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Hard File Scanned Thurston County _ _' 2000 Lakendge Dnve SW, BuIldmg 1 OlympIa, W A 98502 ' . d N/r.J. Real Estate Excise tax pal :J. _ ~7..-9P" Receipt no. r\JN\ 0 . Date - Q Robinh. ~~, Thurston Co., Treas. By ~() ll\l().()Qt"t~ Deputy Document TitIe(s): U.:fdL~ CC(5('fltUl f Grantor(s): (Last, First, Middle Inmal) --arc< mil( D<-il,j4.~rAr f NuJ, ~ Additional grantors on page _ ~td;cf,+e\Vh Legal Description: (In abbreviated form. lot, block, plat name, sectIon-township-range) ?~ A, "6l-A-~1"'618e-iL..-, A:F..:F~\t;16 , Additional legal is on page _ Assessor's Property Tax Parcel Account Number(s): ~t1go\\O~ Additional parcel #'s on page_ The applIcant must complete thiS form. The Auditor/Recorder wIll rely on the mformatIon prOVIded on thIS form. The staff WIll not read the document to venfy the accuracy or completeness of the mdexmg mformatIon prOVIded herem. J:\DEV _SVCS\ZONING.LU\FO~SIAPPL1CA1\COV.DOC 11111I 1111111111111111 CITY OF YELM EAS $13 SS 3167695 Page 1 of 6 S7!22!1998 12 47P Thurston Co, WA UTILITY EASEMENT AV THIS INDENTURE, made thIS -IJ- .:> day of ~ 1998, between GRAMOR DEVELOPMENT N W., INC., heremafter called the GRANTOR, and the CITY OF YELM, heremafter called the GRANTEE, WITNESSETH. For valuable consIderatIon, receIpt of WhICh IS hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, Its successors and aSSIgns, A PERPETUAL EASEMENT FOR WATER LINE MAINTENANCE over, under, upon and through a portIOn of that certam real property SItuate m Thurston County, Washmgton State, more partIcularly described as follows PARCEL Parcel A of Boundary Lme AdJustment no BLA-97-8188-YL as recorded under Thurston County AudItor's file No 3081875 PERMANENT EASEMENT SaId portIon of the above described parcel bemg described as fqllows. A stnp ofland, 7.5 feet on each SIde of the followmg described centerlmes, EXCEPT those portIons lymg under eXIstmg buildmgs Begmnmg at a pomt on the northwesterly lme of saId Parcel AN 38043'46" E 116.27 feet from the westernmost comer of saId Parcel A, (saId comer IS also the northernmost comer of Parcel B of saId BLA), thence S 51008'38" E 91.34 feet to Pomt A as shown on ExhibIt A, thence S 51008'38" E 371.55 feet to Pomt B as shown on ExhibIt A, thence S 51032'22" E 283 97 feet to a pomt on the northwesterly lme of Parcel B as delmeated on Record of Survey recorded under AudItor's file No 8705220173, S 38043'46" W 30.38 feet from the northernmost comer of saId Parcel B of saId survey and the termmus of thIS centerlme, Also, begmnmg at saId Pomt A, thence S 30056'38" W 19 85 feet to the termmus of thIS centerlme, Also, begmnmg at saId Pomt B, thence S 38025'29" W 291 79 feet to a pomt on the southwestern lme of saId Parcel A, S 51016'14" E 292.45 feet from the southernmost comer of Parcel B of saId BLA and the termmus of thIS centerlme, Also, begmnmg at a pomt on the north Ime of saId Parcel A, N 89050'15" W 43762 feet from the northeast comer of saId Parcel A, thence S 1907'14" E 51 82 feet to Pomt C as shown on ExhibIt A, thence S 1907'14" Ell 88 feet; thence S 52021'43" E 241 46 to Pomt D as shown on exhibIt A, thence S 52021'43" E 36 05 feet to Pomt E as shown on Exhibrt A, thence S 50050'02" E 28 41 feet; thence S 23018'58" E 144.53 feet to Pomt F as shown on ExhibIt A, thence S 23018'58" E 28.27 feet; thence S 5309'38" E 44.22 feet to Pomt G as shown on ExhibIt A, thence S 48003'37" E 58 75 feet; thence S 0039'28" E 85.53 feet; thence S 22032'21" W 4544 feet, thence S 32058'45" W 9569 feet; thence N 50033'7" W 4714 feet; thence S 87021'32" W 897 feet to a pomt on the northeasterly lme of Parcel B of saId survey, S 51016'14" E 108 49 feet from the northernmost corner of Parcel B of saId survey and the termmus of thIS centerlme, Also, begmnmg at saId Pomt C, thence S 38017'2" W 32 43 feet to the termmus oftllls centerlme, Also, begmnmg at saId Pomt D, thence S 37011 '41" W 24.25 feet to the termmus of thIS centerlme, 111111 1111111111111111 CITY OF YELM EAS $13 SS 3167695 Page 2 of 6 S7!22!1998 12 47P Thurston Co, WA Also, begmnmg at saId Pomt E, thence S 36048'42" W 27 40 to the termmus of thIS centerlme, Also, begmnmg at saId Pomt F, thence S 66051'46" W 16 61 feet; thence N 35026'33" W 14 19 feet to the termmus of thIS centerlme, Also, begmnmg at saId Pomt G, thence S 38025'2" W 26 97 feet to the termmus of thIS centerlme, Also, begmnmg at a pomt on the east lme of saId Parcel A, S 0054'3" W 75887 from the northeast corner of saId Parcel A, thence N 8702'12" W 1478 feet to Pomt H as shown on ExhibIt A, thence N 8702'12" W 22.24 feet to the termmus of thIS centerlme, Also, begmnmg at saId Pomt H, thence S 2057'48" W 46 15 feet to the termmus of thIS centerlme All SIde Imes of these easements are to be lengthened or shortened to termmate at the stated boundary Imes, and to ehmmate g<\ps and overlaps TOGETHER WITH the nght to enter upon, over and along saId real property herem described, from tIme to tIme, to construct, mspect, repaIr, alter, modify, replace, remove, and update to present and future technologIcal standards, saId water Ime The Grantor shall not place or construct a buildmg or other structure on the easement nght of way IN WITNESS WHEREOF, thIS mstrument has been executed the day and year first above-wntten. 111111 11111111111111 II CITY OF YELM EAS $13 S~ 3167695 Page 3 of 6 S7!22!1998 12 47P Thurston Co, WA BY BY (SIgnature) ITS ITS STATE OF WASHINGTON ) )ss COUNTY OF 1'm.JRSnm ) SNOHOMI SH Robert E. Beaupre I certIfy that I know or have satIsfactory eVIdence that Itiob:lilxdEmbvy IS the person who appeared be fore me, and saId person acknowledged that he sIgned thIS mstrument, on oath stated that he was authonzed to execute the mstrument and acknowledged It as the Pre sid en t of Gramor Development N W., Inc., to be the free and voluntary act of such party for the uses and purposes mentioned m the mstrument. GIven under my hand and seal thIS 23rd r ~\\\\"n""'1 ~~~,fO,. r.~~tA"~ ~~~.~~. .\$\~ ~- Z' '. ~ !!if: . . Ot# ! ... ~OTAR" ": ~ -' . .- = . . - .... - ~~. .. .-v8UC .: ~ ~ '.~ -.' ~ ~ . P.I- facti. ~ , ~~'.,~ ..' H' ~ M'" WN ~~ ~ ~/il'U Ul\\\~ --J. ~~ Notary Pubhc m and for the State ofWashmgton ResIdmg at Lynnwood, WA My commISSIOn expIres I 0 - ~ I ~ VJ ci 111111 1111111111111111 CITY OF YELM EAS $13 sa 3167695 Page 4 of 6 S7!22!1998 12 47P Thurston Co, WA Accepted by the Ctty ofYelm, Washmgton, th;s ~ day of ~J t.-~ 1998 By_IL-~fi- _Ki:~ ~~fYljON"'" DIrector ofPubhc Works STATE OF WASHINGTON ) )ss COUNTY OF THURSTON ) On thIS day and year above, personally appeared before me KEf) ?; /~JL \.f(lJtJ to me known to be the DIrector of Pubhc Works of CIty of Yelm, a MunICIpal CorporatIon, who executed the foregomg mstrument and acknowledged saId mstrument to be the free and voluntary act of saId MumcIpal Corporation for the uses and purposes therem mentioned and on oath states that he IS authonzed to execute saId mstrument GIVen under my hand and seal thIS u~- 1998 --....""', :-~p.. SPlv~" , b..~ .... "J-" .:' Q ~ :"'~S\ON ;...... . t .' ':!..C:> <:..f;O" I, , l.!...\;OTARY~'" ~ f! '0 \' tt\ . , I. io -- en: ~ , · bI . Ie . / " \ ruBU .:: ',. .n.'. T gQl.' '" -.. -~'. 1, , - .... .:' ."."~~ ...._-... ..:- '" Q:= -~- ","..........-- .q f ; L: J:Qv Notary Pubhc m and ~tate ofWashmgton 'J) ~ r- ResIdmg at ;1, t:[)_f1.A..R/~ ttl) J My commISSIon expIres ~I- ( - 00 j!~II["~ 11111 1111111 1111 11111 111111111 II/II 11111111 LM EAS $13 Stl 3167695 Page 5 of 6 tl7!22!1998 12 47P Thurston COI WA / I LINE TABLE NO. BEARIf\C L1 S 30'56'38M W L2 N 38'43 '46M E L3 S 19'07'14M E L4 S 52'21 '43M E L5 S 50'50'02M E L6 S 23'18 '58M E L 7 S 53'09 '38M E L 8 N 22' 32 '21 M E L9 S 50'33'07M E L 10 N 81'21 '32M E L 11 N 38'17'02M E L12 S 37'11'41M W L13 N 36'48'42- E L 14 N 66'51 '46M E EXHIBIT A 103rd AVE SE 437.62 .... \ 15' WA7ER LINE EASEMENT " eX) 'Xi ~ ~ 52 Cl ~ ~ 19.85 30.38 11 88 36.05 28.41 28.27 44.22 45.44 47.14 8.97 32.43 24.25 27.40 16.61 .J. <0 ~~ /~ ~q;. ~ "y ':) ~ <J:.G 0< ~~rc ~ ~ ~ ~C5 O~ f> ~'t~' NO BEARIf\C - --- L15 N 35'26'33- W L16 N 38'25'02- E L 17 S 87'02 '12- E L18 S 87'02'12M E L19 N 02'57'48M E DISTMCE 14.19 26 97 14 78 22 24 46 15 SCALE: 1"=160 FEET ~ ~ I I o 80 160 320 EASEMENT NO. CITY Of' YElM, WASHINGTON OEPT, Of' PUBLIC WORKS I ~ GRANTOR: GRAMOR DEVELOPMENT N. w., INC. "/q /. PURPOSE. EASEMENT {9fb ACCEPTED DlIG NO. D/RECTOR OF PUBLIC WORKS DA 7E DES DWN CKD MPJ MPJ RLS TJS DATE 5/12/98 11111I 1111111111111111 CITY OF YELM EAS $13 SS 3167695 Page 6 of 6 S7!22!1998 12 47P Thurston Co, WA RETURN ADDRESS l Please print neatly or type information Document Title(s) lEe-fez rr:cfl~ O+CM~I1/2A/cts Reference Numbers(s) of related documents SS - ~ R--?Sd.. in - 'i L Additional Reference #'s on page_ Gran tor( s) (Last, First and Middle Initial) tJ ~<:;'t P/<<Cc<' (jet. ~Lf (};; ~ (:3ydoprtla1/- Additional grantors on page _ Grantee ( s) (Last, First and Middle Initial) ~p -PLcb{l~ Additional grantees on page _ Legal Description (abbreviated form: i.e. lot, block, plat or section, township, range, quarter/quarter) -P;f\K A b(~ Cil ~{~ '\ L_ Additional legal is on page _ Assessor's Property Tax Parcel/Account Number Additional parcel # s on page _ The AuditorlRecorder 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. 111111111111 111I111111 CITY OF YELM OEC $11 SS 3167696 Page 1 of 4 S7!22!1998 12 49P Thurston Co, WA -- ~:::" ~-:--"- DECLARATION OF SHORT PLAT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS' WE. THE UNDERSIGNED. being owners of certain real property situated in the City of Yelm, Thurston County, State of Washington, more particularly described on Exhibit "A", attached hereto and by this reference thereto incorporated herein as though fully set forth herein. do hereby declare the following: 1 That said real property has been subdivided In accordance with the provisions of Chapter 58.17. Revised Code of Washington, and City ofYelm Ordinance No. 185. and that said subdivision was approved by the City Engineer of the City of Yelm, State of Washington. on the...l5.- day of July . 192JL, as Short Plat No. 988 2 1 0 Y L subject to the following covenants and conditions: A) Said described real property may not be further subdivided in any manner to effect a division thereof Into more than a total of nine parcels within five years from the 15 thday of July 19JUL. unless and until a final plat covering said real property shall have been filed for record with the Auditor of Thurston County, Washington, pursuant to the provisions of Chapter 58.17, Revised Code of Washington, and applicable ordinances and resolutions of the City of Yelm, Washington; B) All subsequent deeds conveying the said described real property or any portion thereof shall describe the roads described and shown 'as private roads on the subdivision map which Is a part hereof and grant the non-exclusive use of all such roads to the owners of all portions of said real property abutting said roads, providing access thereto from a public right-of-way C) All roads described and shown as private on the subdivision map which is a part hereof shall be maintained by the owners of the real property having legal access thereto or their heirs, successors and assigns, unless and until the same are improved to City of Yelm standards and dedicated to and accepted by the City of Yelm. D) A perpetual non-exclusive easement Is hereby reserved for the construction, maintenance and operation of telephone. electric, gas, water and sewer lines, mains or conduits, over, across and under the right-of-way of all roads described and shown as a private road on the subdivision map which is a part hereof E) The right hereby reserved to make and maintain all necessary slopes for cuts and fills upon the said described real property adjacent to all roads (public or private) described an shown on the subdivision map which is a part hereof in order that such roads may be graded in a reasonable and proper manner, and the further right hereby reserved for the drainage of such roads over and across any lot or lots where the drainage water might 1!~11[11~/111 1111111 111111111 1111111111111111111111 DEC $11 S8 3167696 Page 2 of 4 8~/22,'1998 12 49P Thurston Co, WA . ~ take a natural course after reasonable grading In connection with the Imprpvement of such road for dedication. F) No drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any road right- of-way or to hamper proper road drainage. 2. Therein attached hereto, marked Exhibit "B", and by this reference thereto incorporated herein as though fully set forth herein, an illustrative map depicting the subdivision of the said described real property, which mape ~ based upon an accurate survey 3. Therein attached hereto, marked Exhibit "C", and by this reference thereto incorporated herein as though fully set forth herein, additional covenants, easements and restrictions pertaining to the above described real property and reserving to the undersigned (hislher) (their) heirs, successors, and assigns, certain rights in and to said described real property as more particularly set forth therein. 4 The undersigned by these presents hereby dedlcate(s) to the use of the public forever, all streets, avenues, places and sewer easements or whatever public property as is shown on the above referenced plat and the use thereof for any and all public purposes not inconsistent with the use thereof for public highway purposes, together with the right to make all necessary slopes for cuts or fills upon the lots, blocks and tracts shown on said plat for the reasonable original grading of all public streets, avenues and places shown thereon. 5 With the exception of those covenants identified In paragraph 3 hereinabove, all of the above specified covenants are for the mutual benefit of the grantor(s) (hislher) (their) heirs, successors and assigns and for the benefit of the City of Yelm, State of Washington, and said covenants may be enforced by injunction or other lawful procedure including the recovery of damages resulting from the violation of such covenants. DATED this 20th day of NISQUALLY PLAZA LIMITED PARTNERSHIP July , 19-21L Grantor Grantor By: IJ~ Paul C. Opie, Secretary/Treasurer Grantor Grantor Gramor Development N.W., Inc., General Partner Grantor Grantor 111l1lll11UIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII DEe $11 S8 a167696 Page 3 of 4 87/22,'1998 12 49P Thurston Co, WA STATE OF WASHINGTON} SNOHOMISH } ss. COUNTY OF ~x:f)N: } On this day personally appeared before me Paul C. Op~e to me known to be the indivldual_ described in and who executed the within and foregoing instrument, and acknowledged that ~signed the same as ~ free and voluntary act and deed, for the uses and purposes therein mentioned. 19~ GIVEN under my hand and official seal this 20th day of r- ~\'\"""""1. ~~'L~\~. p.~~V:"~ So ~. A\tSto" ~.ij\ ~ ~ #.~,. . ~ s . . ~ S :' ~OT All". ,\ ': -' . . = SCA~ PUBLIC .: S; ~~'.O ~: ;:: ~~'!?a1 ,\ca~., ~' ~.. I'\l.!,...." ...~ "Il~ W~ ~\... ~ 1I/llIln\\\~...J j July STATE OF WASHINGTON} } ss. COUNTY OF THURSTON } On this day personally appeared before me to me known to be the indivldual_ described in and who executed the within and foregoing instrument, and acknowledged that _signed the same as _ free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this _ day of 19_ NOTARY PUBLIC in and for the State of Washington residing at AUDITOR'S CERTIFICATE File for record at the request of this _ day of . 19_. at _ minutes past _ o'clock _.m., and recorded in Volume _ of Large Lot Subdivisions on page _, records of Thurston County, Washington. Thurston County Auditor By' Deputy 111111 111111 1111""" CITY OF YELM OEC $11 SS 3167696 Page 4 (If 4 S7!22/1998 12 49P Thurston Co, WA July 20, 1998 Cathie Carlson City of Yelm POBox 479 Yelm, W A 98597 RE: Nisqually Plaza Declaration of Short Plat and Covenants Dear Cathie Pursuant to your July 16, 1998, letter regardmg the proposed Nisqually Plaza short plat, enclosed herewIth for your use is an notarIzed original Declaration of Short Plat and Covenants respective to the Nisqually Plaza property As always, feel free to contact me If you have any questIOns or comments. Smcerely, Gramorament W A, LLC RIchard Embry, PrinCIpal Enclosure rde 1133 164TH ST S.W / SUITE 107/ LYNNWOOD, WA 98037-8121/ (425) 742-0520 FAX (425) 742-5553 SEATTLE / PORTLAND / SAN DIEGO 6< M,m"',," ~ Inlemal,ona.ICounc,1 ~ 01 ShOPPIng CerltefS City of Yelm 105 Yelm Avenue West POBox 479 Yelm. Washington 98597 (360) 458-3244 July 16, 1998 ;r~ l';,-r.Q: Jr~' _~ l{ ',",' ,. Q q' " . ."'" " _M,I/" r . 'l'... l~. -?' oJ" f .. ~ - .'. '-"' - :!~;, tt': } Mr Richard Embry Gramor Development 1133 164th SJ. S W , SUIte 107 Lynnwood, WA 98037-8121 JUL 1 7 1998 GRAMOFI nc ' . . , 'L~ \: Re' DeclaratIOn of Short Plat and CoveItants Dear Richard. I receIved the final short plat map from the surveyor on July 15, 1998 After revlewmg the ongtnal applIcatIOn, I found that the DeclaratIOn of Short Plat and Covenants was not mcluded. I have enclosed a completed form and SImply need the document returned to me With your notanzed signature. Please make sure the notary's stamp does not mfnnge mto the one mch margm, or Thurston County will not accept the document for recordmg. As soon as the form IS returned, I wIll record the short plat WIth Thurston County and return the ongtnal documents and a copy of the short plat map for your files. If you have any questIOns or If! can be offurther aSSIstance, please contact me at (360) 458/-8408 Smcerely, (J f/ r, ctdlw L//0v(cf/I~ [ Cathenne Carlson CIty Planner Enclosure * Recycled paper VICINITY MAP \' \~ \... ~ ~ t-- L0 - 0) - ~ ~ \.L. --1-J ~ ~) -.--- ~ 1 >> \ -- \ --- ~ ~ ~ ~\ \el* ClW or "LM SHORT 5UBONI510N No 55_98-82,0-VL W~RIIIIIG: crr< of 'fEL\oI II~S tlO RESPOtlSI81L\T( 10 BUlLO. I\oIPRO'lE. lA~11I1 ~Itl OR 01l\ERWISE SERVlct lilt PR\V~lE RO~OS W\1l\ltl OR PROVIOE ~cCESS 10 PROPERT( OESCRI8EO 011 11\IS pv1 LEGAL DESCRIPTIONS (ORIGINAL PARCELS) '7~NG( 2 (Jl.SI, W M 227301 ~0200 ...<,," ~ .-'" ", .....-' '" "',",...'< "..-" ""~, THURSTON COUNTY AUDITOR'S FlLE NO. 3081875 ~\Ot-l 3~W14~P Jl.SS(SSORS pJl.RC(l 140 ORIG\14J1.l lRJl.CI(S) - ~ RECORDED U$EMt.lns COt-lO\I\014S of Jl.PPROVJl.l. APPROXlMAT< AR(A or IMPROVLMLNT5 PLR LOT (SQUARE FOOTAGE Of BUILDING Fooll'RINTS pER LOT) LOT s.F OF BUILDING 1 14C3D S.F 2 49850 S.F 3 0 S.F 4 14390 s.F 5 5010 s.F 6 0 S.F 7 0 S.F 8 22260 S. F " ,",'" --------" """ "'~ ~~~""".""W' ~~. ...~m ".""... o,,~- we-~ ,,0'"'' '"~, """ eo" ... ,<" m ",,,,00" ..._ we'''''' ,,,,""" ,",,' - ",," .. "",' '" 8706050023 CDv€NANTS. CONDITIONS. RES1111CTIONS """",, ~ 0"' rr '"'" '''"''' """,~ .'" 9011280062 ON-SIlt SEWAGE DISPOSAL ",_'" ~,"""" ...."'''' "ru'" '" ","'oo~ .,,_' ,,0"," -, - eo'" .. "~, '" 9312300173 EASEMENTS. CO~NANTS. RES111ICTIONS. ANO AGREEMENT ...~oo,~ -" ,,.,, ".- ",""" ," "'" " ""..", "",.." ,-", ,,"''' "," crt """ ~... "'."',,'" "'"~''' """,,. """ 0","" .,,""~, ",-,,, ",o. .,,-"" ._"". _",_ DL'"'''' ,"",," ,"If' -. eo..... "'" '" ~5W.lo.!/~ uTIUn' cITY oF "IUM ~ WAlt:R LINE Cln' oF YfLM NOT TO SCALE NORTHEAST sECTION CORNER FOUND T!!URSTON COUNn' BRASS CAP GP.S' 12 11/9/94 (7/8" sOUARE IRON BAR pER R.O.S. VOl. 21. po. 172 REPLACED MAY 1987 BY COUNTY.) 1"~3O' LOT 3 102582 S.F 2.35 ACRES " " o .... <0 .... ,. ---- ----------- 19 g N 89'50'15" 'II ~ _---o-~-- -.------- --- 30 n' FOUND 5/8' REBAR _ _ _ _ - - - - -. . - 1 "'"'''' ~"..., n_ """" ., · ..0- '" , vOL. 21. pG. 172 SEE DETAIL ~_,c ~f! 75.:.:- ..,\'\'! 527 ':':::"v WJ.. :?~:?"7 \ \ \- I N :, o 0 ~ \;: \ - \; " - - -- ,. \~ \ \~ , \ , ~\ \ ii ~, Ol~, "'" \;; \ N ii "'" .. it 1~51 1 , \ \ 115 , \ " , I .......'N e'd '(>\2 g'" z , , \ , I \ I I \ I I \ , I \ , ... " ~ ~oc;" pf:< .~;qiE ~,)f?P 7B35- t"iW' So:.7 SE '<'Ey w,l. '3e5~7 LINE TABLE NO BEARING -~ L1N384346'E L2 N 38 43 46' E L3 N 02 01 38" W L4 5 87'08 '22" E L5 N 38 43 46' E L5 5 51 16 14" ( L7 N 38'43 45' E L8 S 51 16 14" ( L9 S 38 43 46' W L 10 S 51 16 14 E L" S 51 16 14 E ~ 6 28 46 28 24 63 36 60 4 50 24 94 5 50 34 02 16 00 27 30 15 DO CURVE TABLE NO DELTA - --- Cl 37' 49 43' C2 35 20 '08' RAD IUS LENGTH ~ :.:--- !50 00 99 04 120 DO 74 01 -.--:'= >( f(J(JND p$. NAIL o F(J(JND IS REBAR UNLESS OT!!ER\\IsE NOTEO . SET 14 REBAR \\I TH CAP STAMPED RLS 27195 @ SET MAGNETIC NAIL \\IT!! BRASS (llSK STAMPED RLS 27195 III SCRIBED "x" IN cONCRElt EAST (J(JARltR CORNEll fOUND T!!URSTON COUNTY BRASS CAP G.p.S, 1_788. 10/15/94 (1' sOUARE IRON BAR PER R.O.S. VOl- 21. po. 172 REPLACED FEBRUARY 1991 BY COUNTY ) ......... ..;\"\UllS;...... ,'O\. ,.,......0"" iIl_ :'o~ .~.. .....00.. .,.,;. . ...~.. '0 . ~ 2- ~ t:i)' "-;} ,-"'I iI. It. , . .-..~ "'='""'Iil ' -<, '- ,_ _ _...__~-'--.-...1- , . '-.... ". .,' w.' -...'" -....... ~.I ....~HINC.~~.. ......... jJroved Recording l L,\ \ 1.-'L \'\'& "i'ri of '(e f ~,' ~, "'),- p\JollllE~ ~ O~1E ;~~ ~~~:,~,E :;.'.~~:~;: '\. ~T WE REQIlEST Of, ~U01TOR'S fiLE tlo. ,) S~ ~ ~v-.t~va.~tcl ~n SURVt:.'(OR'S Ct:.RnncAI t:. T\lIS loW' CORRECTL 1 REPRESEll"fS ~ sull'lt'l' IIM1E 81 liE OR UllOER 11 OIRtCTIOII III COllfORlIloIICE IIW WE suRVt~ RECOROIIIG ~CT ,1 THE REQUES1 Of GlU<1I0R DE'lELOPIIEllT 11.'11, III JUL~ 1998 1 It... /'51- REGISTERED PRO!t:SSIOll,.L v.110 ~E'lU~ ~ CE1lTlrlC,.tt: llo. ~7,95 --=-------===== ~~ professi(}'l1.al Law/. sv:rveyors PO BOX 1607 OL"",PIA. WA 98501-1507 (360)753-5296 ...."..,.rt..o.t.On'l. JOfl 197-123 CoPyRIGHT 1998 RLS k ASsOCIATES p ) lJJ ~ op-l K ~ L( o~ c ('\' ~I I t, (}.J t \(1 - 1-1/'-/ ~. :) .> ~ \. \ ~Gt,; . ~ H) I ~ v /l fi-....i -J .6, ,? . ^J(~ ~J: \0 V- 5' v)6 Ii ~ fj \ \ l-- of' - v~. () f' ~, . ~ ~ h(LV~.V (j) O\-MJL.J 7' AY'--') !~J U1 vJ ;V\0G. cr t "'" ~ ~~ "G LY' Gramor Development WashIngton LLC 1133 164th St. S.W 1 Suite #107, Lynnwoodl WA 98037.8121 (425) 742-0520. (425) 742-5553 FAX FAX_TRANSMISSION StifEI TO:Jft;I/ta r ~. Date:__ S/lZ/..t{ S ___ #Of Pages Including this sheet: 3 Retnarks-*: f/~~Lj +~ ():1~~~~/1nr~'" 0) ~ ,,t'l:aw #712i ~ h ~~ rk ~ ~ I..~ ~_. .~~ ",Y @ ~,:t4t &1 ~ ~~JUdU<<WJt~ .7 FAX#' '-45'1'% Sent By' Il r - I - - q K Il 'I II " M F Il I '" An ,..ement for water line access and maintenance on Parcel A of Boundllry Lin. Acljutt'.mtnt No BLA-97-8188.. YL 81 reoorded und$r Thurston County Auditor's flle No, 308187S, described 8' follows A sttip of land, 7 ~ re<< 0'\ eaeh tide of tho followina desoribed conterlines, EXCBPT thOle portions lying under building.: Beginning at a point on the northwesterly line Ofu4Ud Parcel AN 38043'46" E 116,27 feet from the webmmo$t. CQrMI' of Mid Parcel A, (said comer is also the northemmQIt comer of Pareel B of said BLA), thence S 51"08138" E 91.34 feet to Point A as shown on Exhibit A, thence S SIIl08'38" E 371.~5 feet to Point B al shown on Exhibit A, thence S 51\132'22" E 28397 feet to a point on the northwesterly Ime of Parcel B as delineated 011 Record of Survey re<Jorded under Audltor's file No 8705220173, S 38"43 '46" W 30,38 feet fronHho northernmost. comer of said Parcel B oflald '\.IM)' and the terminus ot'this centerline, AIQO, beglflomg at s~tld Pomt A, thence S 30056'3811 W I Q 85 feet to the tetrrtinus ofdlia centerline, AllOa beilnnmg at said Point B, thence S 380..25129" W 2QI 79 fe<< to a pomt Qn the southwestern line of's.flid Pareal A, S 51016' 14" E 292 45 teet from the southernmost com~r of Parctl B of uid BLA and the termmus ofthlS centerline, AIIO, beginning at a point on the north lme of said Parcel A, N SgoSOl15'l W 437,62 fMt from the northeast comer of said Parcel A, thence S 10/'7' 14" E 51 82 feet to Point C as 5hown on Exhibit A: thence S t~7114n E 11.88 feet; thenco S S202P43" E 24l.46to Point 0 as shown on exhibit A, thence 5 52021143" E 36 05 feet to Point E as shown on Exhibit A, thence S 501150'02" E 2841 feet; thenoe S 230'18'58" E 144.53 feet to Point F asshowo on Exhlbrt. A, thence S 23(118'58" E 28.27 feet; thence S 5309'38" E 44.22 fuet to PoUlt G as shown on Exhibit A, thence S 48003'37" B 58.75 feet, then", S 0039128" E 85,53 feet; thence S 221t32'21" W 45 44 foot, thenoe S 32(158145" W 95 69 f'eet; thence N 5(f3317" W 47 14 feet; thenoe S 87'21'3211 W 8 97 feet to. point on the northealterly line of Parcel B of said survey, S 51" 16'14" B 108 49 fMt: from the northernmost con'8f of Pereel B af said survey and the ternunus of this centerline, Also, ~8innjn8 at &aid Pomt C} then~ S 38") 7'2" W 32 43 feet to the termUlUS ofthilil centerline, Also) btginninglt said Point 0, thence S 37' J 1141" W 24.25 teet to the terminus of this centerline, Also, beginning at said POint E, thenca S 36Q48'42" W 27 40 to the termll\US of this centerhn~, Also, \x\imnmg at said Point F, thence S 66051'46" W 1661 feet, thence N 35026'33" W 6.52 feet to the termmus of this centerline, Also, begmning at saId Pomt G, thence S 38023'211 W 26.97 feet. to the terminus of this centerline . . , Also~ beginnmg at a pomt on the east line of laid Parcel A, S W'4'3" W 758.87 trom the northeast comer of said Parcel A, thence N 81'2'12" W 14,7& feet to Point H a. chown on Exhibit A; thenoe N 8'r'2f12n W 22.24 feet to the terminus ofUulI centerlme, AI.O~ bOaPnning at said POint H, thence S 2"S7'4811 W 46 15 feet to th6 terminus ofthia centerline AU Side lmes ofthe:llCi'l oosements are to be lengthened or shortened to terminate at the stated boundary lines, and to eliminate gaps 3nd overblPll !!I: \ ! I I ! ! I i~ ~;"1 I II EXHIBI' A ofJ7.82 ... \ / I ~ ~ ~~~ ~~t If. SeAL.!: l".,eo FeET ~o ~...o L INE TABLE ~. DIST~ ......-".. ~ 'l" ..~ L1 JO ."JIJ 1.7 H." L' 31.05 L" 2'1 4f , L 10 11.'1 L 11 ...22 L 12 45 . of4 11J 41 H L14 1,97 L 16 JR,~ L18 2..25 &.11 11,.0 us fa.'! L.1f 6.52 &.20 P,'7 L21 '..1' .." 2'124 #.z~ oft. flJ nr:;;~ 1 -;-l.,...qq nl~ '-I A~.tf p Il ., , ~ / Ii n I r-". r; /j'.-: ~ i ""'"'.it}} C'1\; LJ Apnl-27: 1998" CathIe Carlson City of Yelm POBox 479 Yelm, W A 98597 ~ RE Nisq uaIly Plaza Proposed Driveway Relocation Dear Cathie As we discussed on the t~:lep.h0~e, I beL0T'i~;:' sam."=", of our rec,~nt ccrrespDndeJlce: crossed H1 the mail. To help expedIte your reVIew of the Easements CondItIOns and RestnctIOns ("ECR's") 1 sent to you, I went through the letter/lIst you sent to me, and have the follOWIng comments for you. 1) Recorded ECR's have been sent to you, wluch documents I belIeve Include, at a mmlmum, those Items the CIty WIshes to mclude In CC & R's a. SectIon 3 7 of the ECR's goes mto detaIl as to assessment and collectIOn of fees for mamtenance and repaIr of not only the storm water system, parkmg lot and dnveway accesses, and landscapIng (whIch are those Items noted m your letter), but also includes mamtenance and repaIr of stnpmg, walks, utIlItIes, shoppmg center sIgns, garbage, IIghtmg, and removmg garbage and trash, obstructIons, Ice, water, and snow b The ECR's have been recorded agamst the Nisqually Plaza shoppmg center property The documents set up an aSSOCIatIOn relatIOnship wherem a party deSIgnated as the "Responsible Party", m thIS Instance the Nisqually Plaza LImIted PartnershIp, IS to admImster the document. "Owners" (tenants and/or future purchasers) are IdentIfied as members of the aSSOCIatIOn. If the Nisqually Plaza LImIted PartnershIp ceases to become owner of the center, the succeSSIve party or that Owner ownmg more of the Property than any other c The ECR's can be referenced on the front of the short plat. 2. Section 3 7 of the ECR's requires that the common areas be mamtamed Existing and ongomg mamtenance agreements exist and Include, but are not lImIted, to garbage collection, landscapmg maIntenance, asphalt sweepIng, snow removal, storm system mamtenance, and SIdewalk cleanIng. SectIOn 2 1 grants access/easement to the Common Area, and SectIOn 2 4 grant access/easement to the Common Area utIlItIes for purposes of mstallatIOn and mamtenance 3 SectIOn 24 of the ECR's states "There IS hereby granted m favor of the Owners of the Shopping Center, their respectIve successors, assIgns, mortgagees, lessees, sublessees, employees, agents, customers, lIcensees and invltees, a perpetual non-exchlSlve easement and nght to use the Common Areas for utIlItIes " The easement IS for nght of access and 1133 164TH ST S W / SUITE 107/ LYNNWOOD WA 98037-8121/ (425) 742-0520 FAX (425) 742-5553 SEATTLE / PORTLAND / SAN DIEGO ,-<S< Memt>erot Inlernal'onal Councd otShopp,ng Centers use, mcludIng mstallatIOn and maIntenance Therefore, In addItIOn to any nghts granted m utIhty easement #9506210046, the ECR's grant further nghts for access and mamtenance to the SaId STEP system easement. 4 SectIOn 2 1 provides a permanent, non-exclusive easement and nght to the Common Areas (WhICh mcludes the parkmg areas) to all Owners wIthm the shoppmg center Therefore, a shared parkmg agreement among the Owners eXIsts wIthIn the recorded ECR's. AddItionally, CC&R's (recordIng #8706050023) exist between the Key Bank property and the shoppmg center whIch allow recIprocal access and parkmg between those two propertIes 5 SectIOn 2.2 allows all Owners a " a permanent nonexclusIve easement for mgress and egress across the serVIce dnve to the entrances on l03rd Avenue and Plaza Dnve" AddItionally, as noted preVIOusly, SectIOn 2 1 allows permanent nonexclusIve Ingress and egress to the Common Area, and the eXIstmg dnveways are included in the Common Area. 6 I don't beheve the water lme that runs through the sIte mcludes an easement to the CIty I wIll mvestIgate It further, and If an easement does not exist, I will ensure the necessary documents are executed forthWIth to establIsh saId easement. 7 If the tax parcel number 22730121800 no longer eXIsts, It won't be mcluded on the short plat. 8 The exact (as reasonably can be determmed) Improvement area will be included on the plat. 9 The spellIng of Lot as shown on Lot 8 WIll be corrected. 10 Please venfy If the EC&R's satisfactorily meet the CIty's mtent for CC&R's and mamtenance agreements Upon review of the eXlstmg EC&R's, I belIeve the CIty WIll confirm the EC&R's meet and exceed the CIty's reqUIrements. Please revIew the above, and let me know If the EC&R's are satisfactory The short plat document wIll be reVIsed and sent to you m the very near future As always, feel free to contact me If you have any questIOns or comments smcerelJ ~zrnc, , 'Richard Embry, Manager ~ Enclosure rde 1133-164th S1. SW, Suite 107 Lynnwood,WA 98037 (425) 742-0520 (425) 742-5553 FAX . ~ ~ . .~,. ~~~~~~~...~"r.~:~^:~'i{~~.~'~~~~:'~~~ Gramor DeveloPlTJent'~/.;~1~'~~..:r..:. " " '" ""~./I'i.}"~,i>-""""., '''~~;''''J'';,'1'.' t, To: Cathie Carlson, City ofYelm x For Review From: ~ichard Embry Pages: I Date: ~priI17, 1998 I I I D Please Comment [] Please Reply I CC: Fax: (360) 458-4348 Phone: (425) 820-9687 Re: Nisqually Plaza - CC&R's D Urgent o Please Recycle . Comments: In our last two telephone calls, you had indicated that CC&R's will need to be created for the proposed Nisqually Plaza short plat, that reflect reciprocal easements fot access, utilities, address maintenance of common area, etc. I Attached is a copy of the Declaration of Easements, Covenants and Restrictions and Agreement for Nisqually Plaza Shopping Center The document was rbcorded in Thurston County, recording #9312300173 I believe most of, if not all, of your concerns regarding access, maintenance, etc., are addressed in this document. I cross-referenced its content with a similar CC&R document that we have for another shopping center, and is substantially similar I suggest Uiat the Short Plat include, as a note, a reference to the enclosed document. I Please review with Ken, and let met know at your earliest convenience if this Declaration satisfies the Short Plat requirements. I I Attachment I ~~ \1 ~ .. \ City of Yelm I . 105 Yelm Avenue West pia Box 479 Yelm, Washington 98597 I (360) 458-3244 ~(, l,;nr(Y} , ~ rf1J~\L~~ ~~_. ~ \\f~ '~.C' <>,,~'XA \-::). ' \1-\,1 ~~ ~'\ ~\.\ ,/ \. April 16,1998 Mr Richard Embry GramorDevelopment N W , 'Inc. 1133 164th StreetSW, Suite 107 Lynnwood, WA 98037 . . . . I Re Variance and Short Plat Approval for Nisqually Plaza 1?J( JJ t1Af tf..-.- Dear Mr ~~.. . .......- The City,hascompleted its review for a Variance request from side yard setbacks and a short subdivisioTifor Nisqually Plaza. I ~ The City Council received a recommendation from the !Yelm Planning Commission to approve your application for a variance from side yard setbacks for the lots as ds.picted on the short subdivision drawing signed and dated by Robert Swift bn December 1, 1997 On March 25, 1998, the City Council approved the variance request ts described above l City staff has completed the review of your application lifOI' the short subdivision of tax parcel 22730110200 and 22730121800, commonly known as Nisqually Plaza Shopping Center The Site Plan Review Committee finds your applicatio'1 to be in compliance with the applicable Yelm Municipal Code(s) provided the followi,ng conditions are satisfied prior to final short plat. 1 The applicant shall submit Declaration of Covenants, Conditions and Restrictions (CC&R's) for the short plat. At a minimum they shall contain provisions for' o Authorizing the association to assess and collect fees for the maintenance and repair of the stormwater system, parking lot and .driveway accesse~, and landscaping cl G Bylaws that address membership and the structure of the association The CC&R's shall be referenced on the face of the short plat. * Ret:ycld paper -,~ \\ " - Mr. Richard Embry Aptil1o, 1998 Page 2 o~ ;t/~ dJA.) :J' 1-\1 h 'c Pleasesubrnit to .the. city for approval a.maintena.nce"agreef1)~nt for all infr:astructure that.servesrrlore than Oi1elot. within the plat. ,Maintenance c;tgt~emenJ~ will be, r~guiredfor the stormwater,'faci1ities, ;parking'lotand' driveway'acGessesand .landscaping'l have.enclosed ~Lsample stormwater facility agreement ,f()r your reference, If you ~ouldllketo ,u~ethe formatoqhe enclqsed,stormwafer facility ~greement, please 'Ietme 'know and t would be I:lappy 'toe~lT,lail'~hefv1aintenance'Cl:lecklist, Attachme,nt"A" ofthe agreemelit. 1 .'1- ' ') Ple'as~ verify that the ut.ility easement, A.F~,506~10d46; ,ptovlde~ the .correct 'l~ngUage forah' easem~ntto-aillots'in fheshorLplalfor'City acces~ai1d, ' mahitenanceof th~,~TI;:P ,~ewer'.:system;' , ' . - , 'I~ -" ,I._ Please ~ubmita ~h~U"ed parking lot agreement to the, city for,approval.; the corifjguratic;>hofthe:lots,doe~ nbtproVidefor ti:lemfnimUm Qn ~ite ,parking, requiremei1ts;,Le Lor4" "Each lot is required to h~ve a :mini,mum of 1 stall per' every,2S(r square feet of-building space or.ahapproV:ed'~hared~ parking agreemenrth~frrie~ts tlie ,niini'mumparking requlr~merits'foraWthe ' '"" comm, erCic:il.lJ,' s~S', inVO, ,~"e~: ,the shared ~afki'W ~,greem~ht s, heW, \1, [ ~e recorged" 'p ,d-A, t,l ~ and ~eferehCed ~n~h~fageofthe Sh~rtPI~tlLJu'i--+f'tfj,t-lr!Y ~v~tf(o-;f", , 011 cifY ,~ A~cess toall10ts s.hall b~e from ex!sting driveways: No.'new acce~~es will be . , :approvedby.,the City Please venfy that A.F ~412190120.provldes an ingress/egrl:;lssand utility easement .for all-lbts in thesh6rt~plat. _ 0 Please provide a utilityeasemei1tf6r the City Water lines/system; if it is not cp'ntaine(jin a previously'r~corded easement. ' , , Thurston Co~nty Asse_ssorreeord~ indicate 'that 'tax parc.el numb~r 22730121800, no lohgerexists, itwas comQinedinto 22730110200 per SS- 8188 . 'I'; Thurston County.Assessor',S 9fficereqLiires the exact square footage for'~ach port,oq of the improvement which falls within each n!3w lot. ,Please,supmit this informationwitli the 'filial plat. - " P1eal?e correcfthespeHingof Lot asshowrl on Lot 8. Onge the above conditidns are satisfied the final plat can be submittl:;ld (or apprOval' ~nd signature For final plat please include. the original signed and notarized Depl~ra{iOri 'of Short. PI~tandCoveilants; 'all maint~n~nce.' '- agreetTIents,; the bC&R~s, 4 bluelineeopies '~nd the Mylar~for final short plat. Review, I:lpprovaland ,signature.,bf the final documents typically canbl:;l ~ ' "~comple~ed by t~eCity within ~ we.e,ks. j' " I v~cP~~ t'.~~~. -, ,I ~' CJ ~', ~ @ & (c ,; jJ ,. . :-1 Mr" Ri9f:1ard'Em~ry ~. cApril 16, 19ge PageS, ' ' - J I have 'included a .sample of the CC&R~s and Bylaws. for a localhomeown~rsassociatiori. Bec::ause your site is commerCial some items in the ,sample' documents may notbe applicable b .. your .siteand YOlJ may need to add a~ditional clauses in respecHo the --:cornmercial use. You- may be 'able'to opt~in a sample of'CC&R's for a pommercialsubdivisioO from a title company ~Iso you may want to consult an attorney {o ensure the .final product is comprehensive. l \.., , If ypu have ~ny questions, of need fLirther'assistanceplease contact me at (360) 458;;8408 '- '. '", -: -,I ~ \' Sincerely, ~~s8~ City ~iaf1net' . . , ,cc: Bob Swift Shelly Badger Ken Garmann Drew Femely Stephanie Conrler~ '~- It c' .... ... . -:-:-:-.'~:~~~~~.~~~~~~.':-:~._.- """-.", --...- '- ........ ",.... PLANNING DEPARTMENT (x)PW Dir (x) City Admin. (x) Applicant (x) Posted (x) City Planner (x) PW Secretary (x) Building Off (x) Mayor ""!_~w.06W!l1i"tJ;n~II''''''''-''''''''_ - _._I'!"'e.~~~ THE FOLLOWING CASES WILL BE CONSIDERED AT YELM CITY HALL, 105 YELM AVE WEST, IN COUNCIL CHAMBERS MEETING DATE Wednesday. March 11. 1998 .....- 1'00 P m 130pm 2:00 m 2:30 .m 3'00 m. 330 .m Richard Embry - Vancil Road re-alignment, meeting at the La Casa Real restaurant, 3410 Pacific Hwy, Fife Pre-submission meetings: Applicants and/or representatives are required to attend meeting. Environmental Review/Site Plan Review: Staff review only, applicants and/or representatives are not required to attend. If you plan to attend, please notify the Planning Department at 458-8408. c:\wp51 \cathie\weekspr KEVIN J O'SULLIVAN Assessor JOHN F BOYD Deputy THURSTON COUNTY SINCE 1852 OFFICE OF THE ASSESSOR .\'''~''''''''=--~-''--'-~. MEMORANDUM J~m1alj' 1'J ] l)O~ TO CIty of Yelm FROM Thurston County Assessor's Office RE Short Sub PrelIm1l1ary SS98-8210-YL My comments/recommendatIOns are as follows A. Please elImmate tax parcel number 22730121800 from plat thIS parcel no longer eXIsts, It was comb1l1ed mto 22730110200 per SS-8l88 B We WIll reqUIre the exact square footage for each portIOn of the Improvement whIch falls wIthIn each new lot. Please provIde thIS 1l1fOrmatIOn for us SIgnature- j)~ a~~ 2000 Lakeridge Drive S W., Olympia, Washington 98502-6045, (360) 786-5410; FAX (360) 754-2958; TDD (360) 754-2933 ~33 * Recycled Paper City.ofYelm '- ' II \ 105 Yelm Avenue, West POBox 479 Yelm, Washingtfm 98597 . (360) 458-3244 . . PLANNING' DEPARTMENT DATE Ja'nuary 8, 1998 APPLICANT Gramor Development, NisquallyPIi;1za CASE NUMBER. SS98-8210~YL PROJECT LOCATION Northof~Hwy 507 (Y~Ih1 Ave E) between 103rd-Aveand Morris Rd PROJECT ~.UMMARY: Subdivide and; undeveloped~portion of the existing' NisquallyPlaza property ~i. . , The enclosed project infor~ation is for your review, Piease provide written comments or recommendations to Cathie Carlson by Monday. January 26. 1998 Your comments will become part of the record and utilized in the deCision-making process by'.., staff, PlannihgC<;>mmission or City. Council " ' , TYPE 'OF APPLICATION: ; '.' , X PROPO$ED Site Plan Review 'Planned .Residential Development . - . " FINAL , Preliminary Plat Mixed Use Planne.d DevE!lopmerit X ADryllNISTRATIVE Final Plat Master Planned'Developme[1t '" . PLANNING ,cOMMISSION X Short Subdivision Home Occupation(s) , , , Conditional Use , .CITYCOUNCIL , Short Subdivision Variance . , " Mobile ,Home Park '" " , " TO: - " " '-.-"\- X City Administrator X Thurston County Assess,or " X Director of Puplic Works X WSDOT - - X Building Department. 'InterCity Transit - X City Planner '" School Distribt , '" , .,' - X City Clerk Yelrh Telephone ! " '" , LeMay Garbage Service " X Police Department . ' , - ~ Fire Department , Puget.Sound Energy - Thurston County CapCom Viacom Cable .. , , . .Adjacent Jurisdiction Adjacent Property O~ners , - - I Yelm Municip.alCourt US Post Office, - Y ~jrn -" '. ., Thu'rston County Envirbninent,al Hea,lt~ Department, of E<?ology. Olympic Air Polluticm Contrql Authority ;y-elm Chamber of.Comm,erce , Yelm Parks Advisory COIJl[Tlittee ( , , , .. " W' ^ Recycled paper ~ o k ~t 1 City of Yelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 l ~ \J PLANNING DEPARTMENT DATE: January 8,1998 APPLICANT. Gramor Development, NisquaHy Plaza CASE NUMBER. SS98-8210-YL PROJECT LOCATION North of Hwy 507 (Yelm Ave E) between 103rd Ave and Morris Rd PROJECT SUMMARY: Subdivide and undeveloped portion of the existing NisquaHy Plaza property The enclosed project information is for your reView Please provide written comments or recommendations to Cathie Carlson by Monday. January 26.1998 Your comments wiH become part of the record and utilized in thedp.d~ion-m::lkinn nrn,,'"'':''' 'Jy staff, Planning Commission or City Council. TYPE OF APPLICATION: X PROPOSED Site Plan Review Plann FINAL Preliminary Plat Mixed X ADMINISTRATIVE Final Plat Maste PLANNING COMMISSION X Short Subdivision Home CITY COUNCIL Conditional Use Short Variance Mobil<< TO' X City Administrator X Thurston County Asse X Director of Public Works X WSDOT X , Building Department Intercity Transit xV City Planner School District X City Clerk Yelm Telephone X Police Department LeMay Garbage Serv Fire Department Puget Sound Energy Thurston County Cap Com Viacom Cable Adjacent Jurisdiction Adjacent Property 0", Yelm Municipal Court US Post Office - Yelll Thurston County Environmental Health Department of Ecolog Olympic Air Pollution Control Authority Yelm Chamber of Cor Yelm Parks Advisory Committee * RecycIe4 papu Ka(\- \0.Q I\QQJ -tv !'\[lvQ con~f\I~~ -tv , eettiw bLll~rfJ J-1 fls( P ~ -<z:, ~Jo ~~J1:i1' . ~ tGcdJ[\ J2~~40? . ~/~~f\\ LOztQA ~~ CITY OF YELM A\D PO Box 479 P Yelm WA 98597 JAN 0819 360-458-3244,._ Y APPLICATION ~~k\{ '~J \- SHORT PLAT Fee: $250.00 + $50,00 per lot (In addition, any professIonal service charges per Resolution #358) t~ "755~ A short plat Is a request to subdMde property Into nine (9) or fewer lots for the purpose of residential. commercial. or Industrial development. No more than nIne (9) lots may be created by short platting wlthin any five-year period. A short plat Is reviewed by the CIty's staff for confonnance wlth City subdivision standards and other regulations. The plat cannot be approved unless appropriate provisions have been made for public facilities, such as roads, sewer and water. A survey Is required for the final short plat Preliminary and final review wlll usually each take about 30 days. Unless appealed, the City Planner's decislon.ls final. NAME OF PROJECT l'-..\ \~UA-\...'-4 'P....~~ \ APPUCANT /~"""~ L:::e.\l~'-~e.Nr-:."1...w. ).J:.t-1c..., Mailing Address ~ ~ ~'~l&! ~ 101 City, State and Ee _ L ;:. >-I. t::> A- g ~ Telephone z, - s .. . .'. . . . OWNER r--\I~"b,.'-'-i FL~ Mailing Address ~~~ ~~ ~ ~~UI. :re:- City, State and Zip L ~ I or ~.., ~. Telephone 0- - s . . 10, ~~i~~~~~~~~CHITECTIOTHER . ~~!~-r;s :;'t> ~oe.~ City, Stateand Zip M. D7-,l.. Telephone r~) ....,#5'S~tD't..t:j(J, '. PROPERTY DESCRIPTION General Location klr.e.-nI- OF=- HW'-I 10"? "aG.'"1'\Nee.,J. IO~lC:O ~>Je AM%::> ~s eD Site Address . Land Area (ac::res) I t.j _'5{?), Section '"30 Township 17..1... . Range 'Z.!S- Assessor's Tax Parcel Number a7:2>OI I()~' z.'Z7~o'~\ 800 Full legal descrf on of subject pro rty (attach separate_s$et If necessa ....L- - t... .. . ,. -. .1 ' . .. ~ .> ~ i affirm li,tll aU anSW8rl1. statemant3 and Inforrnat!on contaIned In and submitted with thIs application are complete and aecura the best of my knowledge. I also afflnn that I am the owner of the subject sIte or am duly 8uth ed b)l he owner to. act With respect to this application. Further, I grant permission from t owne 0 any and all employees and representatives of the City of Yelm and other governmental encle enter upqn a Inspect said property as reasonably necessary to process this appllcatlo . ae to pay all f the ty which apply to thl: ap~lcatlon. Signed "Date . /~i47 V~C~NITY MAP UJ a z -J 0::: ~\) lLJ a ~ -J C') <(- -J 0::: ~ :) z ~ () 0::: - 0::: () Q UJ 0" ~Vj 0~ SITE 103RO AVE a 1 05 TH A VE 0::: a a a 0::: 0::: 0::: -J ~ -J 0::: - -J () - "C Z ~ -J S 109TH AVE () NOT TO SCALE ~ \ \\ ~ \, ~ ,\ l\ ~ 1 \\~ J ~'I l\1 %' :J \ tlL "" ~~ ~~ ~ ;\~t cr: 0- . i ~ h~\ o. · "" a '\t 0 ~ ~ ~h\ \l~i ~ 0 ~ ~~~ g ~~o ~~ o o C'4 "" -z. ~ ~ (ol z i'. Q cr: <6 VI c" :;;. . 0 - ~... o 'Ci'" co 0 ~ ~ ~ ~ t- t;: ~ o :I: VI 0. . :c 0 .. ~ ~ ~ ~ ~ ~'ii1 ~ ~ r. f~ B '0 ~ w.! C) % g~ 'g )- 0 \f) ~ cr: n ~ ~~ 8 ~ ~~ '& ~~ ~ \~ \\ \ ' ,\' \\ i ~, \\~\ ~ \\ \ \t\'~i i U' \t\\\t\; \\ \ \\\~\\\\ \\\ \, \ 1\\\\ \ \~\\'1 \ill \ 1\1\\1 \\\\\~\\\\\\\ \ \\\\\\\\\\\\\\ - 'i \ \ ~ t ~ '!l .... ~ i \ it t, ~ . I _It '€\' 'd , ~ li 0. '!l J s! ~ i <<3 ! (i ~ ~~ i~ (/) ..~ ~ ili 'n. 1\ ~ 5 ~\ ~ \\ o \l: ~ ~\ C> <! ~ tl \\~a ~~ j\~. ~ ~~~~~S~~8~8 ~ ~ _ o.....~..~~ -~&& o ....,.. .,_..- t' . Ill: ~~ ............................... w -- W!~~~~~~~~~~~~ ~~\~~ gll ??p!?~?~?~~ t-S\?~ t- ftftU~ft;;ft;;ft;;;; w t;~ %%%""%""Z""",,IIIIII > '! .\_~'3.ft."'..o" -Si\-n :,,'" ..............:;:; <.,) .., g ~ .,;",l "- .f~/i'~ l'~i {:(f~ l ~ t }';' !~, ~ RLS & ASSOCIATES POBox 1607 OLYMPIA, WA 98507-1607 [S@:uu@:~ @[? u~&~@UYAJDuu&[S TO (360) 753.6296 FAX (360) 786.8560 C V"r"{ or 'le:t...W\ \ 0 c:, '\e.t-AA ~E.. We.~--r ~o,~ 4,9 "l6t..M vJ~ q8~'7 / RE. WE ARE SENDING YOU crittached D Under separate cover via the following items > D Shop drawings D Copy of letter D Prints D Plans D Samples D Specifications D Change order D COPIES DATE NO DESCRIPTION I '2 J-tLf fqfIJ ~"\l.~( F(2qWI ...,,uW$ NtYTl t:W, U-rr ~ . ,..I..., \')~c;;: A(I1M~ Llc;:-r I THESE ARE TRANSMITTED as checked below' D For approval ~r your use ~requested D Approved as submitted D Approved as noted D Resubmit copies for approval D Submit copies for distribution D Returned for corrections D Return corrected prints > D For review and comment D D FOR BIDS DUE 19 D PRINTS RETURNED AFTER LOAN TO US REMARKS -lfau;;-s: ~c.. f....I~-r' 6':- ~'i ...,-wNetzs ;::=-na.. TNIIiE ~\.Jl(Z..e..ME,.lr<" oF ~ffe.. \l~AlJLe - ~ CM--rtk -r fZ.lc~ EM.%t2-'( @r b(l.A:MbfZ- ~~fJMEA\', (4V3) '7LtZ-O t7ZO IF'-IuV ~E:- ~ Gv~-not.lS- COPY TO ~ll..e::- SIGNED ~ If enclosures are not as noted, kindly notify us at once. L Marilyn Coffelt 502 SE 103rd Ave Yelm, WA 98597 ROCKY PRAIRIE CORP 17835 State Route 507 SE Yelm, WA 98597 Stella Jablonski 10425 Highway 507 Hwy SE Yelm, W A 98597 Arnold & Sharon Ball 2329 Log Cabin Rd SE Olympia, W A 98501 OUR REDEEMER LUTHERAN CHURCH 10325 Highway 507 SE Yelm, W A 98597 Lloyd Reichel 12306 Bald Hill Rd SE Yelm, W A 98597 Michael & Connie Norquist 14022 Yelm Hwy SE Yelm, WA 98597 Bonnie Littlejohn PO Box 318 Yelm, WA 98597 Dorothy Hall 10336 West Rd SE Yelm, WA 98597 Prairie Christian Cen Yelm PO Box 578 Yelm, WA 98597 FIRST BAPTIST CHuRCH PO Box J Yelm, WA 98597 Refining & Marketing Texaco TAX. DEPT PO Box 7813 Universal City, CA 91618 Jack Peugh 10704 Vancil Rd SE YeIm, WA 98597 OUR REDEEMER LUTHERAN CHURCH 10325 Highway 507 SE YeIm, WA 98597 OUR REDEEMER LUTHERAN CHURCH 10325 Highway 507 SE YeIm, W A 98597 Witnesses Jehovahs 16549 l48th Ave SE Yelm, WA 98597 Robert Tstee McAlexander 6820 Windlass Ln Gig Harbor, W A 98335 Bonnie Littlejohn PO Box 318 Yelm, WA 98597 Vickie Lee Hall 10344 West Rd SE Yelm, WA 98597 PRAIRIE PARK LIMITED PARTNER PO Box 5210 Yelm, WA 98597 ROCKY PRAIRIE CORP 17835 H W 507 SE YeIm, W A 98597 Douglas Cameron PO Box 1221 Yelm, WA 98597 Arnold & Sharon Ball 2329 Log Cabin Rd SE Olympia, W A 98501 OUR REDEEMER LUTHERAN CHURC 10325 Highway 507 SE YeIm, W A 98597 Lloyd Reichel 12306 Bald Hill Rd SE Yelm, WA 98597 Witnesses Jehovahs 16549 l48th Ave SE YeIm, WA 98597 Bonnie Littlejohn PO Box 318 YeIm, W A 98597 Leo Lefebvre PO Box 1056 Yelm, WA 98597 Desmond Iverson 407 NE 103rd Ave Yelm, W A 98597 PRAIRIE PARK LIMITED PARTNER PO Box 5210 Yelm, WA 98597 - TRANSNATION Title Insurance Company PREPARED FOR Mike RLS ~O ~ \toOl O\'l~'V\o..l wA Q<6S01 PREPARED BY Stevie Kellogg DATE 02/24/98 TIME 18 45 02 REPORT NUMFARM TCF COUNT 30 REMEMBER TRANSNATION TITLE ON YOUR NEXT TRANSACTION 710 Sleater- Kinney Rd. SE, Suite Y, Lacey Wa, 98503 (360) 459-9489 (360) 459-7323 Thurston (W A) Search Parameters Parcel Number 30 6430 36 01701 6430 36 01702 6430 36 01800 6430 36 01801 6430 37 00100 6430 37 00101 2273 01 10100 2273 01 10102 2273 01 10103 2273 01 10104 2273 01 10201 2273 01 10202 2273 01 10300 2273 01 10400 2273 01 21500 2273 01 21200 2273 01 21400 2273 01 21300 2273 01 21100 2273 01 21101 2273 01 20101 2273 01 21900 2273 01 40100 2273 01 40300 20 \ :z:fl 29 \ \ \ \ \ ) v v (D-01 ) \ " l.--------- Q)-0102 ~~ \ 16 @-04 CD 00201 (D-02 &0101 ~O 1 ,y ~'" "- 0 \ 00104 ~ ([}0101 \~ @-07 (;J @-08 ~ \~~~ \ / ') \ ~ ~ @-Ol~ @1101 I \ (21_0901 \ \@-l4 1@1Z \\~ @lB \ (})0103 @10 \ @0101 , , CD III @_0903 , " 0-03 , --- ~ I r- III 0l\~~ @11 \ @15 @-09 0-02 ~~ 3~ r("(Aj (]}0302 G) ~"'- C'Q(;f\;I} (2) @-0303 DQP G) IRRIGA1ED 5 TRAC1S 3 003 @DOl 0@01 18 6430-@P0101 AVE SE l03RD 301129 Co q ~6 3 I 00 ) b I 3l 60 100 \i b \ \ 10'2. t15 \'t>O\ # 1 Parcel Owner Site Mail Use Census Bedrm # 2 Parcel Owner Site Mail Use Census Bedrm # 3 Parcel Owner Site Mail Use Census Bedrm # 4 Parcel Owner Site Mail Use Census Bedrm # 5 Parcel Owner Site Mail Use Census Bedrm # 6 Parcel Owner Site Mail Use Census Bedrm # 7 Parcel Owner Site Mail Use Census Bedrm # 8 Parcel Owner Site Mail Use Census Bedrm 3 *-------------------- Met;roScan / Thurst;on ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone 360-458-2017 LvngArea 904 Ac 32 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea 4,730 Ac 3 56 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea Ac 6 31 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea Ac 2 51 ----------------------------* S 30 Xferd Price Phone T 17N R 02E Q NE 10/02/89 $1,089,500 2273 01 10100 Coffelt Marilyn L 502 SE 103rd Ave Yelm 98597 502 SE 103rd Ave Yelm Wa 98597 97000 Com, Residence In Commercial Tract 124 00 Block 7 Bth 1 00 YB 1910 Story 1 Bldgs 1 *-------------------- Met;roScan / Thurst;on 2273 01 10102 First Baptist Church 16415 103rd Ave SE Yelm 98597 PO Box J Yelm Wa 98597 69700 Ins,Services,Religious Activities Tract Block Bth 1 00 YB 1973 Story:1 Bldgs 1 *-------------------- Met;roScan / Thurst;on 2273 01 10103 Rocky Prairie Corp *No Site Address* :17835 H W 507 SE Yelm Wa 98597 96220 Com,Arterial Frontage,Inter,Suburb Tract Block Bth YB Story Bldgs *-------------------- Met;roScan / Thurst;on 2273 01 10104 Rocky Prairie Corp *No Site Address* 17835 State Route 507 SE Yelm Wa 98597 96240 Com, Secondary Frontage, Inter, Suburb Tract Block Bth YB' Story Bldgs *-------------------- Met;roScan / Thurst;on 2273 01 10201 Texaco Refining & Marketing *No Site Address* PO Box 7813 Universal City Ca 91618 96220 Com,Arterial Frontage,Inter,Suburb Tract Block Bth YB Story Bldgs *-------------------- Met;roScan / Thurst;on 2273 01 10202 Cameron Douglas R 107 State Route 510 SE Yelm 98597 PO Box 1221 Yelm Wa 98597 58100 Com, Eating Places Tract Block Bth 2 00 YB 1971 Story:1 Bldgs 1 *-------------------- Met;roScan / Thurst;on 2273 01 10300 Jablonski Stella 10425 Highway 507 Hwy SE Yelm 98597 10425 Highway 507 Hwy SE Yelm Wa 98597 11120 Res,Single Family Res,l 01-2 5 Acre Tract Block Bth 1 00 YB 1937 Story 1 Bldgs 1 *--------------------: Met;roScan / Thurst;on 2273 01 10400 Peugh Jack Et Al 10509 State Route 507 SE Yelm 98597 :10704 Vancil Rd SE Yelm Wa 98597 11130 Res,Single Family Res,2 51-5 Acres Tract 124 00 Block 5 Bth 2.00 YB 1968 Story 1 Bldgs 1 LvngArea Ac 1 47 ----------------------------* S 30 Xferd Price Phone T 17N R 02E Q NE : 11/29/89 $180,000 LvngArea 5,760 Ac 70 ----------------------------* S 30 Xferd Price Phone T 17N R 02E Q NE 02/11/97 LvngArea 878 Ac 1 50 ----------------------------* S 30 T:17N R 02E Q NE Xferd Price Phone LvngArea 1,344 Ac 4 56 The Information Provided Is Deemed Reliable, But Is Not Guaranteed # 9 Parcel Owner Site Mail Use Census Bedrm # 10 Parcel Owner Site Mail Use Census Bedrm # 11 Parcel Owner Site Mail Use Census Bedrm # 12 Parcel Owner Site Mail Use Census Bedrm # 13 Parcel Owner Site Mail Use Census Bedrm # 14 Parcel Owner Site Mail Use Census Bedrm # 15 Parcel Owner Site Mail Use Census Bedrm # 16 Parcel Owner Site Mail Use Census Bedrm *-------------------- MetroScan / Thurston ----------------------------* S 30 Xferd Price Phone T 17N R 02E Q NE 12/29/89 $325,000 360-754-7427 2273 01 20101 Ball Arnold H & Sharon 16137 State Highway 507 SE Yelm 98597 2329 Log Cabin Rd SE Olympia Wa 98501 58110 Com, Eating Places,W/Alcohol Tract Block Bth YB 1977 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 20101 Ball Arnold H & Sharon 16137 State Highway 507 SE Yelm 98597 2329 Log Cabin Rd SE Olympia Wa 98501 58110 Com, Eating Places,W/Alcohol Tract Block Bth YB 1994 Story 1 Bldgs 2 *-------------------- MetroScan / Thurston 2273 01 21100 Our Redeemer Lutheran Church 10325 State Highway 507 SE Yelm 98597 10325 Highway 507 SE Yelm Wa 98597 69700 Ins,Services,Religious Activities Tract Block Bth YB 1932 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 21101 :Our Redeemer Lutheran Church 10325 State Highway 507 SE Yelm 98597 10325 Highway 507 SE Yelm Wa 98597 .69700 Ins,Services,Religious Activities Tract Block Bth YB 1978 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 21101 Our Redeemer Lutheran Church 10325 State Highway 507 SE Yelm 98597 10325 Highway 507 SE Yelm Wa 98597 69700 Ins,Services,Religious Activities Tract Block Bth YB 1986 Story 1 Bldgs 2 *-------------------- MetroScan / Thurston 2273 01 21101 Our Redeemer Lutheran Church 10325 State Highway 507 SE Yelm 98597 10325 Highway 507 SE Yelm Wa 98597 69700 Ins,Services,Religious Activities Tract Block Bth YB 1986 Story 1 Bldgs 3 *--------------------: MetroScan / Thurston 2273 01 21200 Reichel Lloyd C 10539 Vancil Rd SE Yelm 98597 12306 Bald Hill Rd SE Yelm Wa 98597 11120 Res,Single Family Res,l 01-2 5 Acre Tract 124 00 Block 5 Bth 1 00 YB 1947 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston LvngArea 6,720 Ac 2 16 ----------------------------* S 30 Xferd Price Phone T 17N R 02E Q NE 12/29/89 $325,000 360-754-7427 LvngArea 3,580 Ac 2 16 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea 676 Ac 4 50 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea:4,620 Ac 2.55 ----------------------------* S:30 T 17N R 02E Q NE Xferd Price Phone LvngArea 2,880 Ac 2.55 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea 257 Ac:2.55 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone 360-458-7264 LvngArea 448 Ac 1 02 ----------------------------* 2273 01 21200 Reichel Lloyd C S 30 T 17N R 02E Q NE 10539 Vancil Rd SE Yelm 98597 Xferd 12306 Bald Hill Rd SE Yelm Wa 98597 Price 11120 Res,Single Family Res,l 01-2 5 Acre Phone 360-458-7264 Tract 124 00 Block 5 Bth 1 00 YB 1957 Story 1 Bldgs 2 LvngArea 1,080 Ac 1 02 The Information Provided Is Deemed Reliable, But Is Not Guaranteed # 17 Parcel Owner Site Mail Use Census Bedrm # 18 Parcel Owner Site Mail Use Census Bedrm # 19 Parcel Owner Site Mail Use Census Bedrm 2 # 20 Parcel Owner Site Mail Use Census Bedrm # 21 Parcel Owner Site Mail Use Census Bedrm # 22 Parcel Owner Site Mail Use Census Bedrm # 23 Parcel Owner Site Mail Use Census Bedrm # 24 Parcel Owner Site Mail Use Census Bedrm *-------------------- MetroScan / Thurston ----------------------------* S 30 T l7N R 02E Q NE Xferd Price Phone LvngArea 3,440 Ac 23 2273 01 21300 Jehovahs Witnesses 10411 State Highway 507 SE Yelm 98597 16549 148th Ave SE Yelm Wa 98597 69700 Ins,Services,Religious Activities Tract Block Bth YB 1977 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 21400 Jehovahs Witnesses 10411 Highway 507 Hwy SE Yelm 98597 16549 148th Ave SE Yelm Wa 98597 69700 Ins,Services,Religious Activities Tract Block Bth YB Story Bldgs *-------------------- MetroScan / Thurston 2273 01 21500 Norquist Michael J & Connie D 10619 Vancil Rd SE Yelm 98597 14022 Yelm Hwy SE Yelm Wa 98597 11120 Res,Single Family Res,l 01-2 5 Acre Tract 124 00 Block 5 Bth:l 00 YB 1973 Story 2.25 Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 21900 Mc Alexander Robert A Tstee 806 Yelm Ave SE Yelm 98597 6820 Windlass Ln Gig Harbor Wa 98335 65300 Com,Other Services, Professional Tract Block Bth YB 1971 Story:l Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 40100 Littlejohn Bonnie A 1208 W Yelm Ave Yelm 98597 PO Box 318 Yelm Wa 98597 62300 Com, Services, Beauty And Barber Tract Block Bth YB 1961 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 2273 01 40100 :Littlejohn Bonnie A :1208 W Yelm Ave Yelm 98597 PO Box 318 Yelm Wa 98597 62300 Com, Services, Beauty And Barber Tract Block Bth YB 1943 Story 1 Bldgs 2 *-------------------- MetroScan / Thurston 2273 01 40100 Littlejohn Bonnie A 1208 W Yelm Ave Yelm 98597 PO Box 318 Yelm Wa 98597 62300 Com, Services, Beauty And Barber Tract Block Bth YB 1992 Story 1 Bldgs 3 *-------------------- MetroScan / Thurston 2273 01 40300 Lefebvre Leo A 10533 State Route 507 SE #006 Yelm 98597 PO Box 1056 Yelm Wa 98597 15100 Res,Mobile Home Park Tract 124 00 Block 5 Bth YB 1901 Story 1 Bldgs 1 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea Ac 1 00 ----------------------------* S 30 T 17N R:02E Q NE Xferd Price Phone LvngArea 1,026 Ac-2 10 ----------------------------* S 30 Xferd Price Phone T 17N R 02E Q NE 05/13/85 $260,000 LvngArea 6,070 Ac _80 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea 1,307 Ac 1 93 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea 2,461 Ac 1 93 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea-2,400 Ac 1. 93 ----------------------------* S 30 T 17N R 02E Q NE Xferd Price Phone LvngArea 370 Ac 3 96 The Information Provided Is Deemed Reliable, But Is Not Guaranteed # 25 Parcel Owner Site Mail Use Census Bedrm # 26 Parcel Owner Site Mail Use Census Bedrm I # 27 Parcel Owner Site Mail Use Census Bedrm 4 # 28 Parcel Owner Site Mail Use Census Bedrm # 29 Parcel Owner Site Mail Use Census Bedrm # 30 Parcel Owner Site Mail Use Census Bedrm *-------------------- MetroScan / Thurston ----------------------------* S 19 T 17N R 02E Q SE Xferd Price Phone 360-458-7487 LvngArea Ac 2 96 ----------------------------* S 19 T 17N R 02E Q SE Xferd Price Phone 360-458-7487 LvngArea 1,325 Ac 1 04 ----------------------------* S 19 Xferd Price Phone T 17N R 02E Q SE 09/06/89 $86,950 6430 36 01701 Hall Dorothy R 10336 West Rd SE 10336 West Rd SE 11130 Res,Single Tract 124 00 Bth Yelm 98597 Yelm Wa 98597 Family Res,2 51-5 Acres Block 7 Story Bldgs MetroScan / Thurston LvngArea 1,512 Ac 1 79 ----------------------------* S 19 T 17N R 02E Q SE Xferd Price Phone LvngArea Ac 2 00 ----------------------------* S 19 Xferd Price Phone T 17N R 02E Q:SE 07/06/92 $295,000 YB *-------------------- 6430 36 01702 "Hall Vickie Lee 10344 West Rd SE Yelm 98597 10344 West Rd SE Yelm Wa 98597 11120 Res,Single Family Res,l 01-2 5 Acre Tract 124 00 Block 7 Bth 2 00 YB 1977 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 6430 36 01800 Iverson Desmond J 407 NE 103rd Ave Yelm 98597 407 NE 103rd Ave Yelm Wa 98597 11120 Res,Single Family Res,l 01-2 5 Acre Tract 124 00 Block 6 Bth 2 00 YB 1967 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 6430 36 01801 Yelm Prairie Christian Centr *No Site Address* PO Box 578 Yelm Wa 98597 11120 Res,Single Family Res,l 01-2 5 Acre Tract Block Bth YB Story Bldgs *-------------------- MetroScan / Thurston 6430 37 00100 Prairie Park Limited Partner *No Site Address* PO Box 5210 Yelm Wa 98597 97000 Com, Residence In Commercial Tract Block Bth 1 00 YB 1901 Story 1 Bldgs 1 *-------------------- MetroScan / Thurston 6430 37 00101 Prairie Park Limited Partner *No Site Address* PO Box 5210 Yelm Wa 98597 96220 Com,Arterial Frontage, Inter, Suburb Tract Block Bth YB Story Bldgs: LvngArea 1,374 Ac 12 21 ----------------------------* S 19 T 17N R 02E Q SE Xferd Price Phone LvngArea Ac 1 81 The Information Provided Is Deemed Reliable, But Is Not Guaranteed Owner METROSCAN Reference Farm Thurston (WA) Address Phone --------------------------------------------------------------------------------------------- Ref Number Ball Arnold H;Sharon Ball Arnold H;Sharon Cameron Douglas R Coffelt Marilyn L First Baptist Church Hall Dorothy R Hall Vickie Lee Iverson Desmond J Jablonski Stella Jehovahs Witnesses Jehovahs Witnesses Lefebvre Leo A Littlejohn Bonnie A Littlejohn Bonnie A Littlejohn Bonnie A Mc Alexander Robert A Tstee Norquist Michael J;Connie D Our Redeemer Lutheran Churc Our Redeemer Lutheran Churc Our Redeemer Lutheran Churc Our Redeemer Lutheran Churc Peugh Jack Prairie Park Limited Partne Prairie Park Limited Partne Reichel Lloyd C Reichel Lloyd C Rocky Prairie Corp Rocky Prairie Corp Texaco Refining;Marketing Yelm Prairie Christian Cent 16137 State Highway 507 SE Yelm 9 16137 State Highway 507 SE Yelm 9 107 State Route 510 SE Yelm 98597 502 SE 103rd Ave Yelm 98597 16415 103rd Ave SE Yelm 98597 10336 West Rd SE Yelm 98597 10344 West Rd SE Yelm 98597 407 NE 103rd Ave Yelm 98597 10425 Highway 507 Hwy SE Yelm 985 10411 Highway 507 Hwy SE Yelm 985 10411 State Highway 507 SE Yelm 9 10533 State Route 507 SE #006 Yel 1208 W Yelm Ave Yelm 98597 1208 W Yelm Ave Yelm 98597 1208 W Yelm Ave Yelm 98597 806 Yelm Ave SE Yelm 98597 10619 Vancil Rd SE Yelm 98597 10325 State Highway 507 SE Yelm 9 10325 State Highway 507 SE Yelm 9 10325 State Highway 507 SE Yelm 9 10325 State Highway 507 SE Yelm 9 10509 State Route 507 SE Yelm 985 *No Site Address* *No Site Address* 10539 Vancil Rd SE Yelm 98597 10539 Vancil Rd SE Yelm 98597 *No Site Address* *No Site Address* *No Site Address* *No Site Address* 360-754-7427 360-754-7427 360-458-2017 360-458-7487 360-458-7487 360-458-7264 360-458-7264 The Information Provided Is Deemed Reliable, But Is Not Guaranteed 9 10 6 1 2 25 26 27 7 18 17 24 23 22 21 20 19 13 11 12 14 8 30 29 16 15 3 4 5 28 iQQCJI~'-JLP "" " "eM ,,"",'" U" ",""ME"' "...- \7 !lOR1\\. R"!l~'\oI' ~227301'Z1800 ",.."'"0' CI" OF 'EI.>I H'S "0 ~ES'O"SI~I\J" '0 8UIUl. "",o-;E. ~"""'" o~ O'HE"",'SE SER"CE '"E pRI.,'t RO'OS 'l/ITlIIH OR PRO",Ot ,cctSS 10 pRO"'" OESCRlstO Ol' 'HIS ,,,,t. LEG,l.L DESCR\1'110NS (OR\GIN,l.L I',l.RCELS) SEC1\O!l ~O ~ ~P"RCEl !lo, ciRiG\!l"1. 1~ ~~SE\oIE~lS: 'V\CINI1'! ~,l.l' 1><AT poIRl Cf" 1><E NoR1><(AS! o<J",lE' or st;".:l:'o '% JOSUR,""Y '';'';:';:. r;:".;&J"~'g.,;~u.~':."W&~~i~'i" ,UOI,",,'$ ,~c"o J~0:!}g'~1k EXCEPT WI poR""" Co"...."'O 10 n<r Of( or YEl-" U~ , , "r'oi~~~':~' 1><,1 ctR,^'N (ASCI'ENT ,oR ,N"'''''" EGRESS. AND u"UnES AS REcoRDED UNOE' 'UD'IO'S fiLE No, ,,'2100'20 ~l1IATE IN ,"UOS1O" cDUNf(. STATE Cf" WASHiNGTON. ,...S p(SCRfPnO" IS FR"" "'ANSH,nO" nn! 'NSU,,'iCt C"",,,NY ORO" N' ,0.>671-1. DAlEO ,,,""APi ,. ,.91 ,T '.00 W NOT TO SCAli ~ j,lc,loLEX'ANDVl BOG 'l'fl.M AVE. sr YE"lfJ,WA921:597 L INf TABLE ~~ L1 N j8'4J ..6" E l2 N JS'43 46- E l"J S 51 16'14" E l.... 5 51 16'l4" E 1.5'" J.S'4.} 46- E 1-6 S Jfl'4J 4-6" W L7 5 51 16 '14~ E \ \ ~\ \ ~: ,\~ ~ 0, N ~\ ~!\-\ W \ \ I \ \ ~ AA ~c~p ~~5 ~~Y9~91 ",0, E!~~!- 6.28 5.50 3.4 02 15.00 ...50 16.00 27,)0 a,'{iI~-~~' ,. ' r~~ -~\ ~9;~ 'rp "';'r~,~: ,"'': ..-;;....." \....' ~I ., C)tYE btc~;E ,,,,'US ,,"(;Ill - ---- --- ---- Cl 37'.9,4.3" 150.00 99.04 C2 35'20'08" 120.00 1.4 01 CO!lOIiIO!lS Of ~PPRO'i "I.: pUGH SOUND pov.tR ANO uGHl' cO. crTY Of y(~ NORTHEAST sECTION CQRNf:R rouND lHUR5TON ceoi'll'!' 'ElRASS C~p c.P.S. (J. 11!9~ (7/t/ sQl1ARE IRON e:AA pER R.O.S. VOl. 21, pG. 172 RePLACED '11M 19111 8'( COUNTY.) \ I \ \ \ \ \ I ~\ e\~ ~\~ ~\~ I I \ ~ o 60 120 240 ~~~r ':~~ED " ",,-""E 2' or ",,10<-'< AT PAO< 172. ,",coRDS Cf" lHf}RSToN C""Nn'. WASHINGrot'. SlJR'tt'f WAS CoNOvc"TW BY coNvENTlOtVJ.. FinD rRA~sE ),lifMOOS vSING A ~o 1C1ooo TOTAL STAl100 IN(Avr:Ilt$~ ~R AND ~!'.~~~. LEC""eAt "aLf!1(S puO<T""'O powE' ,.0 uCHl cO ",NO vTlllTY E~/.lENrs pucH s(l(JNO NA TloNAl BANK noNS. RESTRICTIONS 'fl" APproved ~or \ RecOfding ~k~J \ ~(;('~~16i1 . ~ )1)..1 \ '-~ \ \ 1 (AS! 29 fOU CA! ._ 30 (I 21. i"'OUN1Y.} ~1 aye rr 91"ASS 5/ll' pER R.O's. Ac(.O fES"RU/lR'l' .~y l.I~( ~OJlJst..t~t or tHE. pV. Tl\~ ,tt.Nt) sttAOn QOEs MOt Il'&SUff\C\'(t4'1 lOl ~E" ,u~ l\tQU\ItE\AtM1"S fOR. 'If\\)1~ ...~u ...._ 'S\'tES. ~~ "PPROV~l .I\\JOIiOR'S C(RilF\CAiE. ,1\.(0 '0' "",,". T""Lo., ",~."'" 'I"1HE"""<';''''.'~~ ,u""OIl'S"( ",. ~ C' ). '1 C\""",~..~ (.\..{ \~- ~"""':::::..~~ ~ - SIJR\I('(OR'S CER11f\CA iE ,.tB -47 ~ pUGE1 LANO SURVEYING, \NC oISilO CAP\10l 8lVO.. su\1( 0 1U"WATf:R. "'ASH1~G1O" 98501 (360) 754-2999 CoP""CHl ,99'. pUo<T LAND SURv<Y>NG. iNC. .u. RIGHTS RfSER~ JOB 197-019' In V.......LJMC. ,,' vr- ,JLJnVc.l,J, ,......."" "~ UI'lUc.n .....IJI.J'I,vn ~ 'LL ...... IJ'uoJ4.4.IJ.,..... EXCEPT THAT PORTION CONVEYEO TO THE CITY OF" YE:1JJ UNOfR AUDITOR'S FlLf No. 9.'01200.6. TOGeTHER IIITH TH...T CERT...,N fASE:MENT FOR INGRfSS. EGRESS, AND UTILITIES AS RECORDED UNDER AUDITOR'S FILE No. 9~12190120 SlTUA ~ IN THURSTON COUNTY. ST"'1< OF" W...SHINGTON. THIS DESCRIPTION IS FROM TR"'NSNA TlON TInE INSURANCE COI./P...NY ORDER No. BOJ617- I, 0"'1<0 J...NUARY 1. 1997 AT 5,00 "'101. urmJINAL I rcA~ I ~;;)J RECORDED EASEMENTS. A.F NUMBER 5207190069 B20719oo79 570~22D17J 57060SOO22 57060Soo2J 9Jloo~0010 9JI229ooSJ 9JI2JOOI7J 940~2001S5 9~I2190120 9504070190 9506210046 PURPOSE IN FAVOR OF UNDERGROUND ELECTRIC"'L F...OLlTlES PUGH SOUND PO~R "'NO LICHT CO. UNDERGROUND ELfCTRIC...L F...ClLlTlES PUGH SOUND PO~R "'NO LICHT CO PR/VA ~ ROADS "'ND UTILITY f...SE:..ENTS f"'SfMfNT PUGET SOUND NA TlON"'L BANK COVENANTS, CONOITIONS. RESTRICTIONS GAS PIPELlNf WASHINGTON N'" ruR"'L GAS ElECTRIC...L F...CILlTlES PUCET SOUND POWER AND LIGHT CO. EASE:MENTS. COVEN"'NTS, RESTRICTIONS, "'NO AGREEMENT INGRESS, EGRESS. PARKING, UTlUTlES KEY BANK OF WASHINGTON INGRESS, EGRESS, UTILITIES UNDERGROUNO UTILITY PUGH SOUND PO~R AND LlCHr CO. UTILITY fASfl./fNT CITY OF YEUl (; .... ., ., I 81~ ~l::: ~I:" a I~ I~ l227 J=7JT=1IiiOi) ROCKY PRAIRIE CORP , 7835 HWY 507 S( rEIu, WA 98591 :il TD5TH A ~ '" .. ~ a FOUND 15 RfBAR IIITH . C...P STAlH'ED KEYES ;('6210 r. .':' I--=-:: =- _~:: =-N_B;;o7;s. l! :: =- -:: :: =- -:: :: =-2~OdB-=---=- :: -;-OJ<-~ "'~UE S:::: =- -:: ::r:e... - - -:: - - ~ NORTHEAST SfCTI'" CORNER FOUND .If/B' REBAR _ _ _ _ _~_ _ _ _ .>1 - - 7iJ.7B JO 29 ~':/,Ng.pn;.U~TO::/~~:TY SR...SS "i'>/'''~ '"' ~ '"'' r ' ~ - , - I (7/B" SQUARE IRON BAR PER R.Q.S. VOL 21, PG. 172 30 .JO I I VOL 21. PG. 172 REPU.CED .....Y 19B7 (227l-D1-fD'D2) ~ I C227J-OI-JDJ,OO) BY COUNTY.) o R CAMERON 1.4. L COFF"fl T \ ..:... :...... ..... ...~ I 501 IOJrd AvE. 5E t I I YEW. WA 9~91 r -----' I I (2273-01-10101) I FiRST BAPTIST CHURCH 16415 10Jrd AVE". SE I m.~. WA. 98597 ~ J ,.- " NOT TO SCALE ~-2'9OO) MeAL EXANDER 805 'r'fUJ AV(. S! YEt"', WA 98597 L IN[ TABLE NO BEARING - -- L 1 N JB 43 46" L L2 N J8 ~J ~6- E U S ~I 16 1~ E L~ S 51 16 I~. E L5 N 3B ~J ~6" E L6 5 3B ~J ~6' II' L 7 S 5r J6 '4 f DISTAi'K:f 6 2B 5 SO J~ 02 15 00 ~ 50 16 DO 27 30 CURVE TABLE NO on T'" RADIUS LENGTH - ---- -- ---- CI 37 49 ~J" 150 00 99 O~ C2 35 20 'OB- 120 00 H 01 ct....;:tiI,,~........ " ... !irr,~.. "~... i'l '0:'. '''.' :<=, ._. h . .' .' ,-;. ~~ .;1,' \, .t/ ~I I@ -I ~I'" c '" ,. ~ ~ ~I I I I (2il:f.~-6I=lOfO.n ROCI('!" PRAIRIE CORP f 7835 HWI' SOl Sf Y'fL"'. WA 98597 I : J+O) I I I I I I I I J I I :"1 FlI~ .. c lOll,/') ~I~ SCALE. 1'~120 FEET 10...- I o 60 120 240 B...SIS OF BEARING, SURVE:Y AS RECORDED IN vOW"E 2' OF SURVEYS "'T PAGE: 172, ReCORDS OF mURSTON COUNTY, W"'SHINGTON. SURVEY WAS CONDUCTED BY CONVE:N nONAl. FIELD TR... VERSE ..D/IOOS USING A IlILD TCIOOO TOTAl. STATION r-APproved for Recording i ild.0kJ I ! ~ C.~~~lql ' I .. .)12.1 .! I i City of'Yel~ EAST OUM1<R CORNER FOUND THURS TON COON fY BRA S5 CAP GP.5 1-788. lO/lS/94 0" SQUME IRON BAR PER H.O) \lel{. 21 PC 172 RrPL ~CfD r(BR~J.4.Rr I I CONDITIONS or APPROVAl APPROVAL I I HEREBY CERTIfY THAT THIS BOUNe ~8:~~N W~ol~l~~u':r.::J.i1 CREATE ANY NEW LOTS CONTAINING I AIlO DlwENSION TO wEET THE wlNlw Ynf:;:;i ~;:: SITE1 PLANNING llV'AIl WEHT' AUDITOR'S CEI' ~ I FILED FOR RECORD IHIS~OAY Ofl AT mE REQUEST OF""~ AUDITOR'S HE No. ~I 0) I ) v-- K.<.,.c> ~ (I THUIISTOH COUNTY AUOITO I I SURVEYOR'S C THIS ..AP A SURVEY ~YT~I~~TI AT THE R~ GRAwOR 01 IN IlARCH. PUGET LAND 4800 CAPITOL LEGAL DESCRIPTIONS OF PARCELS Parcel A ofBLA No. described as follows. That part of the northeast quarter of Section 30, Township 17 North, Range 2 East W.M., delineated as parcels A and C of survey recorded in Volume 21 of Surveys, Page 172 under I Auditor's file No. 8705220173 Together with that certain easement for ingress, egress and utilities as recorded under Auditor's File No. 9412190120 EXCEPTING THEREFROM that portion conveyed to the City of Yelm under Auditor's File No 9410120046. ALSO EXCEPTING THEREFROM that portion of said Parcel A described as follows: Beginning at a point on the northwesterly line of said Parcel A, which bears N 38043'46" E, 1600 feet from the most westerly comer said parcel; thence N 38043'46" E 172.0] feet; thence S 510]6'14" E 171.99 feet; thence S 38043'46" W 176.5] feet to the northerly right-of-way ofSR 507 per AF No. 9410120046, thence along said right-of-way, N 51016'14" W 39.81 feet, N 48048'50" W 104.99 feet and N 51016'14" W 27.30 to the Point of Beginning. Parcel B of BLA No. described as follows: A portion of that part of the northeast quarter of Section 30, Township 17 North, Range 2 East W.M., delineated as parcel A of survey recorded in Volume 21 of Surveys, Page 172 under Auditor's file No. 8705220173 described as follows: Beginning at a point on the northwesterly line of said Parcel A, which bears N 38043'46" E, 1600 feet from the most westerly comer said parcel; thence N 38043'46" E 172.Ql feet; thence S 51016'14" E ]71.99 feet; thence S 38043'46" W 176.51 feet to the northerly right-of-way ofSR 507 per AF No. 9410120046; thence along said right-of-way, N 51016'14" W 39.81 feet, N 48048'50" W ]04.99 feet and N 51016'14" W 27.30 to the Point of Beginning. Together with that certain easement for ingress, egress and utilities as recorded under Auditor's File No. 9412190120 EXCEPTING THEREFROM that portion conveyed to the City ofYelm under Auditor's File No 9410120046 I hereby certify that the above legal descriptions are accurate and in compliance with the Subdivision Code. Said descriptions are based upon a recorded survey /4,ft day of jA/)J>/':H ,19 q7 FOR AUDITOR'S USE ONLY 1 /11111 11]11 1111 111111 1111I11 1I11 111111 III 11111 Illl 1111 CITY or YElM DEe $11 ~s 3081875 Pa9~ 4 of 4 S4/e3197 12 :5SP Thurst on Co / fiR .............. I!x ~ ~09- CeY '\ ' rf::- cy <Q: .# ~~ '~ DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS; That we the underlllgned having a real Interest In the tract of IlInd descrlbed by tile declaration: and do herebY declara the herein deealbed adjustment of land certifled as BOundary LIne Adjustment Number BIP.978188YL . on the 27th dCl)'of March . 19R. by the Planning Department. subject to the following oovenants and condlttcns: 1 That all subsequent deeds will contaln llfO\IIalcna for private roads In the manner described herein. 2. That an maintenance of any private road described by this declaration shall be by the owners of the parcels hllVlng legal access therefrvm or their helll. ."Igns, or successors, unless and untllsuch roads are Improved to tha aubdlvlslon standards and dedicated to and accepted by the approprtate governmental jurlsdlcllon. 3. That any private road win be eubject to the further right of the grantor or his successor and of any leIephone. electrlc, gas. water, or sewer oompany, publIc or private, 10 lay or causa to be laid and the right of Ingre.. or egre.. for the purpose of maIntainIng telephone, electric, gll, water or sewer pipet, mslns. or conduits across a desCl1bed portion of IUCh road. 4. That with reaped to any private road described by this declaration whether It remains private or becomes a dedicated road, there Is the adcllllonal right to make all necessazy slopes for cuts and fills; and tha rights to continue to dl1lln uk! roads and ways over and aaoss any lot or lots where the water might take a natural course upon l'll8SOOllble grading pursuant to Improvement for dedication of the roads and ways shown herein. FolloWIng reasonable grading pUlluant 10 Improvement for dedication of the roads and ways shown herein. no drainage waters on any lot or lots shall be diverted or blocked from their naturel course so as 10 dlscharge upon any public road rights-of-way or to hamper proper road drainage. 5. That the adjusted legal description of 8ath of the tracts being adjusted Is allached hereto end incorporated by referenoe as though fully set out herein. 6. 'fhal addlt10nal covenant, easements. restrictions, If any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such pellOnS, are atta<:hed hSl1Ito either 8S exhibits N / A or as previously recorded under Auditor's FIle Number and incorporated by I1lference sa though fully set our herein. That these covenants ant for the mutual benefit of the grantor and his heirs, suocesaors and assigns and are for the further purpose of compliance with the I1Isolullona and regulations of the approprlal8locat govemmenlBl jurtsdlctlon. and tile local government and such persons al1l speclflcatly given the r1ghllo enforce these reatrlcllons and reservations by lnjuncllon or other lawful procedure and to I1ICOVG/' 8rrJ damages resullIng from such vIoIalion. DATED tills 27th day of March PARTNERSHIP Grantor N W , Inc , Grantor Grantor GIlU1lor \ 11111111111111111111111111111111111111111111\111111111 CITY OF' VELM OEe $11 ~~ 3081875 Pag~ 2 of 4 S4/83/97 12;5SP Thl.ll'slon Co, ~A .__._...._. ~_ .-<IIi o ISSUED By TRANSNATION Tm.E INSURANCE COMPANY GUARANTEE Transnation GUARANTEE NUMBER Mlb-0029tt3 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LlABllJTY AND OTHER PROVISIONS OF THE CONDmONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF TIllS GUARANTEE, AND SUBJECT TO THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MAlTER SHOWN THEREIN, TRANSNATION TITLE INSURANCE COMPANY a corporation, herein caIIed the Company GUARANTEES the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A which the Assured shall sustain by reason of any incorrectness in the assurances set forth in Schedule A. IN WITNESS WHEREOF, TRANSNATION TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by Its duly authorized officers, the Guarantee to become valId when countersIgned on Schedule A by an authorized officer or agent of the Company TRANSNATION TITLE INSURANCE COMPANY Attest. J-u jfJ 'r:! By- ~P,-"'d"" CL TA Guarantee Face Page (Rev 12/94) Form 1025-10 ORIGINAL TRANSNATION TITLE INSURANCE COMPANY 2625 MARTIN WAY OLYMPIA, WASHINGTON 98506 Prepared for Gramor Development NW, Inc. 1133 164th Street SW #107 Lynnwood, WA 98037 Attn: Richard UPDATED SCHEDULE A Subdivision Guarantee Order No 803677-1 Liability $250 00 $250 00 $20.00 $270 00 Customer No. Premium Tax Total 1. Name of Assured Gramor Development NW, Inc 2 Date of Guarantee October 9, 1997 at 8 00 A M THE ASSURANCES REFERRED TO ON THE FACE PAGE HEREOF ARE That according to those public records which, under the recording laws, impart constructive notice of matters affecting title to the following described land See ilLEGAL DESCRIPTION II The estate or interest in the land which is covered by this guarantee is Fee Simple as to Parcel A and easement as to Parcel B Title to the estate or interest in the land is vested in NISQUALLY PLAZA LIMITED PARTNERSHIP, A WASHINGTON LIMITED PARTNERSHIP subject to the Exceptions shown below, which are not necessarily shown in order of their priority. Order No 803677-1 EXCEPTIONS 1. Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on land or by the public records 2 (a) Unpatented mining claims, (b) reservations or exceptions in Patents or in Acts authorizing the issuance thereof, (c) Indian treaty or aboriginal rights, including, but not limited to, easements or equitable servitudes, or, (d) water rights, claims or title to water, whether or not the matters excepted under (a), (b), (c), or (d) are shown by the public records 3. Title to any property beyond the lines of the land expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which said land abuts, or the right to maintain 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 the land described herein 4 General Taxes, as follows, together with interest, penalty and statutory foreclosure costs, if any, after delinquency (1st half delinquent on May 1, 2nd half delinquent on November 1) Tax Account No. Year Amount Billed Amount Paid Principal Balance 22730110200 1997 $76,241 54 $38,120 77 $38,120 77 TCA 170 5 Declaration of covenants and the terms and conditions thereof, regarding on-site sewage disposal system as disclosed by instrument recorded under Recording No 8205190002 (Affects a portion of said premises) 6 UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PURPOSE AREA AFFECTED DATED RECORDED RECORDING NO Puget Sound Power and Light Company Underground electric system Portion of said premises July 2, 1982 July 19, 1982 8207190069 Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system 2 EXCEPTIONS (continued) Order No 803677-1 7 UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PURPOSE AREA AFFECTED- DATED RECORDED RECORDING NO puget Sound Power and Light Company Underground electric system Portion of said premises July 12, 1982 July 19, 1982 8207190079 Contains covenant prohibiting structures over said easement or other activity which might endanger the underground system 8 MATTERS SET FORTH BY SURVEY RECORDED RECORDING NO DISCLOSES May 22, 1987 8705220173 Private roads and utility easements 9 Covenants, conditions and restrictions imposed by instrument recorded on June 5, 1987, under Recording No 8706050023 10 EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE AREA AFFECTED RECORDED RECORDING NO puget Sound National Bank Portion of said premises June 5, 1987 8706050022 11 Protective Covenant imposed by instrument recorded on November 28, 1990, under Recording No 9011280062 (Affects Parcel A of Survey) 12 MEMORANDUM OF LEASE LESSEE Nisqually Plaza Limited Partnership, a Washington Limited Partnership Associated Grocers, Incorporated, a Washington Corporation June 11, 1993 August 17, 1993 9308170106 LESSOR- DATED RECORDED RECORDING NO 13 EASEMENT AND THE TERMS AND CONDITIONS THEREOF DISCLOSED BY Document recorded October 4, 1993 under Recording No 9310040010 Easement Portion of said premises PURPOSE AREA AFFECTED 3 EXCEPTIONS {continued} Order No 803677-1 14. EASEMENT AND THE TERMS AND CONDITIONS THEREOF DATED RECORDED RECORDING NO puget Sound Power and Light Company Construct, operate, maintain, repair, replace and enlarge one or more electric transmission and/or distribution lines over and/or under the Right-of-Way together with all necessary or convenient appurtenances The Northeast Quarter of Section 30, Township 17 North, Range 2 East, W.M December 13, 1993 December 29, 1993 9312290053 GRANTEE PURPOSE. AREA AFFECTED 15. LEASE AND THE TERMS AND CONDITIONS THEREOF LESSEE' Nisqually Plaza Limited Partnership, a limited partnership Sonrise Management, Inc , dba Burger King 20 years Date of Commencement October 26, 1993 December 29, 1993 9312290407 LESSOR FOR A TERM OF FROM DATED RECORDED RECORDING NO 16 Declaration of easements, covenants and restrictions and agreement for Nisqually Plaza Shopping Center imposed by instrument recorded on December 30, 1993 under Recording No 9312300173 17 MEMORANDUM OF LEASE LESSOR LESSEE: DATED' RECORDED RECORDING NO . Nisqually Plaza Limited Partnership Pay Less Drug Stores Northwest, Inc , a Maryland Corporati~n November 22, 1993 December 30, 1993 9312300174 4 EXCEPTIONS (continued) Order No 803677-1 18 FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED. RECORDING NO MetLife Capital Corporation Sonrise Management, Inc Personal property and fixtures located on the property herein described April 20, 1994 9404200354 SECURED PARTY DEBTOR COVERS Affects Lessee's interest only 19. EASEMENT AND THE TERMS AND CONDITIONS THEREOF PURPOSE Nisqually Plaza Limited Partnership, a Washington Limited Partnership Key Bank of Washington, a Washington Corporation Ingress, egress, parking and utilities March 28, 1994 May 20, 1994 9405200158 BETWEEN AND, DATED. RECORDED RECORDING NO 20 EASEMENT AND THE TERMS AND CONDITIONS THEREOF DISCLOSED BY PURPOSE 9412190120 Easement for ingress, egress and utilities Property herein described and other property AREA AFFECTED 21 DEED OF TRUST AND THE TERMS AND CONDITIONS THEREOF TRUSTEE Nisqually Plaza Limited Part:p.ership, a Washington Limited Partnership Transamerica Title Insurance Company GRANTOR BENEFICIARY ORIGINAL AMOUNT DATED RECORDED RECORDING NO Protective Life Insurance $6,700,000 00 December 21, 1994 December 27, 1994 9412270107 5 EXCEPTIONS (continued) Order No 803677-1 ASSIGNMENT OF THE DEED OF TRUST RECORDED RECORDING NO State Street Bank and Trust Company, a banking corporation chartered under the laws of the Commonwealth of Massachusetts, as Trustee for the registered holders of GS Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 1996-PL May 21, 1996 3030921 ASSIGNEE 22 ASSIGNMENT OF RENTS AND LEASES AND THE TERMS AND CONDITIONS THEREOF ASSIGNOR Nisqually Plaza Limited Partnership, a Washington Limited Partnership ASSIGNEE. Protective Life Insurance Company RECORDED: December 27, 1994 RECORDING NO 9412270108 23 FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF SECURED PARTY DEBTOR COVERS Protective Life Insurance Company Nisqually Plaza Limited Partnership Personal property and fixtures located on the property herein described December 27, 1994 9412270109 RECORDED RECORDING NO The financing statement was assigned Recorded Recording No State Street Bank and Trust Company, a banking corporation chartered under the laws of the commonwealth of Massachusetts, as Trustee for the registered holders of GS Mortgage Securities Corporation II, Commercial Mortgage Pass-Through Certificates, Series 1996-PL May 22, 1996 3031056 Assignee 24. SUBORDINATION, ATTORNMENT AND NONDISTURBANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN AND RECORDED RECORDING NO . Associated Grocers, Incorporated Protective Life Insurance Company December 27, 1994 9412270110 6 EXCEPTIONS (continued) Order No 803677-1 25 SUBORDINATION, ATTORNMENT AND NONDISTURBANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN AND. RECORDED RECORDING NO. Sonrise Management, Inc I dba Burger King Protective Life Insurance Company December 27, 1994 9412270111 26. SUBORDINATION, NONDISTURBANCE AND ATTORNMENT AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN Pay Less Drug Stores Northwest, Inc I a Maryland Corporation Nisqually Plaza Limited Partnership, a Washington partnership November 7, 1994 December 28, 1994 9412280334 AND DATED RECORDED' RECORDING NO 27. SUBORDINATION, ATTORNMENT AND NONDISTURBANCE AGREEMENT AND THE TERMS AND CONDITIONS THEREOF RECORDED RECORDING NO REGARDING: March 7, 1995 9503070098 A lease dated December 21, 1974 28 UNDERGROUND UTILITY EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE puget Sound Power and Light Company, a Washington corporation Construct, operate, maintain, repair, replace and enlarge an underground electric transmission and/or distribution system A portion of said premises April 7, 1995 9504070190 PURPOSE AREA AFFECTED RECORDED RECORDING NO. 29. FINANCING STATEMENT AND THE TERMS AND CONDITIONS THEREOF SECURED PARTY DEBTOR COVERS Key Bank of Washington puget Sound Investment of Washington, Inc , doing business as Subway Personal property and fixtures located on the herein described property May 17, 1995 9505170131 RECORDED RECORDING NO. 7 EXCEPTIONS {continued} Order No 803677-1 30. EASEMENT AND THE TERMS AND CONDITIONS THEREOF GRANTEE PURPOSE: AREA AFFECTED RECORDED- RECORDING NO. City of Yelm Utility easement A portion of said premises June 21, 1995 9506210046 31 Unrecorded leaseholds, if any, rights of vendors and holders of security interests on personal property installed upon the land, and rights of tenants to remove trade fixtures at the expiration of the term NOTE 1: There may be Uniform Commercial Code (UCC) Security interests filed with the Department of Licensing in Olympia, affecting personal property, crops or agricultural facilities which are not covered by the policy to issue END OF EXCEPTIONS Investigation should be made to determine if there are any service, installation, maintenance or construction charges for sewer, water, electricity or garbage collection or disposal or other utilities In the event this transaction fails to close, a cancellation fee will be charged for services rendered in accordance with our rate schedule tb 8 Order No. 803677-1 LEGAL DESCRIPTION PARCEL A. THAT PART OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W M , DELINEATED AS PARCELS A AND C OF SURVEY RECORDED IN VOLUME 21 OF SURVEYS, PAGE 172, UNDER AUDITOR'S FILE NO 8705220173; EXCEPT THAT PORTION CONVEYED TO THE CITY OF YELM UNDER AUDITOR'S FILE NO 9410120046. PARCEL B. THAT CERTAIN EASEMENT FOR INGRESS, EGRESS AND UTILITIES AS RECORDED UNDER AUDITOR'S FILE NO. 9412190120 SITUATE IN THURSTON COUNTY, STATE OF WASHINGTON 9 GUARANTEE CONDITIONS AND STIPULATIONS 1. DEFlNmON OF TERMS The following terms when used in the Guarantee mean: (8) 'the Assured". the party or parties n~ed. as th~ A;sured in this Guarantee. or on a supplemental writing executed by the Company (b) 'land": the land described or referred to in Schedule fA) or in Part 2, and improvements affixed thereto which by law constitute real property The term 'land" does not include any property beyond the lines of the area described or referred to in Schedule tA) or in Pan 2. nor any right. title. interest. estate or easement in abutting streets, roads. avenues, alleys. lanes, ways or waterways. (c) 'mortgage": mortgage, deed of trust, trust deed, or other security instrument. (d) 'public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real propeny to purchasers for value and without knowledge. (e) 'date": the effective date. EXCLUSIONS FROM COVERAGE OF THIS GUARANTEE The Company assumes no liability for loss or damage by reason of the following: (a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records. (b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in ActS authorizing the issuance thereof; (3) water rights, claims or title to water: whether or not the matters excluded by (1), (2) or (3) are shown by the public records. lC) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A) or in part 2 of this Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or any other structure or improvement; or any rights or easements therein unless such propeny rights or easements are expressly and specifiCally set forth in said description. (d) (I) Defects, liens, encumbrances or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2) Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records. and which are created, suffered, assumed or agreed to by one or more of the Assureds; (b) whicb result in no loss to the Assured; or (c) which do not result in tbe invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. I. NOTICE OF CLAIM TO BE GIVEN BY ASSURED CLAIMANT An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured hereunder )f any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and wbich might :ause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not >e given to the Company then all liability of the Company shall terminate with regard to the matter or matters for Nhich prompt notice is required; provided, however that failure to notify the Company shall in no case prejudice the ights of any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to 'he extent of the prejudice. a. NO DUTY TO DEFEND OR PROSECUTE The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party 10lwithstanding the nature of any allegation in such action or proceeding. 5. COMPANY'S OPTION TO DEFEND OR PROSECUTE ACflONS: DIJTY OF .-\SSURED CLAIMANT TO COOPERATE Even though the Company has no duty to defend or prosecute as set fonh in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceed- ing, interpose a defense, as limited in (b), or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the As- sured. or to prevent or reduce loss or damage to the Assured. The Comp81fy may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this para- graph, it shall do so diligently (b) If the Company elects to exercise its options as stated in Paragraph Sea) the Company shall have the right to select counsel of its choice (subject to the right of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this Guarantee. (c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any litigation to final determination by a court of competent juris- diction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgment or order (d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its option, the name of such Assured for this purpose. Whenever requested by the Company an Assured. at the Company's ex- pense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining wit- nesses, prosecuting or defending the action or lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the o\ssured under the Guarantee shall terminate. 6. PROOF OF LOSS OR DAMAGE. In addition (0 and after the notices required under Section J of these Conditions and Stipulations have been provid. ed to the Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall ascenain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the Assured to provide the required proof of JOss or damage, tbe Company's obligation to such As. sured under the Guarantee shall terminate. In addition, the Assured may reasonably be required to submit to examina- tion under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company. all records, books. ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Funher, if requested by any authorized representative of the Company the Assured shall grant its permission. in writing, for any authorized representative of the Company to examine. InspecT. and copy a11 records, books, ledgers. checks, correspondence and memoranda in the custody or control of a third pany which reasonably pertain to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasona. hie judgment of the Company it is necessary in the administration of the claim. Failure of the Assured to submit for examination under oath. produce other reasonably requested information or grant permission to secure reasonably necessary information from third panics as required in the above paragraph, unless prohibited by law or governmental regula- tion, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS: TERMINATION OF LIABILITY In oue of a claim under this Guarantee, the Company shall have the following additional options: (a) To Payor Tender Payment of the Amount of Liability or to Purchase the Indebtedness. The Company shall have the option to payor settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount . of this Guarantee or, if this Guarantee is issued for tbe benefit of a holder of a mortPle or a lienholder. the Company shall have the option to purchase the indebtedness secUred by said mortgqe or said lien for the amount owing thereon, together with any COSU, reasonable attorneys' fees and expenses incurred by the Assured. claim- ant which were authorized by the Company up to the time of purchase. Such purchase, payment or tcoder of payment of the full amount of the Guarantee shall terminate all lia- bility of the Company hereunder. In the event after notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, tbe owner of such indebtedness sball transfer and assign said indebtedness. together with any ooUateral security to the Company upon payment of the purchase price. Upon the exercise by the Company of the option provided. for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the claimed loss or damage, other tban to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any liti- gation for which the Company has exercised its options under Paragraph S, and the Guarantee shall be surren. dered to the Company for cancellation. (b) To Payor Other'A'jse Settle With Panies Other Than the Assured. or With the Assured Claimant. To payor otherwise setde witb other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any casu. attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company is obligat- ed to pay Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the claimed. loss or damage. other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any liti- gation for which the Company has exercised its options under Paragraph S. I. DETERMINATION AND EXTENT OF LIABILITY This Guarantee is a contract of indemnity against actual monetary loss or damale sustained or incurred. by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set fonh in this Guarantee and only to the cttent herein described.. and subject to tbe exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured sball not exceed the least of: (a) the amount of liability stated in Scbedule A; (b) The amount of tbe unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these Conditions and Stipulations or as reduced under Section 10 of these Con- ditions and Stipulations, at the time the loss or damage assured against by this Guarantee occurs, together with interest thereon; or (c) the difference between the value of tbe estate or interest covered hereby as stated herein and the value of tbe estate or interest subject to any defect. lien or encumbrance assured against by this Guarantee. 9. LIMITATION OF LIABILITY (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent. the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom. adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the prior written consent of the Company 10. REDUCflON OF LIABILITY OR TERMINATION OF LIABILITY All payments under this Guarantcc, except payments made for cOSts, attorneys' fees and expenses pursuant to para- graph S shall reduce the amount of liability pro tanto. 11. PAYMENT OF LOSS (a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case P"t:Of of loss or destruction shall be furnished to the satisfaction of the Company (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the (oss or, damage shall be payable within thirty (30) days thereafter 12. SUBROGATION UPON PAYMENT OR SETTLEMENT Whenever the Company shall have settled and paid a claim under this Guarantee, all right of subrogation shall vest in the Company unaffected by any act of the Assured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect to the claim had this Guarantee not be issued. If requested by the Company the Assured shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to use the name of the Assured in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully.cover the loss of the Assured the Company shall be subrosated to all rights and remedies of the -\ssured after the o\ssured shall have recovered its principal. interest, and costs of coUecrion. 13. ARBITRATION Unless prohibited by applicable law either the Company or the o\ssured may demand arbitration pursuant to the Title Insurance o\rbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the Assured arising out of or relating to this Guaran. tee, any service of the Company in connection witb its issuance or the breach of a Guarantee provision or other obliga- tion. All arbitrable matters when the Amount of Liability is Sl,OOO,OOO or less shall be arbitrated at the option of either the Company or the Assured. All arbitrable matters when the amount of liability is in excess of S 1,000.000 shall be arbitrated only when agreed to by both the Company and the Assured. The Rules in effect at Date of Guarantee shallbe binding upon the panies. The award may include attorneys' fees only if the laws of the state in which the land is located permits a court to award attorneys' fees to a prevailing party Judgment upon the award rendered by the Ar- bitrator(s) may be entered in any coun having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 14. LIABILITY LIMITED TO THIS GUARANTEE; GUARANTEE ENTIRE CONTRACT (a) This Guarantee together with all endorsements, if any attached hereto by the Company is the entire Guarantee and contract between the Assured and the Company. In interpreting any provision of this Guarantee. this Guaran. tee shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence. or any action asserting such claim, shall be restricted to this Guarantee. ... (c) No amendment of or endorsement to this Guarantee can be made e){cept by a writing endorsed hereon or at- tached hereto signed by either the President. a Vice President, the Sel.:rc:tary an Assistant Secretary or validat. ing officer or authorized signatory of the Company 15. NOTICES. WHERE SENT All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to TRANSNATION TITLE INSURANCE COMPANY. 1700 Market Street. Philadelphia. PA 19103.3990. IN WITNESS WHEREOF, TRANSNATION TITI...E INSURANCE COMPANY has caused Its corporate name and seal to be hereunto affixed by its duly authOrIzed officers, the PolIcy to become valId when countersigned by an authorized officer or agent of the Company TRANSNATION TITLE INSURANCE COMPANY Attest. ~;JJIr:~ CL T A Guarantee Conditions and Stipulations Form 2015-7 (Rev 6-6-92) By' ORIGINAL ~~ 4Ab~S - ~Zi/lf [l,~W~~ @[? u~&OO@rMJOW&[1, lliiRAMDR DEVELOPMENT, ING. 1133 164th St. S W , Suite 107 Lynnwood, WA 98037-8121 (206) 742-0520 FAX (206) 742-5553 TO' fffh ~ f(kt O.~ 4 g ~dlYl)M qeoql DATE ATTN: JOB NO' PROJECT' -;J,~~1! t1 '7/~ 1i:t~~ WE ARE SENDING YOU ~tached 0 Under separate cover o Shop Drawings JXerints 0 Samples 0 Specifications o Copy of Letter the following items: o Change Order COPIES DATED DESCRIPTION THESE ARE TRANSMITTED as checked below' o For approval ~For your use X:-S requested o o Approved as submitted o Approved as noted o Returned for corrections o For review and comment o Resubmit _ copies for approval o Submit _ copies for distribution o Return corrected printed FOR BIDS DUE 19_ o PRINTS RETURNED AFTER LOAN TO US REMARKS GRAMOR DEVELOPMENT, INC. BY'~ ~ _, RLS & ASSOCIATES POBox 1607 OLYMPIA, WA 98507-1607 [1~1J1J~W @[? 1JW&~~UYAJ01J1J&[1 JOB NOq 1--/'23 TO (360) 753-6296 FAX (360) 786-8560 C\--li Ot== 'tE::;.L-W\ \ o.s -46t..vV\ AVE we;-r ~C>. ~o,<. cJff"9 "l6uAA vJA- 99&;97 / RE. D Shop drawings D Copy of letter ~ttached D Under separate cover via ~nts D Plans D Samples D Change order ~ ~ J..!cr(ec;:::> the following items WE ARE SENDING YOU > D Specifications COPIES DATE NO DESCRIPTION 10 I ~J-foIZ.-r <; () 13 THESE ARE TRANSMITTED as checked below' D For your use D Approved as submitted D Approved as noted D Resubmit copies for approval D For approval D Submit copies for distribution D As requested D Returned for corrections D Return corrected prints > D For review and comment D D FOR BIDS DUE 19 D PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO hL-€- SIGNED ~ If enclosures are not as noted, kindly notify us at once. CITY OF YELM PO Box 479 PA\D Yelm WA 98597 JAN 08 19 360-45S..3244.A '\ r c.rr'{ '~Ji~ 1 APPLICATION FOR SHORT PLAT Fee: $250,00 + $50.00 per lot (In addition, any professional service charges per Resolution #358) ,:tJ; "7c:;5~ OFR~ USE O~Y Fee- rf5~ Date Received I ~ ?j. c~ h~~ FRe~ ;~~()VL- A short plat Is a request to subdMde property Into nine (9) or fewer lots for the purpose of residential, commerclal, or Industrial development. No more than nine (9) lots may be created by short platting within any five-year period. A short plat Is reviewed by the CIty's staff for conformance with City subdivision standards and other regulations. The plat cannot be approved unless appropriate provisions have been made for public facilities I such as roads I sewer and water. A survey Is required for the final short plat. Preliminary and final review will usually each take about 30 days. Unless appealed, the City Planner's decision Is final. NAME OF PROJECT t---l \ -?&>UA-L \,...1 PI- J>. ~ APPUCANT /~~~ ~~l-~e..NT"tJ...w. l..r.~c......, MaRfngAddress ::f?- ~ ~.:;.~ ~ 10. City, State and Zip _ L ~t-.J_'" \;:>. i.- ~ . Telephone @-~ -,,:z. s. . . ... . OWNER NI~\>A.-'-4.-i PL-~ Mailing Address \ \ -:;? - \~~~ ~l ~., ~u ~ TE:-. Clty, State and Zip Ll.4 ~ ~oct:> { IN eo~ -, ... Telephone @-2 5) t ....0 S'"u::> \0. ~~I~~:'~~CIRTECTI01HER ~=-~'::r~:~~- ~p ~oe-~ Clty, State and Zip M ... o. I /s;() . . Telephone C:~) ....,15~~tD't-'7(o .. . . SUM.MARYOFREQUEST -?uebt\lI.t:>~ ,A......J U~t:>~"~L-~;J:2 ~~"'1"1~ ~ ~ E:..'l(\-;;.TIN.& t-.l..'~GIJ~L.l-'1 :PL.A-~~ . A~!) A L.L..o(:...A...~ .~ ~\l~Lgel:::> . 12-1' 01-4 . I .. ~ ~ S~. ~~ L-06rl Gb..L- ~~ -PA~-L-~ (A:s l2E.\-A-~S ,'1P .~ ~..x.\~-r'N&- ~ uc ~ PROPERTY DESCRlPnON General Location ~~&.-n\- ~ Hw'-t. \oe;, 'aoG.-("w6EJ.l \ O~~ ~1Jf: Nk> ~s 'Zc> , ~ Site Address Land Area (acres) . I t..j. _15~, . Section -00 Township 17..1. Range .ze.. Assessor's Tax Parcel Number ez.1$Ollo>~' Z-'Z7~ol.z\ S(;)O Full legal descrl tlon of subject pro rty (attach separatl!..s~et If nscessa ) ::;;;.-L- q "'t....... r.. . .' o..:.......~..~'..... .. i affirm U lat all answers, statements and Informet!on contained In and submitted with this aDDllcation are complete and aecura the best of my knowledge. I also affirm that I am the owner of the subject site or am duly auth ed b}l he owner to. act with respect to this application. Further, I grant permission from t owne 0 any and all employees and representatives of the City of Yelm and other governmental encle enter upon 8 Inspect said property as reasonably necessary to process this appllcallo . as to pay aU f the ly which apply to th~cauon. Signed 'Data /'l:f1i'f'i . ~,~~:: "lr;1' ,.,....... .... , " .. PLEASE ANSWER THE FOLLOWING QUESTIONS ATTACH EXTRA PAGES IF NECESSARY 1 Do the subdivision's lot sizes, proposed use, etc., conform with the zoning of the property? Please explain. thlS tlme the lot would meet the No proposed use at - new zoninq standards; any develop~~rr~ would conform to applicable zonlnq conditions. . 2. Are any provisions proposed to minimize conflicts with neighborln~ land uses? Describe. _ Not applicable - appllcant is its own nelghbor; no development plans proposed at this time. ""! ,.....l..........-r-.. 3. Is the site within 300 feet of any -critical areas. such as wetlands or streams? No . 4 What provisions will be made for water supply? - Existing city water available I'" '. . 0<:- 5 What provisions will be made for sewage? site City sewer lS available to , 6. What provisions will be made for storm water and/or flood control? Any improvements to property requirinq construction permits will include storm system desiqned to City criteria ,.' > ~ . . 7 What prQvisions will be l11ade for streets, acces~ and/or buses? Slte lS bordered by both publlC and prlvate streets , , , . d .....!,.....,.;. , n. 8. What provisio'1s"lf any~ Will be made for open space and/or recreation? None at tnls -Clme (Commer<;:la,l z.one property) 9 What provisions will be made for schools and school children? None at this tlme (commercial zone property) .. <, ATTACHMENTS: f/1116 (., ~ * Environmental Checklist (including $150.00 fee), for plats of fcLu:.t4rbr mo e lots. . Transportation Impact Analysis (If applicable.) . Mall labels (8 % x 11 she~t) of Pr~perty Owners within 300 feet (include Assessors Tax Parcel numbers and map.) * 8 Yz X 11 vicinity map showing. nearby property, ~tr.eets, land uses, streams and other features. . Map showing location and size of water mains I sewer, storm water facilities and other utilities and points of connection to existing systems. . Preliminary Storm water Report and conceptual drawing. . Copy of any covenants or restrictions that will apply . Grading plan for cuts and fills over 100 cubic yards. . T&n-copies'of preiirninary piat drawlng(s), p'er YMC Section 16.12.030, not larger than 18"X24" See attached checklist for required features and information. * A reduced size copy of the plat not larger than 11 "X 17". . Tree and Vegetation Preservation Plan, per section 14.16.110. -.' "oo"....... '\.,,~r-.......- '7l:"-"~ ..,. ., ""';~'" ;;-,,~;t LIT',;;,; On10!\:1\.L 1-" , I" " I 1 ',"1 1\11...)1 \ "''''''\' 'r.' -- 93 Do lPS(o DECLARATION OF EASEMENTS, COVENANTS AND RESTRICTIONS AND AGREEMENT FOR NISQUALLY PLAZA SHOPPING CENTER THIS DECLARATION of Easements, Covenants and Restrictions and Agreement (hereinafter referred to as the "Declaration") is made, granted, declared, established and reserved this "WPday of NCl\le.~bc:...... ,1993, by NISQUALLY PLAZA LIMITED PARTNERSHIP, a Washington limited partnership ("Declarant"). RECITALS: A. Declarant owns the real property described in the attached Exhibit A (the "Land") and depicted on the survey map attached as Exhibit A-1. The Land, together with any improvements located on it from time to time, is hereafter referred to as the "Shopping Center." It is the intent of the Declarant that the Shopping Center be developed as a retail shopping center generally consistent with the Site Plan attached as Exhibit B. B. Declarant intends to construct or remodel various buildings at the Shopping Center and lease them to tenants for use subject to this Declaration. Declarant may also develop and lease or subdivide and sell those parcels of land in the Shopping Center, described as "Parcell," "Parcel 2" and "Parcel 3" on the survey map attached as Exhibit A-1 to third persons for use and development subject to this Declaration. C. Associated Grocers, Incorporated ("AG") is the long-term lessee of the premises depicted as the "New Food Market" on Exhibit A-1, attached hereto and made a part hereof (said premises being hereafter referred to as the "Food Market Premises"); and D. Pay Less Drug Stores Northwest, Inc. ("Pay Less") is the intended long-term lessee of the premises depicted as the "Proposed Drug Store" on Exhibit A-1, attached hereto and made a part hereof (said premises being hereinafter referred to as the "Drug Store Premises") i and E. Declarant desires to declare and establish certain easements, covenants, restrictions, rights and obligations with P.eal Estate sales tax paid (\0 V\.t , r ,2/\ cr:J Eecmpi no nu Y\.Q Date \,Q :::u - - ') './0 ~, 2. 2. 1 C ::':. =.::. 4- ~ ['1:il,;haetJf]..1urphy, 'T'h1.U'ston Co. ,TraM - i 1 =- Jo: 9.::: 1 .2':=: Ci C~ 1 -;"' :;:: 'P'r -MLIJQ:jihL1.Jl-- l)AT~llh PDXI-79881 118810 0016 respect to the Shopping Center, including Parcell, Parcel 2 and Parcel 3. F. Pay Less and AG desire hereby to agree upon restrictions and operating agreements regarding the Drug Store Premises and the Food Market Premises and the improvements constructed or to be constructed thereon. DECLARATION NOW, THEREFORE, Declarant does hereby make, grant, declare, establish and reserve the following easements, covenants and restrictions, which shall benefit and burden the Shopping Center, including Parcell, Parcel 2 and Parcel 3, and each Owner and Tenant; and Pay Less and AG, for good and valuable consideration, do hereby agree upon the following restrictions and operating agreements regarding the Drug Store Premises and the Food Market Premises and the improvements to be constructed thereon: 1. Definitions. 1.1 "Building Areas" shall mean that portion of the Property on which commercial buildings have been or are to be constructed as depicted on Exhibit B hereto. 1.2 "Common Areas" shall mean all public and common areas and facilities on the Property exclusive of the Building Areas including but not limited to, all entrances, exits, driveways, parking areas, detention pond facilities serving the Property, whether or not located within the Property, shopping center identification and directional signs and lighting facilities, exclusive of any improvements constructed on any Building Areas. 1.3 "Common Area Expense" shall have the meaning ascribed to it in Article 3 hereof. 1.4 "Declarant" shall mean Nisqually Plaza Limited Partnership, the fee owner of the Shopping Center. 1.5 "Outlots" shall mean those portions of the Shopping Center designated as Parcell, Parcel 2 and Parcel 3 on Exhibits A-I and B. PDXI-79881 118810 0016 2 \,li:1. 221C~ F3gel! ~5 .:' i Ie I.JCI: 9..::: 1 ~~:~1C11 ;- ::: 1.6 "Owners" shall mean collectively the Declarant and any other owner of land in the Shopping Center, and the owner of the Outlots; the singular term "Owner" shall mean any one of the Owners. 1.7 "Property" shall mean the Land. 1.8 "Responsible Party" shall mean Declarant so long as Declarant owns any portion of the Shopping Center. If Declarant is not the owner of any portion of the Shopping Center, then the Responsible Party shall be the person or entity owning more of the Property than any other person or entity. 1.9 "Shopping Center" shall mean all of the Property including the Outlots, Common Areas and Building Areas, together with the improvements erected thereon. 2. Easements. 2.1 There is hereby granted in favor of the Owners of the Shopping Center, their respective successors, assigns, mortgagees, lessees, sublessees, employees, agents, customers, licensees and invitees, a permanent, non-exclusive easement and right to use the Common Areas for the purposes for which they are provided, including, but not limited to, ingress, egress, access, parking, utilities, storm water drainage and retention or detention. 2.2 There is hereby specifically granted to all Owners of the Property, their respective successors, assigns, mortgagees, lessees, sublessees, employees, agents, customers, licenses and invitees, a permanent non-exclusive easement for a service drive along the back of all buildings erected or to be erected on the Property, as depicted on Exhibit B, so as to at all times provide for a circular flow of traffic around such buildings Declarant reserves the right to grant for the benefit of the property identified as Phase 2 on the survey map attached as Exhibit A-1 a permanent nonexclusive easement for ingress and egress across the service drive to the entrances on 103rd Avenue and Plaza Drive. PDXI-79881 118810 0016 3 i./(112 22 1"':~ F 39t? 46 = i 1 e ~Ci: 9.::: 1 .;:: :~: 1..:'1 C_1 1 ;-' ..:=: 2.3 The Shopping Center is benefitted and burdened by a Declaration of Covenants, Conditions and Restrictions with puget Sound National Bank with respect to its parcel of real estate situated adjacent to the Shopping Center, which agreement is recorded as Thurston County Auditor's No. 8706050023, the terms of which are incorporated herein by this reference. 2.4 There is hereby granted in favor of the Owners of the Shopping Center, their respective successors, assigns, mortgagees, lessees, sublessees, employees, agents, customers, licensees and invitees, a perpetual non-exclusive easement and right to use the Common Areas for utilities, which shall to the extent possible be located underground; provided, however, such utilities shall not be located in any of the Building Areas, nor shall any utility lines be constructed in any manner as to impede or restrict vehicular or pedestrian traffic upon and across the parking areas, entrances, exits, driveways, walks or other drives located within the Common Areas. No utility lines shall be installed without the prior approval of the Owners of the property affected thereby, which shall not be unreasonably withheld or delayed. Owners shall, to the extent reasonably practicable, share the use of utility lines serving the Shopping Center. Each Owner is granted a right of access over the Common Areas for maintenance of utilities. The party installing or maintaining the line shall complete such work as soon as possible following the commencement of installation or maintenance and shall restore any property affected thereby to as good (or better) condition as existed prior to such installation or maintenance. Any installation shall be performed in a manner so as not to unreasonably interfere with the operation of the Shopping Center. 3. Common Areas. 3.1 The Property and the Common Areas shall be developed in the manner depicted on Exhibit B hereto. The location of the buildings and improvements on the Property and configuration of the parking lot and drives (including parking PDXI-79881 118810 0016 4 \/0 r. 2.211-:::'~ F~se: 4-7 "1 Eo Jo: 9::== 1 2. :::~ij..:11 7 ~: lot striping) shall not be changed or modifieo without the consent of Pay Less and AG so long as Pay Less and AG, respectively, are tenants in the Shopping Center under their respective leases. Except as otherwise provided herein, no structures, buildings, fences or barriers shall be erected on any portion of the Common Areas except (i) parking lot paving, landscaping and lighting facilities, (ii) such directional traffic signs as are required to facilitate the orderly and free flow of pedestrian and vehicular traffic, and (iii) the signs hereinafter provided for. 3.2 Anything herein to the contrary notwithstanding, AG or AG's subtenant may conduct sidewalk sales from the sidewalks located in front of the AG Premises, provided, however, that such use does not unreasonably interfere with the operations of the Shopping Center. 3.3 Anything herein to the contrary notwithstanding, Pay Less or Pay Less's subtenant may conduct sidewalk sales from the sidewalks located in front of the Drug Store Premises, provided, however, that such use does not unreasonably interfere with the operations of the Shopping Center. 3.4 Anything herein to the contrary notwithstanding, the Owner or occupant of Parcell, Parcel 2 and Parcel 3 shall be entitled to the exclusive right to use the drive-through lanes, playgrounds, trash areas and entrance and exit signs and menu boards inside Parcell, Parcel 2 and Parcel 3, respectively. 3.5 The parties shall establish and maintain the maximum number of parking spaces on the Common Areas as possible, giving due regard to the need for an orderly and efficient traffic flow on the Common Areas, employee parking and loading and unloading of merchandise. The employees of the businesses operated on the Property shall park only in the cross-hatched parking areas depicted on Exhibit B hereto, or such other areas as Pay Less, so long as Pay Less is a tenant in the Shopping Center and AG, so long as AG is a tenant in the Shopping Center, may designate. In addition, the employees of PDXI-79881 118810 0016 5 l,liOl; 22 1 (:.=~ f-I::t9E'" 4'= . , :- 11 e. I'~O: .9:== 1 ,2 :::: ".:1 ],.:11 ;-s :=; the business operated on the Outlots designated on Exhibit B as "Parcell, Parcel 2, and Parcel 3" shall park only in the parking areas within Parcell, Parcel 2 and Parcel 3. The Responsible Party shall take such action as may be necessary and appropriate to enforce this parking restriction. 3.6 In the event Declarant erects a large Shopping Center pylon sign within the Common Areas that provides for specific tenant identification, then approximately fifty percent (50%) of the tenant identification area of each sign face of said sign shall be allocated to AG for the purpose of advertising the name and business of AG or its subtenant. The size, location and design of said sign shall be subject to reasonable prior approval by AG and Pay Less. Declarant shall permit Pay Less to place or erect and maintain one sign panel on each pylon sign, provided that such panels are (i) subordinate only to the position of the AG panels and any Shopping Center identification panels, (ii) not larger than thirty percent (30%) of the tenant identification area of each sign face and (iii) architecturally and aesthetically harmonious and compatible with the AG panels, as determined by AG. AG and Pay Less shall each install, maintain and repair its sign panels at its sole cost and expense and shall maintain its sign panels in a first class condition. AG and Pay Less, upon installing a sign panel, shall pay to Declarant a share of the cost of erecting the pylon (including, without limitation, the support and electrical system), such share to be a fraction, the numerator of which shall be the area of the sign panel and the denominator of which shall be the total area of all sign panels on the pylon (the "Prorata Sign Share") The Responsible Party shall illuminate the sign panels on the pylon and each party having a sign panel on such pylon shall pay to the Responsible Party its Prorata Sign Share of the costs to illuminate the sign panels on the pylon. Notwithstanding the foregoing, the Owner or occupant of Parcell, Parcel 2 or Parcel 3, respectively, shall each have the right to erect its own freestanding pylon sign on such parcel to the extent PDXI-79881 118810 0016 6 1'/0 . 22 1 ~:I: F ~ge" 4::) ... 1 e No: 9 -::; 1 :;:. .::: 1--3 J..:t 1 ? ..:=: permitted under the applicable ordinances of the City of Yelm. The position and design of such signage shall be subject to the reasonable approval of Declarant, and AG and Pay Less, so long as AG and Pay Less, respectively, are tenants in the Shopping Center under their respective leases. 3.7 The Responsible Party shall cause: (i) the Common Areas to be continually repaired and maintained in a safe, sightly and serviceable condition, which repair and maintenance shall include, but not be limited to, cleaning, lighting (the Common Areas shall be lighted to a minimum of 1-1/2 foot candles average at ground level from the hours of 7 am. to 10:30 p.m. every day), painting, striping, landscaping, removing garbage and t~ash from the Common Areas; removing obstructions, snow (which shall be piled away from the retail areas of the Property to the extent possible), water and ice; repairing, repaving and servicing the parking areas, curbs, walks, driveways, utilities, retention pond and storm drainage facilities, shopping center identification and directional signs (exclusive of any tenant signage) and lighting facilities as necessary from time to time; providing security services if warranted; and (ii) comprehensive general liability insurance on the Common Areas to be maintained in the amount of (x) at least $1,000,000 with respect to bodily injury or death to any one person, (y) at least $2,000,000 with respect to bodily injury or death arising out of anyone occurrence; and (z) at least $2,000,000 with respect to property damage arising out of anyone occurrence; and (iii) all Common Area improvements be insured against loss or damage by fire, windstorm, hail, explosion, damage from aircraft vehicles, smoke damage or such other risks which are from time to time including in the "extended coverage" endorsements in Thurston County, Washington, and in an amount not less than one hundred percent (100%) of the actual replacement cost to the respective improvements. The foregoing insurance policy (or policies) shall name the owners and tenants of the Drug Store Premises, the Food Market Premises, Parcell, Parcel 2 and Parcel 3, as PDXI.79881 118810 0016 7 "/ C l.' 2..:2. 1 ~:I F ~ tie; 5 ~:j .- 11 ~ ;-.Jo: 9:=: 1 ..2 "'::: (:1 ~=1 1 ;- .::: the case may be, as additional insureds. Said expenses are hereafter collectively referred to as the "Common Area Expenses. II The responsible party may delegate all such duties to a professional property manager. Such property manager shall manage and maintain the Common Area in accordance with accepted principles of real estate management prevailing at the time, and from time to time, by the Institute of Real Estate Management or the International Council of Shopping Centers or similar organization for the operation of comparable properties. The property manager's compensation shall be comparable to the compensation of other property managers for similar duties at comparable properties at the relevant time. 3.8 The hours the Cornman Areas are lighted with other than security lighting shall be extended from 10:30 p.m. to 7-00 a.m., or such lesser period after 10:30 p.m., if requested by either the owner or tenant of the Drug Store Premises or the Food Market Premises, provided that the party requesting the extended lighting shall pay to the Responsible Party the cost of lighting the Common Areas for the hours requested beyond 10:30 p.m. The charge for the extended Cornman Area lighting shall be reasonably determined by the Responsible Party, and shall be billed to and paid by the party requesting the extended lighting in the manner provided in Article 4 for payment of Common Area Expenses; provided, however, that if other businesses are open for business to the public during such extended Common Area lighting hours the Responsible Party shall reasonably apportion the charge for the extended Common Area lighting among such businesses and the party who initially requested the extended lighting based to the extent practical on the hours of operation of each business and the percentage each business (based on square footage of building floor area) is of all the businesses open during such extended lighting hours. 3.9 The Owners of the Property shall reimburse or cause to be reimbursed to the Responsible Party that portion of the Common Area Expenses incurred by the Responsible Party in I'DXI"79881 118810 0016 8 llli(/l. 221 t-::; F :::ge ~ 51- ":lle "~C!: 9'::= 1 ';:'.:=:)..30 1 ?:~: fulfilling its obligations hereunder. Each Owner's reimbursement shall: (i) equal one hundred ten percent (110%), or such greater percentage as may be reasonably required to compensate the professional property manager, of the total of such Common Area Expenses multiplied by a fraction the numerator of which is the total square feet of area in the Owner's property and the denominator of which is the total square feet of area in the Shopping Center; and (ii) be paid in monthly installments on the first day of each month, in advance, in an amount reasonably estimated by the Responsible Party, provided, that for the second and subsequent years each owner's monthly installment shall be equal to one-twelfth (1/12th) of the actual amount due from the Owner for the previous year. The Responsible Party shall annually furnish the Owners with a statement of the actual amount of each of their proportionate share of the Common Area Expenses for such period and supporting documentation therefor. The cost of any equipment used to maintain or repair the Common Areas shall not be included in the Common Area Expenses, but the reasonable rental charge for any equipment used to maintain or repair the Common Areas may be included as part of the Common Area Expenses. Capital improvement costs related to the construction of the improvements in the Common Area shall not be included in Common Area Expenses. If the total amount paid by each Owner for such period shall be less than the actual amount due from each Owner for such period as shown on such statement, each shall pay to the Responsible Party the difference between the amount paid by each Owner and the actual amount due, such deficiency to be paid within thirty (30) days after the furnishing of each statement, and if the total amount paid by each Owner hereunder for any such period shall exceed such actual amount due from such Owner for such period, such excess shall be credited against the next installment due from such Owner or refunded promptly after receipt of such Owner's written request for refund of such excess payment. The Owners shall pay to the Responsible Party their pro rata share of PDXI.79881 118810 0016 9 tuG ; .2lo~ 1 ~:' F :t3e. 52 -j, e 1.JC: 9~: 1 ~ ~:C1~11 '7~: Common Area Expenses within thirty (30) days of receipt of such billing, and if not paid within such period the Responsible Party shall have a lien on the Owner's property for the unpaid amount, which amount shall bear interest from the time such payment was due until paid at the rate of twelve percent (12%) per annum or the highest rate permitted by law, whichever is lower. Said lien shall be enforced and have priority in accordance with the provisions of paragraph 7 hereof. The obligation of Pay Less and AG to pay Common Area Expenses shall be governed by the terms of their leases, respectively, and in the event of any inconsistency between their leases and this Declaration with respect to Common Area Expenses, the terms of their leases shall control. 3.10 If the Responsible Party shall fail to perform its obligations under this Article 3, any other Owner(s) of the Property or AG or Pay Less may send a notice to the Responsible Party setting forth the obligations which the Responsible Party has failed to perform. In the event such obligations are not performed within thirty (30) days after receipt of such notice (unless the Responsible Party shall have commenced to perform the same within such period and shall be diligently proceeding to perform the same), then the party(ies) giving notice shall have the right to perform the same. The Responsible Party shall not be deemed to have failed to perform its obligations hereunder for so long as such delay is prevented due to strikes, lockouts, inability to procure materials, power failure, acts of God, governmental restrictions, enemy action, civil commotion, fire, unavoidable casualty, inclement or extraordinary weather conditions or other causes beyond the control of the Responsible Party, provided that lack of funds shall not be deemed a cause beyond the control of the Responsible Party 3.11 In the event that the Responsible Party's failure to perform any of said obligations causes an emergency or that performance of such obligation is necessary to prevent or relieve an emergency, then the notice required to be given PDXI-79881 118810 0016 10 !olOi. :;:'2.1 J..:r P3ge; 5::=: ;. .l e 1.~O; 9 ..:=: 1 ;;.:. ..:=~ I-Z1 J.:~ 1 7 ::=: hereunder need only be such reasonable notice, if any, as is warranted by the nature of the specific condition involved. If appropriate action is not timely taken by the Responsible Party, any other Owner(s) of the Property (or the lessee of the building on the Food Market Premises or the Drug Store Premises) shall be entitled to immediately perform such obligations. 3.12 In the event any Owner or lessee performs any of the obligations of the Responsible Party as aforesaid, and the cost of such performance is not paid by the Responsible Party within fifteen (15) days of receipt of a written statement therefore, interest shall accrue on the unpaid amount from the time it was expended to the time of payment by Responsible Party at the rate of 12% per annum or the highest rate permitted by law, whichever is lower. In the event any Owner or lessee performs any of the obligations of the Responsible Party as aforesaid, the owner or lessee, in addition to any other remedies it may have, may deduct the cost of said performance (including interest thereon) from any amounts then or thereafter due to the Responsible Party hereunder. 4. Building Restrictions. 4.1 No buildings or structures shall be erected on any portion of the Property except in the Building Areas. No buildings shall be erected on the Property except such as have been constructed in accordance with a site plan and engineering, architectural, elevation and exterior detail plans therefor which have been approved by Pay Less and AG, which approvals shall not be unreasonably withheld or delayed. No buildings shall be erected on the Outlots unless the building location and traffic circulation plan relating thereto has been approved by AG and Pay Less which approval shall not be unreasonably withheld or delayed. All buildings in the Shopping Center shall comply with all applicable building, plumbing and fire codes and other regulations, and each Owner is specifically granted the right to ensure that each other PDXI-79881 118810 0016 11 111!C i r :;:::;:. 11.:" P 3 SI? r; 54. :- ll;; .0: 94~: 1 .:;::. :::13t:11 7::::= Owner so complies. Except as provided in paragraph 3 hereof, no free-standing signs may be erected or placed on the Property except as have been approved by Pay Less and AG, which approvals shall not be unreasonably withheld or delayed. No building or structure erected on the Outlots shall exceed one story or twenty-eight (28) feet in height, whichever is lower, inclusive of any chimneys, decorative towers or roof peaks incidental to the design of the building or structure. All deliveries of merchandise or supplies to the businesses operated on the property shall be made principally to either the rear or side entrances of the occupant's respective building. 4.2 No construction activity on the Property commencing after the date hereof shall commence prior to the approval of the site plan and engineering, architectural, elevation and exterior detail plans therefor by Pay Less and AG. Declarant and Pay Less agree that construction of the New Food Market commenced prior to the date hereof and the foregoing approval requirement shall not apply to the New Food Market. No construction activity on the Shopping Center shall interfere with the operation and use of the balance of the Shopping Center. 5. Restrictions and Ogerating Agreements. There are hereby declared and established the following restrictions and operating agreements regarding the Shopping Center: 5.1 The Shopping Center may be used for any lawful commercial retail purpose, provided, however, that no portion thereof shall be occupied or used, directly or indirectly, for a bowling alley, arcade, game room, skating rink, billiard room, entertainment or recreational facility, massage parlor, adult book store, adult video store or any establishment engaged in the business of selling, exhibiting or delivering pornographic or obscene materials, ballroom, dance hall or discotheque, beauty school, barber college, theatre, gym, health club, warehouse, offices (other than a service office of a type typically located in comparable shopping centers such as PDXl-79881 118810 0016 12 1111:\.. t 2~:;:': 1 ~:t: P~9E ~ 55 1:'- l i -: Jo; 9:=: 1 2 :::=: z..:;:1 1.:1 1 7 -:::: a title insurance office, or insurance broker, or mortgage broker's office), bar, tavern or cocktail lounge, except as an incident to food service, mortuary, training or educational facility, place of instruction, reading room or any operation catering primarily to students or trainees rather than to customers, industrial use, the sale of second hand goods, an auction business, or a business selling distressed, fire sale, bankruptcy or going out of business merchandise, the maintenance, repair, renting, leasing or sale of any motor vehicle, trailer or boat, or a house of worship. 5.2 Except for the Drug Store Premises, no other portion of the Shopping Center shall be used as a pharmacy, provided that any supermarket on the Food Market Premises may sell general, non-prescription drug merchandise usually \ '<, "V \ i \i ,- :L .~~ "; further that (i'~ , 9-.:::'3 ?k' L1 6<"'p~JiiH1iilrlt6!l& is 9!i9X'atiHi ill 'ellS l?8S8. S/~{.ij; Ih~L~L r ~~....:.~~~, a pharmacy may be operated on the Food Market 0: J . associated with the operation of a supermarket and provided Premises at any time after a pharmacy ceases to be operated on the Drug Store Premises for a continuous period of twelve (12) months or more for any reason other than (i) a strike, lockout or other labor difficulty, fire or other casualty, condemnation, war, riot, insurrection, act of God, the requirements of any local, state or federal law, rule or regulation, or any reason beyond the reasonable control of the occupant of the Drug Store Premises, or (ii) temporary closure due to the restoration, reconstruction, expansion, alteration or remodeling of the Drug Store Premises or any portion of the Shopping Center. For purposes of this section, II pharmacy II shall mean a store, facility, trade or business authorized by law to, sell or dispense prescription drugs and other items of merchandise which, by law, must be sold or dispensed by, or under the supervision of, a registered or licensed pharmacist or medical doctor, or which is labelled, named or called by the owner or operator of the space a "drugstore,1I II pharmacy II or II apothecary. II PDXI-79881 118810 0016 13 11~C l, I 221'""=, P=.tge ~ S6 ~ J. r:' tJ(i: 9::;: 1 ;;:. ::=: 1-:1 "':1 1 7..:=: 5.3 No part of the Shopping Center other than the Food Market Premises shall be used as a supermarket (which shall be defined as any store or department containing at least 1,200 square feet of floor area, including aisle space and storage, primarily devoted to the retail sale of food for off-premises consumption, a bakery, a delicatessen, or the sale of fresh or frozen meat, fish, poultry or produce for off-premises consumption), provided that the prohibition of a bakery or a delicatessen shall apply only so long as a bakery or delicatessen is operated on the Food Market Premises and if such use ceases for a period in excess of six (6) months, the prohibition of such use in other parts of the Shopping Center shall terminate; and provided further that the sale of food items in an area not to exceed 3,500 square feet of floor area \1 j / , "tV in the Drug Store Premises is permitted so long as a pharma<4'::::--_" \~\.,' is operated on the Drug Store Premises; and provided further ~. ...,. .? 'Q~3-". ' I''''''''''y .. .l'uo\.1i iR \I.. 1>..3 Q..u dJ>!f!l/I, I' PUi~~898, a supermarket may be operated on the Drug Store ~ ~{J Premises at any time after a supermarket ceases to be operated on the Food Market Premises for a continuous period of twelve (12) months or more for any reason other than, (i) a strike, lockout or other labor difficulty, fire or other casualty, condemnation, war, riot, insurrection, act of God, the requirements of any local, state or federal law, rule or regulation, or any reason beyond the reasonable control of the occupant of the Food Market Premises, or (ii) temporary closure due to the restoration reconstruction, expansion, alteration or remodeling of the Food Market Premises or any portion of the Shopping Center. Notwithstanding the foregoing, a fast food restaurant shall be permissible provided it does not sell bulk meat or cheese or canned or bottled beverages (6-pack or more) for off-premises consumption. 5.4 All businesses operated in the Shopping Center shall be operated on a full-time basis during at least normal business hours Sunday through Saturday; no business shall be operated on a part-time basis i.e., for only a portion of the PDXI-79881 118810 0016 14 I," C ... r .2 2 1 "':~ F ~ 9t?: 57 -ll-e "Jo: 9:::; 1 ~~:2-:1~11 7.::: week or month. The foregoing shall not require the continuous use or occupation of any portion of the Shopping Center, but is only intended to prohibit business in the Shopping Center which operate on a part-time basis is for only a portion of the week or month such as a discount store operation which is open only as it has stock available to sell. 5.5 No building, structure or business shall be constructed or operated on the Shopping Center which shall be inconsistent with the operation of a family-type retail shopping center and any building, structure or business shall be attractive, both in its physical characteristics and in appeal, to customers and retail trade. 5.6 No use of the Shopping Center shall interfere with the use of the Common Areas or impede the free flow of pedestrian or vehicular traffic thereon. 5.7 No use of the Shopping Center shall increase the fire hazard or fire insurance rating for the Shopping Center or in any way present a danger or hazard to the employees and customers of the Shopping Center. All buildings constructed in the Shopping Center shall either be equipped with such automatic sprinkler systems as meet all of the standards of the Fire Insurance Rating Authority (or other similar organization having jurisdiction) or shall be constructed in such a manner so that the buildings in the Shopping Center may be fire rated as separate and distinct units from any other buildings built in the Shopping Center. 5.8 The Shopping Center and any improvements thereon shall be continuously maintained and repaired so as to at all times be in a first class condition, free and clear of all rubbish, trash, debris and accumulation of ice, snow and water. Each Owner or lessee of any portion of the Shopping Center shall be solely responsible for the removal of all rubbish, trash, debris and accumulation of ice, snow and water from their respective property, exclusive of the Common Areas. 5.9 Each Owner of any portion of the Shopping Center shall keep, or cause to be kept, all buildings and other PDXI.79881 118810 0016 15 I_ 11..1 . 22. 1 fi..:. P;'ge: 5:=~ - J. ~ t.~o: 9::=: 12:~:1-:1"':11 7~: improvements thereon owned by it (exclusive of the improvements constructed on the Common Areas), insured, at its expense, against loss or damage by fire, windstorm, hail, explosion, damage from aircraft, vehicles, smoke damage and such other risks which are from time to time included in the "Extended Coverage" endorsements in Thurston County, Washington, and in an amount not less than 100% of the actual replacement cost of the respective buildings and improvements (excluding foundation and excavation costs of underground flues, pipes and drains) , which amount shall be sufficient to restore the same to, or replace it with, buildings of at least the size as existed before and to as good of condition as such were immediately preceding such destruction. 5.10 Each Owner of any portion of the Shopping Center shall, it its expense, maintain, or cause to be maintained, comprehensive general liability insurance against claims for personal injury or death and property damage occasioned by accident occurring upon, in or on the buildings on its respective property, such insurance in each case to afford protection to the limit of not less than $1,000,000 in respect to injury or death to anyone person and to a limit of not less than $2,000,000 in respect of the injury or death to any number of persons arising out of anyone accident, such insurance against property damage to afford protection to the limit of not less than $1,000,000 in respect to any instances of property damage. In addition to the foregoing, said policy or policies shall name the other Owners of the Shopping Center as additional insureds and recognize and insure the liability arising out of the indemnity hereinafter set forth. 5.11 Each Owner or lessee of any portion of the Shopping Center shall indemnify, defend and hold harmless the other Owners and lessees of any portion of the Shopping Center, their respective agents, servants, employees, officers and directors, from and against any and all claims, actions, damages I liability and expenses (including reasonable investigative and discovery costs, court costs, attorneys fees PDXI.79881 118810 0016 16 ""_1 . .22 1 J.:z F :;,se = 5:=1 ~ Nc: 9":=:: 1';:::::=~11-31 7.:=: and other sums which they may become obligated to pay) incurred in connection with loss of life, personal injury or damage to property or any of them occasioned wholly by any act or omission of such Owner or lessee, its agents, servants, contractors or employees. 5.12 All such insurance provided for in paragraphs 3.7, 5.6 and 5.7 hereof shall be effected under valid and enforceable policies issued by insurers of recognized responsibility. Certificates of any portion of any such insurance shall be delivered to the Responsible Party upon issuance thereof, and thereafter not less than fifteen (15) days prior to the expiration date of the expiring policies. Any policy required under paragraphs 3.7 and 4.7 hereof shall provide that such policy shall not be cancelled or materially amended without at least thirty (30) days prior written notice to the Responsible Party. In the event a party fails to maintain insurance in accordance with the provisions of this paragraph and if such party fails to provide such insurance within ten (10) days of receipt of notice of said failure, the Responsible Party may purchase said insurance for such defaulting owner, and the defaulting owner shall within fifteen (15) days of billing therefor pay to the Responsible Party the cost thereof. The Responsible Party may from time to time increase the amounts of insurance required to be maintained hereunder to reflect any actual and substantial decrease in the value of the dollar or increase in risk occurring after the date of this Agreement. 5.13 In the event of destruction or damage from fire or any other peril to any buildings or improvements erected on the Shopping Center, the Owner having its buildings or improvements destroyed or damaged, at its sole cost and expense, shall within six (6) months of the date of such fire or casualty have (i) started to rebuild or repair the same to at least substantially the same size and as good as condition as such was in immediately preceding such fire or casualty and, PDXI-79881 118810 0016 17 IVO ~ 2211..:. F'~ge: b~l e Nt:,: 9:== 1 2. ::=: l-:1 11-:11 7 ::: within one (1 ) year of the date of such fire or casualty, rebuilt or repaired the same to at least substantially the same size and as good as condition as such was in immediately preceding such fire or casualty, or (ii) leveled and paved the buildings or improvements destroyed or damaged so that the affected area conforms substantially to the Common Areas surrounding it. 5.14 If more than twenty percent (20%) of the parking spaces on the Property are condemned or taken by any right of eminent domain, or the points of ingress and egress to the public roadways as depicted on Exhibit B hereto shall be materially impaired by public or quasi-public authority (herein referred to as IIcondemnationll) so as to affect the reasonable use and operation thereof, any Owner of the buildings affected thereby shall have the right to withdraw from the obligations set forth in Article 3 and Sections 5.9 and 5.10 hereof upon notice to the other owners of any portion of the Shopping Center as of the date of taking such property by the condemning authorities, provided such Owner elects to cease operations of retail business on its property and provided further that the Owner of the Drug Store Premises or the Food Market Premises shall not exercise such right to withdraw without the prior written consent of the tenant of the Drug Store Premises or the Food Market Premises, respectively. If any condemnation results in taking of less than twenty percent (20%) of the parking spaces on the Property or if such condemnation does not affect the reasonable use and operation of the buildings affected thereby, then all provisions of this Agreement shall continue in full force and effect, except that the proceeds of any award received by any owner of any portion of the Property shall be applied toward the immediate (i) repair and reconstruction of any building or other improvement affected thereby and (ii) the repair and reconstruction of the parking area so as to maximize the number of automobile parking spaces. Any condemnation award shall belong solely to the Owner whose property is affected by such condemnation. PDXI-79881 118810 0016 18 I"C ~ 221 ~:. P~ge~ 61 .~ '.Jo: 9.::: 1 2. .:=: 1-:1 ~:::1 1 ~~: 5.15 Until such time as buildings are constructed on any Building area of the Shopping Center, the Responsible Party shall take such measures as may be necessary to control weeds and the erosion of dirt and sand by wind or water with respect to said undeveloped portion thereof and maintain the same in a sightly condition. The cost thereof, shall be paid by the Owner of the property within fifteen (15) days of receipt of a billing therefor from the Responsible Party, and if not paid within such period the Responsible Party shall have a lien on the Owner's property for the unpaid amount, which amount shall bear interest from the time such payment was due until paid at the rate of twelve percent (12%) per annum or the highest rate permitted by law, whichever is lower. Said lien shall be enforced and have priority in accordance with the provisions of paragraph 12 hereof. 5.16 No portion of the Shopping Center other than Parcel 3 shall be leased to a fast food hamburger restaurant or to Taco Bell so long as Parcel 3 is operated as a fast food hamburger restaurant. The foregoing restriction shall not apply to the Food Market Premises or the Drug Store Premises. 6. Taxes and Assessments. All Owners of any portion of the Shopping Center shall pay when due and before any fine, penalty, interest or cost may be added for non-payment all taxes and assessments on the Shopping Center property owned by them. If any such Owner shall fail to pay said taxes and assessments prior to such time, any other owner, or the tenant of any other Owner, may pay said taxes and assessments and the curing owner or tenant may then bill the defaulting Owner for the expense incurred, and the defaulting Owner shall pay said bill within fifteen (15) days of receipt thereof, and if not paid within such period the curing owner or tenant shall have a lien on the defaulting Owner's property for the unpaid amount, which amount shall bear interest from the time such payment was due until paid at the rate of twelve percent (12%) per annum or the highest rate permitted by law, whichever is lower. Said POXI.79881 118810 0016 19 IlliO ~ 221 C.r P~ge: 62 -1 e ~(l; 9::=: 1.2.:::;1-.:::11-:11 7 ~: lien shall be enforced and have priority in accordance with the provisions of paragraph 7 hereof. All Owners of any portion of the Shopping Center shall not be required to pay, discharge or remove any tax or assessment on their respective property so long as they shall contest at their own expense the existence, amount or validity thereof by appropriate proceedings which shall prevent the collection of or other realization upon the tax or assessment so contested, and the sale, forfeiture or loss of the property subject to the tax or assessment to satisfy the same. 7. Liens. The liens provided for hereinabove may be filed for record as a claim of lien against the Owner of property in the Shopping Center and such Owner's property in the Office of the Auditor of Thurston County, signed and verified, which shall contain: 7.1 A statement of the unpaid amount of costs and expenses; 7.2 A description sufficient for identification of the property which is the subject of the lien; and 7.3 The name and Owner or reputed Owner of the property which is the subject of the lien. Such lien, when so established against the real property described in said lien, shall be prior and superior to any right, title, interest, lien or claim which may be or has been acquired or attached to such real property after the time of such lien; provided, however, that such lien shall be subordinate to the interest, of any mortgagee or tenant of said real property, irrespective of when said mortgagee's or tenant's interest attached. Such lien shall be enforced and foreclosed in a suit or action in any court of competent jurisdiction. 8. Certificates. All Owners of the Shopping Center will, from time to time, upon thirty (30) days prior written request by the other, cause to be executed, acknowledged and delivered a certificate stating that this Agreement is unmodified and in full effect (or, if there have been PDXI-79881 118810 0016 20 11101. 22 1 ~::& P3ge: -=:.:..::: -11 t:- j Jo: 9 -:=: 1 ..2~: 1;::1 ,..:' 1 7 ::=: modifications, that this Agreement is in full effect as modified, and setting forth such modifications) and either stating that to the knowledge of the signer of such certificate no default exists hereunder or specifying each such default of which the signer has knowledge. 9. Interpretation. Each easement, restriction, covenant and agreement contained herein shall be appurtenant to and for the benefit of all portions of the Shopping Center and shall be a burden thereon for the benefit of all portions of the Shopping Center, and shall run with the land. This Agreement and the restrictions, easements, covenants, benefits and obligations created hereby shall inure to the benefit of and be binding upon the parties hereto and their respective successors, transferees and assigns; provided, however, that if any Owner transfers or sells any portion or all of its interest in the Shopping Center and obtains from the purchaser thereof an agreement by which the purchaser assumes and agrees to be bound by the covenants and agreements herein contained, the selling Owner shall thereupon be released and discharged from any and all further obligations under this Agreement as such Owner in connection with the property sold by it. 10. Modification. Except as provided in paragraph 5.14, this Agreement may not be modified in any respect whatsoever, or rescinded, in whole or in part, except with the consent of the Owner of the Food Market Premises, the Owner of the Drug Store Premises, AG, so long as AG is a tenant in the Shopping Center, and Pay Less, so long as Pay Less is a tenant in the Shopping Center, and a majority of the Owners of the remainder of the Shopping Center at the time of such modification or rescission, and then only by a written instrument duly executed and acknowledged by the required parties, duly recorded in the Office of the Auditor of Thurston County, Washington. 11. Miscellaneous. 11.1 Nothing herein contained shall be deemed to be a gift or dedication of any portion of the Shopping Center to the general public or for the general public or for any public PDXI-79881 118810 0016 21 i iC i. :;::.:;::. 1 J..:. P35E ~ 64- 11 E- 1 Jo; 9 .~; 1 2 ..~: s..:1l..:1 1 ;- ~: purposes whatsoever, it being the intention of the parties that this Agreement shall be strictly limited to and for the purposes herein expressed. 11.2 In the event of any violation or threatened violation by any Owner, tenant or occupant of any portion of the Shopping Center of any of the terms, covenants, restrictions and conditions contained herein, in addition to the other remedies provided, any or all of the Owners and tenants of the property included within the Shopping Center shall have the right to enjoin such violation or threatened violation in a court of competent jurisdiction. 11.3 No breach of this Agreement shall entitle any Owner to cancel, rescind or otherwise terminate this Agreement, but such limitation shall not affect in any manner any other rights or remedies which such Owner, or any tenant, may have hereunder by reason of any breach of this Agreement. Any breach of any of said covenants or restrictions, however, shall not defeat or render invalid the lien of any mortgage or deed of trust made in good faith for value, but such covenants or restrictions shall be binding upon and effective against such Owner of any of said property or any portion thereof whose title thereto is acquired by foreclosure, trustee sale or otherwise. 11.4 If any clause, sentence or other portion of this Agreement shall become illegal, null or void for any reason, or shall be held by any court of competent jurisdiction to be so, the remaining portions thereof shall remain in full force and effect. 11.5 The ownership of the entire Shopping Center by the same person shall not effect the termination of this Agreement. 11.6 No provision of this Agreement shall be deemed or construed to require the continuous use for any purpose of the Shopping Center or the continuous occupation by any occupant of any portion of the Shopping Center. PDXI.79881 118810 0016 22 1'/0 . .22 1 ~:::; F ~5E-: 65 !? ~~G: 9 ..:=: 1 ~ ::=: 13 1::1 1 --;- :=: 11.7 All conveyances and leases of all or any portion of the Shopping Center subsequent to the date hereof shall be subject and subordinate to the terms and provisions of this Agreement. 11.8 Any notice, consent or approval provided herein shall be given personally or by certified mail, postage prepaid, return receipt requested, and if mailed shall be addressed, if to Declarant, AG or Pay Less, at the address set forth below (or to such other address as may be specified by notice), and if to any other Owner, tenant or person to the last known address of such Owner, tenant or person: (a) If to Declarant, to: Nisqually Plaza Limited Partnership c/o Gramor Development Northwest, Inc. 1133 164th St. S.W. #107 Lynnwood, WA 98037-8121 With a copy to: Thomas R. Page Stoel Rives Boley Jones & Grey 900 SW Fifth Avenue Portland, OR 97204 (b) If to AG, to: Associated Grocers, Incorporated P.O. Box 3763 3301 South Norfolk Street Seattle, WA 98124 (c) If to Pay Less, to: Pay Less Drug Stores Northwest, Inc. 9275 S.W. Peyton Lane Wilsonville, Oregon 97070 Attention: Senior Vice President-Real Estate 11.9 If any action is commenced to interpret or enforce this Agreement, to recover damages, to enjoin any violation or to enforce any other remedy available under this Agreement, then the prevailing party in such litigation shall have the right to receive its reasonable attorneys' fees and costs. 11.10 Except as otherwise provided herein, each easement shall be in perpetuity, and each other covenant, restriction and undertaking shall be for sixty-five (65) years from the date hereof. PDXI-79881 118810 0016 23 1\11:11. 2.2 1 ~:. P:Jge. 66 :- ll-a? No: 9 ~:=: 1 ~ ..::~ J..:::1 J.:1 1 -;:- ::=: 11.11 The rights and obligations of Declarant and AG, inter se, are governed by the terms and conditions of the lease between Declarant and AG and in the event of any inconsistency between such lease and this Declaration in determining such rights and obligations, such lease shall control. The rights and obligations of Declarant and Pay Less, inter se, are governed by the terms and conditions of the lease between Declarant and Pay Less and in the event of any inconsistency between such Lease and this Declaration in determining such rights and obligations, such lease shall control. 11.12 Declarant may sell, lease or develop the parcel of land in the Shopping Center described as "Phase 2" on the survey map attached as Exhibit A-1. Declarant has not yet determined the design or location of the Building Area or the Common Area on Phase 2. The design and location of the Building Area and the Common Area on Phase 2 shall be subject to the prior written approval of Pay Less and AG, which approval shall not be unreasonably withheld or delayed. IN WITNESS WHEREOF, the parties hereto have fully executed this Declaration and Agreement as of the day and year first written above. DECLARANT: NISQUALLY PLAZA LIMITED PARTNERSHIP, a Washington limited partnership By: Gramor Development Northwest, Inc. - Ge~~?/ By: ~.r ~~__~yV'.('L-<" Its: ~e.su:)tEv ,... AG. ASSOCIATED GROCERS, INCORPORATED ~----- By: Its: PAY LESS: PAY LESS DRUG STORES NORTHWEST, INC. Its: S~_~~ By: PDXI-79881 118810 0016 24 11/1:11 ~ 22 1 ~Z. F 39E': 6~ .: 11 ~ ~'Jo: .9 .:=: 1 2 :== J..::::1 ~=1 1 7.:=: o (ijOf'L/ STATE OF wt\.~H GTON /' J ~~M County of l/lfl.. ss. I certify that I know or have satisfactory evidence that Robert E. Beaupre is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was autPRriz~9_t~xecute the instrument and acknowledged it as ~~Sl~V of Gramor Development Northwest, Inc., general partner of NISQUALLY PLAZA LIMITED PARTNERSHIP, a Washington limited partnership, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: November 72-, . ~] OFFICIAL SEAL (~~.. TAMMY l. ANDO }'~0 NOTARY PUBLIC-OREGON <1,-, COMMISSION NO 003961 MY COMMISSION EXPIRES JAN 13,1995 STATE OF WASHINGTON County of /<1111 I certify that I know or have satisfactory evidence that ()(/'f(}cLLI Lu ~ is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the ~ /U'7/dtJ of ASSOCIATED GROCERS, INCORPORATED, a (.n.) !u;:l/)II/1r;~ corporation, to be the free and voluntary act ~f such party for the uses and purposes mentioned in the instrument. DATED: November60, 1993 ss. 't) : ~ \~ v 1") __F i i;,l/ > 't~_!=C!l-l or Stamp] .' J , /.5---< #it: r! · ~,J Notary Pu l~c for Washington My appointment expires: '3 -/-- Y.-r-' -\. ./ ,.,~) ~ ",,>. ,:' -. ~ ()r-c..~/)~ _ I i::~r;;S;~ATE .OF ~N(jTem County of C{fJfl<.d/!t{{)(J ss. I certjfy that I know or have satisfactory evidence that '\ -o#..A/,) ill 6tlu.. is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/~was authori~d to execute the instrument and acknowledged it as the Sr. v: r J of PAY LESS DRUG STORES NORTHWEST, INC., aLaY (~~ corporation, to be the free and voluntary act of sucH p ty for the uses and purposes mentioned in the instrument. DATED: Novemberk2-, 1993 -'(1)' OFt=16IAL SEAL ~i:;. [S~~~3B~N , .. COMMISSION NO 003961 MY COMMISSION EXPIRES JAN 13, 1995 Nota;A~rfw~oL UW'YL My appointment expires: -/ 9r- West One Bank, Washington, is co-signing this Declaration to acknowledge its consent to said Declaration and to PDXI-79881 118810 0016 25 I'/Oi r 22 1 "":~ P:tge: 6:::, :- 1 i e Jo: 9..::: 1 r2. :=:"'3 ;':1 1 7 ::=: acknowledge and confirm that its interest in the real property described in the attached Exhibit "A" and arising pursuant to the Deed of Trust, Assignment of Rents and Leases and Security Agreement between Nisqually Plaza Limited Partnership, a Washington limited partnership, as grantor, West One Bank, Washington, as beneficiary, and West One Trust Company, as trustee, dated July 30, 1993 and recorded August 2, 1993 under recording No. 9308020188 in the Thurston County, Washington records is subject and subordinate to said Declaration. West One Bank, Washington ) / , /' / / ~ By:'" ..... Title: STATE OF WASHINGTON County of ~..,~ I certify that I know or have satisfactory evidence that ~y-\ne f-\-.. Q~y--\'z is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to exe~te the instrument and acknowledged it as the \J lee.... 'YreS\(\"e.yy\=-.. of WEST ONE BANK, WASHINGTON a (n) '\No..::"n\~ton CO'--<<;;::lC.>..-c...r..o,,", , to be the free and voluntary act of sucH party for the uses and purposes mentioned in the instrument. DATED: November (?P~1993 ss. [Seal or Stamp] ~/l/-t (] ch111CLfj- Nota l' for Washington My appointment expires: J ~':) --<91- ,--- .""~"'" ~. r _....' ~t.T A "t, . . :.&---""..:.I.~", ... ~ _-- ~,SS'ON 4", III '"/A IV ~ - _'" ~~ 'I '-d ~ & ~ frY OTAR';.s> \ ';.i..' ."..~ r ~ jj!! !: ~ .... . .... ~ ~ ~ , ~ ~ ~ #1'\ ~ PUBL\C ; :: ~~", ;'~:: 'A -Y~'" ' ~ 02 _ gt>. _.: ~O.:: . '\ .......... ~-'.. ~.. . '.f Q "",....", .....,0- e., If: WAS'{\~' j '> '\ """"""~~ iHur;;'::'iO~'; COUNTi ::L Ili'1F' I H, ~,JH 1.2. ':::0. '9:;~ 11 :.25 Hf': ?EG~UEI; T :rF: S.:'1r": S.. ~:eeJj ~ :::',' ~ jHHHNEL 1 $:36 . [i0 COllI 'TTIC HUDITOF DEF'LIT:j 11/01. ~.2 1 r..:. P:J9t?: 65i .:- .le i.Jo: 9..':=: 1 2.4~:L1j..3 1 7~; PDX\..79881 118810 0016 26 -- ------ Associated Grocers, Incorporated, a Washington corporation, is co-signing this Declaration to acknowledge its consent to said Declaration and to acknowledge and confirm that its interest in the real property described in the attached Exhibit II A II and arising pursuant to the Lease and Memorandum of Lease dated June 11, 1993 between Nisqually Plaza Limited Partnership, a Washington limited partnership, as Landlord and Associated Grocers, Incorporated, a Washington corporation, as Tenant, - and recorded August 17, 1993 under Recording No, 9308170106 in the Thurston County, Washington records is subject and subordinate to said Declaration ASSOCIATED GROCERS, INCORPORATED By /2<~- Title /J<<~-(l- STATE OF WASHINGTON ss County of I certify that I know or have satisfactory evidence that OrrY\(ld r1 (j) b"~e person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the j)lp:71'~ of ASSOCIATED GROCERS, INCORPORATED, a(rn- W/1f!7II1~ h-n Ur/J', to be the free and voluntary act of such party for the uses and purposes mentio~ed in the instrument DATED,'J] ~-G 3)0 ,1993 61 J1ft / oju J Notary Publl for Washington My appointment expires ? - 1-- 9 ~ f),\ I" - . '\ -I J .. Cl (Sea(of Stamp) -. c.; " (' '- ~.J ~j -'~ \... " .- ';J .. ...' \.) -l,. I~ o i: \; i'" 27 \.01. .2.2 1 Cr F age. 7~:J - 11 Eo ~o: :=< -:=: 1 :2'::::;":1 ~:::1 1 7':::: Nisqually Plaza Legal Description of Real Property That part of the Northeast quarter of Section 30, Township 17 North, Range 2 East, W.M., delineated as Parcels A and C of Survey recorded in Volume 21 of Surveys, pages 172 under Auditor's File No. 8705220173. Situate in Thurston County, State of Washington. EXHIBIT A 'f..., ; I'/Cd, 2~ 1 C, P5!3e: 7.i :- 11 t? NCf: 9..::: 1 2 ..--=: s..::) }..:~ 1 7 ::== ~ C' CO\.A\.AEf\CltJ.. ZONING. \3.2~ Sf 11 C\'~EO ~PS 49 ,~ Sf E~IS"I,tlG" f600 \.AJ>,f\\<.E1-..2i.06\ Sf pf\OpClSEO . "'-S"lOl'.E '4 3IlO Sf pf\OpClSEO Of\vvC~EO S\1OPS...........~...........~.. ~ 000 S.f "f\OpOSEO J>,1I" "."".~.............'''~'' ..' . "^ S.f r EO p.E"! J>,'\' ...,..........,..,.. f PP.OpO~EO pJ>,O .\ d..3.sOO S f P~~~SEO pJ>,O .2 .........................~~~....3.SOO S. ~';oPOSEO p"O " ........... ~ I t': I') .0 (1.' \1", \1'\ 1 ~ ~N ..4 ,,", i'"' .J; ., ..40, i ,l ." "' Q \ ,~ ~. - ~ GFlAMOFl DEVELOPMENT N. W.. INC. ,O"l~\. 6UI\..OIt~G ~f\f:J< '10"l~\.. SI'1E ~f\f:J<" ..._..............._......-.... ".V ,. ,01 ~\.. CO\JEfV.GE .......~.....~~~.~~ ....~...~~.....~~...,\..O!l' S.f ._..._~....._~.61..0!)' S.f 16 1\' .... 1-4 C' 'l"'"" '.::" ~ ro N ro .- 0.. .,... .- .- ro 6- tJ} .- Z .... U ."... \\ ~ ~ ~'t" ..-I , ~ ~ 0: t:- O t!l 51 ~ ..... 0 0 ~ - 0.. +-' 0 - 0.. \ . 0''''. ~. .. sn-\ - - :;.. - -- ~ - .......-.......-.......,.",-..--- ~ .:---~--:;~~~--- ,,----.:.-..--- ---::-~ ~ ~ ~ ~ ::::. -_-:.. - ~ ::::::.-- -- .- ro N ro - 0.. "" - - ro '?r I/'l '-2. ~ GAAMOfl DEVELOPMENT N.W., INC. ~ C\ co~lAeI\C\~ '3.1~ s.r c....EO $l'"IOI'S .91~ sF E':'IS11~G,,:rt~ p ol'.€l d"~"'~'''' '06\S.f ",,""'0 f"^O ~i'"..22. I'1\0rv"lO V'"' 10fl,E \. 'JiA SF ofl,OpOSEO O~CS""EO ~"""'I'S,,'''''''''''''''''''''''''' ~ ^'"^ SF < pOSEO "" '" p :><~......VJ"' f 1'~<&pOSEO p.Ei ...II. p"O...3.':JiJ ~F ~~pOSEO 1'",0 .\ .............................33.~ S f ~~,,""SEO 1',,0 .2 ..........:::...................._~._...7'1"'. ;:;'o'POSEO 1',,0 () .~......... ~ t lO~lt-IG'. .. \ '4.ltl \ S.f ,01 "L 6\J11.Olt-lG "P,EJ....~.........~.........._...._. 101"L SI1E "p,EJ." ~_..._ \,.\1 ~ 101"'- cO'JEl'V-GE ................_~.~~~......~..._~- . .........~......&l..O'!>' S.f '"' ~ .... C ~ U cd .S ~ ~ -;: 0 t-' ~ r-\ ~ "0 ~ ~ IJ..1 - 0.. .... 0 - 0.. 51)-\ ."...'. .,. ~- ~ . ~~--~ .' ~ -- - ---- , -~--~---------~~~~-~~-- ~~::::---- ----~ - .__:;--~ - -- . ~ ~ -------- - - - -::;:::;::;;-- - - --- .. ~. \",,\~\ .0 W, it) .-n . \ u.. \ \1 ..-l \J ii) .,....I 0\ i \~ .. .. C\ \ II. .. ,11 "" --.-\ 5: \>y~