism not maintenance person with proper tools, Bolts working into frame have less than V: inch of thread (may not apply to selflocking lids.) A Cover difficult to One maintenance person cannot remove lid Cover can be removed and reinstalled by one remove after applying 80 pounds oflift, Intent is to maintenance person. keep cover from sealing off access to maintenance. A Ladder rungs Maintenance person judges that ladder is Ladder meets design standards and allows unsafe unsafe due to missing rungs, misalignment, maintenance persons safe accesS. rust or cracks, ~ A ". Annual (March or April preferred) M'" Monthly (see schedule) S ". After major stonns Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): 1 DeclaratIOn of Covenants 2 Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1 Huddleston, John D 2 Huddlesotn, Chnsta I. 3 Kalish, Bruce 4 Grantee(s) (Last name, first name, middle initial) 1 'P~Jj)I/0 2 3 D AddItIonal names on page _ of document Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) SectIOn 30 TownshIp 17N, Range 2E D AddItIonal legal IS on page .-l of document Assessor's Property Tax Parcel/Account Number 22730220700 1111111111111111111111 rnv rIF' VF'l M DEC $18 aa 3123276 Page 1 of 11 12!a4!1997 a2 1 Thurston Co, Wf DECLAR.A..TION OF COV~N.ANTS, CONDITIONS.AND R.ESTR.ICTIONS OF l.VIILL P.A.R.:K: PLA...CE The undersigned, The Neighborhood Development Group, a Washington limited liability company whose only members are John D Huddleston and Christa I. Huddleston, husband and wife, and Bruce Kalish, hereinafter Declarant, being owners of all of the following described real property in Thurston County, Washington: Lots 1 through 12, inclusive, and Tract A & B of Mill Park Place, according to the plat recorded in the office of the Thurston County Auditor in Volume~of Plats, page ~~ , under auditor's file # 3\'d. 3d. ~~ In order to provide for the sound development, the aesthetic quality and the healthful conditions of the aforesaid real property and so as to provide for control of the structures, buildings and improvements to be constructed on the property, do hereby covenant for their successors, heirs and assigns, and agree to keep all of the covenants, conditions and restrictions hereinafter set forth and which are hereby made applicable to the aforedescribed real property, and which shall be binding upon the owners thereof to the extent provided in such covenants, and all the property shall be owned, held, used, occupied and developed in conformance with the covenants, conditions and restrictions set forth herein. JllIllllIIIIIIIIJI U II 3123276 Page 2 of 11 12!S4!1997 S2 18i Thurston COI WA ~TICLE I COVEN'ANTS RESPECTIN'G 'USE A. land Use and Building Types. All of the lots in Mill Park Place shall be used for residential purposes only. No more than one single family dwelling shall be constructed on each lot, whether built as a stand alone single family or as half of a zero lot line town home. B Architectural Control. No building or other permanent structure shall be erected or altered on any lot until the construction plans, specifications and the plans showing the location and placement of the building or structure have been approved by the Architectural Committee as to the quality of workmanship and materials, harmony of external design with existing structures and as to location with respect to topography and grade elevation. As a guideline, owner's or purchaser's plans will be reviewed generally as to the following, which shall not be all inclusive: 1. The minimum square footage of living area for single family homes or town homes will be 1200 square feet. 2. Town homes shall have at least a one-car garage, which shall be a minimum of fourteen(14) feet in width and twenty-four(24) feet in length. 3. Town homes shall have roofs covered with a minimum of fiberglass twenty-five(25) year rated sculptured shingles or better or concrete tile. 4. The exteriors shall provide for the following: a. All fronts of the town homes shall be covered with lap siding. The front and gable ends of the town homes may be covered with lap siding, decorative shingles or masonry. b. All siding products must be painted with solid body acrylic latex based paint. No semi transparent or wood stain shall be used. c Exterior paint colors must be approved by the Architectural Committee Failure to obtain such approval could result in the repainting of the structures(s) involved. 2 11111111111111111111 II rTTV OF VELM DEC $18 SS 3123276 Page 3 of 11 12/S4/1997 S2 1 Thurston COI WP 5. No accessory buildings shall be permitted on any lot except 1 and 12. The exterior paint, siding and roof material must be finished in the same manner and color as the residence home. All such buildings are subject to prior approval by the Architectural Committee. 6 Front yard landscaping must be completed prior to occupancy or at the time the construction has been completed by the builder and the house is available for sale. Landscaping in the side and back yards must be completed within 60 days from date of completion and/or occupancy as above noted. Exceptions to this policy may be made during the period of November 15 to March 15, depending on weather conditions. 7. All driveways are to be paved with concrete. Where the restrictions and covenants herein set forth cannot be complied with because of land or limitations or topographical conditions, the proper and orderly development of such lots shall conform to the conditions and terms of these covenants as far as possible. The Architectural Committee is empowered to allow such variations as in its judgement shall permit the reasonable utilization of such lots consistent with the general plan and scheme of development herein. The Architectural Committee can not be held liable by other members of the association because such variations that the committee has deemed appropriate. C. Site Plan Review. The approval of the Architectural Committee shall be required prior to the removal of any trees or substantial vegetation on the site. D. Building Location. Buildings and other structures located on each lot shall conform to and comply with the City of Yelm requirements for location in each case: provided that no building or structure shall be located closer than twenty-five (25) feet to the front yard line, closer than twenty (20) feet to the rear yard line or closer than five (5) feet to either side yard line. E. Completion of Structures. All buildings commenced on any lot shall be completed, including painting and landscaping, not later than six(6) months after construction is commenced. 3 1111111111111111111111 CITY OF YELM DEC $18 aa 3123276 Page 4 of 11 12/a4/1997 a2 181 Thurston Co, WA F Power and Easement. An easement is hereby reserved for and granted to Puget Sound Energy>> City of Yelm Water and Sanitary Sewer Department>> Yelm Telephone Company and TCI Cablevision and their respective successors and assigns>> under and upon that portion or portions of each lot as specified in the "as built>>>> design drawings Declarant submits to the City of Yelm at the completion of the construction of the development, in which to install, lay, construct, renew>> operate and maintain pipes, conduits>> cables and wires with necessary facilities and other equipment for the purpose of serving the subdivision and the lots therein and other property adjacent thereto with water, sewer, electric, telephone>> television and gas service, together with the right to enter upon the lots at all times for the purposes stated. G. Utility Services. All permanent utility services and connections thereto within the subdivision shall be provided by underground services exclusively. No satellite dishes, ham radio antennas, television antennas, other antennas or receiving devices of any type shall be permitted on the exterior or any buildings on any lot within the subdivision with the exception of satellite dishes that are 24>>>> in diameter or smaller. H Noxious and Offensive Activities. No noxious or undesirable thing or undesirable use or activity in the subdivision whatsoever shall be permitted or maintained upon the building sites in Mill Park Place. No type of business or commercial activity shall be conducted on any lot or within any dwelling or structure that is visible to the public view. No forms of advertising shall be allowed that are visible to the public view, the term public to include all members of the public, passersby and all residents of all the lots within Mill Park Place, and the term view to include any view from any location outside of the lot in question. The Architectural Committee shall determine what trade, business or use is undesirable or noxious and whether any business or use shall be permitted and such determination by the Architectural Committee shall be final. No lot owner may keep more than one canine animal outdoors at any time and such animal must be enclosed in a solid fenced back yard. No canine or feline animal may be allowed to run loose at any time and owners allowing such activity will be fined by the association $50.00 for each occurrence I Vehicle Maintenance. No vehicle maintenance except emergency service shall be conducted within public view. J . Temporary Structures. No mobile homes shall be permitted on any lot in the subdivision. No structures of a temporary character, including but 4 1111111111111I11111111 CITY OF YELM DEe $18 SS 3123276 Page 5 of 11 12/94/1997 S2 18f Thurston COI ~A not limited to trailers, basement houses, tents, garages, barns, motor homes, sheds or outbuildings, shall be used on any lot at any time as a residence, either temporarily or permanently. When referring to trailers, the term trailer shall include all forms of trailers or mobile homes of any size, whether capable of supplying their own motive power or not, without regard to whether the primary purpose of such trailer is or is not the conveyance of persons or objects, and specifically including automobiles, buses, trucks, cars, vans, trailers, mobile homes and motor homes, even though they may at any time be immobilized in any way and the restriction shall apply to any period of any time of whatever duration. Living shall be restricted to a house or dwelling constructed on the property in conformance with these covenants. K. Boats. Campers and Travel Trailers. Boats, campers and travel trailers may be stored on a lot in conjunction with a permanent residence, but only if such items are screened from public view and the view of all neighbors from all points on the lot line of the lot in question and from all other lots and all streets within the subdivision. All such storage and the screening shall be approved by the Architectural Committee whose decision shall be final. Any trailers or motor homes parked in conjunction with any lot or parked on the street by any person shall be parked temporarily within the subdivision no longer than 24 hours, unless properly screened in accordance with this paragraph. L. Garbage and Refuse Disposal. No garbage, refuse, rubbish or cuttings shall be deposited on or left on the lot premises unless placed in an attractive container suitably located and screened from public view. All garbage cans, refuse containers and trash receptacles shall be kept out of sight except on the days prescribed for pick up. No building material of any kind shall be placed or stored upon any property in the subdivision until the owner is ready to commence construction and then such materials shall be placed within the property lines of the building site upon which structures are to be erected or are being erected and shall not be placed in the street. No outdoor incinerators shall be permitted. No trash or garbage shall be burned at anytime. Untreated lumber scraps may be burned during construction but, must not be left unattended. M. Livestock. No animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except dogs, cats and other household pets may be kept provided the are not kept, bred or maintained for any commercial purpose. Household pets shall not become pests or create a nuisance to the neighborhood by either running loose or unwarranted barking or yowling. Outdoor household pets shall be restrained by a solid fence to 5 11~\\ltll~ t "II It lIII" \\\IU" III JJ 3123276 Page 6 of 11 12/64/1997 62 1t Thurston Co, \.lA owner's premises or on a leash when off owner's premises when still in the subdivision. Owners of pets shall be mindful of maintaining a healthy environment in the subdivision and keep their property and that of their neighbors and community areas clean of pet feces. N. Fences and Walls. No fence or wall shall be constructed on any lot unless approved by the Architectural Committee. There will be no front yard fences permitted above 36" in height. Walls such as retaining walls made of brick, rock or other natural materials up to three (3) feet in height may be permitted as part of a landscaping plan or development. All side and back yard fences shall be of white vinyl, cedar, redwood or brick materials. No steel or chain link fences are permitted. No fence or wall shall be erected, placed or altered on any lot closer to any street than the minimum setback for fences as required by the City of Yelm. An easement is hereby reserved for and granted to Declarant and to Declarant's agents and employees and to Mill Park Place Community Association and its successors, agents and employees over and on the exterior ten (10) feet of the lots on the exterior of the development for the construction, erection and maintenance of the fence, wall or posts to be constructed by Declarant on the exterior of the development, should Declarant so elect. This easement includes the right to enter on the lots at reasonable times for such construction and maintenance of said fence. O. Discharge of Weapons. The discharge of weapons within the subdivision shall be prohibited. Weapons shall include, but are not limited to, firearms, BB guns and pistols, air rifles and pistols, pellet guns, sling shots and bows and arrows. P. Driveway and Parking. Each lot shall have a driveway and parking area so as to accommodate a minimum of four cars in front of the garage. Driveways shall be of concrete or brick to the city street. No roads for ingress or egress except for driveways to the city street shall be permitted. Parking or storage of the below listed vehicles are prohibited on a residential lot or street: 1. Trucks over 1 ton capacity 2. Trailers used in course of business. 3. Wrecked or unused vehicles. 4. Industrial vehicles and equipment. Q. Drilling and Mining. No drilling or mining in any form whatsoever shall be permitted on any lot. This shall include, but not be limited to, drilling, development operations, refining, quarrying or mining and the 6 1111111111111111111111 rrry (If:" YF1M DEe $18 SS 3123276 Page 7 of 11 12/S4/1SS7 S2 181 Thurston COI ~A construction of any form of derrick or structure designed for boring or mining purposes. .A..R.TICLE II .A..R.C~ITECTU.BAI... COl.VIl.VIITTEE ANI> COl.VI'lVIU'NITY ASSOCIATION A Membership. The Architectural Committee initially shall be composed of John D. Huddleston, PO Box 1206, Yelm, Washington 98597, and Bruce Kalish, 17325 Topaz Loop SE, Yelm, Washington 98597. Any of the members of said committee may designate a representative to act for the particular member with approval of the other members In the event of death or resignation of any member of the Committee, the remaining members shall have full authority to designate a successor. Neither the members of the Committee nor it's designated representative shall be entitled to any compensation for services performed pursuant to this covenant. A vacancy in the Committee shall not invalidate any of it's actions or prevent the remaining member or members from acting on any of the subjects within it's purview. The initial Committee shall act until 5 years from the date of the declaration of these covenants or until the sale of 100% of the lots in Mill Park Place, whichever is later, unless the initial members of the Committee declare their control of the Committee to have ended. After the sale of 100% of the lots in Mill Park Place or after the expiration of 5 years from the date of declaration of these covenants, whichever is later, the then record owners of a majority of the lots shall have the power, through a duly recorded instrument, to change the membership of the Committee, acting either as lot owners or through the Community Association referred to in Article II C, duly formed in conjunction with the development. B. Procedure. The Committee's approval or disapproval as required in these covenants shall be in writing and shall only be effective if in writing. In exercising the discretionary powers granted to the Committee, the Committee shall at all times exercise it's power in a reasonable manner and the Committee is hereby empowered to adopt such reasonable rules or regulations as it may find to be necessary with respect to the enforcement of these covenants. In the event the Committee or it's designated representative fails to approve or disapprove any plans or specifications submitted to it within 30 days after the submission thereof or in any event, if no suit to enjoin the construction has been commenced prior to the completion of such construction, approval will not be required and compliance with the related covenants shall be deemed to exist so 7 1111111111111111111111 rTTV OF" vnM DEC $18 66 3123276 Page 8 of 11 12/64/1997 62 181 Thurston COI ~A long as construction is completed in accordance with the plans or materials submitted to the Architectural Committee in connection with the construction or proposal for construction. C. Mill Park Place Community Association. All owners of lots in Mill Park Place are and will be members automatically of the Mill Park Place Community Association to be formed in conjunction with the development, so that the owners of lots in Mill Park Place shall be members of the Association. Each lot shall be entitled to one vote. Each lot shall be subject to the charges and assessments provided for and established by the Mill Park Place Community Association, a Non-Profit Washington Association, in accordance with its articles and bylaws, provided no unsold lots belonging to the Declarant, undersigned herein, shall be subject to any such charge or assessment unless the Declarant lives on the lot, in which case that lot shall be subject to the assessment. D. Responsibilities of the Association. The Association shall be responsible for maintaining the common areas shown as Tract A and the storm water collection and treatment facilities located on Tract 8 and the structure and exterior of the fence, wall, posts and plantings on the exterior edge of the development of the subdivision. Individual lot owners shall maintain the interior of such fence as to keeping it clean of dirt and mildew. Maintenance, cleaning and repair of Tract 8 and all improvements thereon shall be the sole responsibility of the Association. The Association shall employ licensed professionals as needed for the repair, replacement or reconstruction. 8 1111111" 1111I " 1111 " ('TTY nF" YflM DEC $18 SS 3123276 PCtge 9 of 11 12/S4/1997 S2 is Thurston Co, ~A A.RTICLE III l.VIO:DIFIC.A..TION OF COVEN.A.NTS These covenants may be modified by an instrument in writing signed by the owners of 75% or more of the lots included in Mill Park Place, which instrument shall be recorded to be effective. A.RTICLE I"V' TER.l.VI.A.N':D CONSTR.U'CTION These covenants, conditions and restrictions shall run with the land and shall be binding upon all parties and persons owning lots or an interest therein as stated above and all persons and parties claiming under these covenants, conditions and restrictions for a period of 20 years from the date these covenants are recorded, after which these covenants shall be extended automatically for successive periods of 10 years each in perpetuity unless an instrument signed by the owners of 75% or more to the lots in Mill Park Place has been recorded altering such covenants in whole or in part. A.RTICLE'V ENFOR.CEl.VIENT Enforcement of these covenants, conditions and restrictions may be by proceeding at law or in equity against any person or persons violating or attempting to violate such covenants, conditions and restrictions and such actions may be to restrain the violations or to recover damages for each violation A.RTICLE "VI SEVER..A.BILITY Invalidation of anyone or more of these covenants by judgement or court order shall in no way affect or alter any of the provisions which shall remain in full force and effect. 9 1111111111111I11111111 rTTV or vrlM DEC $18 aa 3123276 Page 1a of 11 12/a4/1997 a2 1~ Thurston COI \.lA IN WITNESS WHEREOF, we have hereunto set our hands this ~ day of ~~~1997. THE NEIGHBORHOOD DEVELOPMENT GROUP, a Washington limited liability company ~'V\~ n D. Huddleston, Member '~ ( By: /~ W Bruce Kalish, Member STATEOFWASHINGTON ) ) ss. COUNTY OF THURSTON ) On this -.t1- day of '1l[)lJ8Y',L~ ( , 1997, before me personally appeared John D. Huddleston, Christa I. Huddleston and Bruce Kalish, of The Neighborhood Development Group, a Washington limited liability company that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned and on oath stated that they are the only four partners of said partnership, and that they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my OffiGi~l:i;Seal the day and year first above written. ",U"";'i,~ "." \ M . ,\...' ",' ! i/ .- ,$ 0 ~. .... ... (1; ~ ,~,.. l"""'~) .qc. (\ .,. ~$ _~~ ....'( - "'. .e:~';'. ",.\ti" ",I;:, ~{;t7:~ l;":~:~~~.\ ~"..~~" '~r4:':'-1-~"1":;"' : ~ j:; ,c ~ : ......::- .- ,'iN:;' l.j' .. lJ B t.' : .: :: I '!1"iiU'- ~-' . r:9 (). ~'" I,_~"J"",... '7/'-.... ......P.9~{j .." ~J...... ~. .1:,/..-;. .(:... '.....,. . "I'" ".... J'j/ () \' \/t:'!p", F' W f.>. S \ ""' ".,' ''''j t\'\\ JIIUtUU"'"' '-1' tf/51'ru'11) 1);/J'Ui No ry Public in and for the State of Washington, residing in !t;hYv My mmlsslon expiresX' ;lCJ[n . !1.... ~ 10 1111111111111111111111 rTTY nr YELM DEe $18 SS 3123276 Page 11 of 12/S4/1997 S2 Thurston Co, ~ rP.-~r" @ rn O~~ l.~'. I ~) .- l, I! t.. .', DEe I 51991 WI I 'I \ Ll L \-1 L--...._..__. -''-'---~'',,-- Return Address City Of Y elm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): 1 Homeowners Agreement 2 Reference Number(s) of Documents assigned or released: (on page of documents( s)) Grantor(s) (Last name, first name, middle initial) 1 Huddleston, John D 2 Huddlesotn, ChrIsta I. 3 Kahsh, Bruce 4 Grantee(s) (Last name, first name, middle initial) 1 2 3 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 o AdditIonal legal IS on page ~ of document Assessor's Property Tax Parcel/Account Number 22730220700 1111111I1111111I111111 rrTY OF YELM MISC $18 GG 3123275 Page 1 of 11 12/G4/1997 G2 181 Thurston COI WA BYLA.~S OF l.YIILL PARK: PLA..CtE COl.YI1VIUNITY ASSOCIATION <.A. "W"ASH:INGTON NON-PROFIT ClORPOR.A..TION) I. REGISTERED OFFICE AND AGENT The registered office of the corporation shall be located in the State of Washington at such place as may be fixed from time to time by the Board of Directors upon filing of such notices as may be required by law and the registered agent shall have a business office identical with such registered office. Any change in the registered agent or registered office shall be effective upon filing such change with the office of the Secretary of State for the State of Washington. II.1VIE1VIBERSH:IP A. General. Except as provided in Section B hereof, membership in this corporation shall be limited to those persons, natural or artificial, owning or having a possessory interest in any lot within the following described property, situated in Thurston County, Washington, to-wit: Lots 1 through 12, inclusive, and Tract A & B of Mill Park Place according to the plat recorded in the office of the Thurston County Auditor in VOIU~~ of Plats, page ~ under auditor's file no. 3\ d. 3~ The privileges and facilities of the corporation shall be extended to the spouse and the children of the member under such rules and regulations as the Board of Directors may prescribe. 1 1111111111111111111111 rTTY nr YELM MISe $18 ~~ 3123275 Page 2 of 11 12/~4/1997 ~2 18f Thurston Co, I-lA B. Transfer of Membership. Membership privileges shall run with the land. Membership of any person shall automatically transfer to any other person who acquires the ownership of or possessory interest in any lot described in Section A hereof. Whenever the Secretary-Treasurer receives satisfactory evidence of the transfer of ownership of or possessory interest in any such lot, the Secretary-Treasurer shall register on the books of the corporation a transfer of membership to the person acquiring such ownership or possessory interest. Such transfer of membership shall carry with it all rights, privileges and duties of the transferor and shall carry with it the duty to abide by all the rules and regulations as set forth by the Board of Directors of the corporation. C. Voting Eligibility. Lot owners or purchasers shall have one membership vote per lot and the purchaser under a real estate contract, mortgage or deed of trust shall be deemed to be an owner for membership purposes. The vote for any membership owned by a single marital community may be cast by either spouse without the presentation of authority from the other. D. Applicability and Enforcement. All lots and Tracts of Mill Park Place are subject to Protective Covenants of record including but, not limited to, the lien and injunctive enforcement procedures contained therein. III. DUES A.ND A.SSESS1\IIENTS A. Applicability. Each lot owner or purchaser, by acceptance of a deed or real estate contract therefor, whether or not it shall be so expressed in any such deed or other conveyance, is deemed to covenant and agree to pay to the corporation such amounts as dues and/or assessments as shall be fixed and established by the majority vote of the Board of Directors, in accordance with the Declaration of Covenants, Conditions and Restrictions of Mill Park Place and its articles and by-laws. B. Purpose of Assessments. The assessments levied by the Association shall be used exclusively for the cleaning, maintenance, repair and improvement of Tract A and B or the improvements thereon. C. Maximum Annual Assessment. Until January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment shall be $250.00 per lot. 1. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual 2 J~ JIJ J III II II IIUIIL ~ 3123275 Page 3 of 11 12/a4/1997 a2 18f Thurston Co, fiA assessment may be increased each year not more than 10% above the maximum assessment for the previous year without a vote of the membership. 2. From and after January 1 of the year immediately following the conveyance of the first lot to an owner, the maximum annual assessment may be increased above 10% by a vote of the majority of the voting membership of combined classes of members who are voting in person or by proxy, at a meeting duly called for this purpose. 3. The Board may fix the annual assessment at an amount not in excess of the maximum. D. Special Assessment for Capital Improvements and Emergency or Extraordinary Repairs. In addition to the annual assessments authorized above, the Association may levy, in any assessment year, a special assessment applicable to that year only for the purpose of defraying, in whole or in part, the cost of any construction, reconstruction, repair or replacement of a capital improvement upon the common areas and the drainage ponds, provided that any such assessment shall have the assent of the majority of the votes of combined classes of members who are voting in person or by proxy at a meeting duly called for this purpose E. Uniform Rate of Assessment. Both annual and special assessments must be fixed at a uniform rate for all lots and may be collected on a monthly basis. F. Date of Commencement of Annual Assessment: Due Dates. The annual assessments provided for herein shall commence as to each lot on the first day of the month following the conveyance of said lot by Declarant. The first annual assessment shall be adjusted according to the number of months remaining in the calendar year. The Board shall fix the amount of the annual assessment against each lot at least 30 days in advance of each annual assessment period. Written notice of the annual assessment shall be sent to every owner subject thereto. The due dates shall be established by the Board. The Association shall, upon demand, and for a reasonable charge, furnish a certificate signed by an officer of the Association as to the status of assessments on a lot is binding upon the Association as of the date of its issuance. G. Effect of Nonpayment of Assessments: Remedies of the Association. Any assessment not paid within 30 days after the due date shall bear interest from the due date at the rate of 12% per annum. The Association may bring an action at law against the owner personally obligated to pay 3 111111111111111I111111 rnv nr vnM MISC $18 66 3123275 Page 4 of 11 12/64/1997 62 18f Thurston Co, WA same, or foreclose the lien against the property. No owner may waive or otherwise escape liability for the assessments provided for herein by non- use of the common areas or abandonment of his/her lot. H Subordination of the Lien to Mortgages. The lien of the assessments provided for herein shall be subordinated to the lien of any first mortgage. Sale or transfer of any lot shall not affect the assessment lien. However, the sale or transfer of any lot pursuant to mortgage foreclosure or any proceeding in lieu thereof, shall extinguish the lien of such assessments as to payments which became due prior to such sale or transfer. No sale or transfer shall relieve such lot from liability for any assessments thereafter becoming due or from the lien thereof. IV. l.VIEl.VIBERS'l.VIEETINGS A. Annual Meetings. The annual meeting of the members of this corporation, for the purposes of electing directors of the corporation and for such other business as may come before it, shall be held on the third Monday of February of each year. All meetings shall be held at such location as is provided in the notice for each meeting. B. Special Meetings. Special meetings of the members of this corporation may be called at any time by the President, by the Board of Directors or upon written request of the members of the members who are entitled to vote one-fourth(1/4) of all of the votes of the membership C. Notice of Meetings. Written notice of each meeting of the members shall be given by, or at the direction of, the Secretary or person authorized to call the meeting by mailing a copy of such notice, postage prepaid, at least 15 days before such meeting to each member entitled to vote thereat, addressed to the member's address last appearing on the books of the corporation for the purpose of notice. Such notice shall specify the place, day and hour of the meeting and in the case of a special meeting, the purpose of the meeting. D. Waiver of Notice. Notice of the time, place and purpose of any meeting may be waived in writing (either before or after such meeting) and will be waived by any member by his attendance thereat in person or by proxy, unless the member at the beginning of the meeting objects to holding the meeting or transacting business at the meeting. Any member so waiving shall be bound by the proceedings of any such meeting in all respects as if due notice thereof had been given. 4 111111111111111I111111 rnv OF" vn M MISC $18 SS 3123275 Page 5 of 11 12/S4/1997 S2 1 Thurston COI Wf E. Quorum and Adiourned Meetings. The presence at the meeting of members entitled to cast, or of proxies entitled to cast, one-third(1/3) of the votes of the membership shall constitute a quorum for any action except as otherwise provided in the Articles of Incorporation, the Declaration or the Bylaws. If, however, such quorum shall not be present or represented at any meeting, the members entitled to vote thereat shall have power to adjourn the meeting from time to time without notice other than announcement at the meeting, until a quorum as aforesaid shall be present or be represented. F Proxies. At all meetings of members, a member may vote by proxy executed in writing by the member or by his duly authorized attorney-in- fact. Such proxy shall be filed with the Secretary-Treasurer of the corporation before or at the time of the meeting. No proxy shall be valid after eleven(11) months from the date of its execution, unless otherwise provided in the proxy. Every proxy shall be revocable and shall automatically cease upon conveyance by the member of his lot. G. Voting. Each member shall be entitled to one vote per lot owned on each matter submitted to a vote of members. v. DIRECTORS A General Powers. All corporate powers shall be exercised by or under the authority of, and the business affairs of, the corporation shall be managed under the direction of the Board of Directors, except as otherwise provided by the laws under which this corporation is formed or in the Articles of Incorporation. B. Number. Tenure and Qualifications. The initial number of directors is three and shall continue as the number until such time as 100% of lots are sold by developer, The Neighborhood Development Group, a Washington general partnership. At that time, the Board of Directors shall consist of five directors, two of whom shall have one-year terms and three of whom shall have two-year terms. Each director shall hold office for the term for which the director is elected. C. Election. The directors shall be elected by a majority vote of the members at their annual meeting each year or at any special meeting called for that purpose. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. 5 1111111111111111111111 rrry OF" YELM MISC $18 GG 3123275 Page 6 of 11 12/G4/1997 G2 it Thurston Co, I-lA D. Duties of Directors. A director of the corporation shall perform the duties of a director, including the duties as a member of any committee of the Board of Directors upon which the director may serve, in good faith, in a manner such director believes to be in the best interests of the corporation and with such care including reasonable inquiry, as an ordinary prudent person in a like position would use under similar circumstances. In performing the duties of a director, a director shall be entitled to rely on information, opinions, reports or statements, including financial statements and other financial data, in each case prepared or presented by: 1. One or more officers or employees of the corporation whom the director reasonably believes to be reliable and competent in the matter presented. 2. Counsel, public accountants or other persons as to matters which the director reasonably believes to be within such person's professional or expert competence. 3. A committee of the Board of Directors upon which the director does not serve, duly designated in accordance with a provision in the Articles of Incorporation or these Bylaws, as to matters within its designated authority, which committee the director believes to merit confidence; so long as, in any such case the director acts in good faith, after reasonable inquiry when the need therefor is indicated by the circumstances and without knowledge that would cause such reliance to be unwarranted. E. Vacancies. In case of any vacancy in the Board of Directors, including a vacancy resulting from an increase in the number of directors, the vacancy may be filled by a majority vote of the remaining directors or at a majority vote of the members at a special meeting called for the purpose of filling the vacancy. F. Removal of Directors. Any director may be removed, with or without cause, by a two-thirds(2/3) of the vote cast by members at a meeting at which a quorum is present. G. Meetings. 1. The annual meeting of the Board of Directors shall be held immediately after the annual members' meeting at the same place as the annual members' meeting or at such 6 1111111111111111111111 rTTV OF VELM MISC $18 aa 3123275 Page 7 of 11 12/a4/1997 a2 1 Thurston COI WA other place and at such time as may be determined by the directors 2. Special meetings may be called at any time and place upon the call of the President, Secretary-Treasurer or any director. Notice of the time and place of each special meeting shall be given by the Secretary-Treasurer, or the persons calling the meeting, by mail, telephone, facsimile transmission, personal communication by telephone or otherwise, at least ten days before said special meeting. Notice of any special meeting may be waived in writing, either before or after such meeting, and is waived by any director by attendance thereat. H. Quorum and Voting. 1. A majority of the directors presently in office shall constitute a quorum. 2. At each meeting of the Board of Directors at which a quorum if present, the act of a majority of the directors present at the meeting shall be the act of the Board of Directors. I Compensation. No director shall receive compensation for any service he may render to the corporation, except that he may be reimbursed for any expenses incurred if said expenses were previously approved by the Board of Directors. J. Action Taken Without a Meeting. The directors shall have the right to take any action in the absence of a meeting which they could take at a meeting by obtaining the written approval of all the directors. Any action so approved shall have the same effect at though taken at a meeting of the Board of Directors VI. OFFICEH.S A. Number. The officers of the corporation shall be a President and a Secretary-Treasurer, both of whom shall be elected annually by the Directors, and such other officers as the Board of Directors may from time to time by resolution create. B. President. The President shall be the principal executive officer of the corporation and, subject to the control of the Directors, shall in general 7 ,,~\~I1JI 111\111I11 IlllUJlllljl1 ~J 3123275 Page 8 of 11 12/S4/1997 S2 181 Thurston Co, \.lA supervise and control all of the business affairs of the corporation. The President shall, when present, preside at all the meetings of the members and of the Directors. The President may sign, with the Secretary- Treasurer, any instruments which the Directors have authorized to be executed and in general shall perform all duties incident to the office of the President and such other duties as may be prescribed by the Directors from time to time. C. Secretary-Treasurer. The Secretary-Treasurer shall keep the minutes of the members' and of the Directors' meetings in one or more books provided for that purpose, see that all notices are duly given in accordance with the provisions of these Bylaws or as required, and be custodian of the corporate records of the corporation. The Secretary- Treasurer shall have charge and custody of and be responsible for all funds and securities of the corporation, receive and give receipts for monies due and payable to the corporation from any source whatsoever, deposit all such monies in the name of the corporation in such banks, trust companies or other depositories as shall be selected in accordance with these Bylaws, in general perform al of the duties incident to the office of Secretary-Treasurer and such other duties as from time to time may be assigned to him or her by the President or by the Directors. At the expiration of the Secretary- Treasurer's term of office, he or she shall turn over to his or her successor all property of the corporation in the Secretary-Treasurer's possession. D. Removal. Any officer or agent elepted or appointed by the Directors may be removed by the Directors whenever, in their judgement, the best interest of the corporation would be served thereby. E. Vacancies. The Board of Directors shall fill any office which becomes vacant with a successor who shall hold office for the unexpired term and until his or her successor shall have been duly elected and qualified. VII. BOOKS AND RECORDS The corporation shall keep at its registered office, its principal office in the state or at its Secretary-Treasurer's office the following: 1. Current Articles of Incorporation and Bylaws 2. A record of members, including names and addresses 3. Correct and adequate records of account and finances 4. A record of officers' and Directors' names and addresses 8 111111111111111I111111 CITY OF VELM MISC $18 aa 3123275 Page 9 of 11 12/34/1997 a2 181 Thurston Co, \.lA 5 Minutes of the proceedings of the members, if any, the Board of Directors and any minutes which may be maintained by committees of the Board of Directors. Records may be written or electronic, if capable of being converted to writing. The records shall be open at any reasonable time to inspection by any member of more than two months standing or a representative or more than 20% of the membership. Reasonable costs of inspecting or copying shall be borne by such member. Use or sale of members' lists by such member if obtained by inspection is prohibited. VIII. LIl.VIITATION OF CORPORATE ACTIVITY This corporation is organized as a non-profit corporation pursuant to ROW 24.03. Due to the non-profit status of the corporation, generation of revenue of any sort, other than donation, membership fees or earned interest is precluded. IX::. .Al.VIENDl.VIENTS These Bylaws may be altered, amended or repealed and new Bylaws may be adopted by the Directors at any regular or special meeting of the Board of Directors or at any regular of special meeting of the members, by vote of a majority of a quorum of members in person or by proxy. In the case of any conflict between the Articles of Incorporation and these Bylaws, the Articles shall control; and in any case of any conflict between the Declaration of Covenants and these Bylaws, the Declaration shall control. 9 1111111111111111111111 rTTY O~ YELM MISC $18 SS 3123275 Page lS of 11 12/S4/1997 S2 181 Thurston COJ WA In witness whereof, we, being all of the Directors of Mill Park Place Community Association, have hereunto set our hands this ---r1- day of ~)O\f'fN1Ajpe;y ,199.2- ~\-l~~~ Jo n D Huddleston ?J~. vl1 Bruce Kalish ~~~ Christa Huddleston STATE OF WASHINGTON ) ) ss COUNTY OF THURSTON ) On this 1'1 day of 1}{){t~ ,1997, before me personally appeared John D. Huddleston, Christa I Huddleston and Bruce Kalish, that executed the within and foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said partnership, for the uses and purposes therein mentioned and on oath stated that they are the only four partners of said partnership, and that they were authorized to execute said instrument. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written I '" \\ ;\ I I ~ // , C . /1/ / , Y , ';.1) 4 (' ~ ~ ~ I '0 ~ ; ::(! .,.,:<'",,'.01J\.F'r' -<> - =,~', ~\ -p -= :;; ~ ., -~.. ;; ::<.1'': J;;:.;f>,\\V .,.. .::; -.;. ". OJ ",- () . r:, i... ~ :,>' ' (':"t ~ _ f) . -I..... r .1 "_ ~ (.- . . 0,1 .,:.",< j ,l / 0" \\ \' " r~. If/I I \'1,. r..l' \,,\ 'I /II II \ \ ~ l \' ' '1/0J9h7.l rfJ1A~ CI~ Notary Public in and for the state of Washington, residing in JtJntJ My . ommission expires 71J.,O,! DIJ 10 II 1111111 II II III 111111 ('TTY nF YELM MISC $18 SS 3123275 Page 11 of 11 12/64/1997 62 181 Thurston Co, ~A -~-~~~~~~~'-j-"" ~~" City of Yelm 105 Yelm Avenue West P 0 J3.ox 4/19 Yelm. Washingtor 98597 .(360) 458-3244 Date No\(ember 19, 1'997 To May~r Wolf 'an~ Cfu~,cil, lVIembers From CathIe Carlso~lty Planner ' Re C:;tse SUB:.978202-YL L1ST.OF EXHIBITS. E~hibit I - Mill Park Place Final Plat Map Exhibit 11- Preliminary Plat Conditions. of Approval .' STAFF REPORT - SUMMARY STATEMENT AND DEPARTMENT RECOMMENDATION. StCl!fTecomrnends the City Council 'ap'prove Mill Park Place Final ,Plat.based.on the following findings and ~onclusions .L I Background. The applicant received PRO and, preliminary plat approval from the City Qn,August 27, 1997., to develop the slte~s a twelve lot restdentialdevelopment with conditions of approval " ' , " r A. Findings. 1 Proponent. Neigh~orhoQdDevelopment Group John Huddleston , B. ,PLANNING COMMISSION ACTION. The p;lanningyommission held a public hearing arid considered the final plat, application on November 17, 1997 The Planning Cbmmi~sion fOl!nd the applica'1t has completed '!"III conditions of apprbval6f the prelimin!"lry'plat and unariim,ouslyreco,mmends the F!nal Plat be approv~d ' f -, "\. C COUNCIL ACTION. The City ,<;:;buncil may' approve the project as' forward$d by the Planning Commis?lor.l, . approve the project with modifications or. deny the project. .1': ". .1 \ ~ * Recycled paper CITY OF YELM PRELIMINARY PLAT OF MILL PARK PLACE P R.D IN THE NWI/4 OF THE NWI/4 OF seenON JO, TOIINSHIP 17 NORTH, RANce 2 EAST, W.II, ~_ _ -I-- - - - - - - - - - - - - - - - - - - - - ~'1J!":.!.. ~.l!'!.-. - - - - - - - - - - - - - - - - - - - - T - - ~ ..t':; _ ....00 - - JO ~~~ I ~~~ : n<D'- ,... L I/IE TABLE I ~';J;.... " t ~ ~ ~ t ;.{[IR<II....... Lf H OO"JI'..r C 2...40 IUS OO'JI'4,= r "2' ;?2:'J02:?O~OO t~ : :::~~:~~. ~ :~:: .:/.P:.ATTf-:D 8 L5 S '2'Z"O'. C ".77 ~I ,il ill S ft,,"lJ- [ .....CO ....00 fRAC2' . A- ,JJ4QJ "" ~ ------cppma-~-~~4~9UTI-" 4"00 I 50.00 I 4'00 I ...,.W ~ I I -,. - -, ~. _00 I -- o~ r.J If NIO 2.5 ( " II rHO S .'.'4'. C .....00 I ~i ~8 OWN - ro<<:C .?.?:'JO.?.?O!!iOO I ,?:r'J0:1.?1100 J~ I! 'I ":.: ' ~~,." I : ;':>: A~~.'" .. il J ,,,~ ....., ..... ,,-... . ",- ~I~ ,:~;;; ~- Cf'~ :;/;; ~- ..0'1/' - - - - - - - - _S_"2'~ U!~ L - - - - - - - - - - - - - - - - - - - - - - ..0 !:!JI! :s '9 1 Iii oj ~ ~~i o h,:/I P: ~il RI :J G !~ ~zl ..tJO W 1/4 SCC1'KW JO FNO 5/1" M:tWf .- .... \~ ,. ~~ ~ 'i Jd CQAKM ____________~~.4..!.:..!._5:l!!!!L.____________:_...... ., ~T _ 10' U1IJTr' CASE1JD'T ALCWC ~ClO I wrs fJ JNfJ 12 ALLlO'NClWW;'nf(JH'A<< 104TH PLACE S.E. III of........) ~~ _ _ _ T ~ ~oo_ ~~ .~ 2:J" ~l;.'1;;- ~~ .... ~" Ct .... ~ 8 1 .. .. .. .. .. .. .. r.... 12 z ~ ~ ~ .. .8 .8 .8 ~8 ~8 ~8 ~8 ~ .... q ..., ~,!l2 !l3 !l4!l5!' 6!'7!l8!! 9j110j!11j! "4M I .~oo I .~oo I uoo I 'JOO I 'JOO n 6 r.') .~ :.,; (.)1., \""., N.C c:)..; :0") n. :-. :~ (>... '" CURVE TABLE ~ ~~ cr ,,",,'JZ- J5.OO a 2J04Q'OJ. 2.5.00 CJ 2' '22 'os. 25.00 C4 """..,. 50.00 C5 "'"57"'. SO.OO as ""Z7'Zr 50.00 C7 2Jo""J'. 50.00 CI ''''008 020- 50.00 ct "'Of"'" 25.00 erc 1O'J4 ..,. J5.OO ~ $4-.J. 10.JJ '.n 31.25 42.7'1 15.1' 20.1J "'.71 20.11 ....,.ff LEGEND s - VICINITY MAP IIONUIICNT seT: seT 2. SURFACE: BRASS DISK W/puNCH PUl CrY OF l'fJ.JI STANOAROS SCAlE ".'/2 II/IL LEGAL DESCRIPTION PLAT NOTES THAT PART OF THE NORTHYr[ST OUARTrR OF THE NORTHYr[ST OUARTrR OF seeT10N JO. TOIINSHIP 17 NORTH, RANCE: 2 CAST, 11I',"., OESQIIBCD AS FlX.l.OIlS: BEGINNING A T A POINT ON THE Yr[ST UNE OF SAID NORTH\lfEST OUARTrR OF NORTHYr[ST OUARTrR, 254 F'fIT NORTH OF ITS SOUTH\lfEST CORNE1/; RUNNING THCNCE: NORTH ALONG SAID IlEST UNE 20J F'fIT IIOR( OR lESS TO A POINT 86J F'fIT SOUTH OF THE NORTHYr[ST CORNUl OF SAID SE:enON JO, THCNCE: CAST 654 F'fIT, SOUTH 20J F'fIT IIORE OR LESS ANO Yr[ST 554 F'fIT TO THE POINT OF BEGINNING: EXCEPT1Ne THERUROII THE Yr[ST 20 F'fIT FOR COUNTY ROAO KNOIIN AS IIILL ROAO, SlIlJAlrO IN THURSTON eOUNTY. STAir OF WASH/NeTON AREA OF TOTAL Stir: J.Ol ACRES INCLUDING PLA T ROADS ZONING: R-.f NUIIBUl OF LOTS: 12 AREA OF OP!H $PAC(; 6554 SO, FT, PUBUe ROADS: lENGTH 508 FT. SIIALLEST LOT: 4682 So. FT. A I'fRAce LOT: 5JJ2 So. n. OCNStTY: 4,0 UNITS PER ACRE ORIGINAL TRACT ASSESSOR'S PARCEL NO(S) SCAlE: 1.-.50 ,--_ I o 25 so 100 lIC/flCA~ PlAT OF PARKVtC'II RCCORDfJ) IJHCJOf ,., NO.. t4Ct07OJSI IN \Q,.. Z7. PAG(S 12-15. ADDRESS SCHEDULE: FOR MILL PARK PLACE P,R.D, "'- AlIOIIUSCS - _ 104lH PlAcr $.l. l'fiW. WASPflrfCTCW '49' LOT M.III8Of HOCJSt (Yf UNT HC.l6lBER 2 1552J J .5525 . '552f .5 15531 . .5535 7 .55J7 . 15541 . .5543 10 ,seal I '$101 rr ,sal5 12 rsa" 10440 IIIU. ROAD $.[, IXI"Dl:II ./WIM 22730220700 OlYNER/DEVEWPER NEIGHBORHOOD Dl:VELOPliE!IT GROUP P,o. BOX J20II l'I'LII.l'ApUn E. TRUE & ASSOC. LAND SURVEYORS P.O, BOX l108 l'I'LII.l'A~n (:JMI) 4M-28P4 95-15SH1 s: r r '"0 )> ;;0 ^ '"0 s;: o m ." Z )> r "'Urn S;:X -II ~OJ )>::j '"0- MILL PARK PLACE EXHIBIT II PRELIMINARY PLAT CONDITIONS OF APPROVAL ---~ 105 Yelm Avenue West P.O Box 479 Yelm, Washinqton 98597 206-458-3244 YBL:M ~'NCITON _ ~,'7 September 9, 1997 F'lE COpy ~, Mr John Huddleston POBox 1206 Yelm, W A 98597 Re Prelimmary Plat Approval for PRD-8196, Mill Park Place Dear Mr Huddleston. On August 27, 1997, the Yelm City Council granted conditional approval of Mill Park Place, a 12 lot single family subdivisiOn and planned residential development located on the east Side of Mill Road and north of Mill Pond School. The followmg conditions of approval were set by the City Council. 1 The applicant shall provide an area of approximately 13,111 square feet, identified as Tract A and B, for on-site open space. The applicant shall pay a fee of $10,095.00 for the remaining required 13,111 square feet of open space. The fee in lieu of open space is calculated by multiplying the required square feet of open space (13,111) by 77ft 2. The applicant shall mitigate traffic impacts to the transportation system. Mitigation includes payment of the Transportation Facility Charge (TFC) for 11 11 pm peak hour trips generated by the project. The total TFC is $8332.50 The TFC for each residential unit is $757 50 and payable at building permit issuance 3 The applicant shall submit a Homeowners Association Agreement for approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tract A and B and authorize the homeowners association to assess and collect fees for the maintenance and repair of open space and stormwater facility The Homeowners Agreement shall be referenced on the face of the Final Plat Map and recorded with the County Records Office 4 The applicant shall negotiate and enter into a Mitigation Agreement with the Yelm School District prior to final plat. School mitigation fees are payable at time of building permit issuance 5 The zero lot setbacks for side yards on lots two through nine and eleven and twelve is approved Reduction in rear yard setbacks is allowed down to 20 feet and no reductions for front yards are approved Mr John Huddleston September 9, 1997 Page 2 6 The final plat shall clearly demonstrate the satisfactory completion of all conditions of approval stated herein, and shall be prepared and filed in compliance with the requirements of YMC 16 12. Prehmmary plat approval IS vahd for five years from the date of approval. Prelmunary plat approval will expire on August 27,2002 If you need further asSiStance or have any questions, please contact me at 458-8408 Smcerely, ~~~ Catherine Carlson City Planner cc EddIe True Shelly Badger Ken Garmann Jerry Prock rc: ! ~~ r-'; (\~;) \' .: ~ Lf ( L-.:.. J -- I ~..: r ~J City of Yelm. 105 Yelm Avenue West P O. Box 479 Yelm, Washington 98597 206-458-3244 November 4, 1997 Mr John Huddleston POBox 1206 Yelm, WA 98597 Re Final Plat for Mill Park. Place Dear Mr Huddleston. The City has completed its review of your application for final plat of Mill Park. Place. The Planning Department needs the following information no later than November 14, 1997, for the project to be presented to the Planning Commission on November 17. 1997 1 Bill of Sale, one each for water and sewer The Bill of Sale must be formatted in accordance with Thurston County requirements 2 Warranty Agreement formatted in accordance with Thurston County requirements 3 The Homeowners Agreement must provide specific provisions to assess and collect fees for the maintenance and repair of open space and stormwater facilities. Item liD is to generic an does not address this adequately I have enclosed some samples that are acceptable to the City The Agreement must be formatted in accordance with Thurston County requirements. 4 As required by the Stormwater Manual a Storm Drainage Maintenance Manual must be recorded with the plat. I have enclosed a sample that is acceptable by the City The Manual must be formated in accordance with Thurston County requirements 5 The Declaration of Covenants must be formatted in accordance with Thurston County requirements 6 The fee in lieu of open space is due at final plat. Upon approval by the City Council a property lien may be allowed for the deferral of payment until such time as building permits are to be issued If you would like to pursue a property lien please submit the documentation from your attorney by the date stated above 7 I have returned the plat closures to your surveyor for a minor change Please have these returned by the above stated date Mr John Huddleston November 4; 1997 Page 2 I have enclosed the ThurSton County formatting requirements for your convenience If you have any question, please contact me at 458-840.8. Sincerely, ~vUJ C!rl0~ Catherine Carlson City Planner ,co: Ken Garmann $helly aad~er' .' KEVIN J O'SULLIVAN Assessor JOHN F BOYD Deputy THURSTON COUNTY .l.,,~~~"";__~_"-_'_~. SINCE 1852 OFFICE OF THE ASSESSOR MEMORANDUM November 3, 1997 TO CIty of Yelm FROM Thurston County Assessor's Office RE FINAL PLAT OF MILL PARK PLACE R.R.D I do not have comments, and approve of this project as submItted. SIgnature- 2 My comments/recommendatIOns are as follows A. PLEASE PROVIDE A COpy OF THE LOT CLOSURE INFORMATION TO US PRIOR TO RECORDING R PLEASE INCT UDE ROADWAY DFDTCA TION LANGUAGE ON FACE OF PLAT C PLEASE INCLUDE DEDICATION OF OWNERSHIP FOR OPEN SPACE TRACTS ON FACE OF PLAT Slgnature- tJtUu;J a&A.i ,JL1Ll-'--./ 2000 Lakeridge Drive S.W., Olympia, Washington 98502-6045, (360) 786-5410; FAX (360) 754-2958; TOO (360) 754-2933 I) ~33 Recycled Paper ',. -~~ City of YellD 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 206-458-3244 PLANNING DEPARTMENT DATE October 16, 1997 APPLICANT John Huddleston, Mill Park Place CASE NUMBER. SUB-978202-YL PROJECT LOCATION 104th Place SE, (off of Mill Road SE, Yelm) PROJECT SUMMARY Final Plat - Develop existing 301 acre parcel into 12 lots, with 10 lots having zero lot line setbacks The enclosed project information is for your review Please provide written comments or recommendations to Cathie Carlson by November 5. 1997 Your comments will become part of the record and utilized in the decision-making process by staff, Planning Commission or City Council TYPE OF APPLICATION PROPOSED Site Plan Review Planned Residential Development X FINAL Preliminary Plat Mixed Use Planned Development ADMINISTRATIVE X Final Plat Master Planned Development PLANNING COMMISSION Short Subdivision Home Occupation(s) X CITY COUNCIL Conditional Use Short Subdivision Variance Mobile Home Park TO' X City Administrator X Thurston County Assessor X Director of Public Works WSDOT X Building Department X Intercity Transit X City Planner X School District X City Clerk X Yelm Telephone Police Department X LeMay Garbage Service Fire Department X Puget Sound Energy Thurston County CapCom X Viacom Cable Adjacent Jurisdiction Adjacent Property Owners Yelm Municipal Court X US Post Office - Yelm Thurston County Environmental Health Department of Ecology Olympic Air Pollution Control Authority Yelm Chamber of Commerce X Yelm Parks Advisory Committee .. I~~ 0' THE p~~1 Subdivision Name CITY OF 'YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE ONLY Fee fJt~ ~ . . r;- Date Received \()~ /to ~I I By ~I'~~ File No)JflJ(T?;;J.09. 'iL- P A \ r" APPLICATION FOR Final Plat OC1 16 1997 Fee $750 00 - ELM (In addition,. any professio~al\.S~~~,~e €ii*ge~ per Resolution #358) \J I, ; . M/t-L PAI?.l::.. PL.4ClE. p R.. :D, e,I 9~ SEPT. 9 I /997 I Date of Preliminary Plat Approval SUBDIVIDER :JOJ.l tJ J.hJD'DLE:5TON Name SURVEYOR e. 7RUIr ~ A..5SOC Name P.o. Box IZO~ Address po. SOX 906 Address *=:LM 1 WA.. 9B69"/ / -'7-5S - 9106 Phone Y6LM j WA. 9f3!!5"97 , 45e, - 2e94- Phone PROPERTY OWNER(S) N€.(~?J 80121-100]) j;;)eV, G../2Dvp Name p. 0 BOX 12.04::> Address ENGINEER SCA E.N 6 ft\j.€.E'e.. JNG Name 6// WOODLAND .scp, LP ,SE. Address Y6LM , VVA. geE>97 . 45~ - 910t;:, Phone LACEV , WA. geso3 " 493 - GOO 2- Phone LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage .3. 0 I Number of Single Family Residential Lots 1'2- Number of Commercial Lots Smallest Lot Area Total Acreage in Open Space Length in Public Streets Length :r: Private Slieets o 4blOSft ft 1'2- '2.9 1St, .(,j , 50B' o Number of Multifamily Residential Lots 0 Number of Industrial Lots 0 Average Lot Area 6 9Z~ .51..' f+ Fee in Lieu of Open Space II 1017'2...<0 '07 Total Acreage in Public Streets o~ B J Ac. Total Acreage in Private Streets 0 All of the information on the reverse side of this application is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration CHECKLIST SUPPORTING DOCUMENTS (Submit one, copy of each document) 1 Certificate of title date not to exceed thirty days prior to submittal. 2. A copy of any deed restrictions applicable to the subdivision, 3 A copy of any dedication requiring separate documents, 4 A certificate by the engineering department that the subdivider has complied with one of the following: A, All improvements have been installed in accordance with the requirements of this title and with the action of the legislative body giving approval of the preliminary plat; B. An agreement and financial security have been executed as provided for in the Subdivision Ordinance to assure completion of required improvements, 5 Mathematical boundary closures of the subdivision showing the error closure, if any The mathematical lot closures and street centerline closures, and square footage of each parcel. Lots containing one acre or more shall show net acreage to nearest hundredth, A phasing plan (if applicable,) A summary explanation is required of all City Council conditions stating how the developer has met the requirements. Final drawings on disk in Auto Cadd format. Tree and Vegetation Preservation Plan, per section 14 16,110 A copy of any Home Owners Agreement. A copy of any maintenance agreements, 6 7 8. 9 10, 11 12, 13 PLAT MAP (Submit 12 folded blue-line prints - rolled not accepted) 1 The date, scale, north arrow, legend, controlling topography and existing features such as highways, railroads, rivers and streets, 2. Reference points and lines of existing surveys identified, per subdivision ordinance, 3 The exact location and width of streets and easements intersect- ing the boundary of the tract. 4 Tract, block and lot boundary lines and street rights-of-way and centerline with dimensions. bearings or deflection angles, radii, areas points of curvature, and tangent bearings, shown to nearest hundredth foot. 5. The width of the portion of streets being dedicated, the width of any existing right-of-way, and the width of each side of the centerline curve data. 6 Legal description of the subdivision boundaries. 7 A phasing plan (if applicable,) 8. Adjoining corners of adjoining lots, blocks and subdivisions; city or county boundary lines when crossing or adjacent to the subdivision; section and donation land claim lines within and adjacent to the plat. 9 Easements denoted by fine dotted lines, clearly identified and, if already of record, their recorded reference, The width of the easement, its length and bearings and sufficient ties to locate the easement with respect to the subdivision must be shown, If the easement is being dedicated by the map, it shall be properly referenced in the owner's certificate of dedication, 10 Lot numbers in an addition to a subdivison of the same name shall be a continuation of the numbering of the original subdivision, 11 Land parcels to be dedicated for any purpose, public or private shall be distinguished from lots intended for sale, 12. Per Section 16,12,230 (B) the following certificates may be combined where appropriate: A. A certificate signed and acknowledged by all parties with any record title interest in the land subdivided and a waiver of all claims for damages against any governmental authority which may be occasioned to the adjacent land by the established construction, drainage, and maintenance of dedicated streets. B. A certificate signed and acknowledged as above, dedicating all parcels of land shown on the final map intended for any public use except those parcels which are intended for the exclusive use of the lot owners. C A certificate with the seal of and signed by the engineer or the surveyor responsible for the survey and final map. D Other certifications now or hereafter required by law, please refer to Section 16,12,230 for complete list. 13. Lots containing one acre or more shall show net acreage to nearest hundredth, Survey of section(s) in which plat is located, Acknowleagment of per;;l.ii',5 Wing the i=oio:t. Sites allocated for purposes other than single family dwellings, 14 15 16. DRAFTING STANDARDS 1 Clearly and legibly drawn in permanent black ink, (Original only) 2, Scale shall be between one inch equals fifty feet to four hundred feet; the appropriate scale to be determined by the Public Works Director; lettering must be a minimum of 3/32", high perimeter of the plat must be depicted with heavy lines, 3, 18 X 24 inch sheets, 4 Marginal line (3" left margin W' margin on the remaining sides,) 5, Index required for more than two sheets, 6, The plat title, date, scale, quarter-quarter section and north arrow shall be shown on each appropriate sheet of the final plat. 7 All signatures must be original in permanent black ink. 8 Owners name must be printed beneath signature line, .. PLANNER USE ONLY Checked by Date Submitted V Missing ;/" V N/R Nff-:1 ~ Iv I t'It v ./ ~ /' V .-/ ./ v' -t4LL ~ V' v '/ --'4t- N/A' V N/;t , f///f ../ ~ -- ~ v- l/ - ~ /' Subdivision Name Date of Preliminary Plat Approval SUBDIVIDER JOtI N l.hJnDL-ES"Tmv Name CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 ~:It~ DateRecelved \C)-lloq.-. By ~"e~ APPLICATION FOR r~lIe No.S.d1l7&;?~ 'II.., Final Plat PAl OC1 1 6 1997 Fee: $750.00 (In addition, any professiol18f~ ~tJfQe~E L M per Resolution #358) 'v \ I' .. /l11L-L. PA1?,k. PLACe. pR..,]). e'9~ SEpt 9. /997 . SURVEYOR e.. 7RU~ .f AssoC Name P.o. :SOX 90e, Address Po 0, :B OX 1'2-0(& Address ~LM, \AlA. 9S6Q-? " -"1-SP> - 9/0c::, Phone Ye:Lf\'1} WA. 9f3!5'97 45e:. - 2e94- Phone PROPERTY OWNER(S) NEE. (~ U BORIlOO]) DEv' G.t2DllP Name ENGINEER SCA E:N 6ItJ6E.'i2.. ltJG Name PO 'B OX ''2.0(0 Address 611 WOODL.AND .sq>. '-P $6- Address Y.e.L-fVI . \NA. 9~597 4!5~ - 910~ Phone i-ACE.Y .. \/\/A, geso3 " 493- 6002- Phone LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage .3. 0 I Number of Single Family Residential Lots ("2- Number of Commercial Lots Smallest Lot Area Total Acreage in Open Space Length In Public Streets Length In Private Streets Number of Multifamily Residential Lots 0 o 4~70Stt ff IZ 1-9' SI(.'.(./ soe; o <:) {, 9Z~ J'l f+ $/0,7'2..fD 107 0.61 Ac. o Number of Industrial Lots Average Lot Area Fee in Lieu of Open Space Total Acreage In Public Streets Total Acreage in Private Streets All of the information on the reverse side of this application Is required to be filed at the time of final plat submittal unless a written waiver from the planner or engineer accompanies the application. After this office has received written acknowledgment from all departments required to sign the plat, the legislative body will be so advised and a date for a public meeting will be set for their consideration, -' ~\~ CITY OF YELM PRELIMINARY PLAT OF MILL PARK PLACE P R.D IN ll/E NWl/4 OF llIE NWl/4 OF SEcnOH 30, TOIlIISI/lP 17 NORllI. fWlGC % ~ST, '11,11. ~ - -+- - - - - - - - - - - - - - - - - - - - - """'-'--- - - - - - - -- - - - - - - - - - - - -., - -.....,::, "to::. - .- I · , ::.,=,Ilo ' :,:{t::r::: , D _ _ "" ''''-' ' ::1'':- " ~ .c,"""; OIS''''''''' 1 ~ "'"'....... 1.1 .. oo.~'.'" [ 24.44 LI S 00'''''1''. ".. ;?;?:'JO;?:l~OO t~ ~ ::~~:~~: ~ :t: ,;WI.ATT::!) .. LS S U'21'OI' [ ",17 .., it 1, Ii S ",,'IY [ .,..00 -, '~/t 1! ~~ ..~ I LQTS " _ " 'ctl- j ~if........... ~19o "1 ;- ~" .. .. '" ~ "'1 "'~ ..~ "'I "'I wI f.. 12 ~ ~8 "8 " "8 "8 I.. '" '" !!4!' 5!~ 6!'7!'B P9ill0~l1V I', 6 C.'\ r~~: ,...,... <-t.( c:r'l\i' ~'I . , <-:.... .., r:i oi .., ~ 9 \ Oh, P: ..i' i \~ ~ 2 C I ...,'20 y-----T I 1 "'\.. 1..11 1.." ..~ .. 8 .. 8 '\ ~);3!! 2 ~ 3 " -\ ,-- - - ~. .' ,~ .- ,,'s u._u,~.- .-.-, - ' ~, t """" 1I<<,.,.a :l;?:'JO;?20$00 I 22"JO:l211OO J~ I ~ ,..<J' '1'1'>'0 \ ,..."'. ATn'O J; , , ,_..". ... "~, ... ie~ "t _ _ _ _ _ _ _ _ _ _ _ - - - - - - - - _s_"2'~[_..!"'.!!!!.L ii' ,_ - ~ H -~. H -- - - - - - - - - - - - - - - - - - - - - - - ..0 bi2 z la 1- MAP =l~ CURvE: TABLE .." en" /lADIUS - -- CI ".,. '32' ,..00 C2 ",,,,,..,,. 15.00 Q 2"22'01" 25.00 04 .....,....,.. $0.00 (:5 "'57.2'. 50.00 CO '7'27'21" 50.00 C1 ".,.,,.. 50.00 CO ,,....'20" 50.00 CO ..... '... 25.00 CfO 70.34 '."- JI.OO VICINITY LEGEND 9 .. IIOHlJl.lEHT $(T: sr:r 2" $JflfACE BRASS f)j$l( wfPUHCH PER aTY OF l'fl.\I STIJ/OAADS Lu<G'" ..,.. '0,>> ...1% ,.,,, 41,7# 15,IJ JO.tJ u..71 JO," "",11 ., 1/' 5t~ ~ fND 5/1" fD'I' -,... seAlS ,". ,/2 WILE PLA T NOTES LEGAL DESCRIPTION AA~ OF TOT~ $ITE: JoOI ACRES lNCl.lJDlNG PLA T ROADS ZOl/lHG: R-4 NlJloISDl OF LOIS: 1% ARCJo OF OPEH SPACE:. eee4 so. n. PlJSUC ROADS: tDlGlIf 508 rr. $llAUEST LOT: 488% so. rr. A~RAGE. LOT: 5JJ% so. rr. DEJlSlTY: 4.0 (JIIITS PER ACRE ll/AT pAAT Of llIE NORlIf\lEST QUAATER OF llIE NORll/\IlEST CUJoRTER Of SECllOH JO. TO'll/SWl' 17 NORlll. /WIG! % CAST, W.II" iiEsC/llBED AS FQU.OWS: SEG/NNIIIG AT A pOINT 011 ll/E \lEST LINE OF SAIll NORT/fVIE$T CUJoRTER OF NORlIfllfST QUAATER. %54 n;!T NORll/ OF ITS SOCJll/IlEST cORHER: /lfJNNIIIG lIfENCE: NORll/ ~OHG SAIll lOEST LINE %OJ FEU liaR! OR L!SS TO A pOINT MJ FEU SOCJlIf OF ll/E NORll/llEST c;oRNOI OF SAIll SEcnOH JO. lIfENCE CAST e5>4 n;!T, SOCJll/ %OJ FEU IIORE OR L!SS IJID \lEST 664 n;!T TO !lIE pOINT Of SEG/NNIIIG; EXCO'TlIIG ll/E1l(FR0II lifE llE$T 20 n;!T FOR COUNTY /lOAD ICNOllN AS IoIIlJ. /lOAD, SIlVA 1tD IN lIflJllSTOH COUNTY, STATE Of WASH/NGTOII SCALE: ,...50 ...... ~ :::::::::::l o 25 tOO ~ ....T(I'I/II<VIC'II~ ~ ~ NO. _~ II YCL 11, ,.as ..-u ADDRESS SCHEDULE FOR MILL pARK PLACE p,R.D, NJ.~- _,"'lH~s.r. IO.IL WA5J<llGTCW _1 LO'~ ~OII.,.T~ 2 ' J ,5525 . ,552t 5 'SS31 . 1is535 1 ,55J1 . ,,.,.., r. :~, ,- n l~IS 12 'Mf1 , 10440 &lIJ,. ItOAD sL ORIGINAL TRACT ASSESSOR'S PARCEL NO(S) _2273022070fL. OWNER/DEVELOPER "'EIG/lllOllH~~ ~,1dAQtr olIOill' raJI. ",. H$I7 E. TRUE It ASSOC, LAND SI1RVEYOllS ".0. BOX g08 YEtII.""aa5117' (:1050) ..ea-ZU4 p!;_l!;~m ~ ~ ~O ::c I.' .~ CD '- . ~ t~J '?; \.5_.J ~~ ~ (J) =i m ~ "'tJ The Neighborhood Development Group PO Box 1206 Yelm7 WA 98597 360-458-9104 October 7, 1997 CathI Carlson - City Planner CIty of Yelm PO Box 479 Yelm, W A 98597 Re Mill Park Place PRD 8196 Dear Ms. Carlson, The NeIghborhood Development Group has met all the condItions of the PrelImmary Platt approval for Mill Park Place PRD 8196, as shown on the approval letter dated 9/9/97 nv " .. "' City of Yelan 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 206-458-3244 _ r'!/'\' 17 September 9, 1997 F'lE COpy ~\ Mr John Huddleston POBox 1206 Yelm, WA 98597 Re Prelimmary Plat Approval for PRD-8196, Mill Park Place Dear Mr Huddleston. On August 27, 1997, the Yelm City Council granted conditional approval of Mill Park Place, a 12 lot smgle family subdIVISIon and planned resIdentIal development located on the east sIde of Mill Road and north of Mill Pond School. The followmg condItIons of approval were set by the City Council 1 The applicant shall provide an area of approximately 13,111 square feet. identified as Tract A and 8, for on-site open space The applicant shall pay a fee of $10,09500 for the remaining required 13,111 square feet of open space The fee in lieu of open space is calculated by multiplying the required square feet of open space (13.111) by 77~ 2 The applicant shall mitigate traffic impacts to the transportation system Mitigation includes payment of the Transportation Facility Charge (TFC) for 11 11 pm peak hour trips generated by the project. The total TFC is $8332.50 The TFC for each residential unit is $757 50 and payable at building permit issuance 3 The applicant shall submit a Homeowners Association Agreement for approval by the City The Agreement, at a minimum shall contain provisions for the homeowners joint ownership of Tract A and 8 and authorize the homeowners association to assess and collect fees for the maintenance and repair of open space and stormwater facility The Homeowners Agreement shall be referenced on the face of the Final Plat Map and recorded with the County Records Office 4 The applicant shall negotiate and enter into a Mitigation Agreement with the Yelm School District prior to final plat. School mitigation fees are payable at time of building permit issuance 5 The zero lot setbacks for side yards on lots two through nine and eleven and twelve is approved Reduction in rear yard setbacks is allowed down to 20 feet and no reductions for front yards are approved ,'; . .,' Mr John Huddleston September 9, 1997 Page 2 6 The final plat shall clearly demonstrate the satisfactory completion of all conditions of approval stated herein, and shall be prepared and filed in compliance with the requirements of YMC 16 12 Prehmmary plat approval is vahd for five years from the date of approval. Prehrnmary plat approval will expire on August 27,2002 If you need further asSiStance or have any questiOns, please contact me at 458-8408 Smcerely, ~W~ Cathenne Carlson City Planner cc Eddie True Shelly Badger Ken Garmann Jerry Prock t~ f~ \' I . L~:, ' ' t.....J. i..._J .1""; (\i I'"r', \, " . ; [.,2' .- '-" I --:~.' r fJ September 3, 1997 ~( I' fi:1r\ \ t ' I G--- l' . . ~ 1, '\-/ ~.J\C. ~' ~ cr:: C t.,vJ' ( rJ f'- ) \S~ri . l~J ~ 'f <)' \j'/\ '{, r) ~~~1~ Mr. John Huddleston JCH Development P.O. Box 1206 Yelm, WA, 98597 Re: Mill Park Place Dear John, As per your phone call last week, the following items are required to be completed prior to final plat approval. ~ Letter from engineer stating the project has be constructed in conformance to the approved plans. v ~ ~ As-builts - one set of mylars and two sets of bluelines. Completion of punch list items. Payment of plan review fees. If you have any questions or comments feel free to call my office at (360) 458-8499. Sincerely, City of Yelm Ken Garmann Public Works Director cc: Cathie Carlson, Planner . ," ..",..,r"""''- \o;p "!)- fy. ~. Flle c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-15-1997 Plat Computations and Check of Autocad produced Plat I MILL PARK PLACE LOT 1 ------- Bearlng Distance Northing Easting ------- -------- -------- ------- Start N 8940 159 E 9356 004 N 00-38-47 E 89 04 N 9029 193 E 9357 008 ** Curve Radial In S 89-21-13 E 35 00 N 9028 794 E 9392 006 Delta 89-56-32 Arc Length 54 94 Tangent 34 96 ** Curve Chord Bearing N 45-37-03 E 49 47 N 9063 795 E 9392 364 S 89-24-41 E 113 03 N 9062 634 E 9505 388 S 00-38-47 W 124 00 N 8938 642 E 9503 989 N 89-24-41 W 148 00 N 8940 162 E 9355 997 Closing Point N 8940 159 E 9356 004 ------ ------- Closure N 0 003 E -0 007 Area 18088 91 Square Feet 0 415 Acres .,. ~ F~le c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-15-1997 l/ Plat Computations and Check of Autocad produced Plat MILL PARK PLACE LOT 2 ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8938 639 E 9503 994 N 00-38-47 E 124 00 N 9062 631 E 9505 393 S 89-24-41 E 45 00 N 9062 169 E 9550 390 S 00-38-47 W 124 00 N 8938 177 E 9548 992 N 89-24-41 W 45 00 N 8938 639 E 9503 994 Closing Point N 8938 639 E 9503 994 ------ ------- Closure N -0 000 E -0 000 Area 5580 00 Square Feet 0 128 Acres \. "I. File c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-15-1997 I Plat Computatlons and Check of Autocad produced Plat MILL PARK PLACE LOT 3 ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8938 177 E 9548 992 N 00-38-47 E 124 00 N 9062 169 E 9550 391 S 89-24-41 E 45 00 N 9061 707 E 9595 388 S 00-38-47 W 124 00 N 8937 715 E 9593 990 N 89-24-41 W 45 00 N 8938 177 E 9548 992 Closing Point N 8938 177 E 9548 992 ------ ------- Closure N -0 000 E -0 000 Area 5580 00 Square Feet 0 128 Acres \. File c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-15-1997 Plat Computatlons and Check of Autocad produced Plat MILL PARK PLACE LOT 4 ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8937 714 E 9593 992 N 00-38-47 E 124 00 N 9061 706 E 9595 391 S 89-24-41 E 43 00 N 9061 264 E 9638 388 S 00-38-47 W 124 00 N 8937 272 E 9636 990 N 89-24-41 W 43 00 N 8937 714 E 9593 992 Closing Point N 8937 714 E 9593 992 ------ ------- Closure N -0 000 E -0 000 Area 5332 00 Square Feet 0 122 Acres / ". LOT 5 ,/ ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8937 273 E 9636 990 N 00-38-47 E 124 00 N 9061 265 E 9638 389 S 89-24-41 E 43 00 N 9060 823 E 9681 386 S 00-38-47 W 124 00 N 8936 831 E 9679 988 N 89-24-41 W 43 00 N 8937 273 E 9636 990 Closing Point N 8937 273 E 9636 990 ------ ------- Closure N -0 000 E -0 000 Area 5332 00 Square Feet 0 122 Acres '\ LOT 6 ,/ ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8936 831 E 9679 987 N 00-38-47 E 124 00 N 9060 823 E 9681 386 S 89-24-41 E 43 00 N 9060 381 E 9724 383 S 00-38-47 W 124 00 N 8936 389 E 9722 985 N 89-24-41 W 43 00 N 8936 831 E 9679 987 Closing POlnt N 8936 831 E 9679 987 ------ ------- Closure N -0 000 E -0 000 Area 5332 00 Square Feet 0 122 Acres \ LOT 7 / ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8936 389 E 9722 985 N 00-38-47 E 124 00 N 9060 381 E 9724 384 S 89-24-41 E 43 00 N 9059 939 E 9767 381 S 00-38-47 W 124 00 N 8935 947 E 9765 983 N 89-24-41 W 43 00 N 8936 389 E 9722 985 Closing Point N 8936 389 E 9722 985 ------ ------- Closure N -0 000 E -0 000 Area 5332 00 Square Feet 0 122 Acres Flle c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 08-20-1997 Plat Computations and Check of Autocad produced Plat MILL PARK PLACE P D D LOT 8 CLOSURE ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8935 947 E 9765 983 N 00-38-47 E 124 00 N 9059 939 E 9767 382 S 89-24-41 E 23 45 N 9059 698 E 9790 830 ** Curve Radial In S 00-35-19 W 50 00 N 9009 701 E 9790 317 Delta 23-00-41 Arc Length 20 08 Tangent 10 18 ** Curve Chord Bearing S 77-54-21 E 19 95 N 9055 518 E 9810 338 S 00-38-47 W 120 02 N 8935 506 E 9808 984 N 89-24-41 W 43 00 N 8935 948 E 9765 986 Closing Point N 8935 947 E 9765 983 ------ ------- Closure N 0 001 E 0 003 Area 5306 84 Square Feet 0 122 Acres / LOT 9 CLOSURE / ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8935 506 E 9808 981 N 00-38-47 E 120 02 N 9055 518 E 9810 335 ** Curve Radial In S 23-36-00 W 50 00 N 9009 701 E 9790 317 Delta 15-43-40 Arc Length 13 73 Tangent 6 91 ** Curve Chord Bearing S 58-32-10 E 13 68 N 9048 378 E 9822 003 ** Curve Radial In N 39-19-41 E 50 00 N 9087 054 E 9853 693 Delta 38-40-54 Arc Length 33 76 Tangent 17 55 ** Curve Chord Bearing S 70-00-46 E 33 12 N 9037 057 E 9853 129 S 00-38-47 W 102 00 N 8935 064 E 9851 978 N 89-24-41 W 43 00 N 8935 505 E 9808 980 Closing Point N 8935 506 E 9808 981 ------ ------- Closure N -0 001 E -0 001 Area 4669 92 Square Feet 0 107 Acres !VJl LL 1:' Ak.K " LOT 10 Bearing Distance Start N 00-38-47 E ** Curve Radial In N 00-38-47 E Delta 48-57-21 Arc ** Curve Chord Bearing N 66-10-06 E S 62-29-09 E S 00-38-47 W N 89-24-41 W Closing Point 102 00 50 00 Length 41 43 13 77 112 89 50 00 Closure Area 5468 54 Square Feet o 126 AGrE;s , !, { ~! \~ '"",",--N' __~ - Northing Easting -------- ------- N 8935 064 E 9851.978 N 9037 058 E 9853 129 N 9087 054 E 9853.=6-93 42 72 Tangent 22 76 N 9053 797 E 9891 026 N 9047.436 E 9903 239 N 8934 553 E 9901 965 N 8935 067 E 9851 968 N 8935.064 E 9851.978 ------ ------- N 0 003 E -0 010 /' \, ~_--7 Flle c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-21-1997 Plat Computations and Check of Autocad produced Plat File c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-21-1997 Plat Computations and Check of Autocad produced Plat MILL PARK PLACE LOT 11 ------- Bearlng Distance Northing Easting ------- -------- -------- ------- Start N 8934 550 E 9901 973 N 00-38-47 E 112 89 N 9047 433 E 9903 247 N 62-29-09 W 13 77 N 9053 794 E 9891 034 ** Curve Radial In N 48-18-35 W 50 00 N 9087 054 E 9853 693 Delta 17-27-27 Arc Length 15 23 Tangent 7 68 ** Curve Chord Bearing N 32-57-41 E 15 18 N 9066 531 E 9899 293 S 62-29-09 E 52 88 N 9042 102 E 9946 192 S 00-38-47 W 108 00 N 8934 109 E 9944 974 N 89-24-41 W 43 00 N 8934 550 E 9901 976 Closlng Point N 8934 550 E 9901 973 ------ ------- Closure N 0 000 E 0 003 Area 5247 18 Square Feet 0 120 Acres File c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-21-1997 Plat Computations and Check of Autocad produced Plat MILL PARK PLACE LOT 12 ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8934 108 E 9944 971 N 00-38-47 E 108 00 N 9042 101 E 9946 189 N 62-29-09 W 52 88 N 9066 530 E 9899 290 ** Curve Radial In N 65-46-02 W 50 00 N 9087 054 E 9853 693 Delta 23-38-39 Arc Length 20 63 Tangent 10 47 ** Curve Chord Bearing N 12-24-39 E 20 49 N 9086 541 E 9903 694 N 22-03-06 E 54 87 N 9137 397 E 9924 294 S 89-21-13 E 65 97 N 9136 653 E 9990 260 S 00-38-47 W 203 00 N 8933 666 E 9987 970 N 89-24-41 W 43 00 N 8934 108 E 9944 973 Closing Point N 8934 108 E 9944 971 ------ ------- Closure N -0 000 E 0 002 Area 11868 59 Square Feet 0 272 Acres ,. .... OPEN SPACE TRACT A / ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 9141 100 E 9596 286 S 89-21-13 E 328 03 N 9137 400 E 9924 295 S 22-03-06 W 54 87 N 9086 544 E 9903 695 ** Curve Radlal In N 89-24-41 W 50 00 N 9087 054 E 9853 693 Delta 136-06-20 Arc Length 118 77 Tangent 124 08 ** Curve Chord Bearing N 67-27-51 W 92 75 N 9122 091 E 9818 027 ** Curve Radial In N 45-31-00 W 25 00 N 9139 607 E 9800 184 Delta 46-06-19 Arc Length 20 12 Tangent 10 64 ** Curve Chord Bearing S 67-32-09 W 19 58 N 9114 610 E 9799 933 N 89-24-41 W 203 93 N 9116 705 E 9596 014 N 00-38-47 E 24 40 N 9141 103 E 9596 289 Closing Point N 9141 100 E 9596 286 ------ ------- Closure N 0 003 E 0 003 Area 6664 39 Square Feet 0 153 Acres Flle c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 11-13-1997 Plat Computatlons and Check of Autocad produced Plat MILLPARK PLACE PRD REV /5ED TRACT B ------- Bearing Dlstance Northing Easting ------- -------- -------- ------- Start N 9143 789 E 9357 876 S 89-21-13 E 238 43 N 9141 100 E 9596 291 S 00-38-47 W 24 40 N 9116 701 E 9596 016 N 89-24-41 W 204 96 N 9118 807 E 9391 066 ** Curve Radial In N 00-35-19 E 35 00 N 9153 807 E 9391 416 Delta 70-35-41 Arc Length 43 12 Tangent 24 78 ** Curve Chord Bearing N 54-06-50 W 40 45 N 9142 517 E 9358 294 N 00-38-47 E 1 27 N 9143 787 E 9358 309 Closing Point N 0 000 E 0 000 ------ ------- Closure N 9143 787 E 9358 309 .. ''"'" ...;' File c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 06-25-1997 Plat Computations and Check of Autocad produced Plat MILL PARK PLACE CENTERLINE CLOSURE ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 9092 273 E 9345 719 S 89-24-41 E 508 00 N 9087 054 E 9853 692 S 00-38-47 W 50 00 N 9037 058 E 9853 128 S 00-38-47 W 102 00 N 8935 064 E 9851 978 N 89-24-41 W 508 00 N 8940 283 E 9344 004 N 00-38-47 E 152 00 N 9092 273 E 9345 719 Closing Point N 9092 273 E 9345 719 ------ ------- Closure N -0 000 E -0 000 Area 77215 97 Square Feet 1 773 Acres Flle c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 11-13-1997 Plat Computatlons and Check of Autocad produced Plat MILLPARK PLACE PRD RAI/sED --------------- ROAD R/W ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 9143 919 E 9346 302 S 89-21-13 E 11 57 N 9143 788 E 9357 871 S 89-21-13 E 0 43 N 9143 784 E 9358 301 S 00-38-47 W 1 27 N 9142 514 E 9358 287 ** Curve Radial In N 71-11-00 E 35 00 N 9153 807 E 9391 416 Delta 70-35-41 Arc Length 43 12 Tangent 24 78 ** Curve Chord Bearing S 54-06-50 E 40 45 N 9118 803 E 9391 059 S 89-24-41 E 408 89 N 9114 603 E 9799 927 ** Curve Radial In N 00-35-19 E 25 00 N 9139 607 E 9800 184 Delta 46-06-19 Arc Length 20 12 Tangent 10 64 ** Curve Chord Bearing N 67-32-09 E 19 58 N 9122 084 E 9818 022 ** Curve Radial In S 45-31-00 E 50 00 N 9087 054 E 9853 693 Delta 264-50-41 Arc Length 231 12 Tangent -54 71 ** Curve Chord Bearing S 03-05-40 E 73 82 N 9048 372 E 9822 006 ** Curve Radial In S 39-19-41 W 50 00 N 9009 701 E 9790 317 Delta 38-44-22 Arc Length 33 81 Tangent 17 58 ** Curve Chord Bearing N 70-02-30 W 33 17 N 9059 694 E 9790 829 N 89-24-41 W 398 49 N 9063 787 E 9392 360 ** Curve Radial In S 00-35-19 W 35 00 N 9028 794 E 9392 006 Delta 89-56-32 Arc Length 54 94 Tangent 34 96 ** Curve Chord Bearing S 45-37-03 W 49 47 N 9029 186 E 9357 004 S 00-38-47 W 89 04 N 8940 152 E 9356 000 N 89-24-41 W 12 00 N 8940 275 E 9344 000 N 00-38-47 E 203 65 N 9143 912 E 9346 298 Closing POlnt N 9143 919 E 9346 302 ------ ------- Closure N -0 007 E -0 004 Area 35511 02 Square Feet 0 815 Acres <l... ... -b.l t" .~ Flle c /sm1/95-15 pck from Drawing C \DWG\95\95-15SH1 07-15-1997 Plat Computations and Check of Autocad produced Plat MILL PARK PLACE PERIMETER CLOSURE ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 8940 283 E 9344 005 N 00-38-47 E 203 65 N 9143 920 E 9346 302 S 89-21-13 E 644 00 N 9136 656 E 9990 261 S 00-38-47 W 203 00 N 8933 669 E 9987 971 N 89-24-41 W 644 00 N 8940 284 E 9344 005 Closing Point N 8940 283 E 9344 005 ------ ------- Closure N 0 001 E 0 000 Area 130940 84 Square Feet 3 006 Acres ,/ "" r '" After recording return to: Y elm Community Schools DIstrict No 2 POBox 476 Yelm, W A 98597 Attn. John Thomson MITIGATION AGREEMENT Reference No: City of Yelm ApplIcatIon for short plat SUB-8179, dated August 29,1996 Grantor: 1 2 Huddleston, John The NeIghborhood Development Group Yelm Community Schools Dlstnct No 2 Grantee: Legal Description: 10440 Mill Road SE, 1/3 mde south on Mill Road on left before 105th Street SectIon 30, Township 17N, Range 2E WM AddItIOnal Legal on page 3 of document. Assessor's Property Tax Parcel Number/Account Number: 22730220700 AddItional legal IS on page 3 of document THIS MITIGATION AGREEMENT ("Agreement") IS made thIS 17 of Marc~, 1997, between the YELM COMMUNITY SCHOOLS DISTRICT NO 2, Yelm, Washmgton (the "Distnct") and The NeIghborhood Development Group (the "Developer") RECITALS A. The Developer has submItted an application to the City of Yelm for the construction of 5 duplexes and 2 smgle famIly dwelling umts, commonly known as Mill Park Place Yelm File No sr_~ g 179, (~he "prGj~.:t") The rivje~: i~ !vcuted (;:1 property ~:iilt lie=; V"oit!1irA DiS~i1Ct bvundarie~, more partIcularly described on ExhibIt A, attached hereto and incorporated herem by reference. B The State EnVIronmental PolIcy Act, Chapter 43.21C RCW ("SEPA"), provides processes and procedures whereby major actions by state and local agencies, mcluding, but not limIted to, plat or PUD approval or the Issuance of buIlding permits, may be revIewed to determme the nature and extent of theIr Impact on the enVIronment. Impacts on publIc servIces, includmg schools, are environmental Impacts for the purposes of SEP A. SEP A reqUIres the mItIgation of adverse envIronmental impacts. C. The District's student populatIOn and growth projections indicate that the Project will have an Impact on the Dlstnct, when cumulatIve impacts of other projects are conSIdered. D RCW 82.02.020 authorizes the Dlstnct to enter into a voluntary agreement WIth the Developer for payment to mItigate the Impact of the Developer's Project. 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. Jll\JUIIIIIIIUIIJ II 3081974 Page 1 of 3 84/83/97 83 47P Thurston COI WA -r AGREEMENT NOW, THEREFORE, 10 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 SIX hundred fifty Dollars ($650 00) for each s10gle family dwellIng umt constructed and one thousand dollars ($1,000 00) for each duplex or the total sum of five thousand six hundred fifty dollars ($5,650 00) (the "MitIgation Payment") for the 5 duplexes and 1 s10gle famIly dwellIng UnIt. 3 Any extensIOn, renewal, modIficatIon or amendment to the Project that results 10 an adjustment in the number of dwelling umts shall result 10 a correspond1Og pro rata adjustment in the MitIgatIon Payment. 4 The Developer agrees that the payment of the full MitigatIOn Payment (in the amount of 51:'!.. hl:~.jred fifty d(.I:~",~ ($f)sn 00) riG'l' ~ing!e f~rr.H.i ~';; .:!~ing un]~ and one thou$:lnd dollars ($1,000 00) or five thousand SIX hundred fifty dollars ($5,650 00) for the project, shall be a conditIon of bUIld10g permIt Issuance and shall be made prIor to or at the time of building permit issuance for each s10gle famIly dwelling UnIt or duplex constructed 10 the project or at the tIme the developer sells a lot to another party for future constructIon. 5 The DIstrict agrees to record thIS Agreement after It has been executed by the partIes. 6 The Developer acknowledges and agrees that the MItIgation Payment IS authOrIzed to be used for capItal Improvements to the folloWIng faCIlItIes. PraIrIe Elementary School, Mill Pond IntermedIate School, Yelm Middle School, and/or Yelm High School and/or any other facilIties that may be affected 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 10 paragraph 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 refra10s and deSIsts from 1OstltutIng, assert1Og, fil10g or bnng10g any laWSUIt, lItIgatIOn, claIm, or challenge or proceed1Og to challenge thIS Agreement, claIm any repayment or reImbursement of funds, performance or Improvements proVIded for there1O, or any of its terms and conditions, on any ground or basIS whatsoever 9 The District hereby WaIves any objection to the Project as presently proposed. 10 The Distnct 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. 11 ThIs Agreement shall be bmding 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 10 Thurston County Supenor Court. The prevaIlIng party shall be entItled to payment of its costs and reasonable attorneys' fees. 13 ThIS Agreement constItutes the entIre agreement between the parties and any other agreement eIther wntten or oral shall be null and VOId. IIIII " 1111111 " 111111 YELM SCHOOL OIST AGR $lS SS 3081974 Page 2 of 3 34/33/97 S3 47P Thurston COI WA cr \ V EXHIBIT A LEGAL DESCRIPTION General Location 10440 Mill Road SE, 1/3 mile South on Mill Road on left before 105th Street. SectIon 30 Township 17N Land Area Approximately 3 acres Range 2E Assessor's Tax Parcel Number 22730220700 Yelm File No SUB 8179 Descnption. Construct 5 duplexes and I smgle familv home. YELM COMMUNITY SCHOOLS DISTRICT NO 2 DATED' 3/.2"/'7 ~~ a~~ I ( By. arles A. Hall Its Superintendent STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certIfy that I know or have satisfactory eVidence that Charles A. Hall 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 Supenntendent of the Yelm Commumty Schools DIstnct No 2 to be the free and voluntary act of such party for the"u.s~~ and purposes mentioned in the Instrument. /) LI \ _ ' ,,'.:',\ ,'J ,:j :'~ "?,_ GIVEN under my hand and offiCial seal thiS V') ~ ,r:!J of ~ ~;lj<-(~ J"'_,}~'1~7 "~ '-:':~"~ .- .' [l4'yJ?A.. ;-- (' i, \~jJ~:ttI ~ --; ~ NQTARY PUBLIC m and:::~ ~h~ ~fs ; .h4 WaSmiigton, resIdmg at'/V'~'.:~,.'!!,rf:iJ_~f 0nri".LA_ My CommISSIon ExpIres. ;:.. I./~, 4',14 ,}, . r":J / 0' (t I .....,... '/ .' ^'.... 'i nl .. c' ~, \ '.' , Ii · . 'I! I ,u.t.."'.. The NeIghborhood Development Group -",\q" DATED.: 6 \ \ . \ . , K-~~')~ STATE OF WASHINGTON ) )SS COUNTY OF THURSTON ) I certIfy that I know or have satisfactory evidence that John Huddleston IS the person who appeared before me, and said person acknowledged that he signed this' instrument, on oath stated that he was authonzed to execute the instrument and acknowledged It as'the applicant for Mill Parlf Place to be the free and voluntary act of such party for the uses and puq!.pse ,mentioned in the mstrument. GIVEN under my hand and offiCIal seal this /7"1"Jt. da~.l1f if~1!. , 1997 ..../ .' .~..1 . ... ",. . 11111111111111111111 II ~~:3~l ~~~ 47P Yl::I_M~el,lnnl_nTc;T AGR_$Hl ee_Thurston Co, WA o Y; RUBLIC In. and for the State of ashiJlgt9~res1ding'at-T~Jt//.vo, 7j(()l2..trtJA/~o My ~~mI,SSio~ Ex~ims; S;/ ~/ /t?9'1 , I' ',," - j-'".. i. \- " It J 'I II II Ht\i'l'