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Title Report / I I '\.....- j ! 1 I I ! 1 " ~, ~ I.:~ ;f~ AMER., c '1 -1- First American Title Insurance Company NatIOnal Accounts Commercial D,vIsIOn 1101 Fourth Avenue, Suite 712 Seattle, Washington 98111-2318 (206) 728-0400 (800) 516-7544 fax. (206) 448-6348 PROJECT NAME 10425 Highway 507 SE Yelm, WA Escrow Number 2687LL 1, fa Form WA-S (6/76) CommItment Face Page ../ COMMITMENT FOR TITLE INSURANCE ISSUED BY First American Title Insurance Company FIRST AMERICAN TITLE INSURANCE COMPANY, herein called the Company, for valuable consideration hereby commits to issue its policy or policies of title insurance, as identified in Schedule A, in favor of the proposed Insured named in Schedule A, as owner or mortgagee of the estate or interest covered h.ereby in the land described or referred to in Schedule A. upon payment of the premiums and charges therefor; all subject to the provisions of Schedules A and B and to the Conditions and Stipulations hereof This Commitment shall be effective only when the identity of the proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent indorsement. This Commitment is preliminary to the issuance of such policy or policies of title insurance and all liability and obll gations hereunder shall cease and terminate six (6) months after the effective date hereof or when the policy or poliCies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of the Company This Commitment shall not be valid or binding until countersigned by an authorized officer or agent '-....- IN WITNESS WHEREOF the Company has caused this Commitment to be signed and sealed, to become valid when countersigned by an authOr/zed officer or agent of the Company all in accordance with its By Laws ThiS Commitment is effective as of the date shown In Schedule A as "Effective Date" FLTst Amencan Tale Insurance Compan)' BY P D r' ~ ATTEST 11/ Jt:-- c. )~L;<. St<~:E c' BY COUNTERSIGN" 0 I ,~< _/ ( . .' ~ ESCROW OFFICER TITLE OFFICER DON PETERS ASSISTANT TRINA DARRELL TELEPHONE NO (360)943-9350 TITLE NO. 74087-1 (UNIT 1) TELEPHONE NO (360)943-9360 ESCROW NO FIRST AMERICAN TITLE INSURANCE COMPANY POBOX 1136, 510 PLUM STREET SE, SUITE 200 OLYMPIA, WASHINGTON 98507 TITLE FAX {360J352-7417- ESCROW FAX (360)754.7663 PRELIMINARY COMMITMENT FOR TITLE INSURANCE TO FATCO - NATIONAL ACCOUNTS - COMMERCIAL DIV 2101 FOURTH AVE , STE 712 SEATTLE, WA 98121 ATTN LAURA LAD REF 2687LL SCHEDULE A 1 EFFECTIVE DATE JULY 11, 2000, AT 8 00 A M PROPOSED INSURED AUTOZONE, INC 2 POLICY{S) TO BE ISSUED TAX AMOUNT PREMIUM OWNERS EXTENDED COV $870,000 00 $2,750 00 $220 00 3 THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN SCHEDULE C AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE EFFECTIVE DATE HEREOF VESTED IN SAFEWAY INC , A DELAWARE CORPORATION I I I I j I ~-- 1. !{t~,}:; .;-.': .' 9 , -' PAGE NO TWO SCHEDULE B SECTION 1 REQUIREMENTS THE FOLLOWING ARE THE REQUIREMENTS TO BE COMPLIED WlTH ITEM (A) PAYMENT TO OR FOR THE ACCOUNT OF THE GRANTORS OR MORTGAGORS OF THE FULL CONSIDERATION FOR THE ESTATE OR INTEREST TO BE INSURED ITEM (B) PROPER INSTRUMENT(S) CREATING THE ESTATE OR INTEREST TO BE INSURED MUST BE EXECUTED AND DULY FILED FOR RECORD SECTION 2 EXCEPTIONS THE POLICY OR POLICIES TO BE ISSUED WILL CONTAIN EXCEPTIONS TO THE FOLLOWlNG UNLESS THE SAME ARE DISPOSED OF TO THE SATISFACTION OF THE COMPANY 1 TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORIIT THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS 2 ANY FACTS, RIGHTS, INTERESTS. OR CLAIMS WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS BUT WHICH COULD BE ASCERTAINED BY AN INSPECTION OF SAID LAND OR BY MAKING INQUIRY OF PERSONS IN POSSESSION THEREOF 3 EASEMENTS, CLAIMS OF EASEMENT OR ENCUMBRANCES WHICH ARE NOT SHOWN BY THE PUBLIC RECORDS 4 DISCREPANCIES. CONFLICTS IN BOUNDARY LINES, SHORTAGE IN AREA, ENCROACHMENTS, OR ANY OTHER FACTS WHICH A CORRECT SURVEY WOULD DISCLOSE, AND WHICH ARE NOT SHOWN BY PUBLIC RECORDS 5 UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF, WATER RIGHTS, CLAIMS OR TITLE TO WATER 6 ANY LJEN, OR RIGHT TO A LIEN. FOR SERVICES, LABOR OR MATERIAL THERETOFORE OR HEREAFTER FURNISHED, IMPOSED BY LAW AND NOT SHOWN BY THE PUBLIC RECORDS 7 DEfECTS, LIENS, ENCUMBRANCES. ADVERSE CLAIMS OR OTHER MATTERS, IF ANY CREATED, FIRST APPEARlNG IN THE PUBLIC RECORDS OR ATTACHING SUBSEQUENT TO THE EFFECTfVE DATE HEREOF BUT PRIOR TO THE DATE THE PROPOSED INSURED ACQUIRES OF RECORD fOR VALUE THE ESTATE OR INTEREST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT 8 INDlAN TRIBAL CODES OR REGULATIONS, INDIAN TREATY OR ABORJGINAL RIGHTS INCLUDING EASEMENTS OR EgUITABLE SERVITUDES NOTE EXCEPTIONS 1 THROUGH 7 SHOWN HEREIN WILL BE OMITTED IN ANY fORTHCOMING AL TA EXTENDED POLICY, AND EXCEPTION 8 WILL BE DELETED IN ANY FORTHCOMING MORTGAGEES POLICY --' j 1 I J ORDER NO . 74087-1 PAGE NO THREE EXCEPTIONS CONTINUED 9 LIEN OF ANY REAL ESTATE EXCISE SALES TAX UPON ANY SALE OF SAID PROPERTY IF UNPAID AS OF THE DATE HEREIN, THE EXCISE TAX RATE IS 1 53% ACCORDING TO THE LATEST PUBLIC NOTICE ISSUED BY THE THURSTON COUNTY RECORDS SECTION CLOSING AGENT SHOULD VERIFY AMOUNT WITH THURSTON COUNTY TREASURER BEFORE CLOSING (360-786-5550) 10 GENERAL TAXES THE FIRST HALF BECOMES DELINQUENT AFTER APRIL 30, 2000 THE SECOND HALF BECOMES DELINQUENT AFTER OCTOBER 31, 2000 YEAR 2000 AMOUNT BILLED AMOUNT PAID AMOUNT DUE $1,401 27 $ 700 64 $ 700 63, PLUS IF DELINQUENT 22730110300 INTEREST AND PENALTY, TAX ACCOUNT NO TCA NO 170 11 UNRECORDED LEASEHOLDS, IF ANY, RIGHTS OF VENDORS AND CP~TTEL MORTGAGES OF PERSONAL PROPERTY AND RIGHTS OF TENANTS TO REMOVE TRADE FIXTURES AT THE EXPIRATION OF THE TERM 12 EVIDENCE OF THE AUTHORITY OF THE OFFICERS OF SAFEWAY INC , A DELAWARE CORPORATION, TO EXECUTE THE FORTHCOMING INSTRUMENT COPIES OF THE CURRENT ARTICLES AND BY-LAWS AND CERTIFIED COPIES OF APPROPRIATE RESOLUTIONS SHOULD BE SUBMITTED 13 QUESTIONS OF LOCATION, BOUNDARY AND AREA, OVERLAPS AND ENCROACHMENTS BY IMPROVEMENTS BELONGING TO THESE OR ADJOINING PREMISES, - ALL DEPENDENT UPON ACTUAL SURVEY FOR DETERMINATION 14 UNDERGROUND EASEMENTS OR SERVITUDES OF WHICH THERE IS NO NOTICE OF RECORD 15 FOR EASEMENTS, RESTRICTIONS, AND OTHER EXCEPTIONS, SEE SCHEDULE B-1 ATTACHED INFORMATION NOTES. (a) NOTE INVESTIGATION SHOULD BE MADE TO DETERMINE IF THERE ARE ANY SERVICE, INSTALLATION, MAINTENANCE, OR CONSTRUCTION CHARGES FOR SEWER, WATER OR ELECTRICITY I 1 I j '1 i ) 1 i 1 , ) --' ORDER NO 74087-1 PAGE NO FOUR INFORMATION NOTES CONTINUED (b) NOTE IN THE EVENT THIS TRANSACTION FAILS TO CLOSE, A CANCELLATION FEE WILL BE CHARGED FOR SERVICES RENDERED IN ACCORDANCE WITH OUR RATE SCHEDULE. (c) NOTE IF THE FORTHCOMING INSTRUMENT(S) IS TO BE EXECUTED BY AN ATTORNEY IN FACT, THE POWER OF ATTORNEY MUST BE SUBMITTED TO THE COMPANY IN SUFFICIENT TIME PRIOR TO CLOSING TO ALLOW AN EXAMINATION OF SAID INSTRUMENT FOR PURPOSE OF DETERMINING ITS VALIDITY (d) NOTE EFFECTIVE JANUARY I, 1997, ALL DOCUMENTS WHICH ARE TO BE RECORDED WITH THE COUNTY AUDITOR'S OFFICE MUST BE IN COMPLIANCE WITH DOCUMENT STANDARDIZATION REGULATIONS AS ESTABLISHED BY THE 1996 STATE LEGISLATURE FAILURE TO COMPLY WILL RESULT IN A REJECTION BY THE COUNTY AUDITOR TO RECORD THE DOCill~ENT THIS NOTE WILL NOT APPEAR IN THE TITLE POLICY (e) NOTE AN ABBREVIATED LEGAL DESCRIPTION IS REQUIRED BY THE COUNTY AUDITOR IF THE FULL LEGAL DESCRIPTION IS NOT CONTAINED ON THE FIRST PAGE OF ALL DOCUMENTS TO BE RECORDED ABBREVIATED LEGAL LOT C, BLA99-8240YL (f) NOTE EXAMINATION OF THE RECORDS DISCLOSES NO MATTERS PENDING AGAINST THE NAME(S) OF AUTOZONE, INC , THE PROPOSED INSURED(S), ACCORDING TO THE APPLICATION FOR TITLE INSURANCE (g) NOTE ADDRESS OF PROPERTY' 10425 HWY 507 SE YELM, WA 98597 AS DISCLOSED BY THURSTON COUNTY TAX ROLLS - END OF SCHEDULE B - KM/BMS 2XC ADDRESSEE I 1 I j ") I I 1 ) 1 ) --' ORDER NO 74087-1 PAGE NO FIVE SCHEDULE B-1 16 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN: CITY OF YELM, A MUNICIPAL CORPORATION AND. E.A.R ENTERPRISES DATED' SEPTEMBER 14, 1994 RECORDED. OCTOBER 18, 1994 RECORDING NO 9410180152 PURPOSE WATERLINE EXTENSION AGREEMENT 17 AGREEMENT AND THE TERMS AND CONDITIONS THEREOF BETWEEN CITY OF YELM, A MUNICIPAL CORPORATION AND EAR ENTERPRISES DATED SEPTEMBER 14, 1994 RECORDED OCTOBER 18, 1994 RECORDING NO' 9410180154 PURPOSE S T E P SEWER EXTENSION AGREEMENT 18 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED APRIL 2, 1999 RECORDING NO 3221955 IN FAVOR OF PUGET SOUND ENERGY, INC , A WASHINGTON CORPORATION FOR SYSTEMS, FACILITIES AND/OR APPURTENANCES FOR TRANSMISSION, DISTRIBUTION AND SALE OF GAS AND ELECTRICITY AFFECTS A 10 FOOT WIDE PORTION OF SAID PREMISES 19 TERMS, COVENANTS, CONDITIONS AND RESTRICTIONS AS CONTAINED IN BOUNDARY LINE ADJUSTMENT NO BLA99-8240YL RECORDED SEPTEMBER 21, 1999 RECORDING NO 3256372 SAID INSTRUMENT CONTAINS PROVISIONS FOR MAINTENANCE OF PRIVATE ROADWAYS 20 TERMS, CONDITIONS AND EASEMENTS DELINEATED ON THE FACE OF SAID BOUNDARY LINE ADJUSTMENT MAP, AS RECORDED UNDER AUDITOR'S FILE NO 3256373 A COPY OF SAID MAP IS HERETO ATTACHED 21 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED DECEMBER 21, 1999 RECORDING NO 3271043 IN FAVOR OF CITY OF YELM, A MUNICIPAL CORPORATION FOR SEWER EASEMENT AFFECTS A PORTION OF SAID PREMISES '..1' l ': , , 0a ~ I 1 I j ) J 1. ORDER NO 74087-1 PAGE NO SIX EXCEPTIONS CONTINUED 22 EASEMENT, INCLUDING TERMS AND PROVISIONS CONTAINED THEREIN RECORDED DECEMBER 21, 1999 RECORDING NO' 3271050 IN FAVOR OF: CITY OF YELM, A MUNICIPAL CORPORATION FOR WATERMAIN EASEMENT AFFECTS A PORTION OF SAID PREMISES - END OF SCHEDULE B-1 - I' -,' SCHEDULE C ORDER NO 74087-1 PAGE NO SEVEN THE LAND REFERRED TO HEREIN IS SITUATED IN THE STATE OF WASHINGTON, COUNTY OF THURSTON AND IS DESCRIBED AS FOLLOWS PARCEL C OF BOUNDARY LINE ADJUSTMENT NO BLA99-8240YL AS RECORDED SEPTEMBER 21, 1999 UNDER AUDITOR'S FILE NO 3256373 IN THURSTON COUNTY, WASHINGTON 1 J I '- - ! i I I J "~:: ,o!l, ."~",, . . ---' f;{A -(/';11t"Y/. "-- - 8Ql..M)ARY LINE ~ MAP SEe 30, T 17N, R 2E, W M S89'~1'l5' 1325..10 19,20 ~ .19'29 FNO BRASS SUR /JON../ COR I03RO l CREEK ST VIS 12/12/99 SCALE: I o I ~, I" · 100' ~' \ 200 PARCEL C PARCEL C · 227:lQIIOJOO Ii ____J ~ u " 550 ~J'IO'( ~ - 539'02 :H'W, .. - N89'OO'IZ'W, . - HOO'S9'SJ't, , Y" N89'.1.1'39'W ~ = HOO'S9 S3'E, '"'' ~~ , '" ""~+v. ',~ ~ .....,\'. , rS 0 . $50'43'10'1: ",. '1> b - 501 01 '20'W, ". So c" N89 00' II ''II, , , ... ~ cl. NOI'OI'20'I:, . '....... e - 161 '07'D~'W, " I .. NJ6 38 15'1: '.... 294 58 105 71 151 06 105 01' 15 00' 159 B8 CURRY CT 5 E a <( o ~ -1 U Z <( > eA[l~EL ~ 182 46' 110 39' liB 67' 153 63' 62 08' 40 01 . FNO BRASS SUR ~ SH COR or NE 1/4 OF HE: 1/4 VIS 12/09/98 PRAIRIE HEIGHTS STRHT 5 E PARCEL B MAIN STORE PROPERTY 1109 YELM AvENUE EAST 227.10110403 r--------------, I I I I I SAFEWAY I I I I t.lAlN I : BUrm I NG : I I L ' I --------_____J f ~" ....... ~ARCE elf A I 22730- LI~~ r. FND 8RASS SURFACE MON CENTER LINE or EXIS TING ROAD l REFERENCE R 0 S PREPARED BY AHR ENGINEERS, IHe PER ArH 3235144 RECORDS Of TINRSTOH COLtlTY PROPOSED PARCELS (SEE ATTACHED LEGAL DESCRIPTIONS) CERTIFICATION or COHrORMAMCE I HEREBY CERTIFY THAT THIS 80UNDARY LINE AOJUSTU(NT CONFORMS WITH THE REOUIREMENTS OF THE PLATTING ANa SuBDIVISION ORDINANCE AS THE ^DJUST),(HT OOES NOT CREATE ANY HEW LOTS CONTAINING INSUFFICIENT LOT AREA AND OIMENSIONS TO MEET THE MINIUUM R(OUIRE~ENTS FOR WIOTH AND AREA FOR BUILDING SITES UfIR(' T" -/1 - 0 I / I \. J.~~/1./ PlANNING DEPARTMENT '7, ' , ,- / / ."'t ~ : FOR AUDITOR S USE ONLY DATE ~ ,.::7 ~ -< r.\) ~ "1 / p JJ--c] 'DD 1\ -\ o '(j -. < 0.('0 :J" P0- CO- o -." If ] :(. 1111111 11II1 11111 II!III \11111111\111111111111~ III1II1I r' '" ~c v"" 8lJ\/1 J74 as 3256373 Pa9i 2 ot 5 6Sl21/1999 a~ 9111 Thvrs l Otl Co, \Iii J '] . :l J :~ jJ i~! t<t:. 1 ':' ~i '[ :/ 1 ". 'r-P." ..' ,- ~t.--~-:r:;.";'{~'~~~J~':--.41 t."'..i\1.~'~I~~I~./":'I.,,'j.; V'r'<1~;.r;"'~~~>~!l~.' ii' 'l\. ' . '.. . ..!, .. .,..' \:1: 0'.. ;,:" .".',.", ';-!,- ;')i.~'" ,( "t~~~1 . ,I . ... t 10',;1 ~:' ~',;,:;C'l~~~yf.;1~.~~ . .' ....... <~~~~i';:;:t:);y . ~ .!:\ ~").;,\,~' ,,'~: I." ;,:1~"\;J1~:)). .~~ .; 'I~^.''!{.-iv: .~':t;{ , .~~ EXH1BIT . A "({~ ;~ W A TERUNE EXTENSION AGREEMENT A. PR01ECf COSTS. ~a. Constructioo TotnI Project Cosl B. LATECOMER FEE. Owner Reichel, Uoyd Norquist, Michael Schoolcraft, [)Qnna Jablonili, Pauline Peu~h,/aclt Peu~r Orren born, Thonw PoUih, Jack Birkland, All Prairie He(ihu, Division 1 Pralrlc Heights, Divhlon 2 Tax Pared Number 217.30-121200 227.30-121~00 227.3(\,130700 227.30-110300 I.---""" 227.30-110400 ..- 227.30-110401 227.30-110402 221-30-1100l3 V 227-30-'4reOO Total Front Footage: S 62~.OO S 38.889.72 $ 39.514.72 A!Se33lIblc Pront Footage 247 96 L.P 259 89 L.F 14723 L.P 483.06 L.F 270.15 L.F 122.24 L.F 140.00 L.F 122.24 L.P. 173.32 L.P. 310.64 L.P 1.026,30 L.F. 3,31503 L.P Cost Per A=blc Front FOOL .. Total COSl Total ASSC3Sablc Front Footage + Projecl Fronl FQOlage S 39.514.72 3,~J5 03 L.F J II $11 92/AFF ,'01 2336 'He: 81 Fil~ He: 3411<)1810152 lot .., .~~ ~ ~ < j Co OPEN SPACE 'J} .....0' .- . .. 13-08 ~ ~) ..tv IJ) &) ~G\ 1-4 ~~ ".. .. ... 0) .. ~O.) "..~ (JJ ~ ~ - lATE COut:R PARCELS PRAIRIE DIVISIONS HEIGHTS 1 & 2 EXHIBIT 99 JB 99 ~!tr~';,;i ~!'.l"ft";:;-::."J\.~..... j -:1;:t"'~'~: '!~:~,-:r-;.1 ~::~~c~J(.,;j.~" ~?;. ~f ~~%~B~.~ 1'<<~"\"~\7! \., 'j ~~~~~~ ~~!~::~: ~ .' . 1""',11' -, "'- i .'\ \( u\~jf,'e~~', :; ~.;~~; ~{\~A:;C~;~~ ~ ~ Jo..J J\"'C.:t..:..-,,~,. q .:,,~'~ '~~t:f~1; ~~ :) I ...... ~ ,...1-,,"- d / ;;: ~~~~C;, ~,' < I ,', ' :'1..' IT\: J.';:, 1 ~- . 1'., 1''-1 '- -'f ',c', ~.~ldf~:~:,cl~':'~.'_ ~ _ -I ~ : ~";.~~~f:.\P;;~!-N .r,"' l . , }." \ ~ :! -:f .:;~ r~0"V. ,jr~~:~ '\ ", ....'t' _, :l ~~'-e:(t.Cl\..(I;""J"~~"'t""1 .~ " ! ~~"'7'""""_- . 'j ~. 1;" 'io~ "':~l"'" .'~ I f or F.' . ~i f;~ \.~J~t,l~~';'(J' Q.-- 'o' '/ il ~, \,\ ",i: .~ .; ), J .. ( ;, it J " ,. "J . '1:~::- ~:(~"..:~'~~~'~' ~HURSTO>> COlHli(~;(f.~~, " Ol.Yl'IPUlI ~, 'V,'ff:Lf"', :0118194 21G4 PM" .' .' .-, REQUEST OF I Ict::'f '. ~?l )J~ S. R~~dl AUDITOR BYl TERRA. DEPUTY ~II 00 Al;RCD !~~il.".'. S T E.P SEWER EXTENSION AGREEMENT TIllS AGREEMENT enu:red into this 11:- day of ~n1e.5a ~ between the CITY OF YELM, a Munici~ corporation, hereinaJ\er referred to as the 'City' and B.A. R. Enler:Ilrhes I herclnafler referred to as the 'Developer' WITNESSETH. WHEREAS, the Developer has extended the City's S T.E.? $ewer system to and through property owned by the Developer by construction of B three Inch S T.E.? $ewer forcemaln together with all 'lalVe3, lilting~, and other nece.uary appurtenanCe3 over the fottowing described route: Connecting to the City's e::uting system at the intenection of State Route 507 and Vancil Road and extending Southerly within tho Vancil Road righl-of-way B distance of 1,968 09 feet. Said system is to sel"it: property owned by the Developer and known aJ Prairie Hllighl3, Divisions I and 2, records of Thurston Counly, WlUhinglon. All constructed in accordance with slandards of the City of Yelm and in accordance with plilIls on file in the office of tile Cily Engint.:er iIIld approved on Oclober I, 1993 WHEREA~, !aId S T E.? sewer fon;emain line passes by properties, lhe <Jwhers of which may wish 10 use said S T E.P sewer in the fUlure, iIIld WHEREAS, the Developer has prepared a llsllng altached to this agreemenl and designated IU Exhlbil 'A', containing the construction C03l3 of !aid S.T E.P sewer exten3ion including applicable said lJU, and legal descriptions of all properties along 3ald line which have not paid their full pro rata share of lhe cost of construction of said S T E.P sewer facility, and WHEREAS, the City Is willing 10 accept 3lLid S T E.P sewer as part of the City's sewer system and in return collect from fulure users of said S. T E.? sewer forcemain their pro rata share of the cost o( said line to be reimbursed to the Developer, now, therefore, it is hereby agreed between the parties as (allows: - l..;' J The City 3hall accept ownership of said S T E.P sewer and facilities and the Developer 3haJI execute any documenu I\~sary to place complete ownership of said lines III the City From the time of acceptance by the City, the facilities shall belong to lhe City and the City shall be responsible for their maintenance and operation and shall be Clllllk,j tll all revenues derives from lhe transmission of sewage through SlIJU lines. 2. For a period of fifteen (15) years from acceptance of the S.T E.P sewer system by the City, the City shall collecl from lhe owners of properlies lisled in E:<hibil "B' prior to allowing connection of said propcrlies 10 Ihe S.T E.P sewer f3cilitics, the (air Vro <lIe ",1 :;"336 jr,iv: 84 F i 1 ~ Ny .9 4 1 0 1 810 1 54 'j " " ~i r,:; .t' ., " .'\.' ~ r :1' ..,~'l) I :il ~: 1"~' t:ll'" ,".t. ,; \...:. . ~ . '/~ . . ...:'~ .;.\.... I ~.. .. ...,...... <:";'.:,:,':,',,~'i~ ,'"\ '.. '.... "\"'~~"'~\':~'~'~m' . '-;,'~' .!f'-:'" ~ .. ...~;.~.:~~~ ~ ',I' ': '\;I~ tt,t.,f,! ~"l:"_ '~~. i. ~.'~~... "'/~.'1 ;:.~ 'i~ '\1 share of the cmt of construction of lhb subject line and shall pay said sums to the DevtJoper Said-Exhibit" A" having been prepared by the Developer. maIl be approved by the City and rw:mled at the Cltpense of the Developer 3. R~ 'Tlbursernent !hall be collected by the City of Ytlm from those tapping into or using uid facility lJ provided In the previous paI1l&raph In accordanal with the following formula on Exhibit "A" The Clty 1h.1l1 deduct ten percent (10%) fl\)m the collected relmbuned AJnOUJlt IlS . fee for administering the terms of this agreement. In the event of the Developer's uJznment of any interest in this contract, written notice then:",i shaiJ be ~Iven to the City or Yelm. Until then, all City paymeniJ to the developu under this contract snail be sent 10 the following address: E.A.R. Enterprises POBox 87~ Yelm, WA 98597 Or to such addres.s as the party of the first part may hereinafter direct in writing. IN WITNESS WHEREOF, the partieJ have hereunto set their hands the day and date tint above written. E.A.R.. ENTERPRISES ~. C -- -~ E. ~, General Partner ~ ;t,. .' .,. STATE OF WASHINGTON) )3$ ) Thurston County On thiJ day personally I1p~ before me fd/~ PJtrl(/anc/ and EJ ~ II rrti . 10 me own 10 be the individuals descnbed in and who Clt uted the wlthm and foregoing instrument, and acknowledged thaI they signed the same as their free and voluntary act and deed, for Ihe use and purposes therein mentioned " l.:d ;:336 ~.g~: 85 F'i 1. ~lv 9410180154 " I.' r. r~l,',\t;.r.;. ~ "A:~;' -""F.\ ~.':J),.l~l.{,:~'YI . :t~~!~; '- - ~ h..lfy~~th. \f I ~I. JJ l' -, ~~~j,;/;',f' JH ~::;!~.~ '\ )O~\,," _ ,. Jlli;g: :~V~.'" fik ',\; ~~j6'''i;'' '~. ",' _~\I/~ . ,;,~;;mf~nfNi!WW]:;'",.,^' c' ~_,-, ~.. .:I::.'1':~~7'l} ~ :1}t'~~2\\S\~;.~ L ! ,1\~ f " ~I .."tjgt::', l:J'.f.'~]l-.;'fJ"'" ;'''1'' -, 1<' .. :; i, .t;ll\:..t"'J:-~;'){j, .......-"''1 t- I ili;;l!~' '.I'\~'{"\::;tljj(} r : to ,', ~~t~~~~1!l~~~~~~;~'~~~'.\I""'I' ."',\',0.. " ..":.... :i''(';'''' "''''i;'t~'\'' ~\ " .......-; .....c;.' J..lI'-~'t", .;.-',k:':".ll"'":""\ -:~. r .~~........~: "'1't. ,'''.I..r ":1>.':\ ~~r.iVI;.':1{;I~S:' . ..~ij~~r};}," '(',"';I'~\ ~ "~)' '~'It! 'oj:~\l ~, ... t ....,:;:. ../",. >,".f, 14::~' .; Sr~\ 'i'" 'k .~:~~f{'~" ....\~, :,.;.~ ~:-'~~.r'; "J :; </ f), day of ,A!uqll~f J J OlVEN under my hand and official seal this 199..:r.. - ~~AU~f). #~~ N Y PUBUC in the StlliCl Washington RC3idink' at q tnt., 11 '( J..\')J).} 1'1 HAl';'; CITY OF YELM. ~/?ItJf4-(f~) M yor Ka yWol Alle3t: ~I ;U -, 't!/)I(.J \ (Llm J.J Ag s Colombo, City Clerk I . AP~_ Sandy Mackie, City Attorney j >1 J IV :='3.36 "'.i~i' 86 Fi'~_ Nu 34::' 0180154 1 ,~ i: \; J I 4 X .; ,-: I ~ .1 ,I .. , , \.' ;.... '"J. ,..-' '...~..~.A I . " I,' ;'(.<i. '~~:"l;; ;lj-!.~~' ~'~..:,~:~)- }.~t,-~P"l~:I~?~~"7(!.~~'t~hP~f!l~ri ,., '\. , ';:,.': ,~-~..:(:}\':.~tr:yr;:VI.~. '.:~' .' ..,.....)., ..."'fl,' :..~. . I: ,"' . .:,.~ i)o''; '~':l.: ;..} t. ..J,,~ "'!: '''':;:.-i:"ty}1 .." '!'o ...;.I'Y.'\l.'l'~ r./".,;'j \ "~ ~ )~ii .~;: "J EXHIBIT . A . S T E.P SEWER EXTENSION AGREEMENT A. pROJECr COSTS Engineering Con$truction Total Project Cost B LATECOMER FEE: Owner Reichel, UoyJ Norquist, Michael Schoolcraft, Donna Jablonski, Pauline Peugh, ~llCk Peugh, Orren !rom, Thomas Peugh, Jack Birkland, AIr Prairie Heights, Division I Prairie Heights, Division 2 Tax Parcel Number 227-30-121200 227-30-121500 227-30-130700 227-30-110300 v 227-30-110400 v- 227-30-1I0401 227-30-110402 227-30-110403 ~ 227-30-140500 ToW Front Footage: S 608,00 S 10.570.4~ S 11.178.45 A:lSe33ab Ie Front Pootage 24796 L.F 25989 L.F 14723 L.F 483 06 L.P 270 15 L.F 122.24 L.F 140.00 L.P 122.24 L.P 175.32 L.P 320 M L.F 1,02630 L.P. 3,3 15 03 L.P Cost Per Asse.unble Fronl Foot EO Total Cost ToW Asse..~ble Front Footage + Projecl Pront Poo!3ge S 11.178.45 3,31503 L.P J J 'J J ... S3 J7/AFF C6 ';::'.336 .I.g~ 87' ;= i 1. I~,j .9 -4 1 0 1 80 1 54- {.. I ( , 1\ '.' 'I ,. ;~... " ~"'.I - .... ~.' - ; ~~'. ~ ~ ~ ~ ...:J ~ .'\ .,II,....;..J,.":.....o('!'AI':~~,:{\t'.j.-l . ............. ~ '\~.\~\~I~.{:jJ\. . .;: ..~i?5'~.:~"~}~~ . ~\' \ ';'~ J' t'\.~:,. . :~ ~;.' OPEN SPACE I' .. 300' .l , i-~ " or: \ "1. ..... (.1 ~#. 13 -<l8 (; ~J W lJ)W ./l(T) ~ ~k';' ...; 0) " t'J0) ~CO Ul ~ ~- LATE COl.4CR PARCELS PRAIRIE DIVISIONS HEJ[GHT~S 1 & 2 EXHIBIT nB9? . 'wlilo. ~f' ,. .j r:! ,"il; jJ. 'I i:.... .--/ RETURN ADDRESS: puget Sound Energy, Inc. Atin: ROW Department 3130 South 38th Street Tacoma, Washington "'.~'-""".XI"'(1 ~~: I . '.; :..J ,..i..... ..;t ... .. \ {~'r,t r ~"'l. U;;('2 - [Jobin L. Hunt, lhu(~\o cas ~:'f EASEMENT REFERENCE II' GRANTOR: SAFEWAY INC. GRANTEE: PUGET SOUND ENERGY, INC. SHORT LEGAL. PTN OF NE 114 30-17N.02E ASSESSOR'S PROPERTY TAX PARCEL. 2273-01 10300 For and in consideration of One Dollar ($1 00) and other valuable consideration In hand paid, SAFEWAY INC., a Delaware corporation iGrentor" herein), hereby conveys and warrants to PUCET SOUND ENERGY, INC., e Washington Corporation ("Grantee" herein). for the purposes hereinafter sel forth. a nonexclusive ,perpetual easement over, under. along across and through the following described real propeny ("Property" herein) in THURSTON County Washington: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST aUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, W.M., OESCRleED AS FOLLOWS: ] BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF THE YELM-BALD HILL ROAD AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE SOUTHEASTERLY ALeNG THE YELM-BALO HILL ROAD 344 FEET; THENCE SOUTHWESTERLY J85 FEET, MORE OR LES3, TO THE INTERSECTiON OF THE EAST LINE OF THE VANCIL ROAD AND THE SOUTH LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER; THENCE ALONG THE EAST LINE OF THE VANCIL ROAD 476 FEET, MORE OR LESS, TO THE POINT OF BEGINNING. SITUATe IN THE COUNTY OF THURSTON, STATE OF WASHINGTON. Except as may be otherwise set forth herein Grantee s rights shall be exercised upon that portion of the Property rEasemenl Area herein) described as follows: An Easement Area _Ten (10)_ feel in width having _Five (5)_ feet of such width on each side 01 a centerline described as follows: The centerline of Grantee's facilities, as now constructed, to be constructed, extended or relocated lying within the above described pa'):ltl, the location to be reasonably approved by Grantor ~ ~/V 1 Purpose. Granlee shaD have the right \0 construct. operate, maintain, repeir replace, improve remove, enlarge. and use the easemenl area lor one or more utility syslems for purposes of transmission. distribution and sale of gas and electricity. Such systems may includ., bul are not limited to: a. Overhead I. cHili.... Poles. towers and other support structures with crossarms, braces. guys and enchors; electrtc transmission and distribution fines; nber optic cable and other lines, cables and facililies for communications; transformers, street lights. meten;, nxtures. attachmenls and any and all other facilities or appurlenances necessary or convenient to any or all of rhe foregoing; and, b. Underground facilities, Conduits. lines. cables. vaults, switches and transformers for electrtcity pipes, pipelines, mains, laterals. conduits. regulalors and feeders for gas nber optic cable and olher lines. cables and facilities for communications; semi-buried or ground-mounted facililies and pads, manholes, meters. fixtures, attachments and any and all other facililies or appurtenances necessary or convenlenllo any or ell of the foregoing, Following the initial construction of all or a portion of ils systems, Glantee may from time to time. construct Buch additional faciJltles as it may require for such systems, Grantee shall have the right of access to Ihe Easement Area over and acrOGS the Property to enable Grantee to exercise Its rights hereunder Grantee shall compensate Granlor for any damage 10 the ProP<lrty caused by the e.erase of such right 01 access by Grantee. OHItlG Gas A E).clne Easement 1111998 t07006072 RNJ 26186 J: , , m'OO~IJDJlml ~/lliU 1IIIiflllll 3221955 ? ag~ I of J BV82/!3S9 114 SsP Thu--stOi) Co. WI .f>< \ CZ -' .' 2. Easement Area Clearing and Maintenance. Grantee shall have the right to cut, remove and dispose ot any and all brush, trees or other vegetation In the Eanmant Area. Grantee .hall al~o have the right 10 control on a continuing basis and by any prudant and reasonable mean&, tha e&labll.hment end growth of brush, treas or oiher vegetation In the Easement Araa" 3. Trees Outside Easement Area. Grantee shall have the right to cut, trim remove and dispose 01 any trees located on the Property oubide the Easement Area that could. In Grenlee 5 sole Judgment. interfere with or create a ha;tard to Grantee's systems, Grantee &hall, prior to the exercise of such riQht, identity such tree. and make a reasonable effort to give Grantor prior notice thai &uch trees will be cut. trimmad, removed or disposed 01 (except that Grantee shall haVll no obligation 10 identify such Irees or give Granlor such prior notice when trees are cut, trimmed, removed or otherwise disposed of in response to emergency conditions), Grentor shall be entities 10 no compensalion lor trees cui, trimmed, removed or disposed 01 except for the actual market value of merchanlable limber (If any) cut and removed from the Property by Grantea. 4. Grantor's Usa of Easement Area. Grantor reserves the right to use the Easement Area for any purpose not inconsistent wilh the rights herein granted, provided, however Grantor shall not construct or maintain any buildings, structures or other objects on the Easement Araa and Granlor shall do no blasting within 300 feal of Grantee's facilities without Grantee's prior wril1en consent. 5. Indemnity Grantee agrees to indemnity Granlor from and again.t liability Incurred by Grantor as a re5ull of Grantea s negligence in the exercise of the rights herein grented to Granlee, but nothing harein shall require Grantee to indemnity Granlor for that ponion of any such liability ~ttrlbutable to Ihe negligence of Granlor or the negligence of others. 6. Abandonment. The rights herein granted shall continue until such time as Granlee ceases to use the Easemenl Area for a period of fIVe (5) successive years, In which event, this easement shalltenninalll and all rights hereunder, and any Improvements remaining in the Easament Area, shall revert to or otherwise become the property of Grantor provided, however that no abandonment shall be deemed to havs occurred by rea SOIl 01 Grantee s failure 10 initially install its syslems on the Easement Area wilhin any period of time from the date hereof, 7 Succenors and Assigns. Grantea shall have the right to assign. apportion or otherwisa transfer any or all of its rights, benafits, privileges and interests arising in and under this easement Without limiting the generality of the foregoing, the rights and obligations of the partJes shall Inure to the benefit of and be binding upon their respactlve successors and Mslgns. DATED this 3rd day 01 March 1999, GRANTOR: SAFEWAY INC 1999, before me, the undersigned, a Nola1y Public in commissioned and sworn, personally appeared to me known to be the person who signed as of SAFEWAY INC., the corporaUon that executed the within and foregoing Instrum , and acknowledged said In.trument to be hls/her free and voluntsry act and deed and Ihe free and voluntary act and ed of SAFEWAY INC. for the us as and purposes therein mentioned; and on oath stated lhal_ was authorized execute the said instrument on behalf or said SAFEWAY INC. It e President BY 1:()Iffl{ Secreta,y STATE OF l~~~~~) COUNTY OF NOTARY PUBUC in end for Ihe Slale or al My Appointment Expires: IN WITNESS WHEREOF I have hereunto set m and and official sealfhe day and year first above written, Nc:Ury Mal I.d IIt"d ..~~ (fluX b. vu.Od. \' m.,o.,. J 'I lllll~ 11111 11111 111111 IIJII 111111111111111111111111111 ~T SOOiO D[RGY UlS SlB BB 3221955 Pag. 2 of ) 84/92/\9'39 64 88P Th.Jrslon Co. IJR , . -,/ ACKNOWLEDGMENT STATE OF CALIFORNIA SS, COUNTY OF ALMffiDA On March J. 1999, before me, Sylvia Burnett, Notary Public, personally appeared Sharman Braff and Jerome P Harrison personally known to me to be the persons who5e names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the Instrument, the persons or the entity upon behalf of which the persons acted, executed the Instrument WITNESS my hand and offiCIal seal. ~) . SYLVIA BURNETT t - COMM 1I11220~ 0 ~~,:;::::.="" ~ I,Iy CorrIn bll'''Jcn. 15,2001 r Sig",,",~ 1111II/1111111111 mil 1II1I 1II1 ~IIIIIIIIII)II ~IIIIII PL&T SOOHO EIlRGY EllS Sl8 6& 3221955 Pagf 3 of 3 O~/82Il99S 84 &8P Th.rs t on Co, WI I 1 tx Return Address City of Yelm Cathie Carlson PO Box 479 Yelm, W A 98597 ! I 1 I "I I I I 1 ] Document titJe(s) (or transactions contained therein). 1 DeclaratJOn of Boundary Line Adjustment and Covenants - BLA-99-8240- YL Reference Number(s) of Documents assigned or released: (on page of documents(s)) Grantor(s) (Last name, first name, mlddle initml) 1 Safcway, Ioe 2 3 4 Grantee(s) (Last name, first name, middle initial) I PublIc 2 Legal Description ( abbreviated' i.e. lot, block, plat or section, township, range) 5Ei tie., SectIon 30 TownshIp 17N, Range 2E. D Additional legal IS on page _ of document Assessor's Property Tax Parcel/Account Number' I 22730110300 22730110400 22730140300 I 111111 " 11111111111111 CITY OF YELM OEe $18 00 3256372 p ag~ 1 of : B9/2 J '1 :J:J9 filj 47/1 Thurs\on Co h'M -,' DECLARATION OF BOUNDARY LINE ADJUSTMENT AND COVENANTS KNOW ALL MEN BY THESE PRESENTS: That we the undersigned having I real Interest In the tract of land described by the declaration; and do herllby d&clara Ill. herein described adluslment of land c;ertifted as Boundary Une Adjustment Number BLA 99-B240-Xr.,nthe Hh deyof September ,1~~, by the Planning Department. Bubject to thll followlnl1 covenants and conditions; 1 That all subsequent deeds will contain provisIons for prtvata roads In the manner described herein. 2. That all maintenance of any prtvala road descrlbed by thi$ declarallon shall be by the ownelO 0' the parcals having lagal accass tharefrom or their heJl'3. assIgns, or succauors, unleS$ and until such road3 are Improved to tha subdMslon standerds and dedicated 10 and IIccepled by ll1e appro pilate govemmental jumdictlon, 3, That any prtvate roed \'.ill be SUbject to the further right 01 tha grantor or his successor and 01 any telephone, electr1c, gas, water, or sewer company, publlc or private, to lay or cause 10 be laid and the right ollnoress or egress for th& purpose ot maintaining telephone, lIll1ctr1c, gas, watar or sewer pipes, mains, or condults across a dllScr1bad porllon of such road. 4 That with respect to any private road dascribed by this declaration whether H remains private or becomes e dedicated road, there Is the eddlllonal rlghtlo make all necessary slopes tor cuts and nlls; and the rights to conUnue 10 drain said roads and ways over and across any lot or lots where tne water mighllake a natlJral COUl'39 upon reasonable grac1lng pu~uant to Improvemenl tor dedlca~on of the roads and ways shown herein. Follo....ing reasonable grading pursuant to Improvem9nl for dadication ot1he roads and ways shown hereln, no drainage waters on any lot or lob shall be diverted or blocked 'rom their natural course so as to discharge upon any public road rlghts-ot-way or to bamper proper roed drainage. 5. thaI the adjU$led legal descrlpUon of each of the tracts being adjusted Is attached hereto and Incorporated by referenca as though fully sat out herein. 6. That addlllonal covenant, easements, reslrictJons, If any, solely tor the benefit of the grantor, and his heirs, successors, and assigns enforceabla only bysuch pel'3ons, sre attached herelo either as exhibits J.'r A or es pre'liously recorded under AUditor's Rle Number and incorporated by reter..nce as though fully set our herein, Thai these covenants are tor the mutual benefit of the grantor and his hellO, successors and assigns and are for the rurthsr purpose of compliance with the resolutions and r69ulations 01 the appropriate local governmental Jurisdiction, and tha local government and suell persons are specifically IIlvan the rioht to entorce lhasa res1rlctlons and reservations by Injunction or other lew/ul procedure and 10 recover any dllmag" rnulllng trom such violation. ~? I ,""''j () .19 c:' Q DATEDlhls '- NV deyo! ~_ ~ , -I- ) \ SAFEIIAY INC Grantor Grantor Grantor Grantor j 1IIIIIIllllt l111l1111J111111IIl111 1II11111 11111 IIIIIW cm OF mn oce $10 86 3256372 P~g~ 2 of 3 89/2111939 as 4?A Thurston Co, UI1 .f." ~ _~ 'd~' "tI> ( J .t 'ft; \. ~. ....,1 ,,, " ,. . .. -_.__.__.._-~~.....~-~..- - ACKNOWLEDGMENT ST ATE OF CALIFORNIA ) ) 5S COUNTYOFALAMEDA ) On July 22. 1999, before me, Sylvia Burnett, Notary Public, personally appeared Shannan Braff and Lmda S MacDonald personally known to me to be the persons whose names are subscnbed to the within instnlment and acknowledged to me that they executed the same 1f\ theIr authorized capaclty, and that by their slgnatures on the Instrument, the persons or the entIty upon behalf of which the persons acted, executed the Instrument. WITNESS my hand and officlal seal Slgnalure ~\~\&\1 ~ ) ~ ~._.~ ~ ~ SYLVIA BURNrn - , ;;;Q) COMM, # 11220~ 0 c: . NOTARY PUBtIC.CAllfOR'NlA ~ o COUNTY OF ALAMEO^ - (Seal).. ~ _ _ ~~:.~r~~, IS,~(lJ~ { 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, Washmgton. Thurston County Auditor By- Deputy " 1111/1 "11111111I11 III CITY [f' YELI1 DEe Wl aa 3256372 Page ~ of 3 88/2l/[989 ~0 4"~ Thurston Co, WJ1 / , . I I I 1 ! 1 J -t7' 2() -:::- Return Address City ofYelm Cathie C2rlson PO Box 479 Yelm, W A 98597 Document title{s) (or transactions contained therein) 1 -~ - ., Boundary Lme Adjustment - BJ .A-99-8240- YL Reference Number(s) of Documents assigned or released (on page of documents(s)) Grantor(s) (Last name, first name, middle initial) 1 Safcway, Ine 2 3 4 Grantee(s) (Last name, first name, middle initial) 1 Public 2 Lc~aJ Description (abbreviated i.e. lot, block, plat or section, township, range) ~INe.', Section 30, Township 17N Range 21- o AddltJOnal legal is on page _ of document Assessor's Property Tax Pllrcel/Account Number' 22730110300,22730110400,22730140300 -" "" 11111 II 111111111 LlTY or YEln 8LAn S74 88 3256373 Page' 1 of S &9!~1 !9SY 89 @In Thurston Co. ~ii . . .' I ElOI.,tIDARY UNE AD.UliMENT MAP SEe 30, T 17N, R 2E, W U S89'''''1~. 1325,JO U J{ -(I '511(\ - YI. SCALE: I o !.~ I 200 19,20 - J~29 fNO BRASS SUR UON~ COR 103RO A CREEK ST VI S 12/12/99 ~ a <( o cr -' u z <( > PARCEL C , 22730110300 ~ -_....../ w u . 550 "3' 10'( v - 539 02 s,.w, .. - N89'00'IZ'W, . . NOO'S9'S3'E, ... Y" N89' 33 ' 39'W . l " NOO'59 53"(, , "....~{I .... -1~ ... ~ci(' .........(' ':.0 0 - SSO 13 10'(, '....,1> b - 501 01 ',o.w So c-N8900'II'W. , ' ':J d - NOI 01 20'(, . "-, t-N5107'O"'W, ...., r = N3B 38 15"( ... " 294 58 105 71 151 06 106 01' I~ 00 159 88 PARCEL A 182 46' 110 39' 118 67' 153 63'.. 62 06' 40 01' fNO BRASS SUR MaN SII Cal or tiE 1/" Of Nf 1/" VIS 12/09/98 PRAIRIE HEIGHTS STRHr S E PARCEL 8 MAIN STORE PROPERTY 1109 Y(LU AVENUE EAST 22730 II 0403 ,--------------.., I I I I : SAFEWA Y : I W,IN I l BUILDING : I I _ I I I..---__________..J ~ e~ l'ARCE 61 A , 22130- b LIIOHX) -- r. "- "- ... ...... '... ..., , rNO BRASS SURfACE MON CENTER UN( Of EXISTING ROAD CURRY CT S E J l '1 I RErERENCE R 0 S PREPARED BY AHR ENGINEERS, INC PER AfN 32J51iA RECOROS Of THURSTON COO'IlY PROPOSED PARCELS (SEE ATTACHED LEGAL DESCRIPTIONS) Cf:RTIF'ICATION Of CONralMANCE I, HEREBY CERTlrV THAT THIS 60UlOARY LINE ADJUSTMENT CONfCflMS WITH THE REOUIREMENTS or THE PLATTING AND SUBDIVISION ORDINANCE AS TH( ADJUSTMENT DOES Nor CREATE ANY NEW lOTS CONTAINING INSUfFICIENT lOT AREA AND DIMENSIONS ro ~ET THE MINI~~ REOUIREMENTS FOR WIDTH AND AREA fOR BUILDINe SITES /' !' 7, ' , .- ',1'-,/,1 n I / PLANNING DEPARTMeNT DATE FOR AUDITOR S USE ONLY .-.. '9 \ " .::;!' :IJ-q ,/ 1)D 1\ - \ ~ Q 'f'J "1 I .. c -<. Q(tl r.O 3'P. ~ CO-+- 0 --t J ! 11111/111111/111111111111111111111111I11111I111111 Ilfl 3256373 p "911 2 of 5 as/WI33S 8:J 81M 'r' e iTY or Yflll BlJU1 174 88 ThvrstO/1 Co. Wl ) .i "I 1 ~ _/ LEGAL DESCRIPTJON(S} OF PARCEL(S} PARCEL A. LOT A, OF SS.o642, VOL 7 PAGE: DESCRIBED AS FOLLOWS: THE NORTHWEST QUARTER OF THE SOUTH EAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILlAMETIE MERIDIAN, THURSTON COUNTY, LYING SOUTHERLY OF ROUTE 507 (YELM AVENUE EAST), EXCEPTING THEREFROM THE SOUTH 385 FEET AS MEASURED ALONG THE WEST LINE, AND EXCEPT THE WEST 30 FEET FOR VANCIL ROAD, INCLUDING THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF -mE NORTHEAST QUARTER LYING SOUTHERLY OF THE STATE ROUTE 507; LESS -mE FOLLOWING DESCRIBED PROPERTY. BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF STATE ROUTE 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE SOUTH 50.43'10' EAST ALONG STATE ROUTE 507 A DISTANCE OF 313.26 FEET, THENCE SOUTHWESTERLY ON A LINE VVHICH INTERSECTS A POINT ON -mE SOUTH BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTIG:/ 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETrE MERIDIAN. SAID POINT BEING 15 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THE DISTANCE ALONG SAID LINE BEING 333,19 FEET TO THE EAST BOUNDARY OF VANCIL ROAD, THENCE NORTH 00.59'53" EAST ALONG THE EAST BOUNDARY OF VANCIL ROAD A DISTANCE OF 259,54 FEET, THENCE NORTH 89"33'39' WEST A DISTANCE OF 15 FEET, THENCE NORTH 00054.53. EAST ALONG THE EAST BOUNDARY OF VANCIL ROAD TO THE POINT OF BEGINNING. PARCEL B: LOT B OF 85-0042, VOL 7 PAGE 73: DESCRIBED AS FOLLOWS: THE SOUTH 385 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMEITE MERIDIAN, THURSTON COUNTY EXCEPTING THEREFROM THE WEST 150 FEET OF THE NORTH 125 FEET OF SAID SOUTH 385 FEET, AS MEASURED AT RIGHT ANGLES ALONG THE WEST LINE OF SAID PREMISES AND ALSO EXCEPT THE WEST 300 FEET OF THE SOUTH 135 FEET OF SAID SOUTH 385 FEET AS MEASURED AT RIGHT ANGLES ALONG THE WEST LINE OF SAIO PREMISES AND EXCEPTING THE WEST 30 FEET OF SAlD SOUTH 385 FEET FOR VANCIL ROAD PARCEL C' BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF STATE ROUTE 507 (YEW AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD THENCE SO\JTH 50043'10" EAST ALONG STATE ROUTE 507 A DISTANCE OF 313.26 FEET THENCE SOUTHWESTERLY ON A LINE WHICH INTERSECTS A POINT ON THE SOUTH BOUNDARY OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER, SECTIOi-l. 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMEITE MERIDIAN. SAID POINT BEING 15 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER OF THE NORTHEAST QUARTER, THE DISTANCE ALONG SAID LINE BEING 333.19 FEET TO THE EAST BOUNDARY OF VANCIl. ROAD, THENCE NORTH 00'59'53' EAST ALONG THE EAST BOUNDARY OF VANCIL ROAD A DISTANCE OF 274.39 FEET, THENCE NORTH 89"33'39" WEST A DISTANCE OF 15 FEET THENCE NORTH 00"59'53. EASTALONG THE EAST BOUNDARY OF VANCIL ROAD TO THE POINT OF BEGINNING, IN THURSTON COUNTY WASHINGTON. I h.reby certify that the abov. '.gal descrlptlon(s) ;Ire ;lccuT1Ite and In compllanct with Subdivision Cods.Slid ducrlptJons (are' (~bued upon & Record.d SlIrvey Sub~ltt.d thIs 3)- J day or SoT,....!,!)- 1 ,19ft ],0'1 T ElJs/e'7 Nom,(o! TltI. Co. Or Surveyor A H R E "f' '" (" c r I'" J 254 j ~ Slgnatur. v f.L 5 ;;F /1) 1 F 'I ;-, 1 111I11 11111 11111 Illllllllf ~IIIIIIIIIII~ 11/1111111111 CITY Of Yill1 !l1\'1 m aa 3256373 p o1g~ 3 of 5 &9/21/1999 &9 8l1i Tht.rs\on Co. UA '. PROPOSED PARCELS NEW PARCEL A. BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE SOUTH 50043'10" EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR 507, A DISTANCE OF 641 80 FEET, TO THE TRUE POINT OF BEGINNING THENCE SOUTH 38038'15" WEST A DISTANCE OF 4'0 01 FEET, THENCE SOUTH 51007'04" EAST FOR DISTANCE OF 6208 FEET, THENCE SOUTH 01001'20. WEST A DISTANCE OF 15363 FEET, TH~NCE SOUTH 89000'11" EAST A DISTANCE OF 118 67 FEET, THENCE NORTH 01001'20. EAST A DISTANCE OF 110 3S FEET TO THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 (YELM AVENUE EAST), THENCE NORTH 50043'10. WEST FOR A DISTANCE OF 18246 FEET ALONG THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 TO THE POINT OF BEGINNING NEW PARCEL S' (Situs Address -1109 Yelm Avenue East, Yelm, WA 98597) THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, THURSTON COUNTY, LYING SOUTHERLY OF SR 507 (YELM AVENUE EAST) EXCEPTING THEREFROM THE WEST 150 FEET OF THE NORTH 125 FEET OF THE SAID SOUTH 385 FEET AND ALSO EXCEPT THE WEST 300 FEET OF THE SOUTH 135 FEET AS MEASURED AT RIGHT ANGLES ALONG THE WEST LlNE OF SAID PREMISES AND EXCEPTING THE WEST 30 FEET OF THE SOUTH 845.21 FEET FOR VANC1L ROAD EXCEPT PARCEL A DESCR18ED AS BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE SOUTH 50043'10" EAST ALONG THE SOUTHERLY RIGHT. OF-WAY OF SR 507, A DISTANCE OF 641 80 FEET, TO THE TRUE POINT OF BEGINNING THENCE SOUTH 38038'15. WEST A DISTANCE OF 4001 FEET, THENCE SOUTH 51007'04" EAST FOR DISTANCE OF 62 08 FEET, THENCE SOUTH 01001'20. WEST A DISTANCE OF 5363 FEET, THENCE SOUTH 89000'11" EAST A DISTANCE OF 118 67 FEET, THENCE NORTH 01001'20. EAST A DISTANCE OF 11039 FEET TO THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF' SR 507 (YELM AVENUE EAST), THENCE NORTH 50043'10. WEST FOR A DISTANCE OF 18246 FEET ALONG THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 TO THE POINT OF BEGINNING J ! 111111111I J 11l1111111111111I!I111111111l11ll1 l fTY or YElN BlAn f?4 ee 3256373 Page 4 vt' ~ as!21/13~~ OJ BIA Thurston Co Wi EXCEPT PARCEL C DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE SOUTH 50043'10" EAST ALONG THE SOUTHERLY R1GHT- OF-WAY OF SR 507 A DISTANCE OF 29458 FEET, THENCE SOUTH 39002'54" WEST A DISTANCE OF 10571 FEET, THENCE NORTH 89000"12" WEST A DISTANCE OF 15108 FEET TO THE EAST BOUNDARY OF THE 30 FOOT RIGHT-OF-WAY ON VANCIL ROAD; THENCE NORTH 00059'52" EAST ALONG THE EAST 30 FOOT RIGHT-OF-WAY OF VANCIL ROAD A DISTANCE OF 10601 FEET. THENCE NORTH 89033'39" WEST A DISTANCE OF 15 FEET TO THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF-WAY ALONG VANCIL ROAD THENCE NORTH 00059'53" EAST A DISTANCE OF 15988 FEET ALONG THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF- WAY TO THE POINT OF BEGINNING NEW PARCEL C BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE SOUTH 50043'10' EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR 507 A DISTANCE OF 29458 FEET, THENCE SOUTH 39002'54" WEST A DISTANCE OF 10571 FEET, THENCE NORTH 89000"12" WEST A DISTANCE OF 151 08 FEET TO THE EAST BOUNDARY OF THE 30 FOOT RIGHT-OF.WAY ON VANCIL ROAD THENCE NORTH 00059'53" EAST ALONG THE EAST 30 FOOT RIGHT-OF-WAY OF VANCIL ROAD A DISTANCE OF 10601 FEET, THENCE NORTH 89033'39" WEST A DISTANCE OF 15 FEET TO THE EAST BOUNDARY OF THE 1"5 FOOT RIGHT-OF- WAY ALONG VANCIL ROAD THENCE NORTH 00059'53" EAST A DISTANCE OF 15988 FEET ALONG THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF-WAY TO THE POINT OF BEGINNING ) j I j j J "t, " '"111 " 11/111111111 C!TV or YEU1 BLAM f74 80 3256373 P <'lgt' 5 01 5 9S!21/19Q9 ~~ N!r Thurston Co. UH city of Yelm PO Box 479 105 Yeltn Avenue West Yelm, WA 98597 Real ESlate Excise tax paid \\..6-vce.. _. , Receipt no. v\..--))\i- Date I t W gj Robin L Hu~urston Co.. Treas. By J..\.'\V Deputy SEWER EASEMENT Grantor' Safeway, Inc. - A Delaware Corporation j 1 J 1 I I Grantee City of Yelm, - A Municipal Corporation Legal Description SEINE Section 30, Township 17N, Range 2 East Assessor's Parcel No 22730110300, 22730110400, 22730140300 ,;1 1 J ill( " .~ ~ "~';" I11III11 11111111111111 I'!TV f1f Vtl 11 [AS Sl3 88 t'X 2\ --:::::-- 3271043 Page lor t 12/21/[399 89 18~ Thurston C,l, ~R . , ./ UTILITY EASEMENT THIS INDENTURE, made this '2'1Yl-- day of;OOu5m~ 19~ between Safeway, Inc., a Delaware Corporation, hereinafter called the GRANTOR, and the CITY OF YElM, a Municipal Corporation, hereinafter called the GRANTEE, WITNESSETH For valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns, A PERPETUAL EASEMENT FOR sanitary sewer and appurtenances, over, under, upon and through a portion of that certain real property situate and being in the County of Thurston, State of Washington, more particularly described, as follows, TO WIT j PARCEl. PARCEL A. BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE SOUTH 50043'10~ EAST ALONG THE SOUTHERLY RIGHT-OF~WAY OF SR 507, A DISTANCE OF 641 80 FEET, TO THE TRUE POINT OF BEGINNING THENCE SOUTH 38038'15- WEST A DISTANCE OF 4001 FEET, THENCE SOUTH 51007'04" EAST FOR DISTANCE OF 6208 FEET, THENCE SOUTH 01001'20' WEST A DISTANCE OF 15363 FEET, THENCE SOUTH 89000'11- EAST A DISTANCE OF 118 67 FEET, THENCE NORTH 01001'20" EAST A DISTANCE OF 110 39 FEET TO THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 (YELM AVENUE EAST), THENCE NORTH 50043'10' WEST FOR A DISTANCE OF 18246 FEET ALONG THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 TO THE POINT OF BEGINNING and PARCEL B. THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, THURSTON COUNTY, LYING SOUTHERLY OF SR 507 (YELM AVENUE EAST) EXCEPTING THEREFROM THE WEST 150 FEET OF THE NORTH 125 FEET OF THE SAID SOUTH 385 FEET AND ALSO EXCEPT THE WEST 300 FEET OF THE SOUTH 135 FEET AS MEASURED AT RIGHT ANGLES ALONG THE WEST LINE OF SAID PREMISES AND EXCEPTING THE WEST 30 FEET OF THE SOUTH 845 21 FEET FOR VANCIL ROAD EXCEPT PARCEL A DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE SOUTH 50043'10' EAST ALONG THE SOUTHERLY RIGHT- OF-WAY OF SR 507, A DISTANCE OF 641 80 FEET, TO THE TRUE POINT OF BEGINNING THENCE SOUTH 38038'15" WEST A DISTANCE OF 4001 j J \ UI\llllnml\llllll \ \1 \\Ilr~ 1l11\ )}\ ~~h:;~i:,,6~~ ~; FEET, THENCE SOUTH 51007'04" EAST FOR DISTANCE OF 6208 FEET, THENCE SOUTH 01001'20' WEST A DISTANCE OF 5363 FEET, THENCE SOUTH 89000'11" EAST A DISTANCE OF 118 67 FEET, THENCE NORTH 01001'20" EAST A DISTANCE OF 11039 FEET TO THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 (YELM AVENUE EAST), THENCE NORTH 50043'10k WEST FOR A DISTANCE OF 18246 FEET ALONG THE SOUTH BOUNDARY OF THE RIGHT-Of-WAY OF SR 507 TO THE POINT OF BEGINNING EXCEPT PARCEL C DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE SOUTH 50043'10. EAST ALONG THE SOUTHERLY RIGHT- OF-WAY OF SR 507 A DISTANCE OF 294 58 FEET, THENCE SOUTH 39002'54. WEST A DISTANCE OF 10571 FEET. THENCE NORTH 89000"12" WEST A DISTANCE OF 151,08 FEET TO THE EAST BOUNDARY OF THE 30 FOOT RIGHT-OF-WAY ON VANCIL ROAD; THENCE NORTH 00059'52" EAST ALONG THE EAST 30 FOOT RIGHT-OF-WAY OF VANCil ROAD A DrSTANCE OF 10601 FEET, THENCE NORTH 89033'39" WEST A DISTANCE OF 15 FEET TO THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF-WAY ALONG VANCIL ROAD THENCE NORTH 00059'53" EAST A DISTANCE OF 15988 FEET ALONG THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF- WAY TO THE POINT OF BEGINNING PERMANENT EASEMENT. Said portion of the above-described parcel being described as follows PARCEL A. A PERMANENT EASEMENT TO THE CITY OF YELM FOR UTILITIES THE UTILITIES EASEMENT WILL INCLUDE SEWER AND NECESSARY APPURTENANCES THEREFORE. THE EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS A FIFTEEN FOOT WIDE STRIP OF LAND LYING 7 50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED; COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF VANCIL ROAD AND THE SOUTH RIGHT-OF-WAY OF YElM AVENUE EAST (SR 507) THENCE SOUTH 50043'10" EAST ALONG THE SOUTH BOUNDARY OF YElM AVENUE EAST A DISTANCE OF 59375 FEET THENCE SOUTH 38053'08~ WEST A DISTANCE OF 2712 FEET, THENCE SOUTH 5100T20~ EAST A DISTANCE OF 4817 FEET TO THE BOUNDARY OF PARCEL A AND THE TRUE POINT OF BEGINNING THENCE SOUTH 51007'20" EAST A DISTANCE OF 3333 FEET, THENCE SOUTH 0059'49" WEST A DISTANCE OF 1676 FEET TO THE BOUNDARY OF PARCEL B, THENCE CONTINUING IN PARCEL 8 ON A BEARING OF SOUTH 00059'49" WEST A DISTANCE OF 17486 FEET, THENCE SOUTH 89000'14" EAST A DISTANCE OF 1455 FEET TO THE BOUNDARY OF PARCEL A, THENCE SOUTH 89000'14" EAST A DISTANCE OF 111 38 FEET, THENCE SOUTH 01001'20. WEST A DISTANCE OF 690 FEET TO THE BOUNDARY OF PARCEL B AND THE TERMINUS OF THIS LINE DESCRIPTION 1 j 11111I11 1II1111111~1 II (,!TV I)l: vrJ tI EAS S13 88 3271043 Pi\g<, 3 vI b t.:/2~;! 9S9 133 18>1 HJ1.lf'stun Co ~jJi -.' PARCEL B A PERMA-NENT EASEMENT TO THE CITY OF YELM FOR UTILITIES THE UTILITIES EASEMENT WILL, INCLUDE SEWER AND NECESSARY APPURTENANCES THEREFORE. 'THE EASEMENT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS A FIFTEEN FOOT WIDE STRIP OF LAND LYING 7 50 FEET EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE, COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF YELM AVENUE EAST (SR 507). THENCE SOUTH 50043'10" EAST ALONG THE SOUTH BOUNDARY OF YELM AVENUE EAST A DISTANCE OF 593 75 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 38053'08" WEST A DISTANCE OF 27 12 FEET, THENCE SOUTH 51007'20" EAST A DISTANCE OF 48 17 FEET TO THE BOUNDARY OF PARCEL A, THENCE CONTINUING IN PARCEL A ON A BEARING OF SOUTH 5100t20" EAST A DISTANCE OF 33 33 FEET, THENCE SOUTH 0059'49" WEST A DISTANCE OF 1676 FEET TO THE BOUNDARY OF PARCEL B, THENCE IN PARCEL B CONTINUE ON A BEARING OF SOUTH 0059'49- WEST A DISTANCE OF 17486 FEET, THENCE SOUTH 89000'14" EAST A DISTANCE OF 1455 FEET TO THE BOUNDARY OF PARCEL A THENCE CONTINUING IN PARCEL A ON A BEARING OF SOUTH 89000'14- EAST A DISTANCE OF 111 38 FEET, THENCE SOUTH 01001'20' WEST A DISTANCE OF 690 FEET TO BOUNDARY OF PARCEL B, THENCE IN PARCEL B CONTINUE ON A BEARING OF SOUTH 01001'20. WEST FOR A DISTANCE OF 235 67 FEET AND THE TERMINUS OF THIS LINE DESCRIPTION TOGETHER WITH the right to enter upon, over and along said real property hereinbefore described, from time to time, to construct, inspect, repair. alter, modify, replace, remove, and update to present and future technological standards, said sanitary sewer and appurtenances The Grantor shall not place or construct a building or other structure on the easement right-of-way. IN WITNESS WHEREOF, this instrument has been executed the day and year first above-written SAFEWAY,INC BY iltJ;;t6 BY- ~Ai'L (Signature) ITS /f-r.rT tJ} (. (., f t-H I 0)'47"'- . , (Title) ITS ;h,;r- ~ (fit/e) J j/~II~/~Ullllllllllllmlllllllllmlllllllllll EAs t1,) "I' 3271043 P,'rge 4 oi' S ~.2/2J 1l.:i89 tB If,;) :",< , ACKNOWLEDGMENT STATE OF CALIFORNIA ) ) 55. COUNTY OF ALAMEDA ) On November 29, 1999, before me, SylvIa Burnett, Notary Public, personally appeared Sharman Braff and DenIse M. Roman personally known to me to be the persons whose names are subscnbed to the wIthin Instrument and acknowledged to me that the) executed the same in theIr authorized capacity, and that by theIr sIgnatures on the Instrument, the persons or the entIty upon behalf of whIch the persons acted, executed the Instrument. WITNESS my hand and official seal. SlgnalureJ>~0A~ \Jj'~ J. . SYlVIA-BUA-Nm' , , COMM #1122050 0 ~ . NOTAR> "U8UC-CAlIFORNlA ~ v COUI>tl' OfAtAMroA _ (Se~' - ~YC~'_txpmlJ~. !5,:OO2 t J 11111111 111I" 1111I111 f'!TY (l; 'ifl N EAS S13 69 3271043 P<ige 5 of 6 12/2l '1:199 t19 IBA Thurston Co, WA ....~. .~ -" ! I I .j\ ;.: ,," ,.\ , '~ i' f :'1 ..:...--~:.. " .; .' ~. il \(., . ....... .__.J_--.;...._.-....--...~.~u..;...--~- STATE OF CALIFORNIA ) ~ )ss. ,,~ ) ~cY\J I certify that I kno or have satis;actOry evidence that is the person who appeare before me, and said person acknowledged that (he/she) signed this instrument, on 0 stated that (he/she) was authorized to execute the instrument and acknowledged It s the I of Safeway, lnc, to be the free and voluntary act and d, for the uses and purposes mentioned in the instrument. COUNTY OF ALAME A GIVEN under my hand and official day of _,19_ NOTARY PU C /n and for the State of California residin Accepted by the City ofYelm, Washington this 1+ n--J. day of~( 119..1::1. BY ) '.. ----,-' )."-........_- Director of Public Works STATE OF WASHINGTON ) ) S5 COUNTY OF THURSTON } r<'t On this day and year above, personally appeared before me, r.: ({ ~h"'r\'I" ,,, I to me known to be the Public Works Director of City of Yelm, a. Municipal Corporation, who executed the foregoing instrument and a'cknowledged the said instrument to be the free and voluntary act and deed of said Municipal Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. sr m hand and seal this STEPHANIE A. CONNERS COMMISSION EXPIRES 06-15-2003 NOTARY PUBLIC STATE OF WASHINGTON I . ')'" 'i '... . day of ill, 19Ji " -.D/tLA, NOTAR PUBLIC in and a' the S!'!!. of . , Washington, residing at I C J ~)( ~ )~. Ii(~ i: My commission expIres 'I' J f./ J . \ \1\\\\ \llll \ \\\\\ml\ 1\ IU 111l.\l ~ c trY OF ytl t\ 3271043 Page 6 vt 6 \Y2\, \989 &:3 IBM Thurs\Qf\ Co, '~p. , j ) ) J J , . . " -f~ '22 City ofYelm PO Box 479 105 Yelm Avenue West Yelm, WA 98597 Real Estate Excis6 tax paid . \,J ~ Receipt no. ~)vl.. Date 11- 1- 0 ~~ Robin l. Hu~t! T~u!ston Co.. Treas. By ~~ Deputy WA TERMAIN EASEMENT Grantor Safeway, Inc. - A Delaware Corporation Grantee City of Yelm. - A Municipal Corporation Legal DescriptIon SEINE Section 30, Township 17N, Range 2 East Assessor's Parcel No 22730110300,22730110400,22730140300 I 1IIIIIfllllll 111I11111111I " 1111 r.m OF \'HM UlS $14 80 3271050 P Ct9E' t 01' 7 12!21/19S~ o~ ~(n Thurston Co, kH j I j I! i ! I ! J ':f!-:, " UTILITY EASEMENT THIS INDENTURE, made this 2 Cf n.- day of f1}c{J?I?1hC-~19 9 '7, between Safeway, Inc., a Delaware Corporation, hereinafter called the GRANTOR, and the CITY OF YELM, a Municipal Corporation, hereinafter called the GRANTEE, WITNESSETH' For valuable consideration, receipt of which is hereby acknowledged, the Grantor hereby grants and conveys to the Grantee, its successors and assigns, A PERPETUAL EASEMENT FOR water mains and appurtenances, over. under, upon and through a portion of that certain real property situate and being in the County of Thurston, State of Washington, more particularly described as follows, TO WIT PARCEL. NEW PARCEL A. BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE SOUTH 50043'10. EAST ALONG THE SOUTHERLY RIGHT-OF-WAY OF SR 507, A DISTANCE OF 641 80 FEET, TO THE TRUE POINT OF BEGINNING THENCE SOUTH 38038'15" WEST A DISTANCE OF 4001 FEET, THENCE SOUTH 51007'04" EAST FOR DISTANCE OF 62.08 FEET, THENCE SOUTH 01001'20' WEST A DISTANCE OF 15363 FEET, THENCE SOUTH 89000'11" EAST A DISTANCE OF 11867 FEET, THENCE NORTH 01001'20' EAST A DISTANCE OF 11039 FEET TO THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 (YELM AVENUE EAST), THENCE NORTH 50043'10. WEST FOR A DISTANCE OF 18246 FEET ALONG THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 TO THE POINT OF BEGINNING AND PARCEL 8 THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, TOWNSHIP 17 NORTH, RANGE 2 EAST, WILLAMETTE MERIDIAN, THURSTON COUNTY, LYING SOUTHERLY OF SR 507 (YELM AVENUE EAST) EXCEPTING THEREFROM THE WEST 150 FEET OF THE NORTH 125 FEET OF THE SAID SOUTH 385 FEET AND ALSO EXCEPT THE WEST 300 FEET OF THE SOUTH 135 FEET AS MEASURED AT RIGHT ANGLES ALONG THE WEST LINE OF SAID PREMISES AND EXCEPTING THE WEST 30 FEET OF THE SOUTH 845 21 FEET FOR VANCIL ROAD EXCEPT PARCEL A DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHERN BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD, THENCE SOUTH 50043'10' EAST ALONG THE SOUTHERLY RIGHT- OF-WAY OF SR 507, A DISTANCE OF 641 80 FEET, TO THE TRUE POINT 11111111 11I1111I111111 f;~Cil:o~,: n .'TTV or '<'riM EA5 H4 sa Tr,urston Lv ~ '" :~ ) ) j J OF BEGINNING THENCE SOUTH 38038'15" WEST A DISTANCE OF 4001 FEET, THENCE SOUTH 51007'04" EAST FOR DISTANCE OF 6208 FEET, THENCE SOUTH 01001'20' WEST A DISTANCE OF 5363 FEET, THENCE SOUTH 89000'11" EAST A DISTANCE OF 118 67 FEET, THENCE NORTH 01001'20" EAST A DISTANCE OF 11039 FEET TO THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 (YELM AVENUE EAST), THENCE NORTH 50043'10" WEST FOR A DISTANCE OF 18248 FEET ALONG THE SOUTH BOUNDARY OF THE RIGHT-OF-WAY OF SR 507 TO THE POINT OF BEGINNING EXCEPT PARCEL C DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTHERLY BOUNDARY OF SR 507 (YELM AVENUE EAST) AND THE EAST BOUNDARY OF VANCIL ROAD; THENCE SOUTH 50043'10. EAST ALONG THE SOUTHERLY RIGHT- OF-WAY OF SR 507 A DISTANCE OF 29458 FEET, THENCE SOUTH 39002'54" WEST A DISTANCE OF 10571 FEET, THENCE NORTH 89000"12" WEST A DISTANCE OF 151 08 FEET TO THE EAST BOUNDARY OF THE 30 FOOT RIGHT-OF-WAY ON VANCIL ROAD; THENCE NORTH 00059'52' EAST ALONG THE EAST 30 FOOT RIGHT-OF-WAY OF VANCIL ROAD A DISTANCE OF 10601 FEET, THENCE NORTH 89033'39" WEST A DISTANCE OF 15 FEET TO THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF-WAY ALONG VANCIL ROAD THENCE NORTH 00059'53" EAST A DISTANCE OF 15988 FEET ALONG THE EAST BOUNDARY OF THE 15 FOOT RIGHT-OF- WAY TO THE POINT OF BEGINNING PERMANENT EASEMENT. Said portion of the above-described parcel being described as follows. PARCEL A A PERMANENT EASEMENT TO UTILITIES EASEMENT WILL APPURTENANCES THEREFORE DESCRIBED AS FOllOWS THE CITY OF YELM FOR UTILITIES THE INCLUDE WA TER AND NECESSARY THE EASEMENT IS MORE PARTICULARLY A FIFTEEN FOOT WIDE STRIP OF LAND LYING 7 50 FEET EITHER SIDE OF THE FOllOWING DESCRIBED CENTERLINE, COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF VANCIL ROAD AND THE SOUTH RIGHT-OF- WAY OF YELM AVENUE EAST (SR 507) THENCE SOUTH 50043'10' EAST ALONG THE SOUTH BOUNDARY OF YElM AVENUE EAST A DISTANCE OF 34722 FEET TO THE TRUE POINT OF BEGINNING THENCE SOUTH 00059'54" WEST A DISTANCE OF 19939 FEET TO THE SOUTH BOUNDARY OF PARCEL A AND THE TERMINUS OF THIS LINE DESCRIPTION PARCEL B A PERMANENT EASEME NT OF UTILITIES EASEMENT WILL APPURTENANCES THEREFORE DESCRIBED AS FOLLOWS THE CITY OF YELM FOR UTILITIES THE INCLUDE WATER AND NECESSARY THE EASEMENT IS MORE PARTICULARLY I II fII "" 1111' "' " " " f!TV Of ',TI H EAS $14 Be 3271050 P~gt; 3 ell 7 t2/2 tl J ~9~ f)~ 4(1': Thurs' un Co ~ 1, b I J ) ] j 1 J 1 "'" J;\".. A FIFTEEN FOOT WIDE STRIP OF LAND LYING 7 50 FEET EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLlNE, COMMENCING AT THE INTERSECTION OF THE EASTERN RIGHT-OF-WAY OF VANCil ROAD AND THE SOUTH RIGHT-OF- WAY OF YELM AVENUE EAST (SR 507) THENCE SOUTH 50043'10. EAST ALONG THE SOUTH BOUNDARY OF YELM AVENUE EAST A DISTANCE OF 347.22 FEET THENCE SOUTH OOoS9'54n WEST A DISTANCE OF 19939 FEET TO THE SOUTH BOUNDARY OF PARCEL A AND THE TRUE POINT OF BEGINNING THENCE SOUTH 00059'54n WEST A DISTANCE OF 10473 FEET, THEN INCLUDE A LINE RUNNING SOUTH 88051'47" EAST A DISTANCE OF 4360 FEET FOR A FIRE HYDRANT, THENCE FROM THIS JUNCTION CONTINUE SOUTH 0<>59'54" WEST A DISTANCE OF 136.06 FEET, THENCE NORTH 89000'06" WEST A DISTANCE OF 43 57 FEET, THEN INCLUDE A LINE RUNNING SOUTH 00054'53. WEST A DISTANCE OF 4113 FEET FOR A FIRE HYDRANT, THENCE FROM THIS JUNCTION CONTINUE NORTH 89000'06" WEST A DISTANCE OF 519 26 FEET, THEN INCLUDE A LINE RUNNING SOUTH 00059'53' WEST A DISTANCE OF 42 72 FEET FOR FIRE DEPARTMENT CONNECTION AND A LINE RUNNING NORTH 00059'53" EAST FOR A DISTANCE OF 1642 FEET FOR BUILDING SERVICE. THENCE FROM THIS JUNCTION CONTINUE NORTH 89000~06. WEST A DISTANCE OF 35 04 FEET, THEN INCLUDE A LINE RUNNING SOUTH 00059'53' WEST A DISTANCE OF 41 16 FEET FOR A FIRE HYDRANT, THENCE FROM THIS JUNCTION CONTINUE NORTH 89000'06" WEST A DISTANCE OF 192.18 FEET TO THE EAST BOUNDARY OF VANCIL ROAD AND THE TERMINUS OF THIS LINE DESCRIPTION COMMENCING AT THE INTERSECTION OF THE EAST RIGHT-OF-WAY OF VANCIL ROAD AND THE SOUTH RIGHT-OF-WAY OF YELM AVENUE EAST (SR 507) THENCE SOUTH 50043'10" EAST ALONG THE SOUTH BOUNDARY OF YELM AVENUE EAST A DISTANCE OF 347.22 FEET, THENCE SOUTH 0059'54' WEST A DISTANCE OF 202.47 FEET TO THE TRUE POINT OF BEGINNING THENCE NORTH 89000'11" WEST A DISTANCE OF 10077 FEET, THEN INCLUDE A LINE RUNNING NORTH 0059'49. EAST A DISTANCE OF 3768 FEET FOR A FIRE HYDRANT, THENCE FROM THIS JUNCTION CONTINUE NORTH 89000'11" WEST A DISTANCE OF 519.26 FEET, THEN INCLUDE A LINE RUNNING NORTH 0059'49" EAST A DISTANCE OF 37 11 FOR A FIRE HYDRANT, THENCE FROM THIS JUNCTION CONTINUE NORTH 89000'11" WEST A DISTANCE OF 129 17 FEET TO THE EAST BOUNDARY OF VANCIL ROAD AND THE TERMINUS OF THIS LINE DESCRIPTION TOGETHER WITH the right to enter upon, over and along said real property hereinbefore described, from time to time, to construct, inspect, repair, alter, modify, replace, remove, and update to present and future technological standards, said water mains and appurtenances. The Grantor shall not place or construct a building or other structure on the easement right-of-way "111111 11I11111111111 rm nr Yrt H EAS $l4 00 3271050 P iige 4 or ' 12/21/1988 ~S 47~ Thurston C0 WA Ie> IN WITNESS WHEREOF, this instrument has been executed the day and year first above-written. /hC5r-~ (Title) ) $S. <ffj~ ) C<ll- c..:f ~ I certify that I know 0 ave satisfactory evidence that is the person who appeared b ore me, and said person acknowledged that (he/she) signed this instrument, on oath ated that (he/she) was authorized to execute the instrument and acknowledged it as e , of Safeway, Inc., to be the free and voluntary act and dee , for the uses and purposes mentioned in the instrument. ::FE~2iu~~ f}s.irJ.J IC';: ~ f (l. t-S 10 fAJJlTS (rfile) BY' ~/q~ (Signature) ITS STATE OF CAlt GIVEN under my hand and official sea dayof_.19_ '" NOTARY PUBl in and for the State of California residing t~ I 1., 111111/11 I11II 111I11111/1111111I ~~ ~Il~,t; <lA rrrv C\F Yfl/1 ERS $14 OS Thurston Co, WR ~ -,' Accepted by the City of Yelm, Washington this j iJ.:Il"'} day ofJ2fb., 19 S3.. BY 1[,,-_ l r"- - Director of ubHc Works STATE OF WASHINGTON ) ) 55. COUNTY OF THURSTON ) On this day and year above, personally appeared before me, Kn~ P\AKIV\A~l\L to me known to be the Public Works Director of City of Yelm, a Municipal Corporation, who executed the foregoing instrument and acknowledged the said instrument to be the free and voluntary act and deed of said Municipa! Corporation for the uses and purposes therein mentioned and on oath states he is authorized to execute the said instrument. . II I +t~ I '\"L~L qO(, GIVEN under my hand and seal thIs ~ day of ~ 19-LL STEPHANIE A. CONNERS COMMISSION EXPIRES 06-15-2003 NOTARY PUBLIC STATE OF WASHINGTON_. ,_~ ~(;;,.'^<~~ (hwMJ N Y PUBLIC i an r the State of Washington, residing at I !. My commission expires. j 1 ! J ] I j I ) 1 k "111I11 111/1111 UIII' II (' rTY or Yf'1 H [AS m OS 3271050 P agt' 6 of ') 12/211 1993 89 47A Thurston Co WA ~ \ 1"'0 \ .. Ii --/ / .~ I:~'" '1 L, I J ,I 1 1 .J J lC I ) illJ J ] ! J J 1 \ J(;;., ;i;t":':";:' .... .~-ij~~~;;~~;; .;~:-t. .t. ~~:~~~1 {;':t#I\"0;&t::." " A CKNOWLEDGlVIENT STATEOFCALIFORNIA ) ) ss. COUNTY OF ALAMEDA ) On November 29, 1999, before me, Sylvia Burnett, Notary Public, personally appeared Sharman Braff and Denise M. Roman personally known to me to be the persons whose names are subscnbed to the within instrument and acknowledged to me that they executed the same In their authorized capacity, and that by theIr sIgnatures on the Instrument, the persons or the entIty upon behalf of which the persons acted, executed the mstrurnent. WITNESS my hand and official seal. ~ e - SYI VlA-aURNm 0 , V> COMM #1122050 0 ~ cr NOTAllV I'lI8t!C-CAUFORNlA ;v <. 0, COUNT\' OF AlAMEDA ~ SIgnal _ 0lJJl-..~ (:i.!) . 'j:oom .,,!,,&J~. ";100~ t 11~i~I~1 ~1I11~1111II1 illlll'I'~J III/Jill 'JI 3271050 Page ? or 7 12/21/1893 89 47H Thurston Co, WA