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Hard File Scanned City of Yelm 105 YelmAvenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 April 17, 2001 Mr.& Mrs. Smith 404 Edwards S t. Yelm, WA 98597 Dear Mr & Mrs. Smith. The City along wIth the Chamber of Commerce, the Port of OlympIa and the Thurston County EconomIC Development Council have contracted wIth a consultmg firm to evaluate and analyze the CIty'S Industnal Zoned Area. A component of the study will mclude an evaluatIOn of the zonmg boundanes. If the study finds the zomng of any propertIes wIthm the industnal area IS not consIstent WIth the overall functIOn of the mdustnal area, then the CIty staff will recommend a course of actIOn to the City Council Dependmg on the outcome of the study, the course of action could range between no action to a CIty sponsored rezone of mdIvIdual parcels. If It IS determmed that some propertIes should not be zoned mdustnal, staff would support a City sponsored rezone If the City sponsors a rezone all costs, mcludmg applIcatIOn fees, would be paid by the City If you have any questIOns please contact me at 458-8408 Smcerely, f!dtwC{1L-0 C0Jr----- Cathenne Carlson Commumty Development Duector cc: Shelly Badger C:\ M vFiles\CATH I EIsm i tho wpd ~ ED WARDS STREET . - - -:: -- - - - -1- - ~ - -:K-OF WALK C/) I I tJ I ~ 30 I 30 ~i C/) ~ /" /' /" /' /" /' /" /' /' /' ~ ~ ~ .---- -- N (J) olJ' <'0" "" 0'0" \ 0>0 0--,,- CHAINUNK FENCE ~ <r ~ ~- cJ~. -----~-~.~.l-- ~ ~ ~ ~. ~~ ///------ GU I I ( _Ly) ~ rf V'-" / 0'1~P\ '1 ~0, g~ ~ '~ ~.~O City ofYelm 105 Yelm Avenue West POBox 479 Yelm, Washington 98597 (360) 458-3244 September 5, 2000 Re' 404 Edwards St, Yelm W A - Boundary Lme Adjustment To Whom It May Concern The CIty ofYelm IS requestmg a Boundary Lme Adjustment (BLA) for the property lIsted above. As a person and/or orgamzatIOn WhICh has an mterest m the property your SIgnature IS reqUIred on the Declaration of Boundarv Line Adjustment and Covenants The legal descnptIOn of the parcel IS Parcel 1 of Short SubdIVISIOn No SS-8007, as recorded September 18, 1980 under AudItorS FIle No 1119591 In Thurston County, Washmgton. The CIty owns property (Parcel A on enclosed map) adjacent to the above referenced property (Parcel B on enclosed map) The City's property contams some stormwater faCIlItIes and may accommodate addItIonal faCIlItIes m the future as street Improvement projects occur m the vIcImty The configuratIOn of the current lots would result m the City possibly constructmg stormwater facilItIes nght m front the house located on the above referenced property The proposed new lInes would straighten the property lInes, prOVIde street frontage to the above referenced lot and allow for future City faCIlItIes WIthout Impactmg the above referenced property The BLA IS for an equal trade of property, 1061 93 sq ft of each SIte would be adjusted (see enclosed map) Please SIgn on the appropnate SIgnature lIne on page two of the Declaration of Boundary Line Adjustment and Covenants and have your signature notanzed. Please return the ongmal SIgnature page to CIty ofYelm, Cathenne Carlson, PO Box 479, Yelm WA 98597 I f I can be of aSSIstance or If you have any questIOns please contact me at (360) 458-8408 Smcere1y, Cathenne Carlson Commumty Development DIrector I /1 /1 / 704 / I 040EJJf' / CRf'S / I /~6' uTlJy / EASEMfN T / / I II / S $ // /1 d / / / ~ / / ~ I~, ~ II "-, ,0/ / / La" 2 55_8001 .. t. .,1'01 N~5 LOT' 55_8007 / ~ 6' tS {(, t .;:; ~ ~ CJ "- " ~ "- S~,c, , "- <; -t:J;,A . " ........ DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS That we the undersigned having a real interest in the tract of land described by the declaration, and do hereby declare the herein described adjustment of land certified as Boundary Line Adjustment Number BLA-00-8261-YL , on the day of ,20_, by the Planning Department, subject to the following covenants and conditions 1 That all subsequent deeds will contain provisions for private roads in the manner described herein 2 That all maintenance of any private road described by this declaration shall be by the owners of the parcels having legal access therefrom or their heirs, assigns, or successors, unless and until such roads are improved to the subdivision standards and dedicated to and accepted by the appropriate governmental jurisdiction 3 That any private road will be subject to the further right of the grantor or his successor and of any telephone, electric, gas, water, or sewer company, public or private, to lay or cause to be laid and the right of ingress or egress for the purpose of maintaining telephone, electric, gas, water or sewer pipes, mains, or conduits across a described portion of such road 4 That with respect to any private road described by this declaration whether it remains private or becomes a dedicated road, there is the additional right to make all necessary slopes for cuts and fills, and the rights to continue to drain said roads and ways over and across any lot or lots where the water might take a natural course upon reasonable grading pursuant to improvement for dedication of the roads and ways shown herein Following reasonable grading pursuant to improvement for dedication of the roads and ways shown herein, no drainage waters on any lot or lots shall be diverted or blocked from their natural course so as to discharge upon any public road rights-of-way or to hamper proper road drainage 5 That the adjusted legal description of each of the tracts being adjusted is attached hereto and incorporated by reference as though fully set out herein 6 That additional covenant, easements, restrictions, if any, solely for the benefit of the grantor, and his heirs, successors, and assigns enforceable only by such persons, are attached hereto either as exhibits N/A or as previously recorded under Auditor's File Number 1120564. 3265074. 3283544. 3291684. 1119591. 201291. 201292 and 9309100037 and incorporated by reference as though fully set our herein 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 day of ,20_ Grantor - Travis R. Smith Grantor - Farmers Home Administration US Department of Agriculture Grantor - Sandy L. Smith Grantor - Dorothy Schuchmann Grantor - Chase Manhattan Mortgage Corp Grantor GreenPoint Mortgage Funding, Inc., Grantor - City of Yelm 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 20_ NOTARY PUBLIC in and for the State of Washington residing at 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 ~ NOTARY PUBLIC in and for the State of Washington residing at THURSTON COUNTY TITLE 105 8TH A VENUE SE OLYMPIA, WA 98501 360/943-7300 FAX 360/786-9315 TAX ID 91-0867867 Invoice ~ATE J- ~V01CE · i 8/29/2000 I 114579' ____ _. ___ : _._________ I I~-- ~_.- BILL TO REFERENCE CIty ofYelm POBox 479 Yelm, W A 98597 Attn CathIe Carlson TraVIS R. SmIth Parcel 1 of SS-8007 - . ~.--~---------------- ------ Recording # -~---~.- --- -----_..------- I . TERMS Net 30 j_____.._ __ .__n.n I ~ I I AMOUNT i I ------ -I 200 OOT I 1600 I DESCRIPTION SubdIVISIOn Guarantee Sales Tax 'l--D ? l < <;"71., 00\ f\.^ b(\cP I --.- ------ ------ .___u_ ------ -.--- ---- __.__n. __._____u_ - ____n ------ 1 ---.------- -.-~---- --- -----..-. I Thank you for usmg Thurston County TItle I I i Tota $21600 1_- __.__.__._._~_ ____._ _ _______ ____._ ~__.._ _._..____..._ _._ AUG-24-2000 THU 04:52 PM THURSTON CO TITLE FAX NO. 3607869315 p, 02 . , SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 114579 G-1103-0258 August 22, 2000 at $1,000 00 8:00 a.m. I Name of Assured CITY OF YElM The assuranCes referred to on the facE! page are That, according to those public records which. constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property' Parcel 1 of Short Subdivision NIJ. 85-8007, as recorded September 18, 1980 under Auditor's File No 1119591. In Thurston County, Washington. Title to said real property is vested in. TRAVIS R. SMITH, as his separate estate Subject to the matters shown below under Exceplions. which Exceptions are not necessarily shown in lhe order of their priority EXCEPTIONS General Taxes and assessments, if any, no search having been made thereof; also, taxes or assessments whict1 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 lherein 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 Additional Exceptions: 4 Deed of Trust dated August 25, 1980, recorded August 28, 1980, under File No, 1120564, to secure an Indebtedness of $46,500 00; and any interest, advances or other obligations secured thereby; Grantor. Dorothy Schuchmann, a single person Trustee. Farmnrs Home Administration, United Slales Department of Agriculture, Subdivision Guarantee Page 1 AUG-24-2000 THU 04:52 PM THURSTON CO TITLE FAX NO, 3607869315 p, 03 SCHEDULE A (Continued) File Number 114579 Policy Number' G-l103-0258 Beneficiary' actin!:;1 through the Stab:.! Director of the Farmers Home Administrallon for the St.ate of Washington United States of America, acting through the Farmers Home Administration, United States Department of Agriculture 5 Oeed ofTrust dated November 2,1999, recorded November 10,1999, under File No 3265074. to secure an indebtedness of $84,151 00, and any interest, advances or other obligations secured thereby; Grantor' Travis R Smith and Sandy L Smith, husband and wife Trustee; T D Service Company, Washington Beneficiary' Western Sunrise aka Crossland Mortgage Corp. The beneficial interest under said Deed of Trust was assigned by instrument recorded March 14. 2000, under File No 3283544, to Chase Manhattan Mortgage Corporation, a New Jersey corporation 6 Deed of Trust dated April 28, 2000, recorded May 5,2000, under File No. 3291684, to secure an indebtedness of $15,70000; and iilny Interest, advances or other obligations secured thereby; Grantor' Travi~i R. Smith, A Married Man Trustee Transnation Title Beneficiary' GreenPoint Mortgage Funding, Inc., a corporation 7. Declaration of Short Subdivision and Covenants, Recorded: September 18, 1980 File No 1119~)91 8 Covenants, conditions and restrictions conlained in instrument; Recorded. September 18, 1980 File No. 111 9~i91 9 Easement for electric transmission and distribution line, etc.. together with necessary appurtenances, granted by instrument recorded on November 20, 1928, under File No 201291. to Puget Sound Power & Light Company. a Massachusetts corporation, (Affects a portion of said premises) 10 Easement for electric transmission and distribution line, etc , together with necessary appurtenances, granted by instrument recorded on November 20, 1928, under File No 201292, to puget Sound Power & Light Company, a corporation (Affects a portion of said premises) 11 E:.asement as delineated on the fac::e of the plat. 12. Easement for electric transmissIon and distribution line, elc" together wilh necessary appurtenances, granted by instrument recorded on September 10,1993, under File No 9309100037, to Puget Sound Power & Light Company, a corporation (Affects said premises) End of Schedule B Excephons Subdivision Guarantee Page 2 AUG-24-2000 THU 04:52 PM THURSTON CO TITLE FAX NO. 3607869315 P. 04 SCHEDULE A (Continued) rile Number' 114579 Policy Number; G-I103-0258 NOTES a) At the request of the ~~ssured the following information is provided Last half of general taxes for :2000 in the sum of $597.92. Tax Account No 227-19-240400 (Area Code 170) b) The following abbrevi;;jted legal description is provided as a courtesy to enable tho document preparer to conform with the requirements of RCW 65 04 045, pertaining to standardization of recorded documents Abbreviated Legal Description. Pel 1 SS-8007 5/l SPM/sh 1xc: City of Yelm I Yelm I Cathie Carlson Subdivision Guarantee Page 3 AUG-24-2000 THU 04:53 PM THURSTON CO TITLE ~.," / 1 ,I '", '....~ -. I .. " "'~' · ~UlJ",'" k'"'~'I/:i<71Hi1<i"'!...l~"'~";" :.-, ,.~.1 ...... ,~"-",,,!t.I...e< """,-"p.' ~. '''- 1,_ . "., ~l '- ( , '~" "'" ..'J........,~ l ....... -'l,. ,'!~~. ,.~ \'1,.. .. } ." ~ 1 ".:J. J-'-" >. , ? , ^ ", /"""1 FAX NO, 3607869315 I _.:\..~;"'""~~~,, ..:....:'; p, 05 .".....1'~IlL-l,..i~;.,.-i,~,1:..Il.,. ....'f4" ""'Cl m 5!2 1/ I () "SMO~I 'Ll~LIJV;SIO" '~ S~O~T S~BDIVIS'ON MAP r-, I- OQ I~ \.;>r-i ;[ j ~.. . <, , .~ /' J --) i ,. Ajl,E..l"! ~~l!..av PE..I>\c..ln-:..o To THG.. "iG-Ll'" , F'aR R\~~-r-C>F-""IW PuR~S ~ ~C" --;-~~I ~~~~ I ~;. ~~ I ..- ~~ 1.,&' N ee:~e'5-_ 2"J2.'t ..-\ .~ lJ) ~ .~ >M ..... \ l' I~ I~ @I: l't>I 100 I~ 4'-4 .."..t- ~~ c"q,'v' .,;,)0 1\-,\ ~ ,. _\ /' {I' ..{\~ ~ ~.. " ~V" ~()' 'I~ f;p qV ":J!v " t\ o'r-V c,. ~'" -rl ",v- ...-\ ",," ~". ~..:>-->i/' \I~ ~ 'I~':J ~u I , " ~ 04 ." ~ 1 see ATTACHEO FaR lEGAL Ol;SCR1P110N ___ 1119591 :1 !; i .5- /<1 - <fa CERTIFICATION aF APPROVAL I I1I;Rl;tlY CERTIFY THAl HHS 5HORT SUBDIVISION COMPLIES WITH THE CD~1D1T10NS AS siT ~ORTH IN l'HI;! r~ Dr HlM ORDII'iAI'iCE NO 185 ANI1 IS APPROVED Tf1IS /_~ OAY OF A~u.sr , t9n: SUBJECT TO RECORD"~C WITII THe AUDITOR Or T/1URSTOi,rCQUNTY AND UNOEI( THE CONDITIONS ,SET FORTH l~tI~ ATTACHED DEDICATION OF SllO~T SU90lvislON B,.....r-e .5'kL/O?3' ~.fJ S$OC -1Z-~= C'"' &~ PL S __ .1 ::.-r ' TowN E"Ir.INEER / VOL~~AaE~_ -', ----- -~._._........_-- AOG-24-2000 THU 04:52 PM THURSTON CO TITLE FAX NO, 3607869315 p, 01 I,'ROM ~~ -- THURSTON COUNTY TITLE COMPANY 105 E 8TH AVE OLYMPIA, W A 98501 (360) 943-7300 TItle Fax: (360) 786-9315 Escrow Fax: (360) 357-8562 FAX COVER LETTER DATE_ir~ 4 ~(jb ~.C\-k9Ju.g ~cV\ ~l ~~~F -~ \ ,L\-<Z \ \l\Sl'1 ,-' (IS~ TO FIRM FAX NO. RE: \Ve arc transmItting __pages, including this cover page, If you don't receive all pages please can~=-cl:i;'P, \Y\C\){)\)c1Q ~_at (360) 943-7300. {J4 tu(uJ U(~J / .ll/{1l {Of6U "" Order No.: 114579 , MISCELLANEOUS GUARANTEE flJ tffl @1lJ}1l@ N/@lll. 'it mfW m ~ 'it Jf ll'it lhm l! l!f ~ [f)j lMllF!!@fj@,@!iiJJl>.JlMlW'l !In@o,. \ 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 Pacific Northwest Title Insurance Company, Inc a Washington 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. Dated August 22,2000 at 8:00 a.m. Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish additional liability, or assurances other than as contained herein, please contact the company for further informallOn as to the availability and cost. ~. PACIFIC NORTHWEST TITLE Insurance Compan,). Inc. President CO""'./~~tt Sft P. Me Auth~ed Signatory Company Thurston County Title ComDan 1 05 East 8th Olympia WA 9350 i (360) 943-7300 FAX (360) J;;)\}-S!_ City, State I G.1103. 0258 '1 GUARANTEE CONDITIONS AND STIPULATIONS 1 Delinition 01 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 descnbedor 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, frust deed, or other security instrument. . (d) 'public records'" records established under state statutes at Date of Guarantee forthe 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 Irom Coverage 01 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 01 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 tor which the Company may be liable by virtue of this Guaranfee. If prompt notice shall not be given to the Company, then allliabilify 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 Delend 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 Dption to Delend or Prosecute Actions; Duty 01 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, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise its rights under this 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. Prool 01 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 Dptions to Payor Otherwise Settle Claims: Termination 01 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 pay or settl~ or compromise for or in the name of the Assured any claim which could result in loss to the Assured within the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a 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 transfer 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, shah 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 of 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 01 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 01 Liability (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title, as stated herein. (c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in setting any claim or suit without the prior written consent of the Company. 10. Reduction 01 Liability or Termination 01 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 01 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 Selllement 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 prohibited by applicable law, either the Company or the Assured may demand arbitration 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 1201 Third Avenue, Suite 3800, Seattle, Washington 98101 3055. MISCELLANEOUS GUARANTEE (' SUBDIVISION GUARANTEE SCHEDULE A Office File Number Policy Number Date of Policy Amount of Insurance 114579 G-1103-0258 August 22, 2000 at $1,000 00 8.00 a.m. Name of Assured CITY OF YELM The assurances referred to on the face page are That, according to those public records which, constructive notice of matters relative to the description of which is fully set forth in under the recording laws, impart following described real property. Parcel 1 of Short Subdivision No SS-8007, as recorded September 18,1980 under Auditor's File No 1119591 In Thurston County, Washington. Title to said real property is vested in TRAVIS R. SMITH, as his separate estate Subject to the matters shown below under Exceptions, which Exceptions are not necessarily shown in the order of their priority EXCEPTIONS General Taxes and assessments, if any, no search having been made thereof; also, 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, 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 Additional Exceptions. 4 Deed of Trust dated August 25, 1980, recorded August 28, 1980, under File No 11,20564, to secure an indebtedness of $46,500 00, and any interest, advances or other obligations secured thereby; Grantor' Dorothy Schuchmann, a single person Trustee Farmers Home Administration, United States Department of Agriculture, Subdivision Guarantee Page 1 SCHEDULE A (Continued) File Number 114579 Pohey Number G-II03-0258 Beneficiary' acting through the State Director of the Farmers Home Administration for the State of Washington United States of America, acting through the Farmers Home Administration, United States Department of Agriculture 5 Deed of Trust dated November 2, 1999, recorded November 10, 1999, under File No 3265074, to secure an indebtedness of $84,151 00; and any interest, advances or other obligations secured thereby; Grantor' Travis R Smith and Sandy L Smith, husband and wife Trustee T D Service Company, Washington Beneficiary' Western Sunrise aka Crossland Mortgage Corp The beneficial interest under said Deed of Trust was assigned by instrument recorded March 14, 2000, under File No 3283544, to Chase Manhattan Mortgage Corporation, a New Jersey corporation 6 Deed of Trust dated April 28, 2000, recorded May 5, 2000, under File No 3291684, to secure an indebtedness of $15,70000; and any interest, advances or other obligations secured thereby; Grantor' Travis R. Smith, A Married Man Trustee Transnation Title Beneficiary' GreenPoint Mortgage Funding, Inc., a corporation 7 Declaration of Short Subdivision and Covenants, Recorded September 18, 1980 File No 1119591 8 Covenants, conditions and restrictions contained in instrument; Recorded September 18, 1980 File No 1119591 9 Easement for electric transmission and distribution line, etc , together with necessary appurtenances, granted by instrument recorded on November 20, 1928, under File No 201291, to Puget Sound Power & Light Company, a Massachusetts corporation (Affects a portion of said premises) 10 Easement for electric transmission and distribution line, etc , together with necessary appurtenances, granted by instrument recorded on November 20, 1928, under File No 201292, to Puget Sound Power & Light Company, a corporation (Affects a portion of said premises) 11 Easement as delineated on the face of the plat. 12 Easement for electric transmission and distribution line, etc , together with necessary appurtenances, granted by instrument recorded on September 10, 1993, under File No 9309100037, to Puget Sound Power & Light Company, a corporation (Affects said premises) End of Schedule B Exceptions Subdivision Guarantee Page 2 SCHEDULE A (Continued) FIle Number 114579 Pohey Number G-I103-0258 NOTES a) At the request of the assured the following information is provided Last half of general taxes for 2000 in the sum of $597 92 Tax Account No 227 -19-240400 (Area Code 170) b) The following abbreviated legal description is provided as a courtesy to enable the document preparer to conform with the requirements of RCW 65 04 045, pertaining to standardization of recorded documents Abbreviated Legal Description Pcl 1 SS-8007 s/i SPM/sh 1xc' City of Yelm / Yelm / Cathie Carlson Subdivision Guarantee Page 3 '" " '~ '..", ~ "", <".. '-c.;; .h' ,~ <.' } d , ~ ~"".iI&~,t;"u~:{,;;..~~~iit:t-~~~~j~~.f~-".~-.i;...J,;,,"~-A"i bo-i-t ~.:i.." ,,:,,';~'...l..::i.L}t._.~........",, l.:........:. ;.., ...t- ~....i.l..... " . . '_;"~'~-'~~ J.k::.....,~,,'~...~,;!:l:..! ~.~~'.. ~ ...."....: ..~ , ..... 1 .i i-\ ""'lr..t" r? · , / ~~ . .- .... .. ":'......... :..~;.....- ::. SHORI ~u"LJlviSIO'" . <g 00 "1 /" () SHORT SUBDIVISION MAP n ~, C) 1m ll-.~ 0--<< I~ 1119591 .. -- ~ ~'" ,~ :.1') o -4 >M ....c \ 1 ' I~ IJ 01~ 4'-\ \!:::) 1-"" ~.,rv I~ ;:,. I~ C/q,; 1/' 't/'o 'jJ\ I / \ :Jl ,:i<'/ "j ~ I J/ ~ -<" ".). ~ (ip~ vr<-'l"i>t:7' ~ ~ vI( " '? o - ~(/ V~'l<- f\~8>. Ht.Re..av OE..I>\c-trTl::.o 70 TH~ 'IE:.L.tI\' FoP. R\0H1"-C*'-WAY PuR~~ ~ ~~ ~~" - -~ ~~/ ~~I::?~ I ~;..~~ -- , ~ 272.'t HPlTCHE:D TOIN"-I OF A>,~-r "A" N eeose' E... lot e. If , 1-=100 s- .-<-/ - To 'l" -r1 -I vv' .....~ ..!' ~ ~~v-~ 11..\ ~ \l'.\? U ~ ~ ~ , 1- ;I lc..lo..lllY MAP " SEE ATTACHED FOR LEGAL DESCRIPTION 1 1 CERTIFICATION OF APPROVAL , HEREBY CERTIFY THAl THIS SHORT SUBDIVISION COMPLIES WITH THE CONDITIONS AS SET FORTH IN THE TQ{I~ OF YELM ORDINANCE NO 185 AND IS APPROVED THIS /3 DAY OF A~GlSI- , 19~ SUBJECT TO RECORD H,G WITH THE AUD I TOR OF THUR S TON COUNTY AND UN ER THE CONDITIONS SET FORTH I~E ATTACHED DEDICATION OF SHORT SU9DIVISION B/~ 5;~.ueos ,c-.4ssoc. ~~ ~.&-r=?7 PLS - ..1.sr , rnwN ENGINEER I VOL~~AOE~ / . -~ CITY OF YELM PO Box 479 Yelm WA 98597 360-458-3244 OFFICIAL USE ONLY Fee Dale Received By FileNo. Yl!-;r.M W...SHlfo.J(;TON APPLICATION FOR BOUNDARY LINE - ADJUSTMENT Fee. $100.00 OR LARGE LOT SUBDIVISION Fee $25000, + $10.00 per lot (In addition, any professional service charges per Resolution i!358) _ BoundarY Line Adjustment _ Large Lot Subdivision NAME OF PROJECT _ Owner of Parcel(s) _ Purchaser of Parcel(s) _ Representative APPLICANT (0f.-t o f1 t/ " ,j fAr'-- Mailing Address , City, State and Zip Telephone OWNER Mailing Address City, State and Zip Telephone SURVEYOR Mailing Address City, State and Zip Telephone PROPERTY DESCRIPTION General Location Address of Site (if assigned) Area of Project (in acres, if possible) Area of entire contiguous ownership Of other than above) Section Township Range Assessor's Tax Parcel Number(s)of property included in this application: Zoning District Shoreline Designation (if applicable) Comprehensive Plan/Sub-Area Plan Designation Type of on-site structures (give lot numbers) (SHOW LOCATION AND LABEL EACH STRUCTURE ON MAP) WHAT USES ARE PROPOSED FOR THE VACANT LOTS? The uses must be consistent with zoning. _ Single Family, on Lots _ Duplex, on Lots _ Multifamily, on Lots _ Commercial, on Lots _ Industrial, on Lots IF UNDECIDED, LOTS WILL BE REVIEWED FOR ONE SINGLE-FAMILY RESIDENCE PER LOT. Existing sewage disposal: _ None _ Septic tank '(date installed ) - Sewer (SHOW ON MAP) Proposed sewage disposal: _ None _ Septic tank - Sewer - Other Existing water supply' _ None _ Individual well on lot(s) # (SHOW ON MAP) _ Community Well - Name of System or Owner Municipal Water System - Name of Municipality :1 ~~ ~~ ~ "t~~ Proposed water supply' _ None Individual Wells _ Community Well - Name of System or Owner _ Municipal Water System -- Name of Municipality Special areas on your project site (Show checked areas on map) Creek or Stream River (Name) None (Name) Lake/Pond _ SwamplBog (Name) Cliffs _ Draw/Gully Has a portion of your project site ever flooded? _ Yes, when? No Do not know (If yes, show area on map) BOUNDARY LINE ADJUSTMENTS ONLY Lot # , Lot Area in Square Feet Lot # , Lot Area in Square Feet Lot # , Lot Area in Square Feet Lot # , Lot Area in Square Feet Does the property being subdivided have city/county/state road frontage? _ No Yes City of County _ State If yes, name of road Right-of-Way width of road frontage If no, width and length of private road, easement or right-of-way' feet wide by feet long If property to be divided is accessed by a private road, how many other parcels have access by this road? (Include vacant parcels.) (FOR YELM TOWNHOUSE SHORT PLATS ONLY) 1 For existing townhouse units being short platted Do the common walls meet building and fire codes? Yes No 2. For proposed townhouse units. Has the applicant submitted the following to the Site Plan Review Committee? Yes No (If no, your short plat will be held pending the submittal of those items listed below) A) Buildinq Plans. Typical front and side elevations and exterior architectural treatments of the proposed units. B) Site Plans. Location of buildings in relation to property and lot lines, off-street parking areas, patio and service areas, including garbage disposal areas, landscaping, walls, fences, public and private streets, driveways, all common facilities, open space and walkways. In addition, lot size, percentage of ground coverage and open space shall be included as data on such plan A topographic map shall also be submitted showing existing and proposed contours at two-foot intervals and which locates existing streams, lakes, marshes and other natural features. The requirement of the topographic map may be waived by the Site Plan Review Committee if it deems it not necessary * PLEASE PROVIDE A REDUCED SIZE COPY OF THE SITE PLAN AND/OR BLA, NOT LARGER THAN 11" X 17"