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Project Review & Correspondence J" - C,orie S "Plc..a-se.. h'1 v-~doC-. I,; r:/-- J r~rded- I J I., 0 V' f tIl ().e.A t n t ~e'/I?t (tt-/6lA-11J.J/fh I . ~ .1/, ^ t c r, () r fr1 ),t ..;0 rl?(~ v - \I . '~( ~ t-sj'''\ bfre..-~~' ') l 71rl -- DECLARATION OF SHORT PLAT AND COVENANTS t\PN1:} (ql1~OO~ 00300 KNOW ALL MEN BY THESE PRESENTS Lot 3 I {l 1311<. lS ple;J. oJ (Y1c.. Kiu1(\0I 1((\ ~ a,te.c\ +rcJ.. t-S 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 of Yelm Ordinance No 185, and that said subdivision was approved by the City Engineer of the City of Yelm, State of Washington, on the 2..0 f1j day of No V, , 20J}D, as Short Plat No jS{-)() '1>L'r5Y'-- , subject to the following covenants and conditions A) Said described real property may not be further subdivided in any manner to effect a divi,sjon thereof into more than a total of nine parcels within five years from the W ~ day of IVD 1/ , 20 OD 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 5817, 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 (l,., 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 take a natural course after reasonable grading in connection with the improvement of such road for dedication F) No drainage waters on any lot or lots shall be diverted or blocked from their natural II "111111111111111111 IIRF"~R t~MTlI Y LLC _DEe _--"-$18 ee 3327633 Page 1 of 9 12/18, '2SSS 12 3::P Thurston C9.!._~A 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 map (is) (is not) 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 (his/her) (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 dedicate(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) (his/her) (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. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation DATED this If:! day of cJ~g~~ "'HrZOOO , - ~/~ Grantor Grantor Grantor Grantor Grantor Grantor _" "" '" " " "I'" , " IIRF"~R F"~~1ILLV LLC' DE.L $18"BS__ 3327633 Page 2 elf 9 12, '18, 2SSS 12 3JP3P Thlwst on eo, ~A STATE OF WASHINGTON} } ss. COUNTY OF THURSTON } On this day personally appeared before me I ,MIKE 0 iZEAI2. to me known to be the individual_ described in and who executed the within and foregoing instrument, and acknowledged that f(e signed the same as L free and voluntary act and deed, for the uses and purposes therein mentioned GIVEN under my hand and official seal this i%l!Jday of NOTARY PUBLIC State of Washington GARY ERNEST TaKaS CommISIlon ExpIres JULY 25, 2OD3 ~ 49-_ STATE OF WASHINGTON} } ss COUNTY OF THURSTON } On this day personally appeared before me to me known to be the individual_ 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 II 'II' "' II " '" 1111 " IIRF"~R F"~~1 TIt Y L Lr DEe $18 SS 3327633 Page 3 of 9 12, '18,'2SSS 12 J3P Thljt'st on CQ' I~A .- 'i GUARANTEE - (CL T A Form) Rev 6/6/92 :" _ ... ~_~ '=.-_~ :..._;, _..... ~~ _,-0---.- _ GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS 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 MATTER SHOWN THEREIN, STEWART TITLE GUARANTY COMPANY a corporation, herein called 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. STEWART TITLE GUARANTY COMPANY ~~d~~ 1IIIIIIIlJlI"......//...............~...., """ ,<S" ~.S'~~4 ~%. l~~. .... ~~ '\. ~ "': <v~RPOR4 "~" ~~;~ -*- '1,:-<~ ~~~. 1 9 0 8 lti 1 \'*.*.*l' "'ri.X.A-c; 11111\\\\ ............,//'//1//111111111 "I "" '" " " '" \II " " nRF"~R F"~MTI LV LLC DEL J18 Sfl 3327633 Page 4 of 9 12,'18, '2SSS 12 33F' ThlJr_st9n ~9' 4A Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional lIabillt . or assurances other than as contained herein. please contact the company for further information as to the availablility and cost. ~~~!r~: G 1578- 3 6 9 0 5 In writing the Company please address it at POBox 2029, Houston, Texas 77252, and refer to the printed Serial Number po SUBDIVISION GUARANTEE File Number 97217-JF Guarantee No G-1578-36905 Date of Policy 05/31/2000 Amount of Liability $1,00000 SCHEDULE A Customer Reference Our Number' Effective Date 97217-JF May 31,2000 at 800 AM Guarantee Premium' Sales Tax: Total $200 00 $16 00 $ 216 00 The assurances referred to on the face page are That, according to those public records which, under the recording laws, impart constructive notice of matters relative to the following described property' Lot 3, Block 8, less any portion thereof lying in Rhoton Road along the West in McKenna irrigated Tracts, as recorded in Volume 9 of Plats, page 43 In the County of Thurston, State of Washington Title to said real property is vested in O'Rear Family, L.L.C Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority EXCEPTIONS: 1 Taxes or Assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water 3 Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, rams, or any other structure or improvements, or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description 4 Last half general taxes (payable on or before October 31 without penalty or interest) Year 2000 Amount billed $4,584 04 Amount paid $2,292.02 Amount due $2,292.02 Tax Parcel No 64300800300 (TCA 170) Census Tract No N/A 1111111111111111111111 IiR~~R ~~~1T I I \' I II~ DEe $18 es_ 3327633 Page 5 of 9 12, '18/2SSS 12 3JP.' Thw~sJon ee" ~A STEWART TITLE GUARANTY COMPANY Guarantee No' G-1578-36905 ..~ 5 Terms and conditions of the Limited Liability Company Agreement for" O'Rear Family, L.L.C 6 Right of the State of Washington or its successors, subject to payment of compensation therefore, to acquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other property 7 Easement and the terms and conditions thereof granted by instrument: Recorded June 27, 1994 Auditor's File No 9406270264 Grantee the City of Yelm For utility lines and appurtenances 8 Terms and conditions set forth in Ordinance No 260 providing for annexation to the Town ofYelm, recorded January 15,1988 under Auditor's File No 8801150058 9 Exceptions and reservations contained in deed from the State of Washington, whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for fuil payment of all damages sustained by reason of such entry' Auditor's File No 689688 End of Exceptions 1111111111111111111111 IiRF"~R F"~MlIl v Ll r DEe 116 @~ 3327633 Pacw 6 of 9 12:' 18,'2SSS 12 ::JP Thw'st on Co. ~A III~'I .........11 """'J "II Guarantee No. G-1578-36905 STEWART TITLE GUARANTY COMPANY AtiCich merH- (jq) RECE1\r~:D AUG 2 4 2000 AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (L1D/ULlD/LA TECOMER) BY:- ~., THIS INSTRUMENT is entered into this ~ day of ~, 2000, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and ///A"~ c!' /'t-EA/e.. , hereinafter referred to as the "OWNER" WITNESSETH WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington LOT 31N BLOCK 81N THE PLAT OF MCKENNA IRRIGATED TRACTS AS RECORDED IN VOLUME 9 OF PLATS AT PAGE 43, RECORDS OF THURSTON COUNTY, WASHINGTON EXCEPTING THEREFROM THAT PORTION, IF ANY, OF SAID LOT 3 LYING IN RHOTON ROAD ALONG THE WEST BOUNDARY THEREOF SITUATE IN THE CITY OF YELM, THURSTON COUNTY, WA. and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of other affected owners NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows 1 The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter 2 The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners _ Sanitary sewer system improvements, CITY OF YELM dslc:lofficelplandept.cclagreemnt.lid Page 1 II Ii 11111111111111111111 IIRF"~R F"~MTI I Y II r DEC $18 &e 3327633 Page ~ ed' 9 12, '18, '2SSS 12 JJP Thw'steln COI ~A _ Water system improvements, _ Storm water system improvements, ~Street improvements, ~Street lighting improvements, ~Sidewalk improvements, Other A+k~hmen+(lb) which improvements are more specifically described as follows Half street improvements to Rhoton Road shall be to City standards for a commercial collector design 3 The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULlD), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULlD or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved 4 The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described herein above, to accomplish the following At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described herein above, to execute a Petition on behalf of the OWNER for the creation so such LID, ULlD or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated This Special Power of Attorney shall not be affected by the disability of the OWNER. 5 If the OWNER fails to perform in good faith in accordance with this Instrument, it is agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies 6 The OWNER hereby declares that H//<G' ~ ?/fArP,?, t?~~ are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney CITY OF YELM ds\c:\office\plandept.cc\agreemnt.lid Page 2 " 1/" /111111111111111 IiRF"~R F"~M Tll V l.ll~ DEC $18 && 3327633 Page 8 of 9 12, '18, '2SSS 12 J3P Thw'st on Co' ~A A+iachme.n+- (I (: ') 7 This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8 For purposes of RCW 35 43 182, and any LID or ULlD thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof For purposes of RCW 35 72 and RCW 35 91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written CITY OF YELM OWNER(S) By' ~~ ~/Y~ STATE OF WASHINGTON COUNTY OF 7i1UR'57V,.J On this 2/>r:day of A U6tJ$'1 , 20Qt;L, personally appeared before me /VII~;./AEL Ql;?J;2A/2 , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that ~ signed the same as A free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned ) ss NOTARY PUBLIC State of Washington GARY ERNEST TaKaS CloIlmIIaIon ExpIm JULY 2S, 2003 Notary Public in and for the State of Washington, residing at Ot.J/141 J?( II, t.V.A My commission expires. -T. ?t;;~Zt03 CITY OF YELM ds\c:\office\plandept.cc\agreemnt.lid Page 3 11111I1111111111 .111I11 ORE~R F"AMILLV LLC DEe $18 S~ 3327633 PaCle 9 of 9 12~' 18, '2SSS 12 3JP Thllrst on Co' ~A E TRUE & ASSOCIATES LAND SURVEYING POBOX 908 18225 COOK ROAD S E. YELM, WA 98597 360-458-2894 STORM ASBUIL T FOR KENSINGTON GATE 2 (RECHECK 11/15/2000) CB # COOR PT# EXISTING RIM ELEV PLAIN RIM ELEV MEA. INVERT ELEV 22 5645 37811 37825 12" S = 375 88 6" NW= 375 89 21 5644 37949 37977 12" E = 376 04 6" S = 376 74 20 5646 377 98 377 90 12" S = 375.26 12"W=37531 12" N = 375 33 19 5663 381 12 381 19 12" S = 374 03 12" N = 374 05 6" W= 374 93 18 5664 37951 37962 12" N = 373 51 12" SW = 373 51 15" SE = 373 31 13 5665 37915 37920 12" NE = 374 50 12" S = 3744;3 6"W=37488 12 5669 379 09 379 20 12" NW = 375 33 6" SW= 375 69 17 5666 37874 37875 15" S = 372 63 15" NW = 372 78 16 5667 378 37 378 50 15" SE = 372 49 15" N = 372 57 15 5668 376 20 376 34 15" E = 372.23 15" NW = 372 30 14 5673 37447 37436 15"S=37137 15" W = 371 69 5 5740 37457 37430 18" E = 370 07 15" W = 370 07 15" N = 370 22 CONTROL 5739 STRUCTURE #2 37431 37475 8" BYPASS = 369 54** 18" W = 36971 18" TO POND = 369 53 CONTROL 5738 STRUCTURE #1 372.03 372 00 8" BYPASS = 366 29 18" TOP-OVERFLOW = 369 78 18" FROM POND = 365 95 **PLAN SHOWS 18" BYPASS, BUT 8" BYPASS WAS INSTALLED, AS TOLD TO ME BY DAVE FROM S&W 4-13-00 INV ON 8" BYPASS ARE CORRECT E~ /1 ~ Eddie M True, P L.S LS 24227 Nov 15,2000 Letter/9907ST 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 of Yelm Ordinance No 185, and that said subdivision was approved by the City Engineer of the City of Yelm, State of Washington, on the 2..0 f1:lday of No V, , 20J.}j), as Short Plat No 6Sco'1>L."{5Y'- , subject to the following covenants and conditions. A) Said described real property may not be further subdivided in any manner to effect a divi,sjon thereof into more than a total of nine parcels within five years from the UJ t::::!!: day of IVo 1/ , 20 OD 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 5817, 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 take a natural course after reasonable grading in connection with the improvement 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 I 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 map (is) (is not) 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 (his/her) (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 dedicate(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) (his/her) (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. That these covenants are for the mutual benefit of the grantor and his heirs, successors and assigns and are for the further purpose of compliance with the resolutions and regulations of the appropriate local governmental jurisdiction, and the local government and such persons are specifically given the right to enforce these restrictions and reservations by injunction or other lawful procedure and to recover any damages resulting from such violation DATED this If:! day of cJc-~g~~ zooo , "'Hr ~/s~ Grantor Grantor Grantor Grantor Grantor Grantor STATE OF WASHINGTON} } ss COUNTY OF THURSTON } On this day personally appeared before me I MIKE 0 iZEAI2. to me known to be the individual_ described in and who executed the within and foregoing instrument, and acknowledged that fie 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 i%l!Jday of NOTARY PUBLIC State of Washington GARY ERNEST TaKaS CommISIlon ExpIreI JULY 25, 2OD3 7ao 49-_ STATE OF WASHINGTON} COUNTY OF THURSTON } } ss On this day personally appeared before me to me known to be the individual_ 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 .. ENDORSEMENT ATTACHED TO AND MADE A PART OF SUBDIVISION GUARANTEE G-1578-36905 Issued By STEWART TITLE GUARANTY COMPANY HEREIN CALLED THE COMPANY Order Number' 97217 Charge $ 0 00 The Company hereby assures the Assured that as of the Effective Date hereof, there are no matters shown by the public records affecting the real property described in said Subdivision Guarantee other than those shown under Exceptions in said Guarantee, except. NONE The total liability of the Company under said Guarantee and under this endorsement thereto shall not exceed, in the aggregate, the amount stated in said Guarantee This endorsement, when countersigned below by an authorized signatory, is made a part of said Guarantee and is subject to the exclusions from coverage, the limits of liability and the other provisions of the Conditions and Stipulations therein, except as modified by the provisions hereof Dated October 13, 2000 at 8 00 AM Signed under seal for the Company, but this endorsement is to be valid only when it bears an authorized countersignature. STEWART TITLE GUARANTY COMPANY r ~~~E~~' /... "'\";;;:"!'1~'-,," ~:t~ <...(),PO,.", ~\ t~.+ * ~~-<.\ ,~:' - - <':01 >."". 1908 ,0,,1 '\.~... ... * .... .If -"'.,.::lE.::--' ~/Kd~iJN President Countersigned: :/"'" Authorized Countersignature I .I Pioneer Title Co~pany 525 Pear Street SE Olympia, Washi~gto 98501 Endorsement to Subdivision Guarantee GUARANTEE - (CL TA Form) Rev 6/6/92 GUARANTEE SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND OTHER PROVISIONS OF THE CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS 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 ,t NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN, STEWART TITLE GU AHA NTY COMPA NY a corporation, herein called 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. t. I I I Dated: STEWART TITLE GU A RANTY COMPA NY ~~d~i4KJ \111,,'J/III1II'W/...~~~ \\\\11 '\\\'~.~.F.~4-% l~ ..... ~~'\: ~ '<: <v<:;,~POI/4 ...~ '%: ~~:~ -*- ~:.q % ';;,~ 1 9 0 8 J'" ~ ~~.*.~~l ;:-;;. r...... \\\ %~_ Ex p.. '" 111111\\ --/"'''////1111111111 Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional Ii .. ,or assurances other than as contained herein, please contact the company for further information as to the availablility and cost. Pagelo! G 36905 ~~~~f~ge 1578- In writing the Company please address it at POBox 2029, Houston, Texas 77252, and refer to the printed Serial Number GUARANTEE CONDITIONS AND STIPULATIONS Definition of Terms - The following terms when used in the Guarantee mean: (a) "the Assured'" the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company (b) "land'" the land described or referred to in Schedule (A)(C) 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 (A)(C) or in Part 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 property to purchasers for value and without knowledge. (e) "date'" the effective date. 2. 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. (c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) 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 property, rights or easements are expressly and specifically set forth in said description. (d) (1) 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) which result in no loss to the Assured: or (c) which do not result in the invalidity or potential invalidity of any judicial or non-judicial proceeding which is within the scope and purpose of assurances provided. 3. 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 of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then 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 Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. 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, notwithstanding the nature of any allegation in such action or proceeding. 5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate. - Even though the Company has no duty to defend or prosecute as set forth in Paragraph 4 above: (a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, 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 Assured, Of to prevent or reduce loss or damage to the Assured. The Company 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 the benefit of a holder of a mortgage ora lienholder, the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs, reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase. Such purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability 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, the owner of such indebtedness shall trans- fer and assign said indebtedness, together with any collateral 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 than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or prosecution of any litigation for which the Company has exercised its options under Paragraph 5, and the Guarantee shall be surrendered to the Company for cancellation. (b) To Payor Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant. To payor otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any costs, 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 obligated 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 litigation for which the Company has exercised its options under Paragraph 5. 8. Determination and Extent of Liability - This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and subject to the exclusions stated in Paragraph 2. The liability of the Company under this Guarantee to the Assured shall not exceed the least of' (a) the amount of liability stated in Schedule A, (b) the amount of the 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 Conditions 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 the estate or interest covered hereby as stated herein and the value of the 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 finaldetermination 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 setting any claim or suit without the · prior written consent of the Company SUBDIVISION GUARANTEE File Number 97217-JF Guarantee No G-1578-36905 Date of Policy 05/31/2000 Amount of Liability $1,00000 SCHEDULE A Customer Reference Our Number. Effective Date 97217 -JF May 31,2000 at 800 AM Guarantee Premium. Sales Tax: Total $200 00 $16 00 $ 216 00 The assurances referred to on the face page are That, according to those public records which, under the recording laws, impart constructive notice of matters relative to the following described property. Lot 3, Block 8, less any portion thereof lying in Rhoton Road along the West in McKenna irrigated Tracts, as recorded in Volume 9 of Plats, page 43 In the County of Thurston, State of Washington Title to said real property is vested in O'Rear Family, L.L.C Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority EXCEPTIONS. 1 Taxes or Assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the public records 2. Unpatented mining claims, reservations or exceptions in the United States Patents or in Acts authorizing the issuance thereof; water rights, claims or title to water 3 Title to any property beyond the lines of the real property expressly described herein, or title to streets, roads, avenues, lanes, ways or waterways on which such real property abuts, or the right to maintain therein vaults, tunnels, rams, or any other structure or improvements, or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in said description 4 Last half general taxes (payable on or before October 31 without penalty or interest) Year 2000 Amount billed $4,584 04 Amount paid $2,292.02 Amount due $2,292.02 Tax Parcel No 64300800300 (TCA 170) Census Tract No N/A Guarantee No G-1578-36905 STEWART TITLE GUARANTY COMPANY 5 Terms and conditions of the Limited Liability Company Agreement for" O'Rear Family, L.L.C 6 Right of the State of Washington or its successors, subject to payment of compensation therefore, to acquire rights of way for private railroads, skid roads, flumes, canals, water courses or other easements for transporting and moving timber, stone, minerals and other products from this and other property 7 Easement and the terms and conditions thereof granted by instrument: Recorded June 27,1994 Auditor's File No 9406270264 Grantee the City of Yelm For utility lines and appurtenances 8 Terms and conditions set forth in Ordinance No 260 providing for annexation to the Town of Yelm, recorded January 15, 1988 under Auditor's File No 8801150058 9 Exceptions and reservations contained in deed from the State of Washington, whereby the grantor excepts and reserves all oil, gases, coal, ores, minerals, fossils, etc., and the right of entry for opening, developing and working the same and providing that such rights shall not be exercised until provision has been made for full payment of all damages - sustained by reason of such entry" Auditor's File No 689688 End of Exceptions Guarantee No. G-1578-36905 STEWART TITLE GUARANTY COMPANY ~p< ~1~ ~<:>~ ~'\~ ,< .,u'1 d ~--' _--<0 . "-~~l-- """,__"''''' S<<''''" ". "Z':'C'" ---::,~~5e-'-~~-- ~'" '__-";O'oC3f!-",-!!:'!3? _---'--~~.=r.' n. \ ,,,,.z-l- ___--~"-< .-'" ..~,~'R;w""roq.f.!!,~ II . 'Ill. ' ~ _- ____ / ", " I. r' - "" ",,, $~"< ,. · "".~' L .." .. l' {Q, \. '\ Aj,', " " ' t\> 1J,~f~'<~ c::. / h'?,p " // P"i I /',; '-u / i!l ~9~'1 / 01111 ~~~...'\i ~~'P' (Ill ~l ~ r,lJl!1 ill) .y:ir \ r 0 ~:J~~-l~ .,p f1.,'P i~,\\I r,:l .~~1 /:; -11" ~ /q ~ ~------ r.V<.r::.,IJ.,):,"'\ ~~:<;:5,~~ ,..~S!M i;t;: \;."'~ ,.,,,, "'t;;1J\ ",1)",~..,1l\ ~~~~~~ \,;o,~,^ ~ '10~:::' ~~ :<> :,>:>- ~ 't,':-\:>' '" ~ ~~ ~t't~~,..,~ ~ ~.~,J.~<.~t\~~ ~ ::.;;. ~(J ~'i\l\" <.~ ~ C\'!\'ti:<:':" \A~h \ ~~~~~tn~~ ':-\ rl\\~C\~~~)t- ~ :C:~.l' ",C\ l:i\:.. C) ~ ~~~~lb,'cl'\~ ~ ~~~~~~~~ ~ ~ ~~)i~~~~i ~ ~ ~l~ ~~\S l::. ~C\3 ~-::tTil' '< ...~~ I::l~~~ '\ ~ ""~ iii "';i;. '\ :<:. '<.:::.:,::>: !:>t::. ~ "" ~'\ ",.,.'>-" ~ ~~~ ~~<. ~~~ \~~~ ~~~ ~~~~ ~'" ~ ~ il~~ <l ~;: ~~1 :s :s 'C (Jl ~.>9. C t:i..:'%l ~ "'-;.i.:l' fT\ iq ;..:: . ;. 0 ., .. :0 \ . 1 . _:c.o (J) o ~ ~\ i ~ ~ N;\;.' 1 ""'" \C>~~. - . c: -1 ~1l\i 1 =r\ ~1. - ~~ ~ (i \. 0 . ";>', . ~-,-. . \1~ fT\ \r~ ~t R' . t k- \ : ~ \0 \~\ ~ :i~~-\ 'l.t~ 0 0 ~ ~ J:>' ~ ~ ~. ~. ~ a C <<o~ s.c:;O ~~~ ~ \~~ ~~ oz~ : t.fi '~ % 0 0 - .. fT\ -() '€ g ~j ~1 ~ \~~ \ -;......~G> · =r\ :,; 0 '; () . ~1. \~~ ~ J:>' \ fT\ ~ ~; \- 1: VI;;' ~ :;:.. --4. \. ,... ~ ~> ,", .. ~ "b. ,/..--- // /' /"" 1"7- \ '-;0 \ \ , """'-'-~- -- - ----~-,.,... , . ~~ ~r\ I '$ 1 '.\ \~ \~ ~IA ti~ ~~ tl\Y> , 1-.,'>1 ~1 , "'~ :\\\) ~l\ 1'- ~~'~ ~ ~~ " 1~ ~<;, . .~ , / r~~~ \, r.~ ,\ ~ ' ~\~ . ~ift'~"~--~\~ 'N"" ~-'~ - l~ 1.>< ~\ 'A~ 1'- ~ '\ ~ ~ 'J..:> -..... ~. CP ~UO\ :0 1:~' "P' ~~\o:;() "!',r ~ ;...<. ~,.. -; ':r. ~ ~ ';to - ," ~: ~ ~...; -' G ".(-"If" o _ ~ 0..... %;\~o g. Q.: ;. uo .. ' J;> ~ 1: f.J) ~ '" " . ,:': ~ r;, h.~ ~ii c,~ii c,>:;.~ ,~\::llJ\"''-{'''~''''<.~\\ << ~ I::l ~ ": ~~Si\S~~); ~ ~ Si! ~ ~. :?:. ~~ ~ ~ ~ ~ \t, C\>>~:s.(,~~~~h.~1:i .~ ~~'.\.-~~~~~~\' ~~ ~~\ ~~q,~....<;:>~<<;i';.)\;i <. \l/": t.. <.<1"- ~~ ~.. .~' t;\~~~~~s,~\O\liI:';'ll\ ...% ~ \~~~..~..;~. ~\>>-a~~ ~ \\~ ~~~~ -i \'-'; ,-,.' ~:::~t>, 't$l~;:' ~ <.. ....... -. ...., ~ ~ ~ ' hI~'1:::i \ ~ <:,~ ;~ Jl~ ~'~ ';Q\{), ~ - ~ " ;<: "I ~- '. . ~ ~-:tJ . -~ ~"'" ><,~ \II,;~ . may take any appropriate action under the terms of this Guarantee, whether or not it.shall be Uable hereunder, and shall not thereby concede liability or waive -any provision of this Guarantee. If the Company shall exercise its rights under this paragraph, it shall do so diligently (b) If the Company elects to exercise its options as stated in Paragraph 5(a) 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 jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse judgement 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 expense, shall give the Company all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, 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 Assured under the Guarantee shall terminate. 6. Proof of Loss or Damage - In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided 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 ascertain 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 loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the Assured 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 Guarantee, which reasonably pertain to the loss or damage. Further, 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 all records, books, ledgers, checks, correspondence and memoranda in the custOdy or control of a third party, 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 reasonable judgement 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 parties as required in the above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that claim. 7 Options to Payor Otherwise Settle Claims: Termination of Liability - In case 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 . 10. Reduction of Liability or Termination of Liability. All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses pursuant to Paragraph 5 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 proof 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 loss 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 been 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 subrogated to all rights and remedies of the Assured after the Assured shall have recovered its principal, interest, and costs of collection. 13. Arbitration. Unless prohib~ed by applicable law, either the Company or the Assured may demand arMration pursuant to the Title Insurance Arbitration 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 Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provision or other obligation. All arbitrable matters when the Amount of Liability is $1,000,000 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 $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 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 permits a court to award attorneys' fees to a prevailing party Judgement 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 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 Guarantee 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 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 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 Guarantee and shall be addressed to the Company at POBox 2029 Houston, Texas 77252-2029. STE~ART TITLE Page 4 GU AHA NTY COMPA NY / ,t~. '-:::.Q-:J L':"'::~C::--=-").r- -=-~r..: -:...:-~r......~C=-J'r__~c~ '" ~TIEWA~T TlITlLIE GUARANTY COMPANY ESTABLISHED 1893 INCORPORATED 1908 A NAMIE RECOGNIZED NATIONALLY AS BEING SYNONYMOUS WITH (Ql UJJ ~ [lJ1rV' L, ..t I", f' v n .t'. ~TIEWA~T TlITlLIE GUARANTY COMPANY POBox 2029 Houston, Texas 77252 ""f r " ! "I t'" 'il,. ~ ~~r ---= ~'C: '-+-~c -' >c......: I" 11') RECE-J,'!f-:::O AUG 2 4 2000 AGREEMENT WAIVER OF PROTEST AND SPECIAL POWER OF ATTORNEY (L1D/ULlD/LA TECOMER) BY:- -==-----_.. THIS INSTRUMENT is entered into this -'L day of ~, 2000, by and between the CITY OF YELM, a municipal corporation, hereinafter referred to as the "CITY," and ////(~ c?~A/C , hereinafter referred to as the "OWNER." WITNESSETH WHEREAS, the OWNER holds record title to the following described property located within Thurston County, Washington LOT 31N BLOCK 81N THE PLAT OF MCKENNA IRRIGATED TRACTS AS RECORDED IN VOLUME 9 OF PLATS AT PAGE 43, RECORDS OF THURSTON COUNTY, WASHINGTON EXCEPTING THEREFROM THAT PORTION, IF ANY, OF SAID LOT 3 LYING IN RHOTON ROAD ALONG THE WEST BOUNDARY THEREOF SITUATE IN THE CITY OF YELM, THURSTON COUNTY, WA. and WHEREAS, the CITY has required as a condition of approval of the OWNER's site plan/subdivision for said property that the OWNER participate in the construction of certain utilities and/or street improvements as they directly relate to said property and the OWNER desires that said requirement be delayed until projects are formulated for the joint participation of othe, affected owners NOW, THEREFORE, IT IS HEREBY AGREED BETWEEN THE PARTIES as follows 1 The CITY will delay its requirement for the immediate participation by the OWNER in the construction of certain utilities and/or street improvements, subject to the conditions set forth hereinafter 2. The OWNER will financially participate in the following utility and/or street projects on an equitable basis with other affected property owners _ Sanitary sewer system improvements, CITY OF YELM dslc:lofficelplandeptcclagreemntlid Page 1 _ Water system improvements, _ Storm water system improvements, ~Street improvements, ~Street lighting improvements, ~Sidewalk improvements, Other which improvements are more specifically described as follows. Half street improvements to Rhoton Road shall be to City standards for a commercial collector design 3 The OWNER hereby waives all rights to protest against future Local Improvement District (LID), Utility Local Improvement District (ULlD), or Latecomer Ordinance and Agreement proceedings for the construction of said improvements described in Section 2 herein. For purposes of this Instrument, "rights of protest" shall mean only those formal rights to protest contained within the LID, ULlD or Latecomer Ordinance and Agreement statutes, except, however, nothing herein shall constitute a waiver by the OWNER or the OWNER's heirs, assigns or successors in interest, of the right t object to the OWNER's individual assessment amount or latecomer charge or to appeal to the Superior Court the decision of the Council affirming the final assessment roll or latecomer ordinance and agreement, which rights are specifically preserved 4 The OWNER hereby grants and conveys to the City Engineer of the City of Yelm, or his successor in interest or designee, a Special Power of Attorney to exercise any and all rights of the OWNER, including any purchasers, mortgage holders, lien holders or other person who may claim an interest in the property described herein above, to accomplish the following. At such time as a Local Improvement District, Utility Local Improvement District, or Latecomer Ordinance and Agreement is proposed that would cause said improvements to be made available to the OWNER's property described herein above, to execute a Petition on behalf of the OWNER for the creation so such LID, ULlD or Latecomer Ordinance and Agreement. This special Power of Attorney is granted in consideration of the CITY executing this Instrument, and shall be a power coupled with an interest which may not be terminated This Special Power of Attorney shall not be affected by the disability of the OWNER. 5 If the OWNER fails to perform in good faith in accordance with this Instrument, it IS agreed that the CITY may discontinue utility service to the property described herein, after giving 20 days notice thereof and an opportunity for hearing thereon, or may pursue other equitable or legal remedies 6 The OWNER hereby declares that /-1'//4(;" tI- ~.A~.v)'T t?~d... are the sole owner(s) of the property described herein and has/have full power to commit said property to this Agreement, Waiver of Protest and Special Power of Attorney CITY OF YELM ds\c:\office\plandept.cc\agreemnt.lid Page 2 .. 7 This Instrument constitutes a covenant running with the land and shall be finding on all heirs, assigns, transferees, and successors in interest. 8 For purposes of RCW 3543182, and any LID or ULlD thereunder, the effective term of this Instrument shall be a period of ten years from the date hereof For purposes of RCW 35 72 and RCW 35 91, and any Latecomer Ordinance and Agreement thereunder, the effective term of this Instrument shall be a period of fifteen years from the date such an Ordinance and Agreement becomes effective IN WITNESS WHEREOF the parties hereto have caused this Instrument to be executed the day and year first herein above written CITY OF YELM OWNER(S) By' ~~~y~ STATE OF WASHINGTON ) ss. COUNTY OF 7i1ue"57lJN ) On this 2/~~day of A U6t1:!/j' , 20QfL, personally appeared before me Mlc,!-IAEL. CPG;?A12 , to me known to be the individual(s) and/or corporate officers described in and who executed the within and foregoing instrument and acknowledged that L signed the same as A free and voluntary act and deed on behalf of themselves or as corporate officers of the named corporation with the full authority, for the uses and purposes herein mentioned NOTARY PUBLIC State of Washington GARY ERNEST TaKaS 00nInIIeII0n ExpIreI JULY 25, 2003 Notary Public in and for the State of Washington, residing at OWdI;'I,4, t-VA My commission expires I ?~-?t03 CITY OF YELM ds\c:\office\plandept. cc\agreemnt.lid Page 3 July 10, 2000 Mr Mike O'Rear 3105 Marvin Rd NE Olympia, WA 98516 Re SS-OO-8255-YL - Short Plat Dear Mr O'Rear" The Site Plan Review Committee has considered your application for the above referenced project and finds that as conditioned below, the proposed project is consistent with the Yelm Comprehensive Plan and all applicable City policy's and development standards Pursuant to Chapter 1549, Integrated Project Review Process, a short subdivision is a Type II Permit and can be appealed to the City Council An appeal must be filed within 14 days of the date of this notice The affected property owners may request a change in property tax valuation from the Thurston County Tax Assessor's Office The proiect is approved subiect to the following conditions of approval. 1 The City of Yelm can provide water and sewer to each of the proposed lots However industrial uses and their utility needs vary greatly, therefore capacity and infrastructure needs will be reviewed as projects are proposed for each lot. 2 The extension of utilities and system upgrades (if required) to the site and installation of utilities on-site will be at the developer's expense 3 Burning of large piles of debris on the site will require the applicant to secure any necessary approval and permits form the Department of Natural Resources 4 Frontage Improvements to Rhoton Road are required for the short plat as per City Development Standards The applicant may request a deferral of improvements and enter into an agreement with the City waiving any right to protest the formation of a LID or Latecomer's Agreement. 5 All site development on each lot is required to obtain land use, civil and building approvals and permits Please provide the City with the following to finalize the short subdivision 1 Plat certificate for the parcel '.. i 2. The enclosed Waiver of Protest with notarized signatures of all parties who are listed on the plat certificate 3 Please add the short plat no of SS-00-8255- YL to the face of the final mylar map Preliminary Short Plat approval is valid for five (5) years from the date of this letter Upon failure to submit a final short plat prior to expiration of preliminary short plat approval, no subdivision will be approved without submission and review of a new preliminary short plat. If you have any questions or if I can be of further assistance please contact me at (360) 458-8408 Sincerely, Catherine Carlson Community Development Director Enclsoure cc Shelly Badger Stephanie Connors Tim Peterson Gary Carlson File Page 2 of 2 \ VICIl'JlTY MAP ~ &~) I ~~ ^ / CAr'/~ I e) Ack\ f't,se ~ ~u~cJ, ~t\YliI1 '~ v bJ; V, I) \'V ~ \0V ~ . ~~o~ )uJ\J~ ~ lI' V~ ~ \ ~ j\ ~ (~, 0i 0) v \) ~'\t-{ ~~ ~ ~C() _/ LEGAL DESCRIPTION CITY 0 l' ~ ...- ~ 17 RANGE K.'" sgC'l'lON ~ ,.... --= --'= ORIGINAlJ TRACT (S) 6450060~ ASsESSOR'S pARCEL NO --------- ---- CONDITIONS of APPROVAL RR1GA TED AT PAGE 43, bt-~ o->^ ~ ~ \t> 0"'- w' II I yVI'{> lid' . bv.,l) I yo J . ;\1'>1 H---t C"~)cl yo( J So Of SAID LoT .3 IDARY 1l1EREOf ITY, ViA. (1.41 "".: FOR MIKE o'REAR ~.--- 1l'15 5<01<1PLA T 15 IN~~EO A~ ~~A~': A~'i:gGRAf""cAL ,2 LO" PR8J"'N~~ ADJOINING o""ERsHIPS. ARE oN FILE AND tJnUTY fEA vc' lJ 'UNDER SAID PRELIMINARY PLAT AT n-lf CITY of 'I.-I.ft' ....~,..; - .... ~... NOTE. ?"~': ~:430300 , ;N?LATTED 101 89").8'51" E z~J4 N~ 3ZS.80 \ 0 1 ~ \ ~ ,...001<tJ.61 s.~ ~ ~Q""'"' '),.071.""""- \ 101 89'53'29' E \ 416.30 o \~t\~V',",~;.~ ~ \" 101 89'53'29' E Z ~ 514.32 o ig 3 \:-I '& \' ~ fZ,; t:\ (_15&486.57 s.!:.c o ~ \ <'I ,VW 3.641....-5 ';C ~ \ 101 89'53'29" E ~ ;: \ 617,73 l" 4 ~ \ ~\\ \ O-r ,,1- . . BLOCl<' "3 1011/4 sECTIoN 19 1/2' If' fl). .30' RfW.. TO SE - 1,9 DEDICATED TO THE -- CITY Of yE:LM ~ "P~ U\ ~o~ ~ ~.Z> ~ t.. q '" c \:I4 m 64300800400 :.0: : ~1\9 clR. sEClloN 19 --- @ 9JRfA~ BRASS IJ'-' NE (;OR, sECTIoN 19 1/2' IP fl). pER ROS VC}..27 pG. 174 OT 3 BLOCK 9 64300900400 T.I"'" ~ .., ~ ,,,1{f:T BY fJIlACY /It THOIAAS 1ofEJlf0l.....: RE~ IN VC}.. 27 pG. 17+ THURsToN COUNTY, YlA. E. TRUE: &. ASsoC. I.J.NI2 sURVEYORS J& Wf::97 {:360 ~ "j:68_ 2894 DiTE ~_ CfrY of YW4 AUDITOR'S CERTIFICATE Filed for record tbiB_daY of --- 19 at the request of ~ Auditor' fee No. ~ ---~ ---O;;;;ty -- SlJRvEYOR'S CERTIFICATE .....i.. _..p correcUY represents a suJ"?ll>' ...... ...... d _<1 .>,-"tion in J]'Jtlde bY xne or un er p>J .....--Re ~ conforxnation ,ntb tbe Su!J!l O'~ Act at the request of ~ ---- 011 ~ Reg. }'rOf. 1.5. #~ ~ 2010Pf VICINITY MAP VICINITY MAP SCAlf" ,- - 1/211l.E J Nf/of. SECnOH J9 I~F'FD. 30' R/'N TO BE 19 Dfl)'CA JF:D TO THE - QTY OF l'UM CITY OF YEW SHORT PLAT NO. NW'l/4 OF NEl/4 SECTION ~ T1I'P -1L RANGE 2E ORIGINAL TRACT ASSESSOR'S PARCEL NO(S) LEGAL DESCRIPTION LOT J IN BLOCK B IN THt Pf.A T OF MCKENNA IRRIG,I, TED lRAClS AS RECORDED IN VOLUME 9 OF PLA 15 AT PAGE 4J, RECORDS OF THURSTON COUNTY, WASHINGTON. ~CEPnNG THEREFROM THAT PORTION, IF ANY, OF SAID LOT J L riNG IN RHOTON ROAD ALONG mE Kf:ST BOUNDARY THERHJf" SlTUA TE IN THE CITY OF 'raM, THURSTON COUNTY. WA. PRELIMINARY SHORTPLAT FOR MIKE O'REAR NOTE: THIS SHORTPLA T IS INTENDED TO REPLACE AN EXISTING 12 LOT PREW,IINARY PLAT. ALL DATA SUCH AS TOPOGRAPHICAL AND UTlUTY FEA WRES. ADJOINING OWNERSHIPS. ARE ON FILE A T THE QTY OF YELM UNDER SAID PREUMINARY PLA T, A-PLATTED 22 8430300 kl {/) \ \ \ \ \ \ \ \ I,L' nOT 2 \ @ erR. SCCTKw 19 SURFACE BRASS DISK 19^20 "\ \ "\ "\ \ "\ \ "\ "\ "\ \ "\ "\ "\ "\ "\ /'\ /' "\ /' "\ /// " -< "\ // \ \ /' \ /' \ /'/' \ /' \ /'/' \ /' \ ,/ OT .3 OCK 9 liE COR. SECTION 19 1/2- fP ro. PfR ROS \oQ..21. PC;. rllf OT BLOCK 8 H~ 5'4..32 64300800400 3 158486.57 5oF". .3.64 ACRES N~ e:f7.7J ---- ~ 179295.86 SF. . ~ -f.J2ACRcs \ '6 .~1!__ - W1z'Q8"W j- Ul1Ul'Y EASEMENT 4 OT " ""'~" ~" -'>0 6-tJ00900-tOO (3,J.300800100 nu~ 4J~w 843008DOSOO t SCALE: '-=200 FITT ...- --.......... o 100 200 .fOO WERIOIAH: SURlIEY BY ERACY .. 7HOWAS R6:XJRDCD IN Kl... 27, PC. 174- lHURSTCW COtWTY, \fA .DP2Jt&!Qt/llf,.'.eooe E. TRUE &: ASSDC. LAND SURVEYORS P.O. BOX 9D8 l!Jf; !!o-~81 - WARNING City 01 Y.1m hu no rupol1S1billty to buUd. lmproge, malntaln or otberw1se :terrlce the prl'9lllu, I'OIU:f8 trltbtn or pro'I'idbJg access to property described on tb1s pIat. CONDITIONS OF APPROVAL PL.4NNER- crry OF l'ELIC 1, ~ j ~ ^ ~ ~ ~ ~ ~ DAn: AUDITOR'S CERTIFICATE Filed tor record this_day of _ ~ at the reqgeg of CITY OF YE.UI Auditor tee No. Deputy County Auditor SURVEYOR'S CERTIFICATE Th1s map correctly represents a tturvey madtt by mtJ or under my direction in ~o~nr:~~t ~o~rding 0.0_ JUNE_ 2000 ~ lie.. Prof. L.8. 1...2HZZ ZOlOPRE .;, ;.., ( ~ ~ I~- ... \ C' .t ~/ >~~~7/j};}_f: ~ ;;~;;5'- ! City'of Yelm~: , . 105 Ye!m Avenue West PO Box479 Yelm, Washington 98597 (360) 458-3244 August 22, 1995 Mr Mike a/Rear 3105 Marvin Road NE Olympia, WA 98516 Re Preliminary Plat Approval for O'Rear Industrial Park Dear Mr O'Rear' On August 9, 1995 the Yelm City Council granted approval for the 12 - One Acre Industrial Preliminary Plat for your property located on the east side of Rhoton Road, SE, between NP Road NE and Canal Road SE. The following conditions of approval were set by the Council. / y ~~ ~ The applicant shall contribute financially to the Five-Comers intersection improvement and/or the Y -2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan. Contribution is based on the number of automobile trips generated by this site during the p m. peak hour Total pm. peak hour trips estimated to travel through the Five.Comers intersection are twenty-two trips at $300 00 per trip = $6,600 00 The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) Most of the site traffic will travel through the First StreeUYelm A venue intersection. It is expected that traffic operations at this intersection will degrade from a LOS D to LOS E as a result of this project. The applicant and the City will work with WSDOT on signal timing modifications to the traffic control system to help improve traffic operations until other major roadway facilities are implemented around the city center Burning of the large piles of debris on the site will require the applicant to secure any necessary approval and permits from the Department of Natural Resources Frontage improvements to Rhoton Road are required as per City Development Standards. The applicant may request a deferral of improvements and enter into an agreement waiving any right to protest the formation of a LID or Latecomer's Agreement. 6 The proposed drainage plan is to service only the project roadway system and frontage improvements on Rhoton Road. The Final Drainage Plan shall met the requirements of the _ City's Erosion and Drainage Control Manual The plans shall be submitted to the Public Works Department and approved by the City Individual lot drainage will be @ Recyckd papa' -;. ~ :, :;~;i~~;i~{::f::~;;~ :!~,:i:~i:},":",::} , . (;', "7"Mr;;Mlke O'Rear'~"'. .,_'i': '-. ;;.~A~g'list 22:: 1995;-';.1: J ").\" ~:. ' ,;;:.: ,. .page 2 .. " ~A V ,:~ ,0 \~ I .... ~ 'f -.)~ ( -j ~...:o. ~,r _j V~;t~ " installed as required, at the time of application for site specific uses, and treatment will take place on ~ach lot. The extension of utilities and system upgrades (if reguired) to the site and installation of utilities on-site will be at the developer's expense ~.~ ~ ~{Q.; &~~ ~ I ' The City of Yelm can provide water and sewer to the proposed project site However, industrial uses and their utility needs vary greatly, therefore capacity and infrastructure needs will be reviewed for each lot during the individual site plan review process. The Public Works Department suggested the following modification to the Commercial Collector standard. 1) the 17' stormwater treatment swale required on each side of the centerline be eliminated if the site stormwater is tightlined to the detention pond.. Tightlined stormwater must meet the requirements of the Yelm Erosion and Drainage Control Manual, 2) two - 12' traffic lanes are required, 3) two - 8' paved shoulders are required, 4) two- 6' planter strips are required and 5) one - 5',sidewalk is required The modified commercial collector will require a 57' right-of-way plus the 10' utility easement on both sides of the street. lThese conditions must be met prior to construction and/or final plat approval PLEASERETAIN IN YOUR FILES, THIS LETTER CONSTITUTES APPROVAL OF THE PRELIMINARY PLAT The Preliminary Plat approval was granted under Title 16 of the Yelm Municipal Code Pursuant to the requirements of Title 16, if construction has not substantially begun by August 9, 1998, the preliminary plat approval will expire at that time Title 16 also contains the information on procedures and requirements for Final Plat Approval. Copies of Title 16 are available at City Hall If there are any question, please feel free to contact me at Yelm City Hall, 458-8408 Sincerely, ~ C<<!~ Catherine Carlson City Planner cc: Randy Orth Ken Garmann Shelley Badg~r , Jerry ProCK i,'.l' },{'j J I --,..-. .~~:~"! ~ .~t~:.. ''''';:-'~1.~ y, ..' " '~~:J'/;i~i~~;;~~;L~,'::~"}'\,:"" ". ! ! , , -; ., crt , .~. J:.:':,<' ,~: / ':I;:1!t~~:~~;; ;:i \ /.... < , .J~ j .:.. 1. ~'I~ .J .", CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 YELM CITY ENGINEER I It ~ NOTICE OF APPLICATION Mailed on June 2, 2000 PROJECT NAME AND LOCATION Short Plat, east side of Rhoton Road, just north of the Lasco Site LAND USE CASE SS-00-8255-YL An application submitted by Mike O'Rear for the above referenced project was received by the City of Yelm on May 22, 2000 The City has determined the application to be complete on June 2, 2000 The application and any related documents are available for public review during normal business hours at the City of Yelm, 105 Yelm Avenue W , Yelm WA. For additional information, please contact Cathie Carlson at 458-8408 PROJECT DESCRIPTION Short plat 12 acres into 4 lots. The project site is located in the industrial district. ENVIRONMENTAL and OTHER DOCUMENTS SUBMITTED WITH THE APPLICATION The project is exempt from environmental review Additional Information or Project Studies Requested by the City' The City has not requested any ad1ditional information at this time No preliminary determination of consistency with City development regulations has been made. At minimum, this project will be subject to the following plans and regulations. City of Yelm Comprehensive Plan, Zoning Title (17), Critical Areas Ordinance (14 08), Storm Water Drainage Design and Erosion Control Manual (DOE), Uniform Building Code, State Environmental Policy Act (SEPA) Title (14), Road Design Standards, Platting and Subdivision Title (16), and the Shoreline Master Program. The City of Yelm invites your comments early in the review of this proposal Comments should be directed to Cathie Carlson at Yelm City Hall, PO Box 479, Yelm WA 98597 THE 15-DAY PUBLIC COMMENT PERIOD ENDS AT 5'00 PM ON JUNE 17, 2000 This notice has been provided to appropriate local and state agencies. These recipients, and any others who submit a written request to be placed on the mailing list, will also receive the following items when available or if applicable Environmental Threshold Determination, Notice of Public Hearing and Notice of Final Decision If the proposed project requires a City Council decision, it will be mailed to all those who participate in the public hearing and to anyone else requesting the decision in writing VICINITY MAP VICINITY MAP SCAI.E ," - 1/2 IIU LEGAL DESCRIPTION CITY OF YEW SHORT PLAT NO. NWl/4 OF NE1/4 SECTION J9 T1fP J7 RANGE 2E ORIGINAL TRACT ASSESSOR'S PARCEL NO(S) 1l43008003OO LOT J IN BLOCK 8 IN mE PI...A T OF MO<(NNA IRRIGA TED TRACTS AS OCCORDED IN VOLUME 9 OF PLATS AT PAGE .ofJ, RECORDS OF mURSTON COUNTY. WASHINGTON. EXCEPnNG THffiEFROM THA T PORnON, IF ANY. OF SAID LOT J LYING IN RHOTON ROAD ALONG mE WEST BOUNDARY THEREOF SlTUA IE IN THE CITY OF YEl.J.f, THURSTON COUNTY. WA. NOTE: THIS SHORTPLA T IS INTENDED TO REPLACE AN EXISTING 12 LOT PREUMINARY PLA T. ALL DA TA SUCH AS TOPOGRAPHICAL AND UTIUTY FEA TURES, ADJOINING OWNERSHIPS, ARE ON FILE A T THE DTY OF YELM UNDER SAID PREUMINARY PLAT. t 'I-P:.ATTED H 89"S.T29" [ 5'4..32 3 158486.57 s,F. J,.S4 ACRfS H89'5.rWE. tlf?7:! =.u , \ , , , , , 'I ' .J.I OT.7 , @ em. SCC1KJN 19 SURFACe BRASS DISK 179295.88 Sf. ....12ACR!S ----- ~ w ~,!___-_J - s 3Yl2'08" w ----r UTIUTY [}SElIENT.-l 4 (..4300800100 aT PREUMINARY SHORTPLAT FOR MIKE O'REAR .?:?:':S4JOJOO SCALE: 1"=200 FEET J M/4 SftJJOH 19 Ij'r IP Fa. 30' R;W 10 8E DED'CA TED TO THE OTY OF YnM ....- ----.;;;;;.".j o 100 200 4QO fllV17 \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ "'\ '" \ '" \ ",'" \ '" \ ,( \ // \ ' '" , '" , ",'" , '" , ",'" , '" \ '" aT J ~ BY BRACY It ~AS RECORDED If ~ 27. PC. 174- ~~TY,WA NC COR. SEC110H 19 1/2. II' FD. PfR ROS vot.27, PG. 17. aT BE.OCK 8 6.;'300800400 H!.OCK 9 ,~~, 64J00900.WO '~, .,,}0 .......-.- E. TRUE 4< ASSOC. LAND SURVEYORS P.O. BOX 908 ~ 1ta-"gC! WARNING City of Yelm t,.' has no responm.billty to build, lmproftl, maintaIn or otherwise ~rrice the private roeda within or proYidlng access to property described on this plal r7 CONDITIONS OF APPROVAL PLMlNER- CITY OF YElJ{ DAn" AUDITOR'S CERTIFICATE FIled lor record ~day 01 _ ~ at the request 01 CITY OF YELJI Auditor fee No. Deputy County Auditor SURVEYOR'S CERTIFICATE nus map OOlT"eCtly represents a suney made by me or under my direction In c:curO~~D':~f:f smY O~ording on JUNE 2000 ~ 1Ie6. Prof. LS. 1...M2ZI 2010PRE City of Yelm 105 YeZm Avenue West PO Box 479 YeZm, Washington 98597 (360) 458-3244 DEVELOPMENT REVIEW - COMMUNITY DEVELOPMENT DEPARTMENT (360) 458-8408 DATE ~(JJ60 APPLICANT 1/1/ iL -e...-- PROJECT LOCATION PROJECT SUMMARY () / K_e..t-u~ CASE NUMBER. !(h~(L'p~ 1 {t/-r ~c)lr pld- ~ SllS uO~3L5-:S~-Yc The enclosed project )nfor atio is for your review Please provide written comments or recommendations to Cathie Carlson by - (R Your comments will become part of the record and utilized in the decision-making process by staff, Planning om mission or City Council TYPE OF APPLICATION: V PROPOSED Site Plan Review Planned Residential Development FINAL Preliminary Plat Mixed Use Planned Development V ADMINISTRATIVE Final Plat Master Planned Development PLANNING COMMISSION l-- /Short Plat Home Occupation(s) CITY COUNCIL Conditional Use Short Subdivision or Boundary Line Adj. Boundary Line Adjustment Mobile Home Park TO' r City Administrator V ~ Yelm Parks Advisory Committee V Thurston County Assessor V Community Development Director WSDOT 1/ City Engineer L/ 'Intercity Transit 1/ Building Department I~ ~chool District AiD I/'" City Clerk V 'Y'elm Telephone V Public Works Supervisor V LeMay Garbage Service L,/ Fire Department V Puget Sound Energy L/ rPolice Department L- Viacom Cable Adjacent Jurisdiction ...-. '"' }jD ,- Adjacent Property Owners V r-rhurston County CapCom L---"'" US Post Office - Yelm Thurston County Environmental Health L/ -L>epartment of Ecology Olympic Air Pollution Control Authority // "Yelm Chamber of Commerce WA Dept. Fish & Wildlife - Jim Frasier V Applicant's Engineer and/or Surveyor L/ " Nisqually Indian Tribe Applicant C:\MyFiles\Fonns\DISTRIB WPD m{:mo~~n7J vm To: From: Date Subject: SPRC ,1 CathIe CarlsoN ~ J June 1, 2000 \J-..I SHS-00-8255- YL - Project reVIew schedule for O'Rear Short Plat In addItIon to the nonnal packet I am IncludIng the prelImInary plat approval letter for thIS SIte. The land owner has decIded not to proceed wIth the prelllmnary plat, Instead he wants to create Just four lots. The prelImInary plat approval letter IS Intended to help you evaluate the current proposal and to create the condItIons of approval. Attached IS the applIcatIOn packet for the above referenced proJect. After your InItIal reVIew of the InformatIon submItted, If you need addItIonal InfOnnatIOn from the applIcant, please let me know as soon as possible ThIS project IS exempt from envIronmental reVIew - because of ItS SIze, so the reVIew schedule IS slIghtly dIfferent from other projects recently processed. June 28lh - SPRC project reVIew 1 sl draft of department comments/condItIons of approval July 51h - FInal draft of department comments/condItIons of approval July 12th - Letter of Approval completed. ~. ~'" <)"- / '~ City' of Yelm:-. ... ;' .~' ~ .,;' ., . ';Y;~~Wi%~H \ ~ !'~. t\~t~~~.'.; YELM WASHINGTON 105 Yelm Avenue West PO Box 479 Yelm, Washington 98597 (360) 458-3244 August 22, 1995 Mr Mike O'Rear 3105 Marvin Road NE Olympia, WA 98516 Re Preliminary Plat Approval for O'Rear Industrial Park Dear Mr O'Rear" On August 9, 1995 the Yelm City Council granted approval for the 12 - One Acre Industrial Preliminary Plat for your property located on the east side of Rhoton Road, SE, between NP Road NE and Canal Road SE. The following conditions of approval were set by the Council. 1 The applicant shall contribute financially to the Five-Comers intersection improvement and/or the Y-2 Alternate Route as specified in the 1992 Yelm Comprehensive Transportation Plan Contribution is based on the number of automobile trips generated by this site during the p m. peak hour Total pm. peak hour trips estimated to travel through the Five-Corners intersection are twenty-two trips at $300 00 per trip = $6,600 00 The applicant shall agree to submit an agreement waiving any right the applicant might have to protest the formation of a Local Improvement District (LID or Latecomer's Agreement.) 2 Most of the site traffic will travel through the First StreeUYelm Avenue intersection It is expected that traffic operations at this intersection will degrade from a LOS D to LOS E as a result of this project. The applicant and the City will work with WSDOT on signal timing modifications to the traffic control system to help improve traffic operations until other major roadway facilities are implemented around the city center 3 Burning of the large piles of debris on the site will require the applicant to secure any necessary approval and permits from the Department of Natural Resources 5 Frontage improvements to Rhoton Road are required as per City Development Standards The applicant may request a deferral of improvements and enter into an agreement waiving any right to protest the formation of a LID or Latecomer's Agreement. 6 The proposed drainage plan is to service only the project roadway system and frontage improvements on Rhoton Road. The Final Drainage Plan shall met the requirements of the_ City's Erosion and Drainage Control Manual The plans shall be submitted to the Public Works Department and approved by the City Individual lot drainage will be * R.ecyckd papu "';' ~ " ,;;,~~~\t~~~~~~rf~~~~!~ iiAugust 22'i 1995..; ; Page 2 "?; .,{ ., {; ~ .' I .j" ?- :"< ~ '~ ,.;~ ,( .!, .r. installed as required, at the time of application for site specific uses, and treatment will - take place on ~ach lot. 7 The extension of utilities and system upgrades (if required) to the site and installation of utilities on-site will be at the developer's expense 8 The City of Yelm can provide water and sewer to the proposed project site However, industrial uses and their utility needs vary greatly, therefore capacity and infrastructure needs will be reviewed for each lot during the individual site plan review process 9 The Public Works Department suggested the following modification to the Commercial Collector standard" 1) the 17' stormwater treatment swale required on each side of the centerline be eliminated if the site stormwater is tightlined to the detention pond.. Tightlined stormwater must meet the requirements of the Yelm Erosion and Drainage Control Manual, 2) two - 12' traffic lanes are required, 3) two -8' paved shoulders are required, 4) two- 6' planter strips are required and 5) one - 5'.sidewalk is required The modified commercial collector will require a 57' right-of-way plus the 10' utility easement on both sides of the street. These conditions must be met prior to construction and/or final plat approval. PLEASE RETAIN IN YOUR FILES, THIS LETTER CONSTITUTES APPROVAL OF THE PRELIMINARY PLAT The Preliminary Plat approval was granted under Title 16 of the Yelm Municipal Code Pursuant to the requirements of Title 16, if construction has not substantially begun by August 9, 1998, the preliminary plat approval will expire at that time Title 16 also contains the information on procedures and requirements for Final Plat Approval. Copies of Title 16 are available at City Hall If there are any question, please feel free to contact me at Yelm City Hall, 458-8408 Sincerely, ~Cy~ Catherine Carlson City Planner cc: Randy Orth Ken Garmann Shelley Badg~r , Jerry Proc~ J' ~ I, l,;' J~, ":i ,- .. , <,~'>, .~ ;t~~~~ir:i1i~:';:?~" ':i:~" ;" , " - ., 'l' ,; I 'lo'..r r ~'- ;'~~:: IF, ~- j Z:.'" i:17' ''" " ~.. ."'~: +..tlf~~'~(~ tF,; ~ .. ), \;~ 1j ~'~...:~~~ ~~r j .., '- L~:f'~}1 ~.t. i l~';i