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Hard File Scanned Thurston GeoDATA Center/Interachve Map Page 1 of 2 Thurston GeoData Center Click on Map to o Zoom In @ Zoom Out Zoom Factor' r0- O Describe a Parcel o Describe a Layer o Measure Distance o Measure Area Zoom I EuJLC.ol.Jntyj{iew PAN~ T Search By' Address: Do not use road suffix (ie St. or Rd ) f Street Number (ie 921) I Street Name (ie 5th or Evergreen Park) I none I Quadrant (ie NW or SE) I 11 digit Parcel Number' I Section (ie 05182w) I Survey Target#/Name I CAPCOM Grid# (ie V-14) o DIsplay Aenal Photos o DIsplay Parcel Text Show other map layers? .:J' Redraw Only Submit I Label Parcels With? I ..:1 Cqynty Qrqil1(:\!1~~S Data [)e~c:riptioDS I H~lp I Wnqf~ N~w TGC H()!TI~ I:nfo I AssessoLQuestjons ~c;glogy Shorelinef>hotographs I 1 hur?tol1 <;:QYntLGP~ ~as~$tqi'ion H~lpfyJ " ~;r" '^~"'$ (1;:'j'v. ,l~j~.~ '.~ '" .:' You are visitor 408,771 with map request 5,353,494 since. April 24, 1998 http.//www geodata.org/scnpts/esnmap dll?name=TGCMAP&Left=1111922.00910445&Bot. 5/15/02 ~ 2001 RESIDENTIAL BUILDING PERMITS I PERMIT TYPE OF DATE NO. LOT NO. OWNER CONTRACTOR SITE ADDRESS VALUE WORK FEE 12-Jan 6539 Rhodes, Larry Dc Development 15407 107th Lp Sf; $1,400,00 Patio Cover $50 95 16-Jan 6541 40 Harr Family Homes same 15111 105th Ave SE $117,36771 New Res $1,095,50 16-Jan 6542 35 Harr Family Homes same 15039 105th Ave SE $117,36771 New Res $1,095.50 16-Jan 6543 34 Harr Family Homes same 15037 105th Ave SE $117,36771 New Res $1,095,50 16-Jan 6544 41 Harr Family Homes same 15115 105th Ave SE $117,36771 New Res $1,095.50 I-Feb 6546 Howell,W,R same 10343 Brighton St SE $5,100 00 addition $112,65 6-Feb 6548 94 Harr Family Homes same 10424 Brighton St SE $117,36771 New Res $1,095,50 6-Feb 6549 87 Harr Family Homes same 10417 Brighton St SE $96,877 74 New Res $976.39 6-Feb 6550 5 Oakwood Homes Ben Jewett Trucking 15335 107th Lp SE Mfg Home $150 00 20-Feb 6552 Prairie Park LLD B & H BUILDERS 206 4th Street $300.00 wall/ramp $23,50 I-Mar 6553 14 Harr Family Homes same 10524 Farwest Ct SE $91,057 60 New Res $935,65 I-Mar 6554 98 Harr Family Homes same 10412 Brighton St SE $118,26090 New Res $1,100.56 I-Mar 6555 57 Harr Family Homes same 15048 105th Ave SE $118,260.90 New Res $1,100,56 I-Mar 6556 33 Harr Family Homes same 15031105th Ave SE $84,189,24 New Res $887,57 4-Apr 6557 95 Harr Family Homes same 10418 Brighton St. SE $101,408,56 New Res $1,006.13 I-Mar 6560 58 Harr Family Homes same 15040 105th Ave SE $90,372,00 New Res $930,85 4-Apr 6566 114 Harr Family Homes same 10425 Red Fern Ct. $103,450.00 New Res $1,017,57 4-Apr 6567 99 Harr Family Homes same 10410 Brighton St. $118,31500 New Res $1,100,81 24-Apr 6576 5 RGD Inc, same 15434 94th Ave, SE $91,295 00 New Res $937.31 9-May 6578 108 Harr Family Homes same 10345 Red Fern Ct. SE $105,643,82 New Res $1,029,85 9-May 6579 119 Harr Family Homes same 15228 105th Ave. SE $118,31573 New Res $1,100,81 9-May 6580 112 Harr Family Homes same 10415 Red Fern Ct. SE $84,189,25 New Res $887.57 14-May 6581 2 Harr Family Homes same 15125 Brighton St. SE $105,64400 New Res $1,029.85 14-May 6582 1 Harr Family Homes same 15129 Brighton St. SE $96,877 74 New Res $976,39 16-May 6583 6 RGD same 15432 94th Ave SE $91,29500 New Res $937,31 21-May 6584 7 RGD same 15426 94th Ave SE $91,295,00 New Res $937.31 4-J un 6585 8 RGD same 15424 94th Ave SE $91,295.00 New Res $937,31 29-May 6587 3 Todd Hansen same 15913 90th Ave, SE $98,000 00 New Res $984,25 21-May 6588 2 Todd Hansen same 15915 90th Ave. SE $92,000,00 New Res $942.25 4-Jun 6585 8 RGD same 15424 94th Ave, SE $91,295.00 New Res $937,31 5-Jun 6593 9 RGD same 15418 94th Ave, SE $91,295.00 New Res $937,31 5-Jun 6594 10 RGD same 15416 94th Ave. SE $91,295 00 New Res $937.31 11-Jun 6595 4 Todd Hansen same 15911 90th Ave, SE $80,080,62 New Res $858.81 26-Jul 6596 2 Blue Feather Corp same 15523 104th PI SE $81,550,54 SFR/Townhome $869 10 26-Jul 6597 3 Blue Feather CorD same 15525 104th PI. SE $81,550,54 SFR/Townhome $869 10 4 0. 2001 RESIDENTIAL BUILDING PERMITS RECEIPT 17150 17161 17164 17165 17162 17661 17792 17793 17804 17885 17956 17959 17958 17957 18171 18007 18173 18172 18416 18723 18724 18725 18745 18746 18758 18773 18859 18813 188779 18859 18864 18863 18888 19312 19311 . .. 2001 RESIDENTIAL BUILDING PERMITS 11-Jun 6598 1 Todd Hansen same 15917 90th Ave, SE $80,080,62 New Res $858,81 15-Jun 6600 Ronnie Kemp Same 15625 92nd Way SE $25,00000 Remodel $391.25 18-Jun 6601 :--I Shannon Schaeffer Lancor Dev 15319 SE 107th Lp SE Mfg Home $150,00 27-Jun 6602 45 Boardwalk Homes same 14812 Prairie Vista Lp SE $99,969,50 New Res $998.03 27-Jun 6603 38 Boardwalk Homes same 9017 Andes Ct. SE $112,285.00 New Res $1,06704 27-Jun 6604 33 Boardwalk Homes same 9022 Andes Ct.SE $124,44100 New Res $1,135 12 27-Jun 6605 37 Boardwalk Homes same 9023 Andes Ct. SE $146,329,60 New Res $1,257.69 22-Jun 6609 21 Todd Hansen same 9013 Lealan Ct. $104,349,30 New Res $1,022.43 2-J ul 6611 20 Todd Hansen same 9017 Lealan Ct. $105,432,17 New Res $1,028.68 18-Jul 6616 63 Harr Family Homes same 15227 105th Ave, SE $101,156.00 New Res $1,000 12 30-Jul 6619 RGD same 8745 Mountain View Rd $109,13760 New Res $1,04940 31-J ul 6620 4 Gregg Crawford same 15707 SE 92nd Way $103,758,70 New Res $1,019,29 l-Aug 6621 40 Gregg Crawford same 9141 Brendan Drive SE $99,043,80 New Res $991.50 6-Aug 6622 2 Yelm Property Dev LLC same 16338 Cascadian Ave SE $78,932,30 New Res $850 77 6-Aug 6623 1 Yelm Property Dev LLC same 16336 Cascadian Ave SE $78,11000 New Res $845.00 6-Aug 6624 71 Harr Family Homes same 15339 105th Ave SE $118,315 73 New Res $1,100,81 6-Aug 6625 72 Harr Family Homes same 15343 105th Ave SE $139,036,21 New Res $1,220,27 20-Aug 6630 34 Boardwalk Homes same 9026 Andes Ct. SE $122,012,00 New Res $1,121.51 20-Aug 6631 35 Boardwalk Homes same 9031 Andes Ct. SE $137,902,62 New Res $1,210,50 20-Aug 6632 36 Boardwalk Homes same 9027 Andes Ct. SE $146,330,00 New Res $1,250.80 6-Sep 6633 117 Harr Family Homes same 10420 Redfern Ct. SE $110,009.00 New Res $1,054.30 5-Sep 6636 5 Todd A. Hansen same 15909 90th Avenue SE $92,000.00 New Res $942.25 5-Sep 6637 22 Todd A. Hansen same 9011 Lelan Ct. SE $98,000 00 New Res $984,25 24-Sep 6638 4 Yelm Property Dev LLC same 16402 Cascadian Ave, SE $93,805,00 New Res $954,88 5-Sep 6640 24 Todd A. Hansen same 8920 Lelan Ct SE $92,000.00 New Res $942.25 5-Sep 6641 23 Todd A. Hansen same 8918 Lelan Ct. SE $97,92400 New Res $983 71 5-Sep 6642 13 RGD same 9431 Prairie Wind St SE $91,295 00 New Res $937,31 17 -Sep 6648 14 RGD same 9433 Prairie Wind St SE $91,295,00 New Res $937,31 21-Sep 6650 25 Todd A. Hansen same 9012 Lelan Ct. SE $80,080,62 New Res $858,81 21-Sep 6651 26 Todd A. Hansen same 9016 Lelan Ct. SE $98,000 00 New Res $984.25 26-Sep 6652 15 RGD same 9439 Prairie Wind St SE $91,295 00 New Res $937.31 3-0ct 6655 16 RGD same' 9441 Prairie Wind St SE $91,295 00 New Res $937,31 15-0ct 6658 4 Duane & Vanessa Gray C & S Development 15339 107th Loop SE Mfg. Home New Res $150,00 12-0ct 6659 59 Harr Family Homes same 15034 105th Avenue SE $105,643.82 New Res $1,029,85 12-0ct 6660 68 Harr Family Homes same 15315 105th Avenue SE $101,156,00 New Res $1,004 72 23-0ct 6661 37 Harr Family Homes same 15045 105th Avenue SE re-issued as 6670 void void 12-0ct 6662 17 RGD same 9447 Prairie Wind St. SE $91,295,00 New Res $937,31 ~ <<.. en ~ ~ ~ ~ ~ ~ ~ \:J ~ ~ z ~ ~ en ~ """i Q Q N ) . . ". ~~~~~\~~ ~\~\~~\~~ N~~\ ~~ (<) -o:t ~f ~\\t\~\t\o ,..-< ~\~~\~\~\~ ~Nlf)NNN N~-o:tr-~N o-.o-.o-.~ r-O 0 0 ,..-<0 OO,..-<O,..-<\O~o-. ,..-< ~o-.o-.OOO Oo-.O,..-<(<)-o:t -o:tlf)V)V) V)r- r- r- ~~ C/)o-.~~~C/)~~ 0-. 0-.00000 ~~~o-.o-.o-. o-.~o-.o-.o-.o-. 0-.0-.0-.0-. 0-.0-. 0-. 0-. 0-.0-. 0-.0-.0-.0-.0-.0-.0-.0-. 0-. ~~~~;>~ ,..-<,..-<,..-<,..-<,..-<"'-< ,..-<,..-<,..-<,..-<,..-<"'-< ,..-<,..-<,..-<"'-< ,..-<"'-< ,..-< ,..-< ,..-<"'-< ,..-<,..-<,..-<,..-<"'-<"'-<"'-<"'-< ,..-< 2001 RESIDENTIAL BUILDING PERMITS 29-0ct 6663 18 RGD same 9449 Prairie Wind St. SE $91,295.00 New Res $937.31 6-Nov 6665 19 RGD same 9455 Prairie Wind St SE $91,295.00 New Res $937.31 24-0ct 6667 6 Todd A. Hansen same 15907 90th Avenue SE $80,080,62 New Res $858.81 24-0ct 6668 7 Todd A. Hansen same 15905 90th Avenue SE $98,000,00 New Res $984,25 24-0ct 6669 8 Todd A. Hansen same 15903 90th Avenue SE $92,000,00 New Res $942.25 25-0ct 6670 48 Harr Family Homes same 15143 105th Avenue SE $102,636.00 New Res $1,012,81 25 -Oct 6671 120 Harr Family Homes same 15216 105th Avenue SE $118,261.00 New Res $1,100,56 31-0ct 6673 45 Harr Family Homes same 15131 105th Avenue SE $118,315.00 New Res $1,100,56 31-0ct 6674 111 Harr Family Homes same 10411 Red Fern Court SE $105,644.00 New Res $1,029,85 15-Nov 6675 10 Todd A. Hansen same 15819 90th Avenue SE $105,436.00 New Res $1,028.68 15-Nov 6676 9 Todd A. Hansen same 15901 90th Avenue SE $104,35000 New Res $1,022.43 15-Nov 6677 11 Todd A. Hansen same 15817 90th Avenue SE $104,35000 New Res $1,022.43 20-Nov 6679 20 RGD same 9457 Prairie Wind St SE $91,295,00 New Res $937.31 15-Nov 6683 46 Harr Family Homes same 15135 105th Avenue SE $101,375,20 New Res $1,005.92 15-Nov 6684 47 Harr Family Homes same 15139 105th Avenue SE $118,261.00 New Res $1,100,56 21-Nov 6685 61 William McHattie Wilmac Corp, 9801 Ramsey Ct. SE $80,912,00 New Res $864.63 Mrg, Home & 19-Nov 6686 8 Glen Mason Bishop Contracting 15323 107th Loop SE Garage New Res $355 42 . 29-Nov 6692 10 Billy DeVore Northwest Homes 15607 104th Place SE $92,180.00 New Res $943,51 28-Nov 6693 21 RGD same 9452 Prairie Wind St. SE $91,295 00 New Res $937.31 5-Dec 6700 22 RGD same 9450 Prairie Wind St. SE $91,295.00 New Res $937,31 lO-Dec 6702 11 Margaret Jane Taylor NW Custom Homes 15615 104th Place SE $95,091.00 New Res $963,88 12-Dec 6703 23 RGD same 9444 Prairie Wind St. SE $91,295.00 New Res $937,31 12-Dec 6704 116 Harr Family Homes same 10426 Red Fern Court SE $102,69100 New Res $1,012.81 12-Dec 6705 32 Harr Family Homes same 15025 105th Avenue SE $99,82400 New Res $976.39 12-Dec 6706 118 Harr Family Homes same 15106 105th Avenue SE $84,189,00 New Res $887.57 18-Dec 6707 24 RGD same 9442 Prairie Wind St. SE $91,295,00 New Res $937.31 31-Dec 6709 62 Boardwalk Homes same 14948 Prairie Vista Lp SE $124,441.00 New Res $1,135 12 31-Dec 6710 61 Boardwalk Homes same 14946 Prairie Vista Lp SE $146,329.60 New Res $1,25769 31-Dec 6711 63 Boardwalk Homes same 14950 Prairie Vista Lp SE $99,969.50 New Res $998,03 31- Dee 6712 4 RGD same 15433 94th Avenue SE $91,295 00 New Res $937,31 31-Dec 6713 11 RGD same 15404 94th Avenue SE $91,295 00 New Res $937,91 i:- V:) ~ ~ ~ ~ ~ ~ ~ ~ ~ $ ~ z ~ e V:) ~ '"""'\ Q Q N 4 t:FJ o~ ~~~t~~~~ ~~ ~~~~~o o~ ~~~~\~~~~~~~ ~~o ~~\~ ~ -:t\O \O\O-:t-:tO'>t:FJO 00 (<)00V'l (<)0'> t:FJ N-:t \0 \0\0\0 0 0'>0'> t:FJr-r- V'l""" ....."""NN(<)(<)\O \0\0 \0\0\0\0 \0\0 \Or-r-r-r-r-r-t:FJ t:FJt:FJ t:FJt:FJt:FJ ~ ~~ ~~~~~~~ ~~ ~~~~ 00 00000000 ~~ ~~~ NN NNNNNNNN 2000 RESIDENTIAL BLDG PERMITS PERMIT TYPE OF DATE NO. LOT NO. OWNER CONTRACTOR SITE ADDRESS VALUE WORK FEE RECEIPT 4-Jan 6406 8 Rainier Gen, Development Same 16137 Vancil Loop SE $86,000,00 New Res. $900,25 13328 4-Jan 6403 82 Harr Family Homes Same 10403 Brighton St. SE $118,921.00 New Res. $1,104,20 13330 Install lO-Jan 6407 1 Keith & Patricia Breding Coastal Transport 1502 Yelm Ave, W Manf.Home $150.00 13409 24-Jan 6409 9 Rainier Gen. Development Same 16133 Vancil Loop SE $86,000,00 New Res. $900.25 13649 28-Jan 6411 85 Harr Family Homes Same 10409 Brighton Street SE $105,643.82 New Res. $1,029.83 13833 Best Finish Remodel ll-Feb 6413 NA Ronald & Gail Hills Construction 1011 Kingsview Court $103,000,00 New Garage $189,95 6415 6416 10-Mar 6420 Diana Blang Tran-NW Const. 203 Solberg $63,920,00 Addition $745.69 14369 IS-Mar 6422 28 Boardwalk Homes same 14823 Prairie Vista Lp $122,012,00 New Res. $1,121.51 14394 IS-Mar 6423 25 Boardwalk Homes same 14835 Prairie Vista Lp $122,012.00 New Res. $1,121.51 14391 IS-Mar 6424 27 Boardwalk Homes same 14827 Prairie Vista Lp $112,285,00 New Res. $1,067.04 14393 6425*see 15-Mar 6448 26 Boardwalk Homes same 14831 Prairie Vista Lp $119,685 70 New Res, $1,108.48 14392 15-Mar 6426 24 Boardwalk Homes same 14839 Prairie Vista Lp SE $137,902,62 New rRes $1,210.50 143,95 21-Mar 6427 29 Harr Family Homes same 15007 105th Ave SE $133,372.40 New Res, $1,185 12 14428 21-Mar 6428 17 Harr Family Homes same 10544 Farwest Ct SE $133,372.40 New Res, $1,185 12 14427 6429 21-Mar 6430 101 Harr Family Homes same 10406 Brighton ST SE $101,165,20 New Res, $1,004 76 14426 lO-Apr 6433 100 Harr Family Homes same 10408 Brighton St SE $115,554 10 New Res, $1,085.35 14528 lO-Apr 6434 31 Harr Family Homes same 15019 105th ST SE $115,554 10 New Res, $1,085.35 14529 6435 17-Apr 6436 Rudy Romo same 16326 Middle Rd $15,000,00 Addition $251.25 14595 17-Apr 6437 Bob Howard Construction same City Park Structure none 14-Apr 6438 14 Eva Borth Cowlitz Constr 15406 107th Lp SE $7,000.00 New garage $143 75 14577 19-Apr 6441 Francis &Jacqueline Jones Seract Group 714 Crystal Spr StNW $47,040.95 Rebuild( fire) $613.86 14635 26-Apr 6443 10 Hoel Construction Co same 16129 Vancil Lp SE $93,751.00 New Res. $954.50 14708 6444 27-Apr 6445 74 Harr Family Homes same 15403 105th Ave SE unknown New Res, $892.37 14747 27-Apr 6446 28 Harr Family Homes same 15003 105th Ave SE unknown New Res, $1,085.35 14746 2000 RESIDENTIAL BLDG PERMITS Supplement to lO-May 6448* 26 Boardwalk Homes same 14831 Prairie Vista Lp $127,188,70 6425 $319.99 14966 23-May 6454 26 Harr Family Homes same 14945 105th Ave SE $96,551.60 New Res $974.11 15019 23-May 6455 102 Harr Family Homes same 10404 Brighton St Se $119,479,50 New Res $1,107.33 15021 26-May 6456 Donald Workman same 912 Crystal Sp Rd $1,500,00 Add/,Porch $58,50 15033 29-Jun 6458 Jamie R. LeRoy Garage Etc. Inc, 204 Fourth St SE $7,268.00 Carport $147.52 15258 20-Jun 6460 18 Patricia Bell J afco Construction 15442 107th Lp SE $15,000.00 Garage $255 75 15181 remodel, addition, 8-Jun 6461 Detlefson, Thomas&Norma Taylor Design &Const 1215 Thurston Ct $10,000.00 carport $185 75 15117 13-Jun 6462 103 Harr Family Homes same 15344 105th Ave SE $117,36771 new res $1,095.50 15141 14-Jun 6463 5 Ronald Whitman same 10427 Brighton ST SE $2,500.00 patio cover $76.25 15149 deck canopy 28-Jun 6469 Mike Brown True Line Construction 1571192nd wWay SE $850,00 upgrade $34 17 15252 29-Jun 6471 20 Gerald & Kristen Boeck Properties Plus 15445 107th Lp SE Lot 20 Manufactured Home $150,00 15269 ,l{t 6-Jul 6474 Ron Hamblen Keel Construction 8945 Mtn View Rd $95,942.52 New Res $969,84 15322 7-Jul 6475 Rocky and Nicolel Marshall owner 10317 3rd St SE $29,933.90 re model $441.08 15336 18-Jul 18-Jul 6478 23 Harr Family Homes Harr Family Homes 10517 farwest Ct SE $117,312.88 New Res. $1,095,50 15430 18-Jul 6480 83 Harr Family Homes Harr Family Homes 10405 Brighton St SE unknown New Res, $1,001 17 15431 18-Jul 6480 84 Harr Family Homes Harr Family Homes 10407 Brighton St SE $117,36771 New Res. $1,095.50 15432 27-Jul 6483 Denny Thomas Koepp & Sons 117 View Dr NW $1,500,00 Shed $53,96 15567 8-Aug 6485 31 Boardwalk Homes same 14809 Prairie Vista Lp SE $124,441.68 New Res $1,135 12 15808 8-Aug 6486 30 Boardwalk Homes same 14815 Prairie Vista Lp SE $145,098.88 New Res $1,250,80 15806 8-Aug 6487 29 Boardwalk Homes same 14819 Prairie vista Lp SE $127,188.70 New Res $1,150,50 15807 20-Sep 6494 Yelm School District B& H Builders 404 Yelm Ave W $15,000.00 repair walls $251.25 16045 7 -Sep 6496 Larry Duzan same 1110 Rhoton CT $20,000.00 remodel $321.25 15973 15-Aug 6491 29 Larry & Judith Rhodes DC Development 15407 107th Lp SE Mfg Home $150,00 15857 'f. 14-Sep 6498 Ron Peck same 704 YELM AVE W $10,000.00 Remodel $181.25 16012 21-Sep 6500 86 Harr Family Homes same 10415 Brighton St SE $104,65065 New Res $1,030,80 16048 27-Sep 6502 Prairie Pk Ltd Partnership Rainier Movers, Inc 206/208 4th Street Basement $321,25 16096 6-0ct 6503 19 Harr Family Homes Harr Family Homes 10549 Farwest Ct SE $104,650.00 New Res $1,024,29 16161 6-0ct 6504 25 Harr Family Homes Harr Family Homes 14941105th Ave SE $104,650,00 New Res $1,024.29 16160 2000 RESIDENTIAL BLDG PERMITS 2-Nov 6509 64 Harr Family Homes Harr Family Homes 15235 105th Ave SE $104,650.65 New Res $1,024.29 16591 29-Nov 6512 73 Harr Family Homes SAME 15349 105TH AVE SE $96,877 74 New Res $976.39 16723 29-Nov 6513 27 Harr Family Homes same 14949 105th Ave SE $83,310 12 New Res $881 42 16724 29-Nov 6515 43 Boardwalk Homes same 14806 Praiire Vista Lp SE $112,285,00 New Res $1,067.04 16717 29-Nov 6516 44 Boardwalk Homes same 14808 Prairie Vista Lp SE $124,441.68 New Res $1,135.12 16718 29-Nov 6517 48 Boardwalk Homes same 14840 Prairie Vista Lp SE $137,902.62 New Res $1,210.50 16720 29-Nov 6518 47 Boardwalk Homes same 14834 Prairie Vista Lp SE $122,012.00 New Res $1,121.51 16719 MFG 22-Nov 6520 29 LARRY RHODES GARAGES ETC 15407 107th Lp SE $11,404.00 GARAGE $194.84 16684 29-Nov 6521 42 Boardwalk Homes same 14802 Prairie Vista Lp SE $122,012.00 New Res $1,121.51 16716 29-Nov 6522 46 Boardwalk Homes same 14822 Prairie Vista Lp SE $122,012.00 New Res $1,121.51 16714 15-Dec 6531 76 Harr Family Homes same 15411105th Ave SE $139,647.00 New Res $1,220.27 16831 15-Dec 6532 75 Harr Family Homes same 15407 105th Ave SE 130,915.00 New Res $1,171.37 16830 16340 Littleton Ave SE 19-Dec 6533 3 Yelm Propety Development same (unofficial new) 77,73540 837.89 $842.39 16849 1999 RESIDENTIAL BUILDING PERMITS PERMIT TYPE OF DATE NO. LOT NO. OWNER CONTRACTOR SITE ADDRESS VALUE WORK FEE RECEIPT 4-Jan 6204 #11 Oakwood Mobile Homes, Inc. Sound Exteriors 15330 107th Loop SE $75,700,00 Install Mobile l- $154.50 10230 ~ 6-Jan 6205 #6 Terry & Lisa Thomas Sound Exteriors 15331 107th Loop SE $75,700,00 Install Mobile l- $154.50 10253 ~ 26-Jan 6211 3 Harr Family Homes, Inc, Harr Family Homes, Inc, 15121 Brighton Road SE $71,349,00 New Residence $810,50 10495 26-Jan 6212 4 Harr Family Homes, Inc, Harr Family Homes, Inc, 15117 Brighton Road SE $73,818.00 New Residence $729,25 10497 26-Jan 6213 5 Harr Family Homes, Inc, Harr Family Homes, Inc. 15113 Brighton Road SE $100,284,00 New Residence $896 75 10493 26-Jan 6214 92 Harr Family Homes, Inc, Harr Family Homes, Inc, 15110 Brighton Road SE $101,453,00 New Residence $901 75 10498 9-Feb 6221 89 Harr Family Homes, Inc. Harr Family Homes, Inc. 15038 Brighton Road SE $71,349.00 New Residence $810,50 10759 9-Feb 6222 91 Harr Family Homes; Inc, Harr Family Homes, Inc. 15106 Brighton Road SE $73,818.00 New Residence $729.25 10760 9-Feb 6223 90 Harr Family Homes, Inc, Harr Family Homes, Inc, 15040 Brighton Road SE $101,433,00 New Residence $902,02 10761 ll-Feb 6224 6 Harr Family Homes, Inc, Harr Family Homes, Inc. 15109 Brighton Road SE $98,493.00 New Residence $885.50 10786 ll-Feb 6225 88 Harr Family Homes, Inc, Harr Family Homes, Inc, 15036 Brighton Road SE $80,345.00 New Residence $773,00 10787 5-Mar 6227 22 Keystone Homes, Inc, Keystone Homes, Inc, 16138 Prairie Creek Loop $100,970,00 New Residence $89675 10935 5-Mar 6228 23 Keystone Homes, Inc, Keystone Homes, Inc. 16140 Prairie Creek Loop $79,002.00 New Residence $766.75 10931 5-Mar 6229 19 Keystone Homes, Inc, Keystone Homes, Inc, 16132 Prairie Creek Loop $100,970,00 New Residence $896,75 10934 5-Mar 6230 24 Keystone Homes, Inc, Keystone Homes, Inc, 16142 Prairie Creek Loop $100,970.00 New Residence $896.75 10933 5-Mar 6231 20 Keystone Homes, Inc, Keystone Homes, Inc, 16134 Prairie Creek Loop $91,903.00 New Residence $841 75 10932 8-Mar 6233 33 David E. Frick E-Z Builders 10303 Parkview Loop SE $77,568,04 New Residence $545.00 10946 1999 RESIDENTIAL BUILDING PERMITS 8-Mar 6234 41 David E, Frick E-Z Builders 10329 Parkview Loop SE $70,499.86 New Residence $710.50 10948 8-Mar 6235 42 David E, Frick E-Z Builders 10309 Parkview Loop SE $70,499,86 New Residence $710,50 10947 9-Mar 6238 11 Rainier General Dev Rainier General Dev 16324 107th Court SE $74,267.00 New Residence $735.50 10962 9-Mar 6239 13 Rainier General Dev Rainier General Dev 16336 107 Court SE $78,884.00 New Residence $758.50 10963 9-Mar 6240 34 Rainier General Dev Rainier General Dev 16144 Vancil Loop SE $74,567.00 New Residence $735.50 10964 2-Apr 6253 10 Harr Family Homes, Inc, Harr Family Homes, Inc, 15037 Brighton Street SE $100,284.00 New Residence $896.75 11118 2-Apr 6256 9 Harr Family Homes, Inc, Harr Family Homes, Inc. 15039 Brighton Street SE $98,493,00 New Residence $885,50 11116 2-Apr 6259 8 Harr Family Homes, Inc, Harr Family Homes, Inc, 15041 Brighton Street SE $101,453,00 New Residence $901 75 11117 6-Apr 6260 8 Rainier General Dev Rainier General Dev 16306 107th Court SE $66,837 12 New Residence $495.50 11134 6-Apr 6261 40 Rainier General Dev Rainier General Dev 16229 Curry Court SE $74,26700 New Residence $735.50 11135 9-Apr 6267 7 Harr Family Homes, Inc, Harr Family Homes, Inc, 15105 Brighton Street SE $96,545,00 New Residence $873,00 11173 12-Apr 6250 11 Hoel Construction Hoel Construction 16125 Vancil Loop SE $89,177.00 New Residence $829,25 11185 12-Apr 6268 24 Julie Vaughn DC Development 15429 107th Loop SE $57,000,00 Mobile Home $154.50 11182 13-Apr 6272 14 Oakwood Mobile Homes, Inc. DC Development 15406 107th Loop SE N/A Mobile Home $150.00 11203 I 19-Apr 6273 6 Rainier General Dev Rainier General Dev 16232 107th Court SE $79,777.00 New Residence $762,25 11240 19-Apr 6274 3 Rainier General Dev Rainier General Dev 16305 107th Court SE $74,567,00 New Residence $735.50 11239 Install Mobile 13-May 6279 1 Oakwood Mobile Homes, Inc. DC Development 15349 107th Loop SE $59,878,00 Home $154.50 11445 Install Mobile 13-May 6280 2 Oakwood Mobile Homes, Inc. DC Development 15347 107th Loop SE $63,980,00 Home $154.50 11446 . \ \ 13-May 6281 3 13-May 6282 \ 22 ------- l3-May 6283 \ 21 13-May 6284 \ 23 13-May 6285 \ 25 24-May 6218 24-MaY l"'::'---- 6288 24-MaY \-- 6289 27 -May l----- . 6295 17 -hl1\ 6300 21-Jun f-- 6304 29-JU1\ - 6306 21-Jul l---- 6324 \~JUI 6325 13-Aug l.----- 18-Aug ~ \ 6338 19-A\1~--- \- 20-Au\!.\ ~ I 6334 6335 1999 RESlDENTlf\L BVILDING PERMITS ~SE ~SE ~SE 15433 107th LooP SE oakWood Mobile Ho1l1oS, InC. DC Develop1l1ent OakWood Mobile H01l1es, Inc. DC Develop1l1ent OakWOod Mobi\e H01l1oS, \lie. DC Develop1l1eot oakVlood Mobile Ho1l1oS, InC. DC Develop1l1ent DC Development H." Fa1l1ily Ho"",s, InC. 15118150th Coort SIl H'" Family H01l1es, 10e. 15215 Brighton Rd. SIl Ha" FamiW Ho1l1es, InC. 10210 150\h p,.ve SIl Ralph GoodVlin 10630 MU\ Road.ss. 15425 107th LooP SE Eric Didzun 16 Hart FamilY Homes, lnc, Hart Family Homes, lnc, 81 Hart Family Homes, lnc, 1~ ~urtSE ~ceSE ~ourtSE___ 16240 107th Court SE 79 ~ Judy ScheIble 19 ~arriS01\ 1 ~ General Dev 12~anet~ 5 ~ General De\1 7 Rainier General De\1 \5 Jonnie &. BeckY Tate 11 IHarr Family lIomes, Inc. DC Developm~ Rainier General Dev ~ RE 'Paigen Canst. Rainier General De\1 ~ Rainier General De\1 15418 107th LooP S13:-- $101,453,OO\NeW Residence $735.50 11950 $135.50 19951 $154.50 12244J/tSl- $902.02 12266 $735.50 122'73 $868,00 12284 .-\ DC Development Ha" Fa1l1iW H01l1es, loe. 15035 BrighlOn Street SIl 16202 currY cou~ ~ Install Mobile $56,980.00\ Home.---- ~l Mobile $53,980,00 Home Install Mobile $42,750,00 Home Install Mobile $41,900.00 Home Install Mobile $58,500,00 Home 11447 --- ~ $154.50 ~~ 1144~~ 11450 I~ --- $154.50 :.:.--- 11451_\~ $154.50 .-- $80,:J45.ool]'leVl Residenee $173.00' 1150~... \ $73,818.00 ]'leVl jl.csidenee $729.25 1}502_ $101,433.00 ]'leVl Residence $902.02 11503 / $68,847.00 ]'leVl Resideoee \ $697.05 Install Mobile $53,950.00 Home $66,837.12 ]'leVl jl.csidence $495.501 11661 $115,000.00 ]'lew Residence $966.75\ 11723 $14,267,00 NeW Residence $74,567,00 NeW Residence Install Mobile N/A Home $150.00 1~. 1165l3___~ NeW Residence ~ $96,225.00INew Residence 42 ~Dev Trans Northwest Canst. lnc, ~ Tra"' ]'lor\hwesl Const. 9803 Donovan Court SIl 6321 \ 26 20-Aug 6322 14 Trans Northwest Const. Inc. Trans Northwest Const. 9909 Donovan Court SE $120,'750.00 NeW Residence $995.50 12282 20-Aug 6323 3 Trans Northwest Const. Inc, Trans Northwest Const. 9810 Donovan Court SE $96,225.00 NeW Residence $868.00 12280 20-Aug 6326 12 Trans Northwest Const. Inc. Trans Northwest Canst. 9912 Donovan Court SE $120,'750.00 NeW Residence $995.50 12281 20-Aug 6340 1 Trans Northwest Const, Inc. Trans Northwest Canst. 9802 Donovan Court SE $112,500,00 NeW Residence $954,25 122'79 Install Mobile 23-Aug 6341 1 Tafll1l1Y Roach Western Framers 1502 Yelm Ave. West Home $154.50 12292 9-Sep 6354 10 Rainier General Dev Rainier General Dev 16318 16'7th Court SE $'79,000.00 NeW Residence $'760.50 12386 9-Sep 6348 Harr Family Homes, Inc, Harr Family Homes, Inc, 10343 Brighton Street SE $98,450,00 NeW Residence $892.3'7 ~ 9-Sep 6333 '7'7 Harr Family Homes, Inc, Harr Family Homes, Inc. 15415 105th Avenue SE $101,453.00 NeW Residence $901 '75 12383 20-Sep 6360 30 Harr Family Homes, InC. Harr Family Homes, Inc, 15015 105th Ave, SE $80,345.00 NeW Residence $773.00 12-0ct 6369 96 Harr Family Homes, Inc. Harr Family Homes, Inc. 10416 Brighton Street SE $98,450.00 NeW Residence $892.37 12569 21-0ct 6371 9 Rainier General Dev Rainier General Dev 16312 107th Court SE $66,83'7 12 NeW Residence $495.50 12694 21-0ct 6370 6 Rainier General Dev Rainier General DeV 16201 Vancil LooP SE $'74,26'7,00 New Residence $'735.50 12693 2'7 -oct 6374 4 Rainier General Dev Rainier General Dev 16239 107th Court SE $'74,267.00 NeW Residence $735.50 12'793 10-Nov 63'7'7 78 Harr Family Homes, Inc. Harr Family Homes, Inc. 15408 105th Ave. SE $101,453.00 NeW Residence $901 '75 13055 10-Nov 63'76 13 Harr FamilY Homes, Inc. Harr Family Homes, Inc. 15012 105th Ave. SE $80,345.00 NeW Residence $768.90 13054 10-Nov 6375 Mark Ziebill DC Development 1307 Crystal Springs NeW Residence $154.50 13062 -- 15-Nov 6379 5 Rainier General Dev Rainier General Dev 1620'7 Vancil LooP SE $'79,'777.00 NeW Residence $'766.75 1307'7 1-Dec 6383 24 Harr Famil" Homes, Inc, Harr Family Homes, Inc. 10511 Farwest Court SE $98,450.00 NeW Residence $892,37 13158 1999 RESIDENTIAL BUILDING PERMITS ~ 1999 RESIDENTIAL BUILDING PERMITS 7-Dec 6387 21 Boardwalk Homes Boardwalk Homes 14849 Prairie Vista Loop SE $95,140.00 New Residence $861.37 13192 7-Dec 6386 41 Boardwalk Homes Boardwalk Homes 14736 Vista Loop SE $95,140,00 New Residence $861.37 13188 7-Dec 6384 20 Boardwalk Homes Boardwalk Homes 14901 Prairie Vista Loop SE $92,732.41 New Residence $846,32 13193 27-Dec 6399 4 David E, Frick E-Z Builders 10314 Third Street SE $60,000,00 New Residence $718,25 13294 27-Dec 6398 3 David E, Frick E-Z Builders 10310 Third Street SE $60,000,00 New Residence $718,25 13295 27-Dec 6397 2 David E. Frick E-Z Builders 10306 Third Street SE $60,088,00 New Residence $718,25 13296 27-Dec 6396 1 David E. Frick E-Z Builders 10302 Third Street SE $60,000,00 New Residence $718,25 13293 28-Dec 6401 21 Harr Family Homes, Inc, Harr Family Homes, Inc. 10535 Farwest Court SE $83,310,00 New Residence $881 42 13274 28-Dec 6400 97 Harr Family Homes, Inc, Harr Family Homes, Inc. 10414 Brighton Street SE $118,921.00 New Residence $1,104,20 13275 6390 VOID VOID VOID VOID VOID VOID VOID VOID 6389 VOID VOID VOID VOID VOID VOID VOID VOID 6388 VOID VOID VOID VOID VOID VOID VOID VOID 6385 VOID VOID VOID VOID VOID VOID VOID VOID TYl'E OF RE CEIl'T 'J ALlJE ~oIU{ FEE l'ERNlIT CONTRACTOR SITE ADDRESS DATE NO. LOT NO. OWNER eW residence $630.50 0 $96,9'78,46 t'j i\dair Homes 14444 Berry Valley Rd. S13. VOID V OlD V OlD VOID Dan & Jeanette Huffmaster 5-Jan 6080 t'j/i\ VOID VOID 2'7-Jan 6083 VOID $'71,416,'74 t'j eW residence $518,00 '7888 13.-1, Building 103391'hird St. S13. 2'7-Jan 6091 11 David Frick $'71,416.'74 t'j eW residence $518,00 '7889 13.-1, Building 1560'7 ParkView Dr S13. 2'7-Jan 6093 13 David Frick $93,106.55 t'jeW residence $61'7,00 8330 14923 prairie Vista LooP S13. Boardwalk Homes, Inc. Same 20-Feb 6098 11 $110,014.50 t'jeW residence $6'79,00 8331 14921 prairie Vista LooP S13. Boardwalk Homes, lnc, Same 20-Feb 6099 12 $100,206,83 t'jeW residence $64'7.50 8332 1491'7 Prairie Vista LooP S13. Boardwalk Homes, lnc, Same 20-Feb 6100 14 $100,206.83 t'jeW residence $64'7.50 8333 14919 Prairie Vista LooP S13. Boardwalk Homes, lnc, Same 20-Feb 6101 13 $'71,416 '74 t'jeW residence $518.00 838'7 13.-1, Building 1506 parkVieW Dr S13. 25-Feb 6094 18 David Frick $'71,416.'74 t'jeW residence $518.00 ~ 13.-1, Building 1561'7 parkView Dr S13. 25-Feb 6095 16 David Frick $'75,693.09 t'jew residence $531.50 8451 R13. paigen Const, Inc. 811 Mt. ;\ire Ln, S13. 5-Mar 6103 3 Randy paigen $80,509,9 8 t'jew residence $554,0 o~ R13. paigen Const. Inc. 815 Mt. ;\ire Ln, S13. 5-Mar 6105 4 Randy paigen $81,'7'72,4 1 t'jeW residence $563.0 O~ RE paigen Const. Inc. 809 Mt. ;\ire Ln. S13. 5-Mar 6106 2 Randy paigen $118,2601 o t'jew residence $6'79.0 Ol_~ Boardwalk Homes, Inc. Same 1490'7 prairie Vista LooP 13-Mar 6111 18 $118,260 1 o t'jeW residence $6'79.00 8519 Boardwalk Homes, Inc. Same 14915 Prairie Vista LooP 13-Mar 6112 15 $93,106.5 5 t'jew residence $61'7.00 8520 Boardwalk Homes, Inc. Same 14911 Prairie Vista LoOP 13-Mar 6113 16 $138,958,60 t'jeW residence $'780, 50 8521 14905 Prairie Vista LoOP Boardwalk Homes, Inc. Same 13-M 6115 \ 19 ar 1998 RESIDENTIAL BVILDING PERMITS I:>" \ ~ 1998 RESIDENTIAL BVILDING PERMITS \ ..' $138958.60 ]'lew residence $780.50\ 8522 14909 Pra1f1e Vlsta LoOP , 17 Board",i' Homes, InC. Same 5 50\ 8617 13.l;\arl 6~ . $90441 76 ]'lew residence $83. '=...._ . es Ine 16239 Vanc,1 LnOP SE ' V' '1 &. Darlene BaW sun"se !10m, . 1 618 30.I;\arl 61\9 3 US' . $9044176 ]'leW tcsidence $835.50 8 . es Ine 16245 v,ne,1 LnOP se · V' '1 &. Darlene BaW S""fl'" Hum, . 8689 3O.l;\arl 6120 4 ugr . $70499.86 ]'lew residence $710.50 /"~ .' E,'/. Building 15624?ar\clrew Dr SE ' 7 36 Da",d E. FflC> . $71050\ 8690 9.Mrl 61\ . $70499.86 ]'lew realdence . .' I'r'/. Building 15618 par.vrew Dr SE ' ]'lew 9 ".1 61\8 37 Davrd E. FflC' h $608001 8731 . pr '\'he ]'leighbOrhOod Dev. 15537 l04th Place SE $91,250.8010wn oU'" . CreaUve H01"es, InC. ]'lew ,I 6109 7 Group $617.00 8731 13.Mr '\'he ]'leighbOrhoOd DCV' 15535 l04rh Place SE $93,833.30 townhouse ...'!:.,.- CreatlVe flomes, Inc. 14.Mr! 61\0 6 Group . $17445470 ]'lew resideuce $1,2\\6.75 8867 B&.!1 Builders InC. 9003 OySlal Spl'ngs Rd. ' VOID VOID VOID -"1/ ' KUn Gorder ' D VOID ~ 28.Mrl 6123 " n VOID VOl 1 6125 VOID VOID $99 06514 ]'lew residence $89175 9049. 16146 prairie Creek LooP , 13.l;\ay! 6127 26 Deatherage properties, InC. Same . . $83515.50 ]'lew residence $791751 9052 16148 Pralne Creek LooP , "A'\ 6128 27 Detherage Properties, Inc. Same 'd $804 25\ 9050 13.,,,ay \ . $85 81\ 42 ]'lew res' ence . 9808 Ramsay Dnve ' 31 Keystone Homes, InC. Same 25\ 9051 13.l;\ay\ 6129 . . $97271.50 ]'lew tcsidence $879. 16222 pra1ne Creek LooP , 2\\ Keystone !Iomes, Inc. Same 50\ 9116 1\ .l;\aY 1 6130 $72 975.00 ]'lew tcsidence $734. 9807 Donovan Court S13, ' 5 T dd I;\eyer Same 9188 2\\-I;\ayI 6131 2 0 . . Rd $69,18746 ]'lew residence $704.25,/."'CC-" . sunerest Builders, Inc. 16128 prarrre creek LoOP 5 17 suncrest BUllders, Inc. $ 91 75 9200 10.J",,1 613 . .' SE $139,31\ 40 ]'lew residence 1,0, B d lk !Iomes InC. 14845 praure vrsla LoOP 12 Boardwalk Homes, InC. uar wa ' 5\ 9198 \1.)""\ 6136 ..' 0 SE $1\9,468.20 ]'lewtcsidence $9)\ 7 ..- Board",l\< Hornes, InC. 14843 prall'e Vrsla Ln p TYPE Of \ \1.Junl 6137 23 Boardwalk !Iomes, Inc. \ 111'. \ woRK fEE \tECElyr I'El1Mrt . CO!'ffRA-CfOR srtE !\DDRESS vi'>L DA.TE \ NO, LOT NO. OWNER " Vista Loo\", 14902 Pralne SE " Vista Loo\", 14912 Pralne SE Y' ta LooP " lS 14908 PraHle , LoO\", SE 10314 park'llew , LoO\", SE k'lleW 10310 par '\ Meadows 15929 Qual '1 Meadows 15921 Qual '1 Meadows 1591'7 Qual "\ Meadows 15911 Qual , Meadows 15909 Qual\ , Meadows 15910 Quall . MeadoWs 15914 Qual\ '1 MeadoWs 15918 Qual , MeadoWs 15922 Qual\ , MeadoWs 15926 Qual\ '1 MeadoWS 15930 Qual , bts St. SE 16119 prairie Helg 1998 RESIDENTIAL BUILDING PERMITS e.' 1998 RESIDENTIAL BUILDING PERMITS 22-Sep 6180 44 Rainier Development, Inc. Same 16228 Curry Street SE $79,777,00 New residence $766 75 9692 VOID 6146 VOID VOID VOID VOID VOID VOID VOID VOID VOID 6179 VOID VOID VOID VOID VOID VOID VOID VOID VOID 6164 VOID VOID VOID VOID VOID VOID VOID VOID 8-0ct 6183 6 David E. Frick E-Z Building 10322 Third Street SE $71,416 74 New residence $518,00 9780 22-0ct 6187 27 David E. Frick E-Z Building 10326 Parkview Loop SE $70,199,92 New residence $513.50 9850 22-0ct 6188 32 David E. Frick E-Z Building 10306 Parkview Loop SE $77,568,04 New residence $545,00 9851 2-Nov 6191 37 Rainier Development, Inc. Same 16218 Vancil Loop SE $66,83712 New residence $495,50 9928 Riteway General Manufactured 16-Nov 6197 10 Oakwood Homes, Inc, Contractors 15315 107th Loop SE $45,000.00 home $154.50 10010 Riteway General Manufactured 23-Dec 6200 18 Patricia Jean Bell Contractors 15442 107th Loop SE $80,000,00 home $154.50 10144 I 15-Dec 6202 93 Harr Family Homes Same 15114 Brighton Street SE $101,433,00 New residence $902.02 10121 ~ I~ MILL CIRCLE RELEASE OF INTEREST ON OPEN SPACE FEE IN LIEU OF RECORD LOT # PARCEL # # Date COY RECPT # NOTES BP# DATE DONE 1 62310000100 3234817 6/2/1999 11445 COMPLETE 6279 5/13/1999 DONE 2 62310000200 3417575 3/6/2002 11446, COMPLETE 6280 5/13/1999 DONE 3 62310000300 3443540 6/26/2002 11447 COMPLETE 6281 5/13/1999 DONE 4 62310000400 3597507 11/18/2003 29330, COMPLETE 6658 10/15/2001 DONE 5 62310000500 3443541 6/26/2002 22237 COMPLETE 6550 2/6/2001 DONE6 62310000600 3202293 10253, Do not have recorded copy 6205 1/6/1999 DONE 7 62310000700 3531750 5/14/2003 25549 6914 1/21/2003 DONE 8 62310000800 3740797 6/17/2005 36871 COMPLETE 6686 11/19/2001 ... DONE 9 62310000900 3482255 Escrow 24907 COMPLETE 6601 6/18/2001 Not seen at closing, not paid, hopefully will MISSING10 62310001000 trans-nation be caught at next sale transfer 6197 11/16/1998 DONE 11 62310001100 3445052 7/2/2002 10230 COMPLETE 6204 1/4/1999 DONE 12 62310001200 3417576 3/6/2002 22192, Do not have recorded COPy DONE 13 62310001300 3600100 12/1/2003 29403 COMPLETE DONE 14 62310001400 3285602 3/29/2000 11203 COMPLETE 6272 4/13/1999 DONE 15 62310001500 3445053 7/2/2002 12244 COMPLETE 6334 8/13/1999 DONE 16 62310001600 3506988 2/27/2003 26249 COMPLETE 6920 2/13/2003 DONE 17 62310001700 3443542 6/26/2002 22986 COMPLETE DONE 18 62310001800 3199511 12/22/1998 10144 COMPLETE 6200 12/23/1998 DONE 19 62310001900 3240591 7/2/1999 11653 COMPLETE 6300 6/17/1999 Not seen at closing, not paid, hopefully will ~ MISSING20 62310002000 trans-nation be caught at next sale transfer 6471 6/29/2000 DONE 21 62310002100 3443543 6/26/2002 11448 COMPLETE 6283 5/13/1999 DONE 22 62310002200 3443544 6/26/2002 11449 COMPLETE 6282 5/13/1999 DONE 23 62310002300 3237362 11450, do not have recorded coPY 6284 5/13/1999 DONE 24 62310002400 3227989 5/3/1999 11182, COMPLETE 6286 4/12/1999 DONE 25 62310002500 3238371 6/23/1999 11451, COMPLETE 6285 5/13/1999 DONE 26 62310002600 3413747 22065, COMPLETE 6745 2/15/2002 DONE 27 62310002700 3578508 9/25/2003 28535 COMPLETE 7052 9/15/2003 DONE 28 62310002800 3454661 8/14/2002 23894 COMPLETE 6851 7/17/2002 DONE 29 62310002900 3445054 7/2/2002 15857 COMPLETE 6491 8/15/2000 ~ MILL CIRCLE RELEASE OF INTEREST ON OPEN SPACE FEE IN LIEU OF RECORD LOT # PARCEL # # Date COY RECPT # NOTES BP# DATE DONE 1 62310000100 3234817 6/2/1999 11445 COMPLETE 6279 5/13/1999 DONE 2 62310000200 3417575 3/6/2002 11446, COMPLETE 6280 5/13/1999 DONE 3 62310000300 3443540 6/26/2002 11447 COMPLETE 6281 5/13/1999 DONE 4 62310000400 3597507 11/18/2003 29330, COMPLETE 6658 10/15/2001 DONE 5 62310000500 3443541 6/26/2002 22237 COMPLETE 6550 2/6/2001 DONE6 62310000600 3202293 10253, Do not have recorded copv 6205 1/6/1999 DONE 7 62310000700 3531750 5/14/2003 25549 6914 1/21/2003 DONE 8 62310000800 3740797 6/17/2005 36871 COMPLETE 6686 11/19/2001 ". DONE 9 62310000900 3482255 Escrow 24907 COMPLETE 6601 6/18/2001 Not seen at closing, not paid, hopefully will ~ MISSING10 62310001000 trans-nation be caught at next sale transfer 6197 11/16/1998 DONE 11 62310001100 3445052 7/2/2002 10230 COMPLETE 6204 1/4/1999 DONE 12 62310001200 3417576 3/6/2002 22192, Do not have recorded copv DONE 13 62310001300 3600100 12/1/2003 29403 COMPLETE DONE 14 62310001400 3285602 3/29/2000 11203 COMPLETE 6272 4/13/1999 DONE 15 62310001500 3445053 7/2/2002 12244 COMPLETE 6334 8/13/1999 DONE 16 62310001600 3506988 2/27/2003 26249 COMPLETE 6920 2/13/2003 DONE 17 62310001700 3443542 6/26/2002 22986 COMPLETE DONE 18 62310001800 3199511 12/22/1998 10144 COMPLETE 6200 12/23/1998 DONE 19 62310001900 3240591 7/2/1999 11653 COMPLETE 6300 6/17/1999 Not seen at closing, not paid, hopefully will 6/29/2006' ~ MISSING20 62310002000 trans-nation be caught at next sale transfer 6471 DONE 21 62310002100 3443543 6/26/2002 11448 COMPLETE 6283 5/13/1999 DONE 22 62310002200 3443544 6/26/2002 11449 COMPLETE 6282 5/13/1999 DONE 23 62310002300 3237362 11450, do not have recorded copv 6284 5/13/1999 DONE 24 62310002400 3227989 5/3/1999 11182, COMPLETE 6286 4/12/1999 DONE 25 62310002500 3238371 6/23/1999 11451, COMPLETE 6285 5/13/1999 DONE 26 62310002600 3413747 22065, COMPLETE 6745 2/15/2002 DONE 27 62310002700 3578508 9/25/2003 28535 COMPLETE 7052 9/15/2003 DONE 28 62310002800 3454661 8/14/2002 23894 COMPLETE 6851 7/17/2002 DONE 29 62310002900 3445054 7/2/2002 15857 COMPLETE 6491 8/15/2000 Return Address ""f.'" City Of Y elm Cathie Carlson P.O. Box 479 Yelm, W A 98597 ,~''''' l 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 2 3 o AdditIonal names on page _ of document Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of SectIon 25 Townslup 17N, Range IE o AdditIOnal legal IS on page -L of document Assessor's Property Tax ParceVAccount Number' 21725140200 111111 11I1111111111 J ~ CITY OF YELM L 3151863 Page 1 of 3 85/86/1998 84 21P Thurston Co, IJA ~ - '....... ----- BERNARD L. PEREZ ATTORNEY-AT-LAW POBOX 930 YELM, WA 98597 (', " 2;~ i{.,.... / 1.", {L# p./ <'\ f"l 1'- r7 ~ "t. ,1 ~f ,_(~ , y / ~ (, 1../ ,.' ~')\ ,A . '" . f.../ . . j4J /' ll..l. rI' J'\ .;>t"t . ,r V V<il;7 ~1; l ') J WHEN RECORDED RETURN TO DOCUMENT TITLE REFERENCE NO OF DOCUMENTS ASSIGNED OR RELEASED GRANTOR{S) GRANTEE{S) LEGAL DESCRIPTION Declaration of Liens ASSESSOR'S TAX PARCEL ID NO. Not applicable JCH Development City of Yelm, Washington Lots 1 through 29, inclusive, MILL CIRCLE ESTATES, according to plat recorded in Vol. of Plats, pages 21725140200 ***************~******************************************** DECLARATION OF LIENS THE UNDERSIGNED owners of certain real property located in Thurston County, Washington, described as follows Lots 1 through 29, inclusive, of MILL CIRCLE ESTATES, according to the plat recorded in the office of the Thurston County Auditor in Volume of Plats, pages , under auditor's file no in accordance with the requirements of Chapter 16.14 of the Ordinances of the City of Yelm, Washington, hereby declare and impose liens in lieu of open space against each of the above-described lots as follows I. Pursuant to the terms of the Yelm City Ordinance No 16 14 070, there is required from the undersigned the total sum of $15,932.07 as a fee in lieu of designation of open space incidental to the subject development. As consideration for the deferral of the payment of said total fee, the undersigned grants, declares and imposes a lien in the amount of $549.38 against each of the twenty-nine referenced lots in favor of the City of Yelm, Washington II. Each lien created hereunder shall be payable in full, without interest, as a pre- condition for the issuance of a building permit by the City of Yelm, Washington for each of the subject lots. ""-.., ll~\\JI ~J 11111 III II I II lIlt III 11111 JI~~\ 3151863 Page 2 of 3 S5/S6/1998 S4 21P Thurston Co/ \.lA " III. The liens created hereunder shall run with the subject lots, and shall be binding upon all parties having or acquiring any right, title or interest in the subject lots or any part thereof. DATED ____lJ- \9 , 1997. JCH DEVELOPMENT, a Washington General Partnership ~~\~ ohn D. Huddles on, Managing Partner STATE OF WASHINGTON COUNTY OF ~~, ss On this ~ day of j){)\/.pJ'n'\kJf, 1997, before me personally appeared JOHN 0 HUDDLESTON, managing partner of JCH DEVELOPMENT, the partnership 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 he is the managing partner of said partnership, and that he was authorized to execute said instrument ," t"4l ". "t /1,\' ',II .p ,~\ JI/I ~ ...~' ,a ~ ,....... . I ~.. ...~ ~ .... c' Q II J.' So' ~ . .......T. ,:>"" to'. \ "', .:. ~. .....'- ..,' vf') ~ ;: 15.... ~' arAl'> ;,.. ... ~ f : .... ~ ,,"! -; t ~ ~ _ 4 . 0 .,J." r.-:"", : - ":...~, . 0 J{ ,tJf....~ ~ ~:;".:. " atn~ l,oYe,\GI-;~: ~"""%..A I :~ ~ ~v ". v ~ AC.' ~ " :,.A ~ '........p ~ _'\J .,' C3 ~ .... ..' \\!- ,f!.P l'If!." ,\ \" I 1jJ "- ,,\ =rII';// U!" ,II~ Seal 9 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written d c()t9./JYjU '~1l~10 Notary Public in and for the State of Washin.gt~n, resi~ing at&~/~ My commiSSion expires --.- JUIJL 1II111111lllllJJ 3151863 Page 3 of 3 65/66/1998 64 21P Thurston Co. \.lA Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): 1 Homeowners ASSocIatIOn 2 Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) I Huddleston, John D 2 Huddleston, Chnsta I 3 KItchen, James 3 KItchen, Frances Grantee(s) (Last name, first name, middle initial) 1 2 3 D AddItIOnal names on page _ of document Legal Description ( abbreviated: i.e. lot, block, plat or section, township, range) NE 1/4 of SectIOn 25 TownshIp 17N, Range IE D AddltIOnallegalIs on page -L of document Assessor's Property Tax Parcel/Account Number' 21725140200 111111 1111111111111111 CITY OF YELM MISe $18 ~~ 3151862 P <'tge 1 of 11 ~5.'~6.'1998 ~4 21P Thurston Co, WA BYLA.. 'VirS OF lYIILL CIRCLE COlYI1YIUNITY ASSOCIATION <A "W".A.S:HXNGTONNON-PR.OFIT ClOR.PORATION:) I. REGISTERED OFFICE.A..ND 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. lVIElVIBERSH: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 29, inclusive, and Tract A & B of Mill Circle according to the plat recorded in the office of the Thurston County Auditor in Volume _ of Plats, page _, under auditor's file no. 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 JUIJL "" "" I(J"J 11 3151862 Page 2 of 11 85/86/1998 84 21P Thurston Co, WA 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 Circle are subject to Protective Covenants of record including but, not limited to, the lien and injunctive enforcement procedures contained therein. III. DUES.AND ASSESSl.VIENTS 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. 2 jlllll~II~11 1111111111111111111111111 11111 11111111 MISC $18 SS 3151862 Page 3 of 11 SS/SS/199B S4 21P Thurston Co, WA 1. 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 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 3 11\\111 \\1\\ IIIII \\1\1 \111 \11\\\11 11\\1 III \\111 ~~ ~\ CITY OF YELM MISC 3151862 Page 4 of 11 G5/SS!lSSS S4 2lf' Thurston Co, l-IA 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 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.YIEl.YIBERS' l.YIEETINGS 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 4 11111I1111111111111111 CITY OF YELM MISC $18 aa 3151862 Page 5 of 11 65/66/1998 64 21P Thurston COJ WA so waiving shall be bound by the proceedings of any such meeting in all respects as if due notice thereof had been given. E. Quorum and Adjourned 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, JCH Development, 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 5 11111I 1111111111111111 CITY OF YELM MISC $18 aa 3151862 Page 6 of 11 a5/a6,'1998 a4 21P Thurston Co, WA called for that purpose. The persons receiving the largest number of votes shall be elected. Cumulative voting is not permitted. 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 that 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, atter 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. 6 j 111111II111 111111111111I II II II " cITY or YELM MISC $18 ~~ 3151862 Page 7 of 11 ~5,'~6/1998 ~4 21P Thurston Co, I-lA 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 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. OFFICERS A. Number. The officers of the corporation shall be a President and a Secretary-Treasurer, both of whom shall be elected annually by the 7 \ \\\111 \\1\\ 1\1\1 \\1\1 \111 \11\\\\1 11\\\ III \\\\IJl~ ~l\ CITY OF YELM MISC 3151862 Page S of 11 85/86/1998 84 21P Thurston Co! WR 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 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 elected 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. BOO~SAND RECORDS The corporation shall keep at its registered office, its principal office in the state or at its Secretary-Treasurer's office the following: 8 " "II 1111111111111111 CITY OF YELM MISC $18 ~~ 3151862 P <tge 9 of 11 ~5/86/1998 84 21P Thurston COI I-lA 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 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. LIlVIITATION OF CORPORATE ACTIVITY This corporation is organized as a non-profit corporation pursuant to RCW 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. I"X.. AlYIENI>lVIENTS 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 JU'JL '"' "" "JIIJ II 3151862 Page 16 of 11 65/66/1998 64 21 Thurston COI \.lA In witness whereof, we, being all of the Directors of Mill Circle Community Association, have hereunto set our hands this \"'" day of ~~~ ,199-=:t. ~~~~~ ~ Christa Huddleston dtW1/flvet-%L Frances Kitchen STATE OF WASHINGTON ) ) ss. COUNTY OF THURSTON ) On this ~ day of ..i) fJtf'eVlA-hf;f , 1997, before me personally appeared John D. Huddleston, Christa I. Huddleston, James Kitchen and Frances Kitchen, of the partnership 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 Officilll Seal the day and year first above written. ~\I~"fIUII"~/J .' ,\\ I\.1 , " a" ... /..1" "'...... ~. \'" . to .;: ..... or. ~~ '~~. : t; f ~':;/ ~'- ~ .r~,..<fJ ..~.:: ,', ,~~: :;. ~~ 0 ,An~.~::. ~~ :: y.;~o. (.;I-;~ ., ~ ~' ::: -,'l;~e.1._...;."Jew~...~ .J . e . ., - i 0 ,'-' t:: ..., "" , .... %.,.~,.~ '" ~ ,JfJS\"\v'::>::7 .' -::. . t. . - ~;'l r ~~! to:: 7 .~. 1J.... 00.. ,,'<!!'-r:: J~/ "'" -..1:'3- ",~', "// <: ,... ...,~....... <.',", ,........ ,'l-", lJ,.." d\ ,-' <(j.""" r \'1"-5\" " ',*" , ff, ... , tiJlI-.l'~ "tIIlUn!"'" ",,1' ~~ 11twrfU em 1 )/YLM Notary Public In and for the State of ashington, residing In 10 \ \\\111 \\1\\ \1\1\ \\1\1 \111 \11\\\11 11\\\ III \\II\\\~ ~ll CITY OF YElM MISe 3151862 Page 11 of 11 S5/S6/1SS8 S4 21P Thurston Co, WA Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): I 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 Huddleston, Chnsta I. 3 KItchen, James 3 KItchen, Frances 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) NE 1/4 of SectIon 25 TownshIp 17N, Range IE o AddItional legal IS on page _ 1_ of document Assessor's Property Tax Parcel/Account Number- 21725140200 111111~/~1~111 1111111111111111111111111 1111111111111 COlI $19 1313 3151861 Page 1 of 12 135/136/1998 134 21P Thurston Co, WA DECLARA.TION OF COV.EN.ANTS, CONDITIONS.AND B.ESTB.ICTIONS OF l.VIILL CIB.CLE The undersigned, JCH Development, a Washington general partnership whose only partners are John D. Huddleston and Christa I. Huddleston, husband and wife, and James Kitchen and Frances Kitchen, husband and wife, hereinafter Declarant, being owners of all of the following described real property in Thurston County, Washington: Lots 1 through 29, inclusive, and Tract A & B of Mill Circle, Division One, according to the plat recorded in the office of the Thurston County Auditor in Volume _of Plats, page _, under auditor's file # 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. 1 \\\\~\\~\\ ~~ \\\UU~~~\~\\~ \~\\I' C liY Of YELt1 315186:f 12 Page 2 0 &5/&6/1998 &4 21P l'hurston COI \.lR .A.B.TICLE I COVENANTS RESPECTING "USE A. land Use and Building Types. All of the lots in Mill Circle shall be used for residential purposes only. No more than one detached single family dwelling shall be constructed on each lot. 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 will be 1400 square feet. 2. Houses shall have at least a two-car garage, which shall be a minimum of twenty (20) feet in width and twenty-two(22) feet in length. 3. Houses 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) No T 1-11 solid sheet product shall be allowed for use as siding except on the sides and back of buildings where such surfaces do not face the street. The front and gable ends of the house will be covered with lap siding, decorative shingles or masonry. b) All siding products must be painted with solid body latex or oil based paint. 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 11\\111 \\1\\ IIIII \\1\1 \111 \11\1\11 \1\\1 III \\I\\\~ ~l\ CITY OF YELM COV 3151861 Page 3 of 12 65/66/1998 64 21P Thurston COI \.IA 5. No more than one (1) accessory building shall be permitted per lot and shall not exceed 720 square feet. 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 with 'two 4" conduit sleeves 18" below grade (from top of concrete drive). 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 variances as in its judgement shall permit the reasonable utilization of such lots consistent with the general plan and scheme of development herein. Such variances may include minimum square footage requirements depending on lot size and the utilization thereof. The Architectural Committee can not be held liable by other members of the association because of such variances 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 seven (7) feet to either side yard line; provided further that on a corner lot no building shall be closer than fifteen (15) feet to the side yard line on a flanking street. 3 11\\111 \\1\\ IIIII \\1\1 \111 \11\1\11 \1\\1 III \\111 \\~ ~l\ CITY OF YELM COV 3151861 Page 4 of 12 85/86/1998 84 21P Thurston COI WA E. Sight Distant at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them to points twenty (20) feet from the intersection of the street lines, or in the case of rounded property corners from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway. No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at such height as to prevent obstruction of such sight line. F. 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. G. 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. H. 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 and whose location is subject to approval by the Architectural Committee. I. 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 Circle. No type of business or commercial activity shall be conducted on any lot or within 4 JL\lILM "II III ilL III UJ 3151861 Page 5 of 12 65/66/1998 64 21P Thurston Co, WA 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 Circle, 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. J. Vehicle Maintenance. No vehicle maintenance except emergency service, shall be conducted within public view, and then only to the extent necessary to enable the movement thereof to a repair facility. K. Temporary structures. No mobile homes shall be permitted on any lot in the subdivision. No structures of a temporary character, including but 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 an~ 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. L. 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. Guests of Owners may park motor homes at the Owner's Dwelling for a period not to exceed seven (7) consecutive days in anyone month period, provided 5 111111 111111111I111111 CITY OF YELM COV $19 ~~ 3151861 Page 6 of 12 ~5!~6r'199B ~4 21P Thurston COI ~A that the Owner gives the Secretary of the Association prior written notice of the license number of the guest's motor home and the period during which it will be parked at the Owner's Dwelling. M. 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. N. 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 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. O. 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 Circle 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 6 JlJlJL 1111 11l1lUl ,\\JJ 3151861 Page 7 of 12 ~5!~6!1998 ~4 21P Thurston Co, \.lA 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. P Discharge of Weapons. The discharge of weapons within the subdivision shall be prohibited. Weapons shall include, but are not limited to, firearms, SS guns and pistols, air rifles and pistols, pellet guns, sling shots and bows and arrows. Q. 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 vehicres 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. R. Drilling and Mining. No drilling or mining in any form whatsoever shall be permitted on any lot. This shall include, but not be lim,ited to, drilling, development operations, refining, quarrying or mining and the construction of any form of derrick or structure designed for boring or mining purposes. 7 CI~ JIlt IIIIIIIIIUII J JJ 3151861 Page 8 of 12 85/88/1998 84 21F Thurston Co, l-JA .AH.TICLE II .AH.C~ITECTU~.A.L COl.VIl.VIITTEE ~ COl.VIl.VC'I:J'"N'"ITY .A..SSOCI.A..TION" A. Membership. The Architectural Committee initially shall be composed of John D. Huddleston, PO Box 1206, Yelm, Washington 98597, and James Kitchen, 14902 Vail Cut Off Rd SE, Rainier, Washington 98576. 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 Circle, 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 Circle 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 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. 8 11111I 1111111111111111 CITY OF YELM COV $19 S8 3151861 Page 9 of 12 85/86/1998 84 21P Thurston Co, WA C Mill Circle Community Association. All owners of lots in Mill Circle are and will be members automatically of the Mill Circle Community Association to be formed in conjunction with the development, so that the owners of lots in Mill Circle 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 Circle 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 S, and the storm water collection and treatment facilities located on Tract A 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 A 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. 9 lj~lltll~ljl "'I III. I II II I I~J "'~jf ~ 3151861 Page lS of 12 S5/SS/1998 S4 21P Thurstcr: Co, WA ..A..R.TICLE III lVIO: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 Circle, which instrument shall be recorded to be effective. ..A..R.TICLE :IV" TER.lVI.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 Circle has been recorded altering such covenants in whole or in part. ..A..R.TICLE "V ENF"OR.CElVIENT 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..R.TICLE "VI SEVERA."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. 10 11111I 1111111111111111 CITY OF YELM COU $19 aa 3151861 Pag~ 11 of 12 a5!aS!1998 a4 21P Thurston COJ I-lA IN WITNESS WHEREOF, we have hereunto set our hands this \\\-h day of~97. JCH DEVELOPMENT, a Washington general partnership B Christa I. Huddleston, Partner es Kitchen, Partner f' BY;~lut (, -- )<0~ Frances Ki~er ~\~~ hn D. Huddleston, Partner STATE OF WASHINGTON ) ) ss. COUNTY OF THURSTON ) On this \ ') day of1J 1J\f'" jyvJ.D{I( ,1997, before me personally appeared John D. Huddleston, Christa I. Huddleston, James Kitchen and Frances Kitchen, of the partnership 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 ",,\,\~.c,!~r'~~l~e day and year first above written .' , (). '..1/ ,,';. ,~, ~ "",,<'". <: s~ ";),/0' t.. ... ~\" ~~ f ~-:." ~"... ., ..r/;'. .~..~ ~ ;;: .';;;-tOT1J(.r-. -: :: f.' : Q '<r.~" ..;'" ~ ~... ~ Z' ' -: t.,) PI . 'UO,", ~c,.,: _- ::; 1/'1 ~ "--Let.'tO: i;- ~ -:' ~, 4:9 t".~ . t' "'." ,r.. '. '-" {]"'. I, _ \;'~.....'" '_. <9~ J ~, ,~1 ~"... '\.\.. ,'it!; / 0 F "/' c, '.\ ,." ;; .~II r: Po... - ,..' ,Pi/OIl" " ' , ~fi 1/f1 1ffY1 i rr;. Vt~ Notary Public In and for the State of Washington, residing In ~1rru My ommlsslon expires ()-::tJ,(J7) II' 111111 111111111I1111 II C ITV OF VELM COU $19 aa 3151861 P~ge 12 of 12 65,166,'1998 64 21P Thurston Co, WA BILL OF SALE THIS BILL OF SALE IS made and executed thI~~ day of~ , 19~" , by and betweenJCH Development (heremafter called the grantor(s)), and the CIty of Yelm, a MunicIpal CorporatIon (heremafter 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 followmg described property sItuated m Thurston County, State of Washmgton, TO WIT The S T.E.P system servIce lateral from the tank to the sewer mam, tank, pump and pump controls as extended from the mtersectIon of l07th 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, Washmgton, thIS~ day of~~ , 19~ :rc\\~\~ Grantor ~,~-D~ By~~~,~ ~~~~ 111111 1111111111111111 CITY OF YELM MISC $$ 66 3151860 Page 1 of 2 65/66/1998 64 21P 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 :~\lrR9,ses therem mentIoned. ,\\lllllllf 'ill, ~","~~}~ht.V.~~FY hand and seal thIS ---12- day of{) D V~ , 19 Uj'l ~ ~y.... ctt:\Ot,t to... t(\ ' ~I """'"..-.$_ ~ .f"~ 0_. 1)'4 ~,; i l<j>~QrAri""'" ~ ,;~, c::" . 0 \ ~ "". ",.- ?1f!i1," vrl ('j '^' "'i n } ,~,. & t2 tl<..~...'~ [;: r1~," I tAAJ rYl1 , I I ' t Jr IYU,L) =: ~ '\ '?lrB\"'~ ; ;;}~ I Notary Public in an for the State ~;~ '..<3'i9'00./ ~? of Washin~n, resi~mg in d;Ji ~K'A-) . ~ 0 ...... .- \'Vo-r.t) ,..' My commiSSion expires ~ --.:. L F' r-/ t> S" """ 'syMf.eWL'~~epted by the CIty of Yelm thIS 2I\JOday of ~~j2', 19.:i2 CIty of Yelm By' Director of ubhc Works 111111~/~1~11 1111111111111111111111111 1111111111111 MISC $S 88 3151860 Page 2 of 2 85/88/1998 84 21P Thurston Co, WA BILL OF SALE THIS BILL OF SALE IS made and executed thIS ~day of ~ , 19~, by and between ]CH Development (hereInafter called the grantor(s)), and the CIty of Yelm, a MunicIpal CorponitIon (hereInafter called the grantee) WITNESSETH. That the grantor(s), for good and valuable consIderatIon, the receIpt of whIch IS hereby acknowledged, hereby convey, set over, assIgn and warrant to the CIty of Yelm the folloWIng described property sItuated In Thurston County, State of WashIngton, TO WIT All water maInS together With valves, valve boxes, hydrants, pIpIng, fittIngs and all other appurtenances as extended from the IntersectIon of l07th Loop SE and Mill Road and extendIng down 1 o 7th Loop SE through out the platt of Mill CIrcle Estates. The grantor(s) hereby warrants that they are the sole owner(s) of all the property above conveyed, they have full power to convey the same, and they will defend the tItle of saId grantee agaInst any and all persons lawfully makIng claIms thereto. Dated at Yelm, WashIngton, thIS\~ day of\\.~~~, 19~ \ -:rc-~ ~~~~.ffi" Grantor ~'):)~ . By ~o.'Y\Q..~\~ ~a.~ jlflll~I~~11 11111111111111111111111111111111111111 MISC ~ 88 3151859 Pa9~ 1 of 2 85/86/1998 84 21P Thurston Co, WA STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) I certIfy that I know or have satIsfactory eVIdence that John Huddleston IS the person ,.', who appeared before me, and saId person acknowledged that he sIgned thIS :,l',.t"ffstrument, and acknowledged It to be hIS free and voluntary act for the uses and ,~ i,P,ttrposes the rem mentIoned. .~, \\\\"U'lj'{i'l J<. /-\6~'Y.~11. J!Y!fj~:,fuY hand and seal thIS ! r-" i day ofi) IJ1ff~ , 19!i1 .., ...."7. ~~\ ~ I,' f" .....$\ ~ ;'14_ < =-- .- ,,,< -tfl .,.;::...y ~,,'<' .~, clll l'> "" \ ~ . ! ~,$ 'f""~ ~ E<' 'J i ~ ''''''- : ~ g '1 OJ;rnJ f)l1);/YLf-<l ~, .'. Il~lJO'I...\{'.. .::; <~'! Notary Public in and for the State ".-':'. ~:"~"'~?,:>_~~'''~~' f " of Washin~n, resi~ing in ~ ~;~ ,~// ~ {) .... . \'0,"';:'i My commiSSion expires 6-~c__ i,.n',' /1, f h, II <;, '1\ _- .. ,~~., _ I, 'it \\' '. .w!i;;sy&t~~\~~cePted by the CIty of Yelm thIS GNO day of~C'i?;r7~, 19..:i:L hc Works \ \\~n\l\ \~n\~ \~\ \\\~l\\lU}~ll\\\\ C l1Y Of YELtl 3151859 ~ Page 2. of ~ 65/66/199S 64 21P Thurston COI WfI WARRANTY AGREEMENT KNOW ALL MEN BY THESE PRESENTS THAT WHEREAS )CH Development,(heremafter referred to as the "Owner"), has applIed to the City of Yelm, a polItical subdIVIsIon of Thurston County of the State of Washmgton, (heremafter referred to as the "CIty") for the approval by the CIty of a certam plat of a subdIVIsIon to be know as Mill CIrcle Estates, 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 m the mterest of publIc welfare that the areas so offered to be dedICated be constructed m accordance With the speCIfications heremafter set forth, and WHEREAS, m 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 m a manner consIstent With the CIty'S development regulations; "111I 1111111111111111 CITY OF YELM AGR $la aa 3151858 Page 1 of 3 ~5!~6!1888 ~4 21P Thurston Co, WA NOW THEREFORE, to mduce 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: I The Owner uncondItIonally warrants to the CIty, Its successors and aSSIgns that, for a penod 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 foregomg 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 matenals 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 nght 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 mdemmfy the CIty, upon completIon of such constructIon, the final total cost to the CIty thereof, mcludIng but not lImIted to, engmeermg, legal and contIngent costs together WIth any damages, eIther dIrect or consequentIal, whICh the CIty may sustam on account of the failure of the Owner to carry out and execute all of the prOVISIons of thIS agreement. 3 The oblIgatIons Imposed or ImplIed by thIS agreement shall not be assIgned, transferred or assumed by any person or entIty that IS not a party to thIS agreement WIthout the pnor wrItten consent of the CIty J\JIJL Ill' II II "JIIJ ~ 3151858 Page 2 of 3 &5/&8/1998 &4 21P Thurston Co, WA IN WITNESS WHEREOF, THE OWNER has executed thIS agreement thIS \ifu..d.ay of November, 1997 11\\111 \\1\\ IIIII \\1\1 \111 \11\1\\ \11\\1 III \\I\\~~ ~ll ~~~~i~:~~lP CITY OF YELM AGR Return Address City Of Yelm Cathie Carlson P.O. Box 479 Yelm, W A 98597 Document title(s) (or transactions contained therein): 1 Stormwater Facihty 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 3 0 AddItIOnal names on page _ of document 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) Lot 1 of Short Plat No 8155, NE 1/4 of SectIOn 25 TownshIp 17N, Range IE o AddItIOnal legalIs on page of document Assessor's Property Tax Parcel/Account Number- 21725140200 llllllllllllllllllllll CITY OF YELM AGR $22 88 3151857 Page 1 of 15 85/86/1998 84 21P Thurston COJ WA COMMERCIAL INDUSTRIAL AGREEMENT TO MAINTAIN STORM WATER FACILITIES AND TO IMPLEMENT A POLLUTION SOURCE CONTROL PLAN BY AND BETWEEN ]CH DEVELOPMENT ITS HEIRS, SUCCESSORS OR ASSIGNS (HEREINAITER "The Owner") AND THE CITY OF YELM (HEREINAITER "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 provIsIons 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, IncludIng, 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 facilIty mamtenance program mcluded herem as Attachment "A" 2 Implement the pollution source control program mcluded herem as Attachment "B" 3 Mamtam a record (in the form of a log book) of steps taken to rmplement the programs referenced m 1 and 2, above, The log book shall be available for mspectIon by The JUrIsdiction staff at 701- B PraIne Park Lane dunng 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. Maintenance Items (problems) lIsted m Attachment "A" shall be Inspected on a monthly or more frequent baSIS as necessary The Owner IS encouraged to photocopy the IndIVIdual checklIsts In Attachment "A" and use them to complete ItS monthly inspections, These completed checkhsts would then, m combmahon, compnse the monthly log book. \ \ll\\\ lllll \1\1\ II \ \1 \llll \I\ll\ \! llll\ II\! \lll CITY OF YELM AGR $22 aa 3151857 Page 2 of 15 G5/G6/1998 G4 21P Thurston Co, \.lA 4 SubmIt an annual report to The JUriSdICtion regardIng Implementation of the programs referenced In 1 and 2 above. The report must be submItted on or before May 15 of each calendar year and shall contaIn, at a mImmum, the followmg: a. Name, address and telephone number of the busmess, person or firm responsible for plan Implementation and the person completIng the report. b Time period covered by the report. c. A chronologICal summary of actiVIties conducted to Implement the programs referenced In 1 and 2, above. A photocopy of the applIcable sections of the log book With any addItional explanation needed, shall normally suffice. For any actiVIties conducted by paId partIes not affilIated With The Owner, Include a copy of the InVOiCe for semces. d. An outlIne of planned actiVIties for the next year THE JURISDICTION SHALL. 1 PrOVIde techmcal aSSIstance to The Owner In support of Its operation and maIntenance 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 mInImUm of one SIte VISIt per year to dISCUSS 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 Jurisdiction determInes that maIntenance or repaIr work IS reqUIred to be done to the storm water facilIty eXIstIng on The Owner's property, The JUrIsdIChon shall gIve the owner of the property WithIn whICh the draInage facilIty IS located and the person or agent In control of saId property, notice of the speCIfic maIntenance and/or repaIr reqUIred. The JUrISdIChon shall set a reasonable time In 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 nohce will be sent to the persons who were gIven notice stating The Jurischction's Intention to perform such maIntenance and bill the owner for all mcurred expenses. The JUrIschctIon may also revoke storm water utilIty credIts for the qualIty component or Invoke surcharges to the quantity component of The Owner if reqUired maIntenance IS not performed. 2 If at any time The Jurischction determInes that the eXIstIng system creates any ImmInent threat to publIc health or welfare, The JUrisdICtion may take ImmedIate lJflllt"~J~111 II/II I111 1111111 IllIfJ III1~~1 ~I 3151857 Page 3 of 15 S5/S6/1998 S4 21P Thurston COJ WA measures to remedy saId threat. No notice to the persons lIsted In RemedIes 1, above, shall be reqUired under such CIrcumstances. 3 The Owner grants unrestrIcted authOrIty to The JUrIsdIction for access to any and all storm water system features for the purpose of performIng maIntenance or repaIr as may become necessary under Remeches 1 and/or 2, above. 4 The persons lIsted In RemedIes 1, above, shall assume all responsibilIty for the costs of any maIntenance and/or repaIrs to the storm water facilIty Such responsibilIty shall Include reImbursement to The JUrISdICtion WIthIn 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 action ensues, any costs or fees mcurred by The JurisdictIon 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 bmchng on all partIes haVIng or acqUirIng from The Owner or theIr successors any rIght, htle or Interest In 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 Interest of saId property or any part thereof or mterest therem and to the benefit of all elhzens of The ]urlsdIehon. -:n:..~\:c>"..~~ ~~~~ Own /Managing Partner STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) On thIS day and year above personally appeared before me, \. )nrvn ~d1t l.-1oru and known to be the mdIVIdual(s) described, and who executed the foregomg mstptl' ' " }~nt and acknowledge that they sI$ned the same as theIr free and voluntary act and,' , ~a for the uses and purposes thereIn mentioned. \\\\IIU , I"f' ,\ \ M ".9~...":"'.Qiyen under my hand and offiCIal seal thIS Jl day of1lDVf.-WLb.ur, 19!:{l 1:.' e,(,ld (J ~,."". :,' f.~/-EJ:O. - ""'~ " -=t) , 3 !' [f1.,,~ol~fiJ-'~\;&:: (J/OrYU.. "n) lknM - ~': "".~ C'1:'1' - ,', ~ 7;, \ ~ .olJf/i:\y'-;.- ~ ~, Notary PublIc In and for the State of t~, ~.~ '-. & O'(;J ~<^~"'... Lf,,) ~~, WashIngton, reSIdIng In ~~ ~~ ~ . .....~9 v . ........ ... f /"l" (C ,:~~.,,~....~(:) "/ My commISSIon expIres ~ em ~. '#'''' ,> (}F:-"' 1'I,is '{\ \ ,"'~.'"' ~.?',.!'" 112.'''1\1 ~p ..,',;~~"" .'],,,./,j^ ~:ij1 " 111I1111111111111111 CITY OF YELM AGR $22 88 3151857 Page 4 of 15 85/86/1998 84 21P Thurston COI WA conditions to ChecK fot conditions 'fhat ShOuld E,ust l)tl1inage tI l'tob\et\\ 'tinting S....stet\\s feature '" "', ",,,m in ''''' ..., 50/. of "" ,..^"""" \\Ieeds growing in t1\ote than '}.o% of the \\Ieeds llJea, M GenetID (non{lOiSonoUS) \andscat'ed llJea (trees and shf\lbS on\)' ) >', ,,'-'" "......" ""'" ,,",,' ,,,,,", safe\)' ~d ^'" ,,,_ ,f ,,1,00 IV'! " mhO' "'<0""'" in \andsca~d llJea, M '/egetatiOn ot insect nests, See ronds Chectdist. See ronds Chectdist. 1'ta5h ot \ittet ~,of ","" '" ,,,,,,,,,.,,, .',..- M,S ~oticeab\e riUs llJe seen in \andscat'ed llJea5. EtoSion of Ground to stoW down/sptead out the watet, Etoded M,S surface llJea5 llJe {\\led. contouted. and seeded, C' b ",..'<of-" ,,.,,,, ... "" "," 1'nt\\ trees/shrUbS to testote shat'e, Ret'\ace 1'rees and shrUbS Dat\\age o~t~ken which affect t1\ote than 150/0 of the tteeslShrUbs with se'/efe dat\\age, '" total foliage of the tree Of shrUb, 'ffeeS Of shrUbS that ha'/e been blown down Of Ret'lant tree, inS~cting fOf injutY to stetn ot foots, Ret'lace if se'/ere\)' dat\\aged, M \mocked o'/ef, rlace stakes and f\lbber-coated ties llJound 'ffees or shrUbs which llJe not adeq~ate\)' )'oung trees/shrUbs fOf support, '" supported or llJe leaning o'/ef, caUS\ng exPosure of the fOOts, ~ M '" MonthlY (see schedule) S '" p&.ef t\\ajot stotfl\S ..a......d) ,\ 'rt ,\CUl'\E~ ",\" {CorrrUlUED) . 8. M.I.'...... Cbee1dlsl {or Grn..ds {Ln"dscn~l.il =--= =--::::. ~~ ro~ $~ ~ '" '" ~ua\ (Match ot "'Pm P' -4$""0(.1) ~~$~ ~$tV(J1 C;:::= ~ =' * (J1 ():) nCO 0 (J1 - ~-' ))'steU\5 \,.. ... , lVlaintcnance Cbecldist \UI ~- I 1 conditlOns'That Should E,,ust condltlons to CheCK For tI problem Replace rOC\(S to design standard, iiming prainage can see native soil beneath systemS Fetlture ROc\( \lning out of lV\tlil\tenance person the roc\( lining, po. place or missing See Catcn BlISins cnec\dlst, (if app\i~b\e) See eatcn BlISinS cnec\dist. See abO"e for Ditches, 'laries Catch bllSinS See abO"e for pitcheS, d be replanted 8f\er S~es 'rf9Sh &. debris 'J egetation ma'i nee to M,S See abO"e for pitches, cleaning. sediment builduP en d mulch bare arellS. M G"" ",,",, ,. ...... "" ~,~ "'" '" Mrate soils and r~se an nUnirnutn of 6 inches , '~s heIght at a oed 'J egetation not Ma1f\taU\ treatment Remo"e 'H 'i \'It\ -with 'HOOd'i "egeta ' for best stOr1\'l'Hater d d lIS necessar'J M gtovn,ng or o"ergto gtov;th. recontoUf, an resee o'\'trgrowt\ see 1'onds Chec\dist. E,rosion daxnage to See pondS Chec\dist, , 'th ho1t\eo\'lt\er and re<\uest M,S slOPes S_M' b" "", ",'" In '" hi"''"' '" .""" If \,osslble, speak 'H\ d contact Citj to conversion by that s'HlUe area ~ restore, fi d "oluntarll'i 'Hoodpi\e, s\\f\lbbe1)', etc, re\,ort \,rob\em If not recti e lV\ \\01t\eo\'lt\er to be needed to chec\(. gr&de~, incompatible use d . n s'HlUe or {\0'H ve\ocitj is vef'J p.. surve'i ma'i '\ .5% range if posslb\e, \f Grades need to be \1\ d d ains ma'i need to S'HlUe does not 'VJ ater s\af\ S I \ grade is lesS than \ a/a, un er r s\o'H Stagnation occurs, po. drain be ~ed, \ M .. Monthl"1 (see schedule) S .. f'J\er malor stof1l\S . " _."ferred) ~ p.. .. p..n;ua\ (Marcb ..... a>. -0 (J:) '5 (.."!).. . ~ -;z;..g - I./lco 0' ....."'- ~ 0- ::::l $ coCfJ ..,woO' c.? cp'" -.1 . _' caM\1.~ "~' ,cor<fll"l~) n.oS swales) ~ conti~ ~, ,~ _'_0'. D.,eoes.' 0 "..- ,P' *.. ~!!!!! $~ - ~5\~(.o.) ,c ......."g .... ~~ro(J1 ~....... .... 0'- ::< u:> -.J CO n~o(J1 '? (Z)....,-...I ::c~.- :D p.:) (Jl .- -u ATTACHMENT "A" (CONTINUED) 7. Maintenance Checklist for Conveyance Systems (Pipes, Ditches, and Swales) Timing Drainage tI 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 Dumping 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, accumulation of non-degradable materials such as glass, plastic, metal, foam, and coated paper, M Sediment buildup Accumulated sediment that exceeds 20% of the Ditch cleaned of all sediment and debris so that design depth, it matches design, A 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 major storms :;:'5; ~CN ,;: ....... o.Q ...... ~~o'[J01 ........... ...... 0- ::l ~ roC):) "CO 001 ? (Z> ..,""" ::c~- ::D ro UI - -U ATTACHMENT "A" (CONTINUED) 6. Maintenance Checklist for Fencing/Shrubbery Screen/Other Landscaping Timing Drainage t/ Problem Conditions to Check For Conditions That Should Exist Svstems 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 V, inches of plumb. 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, Teusion 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 V, inches between posts, between posts, A Extension arm missing, broken, or bent out of Extension arm in place with no bends larger shape more than I Y2 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 through, ---. KEY. A = Annual (March or April preferred) M = Monthly (see schedule) S = After major storms ("""") -. -i -< Cl '""T"\ -< M r- ::3: X!; ro = (ZJ 3' 5: ;?(.r.) ~ "-..~...&. ~~t[o01 .-"-.. ...&. 0- ::5 (D (Dca ("""")~o01 ? (ZJ ..., """ ::c -J>. _ ::D ro UI - " ATTACHMENT "A" (CONTINUED) S. Maintenance Checklist for Energy Dissipators Timing Drainage t/ Problem Conditions to Check For Conditions That Should Exist Systems Feature A Rock pad Missing or moved Only one layer of rock 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 Accumulated 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 isual evidence of water discharging at Trench must be redesigned or rebuilt to water property concentrated points along trench (normal standard, Elevation oflip 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 flows 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 Timing Drainage II Problem Conditions to Check For conditions That Should Exist Svstems Feature M \!lsects When insects such as wasps and bO\1\ets \!lsects destroyed or re\1\oved from site. contact interfere with maintenance activities, or when Cooperative Extension Service for guidance. mosquitoes becOme a nuisance. A Tree gt'owth Tree gt'owth does not alloW maintenance 'frees do not hinder maintenance activities, access or interferes with maintenance activity SelectivelY cultivate trees such as aldetS for (i,e" slope mowing, silt removal. or equipment firewood, movements,) If trees llIe not interfering with accesS. leave trees alone. M Side slopeS of Erosion on berms Check llIound 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., damage over 1 inches deep and where there is rock reinforcement, planting of grass, potential for continued erosion, compaction. M Storage llIea sediment builduP Accumulated sediment that exceeds 10% ofthe sediment cleaned out to designed pond shape in pond designed pond depth, Buried or partiallY and depth; pond reseeded if necessary to control burled outlet strUcture probablY indicates erosion. significant sediment deposits, A pond dikes Settlements AnY part of dike w\lich 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 standllIds, overflow! in mea 5 SqullIe feet or larger, or any exposure spillway of native soil. One Emergency overflow missing Side of pond has nO llIea with IllIge rOCks to Contact City for guidance, 'tUne overflow! handle emergency overflows, snillwav A.TfA.Clll\1E~'f "A." (CO~'flN\JED) 4. 1>\ol.le.o.<O CheetdlSI!or yo.ds - ~ ~ A '" Annual (MIlIch or AFro prefetted) M'" Monthly (see schedule) s '" After malor stormS :;'~;'(.U c ........~ .... ~$itl(J\ -........ .... 0"'- ~ w ...-(;fJ n % <z>(J\ ,?<z>o-.l ...,."'" $:: ...- :D ~ 1-" -t a> -0.,... '::5 U\ !J.' "': s::: "-~ - ~$roO' ~___ .,.JI. 0"'- ~ $ ...-0:> <><;1:>"'-0' '2 a> ~ -.l ~ $rv"'- ...- (..n -0 A Tf ACHMENT ., A" (CONTINUED) 4. Maintenance Cbecklist (or ponds riming Dminnge v Problem Conditions to Check For Conditions That Should Exist S'IstenlS Feature M.S Geneml Trnsh & debris DU\llpi1\g of yard wastes such as grass Renlove trash alld debris and dispose as builduP in pond clippings and branches into basill. Unsightly prescribed by City Waste Management Section. accumulation of Ilon_degradable materials such as glass. plastic, metal. foam and coated paper, M.S Trnsh Tllck Bar screen over outlet more than 25% covered Replace screen, Remove trllSh and debris and plugged or by debris or missing. dispose as prescribed by City Waste missing Management section, M poisonoUS Any poisonoUS vegetation which may Remove poisonoUS vegetation, 00 Ilot spray vegetation constitute a hazard to the public, Examples of chemicals on vegetation without obtailling poisonous vegetation include: tansY ragwort. guidance from the Cooperative Extension poison oak. stinging nettles, devilsclub, Service and approval from the City M.S Fire hazard or Presence of chemicals such as natuml gas, oil, Find sources of pollution and eliminate them, pollution and gasoline, oblloxioUS color, odor. or sludge Water is free from noticeable color, odor. or noted, contamination, M Vegetation not For grassy ponds. groSS cover is sparse and For grasS)' ponds' selectively thatch. aeTllte, and growing or is weedy or is overgrown, for wetland ponds, reseed. Grnss cutting unnecessary unleSS overgrown plants are sparse or invasive species are dictated by aesthetics, For wetland ponds' present. Wetlnnd ponds must be kept wet ., hnndplant nursery-grown wetland plants in bare water frequently in sunl\ller areas, Contact the Cooperative Extension service for direction on invasive species such as pUT1'le loosetrife and reed canary grass, pond bottoms should have uniform dense coverage of desired plant species, tv! Rodent holes Any evidence ofrodent holes if facility is Rodents destroyed and dam or berm repaired, acting as a dam or berm, or any evidence of Contllct the Thurston County llealth Department water piping through dam or beml via rodent for guidance. holes, ~ A'" Annual (March or April preferred) M '" Monthly (see schedule) s '" After nlajor stonns :;!5i~(.r.) c -.......s:.-" ~~""01 ..... -..... -" 0- ::5 00 _ctJ o~r>.)01 '?<z>o~ .$>."'" ::E:: _ ::0 ~ ___n """'I:' ATTACHMENT "A" (CONTINUED) 3. Maintenance Checklist for Catch Basins and Inlets - continued... Timing Drainage v 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 vel!;etation than six inches apart, KEY. A '" Annual (March or April preferred) M '" Monthly (see schedule) S '" After major storms :;!~;?CI) c.......~...... ;].$<\'01 s-;::; ...... ? $ .....(1:) (")<;0<.<>01 !?a-o-i >..., ~ ..... .......~ U1 "..0' AClIl'1ENT · A" (CONTJr'UEDl ). M.I.t...... Cbeeldlst (or eoteb BasinS ..d Inlets conditions to Check For conditions 'that Should E.xist 'fiming Drainage II Problem s\lstems Feature NO trash or debris located itf\ll\ediatel'i in front 'ff1lSh, debris, and 'frash or debris in front of the catch basin M.S oenenU opening is blocking capad\)' b'i more than of catch basin opening. Grate is kept clean and sediment in or on alloWS water to enter, basin 10.;.. Sediment or debris (in the basin) that exceedS NO sediment or debris in the catch basin. Catch M \/3 the depth from the \)Ottom of basin to basin is dug out and clean. in\lert of the lowest pipe into or out of the basin, 'frash or debris in any inl.et or pipe blocking wet and outlet pipeS free of trlISh or debris, M.S more thll1\ \/3 of its height. StrUctural damage cotner of frame extends more than 3/4 inch FraIUe is even with curb, M to {ran\e andlor past curb face into the street (if IIPp\icable,) top slab '\'op slab has holes lal'ger ~an ~ sC\~e incheS 'fop slllb is free of holes and cracks. M or cracks wider than \/4lnch (mtent lS to make sure a1\ material is rurtning into the basin,) Frame not sitting flush on top slab, i,e., FraIUe is sitting flush on top slab, M separation of more than 3/4 inch of the frame from the top slab, cracks in basin Cracks wider thll1\ If, inch and longer than 3 Basin replaced or repaired to design stand~ds, ^ wa1\sJ\lOttotn feet, an'i e'lidence of soil particles,entering Contact a professional engineer for evaluauon, catch basin through cracks. or maintenance person judgeS that strUcture is unsound, Cracks wider than V) inch and longer than 1 NO cracks more than \/4 inch wide at the joint ^ foot at the joint of any inl.etlout\et pipe or ~'i of inl.etloutlet pipe, e'lidence of soil particles entering catch basln through cracks. .~. , __"~"\lle) S '" p..t\er major stormS '~ ^ '" Nmual (MaI'ch or Mnl preferred) M",M ,'it ::;! 3i "J' CiJ c ~,-..o --L. ~~<D01 -c-I"" ~....... ...... 0'- ~ 00 .-CC ("")~-J>.01 ~=o-...J -J>.'" ~ro- .-Ul -U ATTACHMENT "A" (CONTINUED) 2. Maintenance Checklist for Control StructurelFlow Restrictor (structure that controls rate at which water exits facility) Timing Drainage .... 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 Structural 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 plumb.) 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 nine, designed, KEY. A = Annual (March or April preferred) M = Monthly (see schedule) S = After major storms ~ 5; ;'(.U c ........ \,Q .... ~~ro01 ~-..... ~ 0- =' i.D _ CO n ~ '-"01 ~(Z>o-...j ~...., $ no... tn - -0 ATTACHMENT "A": MAINTENANCE PROGRAM 1. Maintenance Checklist for Closed Detention Systems (pipesrranks) Timing Drainage t/ 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, Example: 72-incb 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 Tank/pipe bent out Any part of tank/pipe is noticeably bent out of Tank/pipe repaired or replaced to design. of shape, shape, Contact a 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, mechanism not maintenance person with proper tools, Bolts working into frame have less than V2 inch of thread (may not apply to se1f1ocking lids.) A Cover difficult to One maintenance person cannot remove lid Cover can be removed and reinstalled by one remove after applying 80 pounds of lift, 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, KEY, A '" Annual (March or April preferred) M '" Monthly (see schedule) S '" After major storms RETURN ADDRESS Please print neatly or type information Document Title(s) li4+- QI/vtThr ~t-( - Reference Numbers(s) of related documents Additional Reference #'s on page_ Gran tor( s) (Last, First and Middle Initial) _M~L\ \ OJvi' le g~~+es ~C 11 ~~latJm&M- Additional grantors on page _ Grantee(s) (Last, First and Middle Initial) ~C Additional grantees on page _ Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) ....1>/ ,J" ~i",' Additional legal is on page _ Assessor's Property Tax Parcel/Account Number 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. 11111I 1111111111111111 CITY OF YELM PC $12 a6 3151855 Page 1 of 5 a5/66/1998 64 21P Thurston COJ ~A NO 00040664 LIABILITY $100.00 FEESIQO.OO CmCAGO TITLE INSURANCE COMPANY a corporation, herein called the Company, GUARANTEES JCH DEVELOPMENT, A WASHINGTON GENERAL PARTNERSHIP 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. LIABILITY EXCLUSIONS AND LIl\fiTATIONS 1 No guarantee is given nor liability assumed with respect to the identity of any party named or referred to m Schedule A Qr 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 30, 1997 Dated. By Please note carefully the liability exclusions and limitations and the specific assurances afforded by this 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 "II 1111111I11111111 CITY OF YELM PC $12 SS 3151855 Page 2 of 5 S5/SS/1998 S4 21P Thurston Co, I-lA 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. Liability, $100.00 Tax: $8.00 Dated, SEPTEMBER 30, 1997 Name of Assured. JCH DEVELOPMENT, A WASHINGTON GENERAL P ARTNERSIDP Order No.. 00040664 Fee: $100.00 Total. $108.00 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 which is fully set forth in under the recording laws, impart following described real property' LOT 1 OF SHORT PLAT NO. SS-8155, AS RECORDED ON SEPTE.MBER 27,1995 IN VOLUlVIE 2459 AT PAGE 612. UNDER AUDITOR'S FILE NO 9509270177 IN TH1JRSTON COUNTY, WASHINGTON Title to said real property is vested in: JCH DEVELOPMENT, A WASHINGTON GENERAL PARTNERSHIP Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority EXCEPTIONS: 1 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 mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, 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 rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description. Subdivision Guarantee Page 1 JUI It 1111 1111 It IIIL JJ 3151855 Page 3 of 5 a5/a8/1998 a4 21P Thurston COI ~A SUBDIVISION GUARANTEE SCHEDULE A (Continued) Additional Exceptions: 4 GENERAL TAXES AND CHARGES. FIRST HALF DELINQUENT MAY 1, SECOND HALF DELINQUENT NOVEMBER 1 YEAR. 1997 GENERAL TAXES AMOUNT BILLED' $799.52 AMOUNT PAID' $39976 AMOUNT DUE, $399 76 TAX PARCEL NO 21725140200 TCA NO 170 ASSESSED LAND VALUE. $56,800 00 5 DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF GRANTOR, TRUSTEE, BENEFICIARY AMOUNT DATED' RECORDED' RECORDING NO JCH DEVELOPMENT TRANSNA TION TITLE INSURANCE COMPANY FIRST COMMUNITY BANK $500,000 00 JUNE 5, 1997 JUNE 6, 1997 3092054 6, DEED OF TRUST, AND THE TERMS AND CONDITIONS THEREOF GRANTOR, TRUSTEE, BENEFICIARY AMOUNT DATED' RECORDED RECORDING NO JCH DEVELOPMENT, A WASH, GENERAL PARTNERSHIP TRANSAMERICA TITLE INSURANCE CO JOHN HALL DOTSON & MARILEE E. DOTSON $190,00000 SEPTEMBER 29, 1995 SEPTEMBER 29, 1995 9509290266 SAID DEED OF TRUST HAS BEEN MODIFIED BY INSTRUMENT RECORDED' RECORDING NO JUNE 6, 1997 3092055 SAID DEED OF TRUST HAS BEEN SUBORDINATED BY INSTRUMENT BY AGREEMENT DATED' RECORDED' RECORDING NO JUNE 3,1997 JUNE 6, 1997 3092069 Subdivision Guarantee "'11I ""11I1" " 1111 CITY OF YELM PC $12 SS Page 2 3151855 Page 4 of 5 S5/S6!1998 S4 21P Thurston Co, WA . ~ SUBDIVISION GUARANTEE SCHEDULE A (Continued) 7 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN AND' RECORDED' RECORDING NO PURPOSE, YELM COMMUNITY SCHOOL DISTRICT NO 2 JCH DEVELOPMENT MARCH 1, 1996 3016733 MITIGATION FOR YELM SCHOOLS AND COSTS RELATED THERETO 8, TERMS, COVENANTS AND PROVISIONS CONTAINED IN EASEMENT RECORDED SEPTEMBER 12, 1995 UNDER AUDITOR'S FILE NO 9509120031 9 QUESTIONS RELATING TO THE LOCATION OF FENCE LINES AS DELINEATED ON THE FACE OF SHORT SUBDIVISION NO SS-8155 RECORDED UNDER RECORDING NO 9509290265 10 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN SHORT SUBDMSIONNO SS-8155 RECORDED' SEPTEMBER 29, 1995 RECORDING NO 9509290265 - END OF SPECIAL EXCEPTIONS - NOTES. (a) THE LEGAL DESCRIPTION SUBMITTED HAS BEEN MODIFIED AS SET FORTH HEREIN TO COMPLY WITH THE PRESUMED INTENTION OF THE PARTIES TO THE TRANSACTION THE SAME SHOULD BE EXAMINED AND APPROVED BY SAID PARTIES PRIOR TO CLOSING MK/JAM Subdivision Guarantee Page 3 llflll~I/II 1/111 II/II 1111 1111/11 111111111 "'I I III YELM PC $12 SS 3151855 Page 5 of 5 S5/S6/1998 S4 21P Thurston COI WA ~ tm OF YflM .. REVENUE ,JOURNAL 04/30/98 08:02 PAGE 000 000 000 000 00 00 00 THRU 999 999 999 999 99 99 99 04/01/q8 THRU 04/30/q8 . ACCOUNT HU~8ER DESCRIPTION OA TE POST REFERENCE AMOUNT TRAN REC I JUDICIAL INFO SYS RCW 2 68 040 04/13/98 661 41 01 8727 . 001 000 000 386 q7 00 00 0001 MAR 98 001 000 000 386 99 00 00 SCHOOL ZONE SAFETY 04/13/98 0001 MAR 98 606 38 01 8727 RECEIPT TOTAL 20,236 51 Q 401 000 000 343 40 00 00 WATER SALES 04/14/98 0001 WA TE R 3,924 59 01 8728 412 000 000 343 50 00 00 SEWER SERVICE RATES 04/14/Q8 0001 SEWER 4,107 19 01 8728 RECEIPT TOTAL 8,031 78 - 001 000 000 576 00 24 00 MEDICAL INSURANCE 04/14/q8 0001 REFUND OVRPYMT 40 00 01 8m .. 412 000 000 535 10 24 00 MEDICAL INSURANCE 04/14/98 0001 REFUND OVRPYMT 40 00 01 8729 RECEIPT TOTAL 89 99 04/14/98 8730 .. 401 000 000 3(3 80 01 00 WATER HOOKUP FEES 0001 780 00 01 402 000 000 389 09 00 09 CONSUMER DEPOSITS NON-REVENUES 04/14/Q8 0001 80 00 01 8730 403 000 000 343 80 00 00 OTHER UTILITY FEES & CHARGES 04/14/98 0001 100 00 01 8730 . 404 000 000 343 80 34 00 ERU FEES 04/14/q8 0001 1,409.00 01 8730 412 000 000 343 50 01 00 SEWER HOOKUP FEES 04/14/98 0001 1,840 00 01 8m RECEIPT TOTAL 4,299 00 .. 6 001 000 000 322 10 00 00 8UILOING PERMITS & INSPECTIONS 04/14/98 0001 603 50 01 8731 001 000 000 322 10 00 00 BUILDING PERMITS & INSPECTIONS 04/14/Q8 0002 612 50 01 8731 .. 001 000 000 322 10 00 00 8UILDING PERMITS & INSPECTIONS 04/14/98 0003 51 50 01 8731 001 000 000 322 10 00 00 BUILDING PERMITS & INSPECTIONS 04/14N 0004 51 50 01 8731 001 000 000 322 10 00 00 BUILDING PERMITS & INSPECTIONS 04/14/98 0005 114 50 01 8731 .. 001 00i 000 322 10 00 10 8UILDING PERMITS & INSPECTIONS 04/14/q8 0e06 114 50 01 8731 001 000 000 345 81 00 00 PLANNING DEP FEES, ZONING ETC 04/14/98 0001 97727 01 8731 001 000 000 345 81 00 00 PLANNING DEP FEES, ZONING ETC 94/14/98 0002 Q7727 91 8731 .. 001 000 000 345 83 00 00 BLDG DEPT PLAN REVIEW FEES 04/14/98 0001 150 88 01 8731 001 000 000 345 83 00 00 81DG DfPT PlAN REVIEW FEES 04/14/Q8 0002 153 13 01 8731 001 000 000 386 00 00 00 BUIlOING CODE FEf 04/14/98 0001 4 50 01 8731 001 009 000 386 00 00 00 BUILDING CODE FEE 04/14/98 0902 k~ 4 50 01 8731 .. 120 000 000 344 85 00 00 FEES - OFF-SITE TRANS IMPROVE 04114/98 1101 ~ fo? J'l1 757 50 01 c 8731 120 900 000 344 85 00 00 FEES - OFF-SITE TRANS IMPROVE 04/14/98 9902 Qp{1 J.. 757 50 01 8731 ... 412 000 000 343 80 90 00 SEWER PER~IT FEES f4/14198 9091 125 90 91 8731 412 000 000 343 80 00 00 SEWER PERMIT FEES 94/14/98 9002 125.00 01 8731 RECEIPT TOTAL 5,580 55 . 412 099 000 343 50 91 09 SEWER HOOKUP FEES 94/14/98 0001 6,570 00 01 8732 412 000 009 343 80 00 00 SEWER PERMIT FEES 04/14/98 0001 821 25 91 8732 . RECEIPT TOTAL 7,m 25 001 000 000 345 81 00 00 PLANNING DEP FEES,ZONING ETC 04/14/98 0001 COUNTRY STOR/O R 750 00 01 8733 41 RECEIPT TOTAL ld- 750 00 991000 009 345 81 00 00 PLANNING DEP FEES, ZON ING ETC 04/14/98 '''') ~:;;,,--,~ 1.46' 5. 91 8734 41 RECEIPT TOTAl (e..felse~~+'Sf-469 54- 118 000 000 347 q0 00 09 FEE COLLECTIONS "I" /" "" NfIGHBGRHOOO Of V ( 3,469.54 91 8735 . RECEIPT TOTAL ~OI.J1vL h CLue- 3,469 54 1 oCJ blL l' '/~/)~l1o~rA C'/~) pc)~j/c'C 'fOs1/oL.v~(.)G '-i7J f/I.-l!tlVJfj :t1~1, s-t- 4 . ". _'. '_.~''"____.~ .J:t__..___ .___..._.~ _ ..r:.__ ' . u.._ _ '" 'm6~HHEDESK OF ..' ..~ , CATHIE CARlfON :.. . '. 3/2> f1(!~. B 360-458-8408 . FAX 360-458-4348 .. EMAIL carls9n@yelmfej com. , 1" I I I in;-;" , i &: II , , ' , " ' , ",..., ;m.Cn._.. p....-'-...'T " "!.~" , ... . . ~ \ /'. - \' : ' l , . . .' . , ' , . .. . , ' , \ : : :.. . . . . . . , ,," , . . . . , . . , ' , , . .' . ' ,....:._.......,j......_..m..+ .+.. ,. . . . , . - , ~ ~ RECEIPT No. 08734 RECEIVED ****VOID1<..,.. t5L RECEIVED FROM NEIGHBORHOOD DEV DAT~ 04/~4:/98 REC, NO, 8734 AMOUNT 3 . 469 . 54,- CHECK MISCELL~NEOU~ ~ECEIPT SHARI ~ WRONG LINE ITEM RECEIPT No. 08735 ~ h RECEI~~D*THREE ~HOUSA~b FOUR HU~DREP' ~:r~~Y 'NINE pc>I"LARS &54 CENTS REF NO AMOUNT 3.469.5'4 REC, NO. 87~5 DAT~ 04Il4/98 CHECK RECEIVED FROM NEIGHBORHOOD DEV MISC~LLANEOU$ R~CEIPT SliARI PUT INTO CORRECT LINE ITEM 1 \~ . ,.u~t1 rum, eg .1 ;:s 'W .~ ~ (l) u, ...~ 0 .$ l;lIHIM " " IH~ ~ 9' .. ! ,......~ .0 \i\Ju; i fitlnt . III .1:. .0 ;:s DEC~TION OF CO"V"ENANTS, CONDITIONS AND :R.EST:R.ICTIONS OF ::.LVI:ILL CI:R.CLE The undersigned, JCH Development, a Washington general partnership whose only partners are John D. Huddleston and Christa I. Huddleston, husband and wife, and James Kitchen and Frances Kitchen, husband and wife, hereinafter Declarant, being owners of all of the following described real property in Thurston County, Washington. lots 1 through 29, inclusive, and Tract A & B of Mill Circle, Division One, according to the plat recorded in the office of the Thurston County Auditor in Volume _of Plats, page _, under auditor's file # 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 ~TICLE I CO"VEN".A..:N'TS RESPECTIN"G "USE A land Use and Building Types, All of the lots in Mill Circle shall be used for residential purposes only. No more than one detached single family dwelling shall be constructed on each lot. 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 will be 1500 square feet. 1 2 Houses shall have at least a two-car garage, which shall be a minimum of twenty-two(22) feet in width and twenty-two(22) feet in length. 3. Houses 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 sides of the house shall be covered with lap siding The front and gable ends of the house will be covered with lap siding, decorative shingles or masonry b No T 1-11 solid sheet product shall be allowed for use as siding except on the sides and back of buildings where such surfaces do not face the street. c. All siding products must be painted with solid body latex or oil based paint. d 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. 5 No more than one (1) accessory building shall be permitted per lot and shall not exceed 576 square feet. The exterior paint and roof 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. 2 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 seven (7) feet to either side yard line, provided further that on a corner lot no building shall be closer than fifteen (15) feet to the side yard line on a flanking street. E Sight Distant at Intersections. No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between two (2) feet and six (6) feet above the roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them to points twenty (20) feet from the intersection of the street lines, or in the case of rounded property corners from the intersection of the street property lines extended. The same sight line limitations shall apply on any lot within ten (10) feet from the intersection of a street property line with the edge of a driveway No tree shall be permitted to remain within such distances of such intersections unless the foliage line is maintained at such height as to prevent obstruction of such sight line F 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 G 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, TCI Cablevision and Washington Natural Gas Company 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. H 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 3 on any lot within the subdivision with the exception of satellite dishes that are 24" in diameter or smaller. I 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 Circle 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 Circle, 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 J Vehicle Maintenance. No vehicle maintenance except emergency service shall be conducted within public view. K Temporary Structures. No mobile homes shall be permitted on any lot in the subdivision No structures of a temporary character, including but 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 L. 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 4 M 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 N 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 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. O. 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 Circle 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. P 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. 5 Q. 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. R 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 construction of any form of derrick or structure designed for boring or mining purposes 6 ~TICLE II ~C:a:ITECT'V'"R.AL COl.VIl.VIITTEE .ANI>> COl.VIl.VIU'l..VITY .A..SSOCI.A..TION A Membership. The Architectural Committee initially shall be composed of John 0 Huddleston, PO Box 1206, Yelm, Washington 98597, and James Kitchen, 14902 Vail Cut Off Rd SE, Rainier, Washington 98576. 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 Circle, 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 Circle 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 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. 7 C Mill Circle Community Association. All owners of lots in Mill Circle are and will be members automatically of the Mill Circle Community Association to be formed in conjunction with the development, so that the owners of lots in Mill Circle 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 Circle 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. The Association shall be responsible for maintaining the common areas shown as Tract B, and the storm water collection and treatment facilities located on Tract A 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. Subject to the provisions of Article II A and B herein, the Community Association shall have the power to appoint the members of the Architectural Control Committee. The Association shall have a lien against any lot in the subdivision, except unsold lots belonging to the Declarant, for any charges and assessments that are not paid when due Any unpaid charges or assessments shall bear interest at 12% per annum If such charges or assessments shall not have been paid within 6 months after they have become due and payable, then in addition to the remedies set forth in the Articles of Incorporation and Bylaws, the Association may proceed by appropriate action to foreclose the lien in the manner of foreclosing materialmen and labor liens or homeowner association liens under the law of the State of Washington. The lien for such unpaid assessments shall attach as of the date the assessment becomes due. In such foreclosure action, the Association shall be entitled to recover the cost of any title search, court costs and all attorney fees associated with recovering such unpaid charges and assessments. Any first mortgage liens placed upon any of the lots which are recorded in accordance with the laws of the State of Washington shall be from the date of recording of such mortgage, superior to any such assessments and liens provided for herein that may be levied by the Association subsequent to the date that the mortgage is recorded. 8 ~TICLE III l.VIO:DIFIC.A.TION" OF COVEN".A.N"TS These covenants may be modified by an instrument in writing signed by the owners of 75% or more of the lots included in Mill Circle, which instrument shall be recorded to be effective .AR.TICLE IV TEH.l.VI .A..N":D CON"STH."UCTION" 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 Circle has been recorded altering such covenants in whole or in part. .AR.TICLE V EN"FOH.CEl.VIEN"T 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 .AR.TICLE VI SEVEH.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 IN WITNESS WHEREOF, we have hereunto set our hands this _ day of ,1997 JCH DEVELOPMENT, a Washington general partnership By: By John D Huddleston, Partner James Kitchen, Partner By By: Christa I. Huddleston, Partner Frances Kitchen, Partner STATE OF WASHINGTON ) ) ss. COUNTY OF THURSTON ) On this day of , 1997, before me personally appeared John D Huddleston, Christa I. Huddleston, James Kitchen and Frances Kitchen, of the partnership 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. Notary Public in and for the State of Washington, residing in Yelm. My commission expires 8/29/00 10 BYLA. "'WV"S OF 1V.I:ILL CIRCLE C01V.l:1V.I:UNITY A.SSOCIA.TION (A. 'WY'AS:a:INGTON NON-PROFIT CORPOR.A..TION:> I. REGISTEREDOFFICE.ANI:).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. lYIElYIBERSH: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 29, inclusive, and Tract A & B of Mill Circle according to the plat recorded in the office of the Thurston County Auditor in Volume _ of Plats, page _, under; auditor's file no. , 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. 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. I 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. Dues and Assessments. 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 Circle and its articles and by-laws E. Applicability and Enforcement. All lots and Tracts of Mill Circle are subject to Protective Covenants of record including but, not limited to, the lien and injunctive enforcement procedures contained therein III. 1VIE1VIBERS' 1VIEETINGS 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 2 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 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. IV. DIH.ECTOH.S 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, JCH Development, 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. 3 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 other place and at such time as may be determined by the directors. 4 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. 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. v. OFFICERS 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 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 5 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 elected 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. VI. 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 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. 6 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 VII. LIlYIIT.A.TION OF CORPOR.A.TE .A.CTIVITY This corporation is organized as a non-profit corporation pursuant to RCW 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. VIII. .A.l.VIENI>lYIENTS 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. In witness whereof, we, being all of the Directors of Mill Circle Community Association, have hereunto set our hands this _ day of ,199_. John D. Huddleston James Kitchen Christa Huddleston Frances Kitchen 7 City of Yelm 105 Yidm Avenlie West PO Box 479 Yelm, 'Washiflgton 98597 (360) 458,,3244 \ , \ Date To .From Re ' November 19, 1997 Mayor Wolf an5~ qt>.Lihcil Members Gathie 'Carlso~ity Planner Case SUB:978204-YL '" LIST OF EXHIBITS. Exhibit I - Mill Circle Estates'Final Plat Map Exhipit 11- Preliminary Plat Conditions of Approval' STAFF REPORT- SUMMARY STATEMENT AND,DEPARTMENTRECOMMENDATION. 'Staf(recommenqs the City Council approve Mill Circl~' Estates Final Plat based on th,e follOWing ,findings and conclusions " ), ' , BackQround, The applicant received preliminary plat approval from the City,on July 24, 1996,to develop the , site in three phases with a total build out of 29 'single family. units with conpitions of approval Phasing o'f the project was reqUired,because, of limited sewer capacity How~ver, the applicant has requested a trans.fer of'eleven sewer hook-ups from another parcel Qwned:by the applicant. The transfer of seyver hOokups would, allow the final plat to, be constructed in one phase A. ,FindiriQs. " ". 1 Proponent. Neighborhob'd DevelQpmen19roup Jphn Huddleston \, 2 Location Westside'of Mi'1I Road just south of Mill Pond,Schooh Tax Parcel 21725140200 '(,.. , 3' Open Space - Condition 3, The applicant proposes the ope" space fee in lieu of be, paid for' as each lot is building permit'issuance Section 16 14 060C allows for. the City'to defer 'payment -, of the fee in iieu of in this manner when a property lien is recorded against each lot. The applicant has provided'the legal doc;:ur'nents for the .lien and tHey'wtli be recorded with t~e final , plat. " 4 Sewer Connection. Condition of Approval.5, The applicant has requested' the transfer "of e'leven sewer hook~ups from f:mother site owned by the appiicanf Based on the transfer of sewer hook~,ups the all lots in the plat would have ,access to the current sewer capacity and would not need to develop i,n Phases T,he applicant has. provided,proof of ownership of the parcel he is transferrinQ the s~wer capacity from 5 Conditions of Approval 1,2; 4; 6 - 1 0, Th~applicant has sl.:lccessfully completed and complied With ,these requirements of the preliminary plat approval . @' Recycled paper MILL CIRCLE ESTATES Page 2 B. PLANNING COMMISSION ACTION. The Planning Commission held a public hearing and considered the final plat application on November 17, 1997 The Planning C9mmission f9und the applicant has completed all conditions of approval ofthe preliminary plat al1d unanimously recommends the Final Plat be approved C. COUNCIL ACTION. The City Council may' approve the project as forwarded by the Planning Commission, approve the project with modifications or deny the project. -0.. 1-<( m~ II- X:) Wo.. ...J <( Z u.. CITY OF YELM PRELIMINARY PLAT OF MILL II M SL ,,,. OF fie fIC ,,,. OF SLC_'" ___ 17 ....11<, -- , wr. ..... _----'11 --------- -----:" CIRCLE \ \ , \ , \ \ , 0" ..... If , .:.:.... ca.o . ..- __~----------- /' ,_ ,'.!JS..N ... S~"OOi .-~~- __ ,_---' ..,,,.,i';'-- ., -~ ?'o ~:~~ ~: ~ = = =~-':::: -: ~ ~::-. - - :::::: =: = = == = -- , " .r""'~---' ,-----. ' , ---_...~-_._--_......., , -- -. .' , " ..--."j \ \ ~ IJ1 20 ~ 21 ~18 19 ! --- " " " \ \ \ ", \.I~ \ "' , \ , \ 't6 \ ~ \ 21 , , ~ , I , \ \ n, \ \ 1 \ \1 \ 15 \ !\ \ 1\ \ \ 1 \ ----" , '16 , , , 31 \ ~I 24 \ \ \ \ \ \ ,.. I '50 \ , \ \ \30 \ I J II! \ I \ \ \ ,.. \ \ \ \ 2g \ , t , , , , ... \ , \ , , \ , \ , \ '28 \ I; \ \ \ , \ .... , r--_ /' / \, '...... " '..................---- Il. / " " ...., 6/ .... .... ~ --- ESTATES s mJ'fr c _DO 14' MVA1r Ift:W) IHJ u1IJrr E.A.SDCHT It(CC/IIIIDQ) &.lfrIlClD' ALQlDf'S FU NO. IKW) IItL It QmC4tm o VERTICAL DATUM MEAN SEA LEVEL (MSL) CITY OF mJl SEWER DATUII SQOiIWIJ(: usr QlARJP S[encw Z$ "'" OF 5"" """'" azv.. JH,.... -;'0.300 ~ loOT D a.' aA H'J. 12'$ A,f NO. ,~'M 21:"2$f ICCJCJ 0 2~ 50 I ,.. 3 I .. ',' I~ ~ iJI 8 ~ ~. ~, r' ,,, ,,-~-.. t1 / I.. I .', 5 I!I/ '~ q; :..... JI SC.ALE: I'-~O' ....- ' 100 ~ J' N ",z'",- W JJJ. .. VICINITY IIAP SCAlE ,.., /Z WtLE fOtn-t A~ LEGAL DESCRIPTION 1.Df I tW ctn" '" m.v aHOIlf pur NIl 1145 &&'CO&DD UHD&:R Auz:vro.n 1IU M:l. 1Jil5OII7O,,.,., teL HU 01' eXNJ:/W. lNXX ,M;~ au. JUIX1ID1 0' fflUIlnON COUJn"'2: wUlllNt1fDN. PLAT DATA JJW t# 1'DfAL ~ A' JJ:R1;S lNCU1Dl1IC pur .,.tDS -- NtIDII or umt :D JJW or OI'DI ~ II) I&US ru.ar.E ~ LDIa1H - 1530' +/- SIWLI:I1" LOr: e4OO_1T. AVIR.6aZ ~ ..., _ n. ~ :I.' IJItm I'D ACIU UTIUTIES ~ 1'1JQn roRlt m.&:PHO.U- m.M' ftUPHOIa "WIlt em" 0' mJI SAJUrMY Sl'1'D r.t1'D' crrr 0' n::IJI God' r.uKJNQT'OlI HAftmAJ. OAS ., .~.,r. 0":''' C ":'~ ~. .?:L!.! s.~~1' ?:.;..T NO .~ 55 (f) ~ ... .... .,-,. \ W \ .... I I- AND STORM \ I I .... \ , \ .... ....8, <( , DRAINAGE \ ~, 1 0 ' =, , I- - 11 9 "" !! (f) ,. W EASEMENT , ................ \ , , W .... , , , , , ...J , , , , 0 JO , , . , " \ 1. , - 0:: I I~---..._ _DO .... , I 'It. N "'2'4.1'" w , , 0 TfJ: I I ----..... \ , .... I .... , I I ~or 1.-...0.' !T...... tD. !otJ. '''''J05;)1~ 21:"2~"'J~~ .... ", I , , , ...J UHDC I \ \ ~ \ , , I ...J I ....____ \ '" \ '~ ' I , \ \ , , '~ ~ \ .... - , -- ...., , \ \ \ , , , ""... 8 ~ co ~ .. OWNER/DEVELOPER JCH DEVELOPIIENT P,O, BOX 1206 YELJI, IrA, 96597 DPtIII _/dltf N "'2'4J'" W JJUO 1J. N 41U.4.3'".. 7K11J E, TRUE & ASSOCIATES PROFESSIONAL LAND SURVEYORS lara coo.r JIA U '.o..,z 101 n:z.v r.waHQ7Q1l N5I'7 ... --- $ IS{ JIll ---1 , I 1 ",I , I 1 I , I , I Lt)' CIlI &! ~ ~I it ~,; ~I~ I.. I 1 I 1..1 I.. "I '" :~ :~ , ~. r~j I (~j ~~ I ;~ I 1 I 1 I 1 I 1 I 1 I "', II JO 2~ City of YellD 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 206-458-3244 November 4, 1997 Mr John Huddleston POBox 1206 Yelm, WA 98597 Re Final PlaUor Mill Circle Estates eJoM Dear Mr HUdd~n, / The City has completed its review of your application for final plat for Mill Circle Estates. 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 Confirmation from the Public Works Department that all items on the punchlist have been completed to the City's satisfaction, the as-built engineering drawings are to the City's satisfaction and payment of plan review fees 2 Bill of Sale, one each for water and sewer The Bill of Sale must be formatted in accordance with Thurston County requirements 3 Warranty Agreement formatted in accordance with Thurston County requirements 4 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 5 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 to the City The Manual must be formatted in accordance with Thurston County requirements 6 The Declaration of Covenants must be formatted in accordance with Thurston County requirements 7 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 Mr JohnHuddleston November 4,1997 , Page 2 . 8 I have returned the plat closures to your surv~yor for a minor change Plea$e ,have .these returned by the above stated date 9 Proof of your ownership ofthe "McFall" property I have enclosed the Thur$ton County formatting requirements for'your convehiencelf you have any 'questi,;n, please contadtmeat 458-8408 ' ~?C:;!Y, , () fJ ,. (fl~ lJAf~ Cathenne Canson . " City Planner cc: Ken Garmarm Shelly Badger I " ~ .-' ;), KEVIN J O'SULLIVAN Assessor 0--""-- t.rf\,'@@lJlu\\n TC;' -,r~.,;0 I' . I ..---.;;::;::1 \'!J 1.5 1I ) 'I Ii, / ",I ',' ,,', I, \' 1'" r' 'II J" ,ih II - 51997 Iii 11:1 i ih H,!iI Ll u IV/ ~_.c:;1 JOHN F BOYD Deputy THURSTON COUNTY L ..-..~..----_._-.. . FFICE OF THE ASSESSOR _\~~~--=--~_.--.-~. SINCE 1852 MEMORANDUM November 3, 1997 TO CIty ofYelm FROM Thurston County Assessor's Office RE FINAL PLAT OF MILL CIRCLE ESTATES 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 B PLEASE INCLUDE ROADWAY DEDICATION LANGUAGE ON FACE OF PLAT C REVISE MAP TO FILL LINE TYPE FOR SLY LN OF LOT 6, ROADWAY, AND NL Y LN OF LOT 7 DO NOT INCLUDE NL Y LINE OF LOT 2 SS-8l55 ON FACE OF PLAT -"\ S'gnature- M1-/;J aefj.b.L3/J'-"~~ 2000 Lakeridge Drive S.W., Olympia, Washington 98502-6045, (360) 786-5410; FAX (360) 754-2958; TDD (360) 754-2933 * ~33 Recycled Paper ~ SkiLLiNGs" CONNOLLy INC. :;JI CONsulTiNG ENGiNEERS October 30, 1997 #97007-149 City of Yelm PO Box 479 Yelm, WA 98597 A TTN Ms. Catherine Carlson RE PLAT CHECKS Dear Ms Carlson The Plat of Mill Park Place has been checked for accuracy of Right-of-Way and lot closure It was found that radius C10 is not tangent to the south line of tract "B" If changes are made to correct the radius, L2 will also need to be revised There are no other changes to the plat map, however, the Mill Park computation check has a discrepancy in the road closure Radius C11 is represented as a 25' radius The plat shows a 50' radius The road closure check is not accurate If you will look at the dates on Lot 8 and lot 9 closure and compare them to the road closure date, it is obvious that the radius changed and the check was not updated for road closure This affects the Right-of-Way area by 0 011 acres The Plat of Mill Circle Estates has been found to have accurate Right-of-Way and lot closures minus the distance label for the north boundary line The sum of the distance labels for lots 6, 7, 8, 9, 10 and tract "B," plus 4364' to centerline, minus 5397' back to property line, equals 505 03' The distance label 504 90 is 0 13' short of the total. If you have any questions, please do not hesitate to call me at 491-3399 Sincerely, SKILLlNGS-CONNOLL ~ INC. Consulting Engineers --;Z-- c () cS- ~4~,-:?",~c<6 ~~~2t2==- Travis Sater Engineering Technician TS/jk (r'\project\ 1997\97007 -149\platck.doc) Enclosures CIVIL. TRANSPORTATION. ENVIRONMENTAL PO BOX 5080 LACEY, WAs~iNGTON 98509-5080 }60/491-n99 FAX491-}857 E-MAil skilliNGS@T~URSTON.COM ]CH . Deve!opment ServlC8S> Creators of Qua[it~ Environments October 29, 19~7 {---'0f-~'T 0..-..1tll..~A~" ~"""""'LJ --""-..&. ....IJ"'....L CIty Planner PO .Box 4 79 Yelm, WA 98597 Dear Cathy, Please transfer eleven ERU's from the "McFall" property located on Cullens Road to our Platt known as Mill ()rcle Estates on Mill Road.. ThIs transfer of eleven ERU's wIll allow us to complete our entIre Plattcombmed With the eIghteen ERU's already assIgned to MIll CIrcJe Estates. Further, thIS leaves pne ERU for each of the four remammg lots at Cullens Road property Thank you for your help and,assIstance on th~s matter Please don't hesItate to call If you have any questIons. Smcerely, ~ ct:n ~~uddleston ]CH Development nv POBox 1206, Yelm, WA 98597 Phone (360) 458-9106 FAX (360) 458-9105 \ / _""""'''' '.,r.~~ City of YelDl 105 Yelm Avenue West POBox 479 Y elm, Washington 98597 206-458-3244 PLANNING DEPARTMENT DATE October 21, 1997 APPLICANT John Huddleston, Mill Circle Estates CASE NUMBER: SUB-978204-YL PROJECT LOCATION On the west side of Mill Road and south of Mill Pond School PROJECT SUMMARY Final Plat - a 29 lot single family subdivision 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 , CITY OF YELM PRELIMINARY PLAT OF MILL CIRCLE ESTATES ~' \ IN TNt sr 1/' OF ".. lit '/' OF src_ ... 10"'_ 17 HCRIH. RAHC€ 1 CloST. ,.... .. __ ) \~,__~'." f~~ ,;' ~"ro., _ /- ---------;;;.-/;/ ,-"" -- "- '" ~,;--- -- ,--<-----=======------------ - /-'> ..~..--"~~'"'"'"--~_.. -~C c:;':~-::=-~:~ ;,;~~:::~~~~~~b~:;-- --:_-: ;~;-=~~ - --- - -; ~/ ..::>/.-;' - - - ~ ----"'- =-:=- - - - --+- - - - - - -- n I n - ~ , - I- I \ \ \l18 70 \ I '<1 \ I \ ~ \ \ \ \ \ \ \ 70, JC'~ ...ca:sS t:ASEJJEN T LOTS 1a .. 1~, \ , 't \ \ ;. I~ 17 \ 119 , \ ~ 1,6 , , \ o ~ ~ n 116 \ \ \ 15 u ~ L[l ." '" !:; '" ~ DRAINAGE EASEMENT '0 ~H'~A:n:c 2;;'25420;O~ I ~-- I / -..... I, I \ I - I ---.....\ \ 77 19 \ , \ , , \ \ t \ , ii' I \ \ \ I '\ , \ \ \ \ \1 ~\ 1\ \ , _or 14'\1:1-' !l;.A NO. \ \ \ , IJ7 20 ~ 21 / / ! 2 2 1~:,23-// ~ .- / / / I , , ~I 31 \ 24 I \ \ \ ,.. I 150 \ \ \ \30 \ I ) \lQ \ I \ , \ a8 I I / ... \ \ \ \ 29, \ , r , , , , ". , , \ , , \ , I \ \ '28 \ \.. \ \ \ , \ , \ \ \ \ \ 11\ I \ \ ,,1,0 ' , , .> \ I \ \ 9 "~"~I , :;: '-8\ , , , ., , \ , , I,. , , , , \ ,. ...!J. '0, '0, , '<;. , , , I ", '1;., , , N 8912'4J- W 5<40.00 \ 2i;'2~"'i~O() \ \ , , , , , , , , ~. ~JD.}.,~O,"!I '~'" '\. '6r , \ J' VICINITY MAP sCAI.E 1. - t/2 iAlt.E ~ ~ SC/o.LE. ,"-50' ....- -' o 25 50 100 ,,. 3 I ~ t:l 1 .~ 6 'J' 8 <, 4 lQl'" " ~ -~2__ r~ .- i:: / I.. / ." 5 lQl/ ~; I09TH ,l,Y[ LEGAL DESCRIPTION wr I OF crrY 01' 'IELIl SHORT pU.1 NO. 8155 RECORDl:O lM)ER AUDrroR'S m.z: NO. SI;50821'Ot17. K:lL 2.uii or G&HEIUL INDEX. PAGE 8J2- ru:coRDS OF THURSf'ON COUNTY. _JSHlNG'/ON. PLAT DATA A.REA OF TOTAL Sl'TS: 8.5 JJ:RES INCWODiG pu.r RDJ.DS ZON!HG: R-4 HUWHR Qr LOTS: 3::1 AnA. OF OPEN SPACe 0 ACRES puBUC ROADS: LI1'lGffi" Z'3O' + /- SJU.Ll,EST!.Or. B400 SQ.1"T. AVPACE LOT. ~ SQ. n. DDlSlT't. :tQ IJ1m'S PER ACRE '2' UTILITIES .- .- .- "',---~6/ ~ ELECfJUCl'M': puaE'T ponR tuEPHON~ YEUI TELEPHONE SErEIt em of' Y$Ui SAllrrARY SErfER w..nR" clT'f or YUJI GAS: wA.SRJliGt'OH HAnJRA.L GAS " '.... ..........-.....---- J' H Bi'Z'4J- If JJJ," D5 0:: ~:-:U.! S:-:C8T ?~.A: :,.;Q 0: ~ VERTICAL DATUM MEAN SEA LEVEL (MSL) CITY OF \'ELM SEWER DATUM BENOiWAftK: u.sr QUMTrR SEcnON 25 ~ OF 5/8~ ROJAR fl.EV." .)6.4.4' H SIl'2'4J- Vi JII.20 ,r, '~'.,;.JQC: 8 ~ OWNER/DEVELOPER JCH DEVELOPMENT P O. BOX 1206 YELM. WA. 98597 " , \ \ , \ , , 4<.. ~ 8 ~ 7.. ~ N a".,.z...J" 11' nJ~.7i E. TRUE & ASSOCIATES PROFESSIONAL LAND SURVEYORS J8225 COOK RD. Sf P.o.. SOX goa YEUl 'IASHING1'OH ~ 3M 4M-2U4 :..0: 9 0-' !f..A NJ. .29.'$ "'. MJ. Il~JC~"'IOi :l'l:':t~'l~~3 ~ CC1lt'TOtIRS nxr DEVELOPED FOR pumNG OHLY, UAC't LOCATIONS OF I EUVA'TfOH DATA lH AREAS 0' DETAILED STOlUIYAnR JU;1'EH71OH, tn:. wUST BE eouHD.Ul' sUR'rSY IS PERFORJWJ. $ ~{ "', --1 I I I 201 I I , \ I I I \ iJ1' (;]1 0\ !!:\ q >-41 ~ >-4 ~ ~li:! ~\ .~ 8 I~ I I \ 1-. J I.. I c. .:,: I r.;1 r.; :;-' I :;: ,: I :>: I \ , \ , I I I , I 20 2 30 25 . HEC~IVI;D' 'J' 'I; ~. '^' SEVE'N HUNDliEP FIFTY , -- REcElvepFRoM ' SGH DmVeLQPME~T ' ,JOH~r fmDDL~S10N PO :SOX 1 4:06 YE:.EiH yTA9BS'97 45'$-7312 :?,~\'O. , l' ,S91 coCi 2-1-, . \\ 1\ '~'. . \(Bl\'J' QO'LLGl\A'}(' 0QtE~TS ' ~j\. DAT~ 10f2'l./ 97 ;REC,.NO, :~923 RI:CEIPT f\JO~ 0'692.3 AMOUNt 7,50'.00 FINAL PLAT - HILL CIRCLE ESTATES. PROJECT #SUB-97-8204-YL .1 ~H$.C;~t'~A.NEJ-trU'S HECEIPT , , 'IJANA ' :CHi'H~i-~ REf NO. ' 3$94 " ~ I~~ 0' THE p~~1 ~ ~ Subdivision Name Date of Preliminary Plat Approval CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE ONLY Fee $71:)D ~ Date Received 10. 2/.4 7 By &~~~ File Noo <)j je/f7~D4iL APPLICATION FOR Final Plat Fee $75000 OCT 21 1991 (In addition, any professional service charges '\/ ()'." yc LM per Resolution #358) C \\1 r r:. MIL.L C II?. c..'-~ G:.5 -rA IE S A (}t;oST 5; 1996 SUBDIVIDER -:JOUN i-IUDDLES-rOtJ Name SURVEYOR lE". ~V€- ~ AsS 0 c... , Name P.O. BOX IZOtP Address Po. Box 9o~ Address YG.I-M I \/VA. 9B59i . 1--5B - 910(:;, Phone Y~LfV\. \AlA gesq7 , 456 - Ze>94- Phone PROPERTY OWNER(S) ENGINEER .:Tc..H D E\/ELOptvJEN-r Name .5, cl-tA Wi B€.~L.A'N t. A$S~c. }NC. Name p. 0, 'BC>X , z...Ok:, Address 677 WOOD LANP .$Q '- p. S '€.. Address 'Y-t::.LfIVl J ,AlA, '9 BS9/ 4SB - 9JO~ Phone LAND USE BREAKDOWN (Calculate to the Nearest Hundredth) Total Acreage 10. (PO Number of Single Family Residential Lots Z 9 Number of Commercial Lots 0 Smallest Lot Area E; 3 60 Sf..ft Total Acreage in Open Space 0 , Length in Public Streets "Z't-52> Length in Private Streets 0 LACEY) ,/VA 985(>3 -34'05 @hf::)) 4-93 - roOOz. Phone Number of Multifamily Residential Lots 0 Number of Industrial Lots 0 Average Lot Area 99"30 Fee in Lieu of Open Space J/~ 932,07 Total Acreage in Public Streets .:3~ 02- 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. \0/ ~ ~r ':( ll~ VA 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 ~rtificate 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 eas~ment, 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. Acknowledgment of persons filing the plat. 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 Yz" 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 I Checked by {I.L....- Date 10/ '-7 I~ 1 Submitted Missing .,/' ~ ,,/ ~ V ~.- ~ ~~ ~ -;::jJfF V ........-- v v v v i./" l/ v- v V / ,/ \,/""" v ~ L-/ l./ L./ ----- .....-- '",. o - - <, File c /sm1/95-17 pck from Drawing C'\DWG\95\95-17SH2 10-20-1997 Plat Computations and Check of Autocad produced Plat MILL CIRCLE CL ROAD IN EASEMENT Bearing Distance Start S 89-13-13 E S 00-38-48 W N 89-13-12 W N 57-41-32 E ** Curve Radial In S 32-18-28 E 185 00 Delta 33-05-15 Arc Length ** Curve Chord Bearing N 74-14-09 E 105 36 Closing Point 634.21 37 00 746 03 12.82 Closure Area 26265 71 Square Feet o 603 Acres Northing Easting -------- ------- N 6869 237 E 8282.065 N 6860 607 E 8916.216 ___-- ---;7 N 6823 609 E 8915.799 N 6833.765 E 8169 838 N 6840.617 E 8180.673 N 6684.254 E 8279 548 106 83 Tangent 54.95 N 6869.241 E 8282 070 N 6869.237 E 8282 065 ------ - -- ------- N 0.004 E 0.005 ..-:-_ ~--"7 C\ File c /sm1/95-17 pck from Drawing C;\DWG\95\95-17SH2 10-20-1997 Plat Computations and Check of Autocad produced Plat MILL CIRCLE EASEMENT BOUNDARY Bearing Distance Start S 89-13-13 E ** Curve Radial In' N 00-46-47 E Delta 90-07-59 Arc ** Curve Chord Bearing N 45-42-48 E S 89-21-12 E S 00-38-48 W N 89-13-12 W N 89-13-11 W N 00-38-48 E Closing Point 754.92 35.00 Length 49.55 10.00 99.10 746 03 53.97 64.00 Closure Area 51812 36 Square Feet 1 189 Acres Northing Easting -------- ------- N 6898 488 E 8116.591 N 6888 215 E 8871. 441 N 6923.211 E 8871 918 55.06 Tangent 35 08 N 6922.813 E 8906.912 N 6922.701 E 8916.911 N 6823 607 E 8915.793 N 6833.763 E 8169.832 N 6834.498 E 8115.867 N 6898.494 E 8116.589 N 6898 488 E 8116 591 ------ - -- ------- N 0.006 E -0 002 .....;,"---; ., ~-7 .;. File c /sm1/95-17.pck from Drawing C:\DWG\95\95-17SH2 06-26-1997 Plat Computations and Check of Autocad produced Plat. MILL CIRCLE ESTATES CENTERLINE CLOSURE Bearing Distance Start ** Curve Radial In S 32-18-27 E 185 00 Delta 51-19-45 Arc Length: ** Curve Chord Bearing S 32-01-40 W 160 25 ** Curve Radial In. S 83-38-12 E 185.00 De~ta. 22-18-05 Arc Length: **'Curve Chord Bearing S 04-47-15 E 71.55 S 15-56-18 E 80.14 ** Curve Radial In S 74-03-42 W 185.00 Delta'106-43-04 Arc Length ** Curve Chord Bearing S 37-25-15 W 296 88 N 89-13-13 W 85.00 ** Curve Radial In: N 00-46-47 E 100 00 Delta 90-00-00 Arc Length' ** Curve Chord Bearing: N 44-13-13 W 141.42 N 00-46-47 E 186.18 ** Curve Radial In S 89-13-13 E 100.00 Delta 90-00-00 Arc Length ** Curve Chord Bearing N 45-46-47 E 141 42 S 89-13-13 E 232 19 N 34-45-47 W 168 37 S 89-13-13 E 90.00 S 89-13-13 E 47 36 S 89-13-13 E 43 64 Closing Point N Northing 6833 762 E Easting 8169 835 N 6677.401 E 8268.711 165 74 Tangent 88.89 Closure Area 137441 35 Square Feet 3 155 Acres N 6697.904 E 8084 849 N 6677 401 E 8268.711 72 01 Tangent 36.47 N N 6626.603 E 6549.544 E 8090.821 8112.827 N 6498.743 E 7934.940 344 58 Tangent 248 73 N N 6313.763 E 6314 920 E 7932.424 7847.432 N 6414.907 E 7848.792 157 08 Tangent. 100.00 N N 6416.271 E 6602.433 E 7748.803 7751.337 N 6601. 074 E 7851.-325 157 08 Tangent: 100.00 N N N N N N N 6701.062 E 6697 903 E 6836.222 E 6834.997 E 6834.352 E 6833.759 E 6833.762 E N -0 003 E 7852.687 8084.856 7988.854 8078.846 8126.201 8169.837 8169 835 o 002 ___- -7 / .. File c /sm1/95-17.pck from Drawing C \DWG\95\95-17SH2 06-30-1997 Plat Computations and C~eck of Autocad produced Plat MILL CIRCLE ESTATES PERIMETER CLOSURE ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 6181 268 E 7603.679 N 00-37-30 E 660.14 N 6841.369 E 7610 881 S 89-13-13 E 660 25 N 6832.384 E 8271 070 S 00-38-48 W 495 23 N 6337.186 E 8265 480 N 89-12-44 W 31 16 N 6337 614 E 8234 3'23 ** Curve Radial In N 00-47-16 E 158.00 N 6495.598 E 8236.490 Delta. 39-21-14 Arc Length 108 52 Tangent. 56 50 ** 'Curve Chord Bearing N 69-32-07 W 106.40 N 6374 815 E 8134 638 N 49-51-30 W 3.01 N 6376 755 E 8132.337 ** Curve Radial In N 40-08-30 E 25.00 N 6395.866 E 8148 447 Delta 75-35-06 Arc Length 32 98 Tangent 19.39 ** Curve Chord Bearing N 12-03-57 W 30 64 N 6406 718 E 8125.933 ** Curve Radial In N 64-16-23 W 212 00 N 6498.744 E 7934.940 Delta 25-21-40 Arc Length 93 84 Tangent 47 70 ** Curve Chord Bearing S 38-24-27 W 93 07 N 6333.787 E 8068 113 ** Curve Radial In S 38-54-47 E 25 00 N 6314.332 E 8083.807 Delta 79-03-17 Arc Length 34 49 Tangent 20 63 ** Curve Chord Bearing S 89-23-09 E 31 82 N 6333.446 E 8099.931 S 49-51-30 E 64 19 N 6292 064 E 8149. (}O1: S 00-47-16 W 118 28 N 6173 795 E 8147 375 N 89-12-44 W 543.74 N 6181.271 E 7603.686 Closing Point N 6181.268 E 7603 679 ------ ------- - -- Closure N 0 003 E 0.007 Area 409952 20 Square Feet 9 411 Acres ~ ~ . TRACT B Bearing Start S 89-13-13 E ** Curve Radial In: S 42-14-19 E Delta 21-46-53 Arc ** Curve Chord Bearing S 36-52-14 W N 00-37-30 E Closing Point Distance 47 36 212 00 Length 80 11 64.74 Closure Area 1328 81 Square Feet o 031 Acres Northing Easting -------- ------- N 6835 000 E 8078.840 N 6834 356 E 8126.196 N 6677.401 E 8268 711 80 59 Tangent: 40.79 N 6770 268 E 8078 129 N 6835.004 E 8078 835 N 6835.000 E 8078.840 ------ - -- ------- - -- N 0.004 E -0.005 / TRACT HAil Bearing Distance Start N 89-12-44 W N 00-37-30 E S 89-22-30 E N 51-30-38 E ** Curve Radial In: N 63-31-31 E 127 00 Delta 22-37-07 Arc Length ** Curve Chord Bearing. S 37-47-02 E 49 81 S 00-37-30 W 139 87 Closing Point 160.44 146 12 89 74 51 24 Closure Area 24437 29 Square Feet o 561 Acres / Northing Easting -------- ------- N 6179.062 E 7764 102 N 6181.268 E 7603 677 N 6327.379 E 7605.271 N 6326.400 E 7695 006 N 6358 290 E 7735 113 N 6414.907 E 7848.792 50 14 Tangent 25 40 N 6318 924 E 7765 631 N 6179 063 E 7764 105 N 6179.062 E 7764.102 ------ ------- ~.--;- N 0 001 E 0.003 29 Bearing Distance Start N 89-12-44 W 76.00 N 00-37-30 E 139.87 ** Curve Radial In N 40-54-24 E 127 00 Delta 37-31-25 Arc Length. ** Curve Chord Bearing S 67-51-18 E 81 69 S 00-37-30 W 110 12 Closing Point Closure Area 9129 52 Square Feet o 210 Acres / Northing Easting -------- ------- N 6178.017 E 7840.095 N 6179.062 E 7764.102 N 6318.924 E 7765 628 N 6414.907 E 7848.792 83 17 Tangent 43.14 N 6288 131 E 7841.292 N 6178 017 E 7840.091 N 6178 017 E 7840.095 ------ ------- N 0.000 E -0 004 28 Bearing Start N 89-12-44 W N 00-37-30 E ** Curve Radial In N 03-23-00 E Delta 02-36-13 Arc ** Curve Chord Bearing S 87-55-07 E S 89-13-13 E S 00-37-30 W Closing Point Distance 76.00 110 12 127.00 Length. 5 77 70 23 110 00 Closure Area 8359 58 Square Feet o 192 Acres "__ --7" / Northing Easting -------- ------- N 6176.973 E 7916 088 N 6178.018 E 7840 095 N 6288.131 E 7841 297 N 6414.907 E 7848.792 5 77 Tangent: 2.89 N 6287.922 E 7847.063 N 6286 966 E 7917.286 N 6176 973 E 7916 086 N 6176.973 E 7916.088 ------ ------- - -- N -0 000 E -0.002 ....--_ ---7 27 Bearing Distance Start N 89-12-44 W N 00-37-30 E S 89-13-13 E ** Curve Radial In N 00-46-47 E 212 00 Delta 16-46-53 Arc Length. ** Curve Chord Bearing N 82-23-20 E S 00-37-30 W Closing Point 76.00 110 00 14 77 61. 87 119.04 Closure Area 8543 32 Square Feet o 196 Acres / Northing Easting -------- ---..---- N 6175.928 E 7992 082 N 6176.973 E 7916.089 N 6286 966 E 7917 289 N 6286 765 E 7932.058 N 6498.743 E 7934.940 62 09 Tangent. 31.27 N 6294.960 E 7993.383 N 6175 927 E 7992 084 N 6175 928 E 7992 082 ------ - -- ------- N -0.001 E 0 002 ~-: --7 26 Bearing Distance Start N 89-12-44 W N 00-37-30 E ** Curve Radial In N 16-00-06 W ,212.00 Delta 16-55-28 Arc Length ** Curve Chord Bearing N 65-32-10 E S 32-55-34 E S 00-37-30 W Closing Point 76 00 119 04 62.39 35.27 116 32 Closure Area 9935 32 Square Feet o 228 Acres / Northing Easting -------- ------- N 6174.883 E 13068.075 N 6175 928 E 7992.082 N 6294 961 E 7993.381 N 6498.743 E 7934 940 62 62 Tangent: 31 54 N 6320.798 E 8050.170 N 6291.193 E 8069.341 N 6174.880 E 8068.072 N 6174 883 E 8068 075 ------ - -- ------- N -0.003 E -0 003 ...-:- --7 _:.-, -7 File c /sm1/95-17PLA.pck from Drawing:C \DWG\95\95-17SH2 ~-7 06-16-1997 plat Computations and Check of Autocad produced Plat MILL CIRCLE ESTATES 25 Bearing Distance Start N 89-12-44 W N 00-37-30 E N 32-55-34 W ** Curve Radial In: N 32-55-38 W 212 00 Delta 05-59-11 Arc Length: ** Curve Chord Bearing N 54-04-47 E **'Curve Radial In: S 38-54-47 E 25 00 Delta 79-03-17 Arc Length: ** Curve Chord Bearing' S 89-23-09 E 31.82 S 49-51-30 E 64.19 S 00-47-16 W 118.28 Closing Point 79 30 116 32 35 27 22 14 Closure Area 12177 98 Square Feet o 280 Acres Northing Easting -------- ------- N 6173.792 E 8147.368 N 6174.882 E 8068.075 N 6291.195 E 8069.345 N 6320 800 E 8050 173 N 6498.741 E 7934.936 22 15 Tangent 11.09 N 6333.789 E 8068.103 ...__---7 N 6314.332 E 8083 807 34 49 Tangent 20 63 N 6333.448 E 8099.921 N 6292 066 E 8148.991 N 6173.797 E 8147.365 N 6173 792 E 8147.368 ------ - -- ------- --- N 0.005 E -0.003 / 24 Bearing Distance Start S 00-38-48 W 100 00 N 89-12-44 W 31.16 ** Curve Radial In N 00-47-16 E 158 00 Delta 39-21-14 Arc Length ** Curve Chord Bearing N 69-32-07 W 0106 40 N 49-51-30 W 3 01 ** Curve Radial In' N 40-08-30 E 25 00 Delta 75-35-06 Arc Length' ** Curve Chord Bearing N 12-03-57 W 30 64 ** Curve Radial In: N 64-16-24 W 212.00 Delta 09-20-31 Arc Length ** Curve Chord Bearing N 21-03-21 E 34.53 S 89-12-44 E 128 29 Closing Point Closure Area 12355 38 Square Feet o 284 Acres / Northing Easting -------- ------- N 6437 176 E 8266 608 N 6337.182 E 8265.479 N 6337 611 E 8234.322 N 6495.598 E 8236.490 108 52 Tangent: 56.50 N 6374 811 E 8134 637 N 6376 752 E 8132.336 N 6395 866 E 8148.447 32 98 Tangent 19 39 N 6406 715 E 8125.932 N 6498.743 E 7934 940 34 57 Tangent: 17.32 ..--. ---/ N 6438.940 E 8138.337 N 6437.175 E 8266.615 N 6437 176 E 8266.608 ------ - -- ------- - -- N -0.001 E 0.007 .-::- ---; 23 Bearing Distance Start S 00-38-48 W 74 50 N 89-12-44 W 128 29 ** Curve Radial In: N 73-36-55 W 212.00 Delta 20-19-55 Arc Length ** Curve Chord Bearing: N 06-13-08 E 74.84 S 89-12-44 E '121 02 Closing Point Closure Area 9121 10 Square Feet o 209 Acres Northing Easting -------- ------- N 6511 672 E 8267.449 N 6437 177 E 8266.608 N 6438 941 E 8138.330 N 6498 743 E 7934 940 75 23 Tangent. 38.01 N 6513 340 E 8146.437 N 6511 676 E 8267 446 N 6511 672 E 8267.449 ------ ------- N 0.004 E -0 003 ""-:__-7 ..:-~ -7 / 22 Bearing Start S 00-38-48 W N 89-12-44 W ** Curve Radial In. S 86-03-10 W Delta 11-59-28 Arc ** Curve Chord Bearing N 09-56-33 W N 15-56-18 W S 89-12-44 E Closing Point Distance 74 50 121 02 212 00 Length. 44.29 32.36 138 40 Closure Area 9554 97 Square Feet o 219 Acres / ___ --T 'Jorthing Easting -.....------ ------- N 6586.167 E 8268.290 N 6511 672 E 8267.449 N 6513 336 E 8146.441 N 6498.743 E 7934.940 44 37 Tangent. 22.27 N 6556 961 E 8138 793 N 6588.077 E 8129.907 N 6586 174 E 8268.294 N 6586 167 E 8268.290 ------ ------- - -- N 0 007 E 0.004 "';:':---7 21 Bearing Distance Start S 00-38-48 W N 89-12-44 W N 15-56-18 W ** Curve Radial In: N 74-03-42 E 158 00 Delta 10-38-51 Arc Length. ** Curve Chord Bearing: N 10-36-52 W 29.32 S 89-12-44 E 157.76 Closing Point 74 50 138.40 47.78 Closure Area 11110 39 Square Feet o 255 Acres / Northing Easting -------- ------- N 6660.663 E 8269.130 N 6586.168 E 8268 :289 N 6588 071 E 8129.902 N 6634 014 E 8116.782 N 6677.401 E 8268.711 29 36 Tangent 14 72 N 6662.832 E 8111.381 N 6660 663 E 8269.126 N 6660.663 E 8269 130 ------ ------- - -- N 0 000 E -0.004 ./'_ -7 20 Bearlng Distance Start S 00-38-48 W 74 73 N 89-12-44 W 157.76 ** Curve Radial In. N 84-42-33 E 158 00 Delta 27-36-53 Arc Length ** Curve Chord Bearing: N 08-31-00 E 75.42 S 89-12-44 E 147 44 Closing Point Closure Area 11634 53 Square Feet o 267 Acres / Northing Easting -------- ------- N 6735 389 E 8269.974 N 6660.664 E 8 2 6 9 ...2.3 1 N 6662 833 E 8111 385 N 6677.401 E 8268.711 76 15 Tangent: 38.83 N 6737 421 E 8122.555 N 6735.394 E 8269 981 N 6735 389 E 8269.974 ------ ------- N 0 005 E 0 007 ....:-_.-""7 File c /sm1/95-~7PLA pck from Drawing C.\DWG\95\95-17SH2 06-16-1997 Plat Computations and Check of Autocad produced Plat MILL CIRCLE ESTATES 19 Bearlng Distance Start S 00-38-48 W 97 00 N 89-12-44 W 147 44 ** Curve Radial In S 67-40-34 E 158.00 Delta 35-22-06 Arc Length ** Curve Chord Bearing N 40-00-29 E 95.99 N 57-41-32 E 12 82 ** Curve Radial In S 32-18-28 E 158.00 Delta 12-35-38 Arc Length ** Curve Chord Bearing. N 63-59-21 E 34.66 S 89-13-13 E 44 82 Closing Point Closure Area 10713 95 Square Feet o 246 Acres ~ ., Northing Easting -------- ------- N 6832.384 E 8271.069 N 6735.390 E 8269.974 N 6737.417 E 8122.548 N 6677 401 E 8268 711 97 53 Tangent. 50.38 N 6810 941 E 8184.260 N 6817.793 E 8195.095 N 6684.254 E 8279.548 34 73 Tangent: 17.43 N 6832 993 E 8226.244 N 6832.383 E 8271.060 N 6832.384 E 8271. 069 ------ - -- ------- - -- N -0.001 E -0.009 ~_ -7 / 18 Bearlng Start N 00-46-47 E S 89-13-13 E ** Curve Radial In S 00-46-47 W Delta 81-45-06 Arc ** Curve Chord Bearing S 48-20-40 E ** Curve Radial In: N 82-31-53 E Delta 08-28-11 Arc ** Curve Chord Bearing S 11-42-12 E S 15-56-18 E N 89-13-13 W Closing Point Distance 91 18 106 76 25.00 Length' 32 72 212 00 Length. 31 31 40.93 150 04 Closure Area 12449 71 Square Feet o 286 Acres Northing Easting -------- ------- N 6581 871 E 7926 070 N 6673 043 E 7927 311 N 6671 590 E 8034 061 N 6646.596 E 8033 ~121 35 67 Tangent: 21 64 N 6649.842 E 8058 508 N 6677 401 E 8268 711 31 34 Tangent. 15.70 N 6619.183 E 8064.859 N 6579.827 E 8076.098 N 6581.868 E 7926.072 N 6581. 871 E 7926.070 ------ ------- - -- N -0 003 E 0.002 // File c /sm1/95-17PLA pck from Drawing-C:\DWG\95\95-17SH2 06-12-1997 Plat Computations and Check of AutJcad produced Plat. MILL CIRCLE ESTATES 17 Bearing Distance Start N 00-46-47 E S 89-13-13 E S 15-56-18 E ** Curve Radial In S 74-03-42 W 158.00 Delta. 13-48-56 Arc Length ** Curve Chord Bearing: S 09-01-49 E 38.01 N 89-13-13 W ' 167 80 Closing Point 75 00 150 04 39.21 Closure Area 12038 63 Square Feet o 276 Acres \forthing Easting -------- ------- N 6506.878 E 7925.049 N 6581. 871 E 7926.070 N 6579 829 E 8076.096 N 6542.127 E 8086.863 N 6498 743 E 7934.940 38 10 Tangent 19.14 N 6504 588 E 8092.829 N 6506.871 E 7925.044 N 6506 878 E 7925 049 ------ - -- ------- - -- N -0.007 E -0.005 ....-. --j" /' File c /sml/95-17PLA pck from Drawing:C:\DWG\95\95-17SH2 06-12-1997 MILL CIRCLE ESTATES Plat Computations and Check of Autocad produced Plat 16 Bearing Distance Start N 00-46-47 E 75.00 S 89-13-13 E 167 80 ** Curve Radial In' S 87-52-39 W 158 00 Delta. 27-59-34 Arc Length. ** Curve Chord Bearing: S 11-52-26 W 76.43 N 89-13-13 W 153 09 Closing Point Closure Area 12273 50 Square Feet o 282 Acres Northing Easting -------- ------- __ --7 N 6431.885 E 7924 029 N 6506.878 E 7925.050 N 6504 595 E 8092.834 N 6498.743 E 7934 940 77 19 Tangent. 39.38 N 6429.800 E 8077.108 N 6431. 883 E 7924.032 N 6431 885 E 7924 029 ------ - -- ------- - -- N -0.002 E 0.003 ....._---'7 / 15 Bearing Distance Start S 89-13-13 E 153.09 ** Curve Radial In N 64-07-47 W 158.00 Delta 64-54-34 Arc Length. ** Curve Chord Bearing S 58-19-30 W 169 58 N 89-13-13 W 10.00 N 00-46-47 E 91.00 Closing Point Closure Area 10257 46 Square Feet o 235 Acres Northing Easting / -------- ------- N 6431 885 E 7924 029 N 6429 802 E 8077 105 6498 743 ____- --/" N E 7934.940 179 00 Tangent: 100 48 N 6340 755 E 7932 786 N 6340 891 E 7922 787 N 6431 883 E 7924.025 N 6431 885 E 7924.029 ------ ------- - -- N -0.002 E -0.004 ~_.-?' ../- --7 14 Bearing Distance Start S 00-46-47 W 91 00 N 89-13-13 W 75 00 ** Curve Radial In: N 00-46-47 E 73 00 Delta 90-00-00 Arc Length ** Curve Chord Bearing N 44-13-13 W 103.24 N 00-46-47 E 18 00 S 89-13-13 E 148.00 closing Point Closure Area 12324 67 Square Feet o 283 Acres Northing Easting / -------- ------- N 6431 885 E 7924 029 N 6340.893 E 7922 791 N 6341 914 E 7847 798 N 6414 907 E 7848.-792 114 67 Tangent. 73 00 N 6415 902 E 7775.796 N 6433.901 E 7776.041 N 6431.887 E 7924 027 N 6431. 885 E 7924.029 ------ ------- - -- N 0 002 E -0.002 ~ ,7 13 / ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 6506.878 E 7925.049 S 00-46-47 W 75.00 N 6431 885 E 7924.028 N 89-13-13 W 148 00 N 6433 899 E 7776 042 N 00-46-47 E 75.00 N 6508.892 E 7777.063 S 89-13-13 E 148 00 N 6506.878 E 7925.049 Closing Point N 6506 878 E 7925.049 ------ - -- ------- - -- ___---7 Closure N 0.000 E 0.000 Area 11100 00 Square Feet 0 255 Acres .....;;: --"7 ";-,.--7' 12 Bearing Distance Start S 00-46-47 W N 89-13-13 W N 00-46-47 E S 89-13-13 E Closing Point 75.00 148 00 75 00 148 00 Closure Area 11100 00 Square Feet o 255 Acres / Northing Easting -------- ------- N 6581. 871 E 7926 070 N 6506.878 E 7925 049 N 6508 892 E 7777.063 N 6583.885 E 7778 084 N 6581.871 E 7926.070 N 6581 871 E 7926.070 ------- ------- -- - N 0 000 E 0.000 ---- --? '" .....;_ --7 File c /sm1/95-17PLA pck from Drawing C.\DWG\9S\9S-17SH2 06-12-1997 Plat Computations an~ Check of AutJcad produced Plat MILL CIRCLE ESTATES 11 Bearl.ng Distance Start S 00-46-47 W N 89-13-13 W N 00-46-47 E ** Curve Radial In S 89-13-13 E 73.00 Delta 90-00-00 Arc Length ** Curve Chord Bearing. N 45-46-47 E 103.24 , S 89-13-13 E 75.00 Closing Point 91.18 148.00 18.18 Closure Area 12351 16 Square Feet o 284 Acres ~orthing Easting -------- ------- N 6673 046 E 7927 311 N 6581. 874 E 7926 070 N 6583.888 E 7778 --084 N 6602 067 E 7778 331 N 6601 074 E 7851.325 114 67 Tangent: 73.00 N 6674.068 E 7852 320 N 6673 048 E 7927.313 N 6673.046 E 7927.311 ------ - -- ------- N 0.002 E 0 002 ..-- ~. / File c./sm1/9S-17 pck from Drawing C \DWG\95\95-17SH2 06-26-1997 Plat Computations and Check of Autocad produced Plat MILL CIRCLE ESTATES LOT 10 Bearing Distance Start S 89-13-13 E S 00-37-30 W ** Curve Radial In. S 64-01-13 E 212 00 Delta 08-01-16 Arc Length ** Curve Chord Bearing. S 21-58-09 W 29 65 ** Curve Radial In N 72-02-29 W 25.00 Delta 72-49-16 Arc Length: ** Curve Chord Bearing S 54-22-09 W N 89-13-13 W N 00-37-30 E Closing Point 90 00 64 74 29.68 55 27 110.00 Closure Area 9437 92 Square Feet o 217 Acres Northing Easting -------- ------- N 6836.225 E 7988.848 N 6835.000 E 8078.840 N 6770.264 E 8078.133 N 6677.401 E 8268 711 2S 68 Tangent 14.86 N 6742.767 E 8067.041 N 6750 476 E 8043 258 3].77 Tangent 18.44 N 6725.477 E 8042.918 N 6726.229 E 7987.653 N 6836.222 E 7988.853 N 6836 225 E 7988.848 ------ ------- - -- N -0 003 E 0.005 ..-:-- --/ / /' 9 ;- / ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 6727.319 E 7907 655 N 00-37-30 E 110.00 N 6837 312 E 7908.855 S 89-13-13 E 80 '00 N 6836 224 E 7988.848 S 00-37-30 W 110 00 N 6726.230 E 7987.648 N 89-13-13 W 80 00 N 6727 319 E 7907.655 Closing Point N 6727 319 E 7907.655 ------ - -- ------- Closure N 0.000 E -0 000 Area 8799 97 Square Feet 0 202 Acres ____- ---7 ft. ;/-_-----7 8 Bearlng Distance Start N 11-22-29 W S 89-13-13 E S 00-37-30 W N 89-13-13 W ** Curve Radial In: S 00-46-47 W 127 00 Delta 06-26-05 Arc Length ** Curve Chord Bearing. S 87-33-45 W 14.26 Closing Point 1:J..3 34 92.41 110.00 54 61 Closure Area 8882 24 Square Feet o 204 Acres Northing Easting -------- ------- N 6727 456 E 7838.811 N 6838.570 E 7816.458 N 6837.312 E 7908.859 N 6727.319 E 7907.659 N 6728 062 E 7853.054 N 6601.074 E 7851 325 14 26 Tangent 7.14 N 6727.455 E 7838.807 N 6727 456 E 7838.811 ------ ------- - -- N -0 001 E -0.004 / 7 Bearlng Start N 33-54--11 W S 89-13.13 E S 11-22 29 E ** Curve Radial In S 05-39-18 E Delta 23-20-10 Arc ** Curve Chord Bearing S 72-40-38 W Closing Point Distance 154.15 112.68 113 34 127.00 Length 51. 37 Closure Area 994' 07 Square Feet (I 228 Acres .;.. Northing Easting -------- ------- N 6712.160 E 7789 772 N 6840 102 E 7703.789 N 6838 569 E 7816 458 N 6727.455 E 7838 812 N 6601 074 E 7851 325 51 73 Tangent 26 23 N 6712 159 E 7789.772 N 6712 160 E 7789.772 ----- ------- N -0 001 E -0 000 -- -;- ~ 7 / 'File c /sm1/95-17PLA.pck from Drawing'C. \DWG\95\95-17SH2 06-16-1997 plat Computations and Check of A1a'tocad produced Plat MILL CIRCLE ESTATES 6 Bearing Distance Start ** Curve Radial In. S 28-59-27 E 127 00 Delta 18-37-02 Arc Length. ** Curve Chord Bearing. S 51-42-02 W 41 09 N 58-14-59 W 173 27 N 00-37-30 E 63 50 S 89-13-13 E 92.91 S 33-54-11 E 154.15 C1Qsing Point i Clbsure Area. 14912 82 Square Feet o 342 Acres Northing Easting ------- ------- N 6712 160 E 7789 772 N 6601.074 E 7851.325 41 27 Tangent: 20.82 N 6686 694 E 7757 . ?~5 N 6777 872 E 7610.185 N 6841 368 E 7610.878 N 6840.104 E 7703.780 N 6712.162 E 7789 763 N 6712 160 E 7789 772 ------ - -- ------- N 0.002 E -0 009 / o 5 Bearing Distance Start N 00-37-30 E 104 00 S 58-14-59 E 173 27 ** Curve Radial In. S 47-36-30 E 127.00 Delta 24-24-42 Arc Length ** Curve Chord Bearing S 30-11-09 W 53 70 N 74-32-11 W 126 04 Closing Point Closure Area 10882 76 Square Feet o 250 Acres / Northing Easting -------- ------- N 6673 881 E 7609.054 N 6777.875 E 7610 189 N 6686 697 E 7757.529 N 6601 074 E 7851 325 54 11 Tangent 27 47 N 6640 278 E 7730.528 N 6673.884 E 7609.050 N 6673.881 E 7609 054 ------ ------- - -- N 0 003 E -0 004 ./--......--'/ " File c /sm1/95-17PLA pck from Drawing:C:\DWG\95\95-17SH2 06-12-1997 Plat Computations and Check of Autocad produced Plat. / MILL CIRCLE ESTATES 4 Bearing Start N 00-37-30 E S 74-32-11 E ** Curve Radial In. S 72-01-12 E Delta 17-12-01 Arc ** Curve Chord Bearing S 09-22-48 W S 00-46-47 W i N 89-22-30 W Closing Point Distance 96.00 126 04 127.00 Length. 37.98 26.18 115.98 Closure Area 9432 49 Square Feet 0.217 Acres Northing Easting -- - - - - - - - ------- N 6577 887 E 7608.007 N 6673.881 E 7609.054 N 6640.276 E 7730.532 N 6601.074 E 7851.325 38 13 Tangent: 19.21 N 6602.804 E 7724.342 N 6576 626 E 7723.986 N 6577.891 E 7608.012 N 6577 887 E 7608.007 ----- ------- - -- N 0 004 E 0.005 <1 3 .;,- / ------- 'Bearing Distance '\!'orthing Easting ------- -------- -------- ------- Start N 6497.891 E 7607.134 N 00-37-30 E 80.00 N 6577.886 E 7608.007 S 89-22-30 E 115.98 N 6576 621 E 7723.980 S 00-46-47 W 80 00 N 6496.628 E 7722.891 N 89-22-30 W 115 77 N 6497 891 E 7607.128 Closing Point N 6497 891 E 7607 134 ------ ------- - -- Closure N 0 000 E -0.006 Area 9269 73 Square Feet 0 213 Acres " i .~: -- --j <1 .b File c /sm1/95-17PLA pck from Drawing C \DWG\95\95-17SH2-'~ 06-12-1997 .;,. Plat Computations and Check of Autocad produced Plat. MILL CIRCLE ESTATES 2 ------- Bearing Distance Northing Easting ------- -------- -------- ------- Start N 6417.896 E 7606.261 N 00-37-30 E 80.00 N 6497.891 E 7607.134 S 89-22-30 E 115 77 N 6496.628 E 7722.897 S 00-46-47 W 80.00 N 6416 636 E 7721. 808 N 89-22-30 W 115.55 N 6417.896 E 7606.265 Closing Point N 6417 896 E 7606.261 ------ ------- Closure N 0 000 E 0 004 Ai,ea 9252 93 Square Feet ,i 0 212 Acres .--- --/ ~_-7 / <3 .P File c /sm1/95-17PLA pck from Drawing' C \DWG\95\95-17SH2 06-12-1997 ____~ ---7 Plat Computations and Check of AutJcad produced Plat MILL CIRCLE ESTATES 1 Bearing Distance Start S 51-30-38 W N 89-22-30 W N 00-37-30 E S 89-22-30 E ** Curve Radial In. S 89-13-13 E 127.00 Delta' 27-15-16 Arc Length *~, Curve Chord Bearing: I S 12-50-51 E 59 84 Closing Point 51 24 89 74 90 52 115 55 Closure Area 10530 46 Square Feet o 242 Acres Northing Easting -------- ------- N 6358.290 E 7735.110 N 6326.400 E 7695.003 N 6327 379 E 7605.269 N 6417.893 E 7606.256 N 6416 633 E 7721.799 N 6414.907 E 7848.792 60 41 Tangent 30.79 N 6358 291 E 7735.105 N 6358.290 E 7735.110 ------ ------- /:.:-1. _ N 0 001 E -0 005 ~ --7 / 00040993 NO LIABILITY $100.00 FEE S 100.00 CHICAGO TITLE INSURANCE COMPANY a corporation, herein caJIed the Company, GUARANTEES JCH DEVELOPMENT herem called the Assured, agaInst actual loss not exceeding the liability amount stated above which the Assured shall sustam by reason of any incorrectness m the assurances set forth m Schedule A LIABILITY EXCLUSIONS AND LIMITATIONS No guarantee IS given nor liabilIty assumed with respect to the IdentIty of any party named or referred to m Schedule A or with respect to the validity, legal effect or pnority of any matter shown therem. 2 The Company's liabIlity hereunder shall be lmuted to the amount of actual loss sustamed by the Assured because of reliance upon the assurance herem set forth, but m no event shall the Company's liability exceed the liability amount set forth above OCTOBER 6, 1997 Dated CHICAGO TITLE INS .'\~ YJ By' I Aurhoriz Please note carefully the liabilIty exclUSIOns and limitations and the speCific assurances afforded by thIS guaran- tee If you Wish additional liability, or assurances other than as contamed herem, please contact the Company for further information as to the availabilIty and cost. 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 Your No Order No 00040993 Fee' $100.00 LIability. $100.00 Dated. OCTOBER 6,1997 Name of Assured, JCH DEVELOPMENT The assurances referred to on the face page are: That, according to those pubhc records which, constructIve notice of matters relative to the description of which IS fully set forth in under the recording laws, rmpart following described real property. See Exhibit ,\ attached hereto and made a p~lrt hereof. Title to Said real property is vested Ill. YELM COMMUNITY SCHOOLS DISTRICT NO 2 Subject to the matters shown below under ExceptIons, which ExceptIOns are not necessarily shown III the order of their prionty EXCEPTIONS. 1 Taxes or assessments which are not shown as existing hens by the records or any taxIllg authority that leVies taxes or assessments on real property or by the public records. 2. Unpatented milling claims, reservations or exceptions in the Umted States Patents or in Acts authonzing 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 rights or easements therein unless such property, rights or easements are expressly and specifically set forth III said descnptIOn, Subdivision Guarantee Page 1 SUBDIVISION GUARANTEE SCHEDULE A (Continued) Additional Exceptions: 4 THE PROPERTY HEREIN DESCRIBED IS CARRIED ON THE TAX ROLLS AS EXEMPT, HOWEVER, IT WILL BECOME TAXABLE FROM THE DATE OF TRANSFER TO A TAXABLE ENTITY TAX PARCEL NO LAND VALUE IMPROVEMENTS 21725140100 $116,70000 $3,787,50000 5 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO BLA-8144 RECORDED' MAY 22,1995 RECORDING NO 9505220008 6 AN EASEMENT AFFECTING THE PORTION OF SAID PREMISES AND FOR THE PURPOSES STATED THEREIN IN FAVOR OF JCH DEVELOPMENT, A WASHINGTON GENERAL PARTNERSHIP INGRESS, EGRESS AND UTILITIES SEPTEMBER 12, 1995 9509120031 A PORTION OF SAID PREMISES FOR. RECORDED RECORDING NO AFFECTS - END OF SPECIAL EXCEPTIONS - NOTES. (a) THE FOLLOWING MAYBE USED AS AN ABBREVIATED LEGAL DESCRIPTION ON THE DOCUMENTS TO BE RECORDED TO COMPLY WITH THE REQUIREMENTS OF RCW 64 04 SAID ABBREVIATED LEGAL DESCRIPTION IS NOT A SUBSTITUTE FOR A COMPLETE LEGAL DESCRIPTION WHICH MUST ALSO APPEAR IN THE BODY OF THE DOCUMENT PARCEL B OF BLA-8144 (b) THE LEGAL DESCRIPTION SUBMITTED HAS BEEN MODIFIED AS SET FORTH HEREIN TO COMPLY WITH THE PRESUMED INTENTION OF THE PARTIES TO THE TRANSACTION THE SAME SHOULD BE EXAMINED AND APPROVED BY SAID PARTIES PRIOR TO CLOSING MKlJAM Subdivision Guarantee Page 2 . ' Exhibit A l'HAT PORTION OFP!\.RCEL B OF BOVNDARY LINE AD.HJSTMENT NO. BLA-8144 <\S RECORDED UNDER A1DITOR'S FILE NO. 9505220009, LYING IN THE SOU'l'HWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH. RANGE lEAST, W M. IN THLRSTON COUNTY, WASHIr\GTON . . ovc.teA NO LTOct Cf 3 ~L-A NO 814~ 9 '30'-0 2uo09 0' HafTHCAST SlC1lQlI 25 Fll. STllNE _ Wilt JAIl. ,_ ,3(15.28 l ~\&=:0~\ ~, ,-J- t I Ii 1 1 I~ 1 1 U) ~ ., I Q ~ 1 1 ~. a o!l I ~_ ~ 1 "'1J ~ 1 ' ....:l ....:l ...... ~ 20 I 1- " I " ,. CtJIIHER SEll" OF /lET I" I ~~~~l.S2~ __I '11' II X a.r rAST OF CAl.c. ctltIHER- ~ ,,6 I ...WAY FfHCE CtltIHER ~ NiD "p-J> '-O~ ..;r- I FlELD -:l u' S )( u' E OF COIlHER ~ If' "" I I I I I I I I I I I b~~ro HN2.- M-~U-S~~ AUO,TOO-. ~de NO S tIIn~"" E '=28 rAST r:AJAIlTfR SE:Cl1OH JO ro, 5/6" REBAR '.l.1<J 'qo.,l l' N 1 1 ::l ;11 al 1 I..,"".', . ". \ . f' @, I I ! ~.78 AC116 roTAL ro R/W "'l2.0Sl Ac:RES TO a. OF YU. RO. 1.30S.04 ", ar7n~ W IJ25.04 ... /..... ~ ~06I/.E I V \ I +~) AND II ~GE ,OOT RADIUS \.J.... I ..... ./ :! ~ == ;1 ~ '0 '" 8 .. FD. 5/r RDJNl AND c.tP -PAC-1RJ4 LS 18102 LS 1.]470- scr .. CCHC. a.r s )( a.~ W OF SW CtltIHER OF e' HIGH a<AM UNK FfHCE. REIJNt IS o.S € X 0. " 111 OF CALC. CCJIIINDt FIElD AND 8NlBE1J ...... FfHCE CtltIHER IS ....,. E X 0.... S OF roo ROAR. L i .i.t1I... Milot. ) pUNN1]IG DJ:PAIn "" I / ;~~->D OW s.Joo,.c /.NO FI!!lJlIM{ FEHCE ~~W ~\ .... 11. 1;"r IlEIIAR AND eN" .. FlFJ l.S........ lil/lr H)( a.r E OF CALC. ~ =:..~~~~ 8 .. roK:E. -a- 100' PRrVAL .KJNJ NIt) JWTY EASElIOIT F'OIl .OTS "A" ..". AND "C" ~ ~ "', a i:. 8 '" s asnZ""'- E .'2.40 1"1.97 212.8.2 I scr CtltIHER 21' S OF F1fl1) ...... FfHCE ..... .... .... .... ..... '>0.... ..... .... \ 8AR<<D~ FfHCE ~'~~'F: _ _ =-.J I I I / ./ "" 2......58 .......... \ ..... \ - '-" r;:-;;::;z ~,,- r ..... _.... Pf:R 0EIll "",~'1JOOJ4 1 -~..... GAP .."I DUD. O'tItiIHERSHIP I ..., UNl(H8*",- /Jo..JO'- .... \ CUl 8ARBE:D'w- """ \ OlD BA.RSED~1 FVK:C raDMME Fdici \ --...~ fa . H X 2.' .... " CORNER . '\ 'C HCWER UWTY ...; J FfHCE a.S1' H cy PRCP UHE .... / " "" .......---- S 51"2''''''' F: 1 , I I ./ I / OCT"'" ( IUS. \ ~ roo ,/2"....... ,tHO CAP '~J-Ls 544-4" 1..' 5 x 0,2"""E. OF scr C'OIfIrICiit-____- 1iJ.>D L OCO ~MRE ~ '711' ~r a.S .. tY' CORHER This sketch Is for the purpose of showl the approximate general location of the ng premises without actual survey and Chicago n.tle assumes no lIabntty in connection WIth the same. 'afi..~Jl~8;;' ,~, ~ '/~i-' /:::." ,',.., \("'!" -. ....._......~ '0 'C'~_ .~~~-.~ :::L~ \* ,/~ I ,~_ ,~.,;/Ir, ""s,; - - :';0'" , , !!!~~ - - ' City of Yelm 'NA!:iHINOTON j 05 Ye;m A Jenue West POBox -+79 rdrn, Washington )85)" (36Oi .j58-324.f April 23, 1997 Mr John Huddleston POBox 1206 Yelm, WA 98597 Dear John The City of Yelm has received your request to reassign ERU's from your property located at 9445 Cullens to your property on Mill Road with a preliminary plat approval for Mill Circle The fourteen ERU's allocated to your property located at 9445 Cullens Road is a long standing commitment with the previous property owner The City will continue to honor the original commitment of fourteen ERU's with you as the new property owner The City will authorize the reassignment of thirteen of those ERU's to your Mill Circle project. ERU's can not be transferred to any other site, they must be used either at 9445 Cullens Road or the Mill Circle Subdivision. I have enclosed City of Yelm Resolution 296 and 351 for your review The Resolution explains City Policy on the duration of water and sewer ERU commitments All allocated ERU's in which a commitment expires, revert back to the City Those ERU's are reallocated as new applications are vested under the determination of completeness procedure, YMC, Integrated Project Review Process, Section 15 49 120 (enclosed) ERU's can not be transferred to other sites without a project application that has an official determination of completeness by the City If I can be of further assistance or you have any questions please contact me at 458-8408 Sincerely, . -\ Cl-+-U ~v LL C:~l'J 7 ~ Catherine Carlson City Planner cc Shelly Badger Ken Garmann * R~C)'ckd paper MILL CIRCLE ESTATES EXHIBIT II PRELIMINARY PLAT CONDITIONS OF APPROVAL - - 105 Yelm Avenue West POBox 479 Yelm, Washin~toll 98597 (360) 458-3244 August 5, 1996 Mr John Huddleston POBox 1206 Yelm, W A 98597 Re Prelimmary Plat Approval for SUB-8168, Mill Circle Dear Mr Huddleston. On July 24, 1996, the Yelm City Council granted approval of Mill Circle, a 29 lot smgle family subdiVISion located on the west Side of Mill Road and south of Mill Pond School. The followmg conditIons of approval were set by the City Council. The traffic Impact to the 5-Corners mtersectlOn will be 10 PM Peak Trips. The applicant IS required to mitIgate the project Impacts to 5-Corners at $300 00 per PM Peak Tnp The appllcant's financial responsibility for 5-Corners impacts are 10 tnps at $300 00 = $3,00000 MitigatIon fees are payable pnor to final plat approval for each phase Phase I traffic rruttgatton is $1,862 05 Phase II traffic mitigatton IS $620 70 Phase 111 traffic mitigatIon is $517 25 for smgle famtly residentIal and $1034 50 for townhouse development. 2 The apphcant IS reqUired to construct a reSidentIal access street, per the Yelm Development GUidelines, from Mill Road to and through the site Street lightmg reqUIrements are mcorporated m standards for reSidentIal access streets, All constructIOn drawmgs must be approved by the City ofYelm Pubhc Works Department. 3 The apphcant shall pay the fee m heu of the open space dedication. The fee is calculated at 77~ per square foot of reqUIre open space. The open space reqUirement for the proposed project is 20,691 square feet at 77~ per square foot = $15,932 07 Park fee IS payable prior to final plat approval Phase I park fee IS $9,883 28 Phase 11 park fee IS $3,29443 Phase III park fee is $$2,745 36 4 ExtenSion and necessary upgrade of the current water line on Mill Road IS the responsibihty of the apphcant and Will be constructed per standards in the Water ComprehenSive Plan and City of Yelm Development GUldehnes * /lrcycfrd I'nprr Mr John Huddleston August 5, 1996 Page 2 5 Phase I of the project will be served with eXist10g capacity at the Sewer Treatment Plant. Phase II and III IS subject to the successful upgrade of the Sewer Treatment Plant. ExtensiOn and necessary upgrade of the current sewer line on Mill Road IS the responsibihty of the applicant and will be constructed per standards 10 the Sewer Comprehensive Plan and City ofYelm Development GUidehnes. 6 Final Stonnwater Design and construction shall be 10 compliance With City o[Yelm Development Standards and approved by the City ofYelm Pubhc Works Department. 7 The applIcant shall submit a Homeowners Agreement for approval by the City The Agreement, at a nurumum shall conta1O proVIsions for the homeowners Jo1Ot ownershIp of Tract A and authonze the homeowners aSSOCiatiOn to assess and collect fees for the ma10tenance and repair of the stonnwater facility The Homeowners Agreement shall be referenced on the face of the plat and recorded With the final plat. 8 The applIcant shall comply With Mitigation Agreement, recording number 3016733, between the Yelm School Dlstnct and the Applicant. Per the Mitigation Agreement, the applIcant shall pay the Yelm School Dlstnct, $650 00 per residential umt. TIle mitigation fee IS due and payable pnor to Issuance of building permIts. 9 The apphcant shall proVIde fire hydrant's on-site. Construction Drawmgs shall be m comphance With City ofYelm Development Standards and approved by the City ofYe1m Public Works Department. '10 As provided m City ofYelm Ordmance No 519, the apphcant may enter mto a latecomer's agreement for transportatIOn unprovements wrnch benefit md1vldual property owners and for future cOlmectIons mto the water and! or sewer hnes extend from the pomt of cormectlOn to the project site. Prehmmary plat approval IS vahd for three years from the date of approval. Prelunmary plat approval will expire on July 24, 1999 If you need further assistance or have any questions, please contact me at 458- 8408 Smcerely, r!-!:I..:I-k t..1..-L/ CLrlt--- Cathenne Carlson City Planner cc Shelly Badger Ken Gannann Jerry Prock -?? . . ,.' l, 11,'1 ....:f lr1. I...."-.--~- t.~. i(, , \ , ~-~, 1: 4 .. .. iI.. t '\, ... .~;;.. r4;--;~ ~~-r;"ft~"'- ::.~- ~ :1''-..;:.: ~~~R} 4 ~ ....i-....... ""~~ --:~~-.p;,:~ fl' 1> i h1. CI !,0T ,1,) H I'.~ I " I, I' tIt! i, J' H'~ ,; qj , j - } ~ I (" n 1 /-!f , \ 4./1,' l 11 r I ( E [ L./ i\ \1 t ()\ ,) H ,,\ jJ ! !\ l ' f .. t ,n / ,rJ4't f r--> "" 4 ' City oj' Yelm 105 Yelm Avenue West POBox 479 Ielm, Washinj;toll 98597 (360) 458-3244 August 5, 1996 Mr John Huddleston POBox 1206 Yelm, W A 98597 Re PrehmInary Plat Approval for SUB-8168, Mill Circle Dear Mr Huddleston, On July 24, 1996, the Yelm City Council granted approval of Mill Circle, a 29 lot SIngle family subdiViSion located on the west Side of Mill Road and south of Mill Pond School. The follOWIng conditions of approval were set by the City Council The traffic impact to the 5-Corners IntersectiOn Will be 10 PM Peak Tnps, The applicant is reqUired to mitigate the proJect impacts to 5-Corners at $300 00 per PM Peak Tnp The applicant's financIal responsibility for 5-Corners impacts are 10 tripS at $300 00 = $3,00000 Mitigation fees are payable prior to final plat approval for each phase Phase I traffic mitigatiOn is $1,862 05 Phase II traffic mitigation is $620 70 Phase III traffic mitigatiOn is $517 25 for SIngle family residential and $1034 50 for townhouse development. 2 The apphcant is reqUired to construct a residential access street, per the Yelm Development GUidelInes, from Mill Road to and through the Site Street lightIng reqUirements are Incorporated In standards for residential access streets All constructiOn drawIngs must be approved by the City ofYelm Public Works Depaiiment. 3 The applicant shall pay the fee In lieu of the open space dedicatiOn, The fee is calculated at 77~ per square foot ofreqUire open space The open space reqUirement for the proposed proJect is 20,691 square feet at 77~ per square foot = $15,932 07 Park fee IS payable pnor to final plat approval Phase I park fee is $9,883 28 Phase II park fee is $3,294 43 Phase III park fee IS $$2,745 36 4 ExtensiOn and necessary upgrade of the current water line on Mill Road is the responsibility of the applicant and Will be constructed per standards In the Water ComprehensIve Plan and City of Yelm Development GUidelInes * /laycl_d 1'''1''' Mr John Huddleston August 5, 1996 Page 2 5 Phase I of the proJect will be served wIth eXIstmg capacIty at the Sewer Treatment Plant. Phase II and III IS subJect to the successful upgrade of the Sewer Treatment Plant. ExtenSIOn and necessary upgrade of the current sewer lme on Mill Road IS the responsibihty of the apphcant and will be constructed per standards m the Sewer ComprehensIve Plan and CIty ofYelm Development GUIdehnes 6 Final Stormwater Design and constructIon shall be m complIance wIth CIty of Yelm Development Standards and approved by the CIty ofYelm Pubhc Works Department. 7 The applIcant shall submIt a Homeowners Agreement for approval by the CIty The Agreement, at a mlrumum shall contam prOVISIons for the homeowners Jomt ownershIp of Tract A and authonze the homeowners aSSOCIatIon to assess and collect fees for the mamtenance and repair of the stormwater facIhty The Homeowners Agreement shall be referenced on the face of the plat and recorded WIth the final plat. 8 The applicant shall comply WIth MitigatIOn Agreement, recordmg number 3016733 between the Yelm School DIstnct and the Applicant. Per the MItigatIOn Agreement, the applicant shall pay the Yelm School DIstnct, $650 00 per residentIal umt. The mItigatIon fee IS due and payable pnor to Issuance of buildIng perrruts 9 The applicant shall proVIde fire hydrant's on-SIte. Construction Drawmgs shall be m complIance With CIty ofYelm Development Standards and approved by the CIty ofYelm PublIc Works Department. 10 As prOVided ill CIty of Yelm Ordmance No 519, the applIcant may enter mto a latecomer's agreement for transportatIOn Improvements wInch benefit mchvldual property owners and for future connections mto the water and! or sewer lInes extend from the pomt of COImectIOn to the project site. PrellIIll.I1ary plat approval IS valid for three years from the date of approval. PrelImmary plat approval will expire on July 24, 1999 If you need further aSSIstance or have any questIOns, please contact me at 458- 8408 Smcerely, ~d k tc 1JJ G<_yAi "-- Cathenne Carlson City Planner cc Shelly Badger Ken Garmann Jerry Prock . .. ...... ~ ~ ~. . After recording return to' Yelm Commumty Schools DIStnct No 2 404 Yelm A venue West POBox 476 Yelm, W A 98586 Attn. John Thomson MITIGATION AGREEMENT r- , THIS MITIGATION AGREEMENT ("Agreement") IS made thIS \ q day of ~~, 1996, between the YELM COMMUNITY SCHOOLS DISTRICT NO 2, Yelm, WashIngton (the "District") and JCH DEVELOPMENT (the "Developer"). RECITALS ~~I_ _ A The Developer has suhIDltted an applical10n to the City of Yelm for the constrncl1On ~g~~Smgle family dwelling units, commonly known as Mill Circle Estates, (the "Project") The 7f'JI Project is located on property that lies wIthm Distnct boundaries, more partIcularly described on ExhibIt A, attached hereto and mcorporated 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 IIrmted to, plat or PUD approval or the issuance of bUIlding pernuts, may be reviewed to determine the nature and extent df-theIr Impact on the envIronment. Impacts on publIc services, mcludmg schools, are envIronmental Impacts for the purposes of SEP A. SEP A reqUIres the IDltIgation of adverse envIronmental impacts. C The Dlstnct's student populatIOn and growth projections indicate that the Project will have an Impact on the DIStnct, when cumulatIve Impacts of other projects are consIdered. D RCW 82.02.020 authonzes the DIStrIct to enter mto a voluntary agreement WIth the Developer for payment to rmtIgate the rrnpact of the Developer's Project. E Pursuant to ResolutIOn No 12-16-93-05, it IS the polIcy of the Distnct to recommend that the chrect Impact of development be voluntanIy rmtIgated by the payment of fees and other rmtigatIon measures where appropnate. F The Developer has agreed to mitIgate, on a voluntary basIS, the adverse Impact of the Project on the DIStriCt. AGREEMENT NOW, THEREFORE, m 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 chrect Impact on the DIStnCt as a result of the Developer's Project and that thIs Agreement IS necessary as a result of that Impact. 1111111I11111111111111 YELM COMMUNITY SCHOOLS AGR $1~ 88 3016733 Page 1 of 4 83/81/96 88 l~A Thurston Co, WA ,. ~ ~ JllUIUJJlI It II U JI 3016733 Page 2 of 4 a3/a1l96 aa taA Thurston Co, WA 2. The Developer acknowledges and agrees that m order to mitigate the direct Impact of the Project, the Developer has offered to pay the Distnct the following sum of money SIX Hundre~ty and No/~.pollars ($65000) for each sIngle family dwellIng umt or ~he total sum of l'I. thousand, nme hundred fifty and No/lOO Dollars,J$14,9S0 00) (the "MItigatIOn Payment") for tht7tv.'eR~' three sIngle farmIy dwellIng umts. C~ at:> \ \~. ex> ') """1'\-\,~ ljr'\'- 3 Any extensIOn, renewal, modIficatIOn or amendment to the Project that results In an adjustment In the number of dwelling umts shall result In a correspondIng pro rata adjustment In the Mitigation Payment. 4 The Developer agrees that the payment of the full MitigatIOn Payment (in the amount of SIX hundred and fifty and No/lOO Dollars ($65000) per dwellmg umt or fourteen thousand, mne hundred fifty and No/lOO Dollars ($14,95000) for the project, shall be a conditIOn of bUIlding penrut Issuance and shall be made pnor to or at the time of buildmg permit Issuance for each single family dwelling m the project. 5 partIes. The Dlstnct agrees to record thIS Agreement after It has been executed by the 6 The Developer acknowledges and agrees that the MitigatIOn Payment is authonzed to be used for capital Improvements to the follOWIng facIlitIes. Fort Stevens Elementary School, Mill Pond IntermedIate School, YeIm 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 m paragraph 6 In the event that the Mitigation Payment is not expended withIn those five years, the moneys will be refunded WIth mterest 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 wlnch IS attributable to the Developer, the Payment shall be refunded WIthout interest. 8 The Developer WaIves and relInqUIshes ItS nght to protest or challenge the payment of the MitigatIOn Payment pursuant to tlns Agreement and hereby covenants and undertakes that It forever refraIns and deSIsts from Instituting, assertIng, filIng or bnngIng any laWSUIt, lItIgatIOn, claIm, or challenge or proceedIng to challenge thIS Agreement, claim any repayment or reimbursement of funds, performance or improvements provided for therem, 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 1llltigatIon for the Impact of the Project as presently proposed on the DIStrICt. 11 Tlns Agreement shall be bIndIng upon and Inure to the benefit of the heIrs, executors, admImstrators, successors, and asSIgns of both of the Developer and the DIStrICt. 12 If an action must be brought to enforce the terms of thIS Agreement, such action shall be brought In Thurston County Superior Court. The preVaIlIng 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. -2- ,. e e EXHIBIT A LEGAL DESCRIPTION , General LocatIOn West of Mill Road adJacent to Mill Pond Intermediate School Section 25 Township 17N Range 1 E Land Area 9.5 Acres including Plat Roads Legal DescnptIOn. Lot 1 of City of YeIm Short Plat No. 8155 recorded under Auditor's File No 9509270177, Vol 2459 of General Index, page 612, records of Thurston County, Washington ~ Description: ConstJ1l~ Single Family Lot!i 1i 11111 11I11111111111111 YELM COMMUNITY SCHOOLS AGR $lS SS 3016733 Page 3 of 4 S3/S1/96 sa lSA Thurston COI WA -3- r . . ~ 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 tills instrument, on oath stated that he was authonzed to execute the Instrument and acknowledged It as the Supenntendent of the YeIm Commumty Schools DIStnct No 2 to be the free and voluntary act of such party for the uses and purposes mentIoned In the Instrument. ' 1"f 9~ ,~ ~ II IIIIIIIIIIIII~ II YELM COMMUNITY SCHOOLS AGR 1111 $18 88 3016733 Page 4 of 4 83/81/96 88 18A Thurston Co, WA ~ , ) 'f .0: ~, I J,:- ... '[;yeappomtment expIres lIP iL7f/ff': " '" ./ I certify that I know or have satisfactory eVIdence that John D Huddleston IS the person who appeared before me, and said person acknowledged that he sIgned tills instrument, on oath stated that he was authOrIzed to execute the instrument and acknowledged it as the Legal Representative of JCH Development to be the free and voluntary act of such party for the uses and purposes mentIoned in the Instrument. Dated. ~U(2vJ4ey I~ /f9t. YELM COIvlMUNlTY SCHOOLS DISTRICT NO 2 ~~ a~~ By' Dr Charles A. Hall Its Supenntendent JCH DEVELOPMENT -:::r-c-*'. ~~ ~rts~~ -- -". ~ ~ 4Tt;,e. 'I ,. Title ,. ' ; My appoIntment expIres ~ttf f~ -" -4- '. .- .. r ,j . " DATED' DATED' o,>>'\\~\.c ~ STATE OF WASHINGTON COUNTY OF THURSTON Dated. STATE OF WASHINGTON COUNTY OF THURSTON J:\GTY\19406-OO.061\HRCAGR,DQC ~------- s~ .[;.;,;tJ 'c" ! ~y~€.- - ~0~~ 8~ -- . ----------- -------~ / /te-2t- REAL EST ATE PURCHASE AGREEMENT Tlus REAL EST ATE PURCHASE AGREEMENT (" Agreem:nt") is made as of this 2 9 'Tt-+ day of M Po ~ c.. H , 1995, by and between James M. and Patncla J Forrester (collectively, "Seller") and Yelm Commuruty Schools ("Buyer"), WIth reference to the folloWIng facts Seller IS the owner of those certam parcels of real property located in Thurston County, Waslungton, the legal description of wluch IS attached hereto as Exhibit A (the "Real Property") The Real Property consIsts of two parcels Parcel 1 is a fee interest m apprmamately 12 acres of land. Parcel 2 IS an access easement from Parcel 1 to SR 507 Seller will sell to Buyer, upon the terms and conditIons set forth herem, the Property (defined below) AGREEMENT NOW, THEREFORE, m conslderatlon of the terms and conditions of this Agreement, and the mutual covenants herem contamed, Buyer and Seller hereby agree as follows 1 Property Descnption. Seller shall sell and convey to Buyer, and Buyer shall purchase and acquIre from Seller, upon and subject to the terms and conditions set forth In tlus Agreement, the following (collectively hereafter referred to as the "Property") the Real Property, together WIth any buildings, easements, appurtenances, rights, privileges, reversionary nghts and Improvements thereunto belonging or appurtenant to the Real Property; all trees, shrubbery and plants now m or on the Real Property; all nght, tItle and interest of Seller in and to all alleys, strips, or gores of land, if any, lymg adjacent to the Real Property; all utihties servmg the Property; all nght, title and interest of Seller in and to all rights-of-way, nghts of ingress or egress or other interests m, on, or to, any land, tughway, street, road, or avenue, open or proposed, In, on, or across, in front of, abuttmg or adJoirung the Real Property 2 Purchase Price, The purchase pnce to be pald by Buyer to Seller for the Property is THREE HUNDRED THOUSAND AND NO/IOO DOLLARS ($300,00000) (the "Purchase Price") 3 follows Payment of Purchase Price. The Purchase Price shall be payable to Seller, as (a) Earnest Money DepOSIt. Witlun five (5) days following the execution and delivery of this Agreement, Buyer shall open escrow with Transamenca Title Insurance Company In Olympia, Washington (the "Escrow Agent), by deposltmg with Escrow Agent a copy of tlus Agreement and a promissory note in the form of Exhibit B attached hereto m the amount of Three Thousand Dollars ($3,00000) (the "Earnest Money Note") due and payable to Escrow Agent at the end of the Contmgency Penod "Contmgency Period" means the period endmg F ou ~ T'Y PI V E (Lf5) days from execution of tlus Agreement by both partIes. If, at or pnor to the end of the Cont1Ogency Penod, Buyer gives notIce 10 writmg to Seller and Escrow Agent that Buyer elects to proceed With purchase of the Property, the $3,00000 due under the ?J1 tWJ~ J pronussory note WIll be converted to cash and paid mto escrow (the "Earnest Money DepOSit") If Buyer does not elect to proceed or falls to give any notice, the Note will be returned to Buyer marked "Cancelled" The Earnest Money Deposit shall be applicable to the Purchase Price The Earnest Money Deposit shall be held in an interest bearing money market-type account by Escrow Agent Interest on the Earnest Money DepOSit shall be for the benefit of whichever party is entitled to the Earnest Money DepOSit at Closing or other ternunatlon of dus Agreement If Buyer gIves notice as proV1ded above that It has elected to purchase the Property and all of Buyer's remaIning conditIons to closmg are thereafter satisfied, but Buyer thereafter faIls, WIthout legal excuse, to complete the purchase of the Property, Seller, as its sole and exclusive remedy, may retaIn the Earnest Money as liquidated damages and not as a forfeiture or penalty, both Buyer and Seller hereby acknowledging that Seller's actual damages resulting from the failure to close the purchase will be dUlicult to ascertain and measure, and that such liquidated damages wtll represent a fall' and reasonable estimate of such damages that will be sustained by Seller. (b) Cash to Close On the Closmg Date, Buyer shall deposit WIth Escrow Agent the Purchase Pnce, less the Earnest Money Deposit and interest thereon and any other amounts to be credited against the Purchase Price. 4 Closmg Date. The closing (the "Closing") shall be held at the offices of the .~ Escrow Agent, on a date chosen by Buyer that is on or before f-II A'< '30 , 1995 r "Closing" shall occur when the deed to Buyer is recorded and the Purchase Price is delivered to the Escrow Agent for delivery to Seller 5. Title and Survey Matters. (a) Title Binder Buyer shall obtain at Seller's cost a commitment for a 1970 AL T A owner's standard title insurance policy issued by the Title Company describing the Property, showing all matters pertaIrung to the Property, listmg Buyer as the prospective named insured and shOWIng as the policy amount the total Purchase Price At the same time, the Title Company shall also deliver to Buyer true, correct and legible copies of all documents (the "Title Documents") referred to in such title comnutment as conditions or exceptions to title to the Property (such title insurance policy commitment and the Title Documents are collectively referred to herein as the "Title Binder") (b) Title Review During the Contingency Period (defined below), Buyer shall review the Title Binder and the Survey (defined below) and, on or before the expiration of the Contmgency Period, shall notify Seller what exceptions, to title, if any, will be accepted by Buyer Only those exceptions approved by Buyer in wntmg shall constitute "Pernutted Exceptions" Seller shall remove all exceptions that are not Pennated Exceptions pnor to the Closmg Date. If Seller shall faIl to remove any such exceptions objected to by Buyer from title prior to the Closmg Date, and Buyer is unwilling to take title subject thereto, Seller shall be in default hereunder and, without limiting Buyer's rights and remedies against Seller, Buyer may elect to terminate this -2- 7."H J1tr " Agreement and Seller shall be liable for all of Buyer's damages, mcluding Buyer's costs and expenses mcurred hereunder, includmg title and escrow costs and attorneys' fees. (c) Title Policy Buyer shall receive at Closmg, an Owner's Pohcy of Title Insurance (AL T A Form 1970-B) issued by the Title Company to be furnished to Buyer The Title Policy shall be Issued m the amount of the total Purchase Price and shall msure fee Simple, indefeasible title to the Property m Buyer, subject only to the Pernutted Exceptions. The Title Policy shall contaIn endorsements as Buyer may require. Buyer may also elect to require extended coverage title msurance. In such case, Buyer shall pay the addItIonal prenuum for extended coverage, but Seller shall cooperate by executmg such affidavits and agreements as the Title Company may require for extended coverage. Buyer's obligatIon to close tlus transaction shall be contmgent on Buyer's receipt of such Title PolIcy (d) Survey Buyer may, at Buyer's expense, obtain a current ALTNASCM survey (the "Survey") of the Real Property prepared by a hcensed or registered surveyor which survey shall be satisfactory to Buyer and to the Title Company 6 Conditions to Buyer's Obligations. (a) Satisfaction of ConditIons. Buyer's obligation to purchase the Property shall be subject to and contingent upon the satisfaction or waiver by Buyer of the conditions set forth below at or prior to expiratIon of the Contingency Period. Buyer and Its employees and agents shall have the right and permission from the date of this Agreement through the Closmg Date (or earlier termination of this Agreement) to enter upon the Property or any part thereof at all reasonable times and from time to time for the purpose, at Buyer's cost and expense, of makmg all soil and other tests or studies under the provisions of this Agreement. (i) Property InspectIon. Buyer shall be satisfied, in its sole artd absolute discretion, With the physical condition of the Property including, without Im1itation, the results of soil tests (including borings), toxic and hazardous waste studies, surveys, engmeering, lustorical use, traffic and access studies, structural studies and review of zoning, fire, safety and other complIance matters. (ll) Satisfactory Performance. Buyer shall be satisfied, m its sole and absolute discretion, with the past performance and potentIal future performance of the Property for Buyer's mtended purposes mcludmg, without lImitatIOn, the zoning and other codes, covenants andlor restrictions affecting the use and future development of the Property, the restrictions, tf any, to demolishing any existing improvements on the Property, the certificates, licenses and pernuts existing With respect to the Property and likelihood and antiCipated cost of obtaIning additional certificates, licenses and pernuts that Buyer deSires to obtaIn With respect thereto, the availability and access to public roads, the aVaIlability of utIlIties and sewer capaCity, the potential opporturuty to acquire additional property adjacent to or contiguous with the Property, and past performance of the Property, the potentIal to finance the Property In a manner satisfactory to Buyer In all respects and demographtc studies With respect to the neighborhood and regIon in wluch the Property IS located. -3- ~ ~nt .pj( t (lll) The Board of DIrectors ofYelm Community Schools shall have approved the transaction (b) AdditIOnal CloSIn2' ConditIOns. In addItion to the conditions stated in paragraph 6(a) above, Buyer's oblIgation to purchase the Property shall be subject to the following conditions whIch must be satisfied by Seller as of ClOSing unless waIved by Buyer at Closing: (1) The Property shall be legally diVIded from adjacent property owned by Seller through the process of boundary line adjustment to the Buyer's adjacent property; (ii) The Property is currently classified as open space land pursuant to RCW Chaper 84.34. Consequently, it is assessed at a lower property tax rate. Under the terms of this statute, upon transfer or sale of land to a new owner who does not intend to continue to maIntain the land as open space, additional taxes and a penalty are due prior to the sale closing. Buyer shall, prior to Closing, pay the additional taxes, penalties, and any other fees assessed by the County Auditor connected with the change of classification; (hi) Seller, Buyer and John Huddleston (or an entity owned or controlled by Huddleston) shall have entered Into an agreement regarding the Parcel 2 access easement (which easement wIll cross property currently owned by Seller and under contract to Huddleston [andlor an entity owned or controlled by Huddleston)) to allow access from Parcell to SR 507. The agreement shall be in substantially the form attached hereto as Exhibit C; (IV) All representations and warranties of Seller contained herein shall be true, accurate, and complete at the time of the Closmg as if made agmn at such time; (v) Seller shall have performed all obligations to be performed by it hereunder on or before Closing (or, if earlier, on or before the date set forth in this Agreement for such performance); (vi) At Closing, Seller shall deliver title to the Property m the condition required by Paragraph 5 of this Agreement, and the Title Company shall issue the TItle Policy required by Buyer; and (vii) At Closing, the physical condition of the Property shall be the same as on the date hereof, ordinary wear and tear excepted. If the conditions set forth above arc not satisfied as of Closing and Buyer does not waive same, the Earnest Money Deposit and all interest thereon shall be returned by Escrow Agent to Buyer, and thereafter neIther Buyer nor Seller shall have any further lIability to the other under Uns Agreement. -4- 4//11 \ ~, 7 Seller's RepresentatIons and Warranties Seller hereby makes the followmg representations and warranties, wluch representations and warranties shall be deemed made by Seller to Buyer also as of the Closmg Date (a) Parties in PosseSSIon, There are no parties or trespassers m possession or wluch have a nght to possession of all or any portion of the Property, and there are no leases or licenses affectmg the Property (b) Condemnation or Assessment. Access There IS no pending condemnation or smtilar proceeding affectmg the Property, nor, to Seller's knowledge, is there any such proceeding or assessment contemplated by any governmental authonty The Property has full and free access from public hIghways, streets or roads, and there is no pending or threatened governmental proceeding which would Impwr or curtail such access. (c) Zornng. Compliance WIth Law. Seller warrants that the current zonmg of the Property is R-4 To the best of Seller's knowledge, Seller has complied with all applIcable zoning, use, environmental, flood control, planrung, building, fire, health, traffic, disabled persons or other laws, ordinances, regulatIons, statutes and rules relating to the Property, and every part thereof. Seller has not received and IS not aware of any notIfication from any governmental authority requmng any work to be done on the Property or advismg of any condition (including, Wlthout limitatio~ hazardous substances or wastes) wluch would render the Property unusable or affect the usability of the Property or any part thereof for the purposes of Buyer (d) Option to ACQuire Premises Except for the contract Wlth Creative Homes, Inc dated as of February I, 1995, no person or entity has any right of first refusal or option to acquire any interest in the Property or any part thereof, and Seller has not sold or contracted to sell the Property or any portion thereof or interest therem other than as set forth herein. Seller shall be responsible for obtaining release of the Property from the Creative Homes contract and executlOn of any documentatlOn with CreatIve Homes to eVldence such release Seller shall indemnify and hold harmless Buyer from any liability Wlth respect to the Creative Homes contract. (e) Foreign Person. Seller is not a foreign person and is a "United States Person" as such term is defined in Section 7701(a) (30) of the Internal Revenue Code of 1986, as amended (the "Code") and shall deliver to Buyer pnor to the Closmg an affidavit evidencing such fact and such other documents as may be required under the Code. (f) Sole Legal Owner Seller is the sole legal fee owner of the Property, and IS not holding fee title as a nominee for any other person or entity (g) Payment of ImpOSitions. No assessment, speCIal assessment or tax affectmg the Property shall be permitted to go to bond prior to Closmg, (h) Mechanics' Liens. No labor, material or services have been furrnshed i~ on or about the Property or any part thereof as a result of which any mechanics', laborer's or materialmen's liens or claIms nught anse -5- /! I f / t{ ../j Jb (i) Semce Contracts There eXIsts no employment, UniOn, purchase, semce or maIntenance contracts or any other contracts, licenses and pernuts affectmg the Property Seller shall mdemrufy, defend and hold Buyer harmless from any claIm made or cause of action brought under any such semce contract U) Taxes. The tax bills provided by Seller to Buyer are the most recent tax bills W1th respect to the Property and represent the entire liability for governmental taxes, fees or other impOSItions, Seller shall pay all taxes attributable to any period of time prior to the date of Closmg, (k) Assumption ofLlabihties. Buyer, by virtue of the purchase of the Property, W11l not be required to satisfy any obligation of Seller arising pnor to the Closing Date. Other than such obligations so expressly assumed by Buyer or any liens or other obligations with respect to the Property whIch result from any action or actlV1t1es by or on behalf of Buyer after the Closmg Date, Seller, after the date of Closmg, will pay and discharge any and all liabilities of each and every kind arising out of or by virtUe of the possessIon, ownership or use of the Property prior to the Closing Date, and shall indemrufy, defend and hold Buyer harmless therefrom. (1) Defaults. Seller IS not in default and there has occurred no uncured event which, W1th notice, the passage of time or both would be a default, under any contract, agreement, lease, encumbrance, or mstrument pertaIning to the Property (m) litigation. There is no litigation or threatened htigation which could now or in the future in any way constitute a hen, claim, or obligation of any kind on the Property, affect the use, ownership or operation of the Property or otherwise adversely affect the Property For purposes of this clause (m), htigatlon includes laWSUits, actions, adnunistrative proceedings, governmental investigations and all other proceedings before any tribunal haV1ng jurisdiction over the Property (n) Hazardous Substances. To the best of Seller's knowledge, the Property IS not 10 violation of any law, ordinance, rule or regulation relating to the environmental conditions thereon. Moreover, to the best of Seller's knowledge, there is no hazardous waste or other substance, 10cludlng but not lmuted to, those that would be a hazardous waste, matenal or substance, toxic substance or pollutant, as defined under the federal Comprehensive Environmental Response, Compensation and Liability Act of 1980, as amended, 42 U S C Section 9601 et. seq , Hazardous Matenals Transportation Act, 49 U S C Section 1801 et. seq , Resource Conservation and Recovery Act, 42 U S C SectIon 6901 et. seq, the Clean Water Act, 42 U S C Section 1251 et. seq , the Washington Environmental Policy Act, RCW Ch. 43 21, the WashIngton Water PollutIon Control Act, RCW Section 90 48010 et. seq, the WashIngton Hazardous Waste Management Act, RCW Ch. 70 105, the Washington Model ToXIcs Control Act, RCW Ch. 70 105D, and the regulations promulgated thereunder or under any apphcable local or state enV1ronmental ordinance, statute, law, rule or regulation, on or in the vicinity of the Property or on any parcels of land which abut the Property Further, to the best of Seller's knowledge (i) there has been no release, spill, leak, discharge, emIssion, leak or dISpOSal, (ii) there are no substances or conditions, In or on the Property or any other parcels of land which .6- ~ \W', ~J( , may affect the Property or use thereof whIch may support a claim or cause of action under any federaJ, state or 10caJ enVlronmentaJ statute, regulatIOn, ordinance or other enVlronmentaJ regulatory requirements and (iii) there is no asbestos, PCBs or underground storage tanks or buried refuse located on the Property or which have been removed therefrom, 8 Covenants of Seller Seller covenants and agrees as follows (a) From the date of tlus Agreement to the ClOSing Date, Seller WIll perfonn all of Its monetary and non-monetary obligations under all indebtedness (whether for borrowed money or otherWIse) and the hens securing same pertalnmg to the Property or any portion thereof, If any (b) From the date of tlus Agreement to the ClOSing Date, Seller will not allow any lien to attach to the Property, nor will Seller grant, create, or voluntanly allow the creating of, or amend, extend, modify or change, any easement, right-of-way, encumbrance, restnction, covenant, lease, license, option or other nght affecting the Property or any part thereof without Buyer's wntten consent first having been obtatned. (c) From the date of tlus Agreement to the Closing Date, Seller will notify Buyer of each event of which Seller becomes aware affecting the Property or any part thereof promptly upon learning of the occurrence of such event. (d) Seller shall not enter into any leases, trust deeds, mortgages, restrictions, encumbrances, liens, hcenses or other instruments or agreements affecting the Property WIthout the prior written consent of the Buyer from and after the date oftlus Agreement. In the event of a default by Seller in the perfonnance of its obligations under this Paragraph 8, Buyer (WIthout any obligation to do so) may, upon five (5) days' pnor written notice to Seller and Seller's failure to cure satd default prior to the expiration of satd five (5) day period, cure such default and may offset the cost of dOing so agatnst the Purchase Price payable at Closing. 9 Closing. (a) Time and Place Provided that all the contingencies set forth in this Agreement have been previously fulfilled, the Closing shall take place at the place and time detennmed as set forth in Paragraph 4 of tlus Agreement. (b) Documents to be Delivered by Seller For and m conSideration of, and as a condition precedent to, the payment to Seller of any of the Purchase Pnce, Seller shall obtain and deliver to Buyer at Closing the following documents (all of wluch shall be duly executed and acknowledged where required). (i) Warranty Deed. A statutory warranty deed ("Deed") in recordable fonn and otherwise 10 fonn and substance reasonably acceptable to Buyer contatnmg the legal .7. { /j{~ [, , description of the Real Property m such form as wlll convey to Buyer a good, marketable and mdefeasible tItle m fee simple absolute to the Property, free and clear of all lIens, encumbrances, conditIons, easements, assIgnments, and restnctlons, except for the Penrutted ExceptIons (ii) Title Documents Such other documents, mcludmg, without lImitatIon, hen waivers, mdemruty bonds, mdemruficatlon agreements, board resolutions and certtiicates of good standmg as shall be reasonably requIred by the Title Company as a condItIOn to Its msunng Buyer's good and marketable fee sImple tttle to the Property free of any exceptIons, other than the Pennitted ExceptIons. (hi) FIRPT A Certificate. The executed affidavit described m paragraph 7(e) above stating that Seller is not a foreign person. (c) Delivery by Buyer Buyer shall dehver the Purchase Price (after credit for the Earnest Money Deposit and all mterest and any other credIts pursuant hereto) (d) Payment of Costs At Closmg, Seller and Buyer shall pay their own respective costs incurred with respect to the consummatIon of the purchase and sale of the Property includmg, WIthout hmitatlon, attorneys' fees. Seller shall pay the prenuum for the Owners Title Policy to be issued by Title Company to Buyer and any real estate excise tax and recording fees to record the Deed Seller and Buyer shall each pay one-half (112) of the escrow fee. (e) Real Property Taxes. Seller shall pay at Closing any Real Property Taxes due or to become due WIth respect to the Property for the period up to the Closing Date. (f) Monetary Liens. Seller shall payor cause to be satIsfied at or prior to Closing all monetary liens on or WIth respect to all or any portion of the Property, including, but not linuted to, mortgages, deeds of trust, security agreements, assignments of leases, rents and/or easements, Judgment liens, tax liens (other than those for taxes not yet due and payable) and financmg statements. 12. Condemnation. In the event of any commenced, to be commenced or consummated proceedmgs in eminent domain or condemnation (collectively "CondemnatIon") respectmg the Property or any portion thereof, Buyer may elect, by wntten notice to Seller, to temunate this Agreement and the escrow created pursuant hereto and be relieved of its obligatIon to purchase the Property If Buyer makes such electIOn, the Earnest Money DepOSIt (including all interest earned thereon) and other sums delivered to Escrow Agent or Seller by Buyer promptly shall be returned to Buyer and neIther Buyer nor Seller shall have any further liabilIty to the other and shall be reheved of all oblIgatIons hereunder If Buyer fails to make such election prior to the Closing Date, this Agreement shall continue m effect, there shall be no reductIon m the Purchase Price, and Seller shall, prior to the Closing Date, assign to Buyer, by an assIgnment agreement in fonn and substance satisfactory to Buyer, its entire nght, title and interest In and to any condemnation award or settlement made or to be made in connection with such Condemnation proceeding. Buyer shall have the nght at all times to partICIpate m all negottatIons and dealmgs -8- ;\ ~~{ 1/'11 with the condemning authonty and approve or disapprove any proposed settlement in respect to such matter Seller shall forthWith notifY Buyer 10 wntmg of any such Condemnation respectmg the Property 13 Casualty If any fire, windstorm or casualty occurs and matenally affects all or any portion of the Property on or after the date of tlus Agreement and pnor to the Closmg, Buyer may elect, by wntten notlce to Seller, to ternunate dus Agreement and the escrow created pursuant hereto and be relieved of Its obligation to purchase the Property If Buyer makes such election, the Earnest Money Deposit (includmg all interest earned thereon) and other sums delivered to Escrow Agent or Seller by Buyer promptly shall be returned to Buyer and neither Buyer nor Seller have any further liability to the other and shall be relieved of all obligations hereunder If Buyer fails to make such election pnor to the Closing Date, this Agreement shall continue in effect, the Purchase Pnce shall be reduced by the amount of loss or damage occasioned by such casualty not covered by insurance, and Seller shall, pnor to the Closing Date, asSign to Buyer, by an assignment agreement in form and substance satIsfactory to Buyer, its entire right, title and interest m and to all insurance claims and proceeds to wluch Seller may be entitled in connection with such casualty. Buyer shall have the nght at all times to participate in all negotiations and other dealings with the insurance camer proVIding such coverage and to approve or disapprove any proposed settlement m respect to such matter Seller shall forthwith notify Buyer in wntmg of any such casualty respecting the Property 14 Notices. Unless appbcable law requires a different method of gIVIng notice, any and all notices, demands or other communications required or desired to be given hereunder by any party (collectively, "notices") shall be 10 wnting and shall be validly given or made to another party if debvered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited 10 the Uruted States mail, certified, registered, or express mail with postage prepaid. If such notice is personally delivered, it shall be conclusively deemed given at the tIme of such delivery If such notIce IS delIvered by Federal Express or other overrught delivery service of recognized standing, It shall be deemed given twenty four (24) hours after the deposit thereof With such delivery service. If such notice is mailed as provided herein, such shall be deemed given forty-eight (48) hours after the deposit thereof in the United States mail. Each such notice shall be deemed given only If properly addressed to the party to whom such notice is to be given as follows. To Seller' James M. and Patricia J Forrester 15026 SR 507 Highway Yelm, WA 98597 -9- t ~H~ To Buyer' Yelm Commuruty Schools Dlstnct No 2 404 Y elm Avenue West P 0 Box476 Yelm, WA 98597 Attn John Thomson Director, Facilities and MaIntenance Any party hereto may change Its address for the purpose of recelvmg notices as herem proVIded by a wntten notice gIven in the manner aforesaid to the other party hereto 15 SUlVlval of Representations and Warranties All representations, warranties, covenants and agreements of the parties contained m trus Agreement, or in any instrument or other wnting provided for herem, shall survive the Closmg. 16 Finders' or Brokers' Fees. Each of the parties represents and warrants that It has not dealt with any broker or finder to which a commission or other fee is due in connection with any of the transactions contemplated by trus Agreement, and insofar as it knows, no broker or other person is entitled to any commission, charge or tinder's fee in connection WIth the transactions contemplated by trus Agreement. The parties hereto each agree to mdemrufy, defend and hold harmless the other party against any loss, l.1abihty, damage, cost, claim or expense, includmg interest, penalties and reasonable attorneys' fees, that the other party shall incur or suffer by reason of a breach by the first party of the representation and warranty set forth above. 17 Event of Default. In the event of a default under this Agreement by Seller (includmg a breach of any representation, warranty or covenant set forth herem), Buyer shall be entitled, m addition to all other remedies, to seek monetary damages and specific perfonnance of Seller's obhgatlOns hereunder In the event of a breach or default by Buyer without any default by Seller or failure of any condition to Buyer's obhgations hereunder, Seller's sole and exclusive remedy shall be the retention of the Earnest Money Deposit held by Escrow Agent, together WIth all interest earned thereon, and all amounts previously paId to it hereunder, as liquidated damages and not as a forfeiture or penalty The partIes acknowledge that m the event of such default by Buyer, Seller will have incurred substantial but unascertaInable damages and that therefore the provision herein for liquidated damages is a valid one. 18 Reports. Within five (5) days after the execution and delivery of this Agreement, Seller shall dehver to Buyer copies If any of all available documents, agreements, plans and specifications relating to the Property, all surveys, topographical and plat maps, results of s01l tests, mfonnation, reports and other data reasonably requested by Buyer and in Seller's possessIOn or under Seller's control. 20 Miscellaneous. (a) Applicable Law Tllis Agreement shall In all respects, be governed by the laws of the State ofWashmgton. -10- ") f 'v.,~ /tt-1' , ...... I , (b) Further Assurances Each of the parties shall execute and dehver any and all additional papers, documents and other assurances, and shall do any and all acts and things reasonably necessary m connection With the performance of its obligations hereunder, to carry out the intent of the parties hereto (c) ModificatIOn or Amendment No amendment, change or modification of tlus Agreement shall be valid, unless m writmg and Signed by all of the parties hereto (d) Successors and AsSigns All of the terms and prOVIsions contamed herem shall mure to the benefit of and shall be bmdmg upon the parties hereto and their respective heirs, legal representatives, successors and asSIgnS. ( e) Entire Agreement. This Agreement constitutes the enhre understandmg and agreement of the parties with respect to its subject matter and any and all prior agreements, understandings or representations WIth respect to ItS subject matter are hereby canceled m their entirety and are of no further force or effect. (t) Attorneys' Fees. Should either party bring suit to enforce this Agreement, the prevailing party in such lawsuit shall be entitled to an award of its reasonable attorneys' fees and costs incurred in connection With such lawsuit. (g) Headmgs. The captions and paragraph headings used in this Agreement are mserted for converuence of reference only and are not mtended to define, IJInit or affect the mterpretation or construction of any term or proviSion hereof Tlus offer will expire if not executed by Seller on or before 5 p m. on ,~ p ,1995 SELLER. f!.#lU- '-;It? 1~~- ames M. Forrester ~.2;; ~~ Patricia J Fo ster BUYER. Yelm Community Schools BY~~~ a)(~ Dr Charles A. Hall, Superintendent-- J:\JA8\327374:l,001\2U.2NM,OOC -11- '} "fir f' &. 7iE:U& & rlSSt)e1~7&S LAND SURVEYING EXHIBIT A LEGAL DESCRIPTIONS PARCEL 1 BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25, TOWNSHIP 17 NORTH, RANGE 1 EAST, W.M., THENCE N 89.12'43" W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER A DISTANCE OF 21282 FEET, THENCE N 22.51'20" W A DISTANCE OF 72055 FEET, THENCE N 40.14"50" W A DISTANCE OF 302 90 FEET; THENCE N 59.00'36" E A DISTANCE OF 819 79 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER, THENCE S 00.37'30" W ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 1320.28 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 12.00 ACRES. PARCEL 2: AN EASEMENT FOR INGRESS, EGRESS AND UTILITIES OVER, UNDER AND ACROSS THAT PARCEL DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 25,TOWNSHIP 17 NORTH, RANGE 1 EAST, W M.; THENCE N 89.12'43" W ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHEAST QUARTER A DISTANCE OF 21282 FEET, THENCE N 22.51'20" W A DISTANCE OF 720 55 FEET; THENCE N 40.14"50" W A DISTANCE OF 302 90 FEET TO THE TRUE POINT OF BEGINNING, THENCE N 40.14'50" W A DISTANCE OF261.05 FEET; THENCE N 00.47'16" E A DISTANCE OF 189.87 FEET TO THE SOUTHEASTERLY MARGIN OF YELM RANIER HWY (S.R. 507), THENCE N 51.33'50" E ALONG SAID MARGIN A DISTANCE OF 77.45 FEET; THENCE S 00.47'16" W A DISTANCE OF 13032 FEET TO THE BEGINNING OF A CURVE TO THE LEFT, THE RADIUS POINT OF WHICH BEARS S 89.12'44" E A DISTANCE OF 230 00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 41.02'06" A DISTANCE OF 164. 73 FEET, THENCE S 40.14'50" E A DISTANCE OF 162.30 FEET, THENCE S 59.00'36" W A DISTANCE OF 60.79 FEET TOTHE TRUE POINT OF BEGINNING. ~,-<-,/If ~ EDDIE M TRUE P L S ~...." - v, .., EX?'no;~: _ If, !lrVh j ~~I .;"/' A ~ 10<"/.,- EXHIBIT B PromIssory Note $3,000 Yelm, Washmgton, J?7tYV' ;). <; , 1995 FOR VALUE RECEIVED, Yelm Commuruty Schools ("Maker") promises to pay to Transamerica Title Insurance Company ("Holder") or order, the sum of Three Thousand Dollars ($3,000) WIthout interest thereon payable solely upon WaIver of contmgencies described 10 that certam Real Estate Purchase Agreement dated )n...... J.. 9 ,1995 by and between James M. and Patricia J Forrester as seller and Maker as buyer If this Note is not so paid, the entire principal sum shall become due and payable at once without further notice at the option of the Holder hereof. This Note shall bear interest at the rate of twelve percent (12%) per annum after maturity or after failure to pay any mstallment when due. If tlus Note shall be placed in the hands of an attorney for collection, or if suit shall be brought to collect any of the principal or interest of this Note, Maker promises to pay a reasonable attorney's fee. Yelm Community Schools By d;?;;:Y'~ a~>> - Dr Charles A. Hall, Supenntendent -13- fl. (:\ ~ ~v/r I ' E XH- I t3 II C AGREEMENT FOR GRANT OF EASEMENTS This Agreement is made by and between Ye1m Community Schools (the llDistrict") James and Patricia Forrester (collectively. "Forrester") and 10hn Huddleston d/b/~ JCH Development("Huddleston") with regard to the following facts. RECITALS A. Huddleston has agreed to purchase 9 and 1/2 acres of real property from 10hn Dodson, described on Exhibit A attached hereto (the "Huddleston Mill Road Site"). B. Huddleston has entered into an agreement to purchase real property from Forrester. which real property is described on Exhibit B attached hereto (the "Huddleston SR 507 Site"). Under the ternu of the Huddleston-Forrester agreement, Huddleston is not obligated to accept title to the Huddleston SR 507 Site subject to an acceaa euement benefitting the District DR 507 Site (defined below). ' C. The District owns real property described on Exhibit C attached hereto (the CCDistnct Mill R.oad Site"). D. The District baa entered into an agreement to purchase real property from Forrester which real property is described on Exhibit D attached hereto (the ICDistrict SR 507 Site"). E. The District SR 507 Site does not CWTently have access to SR 507 and the Huddleston Mill Road Site does not cumnt1y have access to Mill Rold. Eac:h of the District and Huddleston wish to agree upon the tenn.s and conditions for providing ~S8 ea&ement5 for these parcels across the Huddleston SR. 507 Site and the District Mill Road Site. NOW THEREFORE. for and in consideration oxthc mutual agreements contained herein, and for other good and valuable consideration, receipt and sufficiency ofwmch is hereby p.cknowledS~ the parties agree as follows: 1. Access Ea!ement for District S~ 507 Site. The District will acquire the Distri~ SR 507 Site from Forrester together with an easement for access/egress and utilities across the Huddleston SR 507 Site to SR 507. This easement shall be sixty (60) feet in width and shall be located in approximately the location shown on the map attached hereto a8 Exhibit E. Huddleston will acquire the Huddleston SR. 507 Site from Forrester subject to the easement in favor of the District described in the previous sentence. Huddleston agrees and confirms to District and to Forrester that conveyance of the easement by Forrester to the District shall not violate the agreement between Forrester and Huddleston and Huddleston shall accept title from Forrester subject to the e8sementJ The parties further agree that the fina1location of the access to SR 507 for the District SR 507 ~ite is subject to approval by the City ofYelm and that the location shown on Exhibit E is approximate. The purchase price being paid by District to Forrester for the I NucLGrrh,'J C!jf(aJtWuoG of -& ~yn - f/J-vU (j}P'~~ j District SR 507 SIte includes the easement, and the District shall not be required to pay Huddleston for the easement. 2. Access Easement for Huddleston Mill Road SIte. (a) Request for Easement. In consIderation of Huddleston consenting to accept title to the Huddleston SR 507 Site subject to the access/ egress/utility easement descrIbed in Paragraph 1 above, DIstrict agrees that DIStrICt shall, upon written request by Huddleston, grant to Huddleston an access easement across the DIstriCt Mill Road Site sixty (60) feet in width and located in approximately the location shown on the map attached hereto as Exhibit F Huddleston would not be required to pay DIstrict for the value of the land or the easement, but conveyance of the easement would be at no cost to the DIstrict, and (Huddleston would prepare all documents and descnptions and pay any and all fees associated with conveyance of the easement. Further, Huddleston agrees to the following conditions at no expense to the District: Huddleston shall' (1) construct on the easement area a road to include curbs and sidewalks as required by the City 10f Yelm; (2) provide fencmg as may be required by the City of Yelm and/or the District between the road and the school property to facilitate safety of the children at the school; and (3) relocate the existing gate to the parking area to meet the needs of the District for limited access after hours. (b) TerminatlOn of Rights. Huddleston's nght to request the access easement to Mill Road shall terminate upon the earlier of the following to occur' (D termination of the purchase and sale agreement between Huddleston and Dodson without Huddleston completing acquisition of the Huddleston SR 507 Site, or (ii) one (1) year from the date of this Agreement. 3. Form of Agreements. Agreements for conveyance of the easements described herein was approved by the Board of Directors on March 23, 1995. 4 Title to Easements Title to any easements granted hereunder shall be free of any monetary liens or encumbrances and any other matters that would prohibit or limit use of the easements contemplated by the parties. Each party shall be responsIble for removing any such monetary lien, prohibition, or title encum- brance from the easement rights being conveyed by it. 5 Notices. Unless applicable law requires a different method of g1vmg notIce, any and all notices, demands or other communications required or desired to be given hereunder by any party (collectively, "notices") shall be in writing and shall be validly given or made to another party if delivered either personally or by Federal Express or other overnight delivery service of recognized standing, or if deposited in the United States mall, certified, regIstered, or express mall with postage prepaid. If such notIce IS personally dehvered, it shall be conclUSIvely deemed given at the bme of such delivery. If such notice IS delivered by Federal Express or other overnight dehvery service of recogmzed standing, It shall be deemed given twenty-four (24) hours after the deposit thereof with such delivery serVIce. If such notice is mailed as provided herein, such shall be deemed given forty-eight (48) hours after the deposit thereof in the Umted States mail. Each such -2- ~N~ if~ notice shall be deemed given only if properly addressed to the party to whom such notice IS to be given as follows: ' To JCH Development: John Huddleston P O. Box 1206 Yelm, W A 98597 P.O. Box 1206 Yelm, W A 98597 To Huddleston: To Forrester: James Forrester 15026 SR 507 Highway Yelm, W A 98597 To Buyer: Yelm Community Schools DistrIct No 2 404 Yelm Avenue West P.O. Box 476 Yelm, W A 98597 Attn: John Thomson Direclor, Facilities and Maintenance Any party hereto may change its address for the purpose of receiving notices as herein provided by a written notice given in the manner aforesaid to the other party hereto. 6. Miscellaneous. (a) Applicable Law. This Agreement shall in all respects be governed by the laws of the State of Washington. (b) Further Assurances. Each of the parties shall execute and deliver any and all additional papers, documents and other assurances, and shall do any and all acts and thIngs reasonably necessary in connectIOn with the performance of its obligations hereunder, to carry out the intent of the parties hereto. (c) Modification or Amendment. No amendment, change or modIfication of this Agreement shall be valid, unless in writing and signed by all of the parties hereto. (d) Successors and Assigns All of the terms and proviSIOns con tamed herein shall inure to the benefit of and shall be binding upon the parties hereto and their respective heirs, legal representatives, successors and assigns -3- ~~ _ (2/4/ \ \ \ ---.....:. / y/ ~,if (c) J:ntire Agreement. This Agreement constitutes the entire undemanding and agreement of tho parties with respect to its subject matter and any and all prior agreements, understandings or representations with respect to its subject matter are horeby canceled in their entIrety and are of no further force or effect. (f) Enforcement. Attorneys' Fees. Each party shall have the right to bring an action for specific perfonnance and/or damages if the other party defaults hereunder. Should either party bring suit to enforce this Agreement, the prevailing party in such lawsuit shAll be entitled to an award of its rwonable attorneys' fees and coati inCWTed in coMection with such lawsuit. , . (g) HwWw. The captions and paragraph headings used in this Agreement are inserted for convenience of reference only and are not intended to define, limit or a.ff'ect the interpretation or construction of any tenn or provision hereof ~~~\~ ohn Huddl on . JCHDevelopmem, a ~o.>\.\~~~..,.\'(~ B~~ Jo caton, ita~~)"\:J ~r\'<"\'-.l, ~ ~~;"/l-' ?-~ Patricia Forrest Yelm Community Schools B~-Y~ d/(J-( Dr. Charles A. Hall, Superintendent 1:1JAB'J213 'MO.OO l'a6A.2~Q.OOC , .. ..... ~701 ~// :J "7 List ofE~ Exhibit A . Huddleston Mill Road Site Exhibit B - Huddleston SR S07 Site Exhibit C - District Mill Road Site Exhibit D - District SR S07 Site Exhibit E - Map showing approximate locations of easement Exhibit F - Map showing approximate locations of euement . S. ~{hf .. , ~ ? . t<l'- '~i, -~ I j S "9'J'J'. r c l! 6.JO, 7~ ----- "e" 8.00 ACRES , I , \ r_ ,-- ,,-- " ' , , ---' ~ ~.., .6 ':1'.J~:\ 0" \-ft"'. 6''''& .,9 \,) "B" ~ t: ~ 1f0AO AND "CHI roR . MO .C" 12. DC ACRES fO OW LINE JUSJ ACRES lOTAl tr'l N lei ~ ...:k ..... _' N ....,;,. "It'" '-1'0 -'0 '" 69~ 51 12t5.25 \\\\ r-'" ~' -:t'0()l. ~ ..........- 1294.98 S 8,...-:nt. [ IJ24.'8 '"' "A" 10." ACRES k ~, . - .. . ... ~ ... ... t'" g lit ~~ '\V ~~ ~ ~~ ~O )I.p~ ~~ ~ . ;; k ... b o 2: w 412.80 212.82 S 8"2'2'. [ 2'~',4" : 1 1\.T .JJ;: ~.. ~ .... . r, " \ 0 P.J I j , ~ ., , , , r_ \ -- ,-- '.. , ---- /fOAD AND ro \I[NT rem . AHD 'c' t: ~ UJ -~ ,'" S 8!,1J'J6" C ~- C 6JO, 74 S 8'U'JI- r "B" '2, DC ACReS TO OlD lIN[ JUSJ ACRCS tOTAl Wl ." oD ~ I.J "A" '0,91 ACRfS ~ "'I' - . g f: 'D B , E ~ g In ~ w 412.80 2'2.82 S 8"2'2'- r 264'..4 : ti) ?~ .6~ ~ ~~ ~O ~.ptl) ~.6 ~ ...~ I~ '''' ;)1;'" "'!n 110'0 -'0 In 694 .5, '295.25 \\\\ ~~ f ~ ~ .0"00'- " .... p '2'4,91 S 8g,~ 'J24.118 1 l\T p ., c: " L I C u r:: G :t:>/, 12,0' ACRES TO OW UN! ",U53 ACRES TOTAL u t: ~ , . !J . .. olOi:: O~p d~O lo.,.O - tit Ir) .,. ... ~ ~~o. PRIVAft' unu ., ROAD '" Lor ~. EASCIIENr ::: "0.)- .,.~ ~ ~tS O. 0> 01 \) (" ~.~ /")t'f!#- ~ 't'b '/ "" . ~ ~ 8 % "A" 10.91 ACRES 212.82 S 8n2'2'. [ 25411,.. . 9'l I" - ... c;; N lID J.,. .. p 8 tit '" .'2..80 , ! , " ~ . . . -~ ~ _ 5 t!!,"I!'J6- C c 6JO, 7. S 8nJ'J1- [ "B" ..... u Ii .~ Q ~ .... (f) "0 cu o ~ ~ ~ ..Jt I . .. , "" ;;,;.. ":Ip .,10 -'0 '" 12"'.25 69. " \\ \\ r "'I r -->.... .,,-0<<- \ ....' 12"4.11 S 8n~ 'J24.'" ~~ .~ ~~ ~~ .~ ~o ;!.p~ ~.,6 ~ 1 l'J ~,~ ~ " , . " . " '< v' . t LI / -"~ E)CBIBrt D .~ .1t l-% ~.i, ,-- " " l'~ \ r\. \ , , -- .------ .. ...-- ....-' 1( ~ to>> at o 1228.2' H OO...l':U- f: - o , .. \A .. -;.> g ~ ~ tt ~ t(f.,t:r , . f{iO"'" DiStrict SIt 507 Site ~ t" \1\ tIl N tIl .0 .& N .J .. . "" N .". .. ~ .. . '-1- _toll ..0 '-In )log ~~ a3 ~~ 'i 660.12 S 00":31'24" VI ': OJ ~ C\ '-I 9 \1\ ~ ell .. .0 .& '-I ~ , "" .~~ c,.... (? 4? .~ ~ ':'<,.Ot::: ':::-,flJ~ ~ ~.::; '" ell .. .& - ~ '\& .. . e '" . ~~ ~~^\ .1\ \. J ,. <a ~ I - d 1 ~..' U. ..- , .. ~ \~' ~ ,..;; ,~ /\ \ I I I I I , ,0. 01 '"" n , I District Mill Road Site _ t~I__.4 " S ocr:s 1"Z" - VI N ... - '-I N .. ;. at Z-> C\ .0 ~ ~ ~ \~ ~ 1:..lU-Ubl1 E .... ... ... -- --. ;~;,... . . j J . , J .1 ~ '"".- - -.. . , - __4_ . ... . - ,tn,.. ... . ..... . . .. !1 . 'I t I . , \ r....- ,_. ,~- , , ....-----' o~~ ~~ ~OAD NlO 'rICNT F'OR It AND .C. ao' PRIVA Tr ROAD AND XTY EASDlEHT FOR District SR 507 Site \..~~ ~ ~ \,o~ o. ~~ "ft C"~~/) . 'f", It\ N .0 ;:: - '" "A " '0.91 ACRES N . - l:? :"" Q Q ~ '" .. 'do -. ~ , ~ , I I I I ! W 412.80 /..... I ~~:4 ... , V ;-..... C. -nL:'UN' . ~'" '~;~ Mr ,~ M:.. ...... - ..... . . N Q Q ~ Q~~ Q~b !NQ c" "a' 12.0C ACR~ rc J7.SJ ACRES rc ~ .... -- en r-.... o 10 ~ en .... tJ '- """ .... ~ -- o it N . - .. Q ~ c " .. :'1 Q Q ~ ~ ~~ l 272.B2 s e9"'~~': · ~ "9 ~,(.,._ -t..,~" .~-- .,..,........,~nv'~"'~'" 1,,,-..,~~~~,,, ,,~ :"-<:::"'~"'7"l'L . 1 if....!' " ~ :,,~ 4\../............ ........"'ll...j.~ ~~-"" ..., ~!'I' ::1 CDI ~ o 01 2:: 1\ I, //~/ / I >i< I \ 6" WEUCASING \ AND 100' \ WELL RADIUS / " / .................----/ / / / 1// ,,/ /1 /1 / / 100' PRIVA TE ROAD AND UTILITY EASEMENT ~OR LOTS "A", "B" AND "c" co CD C'\J C'\J >1<--- ~\.- --------------------- 6 WiL:C~S--;N1 \ - "c" 1 AND 1 00 / i . _ . WELL f;I.^D'bJ-S- . _' \ '- / . ''----~/ 8 00 ACRES \)'0'GS I I I I I ~: " 'G ,)6 'GS o\)\) 'v\'0 ~ 1)9 19 'v\)\ ?J19 O'vQ "B" 60' PRIVA TE ROAD AND UTILITY EASEMENT ~OR LOT "B" 12 00 ACRES TO OLD LINE 31 63 ACRES TOTAL X'00 ./ X" co C'\J o C'\J ~ s ';j- "A" ~ 0 Lu ~~ 0 -~ 0 N N CD f'--- CD N 0 CD ~ ~ 1091 ACRES 0' 0' 0 f'--- -', 0' 0 ';j- N C) () V) C) 2:: C) l[) CD N 89"12'43" W 41280 J 1111,97 212 82 S 89012'43" E 2649 58 J....~.u.J..IJ.J. r .. ; .' - ~ .' ..... "", :: ~.:. ~\. ;',:... ~....:.. ... _ ... ..''''\':r;:.~t. " ' ... ..,.. ~ ., .....~...-. District SR 507 Site N - t-' tit e c:a 10 ~ ~ ..; '0 . "" ~ 0- ... !O t- ... 660.12 S 00.J7"2"- w .~e C, "" ~"O- ~O $ ~O~ ~~ ~V?j J \ J , r " '" . ca t ~ , '--! N I :' · io' fit ca' , . , I , t . I , , I t , o I , " e I I , t I I z - "" N . to ca '- 60' Private Road and Utility Easement for Huddleston Mill Road Site I I I o D I I , ~ I _ 66i' ' ~____""~_WP_. Y o ~ ..... <<:a _ --..---- ""6 ,... 'C' ~ ~ ~ ~ ""- _N Cae ""n ~~ g~ ,.."" tit'" aa ~o 6 . . - oj :: ,.. z "" eft Y tit P 'J ell ... 10 ~ "" w . , "" District Mill Road Site - N r: N '" S 0 ..fV\ ~ i\,. \ \ I~ ~ \ J 0. 10 ... VI - ~I ,,".Joe.7. ~ -~" 'fJ ...-- ~...--.. G<__L.~.. ROAD E. J.vIILL <:: ..... . loke ,,- , , n'~ .l'i'roximate l0c1t1C1'S of eo 50"" on' ~(Jvlf/ --P ..-,