Application Original Info
****FOUR
,RE,:CEIVED FROM
R. E " PAIGEN' .
,'(rEN~Ri.\L CONTRf\CTOR
. . ,PO 'BOX 625
YEL~' WA ,98,597
458-275i
, "
PA-lD
DATI; REC. NO.
,08/,06/99 ;1.4204:
INC-.
MISC~~tAN~OU~ ~~9EtPT
'[)!\NA
COUNTRY STORAGE BINDING SITE PLAN. #BSP-99-8239-YL
. . .
RECEIPT-No. ~ 2204
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CITY OF YELM
PO Box 479
Yelm WA 985
360-458-324
0,
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Site Plan Fee: ~ C. '\{t:,\...\'J\
Mobile Home Parks: $250 00 plus $50 00 per mobile home sp~~'~,d 0 \
Multi-Family Building/Condominium $35000 plus $50 00 per urr!t\ ,
Commercial Site Plan: $35000 plus $50 00 per 1000 sq. ft of gross tfoor area
Industrial Site Plan: $35000 plus $150 per acre
(In addition, any professional service charges per Resolution #358)
APPLlCA TIO
Site Plan Re
Site plan review is a process for reviewing the design of certain types of development. Site plan
approval is required for mobile home parks, duplexes, multi-family dwellings, commercial and industrial
uses, planned development districts and for all land uses within the central business district.
i Storaqe Bindinq Site Plan '".'
NAME OF PROJECT County
APPLICANT Randy Paigen
Mailing Address P. o . Box 625
City, State and Zip Yelm. WA 98597
Telephone (360) 458-2751
OWNER
Mailing Address Del RepnolN
City, State and Zip 10539 Grove Rot=lrl SF
Telephone (v,n) 4'58 977'5
ENGINEER/ARCHITECT/OTHER Skillinqs-Connolly, Inc
Mailing Address P . O. Box 5080
City, State and Zip 18r.ey, WA 98503-5080
Telephone (~hn) 491 "3"399
-
SUMMARY OF REQUEST seqreqate 0 5~ acre Parcel for
dp\/plnrment 8S Gluick Lube Shop and Expresso
c:;t::lnrl
PROPERTY DESCRIPTION
General Location Nnrthwest r.orner of intersection Grove Road
8nrl Ye1m Avenlle. Acre~
Site Address 10539 Grove Road Land Area (acres) 5.00
Section 29 Township 17 North Range 2 East
Assessor's Tax Parcel Number 64303400600
Full legal description of subject property (attach separate sheet if necessary)
P;:nr.e 1 1 nf hnllnrlt=lry 1 in e adjustment no BLA 8118.
::lC:; rprnrrlprl i n \/nlllme 1 '5 nf hnllnrl8Y 1 i ne arljustments
pages 612-615, under Auditor's file no. 9406170175
Situate in the tOINn of Yelm. Thurston County Washinqton. .
,~
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CITY OF YELM
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PAGE 1
PLEASE ANSWER THE FOLLOWING QUESTIONS
ATTAcH EXTRA PAGES IF NECESSARY
1 Does the design minimize conflicts with neighboring land uses? Explain. No
2. Is the site within 300 feet of any "critical areas" such as wetlands or streams? No
"
" site
3 What provisions will be made for storm water and/or flood control? Retained on
4 What provisions will be made for water supply and sewage disposal? City of Yelm
I"::lt pr Fxistino sertic seINer drainfield
5 What provisions will be made for electrical power, natural gas, telephone and other utilities?
Pllhlir. lltilites
6 What provisions will be made for streets, access, and/or buses? Improve frontage
per aoproved site plan
7 What provisions, if any, will be made for open space and/or recreation? None
8 What provisions will be made for schools and school children? SideINalks along
frontaqe of Lot 2
I affirm that all answers, statements and information above and submitted with this application are complete and
accurate to the best of my knowledge. I also affirm that I am the owner of the subject site or am duly authorized
by the owner to act with respect to this application. Further, I grant permission from the owner to any and all
employees and representatives of the City of Yelm and other governmental agencies to enter upon and inspect
said property as reasonably necessary to process this application. I agree to pay all fees of the city which apply
to this application.
Signed Date
CITY OF YELM
d 5 \c: \office Iplandepl. cc\apps \spr. app
PAGE 2
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~-*
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Ie.,
CHECKLIST
PLANNER USE ONLY .
Checked by ~,lJ. Date'
*
*
1
2.
Datum, north arrow, date and scale.
The location of all existing and proposed structures,
including, but not limited to, buildings, fences, culverts,
bridges, roads and streets on the subject property
Wells and underground storage tanks, within 200' of
property
The boundaries of the property proposed to be developed
All proposed and existing buildings and setback lines
All areas, if any, to be preserved as buffers or to be
dedicated to a public, private or community use or for open
space under the provisions of this or any other city ordinance,
information regarding percentage of area covered, locations
and general types of landscaping.
Conceptual Landscape Plan.
All existing and proposed easements
The locations of all existing and proposed utility structures
and lines.
A preliminary storm water drainage systems report and
layout for existing and proposed structures.
All means of vehicular and pedestrian ingress and egress
at the site and the size and location of driveways, streets,
and roads
The location and design of off-street parking areas showing
their size and locations of internal circulation and
parking spaces.
The location of all loading spaces, including, but not limited to,
truck loading platforms and loading docks.
Location and area, in square feet, of all signs
Topographic map or maps which delineate contours,
both existing and proposed, at intervals of two feet, and
which locate existing lakes, streams and forested areas,
(or 5 foot if > 5% )
Submitted
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I
Missing
ATTACHMENTS:
-- * Environmental Checklist (including $150 fee)
* Mail labels (8 % X 11 sheet) of Owners of Property
within 300 feet (include Assessor's Tax Parcel Numbers and map.)
Vicinity map (8 % X 11) showing nearby property, streets, land uses,
streams and other features.
Copy of any covenants or restrictions that will apply
Grading plan for cuts and fills over 100 cubic yards.
Eight copi~s of Site Plan at a s~~'e not le~s than.9!1~ incb.
for fifty f~.!;!t, showing
3
4
5
6
-:>
- 7
8
_-9
~-10
11
12.
13
14
15
*
A reduced size copy of the site plan not larger than 11 "X 17"
Tree and Vegetation Preservation Plan, per section 14 16 110
Design Guidelines Check-list.
W/A
/
*
*
CITY OF YELM
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crf'l Of 'IE\..M
B\ND\NG S\TE p\..A-N~
A- PORT\ON Of SEC1\ON ~ '
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OR\G\NA\.. .,.RAC'"
A-SSESSOR'S pA-ReE\.. MO(S)
64303400600
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" HIGHW A Y 501 <YELM A VEJ ~
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COUNTRY STORAGE BINDING SITE PLAN
SHEET 1 OF 2
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NOTES
SEPTIC SEwER TRANSMISSION LINE EASEMENT IN fAVOR Of LOT 2
SEPTIC SEwER EASWENT IN FAVOR Of LOT' 2
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LEGEND
SET 5/8" REBAR & PLASTIC CAP
. MARKED LS 29275
rOUND REBAR & PLASTIC CAP
@ MARKED LS 17656
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EXISTING STORAGE 8UILDING
(APPROXIMATE LOcATION)
4,48 ACRES GROSS
4,.36 ACRES NET
LoT 1
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EXISTING STORAGE 8UILDING
(APPROXIMATE LOG" TION)
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EXISTING STORAGE 8UILDING
(APPROXIMATE LOCATION)
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EXISTING STORAGE 8UILDING
(APPROXIMATE LOCATION)
N ~l1J2" W
109,50
22,883 SO, FT, GROSS
19,443 so, n. NET
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DISTANCE
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29 72
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A.UOrtOR'S CER1\f\CA.,.E
Filed for record this .....-dOY of------
.------;' 19_ot the request of
Skillin s_connoll InC,
Auditor's fee NO'~
~BY~
SURVEYOR'S CER1\f\CA. lE
I herebY certify thOt this Binding Site plan .MOP
is based upon on actual survey and subdiVISion
of 0 portion of Section 29, Township 17 North.
Range 2 EaSt. W,M.. that the distances and
courses shown hereon are correct; that the new
line haS been stoked on the ground with 5/8"
rebor and plastic caps.
~
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Co1'lSuhiNG fNGiNEElIS
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CIVl~ T\t1l.llsPORT"TIOIl EIlVlROIl"'E1>IT"~
....=...... ~ 99053,
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8\NO\NG srtE p\.A.N -----==
to POR1\ON Of SEC1\ON 12- ~~
~V- '11.,'11. '
OR\G\NA\.. 1'R~C1'
"SSESSOR'S p"RCEL 110(5)
64303400600
'1\C\N\1'''t tJ\AP
N,T s,
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~ ." ",ESE' ,," ",E ""DE'.CN'" 00'" ,eY
~Ji~~f!ttJ~f~~;~~!~llq!113~~~~/s;~~filS
n;E "cNE 01 '^" A" NECESSAR'nfs peA' 'N ",E REASONAB'E OR,ONA'
BLOCKS, TRACTS, ETTRCE'E{~Of~~~ES ETC., SHOWN HEREON,
GRADING OF ALL S ' '
_____' 1999
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SiAiE Of W~S\"IINGiON
""N" 0' ,NU,,")N f .of
\)A'< Of ' 1999, BEfORe. ~.e.
'H" " EO CER"" "", OR ,H" ~ ,~~' EO
'HE UNDER"CNED A N01AeY ''i:i6C'E:g:;~~;''''E fORECO,N', ,NO ,,'~D-::<i~cEC
NE 'NO,"" ,0 DE E'E """" '" H" ER" ,NO """UN,,R' ", ,N
iO \,\E i\"l~ i \"IE ~~\)GN~U\) n~~~E~~~EREIN \,\ENilONE\)
fOR i\"lE USES~" r "
(AI' flRSi ~BO\fE. WRliiEN,
.,,,NESS N' HARD 'NO <fEffC'^' se^' E'E 0" ,NO'
. ~nO("\\J~ 1999
~D RO\fE.O i\"llS ___ OA'( Of -----'
fY,~\,\INE\) ~NO APP
0" of ",N "" peAR RE.E. CONN'"''
NOiAR'< PUBLIC IN ~N\) fOR i\"lE SiAiE
Of W~Sf1INGiON, RESI\)ING IN -----
\,\'< CO\,\\,\ISS\ON fY,PIRES -----
~ '"," BE fN CONfORNARcE ~'N
A" oEVf,oPNENE ~'HfN ",fS "N"N[y S6~ ,it': "" pLAN RE"" CoMM,,"E
THE SITE PLAN APPROvED BY THE CI
UNDER FILE NO. ~
~
SiAiE Of INASf1INGiON
COON" Of ",OR5,ON · ,'E
\)A'< Of ____' 1999 BEfORI:. ~,
,H" fS EO cE"'" 'H" 0>> ,H" ~ ,~'R"~'"
'HE ONO"''''''' ,NO"" '';:'i~(:~g~~;\HE ,,'REC,'NC, ,NO ,,'No-::<i~cED
"' ,"0'"" EO BE E'E ""ON NASH" ,R" ,NO ",ON"eY ,el ARC
iO \,\E i\"lA i \"IE SN\\)GNiOu R~1;sE~ i~f\'EIN MENiIONE\)
fOR i\"lE USES A
E I' flRSi ABOVE WRliiEN,
"WESS N' H,NO ,NO Off'O^, se^' ",E QAY ,", ' ,
\0\ If' ~ 11 N RE'" ION N5 '0 ",fS "NO'NO "" peAR
" fS EXpEel" ",A' "O'ffCA"",~~;,~:SE:~PPRO'" ARD ooel"i:to~:"JE
AND ,,'5 "PROVfD "" peAN"gOEHE COORsE Of ," OfVf'OPM~ AG"ON AS EN"
"cESSAR' 'N~ ~~~~~ C~fT'" SHA" REW:":NZ,~~;"i1 OEY pO<fOES AND
y[eM 9EE ~\f,ABC Y DEEERNfNE fS CONSfSEENT JOOfF'" ,,0>> OR Of"A noN ,ROM E
SHALL REA WITH RESPECT TO ANY PROPOSED MENTS ATTACHED THERETO. AT TH
oROfNANCES - E pc," AR'/OR DoeO HANOES "' y DE
THE APPROVED ~IN~I~~t;LAN REVIEW COMMITTEE. RPER~:~S% ~HE DISCRETION OF
OfseREnoN Of H EY COoNCff ,oR ,HE" . RED" RECOpO ,
REf,,,RED "E:':~ i"~N'~'''' EHE ,pp<fCAN' ":6 ~~i,~~~'" '0 'HE ,oE
9EE pcAN R N OR OOCOMENT "'ERE $H'" B s ",,"oED 'N EHfS SECnON
REVISED PLA THE BINDING SITE PLAN EXCEPT A
GEOMETRY OF
NOi~R'< PUBLIC IN AND fOR i\-lE Si~iE
Of WASf1\NGiON, RESIDING IN -----
\,\'< CO\,\\,\\SS\ON E~PIRES -----
~
Si ~ iE Of INASf1INGiON
COON" 0' 'HORSEON - ME
D~'i Of ~ 1999. BEfORe.
'HfS "EO cERn" W" ON WfS ~ N'U-~ED~"
'HE ,NoERSfO''' ,NO"" :'i:i'o\:~~J~o "" roREC~NC, ,N' 'c,~o-::<i%C"
NE 'NO"" EO DE 'HE RESSO E AS H" "EE ,NO ""ON"R' ", ,N
iO \,\E i\-l~i \"IE SN\DGNpEu\) R~~~E~~\-IEREIN \,\ENiIONED
fOR if1E UsES ~ r
E R flRsi ~BO\fE. \NRliiEN.
,,'N'SS M' H,ND ,NO Off'C'" sE^' W' 0" ,NO' ,
NOi~R'i PUBLIC IN ~ND ,OR i\"lE Si~iE
Of W~S\"I\NGiON, RESIDING IN -----
\,\'< CO\,\\,\\SSION E~PIRES -----
"UOltOI\'S CEl\tlf\C" tE
Filed for record this ___daY of-----
19 at the request of
~' ---
Skillin s_connoll InC,
,,'fto" fee No ~
_____8Y~
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SUI\'1E'I 01\' S CEl\tII'IC" tE
, B' ding site plan Map
I herebY certify thOt t'~ s:;;vey and subdiViSion
is based upon a~ a~. ua 29 To"mshiP 17 North,
of 0 portion of eC Ion hot the distances and
Range 2 East. W.M" t correct' that the new
courses shown hereon ore ' d with 5/8"
line haS been stoked on the graun
rebar and plastiC cops,
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CITY OF YELM
BINDING SITE PLAN
SITE PLAN
LOT 1
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NOTES
WM
A PORTION OF SECTION 29,
TOWNSHIP 17 NORTH,
RANGE 2 EAST,
\
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OWNER COUNTRY STORAGE, A WASHINGTON GENERAL
DEVELOPER RANDY PAIGEN
SITE ADDRESS 10539 GROVE ROAD SE, YElM WA
PARCEL NO 64303400600
PARTNERSHIP
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1) LANDSCAPING WILL MEET THE REQUIREMENTS FDR TYPE /1 PER CHAPTER 1780, TYPE /I
2) BUILDING SnBACKS 15' ALL SIDES PER CHAPTER 17,28 ZONE C-3
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6 REQUIRED PER CITY OF YELM ORDINANCE
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3) 12 PARKING STALLS,
4) CITY OF YELM WATER
5) SEPTIC SEWER, SHARED EXISTING SYSTEM ON LOT 1
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6) CITY OF YELM FIRE PROTECTION
7) BUSINESS SIGNAGE TO MEn CITY OF YfLM REGULA TlONS
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8) STORM DRAINAGE, SURFACE RUNOFF TO BE DIRECTED TOWARDS STORM DRAINAGE POND ON
LOT 1 ROOF RUNOFF TO BE DIRECTED TO DRY WELLS ON SITE
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jj//;y;/ '// j)///////////// '/"Y;/~///: /'// ,/,//,/,/ / \
/' / / /, / / RIGHT OF WAY HERfBY DEDICATED / / // /'/ // // /; / / // / / // '" \
/ ///'// ,//////////// // /' /, /. /., ///, , \......------
,u... ...... --. u --. --~~~~~SEO'SIOE:~A'LK ,,-- -- ",," "88:58-- --. -- --" --"". -;.. .' I ~ \ T
NO ENTRANCE . . . ----. .' ----. --. .---- "." . --'--'~OSED SIDEWALK \~ \
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"' HIGHWAY 507 (YELM AVE.) "'
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PROPOSED LANDSCAPE PLANTlNGS
LOCATION BY OTHERS
JUNE 1999
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LEGEND
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FIRE HYDRANT TYPICAL, LOCATION BY OTHERS
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OWNER'S POLICY OF TITLE INSURANCE
ISSUED BY
TRANSAMERICA
TITLE INSURANCE COMPANY
SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE
CONDITIONS AND STIPULATIONS, TRANSAMERICA TITLE INSURANCE COMPANY. a California corporation, herein called the Compa-
ny. insures. as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained
or incurred by the insured bv reason of
I Title to the estate or interest described in Schedule A being vested other than as stated therein;
2. Any defect in or lien or encumbrance on the title;
3. Unmarketability of the title;
4. Lack of a right of access to and from the land.
The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title. as insured, but only to the extent provided
in the Conditions and Stipulations.
IN WITNESS WHEREOF. TRANSAMERICA TITLE 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.
TRANSAMERICA TITLE INSURANCE COMPANY
By
~~\~
Authorized Coumersignature
By
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EXCLUSIONS FROM COVERAGE
The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys
fees or expenses which arise by reason of.
(a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws. ordinances. or regulations)
restricting, regulating. prohibiting or relating to (i) the occupancy. use, or enjoyment of the land; (ii) the character, dimensions or location of
any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or
any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws. ordinances or
governmental regulations. except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting
from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy
(b) Any governmental police power not excluded by (a) above, except to the extent that a notice of the exercise thereof or a notice of a
defect. lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date
of Policy
2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding
from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value WIthout
knowledge.
3. Defects, liens. encumbrances, adverse claims or other matters:
(a) created. suffered, assumed or agreed to by the insured claimant;
(b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed
in writing to the Company by the insured claimant prior to. the date the insured claimant became an insured under this policy;
(c) resultmg in no loss or damage to the insured claimant;
(d) attaching or created subsequent to Date of Policy; or
(e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured
by this policy
~~i;;; Land Title Association Owner's Policy (10-21-87)
Face Page
J:nnn_UAj~j
".."......""'.......'...'....."....."".....,"'"
-...l
Valid Only If Schedule A. B and Cover Are Attached
OgIGIN.l\1
CONDITIONS AND STIPULATIONS
1 DEFINITION OF TERMS.
The following tenns when used in this policy mean:
(a) "insured" the insured named in Schedule A, and, subject to any
rights or defenses the Company would have had against the named insured,
those who succeed to the interest of the named insured by operation of law
as distinguished from purchase including, but not limIted to, heirs,
distributees, devisees, survivors, personal representatives, next of kin, or
corporate or fiduciary successors.
(b) "insured claimant" an insured claiming loss or damage.
(c) 'knowledge" or 'known'" actual knowledge, not constructive
knowledge or notice which may be imputed to an insured by reason of the
public records as defined in this policy or any other records which impart
constructive notice of matters affecting the land.
(d) "land'" the land described or referred to in Schedule A, and
improvements affixed thereto which by law constitute real property The
tenn "land" does not include any property beyond the lines of the area
described or referred to in Schedule A, nor any right , title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or
waterways, but nothing herein shall modify or limit the extent to which a
right of access to and from the land is insured by this policy
(e) "mortgage" mortgage, deed of trust, trust deed, or other security
instrument.
(I) "public records" records established under state statutes at Date of
Policy for the purpose of imparting constructive notice of matters relating
to real property to purchasers for value and without knowledge. With
respect to Secnon I(a) (iv) of the Exclusions From Coverage, "public
records" shall also include environmental protection liens filed in the
records of the clerk of the United States district court for the district in
which the land is located.
(g) "unmarketability of the title'" an alleged or apparent matter affecting
the title to the land, not excluded or excepted from coverage, which would
entitle a purchaser of the estate or interest described in Schedule A to be
released from the obligation to purchase by virtue of a contractual
condition requiring the delivery of marketable title.
2. CONTINUATION OF INSURANCE AFTER CONVEYANCE
OF TITLE.
The coverage of this policy shall continue in force as of Date of Policy in
favor of an insured only so long as the insured retains an estate or interest
in the land, or holds an indebtedness secured by a purchase money
mortgage given by a purchaser from the insured, or only so long as the
insured shall have liability by reason of covenants of warranty made by the
insured in any transfer or conveyance of the estate or interest. This policy
shall not continue in force in favor of any purchaser from the insured of
either (i) an estate or interest in the land, or (ii) an indebtedness secured by
a purchase money mortgage given to the insured.
3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT
The insured shall notify the Company promptly in writing (i) in case of
any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall
come to an insured hereunder of any claim of title or interest which is
adverse to the title to the estate or interest, as insured, and which might
cause loss or damage for which the Company may be liable by virtue of
this policy, or (iii) if title to the estate or mterest,as insured, is'rejected as
unmarketable. If prompt notice shall not be given to the Company, then as
to the insured all liability of the Company shall terminate with regard to
the matter or matters for which prompt notice is required; provided.
however, that failure to notify the Company shall in no case prejudice the
rights of any insured under this policy unless the Company shall be
prejudiced by the failure and then only to the extent of the prejudice.
4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF
INSURED CLAIMANT TO COOPERATE.
(a) Upon written request by the insured and subject to the options
contained in Section 6 of these Conditions and Stipulations, the Company,
at its own cost and without unreasonable delay, shall provide for the
defense of an insured in litigation in which any third party asserts a claim
adverse to the title or interest as insured, but only as to those stated causes
of action alleging a defect. lien or encumbrance or other matter insured
against by this policy The Company shall have the right to select counsel
of its choice (subject to the right of the insured to object for reasonable
cause) to represent the insured as to those stated causes of action and shall
not be liable for and will not pay the fees of any other counsel. The
Company will not pay any fees, costs or expenses incurred by the insured
In the defense of those causes of action which allege matters not insured
against by this policy
(b) The Company shall have the right, at its own cost, to institute and
prosecute any action or proceeding 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 insured, or to prevent or reduce loss or damage to the insured.
The Company may take any appropriate action under the tenns of this
policy, whether or not it shall be liable hereunder, and shall not thereby
concede liability or waive any provision of this policy If the Company
__~hall e~rci~~~ rights under_this paragraph,~_~~IL~-.!o d~~~:~_t!y.__..
(c) Whenever the Company shall have brought an action or interposed a
defense as required or pennitted by the provisions of this policy, the
Company may pursue any litigation to final detennination by a court of
competent jurisdiction and expressly reserves the right, in its sole discretion,
to appeal from any adverse judgment or order
(d) In all cases where this policy pennits or requires the Company to
prosecute or provide for the defense of any action or proceeding, the
Insured shall secure to the Company the right to so prosecute or provide
defense in the action or proceeding, and all appeals therein, and pennit the
Company to use, at its option. the name of the insured for this purpose.
Whenever requested by the Company, the insured, at the Company s
expense, shall give the Company all reasonable aid (i) in any action or
proceeding, securing evidence, obtaining witnesses, prosecuting or
defending the action or proceeding, or effecting settlement, and (ii) in any
other lawful act which in the opinion of the Company may be necessary or
desirable to establish the title to the estate or interest as insured. If the
Company is prejudiced by the failure of the insured to furnish the required
cooperation, the Company's obligations to the insured under the policy
shall tenninate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
cooperation.
5. PROOF OF LOSS OR DAMAGE.
In addition to and after the notices required under Section 3 of these
Conditions and Stipulations have been provided the Company, a proof of
loss or damage signed and sworn to by the insured claimant shall be
furnished to the Company within 90 days after the insured claimant shall
ascertain the facts givmg rise to the loss or damage. The proof of loss or
damage shall describe the defect in, or lien or encumbrance on the title, or
other matter insured against by this policy which constitutes 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 insured claimant to provide the required proof of loss
or damage, the Company's obligations to the insured under the policy shall
tenninate, including any liability or obligation to defend, prosecute, or
continue any litigation, with regard to the matter or matters requiring such
proof of loss or damage.
In addition, the insured claimant may reasonably be required to submit
to examination 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 Policy, which reasonably pertain to the loss or damage. Further if
requested by any authorized representative of the Company the insured
claimant shall grant its pennission, in writing, for any authorized
representative of the Company to examine , inspect and copy all records,
books, ledgers, checks, correspondence and memoranda in the custody or
control of a third party, which reasonably pertam to the loss or damage.
All infonnation designated as confidential by the insured claimant proVIded
to the Company pursuant to this Section shall not be disclosed to others
unless, in the reasonable judgement of the Company, it is necessary in the
administration of the claim. Failure of the insured claimant to submit for
examination under oath, produce other reasonably requested information
or grant pennission to secure reasonably necessary infonnation from third
parties as required in this paragraph shall tenninate any liability of the
Company under this policy as to that claim.
6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS;
TERMINATION OF LIABILITY
In case of a claim under this policy, the Company shall have the
following options:
(a)To Payor Tender Payment of the Amount of Insurance.
To payor tender payment of the amount of insurance under
this policy together with any costs, attorneys' fees and expenses incurred by
the insured claimant, which were authorized by the Company, up to the
time of paymant or tender of payment and which the Company is obliga-
ted to pay
Upon the exercise by the Company of this option, all liability and
obligations to the insured under this policy, other than to make the
payment required, shall terminate, including any liability or obligation to
defend, prosecute, or continue any litigation, and the policy shall be
surrendered to the Company for cancellation.
(b) To Payor Otherwise Settle With Parties Other than the Insured or
With the Insured Claimant.
(i) to payor otherwise settle with other parties for or in the name
o~ an insured claimant any claim insured against under this policy, together
WIth any costs, attorneys' fees and expenses incurred by the insured
claimant which were authorized by the Company up to time of payment
and which the Company is obligated to pay; or
(ii) to payor otherwise settle with the insured claimant the loss or
damage provided for under this policy, together with any costs, attorneys
fees and expenses incurred by the insured claimant which were authorized
by the Company up to the time of payment and which the Company is
obligated to pay
Upon the exercise by the Company of either of the options provided for
in paragraphs (b)(i) or (ii), the Company's obligations to the insured under
this policy for the claimed loss or damage, other than the payments
required to be made, shall tenninate, including any liability or obligatIOn to
defend, prosecute or continue any litigation.
____.__e~____~ ___~. __ __.~~________
-~~- ~'\'~~~.:.....~-~.~_._-
-,
S C H E D U LEA
Amount of Insurance $225,000.00
Premium $780.00
policy No. 144813
Customer No. 144813
Date of Policy July 20, 1994 at 8:00 a.m.
1. Name of Insured:
COUNTRY STORAGE, A WASHINGTON GENERAL PARTNERSHIP
2 . The estate or interest in the land described herein and which is
covered by this policy is:
FEE SIMPLE ESTATE
3. The estate or interest referred to herein is at Date of Policy vested
in:
ARTHUR J .C. JUSTMAN JR. AND GEORGIA LEE JUSTMAN AS TRUSTEES UNDER
DECLARATION OF TRUST RECORDED MARCH 4, 1987 UNDER RECORDING NO.
8703040081
4. The land referred to in this policy is situated in the State of
Washington, County of Thurston, and is described as follows:
PARCEL 1 OF BOUNDARY LINE ADJUSTMENT NO. BLA-8118, AS RECORDED IN
VOLUME 15 OF BOUNDARY LINE ADJUSTMENTS, PAGES 612 - 615, UNDER AUDITORS
FILE NO. 9406170175.
SITUATE IN THURSTON COUNTY, STATE OF WASHINGTON.
Countersigned
~~
,
mm
S C H E D U L E B
EXCEPTIONS FROM COVERAGE
This policy does not insure against loss or damage (and the Company will not
pay costs, attorneys' fees or expenses) which arise by reason of:
STANDARD EXCEPTIONS
1. Taxes or assessments which are not now payable or 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;
proceedings by a public agency which may result in taxes or
assessments, or notices of such proceedings, whether or not shown by
the records of such agency or by the public records.
2. Any facts, rights, interests or claims which are not shown by the
public records but which could be ascertained by an inspection of the
land or which may be asserted by persons in possession, or claiming to
be in possession, thereof.
3. Easements, liens or encumbrances, or claims thereof, which are not
shown by the public records.
4. Discrepancies, conflicts in boundary lines, shortage in area,
encroachments, or any other facts which a correct survey of the land
would disclose, and which are not shown by the public records.
5. Any lien, or right to a lien, for labor, material, services or
equipment, or for contributions to employee benefit plans, or liens
under Workmans' compensation Acts, not disclosed by the public records.
6. (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.
7. Right of use, control or regulation by the United states of America in
the exercise of powers over navigation; any prohibition or limitation
on the use, occupance or improvement of the land resulting from the
rights of the public or riparian owners to use any waters which may
cover the land or to use any portion of the land which is now or may
formerly have been covered by water.
8.
Any service, installation,
charges for sewer, water,
disposal, or other utilities
the public records.
connection, maintenance or construction
electricity, or garbage collection or
unless disclosed as an existing lien by
(continued)
S C H E D U L E B
Page 2
...-.;....0;-
SPECIAL EXCEPTIONS
1. The lands described herein have been classified as open space
agriculture land disclosed by notice of assessors tax rolls, and are
subject to the provisions of RCW 84.34, which include the requirement
of a continuation of restricted use in order to continue the present
assessment rate. A change in use can cause an increased assessment
rate for present and past years. Any sale or transfer of all or a
portion of said property requires execution of a notice of compliance
form attached to the excise tax affidavit.
2. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
Yelm Irrigation District
Construct, repair and maintain
canals, flumes and lateral on, over
and across said lots
Lots 6A and 6B
October 17, 1928
Volume 132 of Deeds, page 473
AREA AFFECTED:
DATED:
RECORDED:
3. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
United States of America
To enter and to erect and maintain
electric power transmission lines
and communication lines, etc
December 4, 1941
Volume 169 of Deeds, page 636
360856
DATED:
RECORDED:
RECORDING NO.:
4. EASEMENT AND THE TERMS AND CONDITIONS THEREOF:
GRANTEE:
PURPOSE:
Pacif ic Telephone and Telegraph
Company, a corporation
To construct, reconstruct, operate,
inspect, maintain or remove lines of
telephone and telegraph, or other
signal or communications circuits,
consisting of such underground
cables
November 5, 1957
January 17, 1958
592782
DATED:
RECORDED:
RECORDING NO.:
5. Dedications, as disclosed by the recorded plat of McKenna Irrigated
Tracts.
6. Right of the State of Washington in and to that portion, if any, of the
property herein described which lies below the line of ordinary high
water of the Yelm Creek.
(continued)
_ "r,;iE~;;$::";f,h#.;'~ .,
...;.':":' ~: .:.'-~ -'- ::.;" :::i:..':i.:-.
7. AnY prohibition of or limitation of use, occupancy or improvement of
the land resulting from the rights of the publiC or riparian o~ners to
use any portion ~hich is no~. or haS formerlY been, covered bY ~ater.
S C 11 ED U L E:"
page 3
speoial EXceptions continued
8. Rights and easements of the public for commerce, navigation. recreation
and fisheries.
9 . CONTRACT OF SALE AND TllE TEI<MS AND CONDITIONS THEREOF:
DATED:
RECORDED:
RECORDING NO.:
Arthur J.C, Justman, Jr. and Georgia
Lee Justman as trustee under
declaration of trust recOrded March
4. ~987 under Recording NO.
870304008~
country storage. a washington
General partnershiP
JulY ~, 1994
JulY ~9, ~994
9407~903~2 (E# 22548~)
SELLER:
pURCHASER:
END 01' EXCEP'rIONS
END of SCHEDULE B
.---------
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THIS SKETCH IS PROVIDED, WITHOUT CHARGE, FOR YOUR INFORMATION, AND IS NOT
INTENDED TO SHOW ALL MATTERS RELATED TO THE PROPERTY, INCkUDING, BUT NOT
UMITED TO AREA, DIMENSIONS, EASEMENTS, ENCROACHMENTS, OR LOCATION OF
BOUNDARIES. IT IS NOT A PART OF, NOR DOES IT MODIFY, THE COMMITMENT OR
POLICY TO WHICH IT IS ATTACHED. THE COMPANY ASSUMES NO LIABILITY FOR
ANY MATIERS RELATED TO THIS SKETCH REFERENCE SHOULD BE MADE TO AN
ACCURATE SURVEY FOR FURTHER PARTICULARS.
., DETERMINATION, EXTENT Of LIABILITY AND COIN~UAANCc.
This policy is a contract of indemnity against actual monetary loss or
carnage sustained or incurred by the insured claimant who has sulTered loss
or damage by reason of matters insured against by this policy and only to
the extent herein described.
(a) The liability of the Company under this policy shall not exceed the
least of
(i) the Amount of Insurance stated in Schedule A. or
(ii) the dilTerence between the value of the insured estate or interest as
insured and the value of the insured estate or interest subject to the defect.
lien or encumbrance insured against by this policy
(b) In the event the Amount of Insurance stated in Schedule A at the
Date of Policy IS less than 80 percent of the value of the insured estate or
interest or the full consideration paid for the land. whichever is less. or if
subsequent to the Date of Policy an improvement is erected on the land
which increases the value of the insured estate or interest by at least 20
percent over the Amount of Insurance stated In Schedule A. then this
Policy is subject to the following:
(i) where no subsequent improvement has been made. as to any partial
loss. the Company shall only pay the loss pro rata in the proportion that
the amount of Insurance at Date of Policy bears to the total value of the
insured estate or interest at Date of Policy' or
(ii) where a subsequent improvement has been made. as to any partial
loss. the Company shall only pay the loss pro rata In the proportion that
120 percent of the Amount of Insurance stated in Schedule A bears to the
sum of the Amount of Insurance stated in Schedule A and the amount
expended for the improvement.
The provisions of this paragraph shall not apply to costs, attorneys' fees
and apenses for which the Company IS liable under this policy, and shall
only apply to that portion of any loss which exceeds, in the aggregate, 10
percent of the Amount of Insurance stated in Schedule A.
(c) The Company will pay only those costs, attorneys fees and expenses
incurred in accordance with Section 4 of these Conditions and StipulatIons.
8, APPORTIONMENT
If the land described in Schedule A consists of two or more parcels
which are not used as a single site. and a loss IS established afTecting one or
more of the parcels but not all, the loss shall be computed and settled on a
pro rata basis as If the amount of insurance under this policy was divided
pro rata as to the value on Date of Policy of each separate parcel to the
whole. exclUSive of any improvements made subsequent to Date of Policy,
unless a liability or value has otherwise. been agreed upon as to each parcel
by the Company and the Insured at the time of the Issuance of this policy
and shown by an express statement or by an endorsement attached to this
policy
9. LIMITATION OF LIABILITY
(a) If the Company establishes the title. or removes the alleged defect.
lien or encumbrance, or cures the lack of a right of access to or from the
land. or cures the claim of unmarketability of title, all as insured. 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, including 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 deternlination by a court of
competent jurisdiction, and disposition of all appeals therefrom. adverse to
the title as insured.
(c) The Company shall not be liable for loss or damage to any insured
for liability voluntarily assumed by the insured in settling any claim or suit
WIthout the prior written consent of the Company
10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION
OF LIABILITY
All payments under this policy. except payments made for costs.
attorneys fees and expenses. shall reduce the amount of the insurance pro
tanto.
11 LIABILITY NONCUMULATIVE.
It is expressly understood that the amount of insurance under this policy
shall be reduced by any amount the Company may pay under any policy
insuring a mortgage to which exception is taken in Schedule B or to which
the insured has agreed. assumed, or taken subject, or which is hereafter
executed by an insured and which is a charge or lien on the estate or
interest described or referred to in Schedule A, and the amount so paid shall
be deemed a payment under this policy to the insured owner
12. PAYMENT OF LOSS.
(a) No payment shall be made without producing this policy for
endorsement of the payment unless the policy has been lost or destroyed. in
which case proof of loss or destruction shall be furnished to the satisfaction
of the Company
American Land Title Association Owner's Policy (10-21-87)
Cover Page
Form 1141-36
\b) W n4;n haOUllY dlU.l l.I.U;: GAL\.:lH. v1 lU~;) vI ul.Uih!OI". Uw.~ u\"...... .........
fixed in accordance with these Conditions and Stipulations. the loss or
damage shall be payable within 30 days thereafter
13. SUBROGATION UPON PAYMENT OR SETTLEMENT
(a) The Company's Right of Subrogation.
Whenever the Company shall have settled and paid a claim under this
policy, all right of subrogation shall vest in the Company unaffected by
any act of the insured claimant.
The Company shall be subrogated to and be entitled to all rights and
remedies which the insured claimant would have had against any person or
property in respect to the claim had this policy not been issued. If
requested by the Company, the insured claimant shall transfer to the
Company all rights and remedies against any person or property necessary
in order to perfect this right of subrogation. The insured claimant shall
permit the Company to sue, compromise or settle in the name of the
msured claimant and to use the name of the insured claimant 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
insured claimant, the Company shall be subrogated to these rights and
remedies in the proportion which the Company s payment bears to the
whole amount of the loss.
If loss should result from any act of the insured claimant. as stated
above. that act shall not void this policy. but the Company. in that event.
shall be required to pay only that part of any losses insured against by thIS
policy which shall exceed the amount, if any lost to the Company by
reason of the impairment by the insured claimant of the Company s right
of subrogation.
(b) The Company's Rights Against Non-insured Obligors.
The Company s right of subrogation against non-insured obligors shall
exist and shall include, without limitation, the rights of the insured to
indemnities, guaranties, other policies of insurance or bonds.
notwithstanding any terms or conditions contained in those instruments
which provide for subrogation rights by reason of this policy
14. ARBITRATION
Unless prohibited by applicable law either the Company or the msured
may demand arbitration pursuant to the Title Insurance Arbltrallon Rules
of the American Arbitration Association. Arbitrable matters may include.
but are not limited to, any controversy or claim between the Company and
the insured arising out of or relating to this policy any service of the
Company in connection with its issuance or the breach of a policy
provision or other obligation. All arbitrable matters when the Amount of
Insurance is $1,000.000 or less shall be arbitrated at the option of either the
Company or the insured. All arbitrable matters when the Amount of
Insurance is in excess of $1,000.000 shall be arbitrated only when agreed to
by both the Company and the insured. Arbitration pursuant to this poliCY
and under the Rules in efTect on the date the demand for arbitration IS
made or at the option of the insured. the Rules in effect at Date of Policy
shall be binding upon the parties. The award may include attorneys fees
only if the laws of the state in which the land is located permIt a court to
award attorneys fees to a prevailing party Judgment upon the award
rendered by the Arbitrator(s) may be entered in any court 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.
15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE
CONTRACT
(a) This policy together with all endorsements, if any, attached hereto
by the Company is the entire policy and contract between the insured and
the Company In interpreting any provision of this policy, this policy shall
be construed as a whole.
(b) Any claim of loss or damage, whether or not based on negligence.
and which arises out of the status of the title to the estate or mterest
covered hereby or by any action asserting such claim. shall be restricted to
this policy
(c) No amendment of or endorsement to this policy can be made
except by a writing endorsed hereon or attached hereto signed by either the
President, a Vice President. the Secretary, an Assistant Secretary or
validating officer or authorized signatory of the Company
16. SEVERABILITY
In the event any provision of the policy is held invalid or unenforceable
under applicable law, the policy shall be deemed not to mclude that provI-
sion and all other provisions shall remain in full force and efTect.
17 NOTICES, WHERE SENT
All notices required to be given the Company and any statement in writing
required to be furnished the Company shall be addressed to
TRANSAMERICA 'IITLE INSURANCE COMPANY, 44 Montgomety
Street, Suite 3450, San Francisco. CA 94104
Valid Only If Face Page. Schedules A and B Are Attached
,-_.--~-- ---------.----.--------:..-=.:.--.-.--
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POLlcY
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TITL"E1
INSURA.NC"E1
Issued bY
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44 Montgomery street
suM 3450
San franciSCO. Cf>. 94~04
9_1141-36